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

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

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

OFFICERS
OF THE
STATE SENATE
2000
MARK TAYLOR ............................................................President (Lieutenant Governor) DOUGHERTY COUNTY
TERRELL STARR........................................................................President Pro Tempore CLAYTON COUNTY
FRANK ELDRIDGE, JR..............................................................Secretary of the Senate WARE COUNTY
MATTHEW HILL................................................................................Sergeant at Arms BARTOW COUNTY
STAFF OF SECRETARY OF SENATE
ROBERT EWING.............................................................................Assistant Secretary DEKALB COUNTY
DEBBIE SORRELLS...............................................................................Journal Clerk GWINNETT COUNTY
AGNES DOSTER..................................................................................Enrolling Clerk GWINNETT COUNTY
CLARA BASKIN..................................................................................Bill Status Clerk COBB COUNTY
LINDA THOMPSON.............................................................................Calendar Clerk CLAYTON COUNTY
FAYE MOORE........................................................................Index/Information Clerk GWINNETT COUNTY
FREIDA ELLIS.............................................................................................Bill Clerk FULTON COUNTY
JEFFREY FOLEY........................................................................Assistant to Secretary DEKALB COUNTY
JANIE KAYLOR..........................................................................Assistant to Secretary ROCKDALE COUNTY

Wednesday, March 15, 2000

1329

Senate Chamber, Atlanta, Georgia Wednesday, March 15, 2000
Thirty-seventh Legislative Day

The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by Senator Starr of the 44th, President Pro Tempore.

Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.

The President assumed the Chair.

Senator Walker of the 22nd moved that the Senate reconsider its action in defeating the following bill:

HB 271.

By Representatives Grindley of the 35th, Graves of the 125th, Childers of the 13th and Irvin of the 45th:

A bill to amend Article 1 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to physicians, physicians' assistants, and respiratory care, so as to provide for minimum prescription or refill supplies of certain medications during a certain period; and for other purposes.

On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

On the motion, the yeas were 14, nays 16; the motion lost, and HB 271 was not reconsidered. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President:

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JOURNAL OF THE SENATE

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

HB 1685.

By Representative Hudgens of the 24th: A bill to provide a new charter for the City of Ila.

HB 1715.

By Representative Cummings of the 27th:
A bill to amend an Act providing a new charter for the City of Cedartown, so as to change the corporate limits of said city.

HB 1717.

By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th:
A bill to amend an Act providing for a supplement to the compensation, expenses, allowances, and supplements of the judge of the probate court, the tax commissioner, and the clerk of the Superior Court of Columbia County, so as to include longevity increases in the salaries; to clarify the manner by which such salaries are calculated.

SB 507.

By Senators Guhl of the 45th and Crotts of the 17th:
A bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Conyers," as amended, so as to change the jurisdiction of the Municipal Court of the City of Conyers; to repeal conflicting laws.

SB 508.

By Senators Gingrey of the 37th, Lamutt of the 21st and Tanksley of the 32nd:
A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, as amended, so as to change the compensation of the chief judge, judges, and associate judges of the state court; to provide an effective date; to repeal conflicting laws.

SB 534.

By Senator Stephens of the 51st:
A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Gilmer County, as amended, so as to provide for an advisory referendum election to be held in Gilmer County for the purpose of ascertaining whether the voters of Gilmer County prefer that the Gilmer County Board of Commissioners adopt a land use (zoning) ordinance for the unincorporated area of Gilmer County; to provide procedures and requirements and for other matters relative thereto; to repeal conflicting laws.

SB 506.

By Senators Guhl of the 45th and Crotts of the 17th:
A bill to be entitled an Act to provide a homestead exemption from City of Conyers ad valorem taxes for municipal purposes in the amount of $7,000.00 of the assessed value of the homestead for each resident of the City of Conyers, which is in lieu of and not in addition to any other homestead exemption applicable to City of Conyers ad valorem taxes for municipal purposes; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal; to repeal conflicting laws.

Wednesday, March 15, 2000

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SB 300.

By Senator Broun of the 46th:
A bill to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define certain terms; to provide that a qualified charitable gift annuity issued by a charitable organization operated under the University System of Georgia shall not constitute engaging in the business of insurance; to provide for certain notices; to provide for the effects of failure to provide such notices; to provide for related matters; to repeal conflicting laws.

SB 468.

By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to be entitled an Act to amend Code Section 12-8-24 of the Official Code of Georgia Annotated, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities and the inspection of solid waste generators, so as to provide that a vertical expansion shall be permitted under certain circumstances when the owner of a facility has a modification plan involving the removal of waste to a conforming facility; to provide for a corrective plan in the event of nonconformance; to provide for a closure plan; to repeal conflicting laws.

SB 383.

By Senators Starr of the 44th, Walker of the 22nd, Stokes of the 43rd and others:
A bill to be entitled an Act to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to change the date on which the commission shall be terminated; to amend an Act creating the State Commission on Family Violence, as amended, so as to repeal provisions of said Act formerly governing the termination of the commission; to provide for related matters; to repeal conflicting laws.

SB 392.

By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend Code Section 16-7-81 of the Official Code of Georgia Annotated, relating to explosive materials, so as to provide for additions to the list of explosive materials; to repeal conflicting laws.

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

SB 340.

By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to change the conditions under which the state revenue commissioner shall not approve tax digests when certain assessments are under appeal or arbitration; to change certain provisions regarding the withholding of certain grants; to repeal conflicting laws.

SB 315.

By Senators Thomas of the 10th, Scott of the 36th, Fort of the 39th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a physician may retain temporary protective custody of a child without a court order and without parental consent if the child's life or health is in imminent danger; to provide a short title; to provide for procedures; to provide for immunity from liability; to provide for other matters relative thereto; to repeal conflicting laws.

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SB 480.

By Senators Walker of the 22nd, Dean of the 31st and Gillis of the 20th:
A bill to be entitled an Act to amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to change the courts required to impose fines for deposit in that fund; to provide an effective date; to repeal conflicting laws.

SB 343.

By Senator Madden of the 47th:
A bill to be entitled an Act to amend Article 3 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to construction and operation of waterworks and sanitary sewage systems, so as to provide that any private entity shall obtain the consent of the governing authority of a political subdivision before exercising condemnation rights within such jurisdiction; to provide an effective date; to repeal conflicting laws.

SB 307.

By Senators Hecht of the 34th, Starr of the 44th, Kemp of the 3rd and others:
A bill to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for certain offenses related to defrauding or theft from retail merchants; to provide that shoplifting from three separate mercantile establishments within 72 hours is a felony; to provide for felony offenses relating to fraudulent use of retail sales receipts and Universal Product Code labels; to provide for penalties; to repeal conflicting laws.

SB 412.

By Senators Tanksley of the 32nd and Thompson of the 33rd:
A bill to be entitled an Act to amend Chapters 13 and 18 of Title 15 of the Official Code of Georgia Annotated, relating respectively to officers of court and prosecuting attorneys, so as to authorize prosecuting attorneys to assess certain costs and fees; to authorize prosecuting attorneys to create and administer Pretrial Intervention and Diversion Programs; to provide for the purpose of such programs and the selection of offenders for such programs; to provide for restitution; to repeal conflicting laws.

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

SB 38.

By Senators Madden of the 47th, Starr of the 44th and Hecht of the 34th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to create the Advisory Committee on Pain Management for the Terminally Ill within the office of the joint-secretary of the state examining boards; to provide for committee appointment, membership, terms, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions.

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

Wednesday, March 15, 2000

1333

SR 504.

By Senators Dean of the 31st, Johnson of the 1st and Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities, together with the rights of ingress and egress, and drainage, in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Barrow, Chatham, Crisp, Douglas, Harris, Houston, Richmond, and Ware Counties, Georgia; to repeal conflicting laws.

SR 516.

By Senators Dean of the 31st, Starr of the 44th and Johnson of the 1st:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utilities and pipelines in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Decatur, Chatham, Troup, Dougherty, Floyd, Carroll, Spalding, Coweta, Heard, and Pike Counties, Georgia; to repeal conflicting laws.

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

SR 514.

By Senator Cheeks of the 23rd:
A resolution authorizing the conveyance of certain state owned real property located in Jefferson County, Georgia; to repeal conflicting laws.

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

HB 1290.

By Representatives Wix of the 33rd, Hudson of the 156th, Skipper of the 137th and others:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and facilities, so as to provide a short title; to define certain terms; to provide procedures for the protection of utility facilities from damage from excavating and blasting; to provide for the duties of persons engaged in excavating or blasting.

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 509.

By Representatives Jamieson of the 22nd, Ashe of the 46th, Cummings of the 27th and others:
A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to change certain provisions regarding historic preservation commissions and ordinances.

The Speaker has appointed on the part of the House, Representatives Jamieson of the 22nd, Ashe of the 46th and Porter of the 143rd.
The following bills of the House were read the first time and referred to committee:

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HB 1685. By Representative Hudgens of the 24th:

A bill to be entitled an Act to provide a new charter for the City of Ila; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor, mayor pro tem., and city council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1715. By Representative Cummings of the 27th:

A bill to be entitled an Act to amend an Act providing a new charter for the City of Cedartown, approved April 5, 1994 (Ga. L. 1994, p. 4628), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations. HB 1717. By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th:

A bill to be entitled an Act to amend an Act providing for a supplement to the compensation, expenses, allowances, and supplements of the judge of the probate court, the tax commissioner, and the clerk of the Superior Court of Columbia County, approved April 5, 1993 (Ga. L. 1993, p. 4582), so as to include longevity increases in the salaries; to clarify the manner by which such salaries are calculated; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

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

HB 815. Do pass. HB 1470. Do pass. HB 1160. Do pass by substitute. HB 1671. Do pass. HR 874. Do pass. HR 875. Do pass. HR 976. Do pass. HR 1050. Do pass. HR 1053. Do pass as amended.

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

Mr. President:

The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

Wednesday, March 15, 2000

1335

HB 1414. Do pass.

Respectfully submitted, Senator Hecht of the 34th District, Chairman

Mr. President:

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

HB 816. Do pass by substitute. HB 1363. Do pass.

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

Mr. President:

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

HB 648. Do pass. HB 801. Do pass. HB 1118. Do pass. HB 1134. Do pass by substitute. HB 1291. Do pass. HB 1296. Do pass by substitute. HB 1310. Do pass. HB 1455. Do pass. HB 1577. Do pass. HB 1615. Do pass.

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

The following communication was received by the Secretary:

The State Senate Atlanta, Georgia

March 14, 2000

Mr. Frank Eldridge Secretary of the Senate 353 State Capitol Atlanta, Georgia

Dear Frank:

By way of this letter I hereby authorize Senator Paul Broun, as Vice-Chairman of the Senate Higher Education Committee to preside at the meeting today, March 14, 2000; sign any bills, and the committee report.

Sincerely, /s/ Jack Hill

The reading of committee reports was continued.

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Mr. President:

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

HB 1189. HB 1591. HB 1619. HB 1629.

Do pass. Do pass. Do pass. Do pass.

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

Mr. President:

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

HB 517. Do pass. HB 1275. Do pass. HB 1391. Do pass. HB 1400. Do pass as amended.

Respectfully submitted, Senator Madden of the 47th District, Chairman

Mr. President:

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

HB 1240. Do pass by substitute. HB 1576. Do pass by substitute. HB 584. Do pass by substitute. HB 712. Do pass. HB 719. Do pass. HB 1204. Do pass. HB 1354. Do pass. HB 1361. Do pass. HB 1397. Do pass. HB 1405. Do pass as amended. HB 1601. Do pass.

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

Mr. President:

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

HB 1082. Do pass as amended. HB 1154. Do pass. HB 1216. Do pass. HB 1259. Do pass. HB 1283. Do pass.

HB 1624. Do pass HB 1625. Do pass HB 1632. Do pass. HB 1633. Do pass. HB 1636. Do pass.

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HB 1429. Do pass. HB 1456. Do pass by substitute. HB 1471. Do pass. HB 1477. Do pass. HB 1485. Do pass. HB 1497. Do pass. HB 1559. Do pass. HB 1564. Do pass. HB 1572. Do pass. HB 1600. Do pass. HB 1608. Do pass. HB 1614. Do pass. HB 1620. Do pass. HB 1622. Do pass. HB 1340. Do pass.

HB 1641. Do pass. HB 1639. Do pass. HB 1638. Do pass. HB 1645. Do pass. HB 1689. Do pass. HB 1658. Do pass. HB 1660. Do pass HB 1686. Do pass. HB 1687. Do pass. HB 1690. Do pass. HB 1691. Do pass. HB 1546. Do pass. HB 1312. Do pass.

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

Mr. President:

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

HB 1183. Do pass. HB 1441. Do pass by substitute. HR 756. Do pass by substitute. HR 1149. Do pass. HR 1150. Do pass. HR 1151. Do pass. HR 1188. Do pass. HR 1051. Do pass by substitute. HR 1207. Do pass. HR 1211. Do pass. HR 1231. Do pass by substitute.

Respectfully submitted, Senator Streat of the 19th District, Chairman

Mr. President:

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

HB 1413. Do pass. HB 817. Do pass. HB 1256. Do pass. HB 1381. Do pass by substitute.

Respectfully submitted, Senator Harbison of the 15th District, Chairman

The following bills and resolutions were read the second time:

HB 1118 HB 1134

HB 1601 HB 1615

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HB 1160 HB 1183 HB 1189 HB 1204 HB 1240 HB 1256 HB 1275 HB 1291 HB 1296 HB 1310 HB 1354 HB 1361 HB 1363 HB 1381 HB 1391 HB 1397 HB 1400 HB 1405 HB 1413 HB 1414 HB 1441 HB 1455 HB 1470 HB 1576 HB 1577 HB 1591

HB 1619 HB 1629 HB 1671 HB 517 HB 584 HB 648 HB 712 HB 801 HB 815 HB 817 HR 1050 HR 1051 HR 1053 HR 1149 HR 1150 HR 1151 HR 1188 HR 1207 HR 1211 HR 1231 HR 756 HR 874 HR 875 HR 976 HB 719

Senator Walker of the 22nd asked unanimous consent that the morning roll call be dispensed with. The consent was granted.

The members pledged allegiance to the flag.

Prayer was offered by Rabbi Robert Ichay of Congregation Or VaShalom, Atlanta, Georgia.

The following resolutions were read and adopted:

SR 757. By Senators Dean of the 31st and Marable of the 52nd:

A resolution commending Lewis Justus; and for other purposes.

SR 758. By Senator Price of the 56th:

A resolution commending Robert Jeffrey Bostedo; and for other purposes.

SR 759. By Senator Price of the 56th:

A resolution commending Douglas Widener; and for other purposes.

SR 760. By Senators Ragan of the 11th and Golden of the 8th:

A resolution recognizing and commending Mr. Charles R. DeMott, president of Thomas Technical Institute, Thomasville, Georgia; and for other purposes.

SR 761. By Senators Ragan of the 11th, Blitch of the 7th, Streat of the 19th and others:

A resolution honoring and commending Georgia animal agriculture; and for other purposes.

Wednesday, March 15, 2000

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SR 762. By Senator Hooks of the 14th:

A resolution commending Maxine Newberry Reese; and for other purposes.

SR 763. By Senator James of the 35th:

SR 764.

A resolution expressing regret upon the passing of Wendell L. Ingram, Sr.; and for other purposes. By Senator James of the 35th:

A resolution commending Sadie Williams; and for other purposes.

Senator Price of the 56th moved that the following bill be withdrawn from the Finance and Public Utilities Committee and committed to the State and Local Governmental Operations Committee:

SB 511. By Senators Price of the 56th, Hecht of the 34th, Ray of the 48th and others:

A bill to be entitled an Act to provide for a homestead exemption from certain Fulton County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 511 was committed to the State and Local Governmental Operations Committee.

Senator Kemp of the 3rd moved that the following bill be withdrawn from the Special Judiciary Committee and committed to the Judiciary Committee:
HB 703. By Representative Holland of the 157th:

A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to provide for an exemption in the event of spouses filing jointly; and for other purposes.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 703 was committed to the Judiciary Committee.

The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR

Wednesday, March 15, 2000 Thirty-seventh Legislative Day

(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1082

Hooks of the 14th

STEWART COUNTY

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HB 1429

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A bill to provide for the Magistrate Court of Stewart County; and for other purposes. (AMENDMENT)
Madden of the 47th
CITY OF DANIELSVILLE
A bill to amend an Act providing a new charter for the City of Danielsville, so as to change the provisions relating to the corporate limits; to change the provisions on the filling of vacancies in the office of mayor or councilmember; and for other purposes.
Gingrey of the 37th Stephens of the 51st Price of the 56th
CHEROKEE COUNTY
A bill to be entitled an Act to amend an Act creating the State Court of Cherokee County, approved April 15, 1996 (Ga. L. 1996, p. 4427), so as to provide for an additional judge of the State Court of Cherokee County; to provide for the appointment of the initial judge; to provide for the election, powers, duties, jurisdiction, privileges, and compensation of said additional judge; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
Meyer von Bremen of the 12th
CLAY COUNTY
A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Clay County, approved February 16, 1953 (Ga. L. 1953, Jan. - Feb. Sess., p. 2326), as amended, so as to change the provisions relating to the chairperson and vice chairperson of the board of commissioners and their selection and terms; to change the provisions relating to the compensation of the chairperson and members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes.
Meyer von Bremen of the 12th
CITY OF COLEMAN
A bill to be entitled an Act to provide a new charter for the City of Coleman; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for severability; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Tanksley of the 32nd Thompson of the 33rd

HB 1456 HB 1471 HB 1477 HB 1485

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CITY OF SMYRNA
A bill to be entitled an Act to create the Smyrna Revitalization Authority; to provide for the duties, membership, appointment of members, qualifications, terms of office, rules of operation, officers, compensation, and staff and professional services for such authority; to provide that the authority is not authorized to issue bonds or levy taxes, fees, or assessments; to authorize acceptance and use of gifts, donations, or grants; to provide for annual recommendations; to repeal conflicting laws, and for other purposes.
Johnson of the 1st Thomas of the 2nd
CHATHAM COUNTY
A bill to be entitled an Act to amend an Act creating the Board of Elections of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5197), as amended by an Act approved April 4, 1991 (Ga. L. 1991, p. 3620), so as to change the method of appointing the chairperson of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Meyer von Bremen of the 12th
DOUGHERTY COUNTY
A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, so as to authorize said board to annually appropriate and donate money for purely charitable purposes; to repeal conflicting laws; and for other purposes.
Price of the 28th
CITY OF SENOIA
A bill to be entitled an Act to provide a new charter for the City of Senoia; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal to repeal conflicting laws; and for other purposes.
Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Gingrey of the 37th Tate of the 38th
COBB COUNTY
A bill to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from

1342 HB 1497 HB 1559 HB 1564 HB 1572

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the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 3915), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Gingrey of the 37th Tate of the 38th
COBB COUNTY
A bill to be entitled an Act to amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved March 19, 1999 (Ga. L. 1999, p. 3595), so as to change the provisions relating to the compensation of the commissioners and the chairperson; to provide an effective date; to repeal conflicting laws; and for other purposes.
Ragan of the 11th Bowen of the 13th
COLQUITT COUNTY
A bill to be entitled an Act to amend an Act re-creating the Board of Commissioners of Colquitt County, approved March 22, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3735), so as to change certain provisions regarding certain discretionary purchases by the county administrator; to repeal conflicting laws; and for other purposes.
Price of the 28th Lee of the 29th
SPALDING COUNTY
A bill to be entitled an Act to amend an Act establishing the State Court of Spalding County, formerly known as the City Court of Griffin, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4527), so as to change the provisions relating to the judge; to provide that the judge shall be full time; to provide for the election, compensation, powers, duties, authority, and vacancies of said judge; to prohibit the judge from engaging in certain activities; to provide for conflicts of law; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Gingrey of the 37th Tate of the 38th
COBB COUNTY

HB 1600 HB 1608 HB 1614 HB 1620

Wednesday, March 15, 2000

1343

A bill to be entitled an Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4679), so as to add an additional judge to the second division of the State Court of Cobb County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Huggins of the 53rd
CHATTOOGA COUNTY
A bill to be entitled an Act to create a board of elections and registration for Chattooga County and provide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the chairperson and the powers and duties of such chairperson; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to repeal conflicting laws; and for other purposes.
Hill of the 4th
CITY OF ROCKY FORD
A bill to be entitled an Act to provide a new charter for the City of Rocky Ford; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Gingrey of the 37th Tate of the 38th
COBB COUNTY
A bill to be entitled an Act to amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 16, 1999 (Ga. L. 1999, p. 4618), so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Hill of the 4th
BULLOCH COUNTY

1344 HB 1622 HB 1340 HB 1568
HB 1624

JOURNAL OF THE SENATE
A bill to be entitled an Act to amend An Act entitled "An Act creating the State Court of Bulloch County," approved August 10, 1903 (Ga. L. 1903, p. 153), as amended, so as to provide that the judge of the State Court of Bulloch County shall be full time and may not engage in the private practice of law; to change the compensation of such judge and the solicitor-general and the provisions relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
Lee of the 29th
PIKE COUNTY
A bill to be entitled an Act to create the Pike County Water and Sewerage Authority; to confer powers and to impose duties on the authority; to provide for the members of the authority, their appointment, term of tenure, qualifications, vacancies, expenses, quorum, meetings, and compensation; to prohibit conflicts of interest; to provide for definitions; to authorize the authority to contract with others pertaining to the use of the utilities and facilities of the authority and to execute leases; to authorize the issuance and sale of revenue bonds or obligations of the authority, payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the cost of such undertakings or projects; to repeal conflicting laws; and for other purposes.
Thomas of the 54th
CATOOSA COUNTY
A bill to be entitled an Act to amend an Act entitled "An Act to create the Catoosa County Public Works Authority," approved April 10, 1998 (Ga. L. 1998, p. 4302), so as to provide for the compensation of certain members of such authority; to repeal conflicting laws; and for other purposes.
Gillis of the 20th
CANDLER COUNTY
A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, so as to provide for the oath of office and for bonds for members of the board of commissioners; to change the provisions relating to the compensation of members of the board of commissioners; to provide for meetings of the board of commissioners and for a quorum; to change the powers and authority of the chairperson of the board of commissioners; to create the office of county administrator of Candler County; to provide for the appointment, compensation, powers, duties, and authority of such county administrator; to provide an effective date; to repeal conflicting laws; and for other purposes. (AMENDMENT)
Tanksley of the 32nd Thompson of the 33rd Lamutt of the 21st Gingrey of the 37th Tate of the 38th
COBB COUNTY

HB 1625 HB 1632
HB 1633
HB 1636

Wednesday, March 15, 2000

1345

A bill to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3991), and an Act approved April 16, 1999 (Ga. L. 1999, p. 4342), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Golden of the 8th
CITY OF VALDOSTA
A bill to provide a new charter for the City of Valdosta; and for other purposes.
Hooks of the 14th
AMERICUS-SUMTER COUNTY
A bill to be entitled an Act to create the Americus-Sumter County Airport Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to repeal conflicting laws; and for other purposes.
Hooks of the 14th
AMERICUS-SUMTER COUNTY
A bill to be entitled an Act to create the Americus-Sumter County Parks and Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, hiking, camping, and picnicking areas and facilities, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; to repeal conflicting laws; and for other purposes.
Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Gingrey of the 37th
CITY OF MARIETTA
A bill to be entitled an Act to create the Marietta Revitalization Authority; to provide for the duties, membership, appointment of members, qualifications, terms of office, rules of operation, officers, compensation, and staff and professional services for such authority; to provide that the authority is not authorized to issue bonds or levy taxes, fees, or

1346 HB 1641 HB 1639 HB 1638 HB 1645

JOURNAL OF THE SENATE
assessments; to authorize acceptance and use of gifts, donations, or grants; to provide for annual recommendations; to repeal conflicting laws, and for other purposes.
Marable of the 52nd
FLOYD COUNTY
A bill to be entitled an Act to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, by an Act approved March 24, 1988 (Ga. L. 1988, p. 4856), an Act approved April 13, 1992 (Ga. L. 1992, p. 5902), an Act approved April 1, 1996 (Ga. L. 1996, p. 3820), and an Act approved March 27, 1998 (Ga. L. 1998, p. 3905), so as to revise and change a certain homestead exemption for persons who are 75 years of age or over; to specify the terms, conditions, and procedures relative to the exemptions; to provide for a referendum, effective dates, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Marable of the 52nd
FLOYD COUNTY
A bill to be entitled an Act to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, approved March 28, 1986 (Ga. L. 1986, p. 5057), as amended, by an Act approved March 24, 1988 (Ga. L. 1988, p. 4856), an Act approved April 13, 1992 (Ga. L. 1992, p. 5902), an Act approved April 1, 1996 (Ga. L. 1996, p. 3820), and an Act approved March 27, 1998 (Ga. L. 1998, p. 3905), so as to revise and change certain homestead exemptions for persons who are 62 to 74 years of age and for persons who are 75 years of age or over; to specify the terms, conditions, and procedures relative to the exemptions; to provide for a referendum, effective dates, to repeal conflicting laws; and for other purposes.
Marable of the 52nd
CITY OF ROME
A bill to be entitled an Act to amend an Act providing for a homestead exemption from ad valorem taxes of the City of Rome independent school district for certain residents of that school district, approved March 25, 1986 (Ga. L. 1986, p. 4530), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4484), an Act approved April 13, 1992 (Ga. L. 1992, p. 6114), and an Act approved April 1, 1996 (Ga. L. 1996, p. 3811), so as to revise the exemption; to increase the maximum annual income for eligible residents; to specify the terms, conditions, and procedures relative to the exemption; to provide for a referendum, effective dates, applicability, and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Lamutt of the 21st Tanksley of the 32nd Thompson of the 33rd Gingrey of the 37th
CITY OF MARIETTA

HB 1689 HB 1658 HB 1660
HB 1686 HB 1687

Wednesday, March 15, 2000

1347

A bill to be entitled an Act to amend an Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 3921), so as to change the provisions regarding the appointment and election of members of the Authority and the provisions relating to voting by property owners; to repeal conflicting laws; and for other purposes.
Williams of the 6th
CITY OF OFFERMAN
A bill to be entitled an Act to amend an Act providing a new charter for the City of Offerman, approved April 2, 1996 (Ga. L. 1996, p. 3950), so as to change the provisions relating to the election and terms of office of the mayor and councilmembers; to provide for initial and regular terms of office; to provide for municipal elections; to repeal conflicting laws; and for other purposes.
Smith of the 25th
MORGAN COUNTY
A bill to create the Morgan County Family Connection Board; and for other purposes.
Ragan of the 11th
CITY OF DOERUN
A bill to be entitled an Act to provide a new charter for the City of Doerun; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
Hamrick of the 30th
CITY OF MT. ZION
A bill to be entitled an Act to amend an Act entitled "An Act to provide a new Charter for the City of Mt. Zion," approved March 24, 1978 (Ga. L. 1978, p. 4171), so as to change the jurisdictional limits of the municipal court; to provide for applicability; to repeal conflicting laws; and for other purposes.
Hamrick of the 30th
CITY OF DOUGLASVILLE
A bill to be entitled an Act to amend an Act providing a new charter for the City of Douglasville, approved April 16, 1999 (Ga. L. 1999, p. 4559), so as to provide for changes in appropriations; to repeal conflicting laws; and for other purposes.

1348 HB 1690 HB 1691 HB 1546
HB 1312

JOURNAL OF THE SENATE
Kemp of the 3rd Williams of the 6th
GLYNN COUNTY
A bill to be entitled an Act to provide for a homestead exemption from certain Glynn County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Kemp of the 3rd Williams of the 6th
GLYNN COUNTY
A bill to be entitled an Act to provide for a homestead exemption from certain Glynn County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Hecht of the 34th James of the 35th Scott of the 36th Tate of the 38th Fort of the 39th Egan of the 40th Ray of the 48th Price of the 56th
FULTON COUNTY
A bill to be entitled an Act to provide for the compensation of the judges of the State Court of Fulton County, the judges of the Juvenile Court of Fulton County, and the judge of the Probate Court of Fulton County; to repeal an Act to increase the salaries of the judges of certain courts of Fulton County, approved March 29, 1971 (Ga. L. 1971, p. 2304); to repeal an Act to fix the salaries of the judges of certain courts of Fulton County, approved March 23, 1972 (Ga. L. 1972, p. 2395); to provide an effective date; to repeal conflicting laws; and for other purposes.
James of the 35th Scott of the 36th Tate of the 38th Thomas of the 10th Fort of the 39th Egan of the 40th Polak of the 42nd

Wednesday, March 15, 2000

1349

CITY OF ATLANTA
A bill to be entitled an Act to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6045), so as to revise certain costs and service fees charged by the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
Pursuant to Senate Rule 113, Senator Egan of the 40th filed the following objection:
AS PROVIDED IN SENATE RULE 113, WE, THE UNDERSIGNED SENATORS, HEREBY FILE AN OBJECTION TO HB 1312 WHICH IS ON THE LOCAL CONSENT CALENDAR FOR TODAY, AND HEREBY REQUEST THAT IT BE MOVED TO THE SENATE LOCAL CONTESTED CALENDAR.
/s/ Egan of the 40th /s/ Price of the 56th /s/ Ray of the 48th
Date: March 15, 2000
Pursuant to Senate Rule 113, HB 1312 was placed on the Local Contested Calendar for today.
The substitutes and amendments to the following bills were put upon their adoption:
*HB 1082
The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend HB 1082 by striking all matter on lines 8 through 10 of page 1 and inserting in place thereof the following:
"to provide for filling vacancies; to provide for the".
By striking all matter on lines 29 through 33 of page 2.
By striking the designation "(b)" on line 34 of page 2 and inserting in its place the designation "(a)".
By striking the designation "(c)" on line 1 of page 3 and inserting in its place the designation "(b)".
On the adoption of the amendment, the yeas were 44, nays 0, and the committee amendment was adopted.
*HB 1456
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1456:
A BILL
To be entitled an Act to amend an Act creating the Board of Elections of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5197), as amended by an Act approved April 4, 1991 (Ga. L. 1991, p. 3620), so as to change the method of appointing the chairperson of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

1350

JOURNAL OF THE SENATE

An Act creating the Board of Elections of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5197), as amended by an Act approved April 4, 1991 (Ga. L. 1991, p. 3620), is amended by striking subsection (c) of Section 2 and inserting in its place a new subsection (c) to read as follows:
"(c) The four members of the board elected as provided in subsection (b) of this section shall appoint by majority vote a fifth member, who shall be the chairperson of the board. The term of office of the chairperson shall coincide with the terms of office of the elected members of the board as provided for in subsection (b) of this section. The elected members of the board shall appoint the chairperson within 90 days following their taking of office on the first day of January immediately following their election. If, at the end of such 90 day period, such members have not been able to agree upon the appointment of a chairperson, the chairperson shall be appointed by a majority vote of the board of county commissioners of Chatham County who must make their selection from a list of five names provided by the legislative delegation from Chatham County to the Georgia General Assembly."
SECTION 2.
Said Act is further amended by striking subsection (f) of Section 2 and inserting in its place a new subsection (f) to read as follows:
"(f) In the event any vacancy shall occur for any reason, the party which elected the member in which the vacancy shall occur shall appoint a qualified person to fill the vacancy for the unexpired term. In the event any vacancy shall occur for any reason in the office of chairperson, the remaining members of the board shall by majority vote appoint a chairperson within 90 days following the occurrence of the vacancy. If, at the end of such 90 day period, such members have not appointed a chairperson, the chairperson shall be appointed by the same method specified in subsection (c) of this section to appoint the chairperson when the other members of the board fail to act."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 44, nays 0, and the committee substitute was adopted.
*HB 1568
The Senate State and Local Governmental Operations Committee offered the following amendment:
Amend HB 1568 by striking from line 13 of page 3 of the word "The" and inserting in lieu thereof the following:
"On and after January 1, 2001, the".
By striking in their entirety lines 20 through 42 on page 4 and inserting in lieu thereof the following:
"The chairperson of the board of commissioners serving on the effective date of this section shall continue to hold office pursuant to this Act as the Act existed on January 1, 1997, until the expiration of the regular term of the incumbent chairperson on December 31, 2000. On and after January 1, 2001, the board of commissioners shall proceed immediately to begin the process of hiring a county administrator. Upon hiring of a county administrator by the board of commissioners, the chairperson shall begin serving part time as provided in Section 13 of this Act but shall provide assistance to the county administrator in transitioning into the newly established office. The incumbent chairperson's salary shall not be affected by the adoption of this Act into law.
SECTION 13B.
(a) On and after January 1, 2001, there is created the office of county administrator of Candler County. The county administrator shall be appointed by majority vote of the board of commissioners to serve at the pleasure of the board. No member of the board shall be appointed county administrator during the".

Wednesday, March 15, 2000

1351

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

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

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

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

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

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

On the passage of the local bills, the yeas were 44, nays 0.

The bills on the Local Consent Calendar, except HB 1082 and HB 1456, having received the requisite constitutional majority, were passed.

HB 1082, having received the requisite constitutional majority, was passed as amended.

HB 1456, having received the requisite constitutional majority, was passed by substitute.

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

SENATE LOCAL CONTESTED CALENDAR

Wednesday, March 15, 2000 Thirty-seventh Legislative Day

(The names listed with the bill are the Senators whose districts are affected by the legislation.)

HB 1312

James of the 35th Scott of the 36th Tate of the 38th Thomas of the 10th Fort of the 39th Egan of the 40th Polak of the 42nd

CITY OF ATLANTA

1352

JOURNAL OF THE SENATE

A bill to be entitled an Act to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6045), so as to revise certain costs and service fees charged by the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

On the passage of the local bill, the yeas were 25, nays 16.

The bill on the Local Contested Calendar, having failed to receive the requisite constitutional majority, was lost.

Senator James of the 35th gave notice that at the proper time, she would move that the Senate reconsider its action in defeating HB 1312.

Senator Harbison of the 15th recognized the Chamber of Commerce delegation from Columbus, Georgia.

NOTICE OF MOTION TO RECONSIDER:

HB 271 Physicians; certain time period; minimum prescription quantity (Substitute) (H & HS-22nd) Grindley-35th

SENATE RULES CALENDAR
Wednesday, March 15, 2000 THIRTY-SEVENTH LEGISLATIVE DAY
HB 814 Acupuncture Act of Georgia; enact (Substitute)(H&HS-35th) Orrock-56th HB 1404 County/municipal corporations; water, wastewater, stormwater, and sewer system;

Wednesday, March 15, 2000

1353

privatization (Nat R-10th) Sauder-29th
HB 1425 Tallapoosa Judicial Circuit; additional judge (Substitute) (Judy-3rd) Cummings-27th
HB 567 Sales tax exemptions; housing auth; nonprofit organizations; wheelchairs; gas (F&PU-44th) Skipper-137th (ENGROSSED IN HOUSE)
HB 1574 Courts; certain judges; compensation (Judy-34th) Bordeaux-151st HB 414 Guardian and ward; temporary guardianship of minor; dissolution (Substitute) (Judy-29th)
Stuckey-67th HB 1166 Cobb County Property Taxpayer Reassessment Relief Act; enact (F&PU-37th) Golick-30th
HB 1416 Ad valorem tax; exempt certain farm equipment (F&PU-31st) West-101st (ENGROSSED IN HOUSE)
HB 1284 Death Penalty; execution by lethal injection (Substitute) (Judy-3rd) Tillman-173rd
HB 1178 Ad valorem tax deferral; senior citizens; municipalities (F&PU-1st) Day-153rd HB 1268 Development authorities; training of members (EDT&CA-44th) Barnes-97th
HB 1630 Ethics in government; campaign finance disclosure; revise provisions (Ethics-44th) Smyre-136th (ENGROSSED IN HOUSE/SENATE)
HB 1320 Fishing with bow and arrow in Savannah River; provisions (Nat R-20th) Jackson-112th
HB 1210 Sales tax; exempt certain coins, currency, and bullion (F&PU-54th) Poag-6th (ENGROSSED IN HOUSE)
HB 1215 Income tax; corporate credits; affiliated entities (F&PU-25th) Channell-111th HB 1406 Social services; county and district directors; amend provisions (H&HS-43rd) Trense-44th
HB 708 Summons; waiver of service; amend provisions (Substitute) (S Judy-32nd) Bordeaux-151st
HB 1247 Ad valorem tax; exempt property of Elks Lodges (F&PU-54th) Jennings-63rd HB 1186 Hotel-motel tax; definitions; procedures; penalties (Substitute) (F&PU-25th) Channell-111th
HB 1097 Stalking; prohibit certain communications (Judy-3rd) Hugley-133rd
HB 182 Juvenile courts; creation; amend provisions (Substitute) (Judy-3rd) Martin-47th HB 1465 Hunting; deer; increase bag limit (Nat R-20th) Lane-146th
HB 1430 City and county service delivery strategies; mediation (Substitute) (SLGO-G-10th) Royal-164th
HB 1450 Counties and municipalities and public schools; multiyear contracts (Substitute)(F&PU-40th) Royal-164th
HB 1300 Evidence; privileged medical information; raw research data (Substitute) (Judy-12th) Stokes-92nd

1354

JOURNAL OF THE SENATE

HB 1308 Equity in Sports Act; enact (Ed-40th) Ashe-46th
HB 1236 Sales tax; exempt certain fuels; poultry production (F&PU-50th) Hudgens-24th (ENGROSSED IN HOUSE)
HB 1246 State debt; certain contracts and local taxes; nonapplicability (Substitute) (F&PU-41st) Davis-132nd
HB 1583 Sales tax; exempt certain diabetic supplies and equipment (F&PU-45th) Kaye-37th (ENGROSSED IN HOUSE)
HB 543 Employees' Retirement; transfer certain contributions to Judicial Retirement System (Ret-51st) Shanahan-10th
HB 1565 Putnam County; homestead exemption; certain residents (F&PU-25th) Channell-111th
HB 1567 Putnam County; homestead exemption; certain residents (F&PU-25th) Channell-111th
HB 1447 Pharmacists; drug therapy modification; authorization (Substitute) (H&HS-47th) Martin-145th
HB 1349 Income tax overpayments; interest on refunds (F&PU-23rd) Jennings-63rd (ENGROSSED IN HOUSE)
HB 1422 Child Advocate Act; enact; child abuse records (Amendment) (H&HS-43rd) Sinkfield-57th
HB 1582 Sales tax; exempt dyed diesel fuel used by certain fishermen (F&PU-3rd) Scarlett-174th (ENGROSSED IN HOUSE)
HB 1508 Treasury and Fiscal Services, Office of; powers, investment standards (SLGO-G-10th) Royal-164th
HB 1531 Income tax credit; certain disaster assistance (F&PU-20th) Jenkins-110th (ENGROSSED IN HOUSE)
HB 1532 Income tax credit; certain driver education (F&PU-4th) Jenkins-110th (ENGROSSED IN HOUSE)
HB 764 Judicial Retirement; change of employment; continuation of membership (Ret-5th) Cummings-27th
HB 1417 Ad Valorem tax; exempt motor vehicles of Purple Heart recipients (V&CA-31st) Shanahan-10th (ENGROSSED IN HOUSE)
HB 908 Teachers Retirement; certain creditable service; military service interruption (Ret-55th) Stallings-100th
HB 919 Judicial Retirement; certain employees; membership (Ret-55th) Cummings-27th
HB 520 Department of Transportation enforcement officers; drug detection dogs; certain powers (Trans-52nd) West-101st
HB 1388 Indemnification; public school personnel; special plates; educators (Judy-3rd) Coleman-80th
HR 971 CA: Indemnification; public school personnel; special plates (Judy-3rd) Coleman-80th

Wednesday, March 15, 2000

1355

HR 1008 Howard T. Overby National Guard Armory; designate (V&CA-50th) Rogers-20th HB 1157 Probate courts; certain interest-bearing accounts; indigent defense (Judy-12th) Stuckey-67th HB 1562 Lake Sidney Lanier Watershed Governance Council; create (Nat R-48th) Unterman-84th HB 1594 Annuities; nonforfeiture provisions; cash surrender benefits (B&FI-24th) Harbin-113th HR 330 Joint Study Committee on Art Policies for Capitol and Governor's Mansion; create
(Amendment) (Rules-52nd) Purcell-47th HB 1257 Deposit account fraud; amend definitions (B&FI-8th) Borders-177th SR 644 Petroleum Industry Study Committee-create (Rules-31st)

Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
HB 814. By Representatives Orrock of the 56th, Hegstrom of the 66th and West of the 101st:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing of practitioners of acupuncture; and for other purposes.
Senate Sponsor: Senator James of the 35th.
The Senate Health and Human Services Committee offered the following substitute to HB 814:
A BILL
To be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for the licensing of persons to practice acupuncture and provide for powers of the Composite State Board of Medical Examiners with respect to such licensing; to provide for a short title, legislative findings, and definitions; to provide for an advisory committee and its composition, compensation, and duties; to provide for requirements for licensure; to provide for applications, licenses, and their renewal; to provide for inactive status; to provide for informed consent; to prohibit certain conduct and provide sanctions therefor; to prohibit certain practices and representations and provide for exceptions and penalties relating thereto; to amend Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractic, so as to authorize certain chiropractors to use acupuncture; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding a new Article 3 to read as follows:
"ARTICLE 3
43-34-60.
This article shall be known and may be cited as the 'Acupuncture Act of Georgia.'

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43-34-61.
The General Assembly finds and declares that the practice of acupuncture in Georgia affects the public health, safety, and welfare and that it is necessarily a proper subject of regulation and control.
43-34-62.
As used in this article, the term:
(1) 'Acupuncture' means a form of therapy developed from traditional and modern Oriental concepts for health care that employs Oriental medical techniques, treatment, and adjunctive therapies for the promotion, maintenance, and restoration of health and the prevention of disease.
(2) 'Auricular (ear) detoxification therapy' means the insertion of disposable acupuncture needles into the five auricular acupuncture points stipulated by the National Acupuncture Detoxification Association protocol for the sole purpose of treatment of chemical dependency.
(3) 'Board' means the Composite State Board of Medical Examiners created by Code Section 43-34-21.
(4) 'Practice of acupuncture' means the insertion of disposable acupuncture needles and the application of moxibustion to specific areas of the human body based upon Oriental medical principles as a therapeutic modality. Adjunctive therapies within the scope of acupuncture may include manual, mechanical, herbal, thermal, electrical, and electromagnetic treatment and the recommendation of dietary guidelines and exercise, but only if such treatments, recommendations, and exercises are based on concepts of traditional Oriental medicine and are directly related to acupuncture therapy.
43-34-63.
The board, in consultation with the advisory committee, shall have the power and responsibility to:
(1) Determine the qualifications and fitness of applicants for licensure and renewal of licensure;
(2) Adopt and revise rules consistent with the laws of this state that are necessary to conduct its business, carry out its duties, and administer this article;
(3) Examine for, approve, issue, deny, revoke, suspend, and renew the licenses of acupuncture applicants and licensed acupuncturists under this article and conduct hearings in connection with these actions;
(4) Conduct hearings on complaints concerning violations of this article and the rules adopted under this article and cause the prosecution and enjoinder of the violations;
(5) Establish application, examination, and licensure fees;
(6) Request and receive the assistance of state educational institutions or other state agencies and prepare information of consumer interest describing the regulatory functions of the board and the procedures by which consumer complaints are filed with and resolved by the board. The board shall make the information available to the public and appropriate state agencies; and
(7) Establish continuing education requirements.
43-34-64.
(a) Except as otherwise provided in subsection (b) of this Code section, each applicant for a license to practice acupuncture shall meet the following requirements:

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(1) Be at least 21 years of age;
(2) Submit a completed application required by the board;
(3) Submit any fees required by the board;
(4) Be certified in acupuncture by a national certification agency accredited by the National Organization of Competency Assurance and approved by the board;
(5) Have successfully completed a nationally recognized clean needle technique course approved by the board; and
(6) Have obtained professional liability insurance in the amount of at least $100,000.00/$300,000.00.
(b) An applicant for a license to practice acupuncture who does not meet the requirement of paragraph (4) of subsection (a) of this Code section but who does meet the requirements of paragraphs (1), (2), (3), (5), and (6) of subsection (a) of this Code section and who, in addition, meets the following requirements may also be eligible for a license to practice acupuncture:
(1) Have a minimum of 1,000 hours of training and experience in acupuncture and have lawfully registered a business in this state, with the expressed purpose of performing acupuncture, for at least three of the last five years; or have a minimum of 2,500 hours of training and experience in acupuncture and have lawfully registered a business in this state, with the expressed purpose of performing acupuncture, at least one of the last five years; and
(2) Successfully pass written and practical tests administered by a national certification agency accredited by the National Organization of Competency Assurance pursuant to a contract entered into by the appropriate state agency as provided by the board.
This subsection shall be automatically repealed on July 15, 2001.
(c) Before any person licensed to practice acupuncture under this article, who has less than one year of postgraduate clinical experience, may practice on his or her own, such person must engage in one year of active practice under the supervision of a licensed acupuncturist with a minimum of four years active licensed clinical practice. Such supervising acupuncturist may be licensed in Georgia or any other state or country with licensing requirements substantially equal to Georgia's licensing requirements and may accumulate the required four years of active licensed clinical practice in any combination of states so long as the licensing requirements of such other states or countries are substantially equal to Georgia's licensing requirements.
(d) Each applicant for a license to perform auricular (ear) detoxification therapy shall meet the following requirements:
(1) Be at least 21 years of age;
(2) Submit a completed application required by the board;
(3) Submit any fees required by the board;
(4) Have successfully completed a nationally recognized training program in auricular (ear) detoxification therapy for the treatment of chemical dependency as approved by the board; and
(5) Have successfully completed a nationally recognized clean needle technique course approved by the board.
(e) The practice of auricular (ear) detoxification therapy may take place in a city, county, state, federal, or private chemical dependency program approved by the board under the direct supervision of a licensed acupuncturist or a person authorized to practice acupuncture by the board who is also authorized to practice medicine under Article 2 of this chapter.

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43-34-65.
After evaluation of an application and other evidence submitted by an applicant, the board shall notify such applicant that the application and evidence submitted are satisfactory and accepted or unsatisfactory and rejected. If an application is rejected, the notice shall state the reasons for rejection.
43-34-66.
(a) Any document evidencing licensure issued by the board is the property of the board and must be surrendered on demand.
(b) Every person who holds a license issued by the board in accordance with this article and who is engaged in the active practice of acupuncture shall display the document evidencing licensure in an appropriate and public manner.
(c) Every person who holds a license issued by the board shall inform the board of any change of address.
43-34-67.
(a) A license issued under this article shall be renewed biennially if the person holding such license is not in violation of this article at the time of application for renewal and if the application fulfills current requirements of continuing education as established by the board.
(b) Each person licensed under this article is responsible for renewing his or her license before the expiration date.
(c) Under procedures and conditions established by the board, a license holder may request that his or her license be declared inactive. The licensee may apply for active status at any time and, upon meeting the conditions set by the board, shall be declared active.
43-34-68.
(a) Any person who undergoes acupuncture must consent to such procedure and shall be informed in general terms of the following:
(1) That the practice of acupuncture is based upon the Oriental arts and is completely distinct and different from traditional western medicine;
(2) That the acupuncturist cannot practice medicine, is not making a medical diagnosis of the person's disease or condition, and that such person should see a physician if he or she wants to obtain a medical diagnosis; and
(3) The nature and the purpose of the acupuncture treatment.
(b) The board shall develop a standard informed consent form to be used by persons licensed under this article. Such informed consent form shall include the information set forth in subsection (a) of this Code section as well as any other and additional information the board deems appropriate. The information set forth in the informed consent form shall be in language which is easy to read and readily understandable to the consuming public.
43-34-69.
The board, in consultation with the advisory committee, may impose any sanction authorized under subsection (d) of Code Section 43-1-19 upon a finding of any conduct specified in subsection (a) of Code Section 43-1-19 or a finding that such conduct involved dividing or agreeing to divide a fee for acupuncture services with any person who refers a patient, notwithstanding that such board is not a state examining board.
43-34-70.

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1359

The board shall appoint an acupuncture advisory committee. The advisory committee shall be representative of a cross section of the cultural backgrounds of the members of the acupuncture profession licensed to practice acupuncture under this article, persons licensed to practice medicine under Article 2 of this chapter who are acupuncturists, and such members as the board in its discretion may determine. Members shall receive no compensation for service on the committee. The committee shall have such advisory duties and responsibilities as the board may determine. The charter acupuncture advisory committee may include persons eligible for licensing under this article. Subsequent acupuncture advisory committee members must be licensed pursuant to this article.
43-34-71.
(a) Unless licensed under this article or exempted under subsection (b) of this Code section, no person shall:
(1) Practice acupuncture or auricular (ear) detoxification therapy; or
(2) Represent himself or herself to be an acupuncturist or auricular (ear) detoxification specialist who is licensed under this article.
(b) The prohibition in subsection (a) of this Code section does not apply to:
(1) Any person licensed to practice medicine under Article 2 of this chapter;
(2) The practice of acupuncture which is an integral part of the program of study by students enrolled in an acupuncture education program under the direct clinical supervision of a licensed acupuncturist with at least five years of clinical experience; or
(3) The practice of acupuncture by any person licensed or certified to perform acupuncture in any other jurisdiction where such person is doing so in the course of regular instruction in an approved educational program of acupuncture or in an educational seminar of an approved professional organization of acupuncture, provided that in the latter case the practice is supervised directly by a person licensed to practice acupuncture pursuant to this article or an acupuncturist who is licensed to practice medicine under Article 2 of this chapter.
(c) Any person violating subsection (a) of this Code section or Code Section 43-34-73 shall, upon conviction thereof, be guilty of a misdemeanor.
43-34-72.
(a) The titles 'Licensed Acupuncturist' (L. Ac.) and 'Acupuncturist' may only be used by persons licensed under this article.
(b) The title 'Auricular Detoxification Specialist' (ADS) may only be used by persons licensed to practice auricular (ear) detoxification therapy under this article. Possession of a license as an ADS does not by itself entitle a person to identify himself or herself as an acupuncturist. An auricular (ear) detoxification specialist is strictly limited to five ear points' treatment for detoxification for substance abuse, chemical dependency, or both.
(c) No person licensed under this article may advertise or hold himself or herself out to the public as being authorized to practice medicine under Article 2 of this chapter."
SECTION 1.1.
Code Section 43-9-16 of the Official Code of Georgia Annotated, relating to the scope of practice of chiropractic, is amended by striking subsection (f) thereof and inserting in its place the following:
"(f) Chiropractors shall not use venipuncture, capillary puncture, acupuncture, or any other technique which is invasive of the human body either by penetrating the skin or through any of the orifices of the body or through the use of colonics. Nothing in this subsection shall be construed to prohibit a chiropractor who is licensed to perform acupuncture under Article 3 of Chapter 34 of this title from engaging in the practice of acupuncture."

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SECTION 2.

This Act shall become effective on July 31, 2000.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed. Senator James of the 35th offered the following amendment:

Amend the Senate Health and Human Services Committee substitute to HB 814 by striking the word "lawfully" on lines 2 and 6 on page 4.

On the adoption of the amendment, the yeas were 29, nays 2, and the amendment was adopted.

On the adoption of the substitute, the yeas were 29, nays 1, and the substitute was adopted as amended.

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

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

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

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

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

On the passage of the bill, the yeas were 41, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute. HB 1404. By Representatives Sauder of the 29th, Hanner of the 159th, Walker of the 141st and others:

A bill to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of counties and municipal corporations generally, so as to authorize each county and municipal corporation to enter into leases and contracts with private entities for the operation and maintenance of its waste-water treatment system, storm-water system, water system, or sewer system, which leases or contracts may include provisions for the design, construction, repair, reconditioning, replacement, maintenance, and operation of the system, or any combination of such services and functions; to provide for the acceptance of competitive sealed proposals for such leases and contracts; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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Senate Sponsor: Senator Thomas of the 10th.

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

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

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

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

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

On the passage of the bill, the yeas were 42, nays 0.

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

Senator Smith of the 25th introduced the Morgan County Mat Dogs, commended by SR 595, adopted previously.

Senator Kemp of the 3rd introduced Dr. Horace Deal, commended by SR 417, adopted previously.

The Calendar was resumed.

HB 1425. By Representatives Cummings of the 27th, Murphy of the 18th and Richardson of the 26th:

A bill to be entitled an Act to provide for an additional judge of the superior court of the Tallapoosa Judicial Circuit; to provide for the initial appointment and subsequent election of such judge and of such judge's successors; to provide for terms and qualifications; to prescribe the powers of said judge; to prescribe the compensation and allowances of said judge; to authorize employment of an additional court reporter; to provide for construction of this Act; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each of the judicial circuits, so as to provide for an additional judge of the superior court of the Tallapoosa Judicial Circuit; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Kemp of the 3rd.

The Senate Judiciary Committee offered the following substitute to HB 1425:

A BILL

To be entitled an Act to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, so as to provide for additional judges of the Atlanta Judicial Circuit, the Bell-Forsyth Judicial

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Circuit, the Chattahoochee Judicial Circuit, the Cobb Judicial Circuit, the Tallapoosa Judicial Circuit, and the Towaliga Judicial Circuit; to provide for the initial appointment of the new judges and subsequent election of successors to the new judges; to provide for terms of office and powers, duties, dignity, jurisdiction, privileges, and immunities; to provide for senior judges and chief judges and their powers and duties; to provide for employment of personnel; to provide for construction; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I

SECTION 1.

Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, is amended in Code Section 15-6-2, relating to the number of judges, by striking in their entirety paragraphs (3), (5.1), (8), (11), (38), and (40.1) and inserting in their place the following:

"(3) Atlanta Circuit

17 18 "

"(5.1) Bell-Forsyth Circuit

1 2"

"(8) Chattahoochee Circuit

5 6"

"(11) Cobb Circuit

8 9"

"(38) Tallapoosa Circuit

3 4"

"(40.1) Towaliga Circuit

1 2"

PART II

SECTION 2.

One new judge of the superior court is added to the Atlanta Circuit, increasing to 18 the number of judges of such circuit.

SECTION 3.

The initial new judge appointed pursuant to this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in the manner provided by law for the election of judges in the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general elections every four years thereafter for terms of four years and until their successors are elected and qualified and shall take office of the first day of January following their election.

SECTION 4.

The new judge initially appointed and subsequently elected pursuant to this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior court. The new judge is authorized to employ court personnel on the same basis as other judges of the Atlanta Judicial Circuit.

SECTION 5.

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Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Atlanta Judicial Circuit. Nothing in 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 6.
The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Atlanta Judicial Circuit. Any salary supplements heretofore enacted by the county of said circuit shall also be applicable to the additional judge provided for in this Act.
PART III
SECTION 7.
One new judge of the superior court is added to the Bell-Forsyth Judicial Circuit, increasing to two the number of judges of such circuit.
SECTION 8.
The initial new judge appointed pursuant to this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in the manner provided by law for the election of judges in the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general elections every four years thereafter for terms of four years and until their successors are elected and qualified and shall take office of the first day of January following their election.
SECTION 9.
The new judge initially appointed and subsequently elected pursuant to this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior court. The new judge is authorized to employ court personnel on the same basis as other judges of the Bell-Forsyth Judicial Circuit.
SECTION 10.
Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Bell-Forsyth Judicial Circuit. Nothing in 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.
PART IV
SECTION 11.
A new judge of the superior court is added to the Chattahoochee Judicial Circuit, thereby increasing to six the number of judges of said circuit.
SECTION 12.
The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.

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SECTION 13.
Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 14.
The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Chattahoochee Judicial Circuit. Any salary supplements paid by the county of said circuit shall also be applicable to the additional judge provided for in this Act.
SECTION 15.
The judges of said circuit are authorized to adopt, promulgate, amend, and enforce such rules of practice and procedure as are consistent with the Constitution and laws of this state as they deem suitable and proper for the effective transaction of the business of the superior courts of said circuit.
SECTION 16.
The judges of said circuit in transacting the business of the superior courts of said circuit and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each of them. In the event of disagreement between said judges in respect to the aforesaid, he decision of the senior judge in point of continuous service as superior court judge shall be controlling. In the event that none of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar of Georgia shall be considered the senior judge.
SECTION 17.
The judge of said circuit who is senior in point of continuous service as superior court judge shall be the chief judge of said circuit. In the event that none of said judges shall be senior in point of continuous service as superior court judge, the judge who was first admitted to the State Bar of Georgia shall be chief judge.
PART V
SECTION 18.
A new judge of the superior court is added to the Cobb Judicial Circuit, thereby increasing to nine the number of judges of said circuit.
SECTION 19.
The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
SECTION 20.

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Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 21.
The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Cobb Judicial Circuit. Any salary supplements paid by the county of said circuit shall also be applicable to the additional judge provided for in this Act.
SECTION 22.
Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to the Cobb Judicial Circuit.
PART VI
SECTION 23.
A new judge of the superior court is added to the Tallapoosa Judicial Circuit, thereby increasing to four the number of judges of said circuit.
SECTION 24.
The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.
SECTION 25.
Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof.
SECTION 26.
The qualifications of the additional judge authorized by this Act, and of the successors to such additional judge, shall be as provided by law for judges of the superior courts.
SECTION 27.
The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Tallapoosa Judicial Circuit. Any salary supplements paid by the counties of said circuit shall also be applicable to the additional judge provided for in this Act. The judges of said circuit are authorized to employ an additional court reporter for the circuit, whose compensation shall be as now or hereafter provided by law.
SECTION 28.
This Act shall not be construed to repeal or supersede current provisions of law applicable to the Tallapoosa Judicial Circuit not inconsistent with this Act.

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PART VII

SECTION 29.

A new judge of the superior court is added to the Towaliga Judicial Circuit, thereby increasing to two the number of judges of said circuit.

SECTION 30.

The initial judge appointed as provided by this Act shall be appointed by the Governor for a term beginning July 1, 2000, and expiring December 31, 2002, and until a successor is elected and qualified. A successor to the initial judge shall be elected in a manner provided by law for the election of judges of the superior courts of this state at the general election in November, 2002, for a term of four years beginning on January 1, 2003, and until the election and qualification of a successor. Future successors shall be elected at the general election each four years thereafter for terms of four years and until the election and qualification of a successor. They shall take office on the first day of January following the date of the election. Such elections shall be held and conducted in a manner provided by law for the election of judges of the superior courts of this state.

SECTION 31.

Said additional judge shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the superior court of said circuit may preside over any case therein and perform any official act as judge thereof.

SECTION 32.

The compensation, salary, and contingent expense allowance of said additional judge shall be the same as that of the other judges of the superior court of the Towaliga Judicial Circuit. Any salary supplements paid by the county of said circuit shall also be applicable to the additional judge provided for in this Act.

PART VIII

SECTION 33.

(a) Notwithstanding the provisions of Code Section 1-3-4.1, the provisions of this Act relating to appointment of the additional judges shall become effective upon the signature of the Governor or upon becoming law without such signature.

(b) Notwithstanding the provisions of Code Section 1-3-4.1, all other provisions of this Act shall become effective July 1, 2000.

SECTION 34.

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

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun

Y Hamrick Y Harbison Y Hecht Y Hill

Y Price,R Y Price,T
Ragan Y Ray

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

Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

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

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

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

HB 567. By Representatives Skipper of the 137th, Buck of the 135th, Jamieson of the 22nd and others:

A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to housing authorities; to provide for an exemption for certain sales to or by nonprofit organizations having as their primary purpose the raising of funds for books, materials, and programs for public libraries; to provide for an exemption with respect to the sale or use of wheelchairs and certain related equipment; and for other purposes.

Senate Sponsor: Senator Starr of the 44th.

The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 17, 1999
The Honorable Jimmy Skipper State Representative State Capitol, Suite 415 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 567 (LC 18 9484)
Dear Representative Skipper:
This Bill would exempt from the sales and use tax all taxable purchases by housing authorities and by non-profit organizations whose primary purpose is to raise funds for books, materials, and programs for public libraries. In addition, the Bill would exempt sales of wheelchairs to permanently disabled persons and sales of natural gas used directly in the production of electricity which is subsequently sold. These exemptions would apply to the sales and use taxes of both the State and local governments except for the exemption of natural gas sales. It would apply to the State tax only. The exemptions would become effective on July 1, 1999.

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No data is available to permit the level of taxable purchases by housing authorities or library-support organizations to be determined. Accordingly, estimates of their purchases would have to depend on sample surveys or on analytical models of the behavior of these differently-directed entities. Data is available to make estimates of purchases of natural gas. Projections of usage of gas in generating electricity for sale have been built upon patterns of energy consumption by electrical utilities in Georgia since 1975 and upon trends in gas prices (and the considerable variation therein) since 1990. For purchases of wheelchairs, an analytical model has connected annual sales to the numbers of disabled, stocks of wheelchairs in use, wheelchair depreciation, and prices. The functional ties have been defined for U.S. data and then applied to Georgia on the basis of projections of the numbers of permanently disabled in the state.
The fiscal impacts of the exemption for housing authorities and non-profit library support organizations have not been determined. The time and research resources required to assess these impacts have not been available. As a result of the exemption of wheelchair sales, the State's collections from sales and use taxes in Fiscal Year 2000 could be expected to be reduced by roughly $0.7 million and those of local governments by about $0.3 million. For the exemption of sales of natural gas for producing electricity, sales taxes collected by the State would be reduced by approximately $2 million in Fiscal Year 2000. Local revenues would not be affected.
Sincerely,
/s/ Claude L. Vickers State Auditor
/s/ Tim Burgess, Director Office of Planning and Budget

Senator Lee of the 29th offered the following amendment:

Amend HB 567 by striking 1999 and changing effective date to July 1, 2000.

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

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

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

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

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

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

Wednesday, March 15, 2000

1369

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

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

Senator Tanksley of the 32nd moved that Senator Thompson of the 33rd be excused. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Thompson was excused.

The Calendar was resumed.

HB 1574. By Representative Bordeaux of the 151st:
A bill to be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to courts, so as to revise and clarify provisions relating to compensation and expenses for certain senior judges, certain retired judges, and certain judges emeritus; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hecht of the 34th.

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

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

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

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

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

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

The bill, having received the requisite constitutional majority, was passed. The following communication from His Excellency, Governor Roy Barnes, was received by the Secretary:

STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334-0900 MARCH 15, 2000

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The Honorable Mark Taylor Lieutenant Governor and President of the Senate and Members of the Senate Senate Chamber Atlanta, Georgia 30334
Dear Lieutenant Governor Taylor and Members of the Senate:
I submit to you, as provided by law, the following appointments for confirmation:
The Honorable Walter R. Huntley, Jr., of Fulton County, as a member of the Board of Community Affairs for the term of office beginning September 29, 1999, and ending July 1, 2000.
The Honorable Jule W. Felton, Jr., of Fulton County, and the Honorable Napoleon Fielder of Floyd County as members of the Board of Community Affairs for the term of office beginning September 29, 1999, and ending July 1, 2002.
The Honorable Robert C. Sosebee, Sr. of Jackson County, as a member of the Board of Community Affairs for the term of office beginning September 29, 1999, and ending July 1, 2003.
The Honorable Emma R. Gresham of Burke County, the Honorable Richard G. Lane of Coweta County, and the Honorable Dr. D. T. Walton Jr., of Bibb County as members of the Board of Community Affairs for the term of office beginning September 29, 1999, and ending July 1, 2004.
The Honorable Dr. Gary C. Edelman of DeKalb County, the Honorable Dr. Stephanie Kong of Fulton County, and the Honorable Geri P. Thomas of Fulton County as members of the Board of Community Health for the term of office beginning July 9, 1999, and ending July 1, 2000.
The Honorable Carol Fullerton of Dougherty County, the Honorable Damon D. King of Bibb County, and the Honorable Dr. Francis P. Rossiter, Jr., of Chatham County as members of the Board of Community Health for the term of office beginning July 9, 1999, and ending July 1, 2001.
The Honorable Joyce R. Blevins of McDuffie County, the Honorable Lloyd E. Eckberg of Thomas County, and the Honorable Richard L. Holmes of Fulton County as members of the Board of Community Health for the term of office beginning July 9, 1999, and ending July 1, 2002.
The Honorable H. Cullen Talton, Jr., of Houston County, as a member of the Board of Corrections for the term of office beginning October 7, 1999, and ending July 1, 2000.
The Honorable John H. Irby of Fulton County, as a member of the Board of Corrections for the term of office beginning October 7, 1999, and ending July 1, 2001.
The Honorable Robert L. Brown, Jr., of DeKalb County, and the Honorable Bennie Butler-Newroth of Muscogee County as members of the Board of Corrections for the term of office beginning October 7, 1999, and ending July 1, 2003.
The Honorable Kenneth T. Kennedy of Tattnall County, and the Honorable J. Tyson Stephens of Emanuel County as members of the Board of Corrections for the term of office beginning October 7, 1999, and ending July 1, 2004.
The Honorable Debra Adams-Harden of Gwinnett County, as a member of the Board of Cosmetology for the term of office beginning July 14, 1999, and ending May 1, 2000.

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1371

The Honorable Charles W. McDougald of Taylor County, as a member of the Board of Cosmetology for the term of office beginning July 14, 1999, and ending July 1, 2000.
The Honorable Pauline B. Cornelius of Bibb County, and the Honorable Ollie Pendley of Douglas County as members of the Board of Cosmetology for the term of office beginning July 14, 1999, and ending May 1, 2001.
The Honorable Deneen M. Pitts of Clayton County, as a member of the Board of Cosmetology for the term of office beginning July 14, 1999, and ending August 9, 2001.
The Honorable Frankie Reeves Luna of Hall County, as a member of the Board of Cosmetology for the term of office beginning July 14, 1999, and ending May 1, 2002.
The Honorable Regina Rainwater of Floyd County, as a member of the Board of Cosmetology for the term of office beginning February 24, 2000, and ending August 9, 2001.
The Honorable Dr. William W. Broadfoot, Jr., of Lowndes County, as a member of the Georgia Board of Dentistry for the term of office beginning January 7, 2000, and ending March 15, 2004.
The Honorable Peggy S. Nielson of Dougherty County, as a member of the State Board of Education for the term of office beginning June 9, 1999, and ending January 1, 2002.
The Honorable Dr. Gloria Bromell-Tinubu of Fulton County, the Honorable Otis A. Brumby, Jr., of Cobb County, and the Honorable Catherine C. Henson of Cobb County as members of the State Board of Education for the term of office beginning June 9, 1999, and ending January 1, 2004.
The Honorable H. Bruce Jackson of DeKalb County, the Honorable David K. Smith of Gordon County, the Honorable J. T. Williams of Henry County, and the Honorable Dr. Roscoe Williams of Richmond County as members of the State Board of Education for the term of office beginning June 9, 1999, and ending January 1, 2006.
The Honorable Carol S. Williams of Clarke County, as a member of the State Board of Education for the term of office beginning March 8, 2000, and ending January 1, 2007.
The Honorable Barbara A. Ward of Fulton County, as a member of the Board of Trustees of the Employees Retirement System of Georgia for the term of office beginning February 17, 2000, and ending June 30, 2003.
The Honorable Paul S. Simon of Richmond County, as a member of the Georgia Golf Hall of Fame Board for the term of office beginning July 7, 1999, and ending November 1, 2004.
The Honorable Catherine P. Slade of Columbia County, as a member of the Health Strategies Council for the term of office beginning February 18, 2000, and ending July 1, 2003.
The Honorable Judy Marx of Fulton County, as a member of the Georgia Commission on the Holocaust for the term of office beginning June 7, 1999, and ending July 1, 2003.
The Honorable Isaac Goodfriend of Fulton County, as a member of the Georgia Commission on the Holocaust for the term of office beginning July 1, 1998, and ending July 1, 2003.
The Honorable James F. Fleming, Jr. of Gwinnett County, as a member of the Board of Human Resources for the term of office beginning November 16, 1999, and ending April 6, 2004.
The Honorable Dr. Atul Khurana of Bibb County, as a member of the Board of Human Resources for the term of office beginning November 16, 1999, and ending April 6, 2002.

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The Honorable James H. Blanchard of Muscogee County, the Honorable Robert P. Kirby of Richmond County, the Honorable David L. Kolb of Fulton County, and the Honorable Dr. Walter F. Young of Fulton County as members of the Board of Industry, Trade and Tourism for the term of office beginning July 1, 1999, and ending July 1, 2000.
The Honorable T. Chris Cannon of Dougherty County, the Honorable Gary A. Mastro of Fulton County, the Honorable Howard J. Morrison, Jr., of Chatham County, and the Honorable Carl E. Swearingen of Fulton County as members of the Board of Industry, Trade and Tourism for the term of office beginning July 1, 1999, and ending July 1, 2001.
The Honorable Elizabeth W. Camp of Fulton County, the Honorable H. Allen Franklin of Fulton County, the Honorable Maynard H. Jackson of Fulton County, and the Honorable Raghbir K. Sehgal of Fulton County as members of the Board of Industry, Trade and Tourism for the term of office beginning July 1, 1999, and ending July 1, 2002.
The Honorable Toni Brown of DeKalb County, the Honorable John P. Crecine of Hall County, the Honorable Salvador Diaz-Verson, Jr., of Muscogee County, and the Honorable David J. Lance of Gordon County as members of the Board of Industry, Trade and Tourism for the term of office beginning July 1, 1999, and ending July 1, 2003.
The Honorable Charles M. Brewer of Fulton County, the Honorable Pin Pin Chau of Forsyth County, the Honorable J. Carl Jones, Jr., of Pierce County, and the Honorable Richard M. Stormont of DeKalb County as members of the Board of Industry, Trade and Tourism for the term of office beginning July 1, 1999, and ending July 1, 2004.
The Honorable Reverend Gregory A. Sutton of Cobb County, as a member of the Board of Juvenile Justice for the term of office beginning October 28, 1999, and ending July 6, 2000.
The Honorable Anita P. Middleton of Lumpkin County, as a member of the Board of Juvenile Justice for the term of office beginning October 28, 1999, and ending July 6, 2001.
The Honorable Dr. Veronica J. Duncan of Clarke County, as a member of the Board of Juvenile Justice for the term of office beginning October 28, 1999, and ending July 6, 2003.
The Honorable Major General Peter J. Boylan (Retired) of Baldwin County, the Honorable Mary Linda Duncan of Gwinnett County, and the Honorable David C. Evans of White County as members of the Board of Juvenile Justice for the term of office beginning October 28, 1999, and ending July 6, 2004.
The Honorable Dr. Timothy J. Palmer of Emanuel County, and the Honorable Dr. Otis J. Williams, Jr., of Dodge County as members of the State Medical Education Board for the term of office beginning October 7, 1999, and ending April 1, 2003.
The Honorable Dr. Eddie R. Cheeks of Richmond County, the Honorable Dr. Roger E. Hill of Cobb County, and the Honorable Dr. Philip G. Wiltz, Jr., of Fulton County as members of the Composite State Board of Medical Examiners for the term of office beginning August 3, 1999, and ending July 1, 2000.
The Honorable Dr. Carl O. Bedingfield of Laurens County, the Honorable Rhonda Y. Kunes of Tift County, the Honorable Dr. Lynette D. Stewart of Fulton County, and the Honorable Dr. Linda I. Walden of Grady County as members of the Composite State Board of Medical Examiners for the term of office beginning August 3, 1999, and ending July 1, 2001.
The Honorable Dr. William H. Cleveland of Fulton County, the Honorable Dr. Grace V. Davis of Worth County, the Honorable Dr. Irving T. Staley of Cobb County, the Honorable Dr. Elizabeth Tappan of Muscogee County, and the Honorable Dr. William Alan Woolery of Houston County as members of the Composite State Board of Medical Examiners for the term of office beginning August 3, 1999, and ending July 1, 2002.

Wednesday, March 15, 2000

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The Honorable Dr. Roland S. Summers of Chatham County, as a member of the Composite State Board of Medical Examiners for the term of office beginning September 1, 1999, and ending July 1, 2000.
The Honorable Pierre Howard of Fulton County, as a member of the Board of Natural Resources for the term of office beginning August 24, 1999, and ending March 16, 2002.
The Honorable Robert J. Rutland of Newton County, and the Honorable Loyce W. Turner of Lowndes County as members of the Board of Natural Resources for the term of office beginning August 24, 1999, and ending January 1, 2006.
The Honorable Sally S. Bethea of Fulton County, as a member of the Board of Natural Resources for the term of office beginning August 24, 1999, and ending March 16, 2006.
The Honorable Dr. Eugene P. Walker of Fulton County, as a member of the State Board of Pardons and Paroles for the term of office beginning December 31, 1999, and ending December 31, 2006.
The Honorable Kent M. Plowman, Jr., of Columbia County, as a member of the State Personnel Board for the term of office beginning October 18, 1999, and ending January 3, 2001.
The Honorable Geri P. Thomas of Fulton County, as a member of the State Personnel Board for the term of office beginning February 16, 2000, and ending January 3, 2004.
The Honorable Marjorie H. Young of Fulton County, as Commissioner of Personnel Administration for the term of office beginning June 15, 1999, and serving at the pleasure of the Governor.
The Honorable Michael L. McGee of Baldwin County, as a member of the State Board of Pharmacy for the term of office beginning January 19, 2000, and ending November 1, 2002.
The Honorable Roger T. Lane of Hall County, as a member of the State Board of Pharmacy for the term of office beginning January 19, 2000, and ending July 6, 2003.
The Honorable John T. Sherrer of Cobb County as a member of the State Board of Pharmacy for the term of office beginning January 19, 2000, and ending November 1, 2003.
The Honorable Charles W. Palmer of Fulton County, as a member of the State Board of Pharmacy for the term of office beginning January 19, 2000, and ending November 1, 2004.
The Honorable D. Wayne Martin of Crisp County, as a member of the Georgia Board for Physician Workforce for the term of office beginning August 20, 1999, and ending October 6, 2000.
The Honorable Carolyn Cribbs of Gwinnett County, and the Honorable Dr. John W. Culbreath of Dougherty County as members of the Professional Standards Commission for the term of office beginning August 3, 1999, and ending July 1, 2002.
The Honorable Dr. Surishtha G. Sehgal of Fulton County, and the Honorable Pamela F. Thomas of Gwinnett County as members of the Professional Standards Commission for the term of office beginning August 23, 1999, and ending July 1, 2000.
The Honorable Dr. Oliver Leon Hurley of Fulton County, the Honorable Vernon Payne of Clarke County, and the Honorable David Wallace of Lumpkin County as members of the Professional Standards Commission for the term of office beginning August 23, 1999, and ending July 1, 2002.

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The Honorable Jacquelyn H. Barrett of Fulton County, the Honorable Gregory T. Coursey of Burke County, and the Honorable Lydia Jackson Sartain of Hall County as members of the Board of Public Safety for the term of office beginning June 18, 1999, and ending January 20, 2002.
The Honorable David L. Burgess of DeKalb County, as Commissioner of the Georgia Public Service Commission for the term of office beginning April 8, 1999, and serving in accordance with O.C.G.A. 46-2-4.
The Honorable U. Bertram Ellis, Jr., of Fulton County, and the Honorable T. Rogers Wade of Fulton County as members of the Georgia Public Telecommunications Commission for the term of office beginning June 2, 1999, and ending June 30, 2000.
The Honorable Richard W. Harrell of Fulton County, and the Honorable Linda J. Jordan of Fulton County as members of the Georgia Public Telecommunications Commission for the term of office beginning June 2, 1999, and ending June 30, 2001.
The Honorable D. Kimbrough King of Cobb County, as a member of the Georgia Public Telecommunications Commission for the term of office beginning May 26, 1999, and ending June 30, 2002.
The Honorable Kay G. Olin of Fulton County, as a member of the Georgia Public Telecommunications Commission for the term of office beginning June 2, 1999, and ending June 30, 2002.
The Honorable Charles S. Wood of Glynn County, as a member of the Georgia Real Estate Appraisers Board for the term of office beginning December 6, 1999, and ending July 1, 2004.
The Honorable Jerry D. Warshaw of Fulton County, as a member of the Georgia Real Estate Commission for the term of office beginning December 6, 1999, and ending January 26, 2004.
The Honorable Michael F. Adams of Clarke County, as a member of the Board of Control for Southern Regional Education for the term of office beginning September 28, 1999, and ending June 30, 2003.
The Honorable Christopher D. Mangum of Fulton County, the Honorable John O'Shea Sullivan of Fulton County, and the Honorable Dorothy J. Williams of DeKalb County as members of the Board of Directors of the Center for Trade and Technology Transfer for the term of office beginning August 12, 1999, and ending July 1, 2001.
The Honorable Dr. Gloria Hardiman of Fayette County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia for the term of office beginning July 27, 1999, and ending June 30, 2000.
The Honorable Dr. Robert Puckett of Floyd County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia for the term of office beginning July 27, 1999, and ending June 30, 2001.
The Honorable Carolyn Baldwin of Fulton County, and the Honorable Marjorie McLendon of Spalding County as members of the Board of Trustees of the Teachers Retirement System of Georgia for the term of office beginning July 27, 1999, and ending June 30, 2002.
The Honorable Bobby Jean Moore of Gwinnett County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia for the term of office beginning July 27, 1999, and ending April 1, 2000.
The Honorable Joia M. Johnson of Fulton County, as a member of the State Board of Technical and Adult Education for the term of office beginning February 2, 2000, and ending June 30, 2000.
The Honorable James C. Harrington of Forsyth County, the Honorable Donald M. Pope of Bibb County, the Honorable Edgar L. Rhodes of Haralson County, and the Honorable Ben J. Tarbutton, Jr., of Washington County as members of the State Board of Technical and Adult Education for the term of office beginning February 2, 2000, and ending June 30, 2002.

Wednesday, March 15, 2000

1375

The Honorable Gwendolyn P. Goodman of Chatham County, the Honorable William S. Harris of Sumter County, the Honorable James W. Lord, Jr., of Barrow County, the Honorable John D. Pezold of Muscogee County, the Honorable Daniel B. Rather of Morgan County, and the Honorable Harold R. Reynolds of Greene County as members of the State Board of Technical and Adult Education for the term of office beginning February 2, 2000, and ending June 30, 2003.
The Honorable Walter M. Deriso, Jr., of Dougherty County, the Honorable Shirley C. Franklin of Fulton County, the Honorable Martin Luther King, III of Fulton County, the Honorable John A. Sibley, III of Fulton County, the Honorable Helen P. Tapp of Fulton County, the Honorable Ken F. Thigpen of Paulding County, the Honorable Michael W. Tyler of Fulton County, and the Honorable John A. Williams of Fulton County as members of the Board of Directors of the Georgia Regional Transportation Authority for the term of office beginning June 1, 1999, and ending June 1, 2002.
The Honorable Joel H. Cowan of Fayette County, the Honorable Sharon A. Gay of Fulton County, the Honorable Thomas M. Phillips of Cobb County, the Honorable M. Shailendra of Clayton County, the Honorable James E. Stephenson of Fulton County, and the Honorable Richard L. Tucker of Gwinnett County as members of the Board of Directors of the Georgia Regional Transportation Authority for the term of office beginning June 1, 1999, and ending June 1, 2004.
The Honorable Eric R. Hovdesven of DeKalb County, as a member of the Board of Directors of the Georgia Regional Transportation Authority for the term of office beginning July 12, 1999, and ending June 1, 2004.
The Honorable D. Lamar DeLoach of Candler County, the Honorable J. Wayne Dollar of Thomas County, and the Honorable Elizabeth T. Moore of Berrien County as members of the Georgia Tobacco Community Development Board for the term of office beginning August 26, 1999, and ending August 26, 2001.
The Honorable Frank R. Pidcock, IV of Colquitt County, the Honorable Donnie Smith of Atkinson County, and the Honorable Pearlie Toliver of Bibb County as members of the Georgia Tobacco Community Development Board for the term of office beginning August 26, 1999, and ending August 26, 2002.
The Honorable Carolyn C. Hall of DeKalb County, as a member and as chairperson of the State Board of Workers' Compensation for the term of office beginning September 7, 1999, and ending May 1, 2001.
The Honorable Howard H. Atkins of Fulton County, the Honorable Kenneth H. Breeden of Fulton County, the Honorable C. Thomas Burbage of Fulton County, the Honorable Tracy D. Campbell of Fulton County, the Honorable Randolph B. Cardoza of Rockdale County, the Honorable Jane F. Cline of Ware County, the Honorable Dean Dryden of Fulton County, the Honorable Doc Eldridge of Clarke County, the Honorable Glenn E. Farner, Jr., of Forsyth County, the Honorable W. Roy Fletcher of Toombs County, the Honorable Ed Graham of Clarke County, the Honorable James H. Green of Dodge County, the Honorable W. Dayton Hedges of Fayette County, the Honorable Jim E. Higdon of Fulton County, the Honorable Audrey Horne of Fulton County, the Honorable Raoul M. Ilaw of Cobb County, the Honorable Mitchell Inman II of Ware County, the Honorable Dr. Lester Jackson of Chatham County, the Honorable Michael Johnson of Muscogee County, the Honorable Gary J. Laden of Fayette County, the Honorable Charles G. Larke of Richmond County, the Honorable Liane R. Levetan of Fulton County, the Honorable Robert S. Marlow of Fulton County, the Honorable Annie T. Matthews of Fulton County, the Honorable Albert L. McGee of Crawford County, the Honorable Glenn Newsome of Fulton County, the Honorable Richard L. Oliver of Barrow County, the Honorable Richard N. Orenstein of Fulton County, the Honorable Dr. Anthony O. Parker of Dougherty County, the Honorable Lonnie F. Plott of Gwinnett County, the Honorable Dr. Stephen R. Portch of Fulton County, the Honorable Marion L. Ray of Clayton County, the Honorable Richard A. Ray of Clayton County, the Honorable A. Richard Royal of Fulton County, the Honorable Linda Schrenko of Fulton County, the Honorable Wayne Shackelford of Fulton County, the Honorable Faye Smith of Baldwin County, the Honorable Ola A. Smith of Ware County, the Honorable James K. Stiff of Bibb County, the Honorable Wilbur L. Streat of Coffee County, the Honorable Horacena Tate of Fulton County, the Honorable Pamela Teague of Cobb County, the Honorable James A. Thompson of Toombs County, the Honorable Michael L. Thurmond of Clarke

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County, the Honorable Aaron M. Turpeau of Fulton County, the Honorable Cathleen J. Vaughn of Muscogee County, the Honorable Charles W. Walker, Jr., of Richmond County, the Honorable Deirdre B. Wallace of Fulton County, the Honorable Melinda L. Wallin of Catoosa County, the Honorable William J. Wetherington of Muscogee County, and the Honorable Grace M. Williams of Gwinnett County as members of the Workforce Investment Board for the term of office beginning December 15, 1999, and serving at the pleasure of the Governor.
The Honorable Floyd Adams, Jr. of Chatham County, the Honorable Andrew J. Freeman of Cherokee County, the Honorable Leonard S. Golden of Fulton County, the Honorable James O. Hardegree of Oconee County, the Honorable Larry Phillips of Columbia County, and the Honorable Charmaine Ward of Fulton County, as members of the Workforce Investment Board for the term of office beginning February 11, 2000, and serving at the pleasure of the Governor.
The Honorable R. Elliott Caudell of Stephens County, the Honorable Lewis J. Cooper of Barrow County, the Honorable David G. Kahn of Chatham County, and the Honorable Yolanda M. Walker of Richmond County as members of the Board of Governors of the Geo. L. Smith II Georgia World Congress Center Authority for the term of office beginning October 26, 1999, and ending July 1, 2002.
The Honorable Rubye M. Lucas of Fulton County, and the Honorable Robert S. Prather, Jr., of Fulton County as members of the Board of Governors of the Geo. L. Smith II Georgia World Congress Center Authority for the term of office beginning October 26, 1999, and ending July 1, 2003.
Sincerely, /s/ Roy E. Barnes
The Calendar was resumed.
HB 414. By Representatives Stuckey of the 67th, Walker of the 141st, Bordeaux of the 151st and others:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to provide for notice to temporary guardians of minors upon the application of the natural guardian for dissolution of the temporary guardianship; and for other purposes.
Senate Sponsor: Senator Lee of the 29th.
The Senate Judiciary Committee offered the following substitute to HB 414:
A BILL
To be entitled an Act to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to provide for notice to temporary guardians of minors upon the application of the natural guardian for dissolution of the temporary guardianship; to provide for objection to such dissolution; to provide for dissolution if no objection is filed; to provide for transfer to the juvenile court if objection is filed; to provide for determination in the best interest of the minor by the juvenile court; to provide for notice and hearing; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, is amended by striking in its entirety Code Section 29-4-4.1, relating to appointment of temporary guardians, and inserting in lieu thereof the following:
"29-4-4.1.

Wednesday, March 15, 2000

1377

(a)(1) The judge of the probate court of the county in which the minor is found shall have the power to appoint a temporary guardian of the person or property, or both, of the minor when the minor is alleged by the person having actual physical custody of such minor to be in need of a guardian and each living natural guardian signs a notarized relinquishment of guardianship rights, or one or both of the natural guardians fail to sign such a relinquishment of guardianship rights. No temporary guardian shall be appointed unless proper notice as required in this Code section is given or if objection is filed by a natural guardian.
(2) Provided the requirements in paragraph (1) of this subsection are met, if such minor is above the age of 14 years before a temporary guardian is appointed, the minor shall have the privilege of selecting a temporary guardian himself. If the selection is judicious, the judge of the probate court shall appoint the temporary guardian so selected. Having once exercised this privilege, the ward may not do so again except upon cause shown for the removal of the temporary guardian first selected.
(3) If one or both of the natural guardians of the minor have indicated a preference as to the person to be selected to serve as temporary guardian of the minor, the judge of the probate court must honor such preference if it is stated in a notarized relinquishment of parental rights. Otherwise, the judge must consider such a preference in selecting a temporary guardian; but for good cause shown in writing, the court may pass over a person having a preference and appoint a person having a lower preference or no preference. A preference may be indicated by nomination in a notarized relinquishment of parental rights, a will, or other writing signed by a parent and attested by at least two witnesses, whichever instrument is later.
(b) Notice of the pending application for temporary guardianship shall be given to the minor's natural guardian or guardians if such do not relinquish in writing their guardianship rights. Such notice shall be by personal service if the natural guardian to be served resides in this state at a known current address or, if the current address is unknown or is outside this state, by first-class mail sent to the natural guardian's last known address, if any, or, if no address is known, by publication once a week for two weeks in the official county legal organ. If no natural guardian appears and objects to the application for temporary guardianship within 14 days after such notice is mailed or ten days after such notice is first published, whichever is later, the judge of the probate court shall appoint a temporary guardian.
(c) Upon subsequent application to the court by the minor's natural guardian, for dissolution of the temporary guardianship, notice shall be provided to the temporary guardian of such application for dissolution of the temporary guardianship. If no objection to the dissolution of the temporary guardianship is filed within ten days of such notice, the judge of the probate court shall remove the temporary guardian appointed under this Code section and dissolve the temporary guardianship. If an objection to the dissolution of the temporary guardianship is filed within ten days, the judge of the probate court shall immediately transfer the records relating to the appointment of the temporary guardian and the objection to the dissolution of the temporary guardianship to the juvenile court, which shall determine, after notice and hearing, whether a continuation or dissolution of the temporary guardianship is in the best interest of the minor and shall issue an order accordingly.
(d) If a temporary guardian appointed pursuant to this Code section assumes in writing the obligation to support the minor while the guardianship is in effect to the extent that no other sources of support are available, then for purposes of obtaining medical insurance coverage for the ward, such temporary guardianship shall be deemed to be a permanent guardianship."
SECTION 2.
This Act shall become effective on July 1, 2000, and shall apply to all temporary guardianships whenever created, except that this Act shall not apply if the parent seeking to terminate the guardianship signed a relinquishment of parental rights at the time the guardianship was created which stated that the guardianship was immediately revocable upon written demand of the parent.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

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

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

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

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

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

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1166. By Representatives Golick of the 30th, Wix of the 33rd, Wiles of the 34th and others:
A bill to provide for a homestead exemption from certain Cobb County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; and for other purposes.

Senate Sponsor: Senator Gingrey of the 37th.

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

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

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

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

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

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1379

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

Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

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

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

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

HB 1416. By Representatives West of the 101st, Stallings of the 100th, Royal of the 164th and others:

A bill to be entitled an Act to amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to exemption of certain agricultural products from ad valorem taxation, so as to provide an ad valorem tax exemption for certain farm equipment owned and used by family owned qualified farm products producers; to provide for a special election; to provide for effective dates and applicability; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Dean of the 31st.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

January 12, 2000

The Honorable Jack West State Representative Legislative Office Building, Room 409 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 1416 (LC 14 7438)

Dear Representative West:

This Bill would allow voters in a referendum in November, 2000 to approve or refuse an exemption from all ad valorem taxation for farm equipment (except motor vehicles) used in the production of agricultural products by family-owned farms. If approved, the exemption would become effective on January 1, 2001.
The U.S. Department of Agriculture provides estimates of the dollar value of major pieces of equipment on farms in Georgia at four-year intervals. Since this data is taken from questionnaires completed by farmers, it is not certain that fair market values such as would be used in property taxation are being reflected. Regardless of any survey bias, these values available from 1978 through 1996 have been the basis of projections to 2001. The projections rest on a relationship of stocks of equipment to indices of farm output in Georgia, of prices for farm machinery, of sales of farm equipment, and of scrappage linked to year of purchase. Finally, the projections separate the value of equipment held by family-owned farms from that held by corporations or partnerships by using the respective value of farm products sold in the respective ownership classes.

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Were the proposed exemption for equipment for family-owned farms implemented, the reduction in local property tax revenues in 2001 would be about $7 million. The State's revenues would be reduced by less than $0.1 million.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Bill Tomlinson, Director Office of Planning and Budget

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

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

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

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

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

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

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

HB 1284. By Representatives Tillman of the 173rd, Murphy of the 18th, O'Neal of the 75th and others:

A bill to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide for legislative findings and intent; to provide for execution by lethal injection for persons convicted of capital crimes committed after a specified date; to provide for a definition; to provide that prescription, preparation, compounding, dispensing, and administration of a lethal injection is not the practice of certain licensed or certified professions; to change provisions relating to electrocution as a method of execution; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Kemp of the 3rd.

The Senate Judiciary Committee offered the following substitute to HB 1284:

A BILL

Wednesday, March 15, 2000

1381

To be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide for legislative intent; to provide for execution by lethal injection for persons convicted of capital crimes committed on or after a specified date; to provide for execution by lethal injection for crimes committed prior to a specified date in certain circumstances; to provide for a definition; to provide that prescription, preparation, compounding, dispensing, and administration of a lethal injection is not the practice of certain licensed or certified professions; to prohibit requiring or compelling a physician to participate in the execution of a death sentence; to change provisions relating to electrocution as a method of execution; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
It is the intention of the General Assembly to provide for execution by lethal injection for persons sentenced to death after conviction of capital crimes committed on or after May 1, 2000. It is the further intention of the General Assembly that persons sentenced to death for crimes committed prior to the effective date of this Act be executed by lethal injection if the Supreme Court of the United States declares that electrocution violates the Constitution of the United States or if the Supreme Court of Georgia declares that electrocution violates the Constitution of the United States or the Constitution of Georgia.
SECTION 2.
Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, is amended by striking in its entirety Code Section 17-10-33, relating to death sentences and transport of a defendant to the place of execution, and inserting in its place the following:
"17-10-33.
Upon a judgment of death made by a judge, it shall be the duty of the judge to sentence the defendant to death and to indicate the sentence in writing, which writing shall be filed with the papers in the case against the defendant. A certified copy of the sentence shall be sent by the clerk of the court in which the sentence is pronounced to the defendant's attorney of record, to the Attorney General, and to the superintendent of the state correctional institution where the execution is to take place, not less than ten days prior to the time fixed in the sentence of the court for the execution of the defendant. In all cases it shall be the duty of the sheriff of the county in which the defendant is sentenced, together with one deputy or more if in his the sheriff's judgment it is necessary, and provided that in all cases the number of guards shall be approved by the trial judge or, if he the trial judge is not available, by the judge of the probate court of the county in which the defendant is sentenced, to convey the defendant to the appropriate state correctional institution, not more than 20 days nor less than two days prior to the time fixed in the judgment for the execution of the defendant, unless otherwise directed by the Governor or unless a stay of execution has been caused by an appeal, granting of a new trial, or other order of a court of competent jurisdiction. The expense for transporting the defendant to the state correctional institution for the purpose of electrocution execution of the death sentence shall be paid by the county governing authority of the county in which the defendant was convicted, out of any funds on hand in the treasury of the county."
SECTION 3.
Said article is further amended by striking in its entirety Code Section 17-10-38, relating to death sentences, and inserting in lieu thereof the following:
"17-10-38.
(a) All persons who have been convicted of a capital offense and have had imposed upon them a sentence of death shall suffer such punishment by electrocution lethal injection. Lethal injection is the continuous intravenous injection of a substance or substances sufficient to cause death into the body of the person sentenced to death until such person is dead.

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(b) In all cases in which the defendant is sentenced to be electrocuted death, it shall be the duty of the trial judge in passing sentence to direct that the defendant be delivered to the Department of Corrections for electrocution execution of the death sentence at a state correctional institution designated by the department.
(c) Notwithstanding any other provision of law, prescription, preparation, compounding, dispensing, or administration of a lethal injection authorized by a sentence of death by a court of competent jurisdiction shall not constitute the practice of medicine or any other profession relating to health care which is subject by law to regulation, licensure, or certification.
(d) No state agency, department, or official may, through regulation or otherwise, require or compel a physician to participate in the execution of a death sentence. 'To participate in the execution of a death sentence' means any of the following actions: selecting injection sites; starting an intravenous line or lines as a port for a lethal injection device; prescribing, preparing, administering, or supervising injection drugs or their doses or types; inspecting, testing, or maintaining lethal injection devices; consulting with or supervising lethal injection personnel; or certifying death, unless the person sentenced to death has first been declared dead by another person."
SECTION 4.
Said article is further amended by striking in its entirety Code Section 17-10-41, relating to persons required to be present at executions, and inserting in lieu thereof the following:
"17-10-41.
There shall be present at the execution of a convicted person the superintendent of the state correctional institution or a deputy superintendent thereof, at least three executioners, two physicians to determine when death supervenes, electricians, and other correctional officers, assistants, technicians, and witnesses as determined by the commissioner of corrections. In addition, the convicted person may request the presence of his or her counsel, clergyman a member of the clergy, and a reasonable number of relatives and friends, provided that the total number of witnesses appearing at the request of the convicted person shall be determined by the commissioner of corrections."
SECTION 5.
Said article is further amended by striking in its entirety Code Section 17-10-44, relating to death chamber apparatus, machinery, and appliances, and inserting in lieu thereof the following:
"17-10-44.
The Department of Corrections shall provide a death chamber place for execution of the death sentence and all necessary apparatus, machinery, and appliances for inflicting the penalty of death by electrocution."
SECTION 6.
Section 3 of this Act shall apply to persons sentenced to death for crimes committed on or after May 1, 2000. Code Section 17-10-38 as it existed prior to its amendment by Section 3 of this Act shall continue to apply with respect to crimes committed prior to May 1, 2000, except that Section 3 of this Act shall apply to all persons sentenced to death for crimes committed prior to May 1, 2000, if the Supreme Court of the United States declares that electrocution violates the Constitution of the United States or if the Supreme Court of Georgia declares that electrocution violates the Constitution of the United States or the Constitution of Georgia.
SECTION 7.
This Act shall become effective May 1, 2000.
SECTION 8.

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1383

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

On the adoption of the substitute, the yeas were 29, nays 0, and the substitute was adopted.

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

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

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

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

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

On the passage of the bill, the yeas were 44, nays 3.

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

HB 1178. By Representatives Day of the 153rd, Mueller of the 152nd, Stephens of the 150th and others:

A bill to be entitled an Act to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, the "Tax Deferral for the Elderly Act," so as to authorize such tax deferral with respect to certain municipal ad valorem taxes for municipal purposes; to change certain provisions regarding definitions; to change certain provisions regarding tax deferral; to change certain provisions regarding applications therefor; to change certain provisions regarding annual notification; to change certain provisions regarding changes in use of the subject property; to change certain provisions regarding prepayment of taxes and interest; to change certain provisions regarding distribution of payments; to repeal conflicting laws; and for other purposes

Senate Sponsor: Senator Johnson of the 1st.

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

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

Y Balfour Y Blitch
Bowen Y Broun Y Brown

Y Hamrick Harbison
Y Hecht Y Hill Y Hooks

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

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

Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen
Madden Y Marable Y Perdue Y Polak

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

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed. Senator Blitch of the 7th recognized the members of Impact Ministries, commended by SR 645, adopted previously.

The Calendar was resumed.

HB 1268. By Representatives Barnes of the 97th, Dodson of the 94th, Benefield of the 96th and others:

A bill to be entitled an Act to amend Chapter 62A of Title 36 of the Official Code of Georgia Annotated, relating to conduct of members of local authorities, so as to provide for training for members of local development authorities; to define a term; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Starr of the 44th.

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

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

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

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

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

Wednesday, March 15, 2000

1385

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

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

HB 1630. By Representatives Smyre of the 136th, Skipper of the 137th, Walker of the 141st and Sauder of the 29th:

A bill to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to revise provisions relating to campaign finance disclosure and regulation; to add definitions; to change provisions relating to limitations upon amounts of contributions; to provide for separate depository accounts and limitations on spending the money in such accounts; to change the time of filing of certain campaign finance disclosure reports; to require registration of certain persons; to specify the content of certain disclosure reports; to provide for electronic filing of campaign contribution disclosure reports; to allow the acceptance of certain contributions at certain times, in certain amounts, and for certain purposes; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Starr of the 44th.

Senators Johnson of the 1st, Perdue of the 18th and Balfour of the 9th offered the following amendment:

Amend HB 1630 by striking beginning after the word and symbol "definitions;" on line 4 of page 1 the following:

"to change provisions relating to limitations upon amounts of contributions; to provide for separate depository accounts and limitations on spending the money in such accounts;".

By striking beginning after the word and symbol "reports;" on line 12 of page 1 the following:

"to allow the acceptance of certain contributions at certain times, in certain amounts, and for certain purposes;".

By striking all matter between the end of line 24 of page 12 through the end of line 7 of page 22.

By redesignating Sections 6 and 7 on page 22 as Sections 5 and 6.

Senator Walker of the 22nd requested a ruling of the Chair as to whether the amendment was in order.

The President ruled that pursuant to Senate Rule 106A the amendment was out of order due to the bill being engrossed in the Senate.

Senator Johnson of the 1st moved to suspend Senate Rule 106A and allow the amendment to be considered.

Senator Walker of the 22nd objected.

On the motion to suspend the rule, the President ordered a roll call, and the vote was as follows:

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

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

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

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

Y Ladd Y Lamutt Y Land N Lee N M V Bremen N Madden N Marable Y Perdue N Polak

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

On the motion, the yeas were 22, nays 31; the motion was lost, the engrossment was not suspended and the amendment was out of order.

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

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

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

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

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

On the passage of the bill, the yeas were 30, nays 20.

The bill, having received the requisite constitutional majority, was passed. The following communications were received by the Secretary:

March 15, 2000

Mr. Secretary:

Please show me voting "for" HB 1630.

/s/ Jack Hill

March 15, 2000
I would like for the Journal to reflect my Yes vote for House Bill # 1630. /s/ Gloria Butler

Wednesday, March 15, 2000

1387

Senator Guhl of the 45th introduced the doctor of the day, Dr. Monica Parker.
At 11:57 a.m. the President announced that the Senate would stand in recess until 1:30 p.m.
At 1:37 p.m. the President called the Senate to order.
The following bill was taken up to consider House action thereto:
HB 82. By Representatives Birdsong of the 123rd, Reaves of the 178th, Royal of the 164th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale of electricity for the operation of an irrigation system which is used on a farm exclusively for the irrigation of farm crops; and for other purposes.

Senator Cheeks of the 23rd moved that the Senate recede from its amendment to HB 82.

On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 82.
Senator Tate of the 38th introduced Ms. Lithangia Robinson, commended by SR 678, adopted previously.
The following bill was taken up to consider House action thereto:

HB 509.

By Representatives Jamieson of the 22nd, Ashe of the 46th, Cummings of the 27th, and others:
A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to change certain provisions regarding historic preservation commissions and ordinances; and for other purposes.

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Senator Egan of the 40th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Hill of the 4th, Hooks of the 14th and Egan of the 40th.

The following bill was taken up to consider House action thereto:

SB 330.

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

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

The House amendment was as follows: Amend SB 330 by striking line 7 of page 1 and inserting in its place the following:

"pursuant to certain federal laws and regulations; to provide for exceptions and exclusions; to repeal".

By striking line 27 on page 1 and inserting in its place the following:

"Edition); provided, however, no fees shall be imposed or collected under this Code section for any services rendered for primates or wild animals. The fees so established shall be sufficient in".

Senator Ragan of the 11th moved that the Senate agree to the House amendment to SB 330.

On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

On the motion, the yeas were 48, nays 0: the motion prevailed, and the Senate agreed to the House amendment to SB 330.

Wednesday, March 15, 2000

1389

Senator Starr of the 44th, President Pro Tempore, assumed the Chair.
The following bill was taken up to consider House action thereto: HB 172. By Representatives Coleman of the 142nd, Childers of the 13th, Sinkfield of the 57th and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services from the Department of Human Resources to the Department of Labor; and for other purposes. Senator Madden of the 47th moved that the Senate insist on its substitute to HB 172. On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 172.
The following bill was taken up to consider House action thereto:

SB 315. By Senators Thomas of the 10th, Scott of the 36th, Fort of the 39th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a physician may retain temporary protective custody of a child without a court order and without parental consent if the child's life or health is in imminent danger; to provide a short title; to provide for procedures; to provide for immunity from liability; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a physician may retain temporary protective custody of a child without a court order and without parental consent if the physician has reasonable cause to believe the child's life or health is in imminent danger; to provide a short title; to provide for procedures; to provide for authority and duties of the Department of Human Resources; to provide for immunity from liability; to amend said chapter as reorganized by House Bill 1112 of 2000 accordingly; to provide for other matters relative thereto; to provide for effective dates and contingent automatic repealers; 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 "Terrell Peterson Act."
PART I
SECTION 2.
Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by inserting immediately following Code Section 15-11-17.1 a new Code Section 15-11-17.2 to read as follows:
"15-11-17.2.
(a) Notwithstanding Code Section 15-11-17 or any other provision of law, a physician, licensed to practice medicine in the State of Georgia in accordance with Article 2 of Chapter 34 of Title 43, who is treating a child may take or

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retain temporary protective custody of the child, without a court order and without the consent of a parent, guardian, or custodian, provided that:
(1) The physician has reasonable cause to believe that the child is in a circumstance or condition that presents an imminent danger to the child's life or health as a result of suspected abuse or neglect; and
(2) There is not sufficient time for a court order to be obtained under this article for temporary custody of the child before the child may be removed from the presence of the physician.
(b) A physician detaining a child in temporary custody shall:
(1) Make reasonable and diligent efforts to inform the parents, guardian, or custodian of the child of the whereabouts of the child;
(2) As soon as possible, make a report of the suspected abuse or neglect which caused him or her to take temporary custody of the child, as required by subsection (e) of Code Section 19-7-5, and inform the child welfare agency designated by the Department of Human Resources to which such report is made that the child has been detained in temporary custody as provided in this Code section; and
(3) Not later than 24 hours after the child is detained in temporary custody:
(A) Contact a juvenile court intake officer as provided in paragraph (2) of subsection (a) of Code Section 15-11-19, and inform such intake officer that the child is in imminent danger to his or her life or health as a result of suspected abuse or neglect; or
(B) Contact a law enforcement officer who shall take the child into custody and promptly bring the child before a juvenile court intake officer as provided in Code Sections 15-11-19 and 15-11-21.
(c) A child who meets the requirements for inpatient admission shall be retained in the hospital or institution until such time as the child is medically ready for discharge. Upon notification by the hospital or institution to the department that a child who is not eligible for inpatient admission or who is medically ready for discharge has been taken into custody by a physician in accordance with subsection (b) of this Code section, provided that the child has been placed in the custody of the Department of Human Resources, the department shall take physical custody of the child within six hours of being notified.
(d) If the intake officer determines that the child is to be detained, in accordance with Code Sections 15-11-18 and 15-11-20 and subsection (a) of Code Section 15-11-21 and the court orders that the child be detained in the legal custody of the Department of Human Resources, acting by and through any of the county departments of family and children services, then:
(1) If the child remains in the physical care of the physician, the department shall take physical possession of the child within six hours of being notified by the physician, unless the child meets the criteria for admission to a hospital, or other medical institution or facility where he or she has been detained in the temporary custody by a physician; or
(2) If the child has been brought before the juvenile court by a law enforcement officer, the department shall promptly take physical possession of the child.
(e) If the child is not released, then the court shall notify the child's parents, guardian, or other custodian, the physician, and the Department of Human Resources of the detention hearing which is to be held within 72 hours as provided in subsection (c) of Code Section 15-11-21.
(f) If the intake officer determines that the child should not be detained, the child shall be released pursuant to the provisions set forth in Code Section 15-11-21.

Wednesday, March 15, 2000

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(g) If after the detention hearing the child is not released, the physician shall file the petition required by subsection (e) of Code Section 15-11-21 in accordance with this article, provided that such physician continues to believe that the child's life or health is in danger as a result of suspected abuse or neglect.
(h) Any hospital or physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Code section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action, pursuant to this Code section. This Code section shall not be construed as imposing any additional duty not already otherwise imposed by law."
PART II
SECTION 3.
Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by inserting a new Code Section 15-11-15 to read as follows:
"15-11-15.
(a) Notwithstanding Code Section 15-11-45 or any other provision of law, a physician, licensed to practice medicine in the State of Georgia in accordance with Article 2 of Chapter 34 of Title 43, who is treating a child may take or retain temporary protective custody of the child, without a court order and without the consent of a parent, guardian, or custodian, provided that:
(1) The physician has reasonable cause to believe that the child is in a circumstance or condition that presents an imminent danger to the child's life or health as a result of suspected abuse or neglect; and
(2) There is not sufficient time for a court order to be obtained under this article for temporary custody of the child before the child may be removed from the presence of the physician.
(b) A physician detaining a child in temporary custody shall:
(1) Make reasonable and diligent efforts to inform the parents, guardian, or custodian of the child of the whereabouts of the child;
(2) As soon as possible, make a report of the suspected abuse or neglect which caused him or her to take temporary custody of the child, as required by subsection (e) of Code Section 19-7-5, and inform the child welfare agency designated by the Department of Human Resources to which such report is made that the child has been detained in temporary custody as provided in this Code section; and
(3) Not later than 24 hours after the child is detained in temporary custody:
(A) Contact a juvenile court intake officer as provided in paragraph (2) of subsection (a) of Code Section 15-11-47, and inform such intake officer that the child is in imminent danger to his or her life or health as a result of suspected abuse or neglect; or
(B) Contact a law enforcement officer who shall take the child into custody and promptly bring the child before a juvenile court intake officer as provided in Code Sections 15-11-47 and 15-11-48.
(c) A child who meets the requirements for inpatient admission shall be retained in the hospital or institution until such time as the child is medically ready for discharge. Upon notification by the hospital or institution to the department that a child who is not eligible for inpatient admission or who is medically ready for discharge has been taken into custody by a physician in accordance with subsection (b) of this Code section, provided that the child has been placed in the custody of the Department of Human Resources, the department shall take physical custody of the child within six hours of being notified.

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(d) If the intake officer determines that the child is to be detained, in accordance with Code Sections 15-11-46 and 15-11-48 and subsection (a) of Code Section 15-11-49 and the court orders that the child be detained in the legal custody of the Department of Human Resources, acting by and through any of the county departments of family and children services, then:

(1) If the child remains in the physical care of the physician, the department shall take physical possession of the child within six hours of being notified by the physician, unless the child meets the criteria for admission to a hospital, or other medical institution or facility where he or she has been detained in the temporary custody by a physician; or

(2) If the child has been brought before the juvenile court by a law enforcement officer, the department shall promptly take physical possession of the child.

(e) If the child is not released, then the court shall notify the child's parents, guardian, or other custodian, the physician, and the Department of Human Resources of the detention hearing which is to be held within 72 hours as provided in subsection (c) of Code Section 15-11-49.

(f) If the intake officer determines that the child should not be detained, the child shall be released pursuant to the provisions set forth in Code Section 15-11-49.

(g) If after the detention hearing the child is not released, the physician shall file the petition required by subsection (e) of Code Section 15-11-49 in accordance with this article, provided that such physician continues to believe that the child's life or health is in danger as a result of suspected abuse or neglect.
(h) Any hospital or physician authorized and acting in good faith and in accordance with acceptable medical practice in the treatment of a child under this Code section shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed as a result of taking or failing to take any action, pursuant to this Code section. This Code section shall not be construed as imposing any additional duty not already otherwise imposed by law."

PART III

SECTION 4.

(a) If House Bill 1112, reorganizing Articles 1, 2, and 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is approved by the Governor or becomes law without such approval, Sections 1 and 3 of this Act shall become effective July 1, 2000, and Section 2 of this Act shall be automatically repealed on such date.
(b) If House Bill 1112, reorganizing Articles 1, 2, and 4 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is not approved by the Governor and does not become law without such approval, Sections 1 and 2 of this Act shall become effective July 1, 2000, and Section 3 of this Act shall be automatically repealed on such date.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed. Senator Thomas of the 10th moved that the Senate agree to the House substitute to SB 315.

On the motion, the President ordered a roll call, and the vote was as follows:

N Balfour Y Blitch
Bowen Y Broun

Y Hamrick Y Harbison Y Hecht Y Hill

Y Price,R Y Price,T
Ragan Y Ray

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

Hooks Y Huggins
Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R E Thompson
Walker Y Williams

On the motion, the yeas were 44, nays 1: the motion prevailed, and the Senate agreed to the House substitute to SB 315.
The following bill was taken up to consider House action thereto:

SB 290. By Senators Hecht of the 34th, Thompson of the 33rd, Starr of the 44th and others:
A bill to be entitled an Act to amend Article 2 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Governor, so as to enact the "Georgia Mentoring Act of 2000"; to make legislative findings; to authorize the office of the Governor to develop and implement a state-wide strategy to provide academic support and guidance to students through mentors; to authorize the office of the Governor to award grants to local school systems to administer academic volunteer and mentor service programs; to provide for the use of such funds; to provide for the contents of applications for such grants; to provide for awards for outstanding academic mentors; to provide for reports to the General Assembly; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:

A BILL
To be entitled an Act to amend Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to enact the "Georgia Mentoring Act of 2000"; to made legislative findings; to authorize the Children and Youth Coordinating Council to develop and implement a state-wide strategy to provide academic support and guidance to students through mentors; to authorize said council to award grants to local school systems to administer academic volunteer and mentor service programs; to provide for the use of such funds; to provide for the contents of applications for such grants; to provide for awards for outstanding academic mentors; to provide for reports to the General Assembly; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 6 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended in subsection (a) of Code Section 49-5-134, relating to the powers and duties of the Children and Youth Coordinating Council, by adding a new paragraph (1.1) to read as follows:

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"(1.1) To carry out the duties relating to mentoring provided for in Part 3 of this article;".
SECTION 2.
Said article is further amended by adding at the end thereof a new Part 3 to read as follows:
"Part 3
49-5-156.
(a) This Code section shall be known and may be cited as the 'Georgia Mentoring Act of 2000.'
(b) The General Assembly finds that:
(1) Every child in this state is encouraged to have a caring adult who, along with parents and teachers, is able to offer support, friendship, encouragement, and motivation to help the child excel academically and lead a productive life;
(2) As a society, we look to a child's family to provide a supportive home environment and realize that the primary responsibility for child rearing must remain with the family. However, we are keenly aware of increases in child abuse and neglect, the escalation of drug and alcohol abuse, and that many children who could excel in school are not receiving all the help and support they need to succeed;
(3) Untapped human resources exist in local communities throughout the state that can provide many children with an additional caring, positive academic role model or mentor. These individuals will help those children progress in school and help direct and reinforce the many opportunities that will further enhance each child's life;
(4) The members of the private sector throughout this state should be commended for their generous financial support of public schools. Now there is another significant contribution they can and must make to Georgia's children and youth: the investment of human capital in our children's future as academic volunteers and mentors;
(5) Programs which provide encouragement and support to children through the use of mentors have resulted in significant increases in graduation rates at the secondary level and in much improved enrollment rates in postsecondary education for some of our most vulnerable youth;
(6) Local, regional, and state-wide resource referral systems must be established to link more efficiently children and potential academic volunteers and mentors with existing programs and organizations; and
(7) Volunteer and mentor service must be encouraged and appropriately recognized.
(c) In order to develop a state-wide strategy to provide academic support and guidance to each student who requires it, there is created the Georgia Mentoring Program, to be administered by the Children and Youth Coordinating Council. Subject to appropriation by the General Assembly, the council shall:
(1) Develop a state-wide plan with the goal of matching every child who needs one with an academic mentor. For purposes of this Code section, the term 'academic mentor' or 'academic volunteer and mentor' means a volunteer who, as a participant in a local project funded under this Code section, supports the needs of the individual child with whom the volunteer is matched, including without limitation, strengthening the child's academic preparation and achievement;
(2) Develop standards for the operation of local projects for the provision of academic volunteer and mentor services;
(3) Develop criteria and procedures for funding local projects for the provision of academic volunteer and mentor services, based on local need. Such criteria shall include, but not be limited to, the following indicators: size of the school age population, school dropout rates, and student achievement;

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(4) Develop and implement a state-wide public awareness and recruitment campaign for academic mentors; and
(5) Compile a state-wide resource directory of successful academic mentor programs and organizations.
(d) The Children and Youth Coordinating Council shall award grants to local school systems to administer the academic volunteer and mentor service program within the local school district, subject to appropriation by the General Assembly. Funds awarded under this Code section shall be expended exclusively for the recruitment, screening, training, and placement of academic mentors in accordance with the purposes of this Code section and for evaluation of the program established by this Code section. Local school systems which receive grants shall contract with nonprofit organizations or local government agencies for program operations. In selecting the organization or agency with which to contract, the local school system shall consider the experience of the organization or agency with operating volunteer mentor projects. Each entity receiving funds under this Code section shall consult and cooperate with any teacher in whose classroom it is proposed that an academic mentor be placed. No displacement of any certified or classified school employee shall occur as a result of the use of any academic mentor pursuant to this Code section.
(e) Any local school system desiring a grant under this Code section shall submit an application to the Children and Youth Coordinating Council. In addition to such other information as the council may require, each application shall include the following:
(1) A description of activities for which assistance is requested;
(2) A list of coapplicants, if any;
(3) The number of children expected to be served;
(4) A statement of the goals of the program to be supported by the grant;
(5) A statement of the applicant's experience in the recruitment, placement, and training of volunteers and mentors;
(6) A statement of how the applicant intends to recruit, screen, train, and place academic mentors;
(7) A statement of how the applicant will ensure that (A) academic volunteers and mentors will be required to undergo a criminal background check and (B) no displacement of existing school employees will occur as a result of the use of academic volunteers and mentors;
(8) A statement of the efforts the applicant will make to maximize the use of existing state, federal, and local funds from both public and private sources for the purposes of the project; and
(9) A plan for integration of the applicant's efforts with other community based children's services.
(f) The General Assembly further finds that outstanding academic volunteer and mentor service should be encouraged and recognized. For that purpose, the Governor is authorized to provide an award to recognize outstanding academic volunteer or mentor service in the schools for each fiscal year in which funds are appropriated for the program established under this Code section. Local school systems may nominate an individual or individual program that has had a significant and positive impact upon the lives of children for the award.
(g) No later than one year following the date on which funding is provided for the purposes of this Code section, and annually thereafter in any fiscal year for which funds are appropriated for the purposes of this Code section, the Children and Youth Coordinating Council shall submit to the General Assembly a report describing the progress and accomplishments of the Georgia Mentoring Program. The report shall also identify any barriers to the full achievement of the goals of the program and shall include any recommended legislative changes in that regard."
SECTION 3.

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This Act shall become effective on July 1, 2000.

SECTION 4.

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

Senator Hecht of the 34th moved that the Senate agree to the House substitute to SB 290.

On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

On the motion, the yeas were 43, nays 2: the motion prevailed, and the Senate agreed to the House substitute to SB 290.
The following bill was taken up to consider House action thereto:
SB 412. By Senators Tanksley of the 32nd and Thompson of the 33rd:
A bill to be entitled an Act to amend Chapters 13 and 18 of Title 15 of the Official Code of Georgia Annotated, relating respectively to officers of court and prosecuting attorneys, so as to authorize prosecuting attorneys to assess certain costs and fees; to authorize prosecuting attorneys to create and administer Pretrial Intervention and Diversion Programs; to provide for the purpose of such programs and the selection of offenders for such programs; to provide for restitution; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapters 13 and 18 of Title 15 of the Official Code of Georgia Annotated, relating respectively to officers of court and prosecuting attorneys, so as to authorize prosecuting attorneys to assess certain costs and fees; to authorize prosecuting attorneys to create and administer Pretrial Intervention and Diversion Programs; to provide for the purpose of such programs and the selection of offenders for such programs; to provide for restitution; to provide for payment of fees to the county; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Wednesday, March 15, 2000

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SECTION 1.
Chapter 13 of Title 15 of the Official Code of Georgia Annotated, relating to officers of court, is amended by striking in its entirety Code Section 15-13-35, relating to demanding excessive or unauthorized costs, and inserting in its place the following:
"15-13-35.
Any Except as otherwise provided by law, any officer of court who knowingly demands, as costs from a defendant in a criminal case, fees to which he such officer is not entitled and any prosecuting attorney who demands or receives any fee or costs on any criminal case which has not been tried by a trial jury or otherwise finally disposed of shall be guilty of a misdemeanor."
SECTION 2.
Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, is amended by striking in its entirety Code Section 15-18-26, relating to taking money or a thing of value in exchange for official actions, and inserting in lieu thereof the following:
"15-18-26.
If a district attorney takes or agrees to take from any person money or any other valuable thing which is not authorized by law, the consideration whereof is a promise or undertaking to procure or to try to procure a finding by the grand jury of a 'true bill' or 'no bill' upon an indictment, or to make or not to make a presentment, or to postpone or delay a state case or an arrest, or to advise that it be done or how it may be done, and an indictment is handed down or a presentment is made to this effect, the district attorney shall be disqualified from further discharging his or her official duties until a trial is had upon the indictment or presentment. If the trial results in a conviction, he or she shall be fined and imprisoned, at the discretion of the court. Such a conviction is also a ground for impeachment. The disqualification shall continue until the adjournment of the next session of the General Assembly. It shall be the duty of the clerk of the court to certify immediately such proceedings to the Governor."
SECTION 3.
Said chapter is further amended by inserting a new article to be designated Article 4, to read as follows:
"ARTICLE 4
15-18-80.
(a) The prosecuting attorneys for each judicial circuit of this state shall be authorized to create and administer a Pretrial Intervention and Diversion Program.
(b) It shall be the purpose of such a program to provide an alternative to prosecuting offenders in the criminal justice system.
(c) Entry into the program shall be at the discretion of the prosecuting attorney based upon written guidelines.
(d) The prosecuting attorney implementing said program shall create written guidelines for acceptance into and administration of the program. These guidelines shall include, but are not limited to, consideration of the following:
(1) The nature of the crime;
(2) The prior arrest record of the offender; and
(3) The notification and response of the victim.

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(e) No prosecuting attorney shall accept any offender into the program for an offense for which the law provides a mandatory minimum sentence of incarceration or imprisonment that cannot be suspended, probated, or deferred.

(f) The prosecuting attorney shall be authorized to assess and collect from each offender who enters the program a fee not to exceed $300.00 for the administration of the program. Any fee collected under this subsection shall be made payable to the general fund of the county in which the crime is committed.

(g) The prosecuting attorney shall be further authorized to collect restitution on behalf of victims. Any restitution collected under this subsection shall be made payable to and disbursed by the clerk of court in the county in which the case would be prosecuted.

(h) No program created pursuant to this Code section shall be construed as a violation of Code Section 15-13-35 or 15-18-26.

15-18-81.

The prosecuting attorney may assess court costs against the defendant for the dismissal of criminal warrants when the affiant is not a peace officer. Any fee collected under this subsection shall be made payable to the general fund of the county in which the crime is committed."

SECTION 4.

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

Senator Tanksley of the 32nd moved that the Senate agree to the House substitute to SB 412.

On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 412.
Senator Ray of the 48th moved that Senator Guhl of the 45th be excused. On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Guhl was excused.

Wednesday, March 15, 2000

1399

The following bill was taken up to consider House action thereto:
SB 292. By Senators Ray of the 48th, Balfour of the 9th, Burton of the 5th and others:
A bill to be entitled an Act to provide for a homestead exemption from certain Gwinnett County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to a resident; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to provide for a homestead exemption from certain Gwinnett County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
(a) As used in this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Gwinnett County, including, but not limited to, any ad valorem taxes for special district purposes and any taxes to pay interest on and to retire county bonded indebtedness.
(2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this Act is first granted to the most recent owner of such homestead.
(3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.
(b) Each resident of Gwinnett County is granted an exemption on that person's homestead from all Gwinnett County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is removed from the homestead, the base year assessed value shall be adjusted to reflect such removal and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation.
(c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the tax commissioner of Gwinnett County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption.
(d) The tax commissioner of Gwinnett County shall provide application forms for the exemption granted by subsection (b) of this section which shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.

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(e) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the tax commissioner of the county or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

(f) The exemption granted by this Act shall not apply to or affect state ad valorem taxes, county school district ad valorem taxes for educational purposes, or municipal ad valorem taxes for municipal purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to county ad valorem taxes for county purposes.

(g) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2001.

SECTION 2.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Gwinnett County for approval or rejection. The election superintendent shall conduct that election on the date of the July 2000, state-wide general primary, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act be approved which provides a homestead exemption from certain Gwinnett County ad valorem taxes for county purposes in an amount equal to the amount by
( ) NO which the assessed value of that homestead for the current year exceeds the base year assessed value of that 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, Section 1 of this Act shall become of full force and effect on January 1, 2001. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of 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 Gwinnett County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 3.

Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

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

Senator Ray of the 48th moved that the Senate agree to the House substitute to SB 292.

On the motion, the President ordered a roll call, and the vote was as follows:

Y Balfour Y Blitch

Y Hamrick Y Harbison

Y Price,R Y Price,T

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

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

Y Ragan Y Ray Y Scott
Smith Starr (PRS) Stephens Y Stokes Y Streat Tanksley Y Tate Y Thomas,D Y Thomas,N Thomas,R E Thompson Walker Y Williams

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 292.

The following bill was taken up to consider House action thereto:

SB 331.

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

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

The House substitute was as follows:

A BILL

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

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 general provisions relative to dealers in agricultural products, is amended by striking paragraph (1) of Code Section 2-9-1, relating to definitions, and inserting in its place the following:

"(1) 'Agricultural products' includes fruits, vegetables, eggs, pecans, and baled cotton prior to warehousing but does not include dairy products, unbaled or warehoused cotton, tobacco, grains, and other basic farm crops."

SECTION 2.

Said article is further amended by striking Code Section 2-9-5, relating to bonds, and inserting in its place the following:

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"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 and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of 'good standing' issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. The bond shall be in such amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of products purchased from or sold for Georgia producers or estimated to be purchased or sold in any month by the applicant or in the case of cotton gins not to exceed $150,000.00. 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. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing."

SECTION 3.

Said article is further amended by striking Code Section 2-9-15, relating to applicability of the article, and inserting in its place the following:

"2-9-15.

This article shall not apply to:

(1) Farmers or groups of farmers in the sale of agricultural products grown by themselves;

(2) Persons who buy for cash, paying at the time of purchase in United States currency, certified check, cashier's check, or the equivalent; or

(3) Holders of food sales establishment licenses issued pursuant to Article 2 of Chapter 2 of Title 26, the 'Georgia Food Act.,' who conduct no business at the wholesale level and who have fewer than ten employees."

SECTION 4.

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

Senator Ragan of the 11th moved that the Senate agree to the House substitute as amended by the following amendment:

Amend the House substitute to SB 331 by deleting the word "gins" from line 7 of page 2.

On the motion, the President ordered a roll call, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun
Brown Y Brush Y Burton Y Butler

Y Hamrick Harbison
Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James

Y Price,R Y Price,T Y Ragan Y Ray Y Scott
Smith Starr (PRS) Y Stephens

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

Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

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

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 331 as amended by the Senate.

Senator Smith of the 25th moved that Senator Jackson of the 50th be excused. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Jackson was excused.

The following bill was taken up to consider House action thereto:

SB 267. By Senators Hill of the 4th and Jackson of the 50th:
A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Firefighters' Pension Fund, so as to provide for creditable service for certain prior service; to provide conditions for an effective date and automatic repeal.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Firefighters' Pension Fund, so as to provide for creditable service for certain prior service; to provide for conditions for receiving such service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement under the Georgia Firefighters' Pension Fund, is amended by inserting at the end thereof the following:
"47-7-86.
(a) As used in this Code section, the term 'prior eligible service' means service:
(1) Rendered by a member of the fund as a firefighter or volunteer firefighter;
(2) Rendered without interruption prior to the date such member became a member of the fund; and
(3) For which the member would otherwise have been eligible for credit if such member had been a member of the fund at the time such service was rendered;
provided, however, that such term shall not include a period of more than five years of such service.

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(b) Any person who is a member of the fund on July 1, 2000, and who is at least 53 years old on that date shall be entitled to credit for prior eligible service, provided that such person satisfies the following requirements:

(1) The member or applicant for membership files with the board on or before September 1, 2000, an application for such credit in the form prescribed by the board; and

(2) At the time of application for credit, the member or applicant for membership pays to the fund for each month of prior eligible service credit sought an amount equal to the contributions that would have been made had the member or applicant been a member and entitled to credit during the period of prior eligible service, at the monthly contribution rate in effect at the time the application for credit is made, together with interest on such monthly amount from the date on which such contribution would have been made until the date of application for credit at a rate of 12 percent per year.

(c) Nothing in this Code section shall alter the requirements for membership in the fund or the limitations on membership or benefits of membership which would otherwise apply absent the benefit of prior eligible service credits under this Code section."

SECTION 2.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 3.

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

Senator Hill of the 4th moved that the Senate agree to the House substitute to SB 267.

On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 267.

Wednesday, March 15, 2000

1405

The following bill was taken up to consider House action thereto:
SB 407. By Senators Hecht of the 34th, Scott of the 36th, Kemp of the 3rd and others:
A bill to be entitled an Act to be known as the "Georgia Protection of Elder Persons and Disabled Adults Act of 2000"; to amend Chapters 5, 6, 8, and 9 of Title 16 of the O.C.G.A., relating respectively to crimes against the person, sexual offenses, theft, and forgery and fraudulent practices; Chapters 3 and 8 of Title 17 of the O.C.G.A., relating respectively to limitations on prosecution and trial; Chapter 3 of Title 24 of the O.C.G.A., relating to hearsay; Chapters 1 and 5 of Title 30 of the O.C.G.A., relating respectively to general provisions relative to handicapped persons and protection of disabled adults and elder persons, so as to provide for increased penalties for certain crimes committed against elder persons and certain disabled adults; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to be known as the "Georgia Protection of Elder Persons Act of 2000"; to amend Chapters 5, 8, and 9 of Title 16 of the Official Code of Georgia Annotated, relating respectively to crimes against the person, theft, and forgery and fraudulent practices; Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecution; and Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, so as to make it unlawful to willfully deprive an elder person of sustenance; to provide for applicability; to provide for penalties; to provide fines as punishment for certain theft and fraud offenses; to change the statute of limitations for certain crimes in which the victim is an elder person; to clarify the procedures for reports of abuse, neglect, or exploitation of elder persons or disabled adults; to add to the list of persons required to report such abuse, neglect, or exploitation; to change the immunity provisions; to provide that certain agencies shall develop training programs about the abuse and exploitation of the elderly; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Protection of Elder Persons Act of 2000."
SECTION 2.
Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by inserting after Article 7 a new Article 8 as follows:
"ARTICLE 8
16-5-100.
(a) A guardian or other person supervising the welfare of or having immediate charge or custody of a person who is 65 years of age or older commits the offense of cruelty to a person who is 65 years of age or older when such person willfully deprives such person who is 65 years of age or older of necessary sustenance to the extent that the health or well-being of such person who is 65 years of age or older is jeopardized.
(b) The provisions of this Code section shall not apply to a physician nor any person acting under his or her direction nor to a hospital, skilled nursing facility, nor any agent or employee thereof who is acting in good faith in accordance with a living will as provided in Chapter 32 of Title 31, a durable power of attorney for health care as provided in Chapter 36 of Title 31, or the instructions of the patient or the patient's lawful surrogate decision maker.

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(c) A person convicted of the offense of cruelty to a person who is 65 years of age or older as provided in this Code section shall be punished by imprisonment for not less than one nor more than 20 years."
SECTION 3.
Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by striking paragraph (2) of subsection (a) of Code Section 16-8-12, relating to penalties for theft, and inserting in lieu thereof:
"(2) If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-10-8, or both;"
SECTION 4.
Article 1 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, is amended by inserting a new Code section to be designated Code Section 16-9-6 to read as follows:
"16-9-6.
Unless a greater penalty is specifically provided in this chapter, any violation of this chapter by a fiduciary in breach of a fiduciary obligation against a person who is 65 years of age or older shall be punished by imprisonment for not less than one nor more than 15 years, a fine not to exceed the amount provided by Code Section 17-10-8, or both."
SECTION 5.
Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecution, is amended by inserting a new Code section to be designated Code Section 17-3-2.2 to read as follows:
"17-3-2.2.
In addition to any periods excluded pursuant to Code Section 17-3-2, if the victim is a person who is 65 years of age or older, the applicable period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the violation is reported to or discovered by a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney. In no case shall prosecution commence more than 15 years after the commission of the crime."
SECTION 6.
Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to protection of disabled adults and elder persons, is amended by striking Code Section 30-5-4, relating to reports of abuse, and inserting in lieu thereof the following:
"30-5-4.
(a)(1)(A) Any physician, osteopath, intern, resident, other hospital or medical personnel, dentist, psychologist, chiropractor, podiatrist, pharmacist, physical therapist, occupational therapist, licensed professional counselor, nursing personnel, social work personnel, day-care personnel, coroner, medical examiner, employee of a public or private agency engaged in professional health related services to elder persons or disabled adults, or law enforcement personnel having reasonable cause to believe that a disabled adult or elder person has had a physical injury or injuries inflicted upon such disabled adult or elder person, other than by accidental means, or has been neglected or exploited shall report or cause reports to be made in accordance with the provisions of this Code section.

Wednesday, March 15, 2000

1407

(B) Except as provided in this paragraph, any employee of a financial institution, as defined in Code Section 7-1-4, having reasonable cause to believe that a disabled adult or elder person has been exploited shall report or cause reports to be made in accordance with the provisions of this Code section; provided, however, that this obligation shall not apply to any employee of a financial institution while that employee is acting as a fiduciary, as defined in Code Section 7-1-4, but only for such assets that the employee is holding or managing in a fiduciary capacity.
(C) When the person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services performs services as a member of the staff of a hospital, social agency, financial institution, or similar facility, such person shall notify the person in charge of the facility and such person or that person's designee shall report or cause reports to be made in accordance with the provisions of this Code section.
(2) Any other person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services, or has been the victim of abuse, neglect, or exploitation may report such information as provided in this Code section to an adult protection agency providing protective services, as designated by the department or, in the absence of such agency, to an appropriate law enforcement authority or district attorney. If a report of disabled adult or elder person abuse is made to an adult protection agency or independently discovered by the agency and the agency has reasonable cause to believe such report is true, then the agency shall immediately notify the appropriate law enforcement authority or district attorney.
(b)(1) A report that a disabled adult or elder person who is not a resident of a long-term care facility as defined in Code Section 31-8-80 is in need of protective services or has been the victim of abuse, neglect, or exploitation shall be made to an adult protection agency providing protective services, as designated by the department or, if such agency is unavailable, to an appropriate law enforcement agency or prosecuting attorney. If a report of a disabled adult or elder person abuse is made to an adult protection agency or independently discovered by the agency and the agency has reasonable cause to believe such report is true, then the agency shall immediately notify the appropriate law enforcement agency or prosecuting attorney. If the disabled adult or elder person is a resident of a long-term care facility as defined in Code Section 31-8-80, a report shall be made in accordance with Article 4 of Chapter 8 of Title 31. If a report made in accordance with the provisions of this Code section alleges that the abuse or exploitation occurred within a long-term care facility, such report shall be investigated in accordance with Articles 3 and 4 of Chapter 8 of Title 31.
(2) The report may be made by oral or written communication. The report shall include the name and address of the disabled adult or elder person and should include the name and address of the disabled adult's or elder person's caretaker, the age of the disabled adult or elder person, the nature and extent of the disabled adult's or elder person's injury or condition resulting from abuse, exploitation, or neglect, and other pertinent information. All such reports prepared by a law enforcement agency shall be forwarded to the director within 24 hours.
(c) Anyone who makes a report pursuant to this chapter, who testifies in any judicial proceeding arising from the report, who provides protective services, or who participates in a required investigation under the provisions of this chapter shall be immune from any civil or criminal liability on account of such report or testimony or participation, unless such person acted in bad faith, or with a malicious purpose, or was a party to such crime or fraud. Any financial institution, as defined in Code Section 7-1-4, including without limitation officers and directors thereof, that is an employer of anyone who makes a report pursuant to this chapter in his or her capacity as an employee, or who testifies in any judicial proceeding arising from a report made in his or her capacity as an employee, or who participates in a required investigation under the provisions of this chapter in his or her capacity as an employee, shall be immune from any civil or criminal liability on account of such report or testimony or participation of its employee, unless such financial institution knew or should have known that the employee acted in bad faith or with a malicious purpose and failed to take reasonable and available measures to prevent such employee from acting in bad faith or with a malicious purpose. The immunity described in this subsection shall apply not only with respect to the acts of making a report, testifying in a judicial proceeding arising from a report, providing protective services, or participating in a required investigation but also shall apply with respect to the content of the information communicated in such acts."
SECTION 7.

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Said chapter is further amended by adding a new Code section to be designated Code Section 30-5-10 to read as follows:

"30-5-10.

The Department of Human Resources, the Georgia Peace Officers Standards and Training Council, the Prosecuting Attorneys' Council of the State of Georgia, and the Institute of Continuing Judicial Education shall develop programs for the education and training of social services, criminal justice, and judicial professionals concerning the abuse and exploitation of persons who are 65 years of age or older. Said agencies, together with any other agency of this state which is involved in the investigation of the abuse or exploitation of persons who are 65 years of age or older, are directed to cooperate in the development of such training programs to the extent allowable under Article I, Section II, Paragraph III of the Constitution of this state."

SECTION 8.

This Act shall be effective upon the first day of the month following its approval by the Governor or its becoming law without the approval of the Governor.

SECTION 9.

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

Senator Hecht of the 34th moved that the Senate agree to the House substitute as amended by the following amendment:

Amend the House substitute to SB 407 by striking lines 25 and 26 of page 3 and inserting in lieu thereof the following:

"prosecuting attorney. Except for prosecutions for crimes for which the law provides a statute of limitations longer than 15 years, prosecution shall not commence more than 15 years after the commission of the".

On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 407 as amended by the Senate.

Wednesday, March 15, 2000

1409

The following bill was taken up to consider House action thereto:
SB 316. By Senators Meyer von Bremen of the 12th, Hecht of the 34th, Lee of the 29th and Kemp of the 3rd:
A bill to be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of wiretapping, eavesdropping, surveillance, and related offenses, so as to revise and clarify provisions relating to such crimes; to provide more specifically for violations involving the use of cameras and photographic and video equipment; to change the definition of the term "device" as used in said part; to change provisions relating to unlawful observation, photographing, and recording of another in a private place; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of wiretapping, eavesdropping, surveillance, and related offenses, so as to revise and clarify provisions relating to such crimes; to provide more specifically for violations involving the use of cameras and photographic and video equipment; to change the definition of the term "device" as used in said part; to change provisions relating to unlawful observation, photographing, and recording of another in a private place; to make it unlawful for any person to sell, give, or distribute to any person or entity any photograph, videotape, or record, or copies thereof, of the activities of another which occur in any private place and out of public view without the consent of all persons observed; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the crimes of wiretapping, eavesdropping, surveillance, and related offenses, is amended by striking paragraph (1) of Code Section 16-11-60, relating to definitions, and inserting in its place a new paragraph to read as follows:
"(1) 'Device' means an instrument or apparatus used for overhearing, recording, intercepting, or transmitting sounds or for observing, photographing, videotaping, recording, or transmitting visual images and which involves in its operation electricity, electronics, or infrared, laser or similar beams , but not including. Without limiting the generality of the foregoing, the term 'device' shall specifically include any camera, photographic equipment, video equipment, or other similar equipment but shall not include merely focusing, lighting, illuminating equipment, optical magnifying equipment, or a device commonly referred to as an 'individual hearing aid,' and not including a 'pen register' or 'trap and trace device' as defined in this Code section."
SECTION 2.
Said part is further amended by striking Code Section 16-11-62, relating to unlawful invasions of privacy, and inserting in its place a new Code section to read as follows:
"16-11-62.
It shall be unlawful for:
(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the private conversation of another which shall originate in any private place;

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(2) Any person, through the use of any instrument or apparatus device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful:

(A) To to use any camera, photographic equipment, videotape equipment, or other devices device to observe, photograph, or record the activities of persons incarcerated in any jail, correctional institution, or any other facility in which persons who are charged with or who have been convicted of the commission of a crime are incarcerated, provided that such equipment shall not be used while the prisoner is discussing his or her case with his or her attorney; or

(B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection, any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy;

(3) Any person to go on or about the premises of another or any private place for the purpose of invading the privacy of others by eavesdropping upon their conversations or secretly observing their activities;

(4) Any person intentionally and secretly to intercept by the use of any device, instrument, or apparatus the contents of a message sent by telephone, telegraph, letter, or by any other means of private communication;

(5) Any person to divulge to any unauthorized person or authority the content or substance of any private message intercepted lawfully in the manner provided for in Code Section 16-11-65; or

(6) Any person to sell, give, or distribute, without legal authority, to any person or entity any photograph, videotape, or record, or copies thereof, of the activities of another which occur in any private place and out of public view without the consent of all persons observed; or

(6)(7) Any person to commit any other acts of a nature similar to those set out in paragraphs (1) through (5) (6) o f this Code section which invade the privacy of another."

SECTION 3.

This Act shall become effective July 1, 2000, and shall apply with respect to offenses committed on or after that effective date. This Act shall not affect or abate the status as a crime of any offense committed prior to that effective date, nor shall the prosecution of such crime be abated as a result of this Act.

SECTION 4.

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

Senator Meyer von Bremen of the 12th moved that the Senate agree to the House substitute to SB 316.

On the motion, the President ordered a roll call, and the vote was as follows:

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

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

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Y Tate

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1411

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

Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

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

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 316.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:

HB 1695.

By Representative Twiggs of the 8th:
A bill to provide for an advisory referendum election to be held in Union County for the purpose of determining the form of county government desired by the people of Union County.

HB 1697.

By Representative Coleman of the 80th:
A bill to amend an Act entitled, "An Act providing a new charter for the City of Duluth," so as to amend the description of the corporate limits of said city.

HB 1701.

By Representative Ray of the 128th:
A bill to amend an Act reconstituting the Board of Education of Crawford County, so as to change the method of compensating the members of the Board of Education of Crawford County.

HB 1703.

By Representatives Ray of the 128th and James of the 140th:
A bill to amend an Act providing for the Board of Education of Peach County, so as to change the compensation of board members.

HB 1719.

By Representatives Callaway of the 81st, Rice of the 79th, Coan of the 82nd and others:
A bill to repeal a local amendment to Article V, Section IX, of the Constitution of the State of Georgia creating the Gwinnett Industrial Building Authority; to provide for a referendum.

HB 1724.

By Representatives Twiggs of the 8th and Bridges of the 9th:
A bill to amend an Act creating the White County Water and Sewerage Authority, so as to provide for a change in the membership of the authority.

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HB 1725.

By Representative Coleman of the 142nd:
A bill to amend an Act creating the Heart of Georgia Regional Airport Authority, so as to change the method of appointing members of the authority.

HB 1726.

By Representatives Bordeaux of the 151st, Jackson of the 148th, Day of the 153rd and others:
A bill to amend an Act creating the Chatham-Savannah Authority for the Homeless, so as to change provisions relating to membership, meetings, and purposes of the authority.

HB 1728.

By Representative Holland of the 157th: A bill to provide a new charter for the City of Rebecca.

HB 1729.

By Representative Holland of the 157th: A bill to provide a new charter for the City of Warwick.

HB 1730.

By Representative Stokes of the 92nd: A bill to provide a new charter for the Town of Porterdale.

HB 1731.

By Representative Coleman of the 142nd: A bill to provide a new charter for the City of Cochran.

HB 1732.

By Representative Cummings of the 27th:
A bill to amend an Act creating a new charter for the City of Rockmart; so as to change the corporate limits of said city.

HB 1733.

By Representative Greene of the 158th: A bill to provide a new charter for the City of Shellman.

HB 1734.

By Representative Mosley of the 171st:
A bill to amend an Act creating a new charter for the City of Ludowici, so as to change the corporate limits of the City of Ludowici by annexing certain territory into the city.

HB 1735.

By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th:
A bill to amend an Act providing for a supplement to the compensation, salary, expenses, and allowances of the Sheriff of Columbia County, so as to clarify how the salary of such sheriff is to be calculated.

Wednesday, March 15, 2000

1413

HB 1736.

By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th:
A bill to provide for an advisory referendum election to be held in Columbia County for the purpose of determining the form of county government desired by the people of Columbia County.

HB 1737.

By Representative Dukes of the 161st:
A bill to provide that the judge of the Probate Court of Baker County shall also serve as the chief magistrate of the Magistrate Court of Baker County; to provide for the compensation of such judge for service as chief magistrate.

HB 1738.

By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th:
A bill to amend an Act providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, so as to change the provisions relating to such supplement.

HB 1739.

By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to amend an Act incorporating the City of Gray, so as to provide that the City of Gray may acquire, construct, and maintain, by condemnation or otherwise, inside or outside the city limits, public ways, public grounds, public buildings, sewers, drains, sewage treatment and waterworks systems, and any other public water and sewer improvements.

HB 1740.

By Representative Jenkins of the 110th:
A bill to amend an Act reconstituting the Board of Education of Jasper County, so as to change certain provisions regarding compensation and expenses of members of the board.

SB 533.

By Senators Lamutt of the 21st, Tanksley of the 32nd, Gingrey of the 37th and others:
A bill to be entitled an Act to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to change the date upon which the commission will be abolished; to provide for an effective date; to repeal conflicting laws.

HB 1741.

By Representatives Reed of the 52nd, Stanley of the 49th, Stanley of the 50th and others:
A bill to provide a homestead exemp tion from City of Atlanta ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city who are 65 years of age or over whose net income does not exceed $40,000.00.

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

SB 289.

By Senator James of the 35th:

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A bill to further define and prescribe the powers and duties of the East Point Business and Industrial Development Authority, which was established by that proposed amendment to the Constitution of the State of Georgia of 1945, which was ratified in the 1976 general election; to further regulate the management and conduct of the authority; to provide for related matters; to provide for an effective date.

SB 498.

By Senator Smith of the 25th:
A bill to be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws.

The Calendar was resumed.

HB 1320. By Representatives Jackson of the 112th, DeLoach of the 119th, Grindley of the 35th and others:

A bill to be entitled an Act to amend Part 1 of Article 2 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to noncommercial fishing, so as to change the provisions relating to fishing with bow and arrow; to authorize the taking of channel catfish and flathead catfish anywhere in the Savannah River, including its tributaries and impoundments within the Savannah River Basin, by means of bow and arrow under certain conditions; to specify such conditions; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Gillis of the 20th.

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

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

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

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

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

On the passage of the bill, the yeas were 42, nays 1.

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

Wednesday, March 15, 2000

1415

HB 1210. By Representatives Poag of the 6th and Jenkins of the 110th:
A bill to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from sales and use taxes for certain sales of coins or currency, and for certain sales of gold, silver, or platinum bullion; to provide for rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Thomas of the 54th.
The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
January 28, 2000
The Honorable Charles Poag State Representative Legislative Office Building, Room 608 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1210 (LC 22 3866)
Dear Representative Poag:
This Bill would exempt from Georgia's sales and use tax the sales of gold, silver, or platinum bullion and the sales of coins or currency in transactions for over $500. The exemption would become effective on July 1, 2000.
No information is available to suggest the dollar value of sales in Georgia of precious metals in bullion form nor the sales in the state of coin or currency in transactions for over $500.
This Bill would certainly reduce the yield of the sales and use tax for the State and for local governments starting in Fiscal Year 2001. However, the amount of the reduction is not readily determined.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Bill Tomlinson, Director Office of Planning and Budget

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

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

Y Balfour Y Blitch Y Bowen Y Broun
Brown Brush

Y Hamrick Harbison
Y Hecht Y Hill Y Hooks Y Huggins

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

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

E Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

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

On the passage of the bill, the yeas were 47, nays 0.

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

HB 1215. By Representatives Channell of the 111th, Walker of the 141st, Coleman of the 142nd and others:

A bill to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding the assignment of certain corporate income tax credits; to provide for assignment between additional types of affiliated entities; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Smith of the 25th.

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

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

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

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

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

On the passage of the bill, the yeas were 47, nays 0.

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

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1417

HB 1406. By Representatives Trense of the 44th, Sinkfield of the 57th and Smith of the 103rd:

A bill to be entitled an Act to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to provide additional methods to remove county directors and district directors; to change the method of appointing district directors and county directors; to provide for annual reports and for appearances to answer certain questions; to change the provisions regarding salaries of county department staff; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Stokes of the 43rd.

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

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

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

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

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

On the passage of the bill, the yeas were 45, nays 1.

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

HB 708.

By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of actions and service, so as to authorize waiver of service of a summons; to provide that waiving service does not waive any objection to venue or personal jurisdiction; to provide for a duty to avoid unnecessary costs in serving a summons; and for other purposes.

Senate Sponsor: Senator Tanksley of the 32nd.

The Senate Special Judiciary Committee offered the following substitute to HB 708:

A BILL

To be entitled an Act to amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of actions and service, so as to authorize waiver of service of a summons; to provide that waiving service does not waive any objection to venue or personal jurisdiction; to provide for a duty to avoid unnecessary costs in serving a summons; to provide for a request of waiver of service and its content, form, and manner of

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dispatch; to provide for imposition of costs in certain circumstances and to set out what costs shall be included; to provide for additional time for a defendant who waives service to answer the complaint; to provide for forms; to change cross-references to correlate with such amendment; to amend Code Section 9-6-63 of the Official Code of Georgia Annotated, relating to service of writ and process in actions seeking a writ of quo warranto, Code Section 911-30 of the Official Code of Georgia Annotated, relating to depositions upon oral examination, Code Section 9-1140 of the Official Code of Georgia Annotated, relating to the time and place of civil trials, Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures relative to violations of certain laws relating to controlled substances, Code Section 44-9-41 of the Official Code of Georgia Annotated, relating to petitions seeking an easement of private way, and Code Section 48-4-146.3 of the Official Code of Georgia Annotated, relating to forfeiture of property and proceeds obtained through Medicaid fraud, so as to change cross-references to correlate with the amendment of Code Section 9-11-4; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of actions and service, is amended by striking in its entirety Code Section 9-11-4, relating to process, and inserting in its place the following:
"9-11-4.
(a) Summons -- Issuance. Upon the filing of the complaint, the clerk shall forthwith issue a summons and deliver it for service. Upon request of the plaintiff, separate or additional summons shall issue against any defendants.
(b) Summons -- Form. The summons shall be signed by the clerk; contain the name of the court and county and the names of the parties; be directed to the defendant; state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address; and state the time within which this chapter requires the defendant to appear and file appropriate defensive pleadings with the clerk of the court, and shall notify the defendant that in case of his the defendant's failure to do so judgment by default will be rendered against him or her for the relief demanded in the complaint.
(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 such sheriff's deputy, or by the marshal or sheriff of the court, or by his such official's deputy, or by any citizen of the United States specially appointed by the court for that purpose, or by someone 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.
(d) Waiver of service.
(1) A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.
(2) Upon receipt of notice of an action in the manner provided in this subsection, the following defendants have a duty to avoid unnecessary costs of serving the summons:
(A) A corporation or association that:
(i) Is subject to service under paragraph (1) or (2) of subsection (e) of this Code section; and

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(ii) Receives notice of such action by an agent other than the Secretary of State; and
(B) A natural person who:
(i) Is not a minor; and
(ii) Has not been judicially declared to be of unsound mind or incapable of conducting his or her own affairs.
(3) To avoid costs, the plaintiff may notify such a defendant of the commencement of the action and request that the defendant waive service of a summons. The notice and request shall:
(A) Be in writing and shall be addressed directly to the defendant, if an individual, or else to an officer or managing or general agent or other agent authorized by appointment to receive service of process for a defendant subject to service under paragraph (1) or (2) of subsection (e) of this Code section;
(B) Be dispatched through first-class mail or other reliable means;
(C) Be accompanied by a copy of the complaint and shall identify the court in which it has been filed;
(D) Make reference to this Code section and shall inform the defendant, by means of the text prescribed in subsection (l) of this Code section, of the consequences of compliance and of failure to comply with the request;
(E) Set forth the date on which the request is sent;
(F) Allow the defendant a reasonable time to return the waiver, which shall be at least 30 days from the date on which the request is sent, or 60 days from that date if the defendant is addressed outside any judicial district of the United States; and
(G) Provide the defendant with an extra copy of the notice and request, as well as a prepaid means of compliance in writing.
(4) If a defendant located within the United States that is subject to service inside or outside the state under this Code section fails to comply with a request for a waiver made by a plaintiff located within the United States, the court shall impose the costs subsequently incurred in effecting service on the defendant unless good cause for the failure is shown.
(5) A defendant that, before being served with process, returns a waiver so requested in a timely manner is not required to serve an answer to the complaint until 60 days after the date on which the request for waiver of service was sent, or 90 days after that date if the defendant was addressed outside any judicial district of the United States.
(6) When the plaintiff files a waiver of service with the court, the action shall proceed, except as provided in paragraph (5) of this subsection, as if a summons and complaint had been served at the time of filing the waiver, and no proof of service shall be required.
(7) The costs to be imposed on a defendant under paragraph (4) of this subsection for failure to comply with a request to waive service of summons shall include the costs subsequently incurred in effecting service, together with the costs, including a reasonable attorney's fee, of any motion required to collect the costs of service.
(d)(e) Summons -- Personal service. Except for cases in which the defendant has waived service, the The summons and complaint shall be served together. The plaintiff shall furnish the clerk of the court with such copies as are necessary. Service shall be made by delivering a copy of the summons attached to a copy of the complaint as follows:
(1) If the action is against a corporation incorporated or domesticated under the laws of this state or a foreign corporation authorized to transact business in this state, to the president or other officer of the corporation, secretary, cashier, managing agent, or other agent thereof, provided that when for any reason service cannot be had in such

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manner, the Secretary of State shall be an agent of such corporation upon whom any process, notice, or demand may be served. Service on the Secretary of State of any such process, notice, or demand shall be made by delivering to and leaving with him or her or with any other person or persons designated by the Secretary of State to receive such service a copy of such process, notice, or demand, along with a copy of the affidavit to be submitted to the court pursuant to this Code section. The plaintiff or his the plaintiff's attorney shall certify in writing to the Secretary of State that he or she has forwarded by registered mail such process, service, or demand to the last registered office or agent listed on the records of the Secretary of State, that service cannot be effected at such office, and that it therefore appears that the corporation has failed either to maintain a registered office or to appoint a registered agent in this state. Further, if it shall appear from such certification that there is a last known address of a known officer of the corporation outside the state, the plaintiff shall, in addition to and after such service upon the Secretary of State, mail or cause to be mailed to the known officer at the address by registered or certified mail a copy of the summons and a copy of the complaint. Any such service by certification to the Secretary of State shall be answerable not more than 30 days from the date the Secretary of State receives such certification;
(2) If the action is against a foreign corporation or a nonresident individual, partnership, joint-stock company, or association, doing business and having a managing or other agent, cashier, or secretary within this state, to such agent, cashier, or secretary or to an agent designated for service of process;

(3) If against a minor, to the minor, personally, and also to his such minor's father or his , mother or his , guardian, or his duly appointed guardian ad litem unless the minor is married, in which case service shall not be made on the minor's father or his , mother, or his guardian;
(4) If against a person residing within this state who has been judicially declared to be of unsound mind or incapable of conducting his or her own affairs and for whom a guardian has been appointed, to the person and also to his such person's guardian and, if there is no guardian appointed, then to his or her duly appointed guardian ad litem;
(5) If against a county, municipality, city, or town, to the chairman of the board of commissioners, president of the council of trustees, mayor or city manager of the city or to an agent authorized by appointment to receive service of process. If against any other public body or organization subject to an action, to the chief executive officer or clerk thereof;
(6) If the principal sum involved is less than $200.00 and if reasonable efforts have been made to obtain personal service by attempting to find some person residing at the most notorious place of abode of the defendant, then by securely attaching the service copy of the complaint in a conspicuously marked and waterproof packet to the upper part of the door of the abode and on the same day mailing by certified or registered mail an additional copy to the defendant at his or her last known address, if any, and making an entry of this action on the return of service; or
(7) In all other cases to the defendant personally, or by leaving copies thereof at his the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or by delivering a copy of the summons and complaint to an agent authorized by appointment or by law to receive service of process.
(e)(f) Summons -- Other service.
(1) Service by Publication publication.
(A) General. When the person on whom service is to be made resides outside the state, or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself or herself to avoid the service of the summons, and the fact shall appear, by affidavit, to the satisfaction of the judge or clerk of the court, and it shall appear, either by affidavit or by a verified complaint on file, that a claim exists against the defendant in respect to whom the service is to be made, and that he or she is a necessary or proper party to the action, the judge or clerk may grant an order that the service be made by the publication of summons, provided that when the affidavit is based on the fact that the party on whom service is to be made resides outside the state, and the present address of the party is unknown, it shall be a sufficient showing of such fact if the affiant shall state generally in the affidavit that at a previous time such person resided outside this state in a certain place (naming the place and stating the latest date known to affiant when the party so resided there); that such place is the last place in which the party

Wednesday, March 15, 2000

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resided to the knowledge of affiant; that the party no longer resides at the place; that affiant does not know the present place of residence of the party or where the party can be found; and that affiant does not know and has never been informed and has no reason to believe that the party now resides in this state; and, in such case, it shall be presumed that the party still resides and remains outside the state, and the affidavit shall be deemed to be a sufficient showing of due diligence to find the defendant. This Code section shall apply to all manner of civil actions, including those for divorce.
(B) Property. In any action which relates to, or the subject of which is, real or personal property in this state in which any defendant, corporate or otherwise, has or claims a lien or interest, actual or contingent, or in which the relief demanded consists wholly or in part of excluding such defendant from any interest therein, where the defendant resides outside the state or has departed from the state, or cannot, after due diligence, be found within the state, or conceals himself or herself to avoid the service of summons, the judge or clerk may make an order that the service be made by publication of summons. The service by publication shall be made in the same manner as provided in all cases of service by publication.
(C) Publication. When the court orders service by publication, the clerk shall cause the publication to be made in the paper in which sheriff's advertisements are printed, four times within the ensuing 60 days, publications to be at least seven days apart. The party obtaining the order shall, at the time of filing, deposit the cost of publication. The published notice shall contain the name of the parties plaintiff and defendant, with a caption setting forth the court, the character of the action, the date the action was filed, the date of the order for service by publication, and a notice directed and addressed to the party to be thus served, commanding him or her to file with the clerk and serve upon the plaintiff's attorney an answer within 60 days of the date of the order for service by publication and shall bear teste in the name of the judge and shall be signed by the clerk of the court. Where the residence or abiding place of the absent or nonresident party is known, the party obtaining the order shall advise the clerk thereof; and it shall be the duty of the clerk, within 15 days after filing of the order for service by publication, to enclose, direct, stamp, and mail a copy of the notice, together with a copy of the order for service by publication and complaint, if any, to the party named in the order at his or her last known address, if any, and make an entry of this action on the complaint or other pleadings filed in the case. The copy of the notice to be mailed to the nonresident shall be a duplicate of the one published in the newspaper but need not necessarily be a copy of the newspaper itself. When service by publication is ordered, personal service of a copy of the summons, complaint, and order of publication outside the state in lieu of publication shall be equivalent to serving notice by publication and to mailing when proved to the satisfaction of the judge or otherwise. The defendant shall have 30 days from the date of such personal service outside the state in which to file defensive pleadings.
(2) Personal service outside the state. Personal service outside the state upon a natural person may be made: (A) in any action where the person served is a resident of this state, and (B) in any action affecting specific real property or status, or in any other proceeding in rem without regard to the residence of the person served. When such facts shall appear, by affidavit, to the satisfaction of the court and it shall appear, either by affidavit or by a verified complaint on file, that a claim is asserted against the person in respect to whom the service is to be made, and that he or she is a necessary or proper party to the action, the court may grant an order that the service be made by personal service outside the state. Such service shall be made by delivering a copy of the process together with a copy of the complaint in person to the persons served.
(f)(g) Territorial limits of effective service. All process may be served anywhere within the territorial limits of the state and, when a statute so provides, beyond the territorial limits of the state.
(g)(h) Return. The person serving the process shall make proof of service thereof to the court promptly and, in any event, within the time during which the person served must respond to the process. Proof of service shall be as follows:
(1) If served by a sheriff or marshal, or his such official's deputy, the affidavit or certificate of the sheriff, marshal, or deputy;
(2) If by any other proper person, his such person's affidavit thereof;
(3) In case of publication, the certificate of the clerk of court certifying to the publication and mailing; or

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(4) The written admission or acknowledgment of service by the defendant.
In the case of service otherwise than by publication, the certificate or affidavit shall state the date, place, and manner of service. Failure to make proof of service shall not affect the validity of the service.
(h)(i) Amendment. At any time in its discretion and upon such terms as it deems just, the court may allow any process or proof of service thereof to be amended, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the process issued.
(i)(j) Alternative service. The methods of service provided in this Code section are cumulative and may be utilized with, after, or independently of other methods of service. Whenever a statute provides for another method of service, service may be made under the circumstances and in the manner prescribed by the statute or under any other methods prescribed in this Code section. The provisions for service by publication provided in this Code section shall apply in any action or proceeding in which service by publication may be authorized by law; and, where by law special provision is made for service by publication, the procedure for such service by publication provided in this Code section may be utilized in lieu thereof. In all cases or special proceedings where the requirements or procedure for service, or both, are not prescribed by law and in any situation where the provisions therefor are not clear or certain, the court may prescribe service according to the exigencies of each case, consistent with the Constitution.
(j)(k) Service in probate courts and special statutory proceedings. The methods of service provided in this Code section may be used as alternative methods of service in proceedings in the probate courts and in any other special statutory proceedings and may be used with, after, or independently of the method of service specifically provided for in any such proceeding; and, in any such proceeding, service shall be sufficient when made in accordance with the statutes relating particularly to the proceeding or in accordance with this Code section.
(l) Forms.
NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS
TO: (Name of individual defendant or name of officer or agent of corporate defendant) as (title, or other relationship of individual to corporate defendant) of (name of corporate defendant to be served, if any)
A lawsuit has been commenced against you (or the entity on whose behalf you are addressed). A copy of the complaint is attached to this notice. The complaint has been filed in the (court named on the complaint) for the State of Georgia in and for the County of (county) and has been assigned (case number of action).
This is not a formal summons or notification from the court, but rather my request pursuant to Code Section 9-11-4 of the Official Code of Georgia Annotated that you sign and return the enclosed Waiver of Service in order to save the cost of serving you with a judicial summons and an additional copy of the complaint. The cost of service will be avoided if I receive a signed copy of the waiver within 30 days (or 60 days if located outside any judicial district of the United States) after the date designated below as the date on which this Notice of Lawsuit and Request for Waiver of Service of Summons is sent. I enclose a stamped and addressed envelope (or other means of cost-free return) for your use. An extra copy of the Waiver of Service is also attached for your records. YOU ARE ENTITLED TO CONSULT WITH YOUR ATTORNEY REGARDING THIS MATTER.
If you comply with this request and return the signed Waiver of Service, the waiver will be filed with the court and no summons will be served on you. The action will then proceed as if you had been served on the date the waiver is filed except that you will not be obligated to answer or otherwise respond to the complaint within 60 days from the date designated below as the date on which this notice is sent (or within 90 days from that date if your address is not in any judicial district of the United States).
If you do not return the signed waiver within the time indicated, I will take appropriate steps to effect formal service in a manner authorized by the Georgia Rules of Civil Procedure and then, to the extent authorized by those rules, I

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will ask the court to require you (or the party on whose behalf you are addressed) to pay the full cost of such service. In that connection, please read the statement concerning the duty of parties to avoid unnecessary costs of service of summons, which is set forth on the Notice of Duty to Avoid Unnecessary Costs of Service of Summons enclosed herein.

I affirm that this Notice of Lawsuit and Request for Waiver of Service of Summons is being sent to you on behalf of

the Plaintiff on this day of

.

________________________________

Signature of plaintiff's attorney

or

Unrepresented plaintiff

WAIVER OF SERVICE OF SUMMONS

To: (Name of plaintiff's attorney or unrepresented plaintiff)

I acknowledge receipt of your request that I waive service of a summons in the action of (caption of action), which is case number (docket number) in the (name of court) of the State of Georgia in and for the County of (county). I have also received a copy of the complaint in the action, two copies of this instrument, and a means by which I can return the signed waiver to you without cost to me. I understand that I am entitled to consult with my own attorney regarding the consequences of my signing this waiver.

I agree to save the cost of service of a summons and an additional copy of the complaint in this lawsuit by not requiring that I (or the entity on whose behalf I am acting) be served with judicial process in the manner provided by the Georgia Rules of Civil Procedure.

I (or the entity on whose behalf I am acting) will retain all defenses or objections to the lawsuit or to the jurisdiction or venue of the court except for objections based on a defect in the summons or in the service of the summons.

I understand that a judgment may be entered against me (or the entity on whose behalf I am acting) if an answer is not served upon you within 60 days after the date this waiver was sent, or within 90 days after that date if the request for the waiver was sent outside the United States.

This

day of

,

.

(Signed)

as (title)

____________________________________ (Printed or typed name of defendant)

of (name of corporate defendant, if any)

NOTICE OF DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS

Subsection (d) of Code Section 9-11-4 of the Official Code of Georgia Annotated requires certain parties to cooperate in saving unnecessary costs of service of the summons and the pleading. A defendant located in the United States who, after being notified of an action and asked by a plaintiff located in the United States to waive service of a summons, fails to do so will be required to bear the cost of such service unless good cause be shown for such defendant's failure to sign and return the waiver.

It is not good cause for a failure to waive service that a party believes that the complaint is unfounded, or that the action has been brought in an improper place or in a court that lacks jurisdiction over the subject matter of the action or over its person or property. A party who waives service of the summons retains all defenses and objections (except any relating to the summons or to the service of the summons), and may later object to the jurisdiction of the court or to the place where the action has been brought.

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A defendant who waives service must, within the time specified on the waiver form, serve on the plaintiff's attorney (or unrepresented plaintiff) a response to the complaint and also must file a signed copy of the response with the court. If the answer is not served within this time, a default judgment may be taken against that defendant. By waiving service, a defendant is allowed more time to answer than if the summons had been actually served when the request for waiver of service was received."
SECTION 2.
Code Section 9-6-63 of the Official Code of Georgia Annotated, relating to service of writ and process in actions seeking a writ of quo warranto, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c) Service of the writ and process in such proceeding upon a resident of this state who is temporarily residing or sojourning outside this state may be perfected in the same manner as is provided for service of process by publication as set forth in paragraph (1) of subsection (e) (f) of Code Section 9-11-4 or personal service outside the state as set forth in paragraph (2) of subsection (e) (f) of Code Section 9-11-4. When service is perfected upon any such person as provided for in the aforesaid Code section, then the person shall be bound by the final decision of the proceedings as fully as though the person had been personally served within this state."
SECTION 3.
Code Section 9-11-30 of the Official Code of Georgia Annotated, relating to depositions upon oral examination, is amended by striking it its entirety subsection (a) and inserting in lieu thereof the following:
"(a) When depositions may be taken. After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of 30 days after service of the summons and complaint upon any defendant or service made under subsection (e) (f) of Code Section 9-11-4, except that leave is not required if a defendant has served a notice of taking deposition or otherwise sought discovery or if special notice is given as provided in paragraph (2) of subsection (b) of this Code section. The attendance of witnesses may be compelled by subpoena as provided in Code Section 9-11-45. The deposition of a person confined in a penal institution may be taken only by leave of court on such terms as the court prescribes."
SECTION 4.
Code Section 9-11-40 of the Official Code of Georgia Annotated, relating to the time and place of civil trials, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) Time of trial. All civil cases, including divorce and other domestic relations cases, shall be triable any time after the last day upon which defensive pleadings were required to be filed therein; provided, however, that the court shall in all cases afford to the parties reasonable time for discovery procedures, subsequent to the date that defensive pleadings were required to be filed; provided, further, that, in divorce cases involving service by publication, service shall occur on the date of the first publication of notice following the order for service of publication pursuant to subparagraph (e)(1)(C) (f)(1)(C) of Code Section 9-11-4, and such divorce cases shall be triable any time after 60 days have elapsed since the date of the first publication of notice."
SECTION 5.
Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures relative to violations of certain laws relating to controlled substances, is amended by striking in its entirety subparagraph (o)(2)(A) and inserting in lieu thereof the following:
"(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) (e) of Code Section 9-11-4."

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SECTION 6.

Code Section 44-9-41 of the Official Code of Georgia Annotated, relating to petitions seeking an easement of private way, is amended by striking in its entirety paragraph (4) and inserting in lieu thereof the following:

"(4) In the event any of the owners are minors or persons non compos mentis, the petition shall so state, in which case the petition shall be served on each minor defendant and each non compos mentis defendant in the same manner as provided by paragraph (3) of subsection (d) (e) of Code Section 9-11-4; and"
SECTION 7.

Code Section 49-4-146.3 of the Official Code of Georgia Annotated, relating to forfeiture of property and proceeds obtained through Medicaid fraud, is amended by striking in its entirety subparagraph (o)(2)(A) and inserting in lieu thereof the following:

"(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) (e) of Code Section 9-11-4."

SECTION 8.

This Act shall become effective on July 1, 2000, and shall apply to civil actions filed on or after such date.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted.

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

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

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

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

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

On the passage of the bill, the yeas were 45, nays 0.

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

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HB 1247. By Representatives Jennings of the 63rd, Davis of the 60th, Smith of the 103rd and others:
A bill to be entitled an Act to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to provide an ad valorem tax exemption with respect to property of Elks Lodges; to provide for conditions and limitations; to provide for applicability; to provide for effective dates; to provide for a special election; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Thomas of the 54th.
The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
January 14, 2000
The Honorable Paul Jennings State Representative Legislative Office Building, Room 601 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1247 (LC 18 9759)
Dear Representative Jennings:
This bill would allow voters in a referendum in November, 2000, to approve or refuse an exemption from ad valorem taxes for property owned by a lodge of the Benevolent and Protective Order of Elks (BPOE) and used exclusively for charitable, fraternal, or benevolent purposes. If approved, the exemption would become effective on January 1, 2001.
The value and county location in 2001 of property owned by an Elks lodge and used exclusively for charitable, fraternal, or benevolent purposes is not readily predictable. Without information as to taxable values and mileage rates that apply, the revenue loss to be expected for the local and state governments cannot be gauged. However, data is available for asset values in Georgia of non-profit organizations who are engaged in charitable and benevolent activities and who are registered under sections 501(c) or 170(c) of the Internal Revenue Code. Taking the interquartile range of asset values for these organizations and an average tax rate of 30 mills, the likely range of revenue loss to be expected for local governments and for the State for exemption the property of one organization like the BPOE lodge has been determined. In projecting property values to 2001, a growth rate of 4.2 percent per year matching that of residential properties in the 1990s has been used.
For a charitable and benevolent organization like an Elks lodge, the proposed exemption in tax-year 2001 would reduce the property tax revenues of local governments by $24 to $33 thousand and revenues of the State by less than one-thousand dollars.

Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Bill Tomlinson Director, Office of Planning and Budget

Wednesday, March 15, 2000

1427

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

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

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

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

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

On the passage of the bill, the yeas were 45, nays 0.

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

The following communication was received by the Secretary:

I meant to vote Yea on HB 1247. Apparently light was not activated.
/s/ Senator Gingrey District 37

HB 1186. By Representatives Channell of the 111th, Jamieson of the 22nd, Parrish of the 144th and Scarlett of the 174th:

A bill to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to define certain terms; to provide for procedures relative to such excise taxes; to provide punishments and penalties for certain violations relative to such excise taxes; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Smith of the 25th.

The Senate Finance and Public Utilities Committee offered the following substitute to HB 1186:

A BILL

To be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to define certain terms; to change certain provisions regarding exemptions with respect to certain government officials or employees; to provide for procedures relative to such excise taxes; to provide punishments and penalties for certain violations relative to such excise taxes; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.
Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, is amended by adding a new Code Section 48-13-50.2 to read as follows:
"48-13-50.2.
As used in this article, the term:
(1) 'Innkeeper' means any person who is subject to taxation under this article for furnishing for value to the public any rooms, lodgings, or accommodations.
(2) 'Promoting tourism, conventions, and trade shows' means planning, conducting, or participating in programs of information and publicity designed to attract or advertise tourism, conventions, or trade shows."
SECTION 1A.
Said article is further amended by striking subparagraph (a)(1)(C) of Code Section 48-13-51, relating to county and municipal levies on public accommodations charges, and inserting in lieu thereof the following:
"(C)(i) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty. The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter. The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge.
(ii) The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local governmental officials or employees when traveling on official business. Notwithstanding the availability of any other means of identifying the person as a state or local government official or employee, whenever a person pays for any rooms, lodgings, or accommodations with a state or local government credit or debit card, such rooms, lodgings, or accommodations shall be deemed to have been furnished for use by a Georgia state or local government official or employee traveling on official business for purposes of the exemption provided by this division."
SECTION 2.
Said article is further amended by striking Code Section 48-13-53, relating to procedures relative to excise taxes on rooms, lodgings, and accommodations, and inserting in lieu thereof the following:
"48-13-53.
Except as otherwise specifically provided in Code Section 48-13-51 this article , the rate of taxation, the manner of imposition, payment, and collection of the tax, and all other procedures related to the tax shall be as provided by each county and municipality electing to exercise the powers conferred by this article."
SECTION 3.
Said article is further amended by adding new Code Sections 48-13-53.1 through 48-13-53.6 to read as follows:
"48-13-53.1.
If any innkeeper liable for any tax, interest, or penalty imposed by this article sells his or her business or quits the business, he or she shall make a final return and payment within 15 days after the date of selling or quitting the

Wednesday, March 15, 2000

1429

business. The innkeeper's successor or assigns, if any, shall withhold a sufficient amount of the purchase money to cover the amount of the taxes, interest, and penalties due under this article and unpaid until the former owner produces either a receipt from the governing authority imposing the tax showing that the taxes, interest, and penalties due under this article have been paid or a certificate from the governing authority imposing the tax stating that no tax, interest, or penalty is due under this article. If the purchaser of a business fails to withhold the purchase money as required by this Code section, he or she shall be personally liable for the payment of any taxes, interest, and penalties accruing under this article and unpaid by any former owner or assignor. The personal liability of the purchaser in such a case shall not exceed the amount of the total purchase money, but the property being transferred shall in all cases be subject to the full amount of the tax lien arising from the delinquencies of the former owner. Paid executions may be transferred and enforced as otherwise provided by law.
48-13-53.2.
(a) Each innkeeper, on or before the twentieth day of each month, shall transmit returns and remit taxes due to any applicable governing authority imposing a tax under this article showing the gross charges taxable under this article during the preceding calendar month. The governing authority imposing the tax may provide by resolution or ordinance for quarterly or annual returns. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the governing authority imposing the tax.
(b) As used in this subsection, the term 'estimated tax liability' means an innkeeper's tax liability under this article, adjusted to account for any subsequent change in the rate of tax imposed under this article or any substantial change in circumstances due to damage to the premises, based on his or her average monthly payments for the last fiscal year. If the estimated tax liability of an innkeeper for any taxable period exceeds $2,500.00, the innkeeper shall file a return and remit to the governing authority imposing the tax not less than 50 percent of the estimated tax liability for the taxable period on or before the twentieth day of the period. The amount of the payment of the estimated tax liability shall be credited against the amount to be due on the return required under subsection (a) of this Code section. This subsection shall not apply to any innkeeper unless during the previous fiscal year the innkeeper's monthly payments exceeded $2,500.00 per month for three consecutive months or more.
48-13-53.3.
(a)(1) The governing authority imposing a tax under this article may, for good cause, extend the time for making any returns required under this article for not more than 30 days.
(2) No extension granted pursuant to paragraph (1) of this subsection shall be valid unless granted in writing upon written application, and then the extension shall only be valid for a period, as appropriate, of not more than 12 consecutive months or four consecutive calendar quarters.
(3) Upon the grant of any extension authorized by this subsection, the innkeeper shall remit to the governing authority imposing a tax under this article on or before the date the tax would otherwise become due without the grant of the extension an amount which equals not less than 100 percent of the innkeeper's payment for the corresponding period of the preceding tax year.
(4) No interest or penalty shall be charged by reason of the granting of an extension pursuant to this subsection during the first ten days of each extension period. Thereafter, interest shall be collected upon the unpaid balance of the innkeeper's liability at the rate specified in Code Section 48-2-40.
(b) In the event any innkeeper fails to make a return and pay the tax as provided by this article or makes a grossly incorrect return or a return that is false or fraudulent, the governing authority imposing a tax under this article shall make an estimate for the taxable period of taxable charges of the innkeeper. Based upon its estimate, the governing authority shall assess and collect the taxes, interest, and penalties, as accrued, on the basis of the assessments.
48-13-53.4.
(a) Each innkeeper required to make a return and pay any tax under this article shall keep and preserve:

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(1) Suitable records of the charges taxable under this article; and
(2) Other books of account which are necessary to determine the amount of tax due.
(b) All books, invoices, and other records required by this Code section to be kept shall be open to examination at all reasonable hours by the governing authority imposing a tax under this article.
(c) Any examination by a governing authority imposing a tax under this article of the records of an innkeeper for purposes of this Code section shall be based primarily upon the most recent sales tax audit report on the innkeeper as may be furnished by the commissioner pursuant to Code Section 48-2-16. Information secured by the local governing authority incident to any such examination shall be confidential and privileged to the same extent as provided by Code Section 48-2-15 for tax information secured by the commissioner.
48-13-53.5.
Any assessment of an innkeeper pursuant to this article by the governing authority imposing a tax under this article shall be deemed prima facie correct.
48-13-53.6.
The tax imposed by this article shall become delinquent for each month after the twentieth day of each succeeding month during which it remains unpaid."
SECTION 4.
Said article is further amended by adding new Code Sections 48-13-57 through 48-13-63 to read as follows:
"48-13-57.
The provisions of Code Section 48-2-41, relating to authority to waive interest on unpaid taxes; Code Section 48-243, relating to authority to waive penalties; and Code Section 48-2-49, relating to periods of limitation for assessment of taxes imposed by this title, shall apply to taxes imposed by any local governing authority pursuant to this article, provided that the local governing authority shall stand in lieu of the commissioner, and the county or municipality shall stand in lieu of the state for purposes of this Code section.
48-13-58.
(a) When any innkeeper fails to make any return or to pay the full amount of the tax required by this article, there shall be imposed, in addition to other penalties provided by law, a penalty to be added to the tax in the amount of 5 percent or $5.00, whichever is greater, if the failure is for not more than 30 days and an additional 5 percent or $5.00, whichever is greater, for each additional 30 days or fraction of 30 days during which the failure continues. The penalty for any single violation shall not exceed 25 percent or $25.00 in the aggregate, whichever is greater. If the failure is due to providential cause shown to the satisfaction of the governing authority imposing a tax under this article in affidavit form attached to the return and remittance is made within ten days of due date, the return may be accepted exclusive of penalties and interest. In the case of a false or fraudulent return or of a failure to file a return where willful intent exists to defraud the governing authority of any tax due under this article, a penalty of 50 percent of the tax due shall be assessed.
(b) All civil penalties and interest added to any tax imposed under this article and collected by a county or municipality shall be included as revenue derived from such tax for purposes of the expenditure requirements imposed on such county or municipality as provided by this article.
48-13-59.
(a) It shall be unlawful for any innkeeper to fail, neglect, or refuse to collect the tax provided in this article, either by himself or herself or through his or her agents or employees.

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(b) In addition to the penalty of being liable for and paying the tax himself or herself, any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $100.00 or imprisonment in the county jail for not more than three months, or both.

48-13-60.

(a) It shall be unlawful for any innkeeper required by this article to make, render, sign, or verify any return to make a false or fraudulent return with intent to evade the tax levied by this article.

(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100.00 nor more than $300.00 or confinement in the county jail for not less than 30 days nor more than three months, or both fine and confinement.

48-13-61.

(a) It shall be unlawful for any innkeeper subject to this article to fail or refuse to furnish any return required to be made by this article or to fail or refuse to furnish a supplemental return or other data required by the governing authority imposing a tax under this article.

(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.

48-13-62.

(a) It shall be unlawful for any innkeeper subject to this article to fail to keep records or to fail to open the records to inspection as required by law.

(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.

48-13-63.

(a) It shall be unlawful for any innkeeper to violate any other provision of this article for which punishment is not otherwise provided.

(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor."

SECTION 4A.

This section, Section 1A, and Section 5 of 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. The remaining sections of this Act shall become effective July 1, 2000.

SECTION 5.

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

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

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

Y Balfour Y Blitch Y Bowen Y Broun

Y Hamrick Harbison
Y Hecht Y Hill

Y Price,R Y Price,T Y Ragan
Ray

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

Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

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

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

HB 1097. By Representatives Hugley of the 133rd, Mobley of the 69th, Taylor of the 134th and Davis of the 132nd:

A bill to amend Code Section 16-5-90 of the Official Code of Georgia Annotated, relating to stalking, so as to provide additional definitions; to prohibit certain contact including but not limited to communication in person, by telephone, by broadcast, by computer, by computer network, or by any other electronic device; and for other purposes.

Senate Sponsor: Senator Kemp of the 3rd.

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

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

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

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

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

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

Wednesday, March 15, 2000

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The bill, having received the requisite constitutional majority, was passed.
HB 182. By Representatives Martin of the 47th, Teper of the 61st, Bordeaux of the 151st and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the creation of the juvenile courts and their jurisdiction, administration, and expenses; and for other purposes.
Senate Sponsor: Senator Kemp of the 3rd.
The Senate Judiciary Committee offered the following substitute to HB 182:
A BILL
To be entitled an Act to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to provide for the creation of the juvenile courts and their jurisdiction, administration, and expenses; to provide for fulfilling preexisting terms; to provide for appointment, terms, benefits, and qualifications of juvenile court judges; to provide for contributions toward the salary of juvenile court judges on a per circuit basis by state grants; to provide for the amount of such grants; to provide that such grants shall be used solely for salaries of juvenile court judges; to provide for full-time, part-time, county-wide, and circuit-wide juvenile court judges; to provide for publication of notice of a vacancy on the juvenile court; to provide for presiding judges; to change rules relating to the practice of law by juvenile court judges; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, is amended by striking in its entirety Code Section 15-11-18, relating to the creation of juvenile courts and judges' terms, compensation, qualifications, actions, practice of law, and pensions, and inserting in its place the following:
"15-11-18.
(a) Creation. There is created a juvenile court in every county in the state.
(b) Appointment; authority; judgeships in existence on or before July 1, 1983 July 1, 2000. The judge or a majority of the judges of the superior court in each circuit in the state may appoint one or more qualified persons as judge of the juvenile courts of the circuit, unless otherwise provided by a local Act. Such superior court judge or judges shall establish the total number of circuit-wide juvenile court judges and shall establish whether the judge or judges shall be full time or part time, or a combination of full time and part time. Each circuit-wide judge appointed will have the authority to act as judge of each juvenile court in each county of the circuit. If no person is appointed as a juvenile court judge for the circuit, then the superior court judge or judges of the circuit shall assume the duties of the juvenile court judge in all counties in the circuit in which a separate juvenile court judgeship had not been established as part of the duties of the superior court judge. All juvenile court judgeships, their methods of compensation, selection, and operation, established on or before July 1, 1983 July 1, 2000, shall continue until such time as a as one or more circuit-wide juvenile court judge is judges are appointed or until terminated by two successive recommendations of the grand juries of the county with the concurrence of the judge or judges of the superior court of the circuit. However, in any circuit where a superior court judge assumes the duties of the juvenile court judge, such circuit shall not be entitled to the state funds provided for in subsection (d) of this Code section.
(c) Fulfilling preexisting terms; jurisdiction. When a When one or more circuit-wide juvenile court judge is judges are appointed, any juvenile court judge in office at that time shall be authorized to fulfill his or her term of office. The jurisdiction of each judge shall be circuit wide.

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(d) Terms and compensation of judges.
(1) Each juvenile court judge appointed under this article Code section shall serve for a term of four years equal to that of the superior court judges of the circuit. Except as otherwise provided by law, the compensation of the juvenile judge shall be set by the judge or judges of the superior court with the approval of the governing authority or governing authorities of the county or counties for which he is appointed. Except as otherwise provided by law, the compensation of the full-time or part-time juvenile court judges shall be set by the superior court as provided in subsection (h) of this Code section with the approval of the governing authority or governing authorities of the county or counties for which the juvenile court judge is appointed.
(2) The state, out of funds appropriated to the judicial branch of government, shall contribute toward the salary of the judges on a per circuit basis in the following amounts:
(A)-Circuits with a population of 400,000 or more according to the United States decennial census of 1980 or any future such census................................................................................$35,000.00 (A) Each circuit with one or more juvenile court judges who are not superior court judges assuming the duties of juvenile court judges shall receive a state grant of $74,000.00. Such state funds shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes.
(B)-Circuits with a population of 150,000 or more but less than 400,000 according to the United States decennial census of 1980 or any future such census.................................................25,000.00
(B) In addition to the base amount set out in subparagraph (A) of this paragraph, each circuit which on or after July 1, 2000, has more than four superior court judges is eligible for additional state grants. For each superior court judge who exceeds the base of four judges, the circuit shall be eligible for an additional grant in an amount equal to one-fourth of the base amount of the state grant set out in subparagraph (A) of this paragraph. Such additional state grants shall be spent solely on salaries for juvenile court judges and shall not be used for any other purposes.
(C)-Circuits with a population of 100,000 or more but less than 150,000 according to the United States decennial census of 1980 or any future such census.................................................15,000.00
(C) In those circuits where the judge or judges of the superior court elect to use the state grant provided in this Code section for one or more part-time judges, the amount of the state grant shall be as follows:
(i) For each part-time judge who works one day weekly...........................................$14,800.00
(ii) For each part-time judge who works two days weekly...........................................29,600.00
(iii) For each part-time judge who works three days weekly........................................44,400.00
(iv) For each part-time judge who works four days weekly.........................................59,200.00;
provided, however, that a grant for one or more part-time judges shall not exceed the amount the circuit is eligible for in accordance with subparagraphs (A) and (B) of this paragraph.
(D)-Circuits with a population of 70,000 or more but less than 100,000 according to the United States decennial census of 1980 or any future such census...................................................10,000.00
(E)-Circuits with a population of less than 70,000 according to the United States decennial census of 1980 or any future such census........................................................................................5,000.00
No state funds shall be available for the above contributions toward the salary of the judges on a per circuit basis until the General Assembly has appropriated funds for that specific purpose.

Wednesday, March 15, 2000

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(2)-The remaining amount of the salary of the juvenile judge provided for in paragraph (1) of this subsection shall be paid by the counties comprising the judicial circuit in the ratio which the population of the county bears to the total population of the counties comprising said circuit as shown by the latest official decennial census.
(3) After the initial appointments and prior to any subsequent appointment or reappointment of any part-time or fulltime juvenile court judge under this Code section the judge or judges responsible for making the appointment shall publish notice of the opening on the juvenile court once a month for three months prior to such appointment or reappointment in the official legal organs of each of the counties in the circuit where the juvenile court judge has venue. The expense of such publication shall be paid by the county governing authority in the county where such notice or notices are published.
(e) Qualifications of judges. No person shall be judge of the juvenile court unless, at the time of his or her appointment, he or she has attained the age of 30 years, has been a citizen of the state for three years, and has practiced law for three five years. A juvenile court judge shall be eligible for reappointment.
(f) Presiding judge. In the event that more than one juvenile court judge is appointed, one shall be designated presiding judge.
(g) Practice of law by judges. It shall be unlawful for the judge of any full-time juvenile court judge to engage directly or indirectly in the any practice of law outside his or her role as a juvenile court judge. It shall be unlawful for a part-time judge of any juvenile court to engage directly or indirectly in the practice of law in his or her own name or in the name of another as a partner or in any manner in any case, proceeding, or matter of any kind in his or her own court or in any other court in any case, proceeding, or any other matters of which his or her own court has pending jurisdiction or has had jurisdiction. It shall be unlawful for any juvenile court judge, full time or part time, to give advice or counsel to any person on any matter of any kind whatsoever which has arisen directly or indirectly in his or her own court, except such advice or counsel as he or she is called upon to give while performing his the duties as of a juvenile court judge.
(h) Action by superior court judges. In any case in which action under this Code section is to be taken by the superior court judge of the circuit, such action shall be taken as follows:
(1) Where there are one or two judges, such action shall be taken by the chief judge of the circuit; and
(2) Where there are more than two judges, such action shall be taken by a majority vote of the judges of the circuit. by a majority vote of the judges of the superior court of the judicial circuit encompassing the county where there are more than two superior court judges. Where there are two superior court judges of a county or judicial circuit encompassing a county, any action under this Code section shall be taken by the chief judge of the superior court circuit.
(i) Administration and expenses. Each juvenile court created under this article shall be assigned and attached to the superior court of the county for administrative purposes. The governing authority of the county where the main office of the chief superior court judge or sole superior court judge of the circuit is located shall offer the juvenile court judge or judges insurance benefits and any other benefits except retirement or pension benefits equivalent to those offered to employees of the county. Where there is more than one county in the circuit, the county or counties where the main office of the chief superior court judge or sole superior court judge of the county is not located shall pay a pro rata share, based on county population, of the benefits provided to juvenile court judges by the county where the main office of the chief superior court judge or sole superior court judge of the circuit is located. Counties shall continue to provide membership in retirement plans available to county employees for any juvenile court judge in office before July 1, 1998, who did not become a member of the Georgia Judicial Retirement System provided by Chapter 23 of Title 47. Except as otherwise provided by subsection (d) of this Code section, all All expenditures of the court are declared to be an expense of the court and payable out of the county treasury with the approval of the governing authority or governing authorities of the county or counties for which he the juvenile court judge is appointed.
(j) Applicability.

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(1) To the extent that the provisions of this Code section conflict with a local constitutional amendment authorizing the election of a juvenile court judge and with the provisions of a local Act authorized by such local constitutional amendment to provide for the term of office, vacancies in office, qualifications, compensation, and full-time or parttime status of a juvenile court judge or judges, the provisions of such local constitutional amendment and such local Act shall govern.

(2) The state grants provided by subsection (d) of this Code section shall be provided to any circuit encompassing a juvenile court governed by the provisions of a local constitutional amendment and a local Act in the same manner as other circuits, except that, in any circuit with one or more elected juvenile court judges, the elected juvenile court judge who is senior in duration of service as a juvenile court judge shall establish, subject to other applicable provisions of law, the total number of circuit-wide juvenile court judges, whether the judge or judges shall be full time or part time or a combination of full time and part time, and the compensation of any part-time juvenile court judge or judges."

SECTION 2.

The provisions of this Act amending subsection (i) of Code Section 15-11-18 shall become effective January 1, 2001. All other provisions of this Act shall become effective July 1, 2000.

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

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

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

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

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

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HB 1465. By Representatives Lane of the 146th, Morris of the 155th, Stokes of the 92nd and others:

A bill to be entitled an Act to amend Code Section 27-3-15 of the Official Code of Georgia Annotated, relating to seasons and bag limits, rules and regulations, reporting the number of deer killed, and related matters, so as to increase the bag limit for deer; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Gillis of the 20th.

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

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

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

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

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

On the passage of the bill, the yeas were 44, nays 0.

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

Senator Price of the 56th asked unanimous consent that Senator Egan of the 40th be excused. The consent was granted, and Senator Egan was excused.

The Calendar was resumed.

HB 1430. By Representatives Royal of the 164th, Walker of the 141st, Stancil of the 16th and others:
A bill to be entitled an Act to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, so as to change certain provisions regarding approval of local government service delivery strategies; to provide for comprehensive procedures regarding mediation and dispute resolution regarding city and county service delivery strategies; to provide for mandatory mediation; to provide for superior court hearings; to provide for sanctions and enforcement; to change certain provisions regarding strategy review and revision; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Thomas of the 10th.

The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1430:

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A BILL
To be entitled an Act to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, so as to change certain provisions regarding approval of local government service delivery strategies; to provide for comprehensive procedures regarding mediation and dispute resolution regarding city and county service delivery strategies; to provide for mandatory mediation; to provide for superior court hearings; to provide for sanctions and enforcement; to change certain provisions regarding strategy review and revision; to 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 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, is amended by striking Code Section 36-70-25, relating to approval of local government service delivery strategies, and inserting in its place new Code Sections 36-70-25 and 36-70-25.1 to read as follows:
"36-70-25.
(a) Approval of the local government service delivery strategy shall be accomplished as provided for in this Code section.
(b) The county and each municipality within the county shall participate in the development of the strategy. Approval of the strategy shall be accomplished by adoption of a resolution:
(1) By the county governing authority;
(2) By the governing authority of municipalities located within the county which have a population of 9,000 or greater within the county;
(3) By the municipality which serves as the county site if not included in paragraph (2) of this subsection; and
(4) By no less than 50 percent of the remaining municipalities within the county which contain at least 500 persons within the county if not included in paragraph (2) or (3) of this subsection.
(c) For the purpose of determining population, the population in the most recent United States decennial census shall be utilized.
(d)-If a county and the necessary number of cities in the county cannot reach an agreement on the strategy, a means for facilitating an agreement through some form of alternative dispute resolution shall be employed. Where the alternative dispute resolution action is unsuccessful, the neutral party or parties shall prepare a report which shall be provided to each governing authority and made a public record. The cost of alternative dispute resolution authorized by this subsection shall be shared by the parties to the dispute pro rata based on each party's population according to the most recent United States decennial census. The county's share shall be based upon the unincorporated population of the county.
(e)(d) The adoption of a service delivery strategy specified in Code Section 36-70-21 may be extended to a date certain no later than 120 days following the date otherwise specified in Code Section 36-70-21 upon written agreement of the local governments enumerated in subsection (b) of this Code section. In the event such an agreement is executed, the sanctions specified in Code Section 36-70-27 shall not apply until on and after such extended date.
36-70-25.1.

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(a) As used in this Code section, the term 'affected municipality' means each municipality required to adopt a resolution approving the local government service delivery strategy pursuant to subsection (b) of Code Section 3670-25.
(b) If a county and the affected municipalities in the county do not reach an agreement on a service delivery strategy, the provisions of this Code section shall be followed as the process to resolve the dispute.
(c) If a county and the affected municipalities in the county are unable to reach an agreement on the strategy prior to the imposition of the sanctions provided in Code Section 36-70-27, a means for facilitating an agreement through some form of alternative dispute resolution shall be employed. Where the alternative dispute resolution action is unsuccessful, the neutral party or parties shall prepare a report which shall be provided to each governing authority and made a public record. The cost of alternative dispute resolution authorized by this subsection shall be shared by the parties to the dispute pro rata based on each party's population according to the most recent United States decennial census. The county's share shall be based upon the unincorporated population of the county.
(d) In the event that the county and the affected municipalities in the county fail to reach an agreement after the impositions of sanctions provided in Code Section 36-70-27, then the following process is available to the parties:
(1)(A) The county or any affected municipality located within the county may file a petition in superior court of the county seeking mandatory mediation. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the county is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit.
(B) The visiting or senior judge shall appoint a mediator within 30 days of receipt of the petition. Mediation shall commence within 30 days of the appointment of a mediator. The mandatory mediation process shall be completed within 60 days following the appointment of the mediator. A majority of the members of the governing body of the county and each affected municipality shall attend the initial mediation. Following the initial meeting, the mediation shall proceed in the manner established at the initial meeting. If there is no agreement on how the mediation should proceed, a majority of the members of the governing body of the county and each affected municipality shall be required to attend each mediation session unless another process is agreed upon. Unless otherwise provided in accordance with paragraph (2) of this subsection, the cost of alternative dispute resolution authorized by this subsection shall be shared by the parties to the dispute pro rata based on each party's population according to the most recent United States decennial census.
(C) During the mediation process described in this subsection, the sanctions imposed pursuant to Code Section 3670-27 may, by order of the court, be held in abeyance by the judge against any or all of the parties participating in such mediation process.
(D) The judge may, by order of the court, substitute any mediation entered into pursuant to subsection (b) of this Code section for the mediation required pursuant to this subsection.
(2) If no service delivery strategy has been submitted for verification to the Department of Community Affairs at the conclusion of the mediation, any aggrieved party may petition the superior court and seek resolution of the items remaining in dispute. The visiting or senior judge shall conduct an evidentiary hearing or hearings as such judge deems necessary and render a decision with regard to the disputed items. In rendering the decision, the judge shall consider the required elements of a service delivery strategy with a goal of achieving the intent of this article as specified in Code Section 36-70-20. It shall be in the discretion of the judge to hold the sanctions specified in Code Section 36-70-27 against one or more of the parties in abeyance pending the disposition of the action. The court is authorized to utilize its contempt powers to obtain compliance with its decision relating to the disputed items under review. The judge shall be authorized to impose mediation costs and court costs against any party upon a finding of bad faith.
(d) The court shall notify, or cause to be notified, the Department of Community Affairs in the event that penalties are abated during the pendency of mediation or litigation held pursuant to subsection (c) of this Code section. A notice shall also be sent in the event penalties become applicable to the parties.

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(e) Any service delivery agreement implemented as a result of the process set forth in this Code section shall remain in effect until revised pursuant to Code Section 36-70-28."
SECTION 2.
Said chapter is further amended by striking subsection (a) of Code Section 36-70-27, relating to sanctions, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) On and after July 1, 1999, no state administered financial assistance or grant, loan, or permit shall be issued to any local government or authority which is not included in a department verified strategy or for any project which is inconsistent with such strategy; provided, however, that a municipality or authority located or operating in more than one county shall be included in a department verified strategy for each county wherein the municipality or authority is located or operating."
SECTION 3.
Said chapter is further amended by striking Code Section 36-70-28, relating to strategy review and revision, and inserting in its place a new Code Section 36-70-28 to read as follows:
"36-70-28.
(a) As used in the Code section, the term 'affected municipality' means each municipality required to adopt a resolution approving the local government service delivery strategy pursuant to subsection (b) of Code Section 3670-25.
(b) Each county and affected municipality shall review, and revise if necessary, the approved strategy:
(1) In conjunction with updates of the comprehensive plan as required by Article 1 of this chapter;
(2) Whenever necessary to change service delivery or revenue distribution arrangements; or
(3) Whenever necessary due to changes in revenue distribution arrangements;
(3)(4) In the event of the creation, abolition, or consolidation of local governments;
(5) When the existing service delivery strategy agreement expires; or
(6) Whenever the county and affected municipalities agree to revise the strategy.
(c) In the event that a county or an affected municipality located within the county refuses to review and revise, if necessary, a strategy in accordance with paragraphs (2) and (3) of subsection (b) of this Code section, then any of the parties may use the alternative dispute resolution and appeal procedures set forth in subsection (d) of Code Section 36-70-25.1."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

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1441

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

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

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

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

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

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

HB 1450. By Representative Royal of the 164th:

A bill to be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts; to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Egan of the 40th.

The Senate Finance and Public Utilities Committee offered the following substitute to HB 1450:

A BILL

To be entitled an Act to amend Code Section 36-60-13 of the Official Code of Georgia Annotated, relating to county or municipal multiyear lease, purchase, or lease purchase contracts, so as to provide for additional limitations with respect to such contracts; 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 36-60-13 of the Official Code of Georgia Annotated, relating to county or municipal multiyear lease, purchase, or lease purchase contracts, is amended by striking subsection (h) and inserting in its place a new subsection (h) to reads as follows:

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"(h)(1) No On or after July 1, 2000, no contract developed and executed or renewed, refinanced, or restructured pursuant to this Code section with respect to real property may be delivered if the lesser of either of the following is exceeded:

(A) The average annual payments on the aggregate of all such outstanding contracts exceed 7.5 percent of the governmental fund revenues of the county or municipality for the calendar year preceding the delivery of such contract plus any available special county 1 percent sales and use tax proceeds collected pursuant to Code Section 48-8-111; or
(B) The outstanding principal balance on the aggregate of all such outstanding contracts exceeds $25 million; provided, however, that with respect to any county or municipality in which, prior to July 1, 2000, the outstanding principal balance on the aggregate of outstanding contracts exceeds $25 million, such outstanding contracts may be renewed, refinanced, or restructured, but no new contracts shall be developed and executed until the outstanding principal balance on such outstanding contracts has been reduced so that the $25 million limitation of this subparagraph, or the limitation in subparagraph (A) of this paragraph, whichever is lower, is not exceeded.

(2) Paragraph (1) of this subsection shall not apply to contracts developed and executed or renewed, refinanced, or restructured pursuant to this Code section which are for projects or facilities:

(A) For the housing of court services, where any other state law or laws authorize the project or facility to be financed and paid for from the collection of fines rather than from tax revenues; or

(B) Which have been previously approved in the most recent referendum calling for the levy of a special county 1 percent sales and use tax pursuant to Part 1 of Article 3 of Chapter 8 of Title 48."

SECTION 2.

This Act shall become effective on July 1, 2000.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.

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

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

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

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable

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

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Y Golden Y Guhl

Y Perdue Y Polak

Y Williams

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

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

HB 1300. By Representatives Stokes of the 92nd and Martin of the 47th:
A bill to be entitled an Act to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to change the provisions relating to the confidentiality of raw research data; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Meyer von Bremen of the 12th.

The Senate Judiciary Committee offered the following substitute to HB 1300:

A BILL

To be entitled an Act to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to change the provisions relating to the confidentiality of raw research data; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, is amended by striking Code Section 24-9-40.2, relating to the confidentiality of raw research data, and inserting in its place the following:

"24-9-40.2.

(a) The General Assembly finds and declares that protecting the confidentiality of research data from disclosure in administrative proceedings, civil and criminal judicial proceedings, and quasi-judicial proceedings is essential to safeguarding the integrity of research in this state, guaranteeing the privacy of individuals who participate in research projects, and ensuring the continuation of research in science, medicine, and other fields that benefits the citizens and institutions of Georgia and other states. The protection of such research data has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for regulation under the police power of the state.

(b) As used in this Code section, the term 'confidential raw research data' means medical information, interview responses, reports, statements, memoranda, or other data relating to the condition, treatment, or characteristics of any person which is gathered by or provided to a researcher:

(1) In support of a research study approved by an appropriate research oversight committee of a hospital, health care facility, or educational institution; and
(2) With the objective to develop, study, or report aggregate or anonymous information not intended to be used in any way in which the identity of an individual is material to the results.
The term does not include published compilations of the raw research data created by the researcher or the researcher's published summaries, findings, analyses, or conclusions related to the research study.

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(c) Confidential raw research data in a researcher's possession shall not be subject to subpoena, otherwise discoverable, or deemed admissible as evidence in any administrative, civil, criminal, or other judicial proceeding in any court except as otherwise provided in subsection (d) of this Code section.
(d) Confidential raw research data may be released, disclosed, subject to subpoena, otherwise discoverable, or deemed admissible as evidence in a judicial or quasi-judicial proceeding as follows:
(1) Confidential raw research data related to a person may be disclosed to that person or to another person on such person's behalf where the authority is otherwise specifically provided by law;
(2) Confidential raw research data related to a person may be disclosed to any person or legal entity designated to receive that information when that designation is made in writing by the research participant or where a designation is made in writing by a person authorized by law to act for the participant;
(3) Confidential raw research data related to a person may be disclosed to any agency or department of the federal government, this state, or any political subdivision of this state if those data are required by law or regulation to be reported to that agency or department;
(4)-Confidential raw research data may be disclosed to a research sponsor, as well as to persons selected to perform peer review on the research, for the purpose of reviewing the researcher's study methodology, summaries, findings, analyses, or conclusions; provided, however, that the identity of any research participant shall not be disclosed;
(5)(4) Confidential raw research data may be disclosed in any proceeding in which a party was a participant, researcher, or sponsor in the underlying research study, including but not limited to any judicial or quasi-judicial proceeding in which a research participant places his or her care, treatment, injuries, insurance coverage, or benefit plan coverage at issue; provided, however, that the identity of any research participant other than the party to the judicial or quasi-judicial proceeding shall not be disclosed, unless the researcher or sponsor is a defendant in the case;
(6)(5) Confidential raw research data may be disclosed in any proceeding in which the researcher has either volunteered to testify or has been hired to testify as an expert by one of the parties to the proceeding; and
(7)(6) In a criminal proceeding, the court shall order the production of confidential raw research data if the data are relevant to any issue in the proceeding, impose appropriate safeguards against unauthorized disclosure of the data, and admit confidential raw research data into evidence if the data are material to the defense or prosecution.
(e) Nothing in this Code section shall be construed to permit, require, or prohibit the disclosure of confidential raw research data in any setting other than an administrative, judicial, or quasi-judicial proceeding that is governed by the requirements of this title.
(e)(f) Any disclosure of confidential raw research data authorized or required by this Code section or any other law shall in no way destroy the confidential nature of that data except for the purpose for which the authorized or required disclosure is made."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Wednesday, March 15, 2000

1445

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

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

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

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

The bill, having received the requisite constitutional majority, was passed by substitute. HB 1308. By Representatives Ashe of the 46th, Stuckey of the 67th, Murphy of the 18th and others:

A bill to be entitled an Act to enact the "Equity in Sports Act"; to provide for a short title; to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to prohibit discrimination based on gender in elementary and secondary school athletic programs; to provide for the operation or sponsorship of separate athletic teams for members of each gender under certain circumstances; to require local school systems to provide equal athletic opportunity for members of both genders; to provide for the offering of athletic activities or sports for which athletic scholarships are available, under certain circumstances; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Egan of the 40th.

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

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

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

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

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

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Y Gillis Y Gingrey Y Golden Y Guhl

Y Madden Y Marable Y Perdue Y Polak

Y Thompson Walker
Y Williams

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

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

HB 1236. By Representatives Hudgens of the 24th, Royal of the 164th, Tolbert of the 25th and others:

A bill to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to the sale or use of liquefied petroleum gas or other fuel used in a structure in which broilers, pullets, or other poultry are raised; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Jackson of the 50th.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

February 14, 2000

The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
Dear Chairman Buck:

SUBJECT: Fiscal Note House Bill 1236 (LC 18 9968)

This Bill would modify the exemption from the sales and use tax of sales of liquefied petroleum gas or other fuel used in structures in which broilers, pullets, or other poultry are raised. The current exemption (dating back to 1986) is for purchases of fuel used only to heat poultry houses. The Bill would extend the exemption to purchases of fuel used in poultry structures for any purpose. The new provision would become effective on July 1, 2000.

Fuel, as the term is conventionally used and as it is defined in Webster's dictionaries, refers to substances used to produce heat, light, or power by burning (oxidation). Accordingly, the Bill would extend the 1986 exemption for purchases for heating to purchases for such other purposes. These other purposes are not specified. To assess the revenue impact, fuel purchases directed to the other purposes, whatever they are, would have to be determined and forecast. Since resources have not been available to conduct a survey to discover current consumption patterns for fuel in poultry houses, the revenues which the State and local governments would forgo because of the new provision could not be estimated.
The Bill would lower the yield of the sales and use tax for the State and for local governments. However, the amounts of reduction have not been determined.

Sincerely,

/s/ Russell W. Hinton

Wednesday, March 15, 2000

1447

State Auditor

/s/ Bill Tomlinson, Director Office of Planning and Budget

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

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

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

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

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

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

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

The President resumed the Chair.

HB 1246. By Representatives Davis of the 132nd, Buck of the 135th, Royal of the 164th and others:

A bill to be entitled an Act to amend Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, so as to provide for nonapplicability to certain contracts of certain provisions providing for nonapplicability of certain exemptions from local taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Ladd of the 41st.

The Senate Finance and Public Utilities Committee offered the following substitute to HB 1246:

A BILL

To be entitled an Act to amend Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, so as to provide for nonapplicability to certain contracts of certain provisions providing for nonapplicability of certain exemptions from local taxes; to provide for certain refunds; to provide for procedures, conditions, and limitations; 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 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, is amended by adding a new paragraph at the end of subsection (e), to be designated paragraph (3), to read as follows:
"(3)(A) As used in this paragraph, the term:
(i) 'Building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract.
(ii) 'Local sales and use tax' means any local sales tax, local use tax, or local 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 Chapter 8 of Title 48; or by or pursuant to Article 3 of Chapter 8 of Title 48.
(B) No local sales and use tax which became applicable subsequent to the time of entering into a contract as described in this subparagraph shall be collected by a county or municipality upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was entered into on December 19, 1994, and a prior claim for a refund of such sales and use taxes was filed with the department on or before January 22, 1998.
(C)(i) Notwithstanding any other provision of this title or any other title to the contrary, the provisions of this subparagraph shall provide the exclusive remedy and procedure for seeking and obtaining any and all refunds for local sales and use taxes paid on the sale or use of building and construction materials. No refund shall be allowed for any such taxes or payments unless expressly authorized by this subparagraph.
(ii) The commissioner shall issue refunds for local sales and use taxes paid or due with respect to a contract specified under subparagraph (B) of this paragraph when it is shown to the satisfaction of the commissioner that local sales and use taxes were paid pursuant to paragraph (2) of this subsection.
(D) No person shall receive a refund for local sales and use taxes paid in any case where an amount equal to the amount of taxes paid has been charged to or paid by any purchaser of the person seeking a refund. When a claimant is issued a refund for taxes paid, in every case where an amount equal to the amount of taxes paid has been charged to or paid by any purchaser of the claimant, the claimant shall refund to the purchaser or customer an amount equal to the refund allowed by the commissioner.
(E) No refund for taxes paid shall be allowed unless a refund claim is filed with the commissioner pursuant to subparagraph (F) of this paragraph. If, in the opinion of the commissioner, a refund claim of taxes paid pursuant to this subsection contains a false statement, the claim shall be denied. In no event shall interest be allowed on any refund under this paragraph.
(F) Each refund claim shall be filed in writing with the commissioner in the form and containing such information as the commissioner may require. The commissioner shall consider information contained in the refund claim, together with such other information as may be available, and shall approve or disapprove the refund claim and notify the claimant of such action. Any claimant whose claim is denied by the commissioner or whose claim is not decided by the commissioner within one year from the date of filing the claim shall have the right to bring an action for a refund in the superior court of such county. No action or proceeding for the recovery of a refund shall be commenced before the expiration of one year from the date of filing the refund claim unless the commissioner renders a decision on the refund claim within that time, nor shall any action or proceeding be commenced after the occurrence of the

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earlier of (i) the expiration of one year from the date the claim is denied, or (ii) the expiration of two years from the date the refund claim was filed. The time for filing an action for the recovery of a refund may be extended for such period as may be agreed upon in writing between the claimant and the commissioner during the period authorized for bringing an action or any extension thereof. In the event any refund claim is approved and the taxpayer has not paid other state taxes which have become due, as determined by the commissioner, the commissioner may set off the unpaid taxes against the refund. When the setoff authorized in this Code section is exercised, the refund shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off. Any excess refund properly allowable under this paragraph which remains after the setoff has been applied may be refunded to the taxpayer."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

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

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

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

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

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

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

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

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

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

HB 1583. By Representatives Kaye of the 37th, Buck of the 135th, Royal of the 164th and others:

A bill to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to provide for an exemption from state sales and use tax with respect to the sale of blood measuring devices, other monitoring equipment, or insulin delivery systems used exclusively by diabetics; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Senate Sponsor: Senator Guhl of the 45th.

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

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

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

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

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

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

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

HB 543.

By Representatives Shanahan of the 10th and Cummings of the 27th:
A bill to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide for the transfer of contributions from the Employees' Retirement System of Georgia to the Georgia Judicial Retirement System; and for other purposes.

Senate Sponsor: Senator Stephens of the 51st.

The following Fiscal Notes, as required by law, were read by the Secretary;
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

January 27, 2000

SUBJECT:

State Auditor's Certification House Bill 543 (LC 21 5612S) Substitute (LC 21 5671S)

Dear Chairman Cummings:

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1451

This bill would allow any superior court judge or district attorney who is a member of the Georgia Judicial Retirement System who previously had been a member of the Employees' Retirement System to elect to have all contributions made by or on behalf of such a member transferred from the Employees' Retirement System to the Georgia Judicial Retirement System. If a member of the Georgia Judicial Retirement System affected by this bill had previously withdrawn his or her employee contributions from the Employees' Retirement System, the member would be required to repay such contributions with interest to the Employees' Retirement System before any funds would be transferred to the Georgia Judicial retirement System. Members affected by this legislation would receive creditable service based on the amount paid to by the Employees' Retirement System.
This is to certify that the changes made in this substitute bill are a reduction in cost amendment as defined in the Public Retirement Systems Standards Law.
Sincerely,
/s/ Russell W. Hinton State Auditor
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 3, 2000
Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation House Bill 543 (LC 21 5671S) Employees' Retirement System Georgia Judicial Retirement System
Dear Chairman Cummings:
This bill would allow any superior court judge or district attorney who is a member of the Georgia Judicial retirement System who previously had been a member of the Employees' Retirement System to elect to have all contributions made by or on behalf of such a member transferred from the Employees' Retirement System to the Georgia Judicial Retirement System. If a member of the Georgia Judicial Retirement System affected by this bill had previously withdrawn his or her employee contributions from the Employees' Retirement System, the member would be required to repay such contributions with interest to the Employees' Retirement System before any funds would be transferred to the Georgia Judicial Retirement System. Members affected by this legislation would receive creditable service based on the amount paid to the Georgia Judicial Retirement System by the Employees' Retirement System.
The first year cost to the Employees' Retirement System would be $23,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This cost represents .001% of the current projected payroll of $2,300,000,000 and is the cost required each year for the next 20 years to amortize the unfunded actuarial accrued liability. This cost estimate is based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs associated with this legislation would be paid through state appropriations.

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This legislation would not result in any additional cost to the Georgia Judicial Retirement System since the amount of creditable service granted to any member of the Judicial Retirement System who withdraws their contributions from Employees' Retirement System is limited to the amount funded by the contributions. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability as a result of this legislation. This cost estimate is based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs resulting from this bill would be paid through state appropriations.

The following is a summary of the relevant findings of the actuarial investigations for this bill pursuant to a request by the House Retirement Committee. The investigations were to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

Employees' Retirement System
(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 320,000 $ 23,000
20 $0
14.50% 14.50%
$ 23,000

Georgia Judicial Retirement System

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

(2)

The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

(3)

The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

$0 $0
N/A

(4)

The amount of the annual normal cost which will result from the bill.

(5)

The employer contribution rate currently in effect.

(6)

The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(7)

The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$0 4.62% 4.62%
$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Wednesday, March 15, 2000

1453

Sincerely,

/s/ Russell W. Hinton State Auditor

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

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

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

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

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

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

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

HB 1565. By Representative Channell of the 111th:

A bill to be entitled an Act to provide a homestead exemption from Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Smith of the 25th.

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

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

Y Balfour Y Blitch Y Bowen Y Broun
Brown Y Brush

Y Hamrick Y Harbison Y Hecht
Hill Y Hooks Y Huggins

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

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

Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

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

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

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

HB 1567. By Representative Channell of the 111th:

A bill to be entitled an Act to provide a homestead exemption from Putnam County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Smith of the 25th.

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

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

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

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

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

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

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

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1455

The following bill was taken up to consider House action thereto:
HB 1182. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:
A bill to be entitled an Act to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to repeal certain provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senator Walker of the 22nd moved that the Senate adhere to its substitute and that a Conference Committee be appointed. On the motion, the yeas were 37, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Ragan of the 11th, Walker of the 22nd and Madden of the 47th.
The Calendar was resumed.
HB 1447. By Representatives Martin of the 145th, Jones of the 71st, Williams of the 114th and others:
A bill to be entitled an Act to amend Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practice of pharmacy, so as to provide for qualifications for pharmacists authorized to modify drug therapy; to provide for statutory construction; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for definitions; to provide that physicians may delegate to certain pharmacists the authority to modify drug therapy subject to certain conditions; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Madden of the 47th.
The Senate Health and Human Services Committee offered the following substitute to HB 1447:
A BILL
To be entitled an Act to amend Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practice of pharmacy, so as to provide for qualifications for pharmacists authorized to modify drug therapy; to provide for statutory construction; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for definitions; to provide that physicians may delegate to certain pharmacists the authority to modify drug therapy subject to certain conditions; to provide for statutory construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practice of pharmacy, is amended by adding at the end a new Code section to read as follows:
"26-4-50.
(a) No pharmacist shall be authorized to modify drug therapy pursuant to Code Section 43-34-26.2 unless that pharmacist:
(1) Is licensed to practice as a pharmacist in this state;

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(2) Has successfully completed a course of study regarding modification of drug therapy and approved by the board;
(3) Annually successfully completes a continuing education program regarding modification of drug therapy and approved by the board; and
(4) Is certified by the board as meeting the requirements of paragraphs (1) through (3) of this subsection.
(b) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs."
SECTION 2.
Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by adding after paragraph (2) of Code Section 43-34-20 the following:
"(2.1) 'Physician' means a person licensed to practice medicine under this article."
SECTION 3.
Said article is further amended by adding after Code Section 43-34-26.1 a new Code section to read as follows:
"43-34-26.2.
(a) As used in this Code section, the term 'pharmacist' means a person who meets the requirements specified in Code Section 26-4-50.
(b) A physician may delegate to a pharmacist the authority to modify drug therapy as part of drug therapy management. The physician making such delegation shall adequately supervise the application of his or her order delegating the authority to modify drug therapy. Delegation of such authority shall only be made pursuant to the physician's diagnosis, written order, and drug therapy protocol. Unless a drug therapy modification is a substitution of a generic drug which is pharmaceutically and therapeutically equivalent to the patient's initial prescription drug order pursuant to Code Section 26-4-81, that protocol shall meet the applicable requirements for issuance of prescriptions provided in Code Section 16-13-41 or 16-13-74, whichever is applicable. A drug therapy protocol issued pursuant to this subsection may authorize a pharmacist to dispense a specific drug contained in the protocol as an alternative drug which is not pharmaceutically and therapeutically equivalent to the patient's initial prescription drug order and shall be deemed to be the physician's separate and distinct prescription drug order. All protocols authorized by this subsection shall:
(1) Identify the pharmacist who is authorized to modify drug therapy and the physician who is delegating the authority to modify drug therapy;
(2) Indicate the physician's diagnosis of condition or disease state of the patient whose drug therapy may be modified;
(3) Identify each patient for whom the physician has delegated the authority to modify drug therapy;
(4) Describe specific responsibilities and parameters for modification of drug therapy and patient monitoring authorized under the protocol;
(5) Include a statement regarding the types and categories of medication as well as the maximum and minimum dosage levels within the types and categories of medication for which the pharmacist may modify drug therapy including:
(A) Additional procedures or plans which the pharmacist shall follow when the pharmacist modifies drug therapy; and

Wednesday, March 15, 2000

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(B) The method of documentation and mechanism of communication of appropriate medical care information or pharmacy care information, or both; description and required frequency of reports which shall include:

(i) Any problems or complications encountered;

(ii) A listing of recommendations by pharmacist; and

(iii) A complete list of each instance in which drug therapy was modified and how such therapy was modified since the last report; and

(6) Stipulate that each such patient must be notified that the pharmacist is authorized to modify drug therapy pursuant to protocol between the pharmacist and the physician.

(c) A physician delegating the authority to modify drug therapy must be available through communications for consultation, assistance, and direction. A physician may only delegate the authority to modify drug therapy for a patient under the direct medical care and supervision of that physician.

(d) An order delegating the authority to modify drug therapy under this Code section shall not be valid for more than two years from the date such order was issued.

(e) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs under Code Section 26-4-81.

(f) Nothing in this Code section shall be construed to prohibit hospital pharmacists from participating in drug therapy management by protocol or other legal authority established or approved by a member of the hospital medical staff for the care and treatment of hospital patients."

SECTION 4.

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

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

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

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

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

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

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

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On the passage of the bill, the yeas were 51, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Starr of the 44th, President Pro Tempore, assumed the Chair.
HB 1349. By Representatives Jennings of the 63rd, Buck of the 135th, Smith of the 12th and others:
A bill to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the rate of interest paid with respect to certain refunds; to change the rate of interest with respect to income tax overpayments; to change the rate of interest paid with respect to certain estimated income tax overpayments; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Cheeks of the 23rd.
The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 14, 2000
The Honorable Thomas B. Buck, III, Chairman House Ways & Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1349 (LC 18 0136)
Dear Chairman Buck:
This Bill would increase the interest rate the State would pay to taxpayers upon refunding of any taxes or fees which were determined to have been erroneously or illegally assessed and collected. For income taxes, the interest rate to be paid on overpayments of withholding or of estimated tax payments not refunded within 90 days after the filing of a final return would similarly be raised. The increased interest rate would become effective on January 1, 2001.
For each of the three classes of refunds, the Bill would raise the interest to be refunded from 9 percent per year to one percent per month. The rates would then match that which the State currently charges taxpayers on taxes which are owed. The impact of the boost in rate would vary, of course, with the dollar amount of the refund on which interest were to be paid. But, it would also vary with the period of time over which interest would apply. For example, for a period of 90 days, the new interest payment would be 36.5 percent greater than under current law. For periods of one, 5, and 10 years, the relative increases would be 36.5, 81.5 and 255.6 percent respectively. For taxpayers with tax liabilities, the one percent per month rate is usually judged to be an inducement for timely payment. For the State, the proposed increase in rate might similarly be expected to keep refunding of withholding and estimated payments within the 90-day bounds. Given the department's current practices, however, the impact of the raised interest rate would likely be insignificant. In the case of taxes or fees determined by a court of law to have been illegal or erroneous, the decision to assess and collect would typically not have come from a department. Any restraining incentive effect would then have to apply to the passage of tax and fee provisions into law. For court-determined erroneous or illegal levies, the proposed increase in rates would increase the State's refunding costs.

Wednesday, March 15, 2000

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The Bill would probably have a self-limiting and minimal impact upon the State's cost of refunding overpayments of withheld and estimated income taxes. Should a tax be determined to be erroneous or illegal, however, the State's cost of refunding would rise by proportions dependent upon the period over which the interest applied. Obviously, neither the amounts of such tax nor the spans of time that might be involved is predictable.

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Bill Tomlinson, Director Office of Planning and Budget

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

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

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

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

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

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

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

Senator Johnson of the 1st moved that Senator Cheeks of the 23rd be excused. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Cheeks was excused.

HB 1422. By Representatives Sinkfield of the 57th, Smith of the 175th, Turnquest of the 73rd and others:

A bill to be entitled an Act to amend Chapter 11 of Title 15 of the O.C.G.A., relating to juvenile proceedings, so as to provide for a short title, legislative intent, and definitions; to create the Office of the Child Advocate in the office of the Governor; to provide for administrative assignment; to provide for staff and personnel; to provide for contracts; to provide for duties, rights, and powers; to hold harmless certain persons from certain losses; to amend Code Section 49-5-41 of the O.C.G.A., relating to persons and agencies permitted access to records concerning reports of child abuse, so as to provide for public access to certain child abuse records; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Senate Sponsor: Senator Stokes of the 43rd. The Senate Health and Human Services Committee offered the following amendment: Amend HB 1422 by striking line 27 on page 2 and inserting in lieu thereof the following: "division has an open case file, or who has been, or whose siblings,". By striking the word "and" on line 24 page 4; by replacing the period on line 36 of page 4 with the symbol and word "; and"; and by adding between lines 36 and 37 of page 4 the following: "(6) Convene quarterly meetings with organizations, agencies, and individuals who work in the area of child protection to seek opportunities to collaborate and improve the status of children in Georgia." By striking lines 33 through 38 on page 7 and inserting in lieu thereof the following: "(e) Notwithstanding any other provisions of law, with the exception of medical and mental health records made confidential by other provisions of law, child abuse and deprivation records applicable to a child who at the time of his or her death was: (1) In in the custody of a state department or agency or foster parent; (2) A child as defined in paragraph (3) of Code Section 15-11-171; or (3) The subject of an investigation, report, referral, or complaint under Code Section 15-11-137 shall not be confidential and shall". On the adoption of the amendment, the yeas were 32, nays 0, and the committee amendment was adopted. Senator Burton of the 5th offered the following amendment: Amend HB 1422 by inserting after the word and symbol "courts," on line 2 of page 5 the following: "including any records previously sealed by the courts,". On the adoption of the amendment, the yeas were 19, nays 27, and the Burton amendment was lost. Senators Land of the 16th and Johnson of the 1st offered the following amendment: Amend HB 1422 by striking lines 36 through 39 of page 2 and inserting in lieu thereof the following: "the Protection of Children. The advocate shall be appointed by the General Assembly with the vote of two-thirds of the members of each house required for approval of such appointment. The advocate shall be chosen from a list of nominees submitted by the Legislative Services Committee. The advocate". By striking lines 3 through 5 of page 3 and inserting in lieu thereof the following: "(b) The advocate shall be appointed for a term of three years and until his or her". By striking the word "Governor" from the end of line 8 of page 3 and inserting in lieu thereof the following: "General Assembly". By striking lines 11 through 14 of page 3.

Wednesday, March 15, 2000

1461

By redesignating subsections (d) through (g) on page 3 as subsections (c) through (f).

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

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

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

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

On the adoption of the amendment, the yeas were 19, nays 32, and the Land, Johnson amendment was lost.

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

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

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

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

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

On the passage of the bill, the yeas were 46, nays 8.

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

The following communication was received by the Secretary:

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JOURNAL OF THE SENATE

March 15, 2000
Please record my vote on HB 1422 as YEA.
/s/ Senator Marable of the 52nd
HB 1582. By Representatives Scarlett of the 174th and Buck of the 135th:
A bill to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales of dyed diesel fuel exclusively for use by licensed commercial fishermen; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Kemp of the 3rd.
The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 22, 2000

The Honorable Stephen G. Scarlett State Representative Legislative Office Building, Room 607 Atlanta, Georgia 30334

Dear Representative Scarlett:

SUBJECT: Fiscal Note (House Bill 1582) (LC 22 4003)

This Bill would exempt from the sales and use tax the sales of dyed diesel fuel used by licensed commercial fishermen. The exemption would become effective for fuel sold after January 1, 2000.

The dollar value of sales of dyed diesel fuel for vessels and boats used by commercial fishermen in Georgia is not separable from sales of marine fuel generally. Accordingly, to get an estimate of the revenue impact of the proposed exemption, an analytical approach has had to be devised. Starting with the annual dollar value of the domestic catch for the South Atlantic coast (as reported by the U.S. National Marine Fisheries Service) for the years 1990 to 1997, the value of the domestic catch in Georgia has been derived from relationships linking the employment in fishprocessing plants in Georgia to the corresponding employment in the coastal region and the numbers of commercial fishing vessels and fishing boats in Georgia to those in states along the South Atlantic coast. With the value of the state's catch so estimated, input-output matrices for 1992 and 1997 (U.S. Bureau of Economic Analysis) have been used to identify the fuel costs per dollar of catch value. When the average prices of diesel fuel are introduced, gallons of diesel fuel sold to commercial fishermen in those years has been indicated. Catch values, employment in fish-processing plants, numbers of fishing vessels and fishing boats, and prices of diesel fuel have then been projected to 2000 and 2001 and the sales of diesel fuel derived.

Using the method indicated, the Bill would reduce the yield of the sales and use tax for the State by between $0.6 and $0.8 million and for local governments by between $0.4 and $0.6 million for Fiscal Years 2001 and 2002. The record of growth in catch and number of vessels and boats indicates that only a rise in fuel prices would have a significant impact on the amount of revenue loss in immediately following years.

Wednesday, March 15, 2000

1463

Sincerely,

/s/ Russell W. Hinton State Auditor

/s/ Bill Tomlinson, Director Office of Planning and Budget

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

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

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

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

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

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

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

HB 1508. By Representative Royal of the 164th:

A bill to be entitled an Act to amend Chapter 5A of Title 50 of the Official Code of Georgia Annotated, relating to the Office of Treasury and Fiscal Services, so as to provide for additional powers, duties, and authority of such office and the director thereof; to provide for investment standards; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change certain provisions relating to investment authority regarding the health insurance funds for public school teachers and public school employees; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Thomas of the 10th.

The following fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

February 24, 2000

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JOURNAL OF THE SENATE

The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334

SUBJECT: Fiscal Note House Bill 1508 (LC 18 0226)

Dear Chairman Buck:

This bill would authorize the Office of Treasury and Fiscal Services to invest certain public funds. The funds that could be invested by the Office of Treasury and Fiscal Services (OTFS) include those held in the health insurance funds for state employees, public school teachers, and public school employees. In addition, OTFS would be authorized to invest funds held in the local government investment pool and various insurance, self-insurance, and reserve funds. The bill also outlines certain standards that would be followed when these funds are invested by the Office of Treasury and Fiscal Services.

This bill would not have a significant fiscal impact to the State.

Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Bill Tomlinson, Director Office of Planning and Budget

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

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

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

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

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

On the passage of the bill, the yeas were 42, nays 0.

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

The President resumed the Chair.

Wednesday, March 15, 2000

1465

HB 1531. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th and others:

A bill to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to certain disaster assistance; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Gillis of the 20th.

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

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

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

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

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

On the passage of the bill, the yeas were 48, nays 1.

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

HB 1532. By Representatives Jenkins of the 110th, Royal of the 164th, Holland of the 157th and others:

A bill to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide an income tax credit for expenses of private driver education for minor dependent children of taxpayers; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hill of the 4th.

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

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

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JOURNAL OF THE SENATE

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

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

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

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

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

HB 764.

By Representatives Cummings of the 27th, McBee of the 88th, Shanahan of the 10th and Kaye of the 37th:

A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that a member who was previously a member of the Georgia Judicial Retirement System who becomes employed in a position covered by the Employees' Retirement System of Georgia may elect to remain a member of the Georgia Judicial Retirement System; and for other purposes.

Senate Sponsor: Senator Burton of the 5th.

The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

October 29, 1999

SUBJECT: Actuarial Investigation House Bill 764 (LC 21 5617S) Employees' Retirement System Georgia Judicial Retirement System
Dear Chairman Cummings:

Wednesday, March 15, 2000

1467

This bill provides that any person who is vested under the Georgia Judicial Retirement System and becomes employed in a position covered by the Employees' Retirement System may make an irrevocable election to continue membership in the Judicial Retirement System. If such member elects to become a member of the Employees' Retirement System, all employer and employee contributions made by or on behalf of the member, plus interest, will be transferred from the Judicial Retirement System to the Employees' Retirement System. The bill also provides that any person who is vested under the Employees' Retirement System and becomes employed in a position covered by the Georgia Judicial Retirement System may make an irrevocable election to continue membership in the Employees' Retirement System. If such member elects to become a member of the Judicial Retirement System, all employer and employee contributions made by or on behalf of the member, plus interest, will be transferred to the Judicial Retirement System. All persons affected by this bill are required to make such election by September 30, 2000, or within 60 days of the change in position. Those persons who elect to transfer their membership will be granted only so much creditable service as the accumulated contributions warrant, without creating any unfunded actuarial accrued liability to either the Employees' Retirement System or the Georgia Judicial Retirement System.

This legislation would not result in any additional cost to the state. There is no cost increase to the Employees' Retirement System or to the Georgia Judicial Retirement System since the amount of creditable service granted to any person who transfers their membership is limited to the amount funded by their contributions. There would be no increase in the employer contribution or the unfunded actuarial accrued liability for either system. The results of the investigations are based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs resulting from this bill would be paid through state appropriations.

The following is a summary of the relevant findings of the actuarial investigations for this bill pursuant to a request by the House Retirement Committee. The investigations were to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

Employees' Retirement System

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

(4) The amount of the annual normal cost which will result from the bill.

(5)

The employer contribution rate currently in effect.

(6)

The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(7)

The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$0 $0
N/A $0
14.50% 14.50%
$0

Georgia Judicial Retirement System

(1)

The amount of the unfunded actuarial accrued liability which will

result from the bill.

(2)

The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

(3)

The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

$0 $0
N/A

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JOURNAL OF THE SENATE

(4)

The amount of the annual normal cost which will result from the bill.

(5)

The employer contribution rate currently in effect.

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$0 4.62% 4.62%
$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

December 29, 1999

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Suite 402 Atlanta, Georgia 30334

SUBJECT:

State Auditor's Certification House Bill 764 (Substitute) (LC 21 5679S)

Dear Chairman Cummings:

This bill provides that any person who is vested under the Georgia Judicial Retirement System and either becomes the head of a state department or agency or is appointed by the Governor to a full-time salaried position on a state board or commission may make an irrevocable election to continue membership in the Judicial Retirement System. If such a member elects to become a member of the Employees Retirement System, all employer and employee contributions made by or on behalf of the member, plus interest, would be transferred from the Judicial Retirement System to the Employees Retirement System. All persons affected by this bill would be required to make their election by September 30, 2000, or within 60 days of the change in position. Those persons who elect to transfer their membership would be granted only as much creditable service as the accumulated contributions warrant, without creating any unfunded actuarial liability to the Georgia Judicial Retirement System.

This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. The actuarial investigation for LC 21 5617S would also apply to LC 21 5679S.

Sincerely,
/s/ Russell W. Hinton State Auditor

Wednesday, March 15, 2000

1469

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

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

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

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

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

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

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

The following resolution was read and put upon its adoption:

SR 777. By Senator Starr of the 44th:

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 12:00 Midnight on Thursday, March 16, 2000, and shall reconvene on Monday, March 20, 2000, and that as authorized by Code Section 28-1-2, the hour for convening the Senate on such Monday may be as ordered by the Senate; and the hour for convening the House on such Monday may be as ordered by the House.
On the adoption of the resolution, the yeas were 45, nays 0, and the resolution was adopted.

The Calendar was resumed.

HB 1417. By Representatives Shanahan of the 10th, Murphy of the 18th, Royal of the 164th and others:

A bill to be entitled an Act to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to provide for an exemption from such taxation with respect to certain motor vehicles owned or leased by veterans of the armed forces of the United States who have been awarded the Purple Heart citation; to provide for procedures, conditions, and limitations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Dean of the 31st.

1470

JOURNAL OF THE SENATE

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

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

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

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

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

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

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

HB 908. By Representative Stallings of the 100th:

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

Senate Sponsor: Senator Butler of the 55th.

The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

July 7, 1999

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Suite 402 Atlanta, Georgia 30334
Dear Chairman Cummings:

SUBJECT:

State Auditor's Certification House Bill 908 (Substitute) (LC 21 5642S)

Wednesday, March 15, 2000

1471

This bill would amend provisions relating to service credit in the Teachers Retirement System. For the purpose of obtaining service credit for full time graduate study, postgraduate study would not be deemed interrupted if the interruption were the result of active duty military service during a period in which the military draft was in effect.
This is to certify that this retirement bill is a fiscal bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 29, 1999
Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation House Bill 908 (LC 21 5642S) Teachers Retirement System
Dear Chairman Cummings:
This bill would amend provisions relating to creditable service under the Teachers Retirement System. Currently, members of the retirement system who undertake full-time graduate studies are entitled to receive creditable service for the period of graduate study, provided certain conditions are met. This legislation would allow such persons to continue receiving creditable service if their graduate studies are interrupted for a period of active duty military service which begins during a period in which the military draft is in effect.
The first year cost of this legislation would be $1,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. The first year cost represents .00001% of the current projected payroll of $7,600,000,000 and is the cost required each year for the next 20 years to amortize the unfunded actuarial accrued liability. The estimated cost is based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Approximately 63% of the additional cost resulting from this bill would be paid through state appropriations. The remaining 37% would be paid through federal, local, and other fund sources.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1)

The amount of the unfunded actuarial accrued liability which will

result from the bill.

(2)

The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

$ 20,000 $ 1,000

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JOURNAL OF THE SENATE

(3)

The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

(4)

The amount of the annual normal cost which will result from the bill.

(5) The employer contribution rate currently in effect.

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

20 $0
11.29%
11.29%
$ 1,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/s/ Russell W. Hinton State Auditor

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

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

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

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

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

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

The bill, having received the requisite constitutional majority, was passed. HB 919. By Representative Cummings of the 27th:

A bill to amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to provide that certain persons who were serving in a position covered by such retirement system on July 1, 1998, may opt to become members of such retirement system; and for other purposes.

Wednesday, March 15, 2000

1473

Senate Sponsor: Senator Butler of the 55th.
The following Fiscal Notes, as required by law, were read by the Secretary:
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 11, 1999
The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Suite 402 Atlanta, Georgia 30334
SUBJECT: State Auditor's Certification House Bill 919 (LC 21 5340)
Dear Chairman Cummings:
This bill would amend provisions relating to membership in the Georgia Judicial Retirement System. Any person who was a member of the Employees' Retirement System on July 1, 1998, employed in a position otherwise covered by the Georgia Judicial Retirement System, but was not eligible for membership in the Judicial Retirement System, may make an irrevocable election to become a member of this system by December 31, 2000. The member would only receive service credit for actual service in his or her current position. This bill would require the Employees' Retirement System to transfer all employee and employer contributions plus any applicable interest to the Judicial Retirement System. This bill would also allow members to make additional contributions to gain extra service credit without creating any unfunded liability. The amount of service credit received would not exceed the actual years of service.
This is to certify that this retirement bill is a fiscal bill as defined in the Public Retirement Systems Standards Law.
Sincerely,
/s/ Claude L. Vickers State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
October 29, 1999
Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT: Actuarial Investigation House Bill 919 (LC 21 5340) Employees' Retirement System Georgia Judicial Retirement System
Dear Chairman Cummings:

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JOURNAL OF THE SENATE

This bill would amend the provisions relating to membership in the Georgia Judicial Retirement System by allowing certain members of the Employees' Retirement System to make an irrevocable election to become a member of the Georgia Judicial Retirement System. Specifically, this bill would affect those members of the Employees' Retirement System who are employed in a position covered by the Judicial Retirement System but are currently not eligible for membership in such retirement system. These persons are not currently eligible because they previously elected to remain in the Employees' Retirement System at the time they became a judge or district attorney. The Employees' Retirement System would be required to transfer all employer and employee contributions, with interest, made by or on behalf of the transferring member to the Georgia Judicial Retirement System. Such member would then receive creditable service based on the amount paid by the Employees' Retirement System. The deadline for transferring membership to the Georgia Judicial Retirement System is December 31, 2000.
The cost of this legislation to the Employees' Retirement System would be negligible, amounting to less that $1,000 in the first year, in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This legislation would not result in any increase in the employer contribution rate or the unfunded actuarial accrued liability. The results of the investigation are based on current employee data, actuarial assumptions and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs resulting from this bill would be paid through state appropriations.

This bill would not result in any additional cost to the Georgia Judicial Retirement System since the amount of creditable service granted to any person who transfers their membership from the Employees' Retirement System to the Judicial Retirement System is limited to the amount funded by their contributions. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability as a result of this legislation. The results of the investigation are based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs resulting from this bill would be paid through state appropriations.

The following is a summary of the relevant findings of the actuarial investigations for this bill pursuant to a request by the House Retirement Committee. The investigations were to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

Employees' Retirement System

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

(3)

The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

(4)

The amount of the annual normal cost which will result from the bill.

(5)

The employer contribution rate currently in effect.

(6)

The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(7)

The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$0
$0
N/A Less than $ 1,000 14.50%
14.50%
$0

Georgia Judicial Retirement System

(1)

The amount of the unfunded actuarial accrued liability which will

Wednesday, March 15, 2000

1475

result from the bill.

(2)

The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

$0 $0
N/A

(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.
(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).
(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$0 4.62% 4.62%
$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/s/ Russell W. Hinton State Auditor

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

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

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

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

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

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

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

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HB 520. By Representatives West of the 101st, Stallings of the 100th, Bridges of the 9th and others:

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

Senate Sponsor: Senator Marable of the 52nd.

Senators Marable of the 52nd and Dean of the 31st offered the following amendment: Amend HB 520 by striking line 26 of page 1 and inserting in lieu thereof the following:

"of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that the department must immediately notify the local law enforcement agency and district attorney of the jurisdiction where a seizure is made.'"

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

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

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

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

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

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1388. By Representatives Coleman of the 80th, Taylor of the 134th, Mosley of the 171st and others:
A bill to be entitled an Act to create a program of indemnification with respect to public school personnel who are killed or permanently disabled by an act of violence in the line of duty; to amend Article 3 of Chapter 2 of Title 40 of the O.C.G.A., relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special and distinctive license plate honoring Georgia educators with revenue derived from the sale of such plates dedicated to a fund for such program of indemnification; to amend Chapter 9 of Title 45 of the O.C.G.A., relating to insuring and

Wednesday, March 15, 2000

1477

indemnification of public officers and employees, so as to provide for such indemnification program for public school personnel; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Kemp of the 3rd.

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

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

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

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

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

On the passage of the bill, the yeas were 51, nays 0.

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

Senator Burton of the 5th moved that Senator Hill of the 4th be excused. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Hill was excused.

The Calendar was resumed.

HR 971. By Representatives Coleman of the 80th, Taylor of the 134th, Jamieson of the 22nd and others:

A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Senate Sponsor: Senator Kemp of the 3rd.

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

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BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article III, Section VI, Paragraph VI of the Constitution is amended by adding at the end thereof a new subparagraph (g) to read as follows:

"(g) The General Assembly may provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to authorize the General Assembly to provide by law for indemnification with respect to public school teachers, administrators, and duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:

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

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

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

Wednesday, March 15, 2000

1479

On the adoption of the resolution, the yeas were 50, nays 0.

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

HR 1008. By Representatives Rogers of the 20th, Murphy of the 18th, Connell of the 115th and others:

A resolution designating the Howard T. Overby National Guard Armory in Gainesville; and for other purposes.

Senate Sponsor: Senator Jackson of the 50th.

Senator Cagle of the 49th offered the following amendment:

Amend HR 1008 by adding on line 36, p.1 the following:

WHEREAS, the Atlanta Falcons have been in our capital for 34 seasons providing football fans with quality sports entertainment, giving the City of Atlanta and the State of Georgia a positive image, and bringing guests to our region.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Atlanta Highway in Hall County between Wrigley Bridge and Plainview Road shall be designated as Falcon Parkway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating Falcon Parkway.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation.

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

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

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

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

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

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

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JOURNAL OF THE SENATE

On the adoption of the resolution, the yeas were 49, nays 0.

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

HB 1157. By Representatives Stuckey of the 67th, Martin of the 47th, Walker of the 141st and others:

A bill to be entitled an Act to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to probate courts, so as to provide that certain clerks of probate court shall deposit cash bonds transferred by the sheriff into interest-bearing trust accounts; to provide that interest from such funds shall be remitted to the Georgia Indigent Defense Council for distribution to the counties pursuant to Article 2 of Chapter 12 of Title 17; to provide for the remittance of certain information; to provide for exemptions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Meyer von Bremen of the 12th.

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

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

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

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

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

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

The bill, having received the requisite constitutional majority, was passed. HB 1562. By Representatives Unterman of the 84th, Hanner of the 159th and Rogers of the 20th:

A bill to be entitled an Act to create the Lake Sidney Lanier Watershed Governance Council; to provide a statement of legislative intent; to provide a statement of purpose; to define certain terms; to provide for powers of the council; to provide for membership and the appointment of members; to provide for officers; to provide for the duties of officers; to provide for meetings; to provide for a budget; to provide for oversight; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Cagle of the 49th.

Senator Cagle of the 49th asked unanimous consent that HB 1562 be dropped to the foot of the calendar.

Wednesday, March 15, 2000

1481

The consent was granted and HB 1562 was dropped to the foot of the Rules Calendar for today.

HB 1594. By Representatives Harbin of the 113th, Watson of the 70th, Tolbert of the 25th and Rice of the 79th:

A bill to be entitled an Act to amend Code Section 33-28-3 of the Official Code of Georgia Annotated, relating to standard nonforfeiture provisions for individual deferred annuities, so as to change certain provisions relating to cash surrender benefits; to change certain provisions relating to operative dates of said Code section; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Brush of the 24th.

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

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

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

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

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

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

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

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

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

Senate Sponsor: Senator Marable of the 52nd.

The Senate Rules Committee offered the following amendment:

Amend HR 330 by striking lines 13 and 14 of page 2 and inserting in lieu thereof the following:

"or before December 31, 2000. The committee shall stand abolished on December 31, 2000." On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

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JOURNAL OF THE SENATE

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

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

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

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

On the adoption of the resolution, the yeas were 51, nays 1.

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

HB 1257. By Representatives Borders of the 177th, Shaw of the 176th and Stallings of the 100th:

A bill to be entitled an Act to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to change definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Golden of the 8th.

Senators Golden of the 8th, Lee of the 29th and Crotts of the 17th offered the following substitute to HB 1257:

A BILL

To be entitled an Act to amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, so as to clarify when the holder of a dishonored instrument may charge to the maker of such instrument any fees that a bank or financial institution charges such holder for handling such dishonored instrument; to change definitions relating to deposit account fraud; to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to certain retail installment contract check dishonor fees, so as to change the fee amount; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving forgery and fraudulent practices, is amended by striking Code Section 16-9-20, relating to deposit account fraud, and inserting in lieu thereof a new Code section to read as follows:

"16-9-20.

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1483

(a) A person commits the offense of deposit account fraud when such person makes, draws, utters, executes, or delivers an instrument for the payment of money on any bank or other depository in exchange for a present consideration or wages, knowing that it will not be honored by the drawee. For the purposes of this Code section, it is prima-facie evidence that the accused knew that the instrument would not be honored if:

(1) The accused had no account with the drawee at the time the instrument was made, drawn, uttered, or delivered;

(2) Payment was refused by the drawee for lack of funds upon presentation within 30 days after delivery and the accused or someone for him or her shall not have tendered the holder thereof the amount due thereon, together with a service charge, within ten days after receiving written notice that payment was refused upon such instrument. For purposes of this paragraph:

(A) Notice mailed by certified or registered mail evidenced by return receipt to the person at the address printed on the instrument or given at the time of issuance shall be deemed sufficient and equivalent to notice having been received as of the date on the return receipt by the person making, drawing, uttering, executing, or delivering the instrument. A single notice as provided in subparagraph (B) of this paragraph shall be sufficient to cover all instruments on which payment was refused and which were delivered within a ten-day period by the accused to a single entity, provided that the form of notice lists and identifies each instrument; and

(B) The form of notice shall be substantially as follows:

'You are hereby notified that the following instrument(s)

Number _______ _______ _______ _______ _______

Date _______ _______ _______ _______ _______

Amount _______ _______ _______ _______ _______

Name of Bank _______ _______ _______ _______ _______

drawn upon ____________ and payable to ___________, (has) (have) been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the total amount of the instrument(s) plus the applicable service charge(s) of $________ and any fee charged to the holder of the instrument(s) by a bank or financial institution as a result of the instrument(s) not being honored, the total amount due being ____________ dollars and ______ cents. Unless this amount is paid in full within the specified time above, a presumption in law arises that you delivered the instrument(s) with the intent to defraud and the dishonored instrument(s) and all other available information relating to this incident may be submitted to the magistrate for the issuance of a criminal warrant or citation or to the district attorney or solicitor-general for criminal prosecution.'; or

(3) Notice mailed by certified or registered mail is returned undelivered to the sender when such notice was mailed within 90 days of dishonor to the person at the address printed on the instrument or given by the accused at the time of issuance of the instrument.

(b)(1) Except as provided in paragraphs (2) and (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of deposit account fraud shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows:

(A) When the instrument is for less than $100.00, a fine of not more than $500.00 or imprisonment not to exceed 12 months, or both;

(B) When the instrument is for $100.00 or more but less than $300.00, a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both; or

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JOURNAL OF THE SENATE

(C) When more than one instrument is involved and such instruments were drawn within 90 days of one another and each is in an amount less than $100.00, the amounts of such separate instruments may be added together to arrive at and be punishable under subparagraph (B) of this paragraph.
(2) Except as provided in paragraph (3) of this subsection and subsection (c) of this Code section, a person convicted of the offense of deposit account fraud, when the instrument is for an amount of not less than $300.00 nor more than $499.99, shall be guilty of a misdemeanor of a high and aggravated nature. When more than one instrument is involved and such instruments were given to the same entity within a 15 day period and the cumulative total of such instruments is not less than $300.00 nor more than $499.99, the person drawing and giving such instruments shall upon conviction be guilty of a misdemeanor of a high and aggravated nature.
(3) Except as provided in subsection (c) of this Code section, a person convicted of the offense of deposit account fraud, when the instrument is for $500.00 or more, shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $5,000.00 or by imprisonment for not more than three years, or both.
(4) Upon conviction of a first or any subsequent offense under this subsection or subsection (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the instrument, together with all costs of bringing a complaint under this Code section plus the amount of any fees charged to the holder of the instrument by a bank or financial institution as a result of the instrument not being honored. The court may require the defendant to pay as interest a monthly payment equal to 1 percent of the amount of the instrument. Such amount shall be paid each month in addition to any payments on the principal until the entire balance, including the principal and any unpaid interest payments, is paid in full. Such amount shall be paid without regard to any reduction in the principal balance owed. Costs shall be determined by the court from competent evidence of costs provided by the party causing the criminal warrant or citation to issue; provided, however, that the minimum costs shall not be less than $25.00. Restitution may be made while the defendant is serving a probated or suspended sentence.
(c) A person who commits the offense of deposit account fraud by the making, drawing, uttering, executing, or delivering of an instrument on a bank of another state 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 or by a fine in an amount of up to $1,000.00, or both.
(d) The prosecuting authority of the court with jurisdiction over a violation of subsection (c) of this Code section may seek extradition for criminal prosecution of any person not within this state who flees the state to avoid prosecution under this Code section.
(e) In any prosecution or action under this Code section, an instrument for which the information required in this subsection is available at the time of issuance shall constitute prima-facie evidence of the identity of the party issuing or executing the instrument and that the person was a party authorized to draw upon the named account. To establish this prima-facie evidence, the following information regarding the identity of the party presenting the instrument shall be obtained by the party receiving such instrument: the full name, residence address, and home phone number.
(1) Such information may be provided by either of two methods:
(A) The information may be recorded upon the instrument itself; or
(B) The number of a check-cashing identification card issued by the receiving party may be recorded on the instrument. The check-cashing identification card shall be issued only after the information required in this subsection has been placed on file by the receiving party.
(2) In addition to the information required in this subsection, the party receiving an instrument shall witness the signature or endorsement of the party presenting such instrument and as evidence of such the receiving party shall initial the instrument.

Wednesday, March 15, 2000

1485

(f) As used in this Code section, the term:
(1) 'Bank' shall include a financial institution as defined in paragraph (21) of Code Section 7-1-4 this Code section.
(2) 'Conviction' shall include the entering of a guilty plea, the entering of a plea of nolo contendere, or the forfeiting of bail.
(3) 'Financial institution' shall have the same meaning as defined in paragraph (21) of Code Section 7-1-4 and shall also include a national bank, a state or federal savings bank, a state or federal credit union, and a state or federal savings and loan association.
(4) 'Instrument' means a check, draft, debit card sales draft, or order for the payment of money.
(5) 'Present consideration' shall include without limitation:
(A) An obligation or debt of rent which is past due or presently due;
(B) An obligation or debt of state taxes which is past due or presently due;
(C) An obligation or debt which is past due or presently due for child support when made to the custodian of a minor child for the support of such minor child and which is given pursuant to an order of court or written agreement signed by the person making the payment;
(D) A simultaneous agreement for the extension of additional credit where additional credit is being denied; and
(E) A written waiver of mechanic's or materialmen's lien rights.
(6) 'State taxes' shall include payments made to the Georgia Department of Labor as required by Chapter 8 of Title 34.
(7) 'Holder in due course' shall have the same meaning as in Code Section 11-3-302.
(g) This Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3.
(h)(1) Any party holding a worthless instrument and giving notice in substantially similar form to that provided in subparagraph (a)(2)(B) of this Code section shall be immune from civil liability for the giving of such notice and for proceeding as required under the forms of such notice; provided, however, that, if any person shall be arrested or prosecuted for violation of this Code section and payment of any instrument shall have been refused because the maker or drawer had no account with the bank or other depository on which such instrument was drawn, the one causing the arrest or prosecution shall be deemed to have acted with reasonable or probable cause even though he, she, or it has not mailed the written notice or waited for the ten-day period to elapse. In any civil action for damages which may be brought by the person who made, drew, uttered, executed, or delivered such instrument, no evidence of statements or representations as to the status of the instrument involved or of any collateral agreement with reference to the instrument shall be admissible unless such statements, representations, or collateral agreement shall be written simultaneously with or upon the instrument at the time it is delivered by the maker thereof.
(2) Except as otherwise provided by law, any party who holds a worthless instrument, who complies with the requirements of subsection (a) of this Code section, and who causes a criminal warrant or citation to be issued shall not forfeit his or her right to continue or pursue civil remedies authorized by law for the collection of the worthless instrument; provided, however, that if interest is awarded and collected on any amount ordered by the court as restitution in the criminal case, interest shall not be collectable in any civil action on the same amount. It shall be deemed conclusive evidence that any action is brought upon probable cause and without malice where such party holding a worthless instrument has complied with the provisions of subsection (a) of this Code section regardless of whether the criminal charges are dismissed by a court due to payment in full of the face value of the instrument and applicable service charges subsequent to the date that affidavit for the warrant or citation is made. In any civil

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JOURNAL OF THE SENATE

action for damages which may be brought by the person who made, drew, uttered, executed, or delivered such instrument, no evidence of statements or representations as to the status of the instrument involved or of any collateral agreement with reference to the instrument shall be admissible unless such statements, representations, or collateral agreement shall be written simultaneously with or upon the instrument at the time it is delivered by the maker thereof.
(i) Notwithstanding paragraph (2) of subsection (a) of this Code section or any other law on usury, charges, or fees on loans or credit extensions, any lender of money or extender of other credit who receives an instrument drawn on a bank or other depository institution given by any person in full or partial repayment of a loan, installment payment, or other extension of credit may, if such instrument is not paid or is dishonored by such institution, charge and collect from the borrower or person to whom the credit was extended a bad instrument charge. This charge shall not be deemed interest or a finance or other charge made as an incident to or as a condition to the granting of the loan or other extension of credit and shall not be included in determining the limit on charges which may be made in connection with the loan or extension of credit or any other law of this state.
(j) For purposes of this Code section, no service charge or bad instrument charge shall exceed $25.00 or 5 percent of the face amount of the instrument, whichever is greater, except that the holder of the instrument may also charge the maker an additional fee in an amount equal to that charged to the holder by the bank or financial institution as a result of the instrument not being honored.
(k) An action under this Code section may be prosecuted by the party initially receiving a worthless instrument or by any subsequent holder in due course of any such worthless instrument."
SECTION 2.
Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to certain retail installment contract check dishonor fees, is amended by striking subsection (b) thereof and inserting in its place the following:
"(b) A retail installment contract or a revolving account may provide that if the buyer submits to the retail seller as payment for an unpaid balance, or portion thereof, in that account or pursuant to that contract, a check, draft, or order for the payment of money on any bank or other depository, which check, draft, or order is not honored by the drawee, then a fee not to exceed $20.00 $25.00 or 5 percent of the face amount of the check, draft, or order, whichever is greater, may be charged to the buyer and will be added to the unpaid balance on the buyer's account if ten days have elapsed since the retail seller has mailed to the buyer at his or her last known address written notice of the failure to honor the check, draft, or order without the check, draft, or order having been made good. If a fee is charged under this subsection, then no delinquency charge shall be made as to the first installment which is in default but would not have been in default if the check, draft, or order had not been dishonored. A fee authorized by this Code section shall not be deemed to be time price differential, interest, or any other type of finance charge and shall not be included in determining whether any limitations on time price differential, interest, or other finance charges have been exceeded."
SECTION 3.
This Act shall become effective on the first day of the month following the month in which this Act is approved by the Governor or becomes law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 40, nays 0, and the Golden, et al. substitute was adopted.
Pursuant to Senate Rule 143, action on HB 1257 was suspended and the bill was placed on the General Calendar.

Wednesday, March 15, 2000

1487

SR 644. By Senators Dean of the 31st, Marable of the 52nd and Walker of the 22nd:

A resolution creating the Senate Petroleum Industry Study Committee; and for other purposes.

Senator Walker of the 22nd offered the following amendment:

Amend SR 644 by striking the word "six" on line 17 of page 1 and inserting in its place the word "five".

By striking from lines 19 and 20 of page 1 the following:

"one member of the committee shall be appointed from the petroleum refining industry;".

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

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

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

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

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

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

On the adoption of the resolution, the yeas were 46, nays 1.

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

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

The motion prevailed, and the President announced the Senate adjourned at 5:52 p.m.

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Senate Chamber, Atlanta, Georgia Thursday, March 16, 2000
Thirty-eighth Legislative Day

The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President.

Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.

Senator James of the 35th moved that the Senate reconsider its action in defeating the following bill:

HB 1312. By Representative Martin of the 47th:

A bill to be entitled an Act to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6045), so as to revise certain costs and service fees charged by the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.

On the motion, the President ordered a roll call, and the vote was as follows:

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

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

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

On the motion, the yeas were 44, nays 0; the motion prevailed, and HB 1312 was reconsidered and placed on the Senate General Calendar. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 348. SB 327. SB 352. SB 397. SB 477. SB 377.

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1489

By Senators Lee of the 29th and Kemp of the 3rd:
A bill to be entitled an Act to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to interest and usury, so as to change provisions regarding criminal penalty for excessive interest to ensure such penalties do not apply to pawnbrokers; to provide for related matters; to repeal conflicting laws.

By Senators Starr of the 44th, Walker of the 22nd and Gillis of the 20th:
A bill to be entitled an Act to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division of the Department of Natural Resources, so as to specify a period of time within which the director must act on permit and variance applications; to provide that when the director does not either grant or deny a permit or variance application within the time specified for the director to do so, the director shall refund any fees submitted with the application; to provide for related matters; to repeal conflicting laws.

By Senators Fort of the 39th, Thomas of the 10th and Tate of the 38th:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Annotated, relating to the transfer of tax executions, so as to provide for the transfer of such executions upon verification by the local tax official that the proposed transferee is current on all ad valorem tax obligations within the tax official's jurisdiction to collect; to provide for exceptions; to provide for the investigation and resolution of certain disputed tax obligations; to provide for an effective date; to repeal conflicting laws.

By Senator Egan of the 40th:
A bill to be entitled an Act to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to provide for creation of one or more series of shares within a class of shares; to provide for the number of shares, a distinguishing designation, and the preferences, limitations, and relative rights of the shares in a series; to provide that all shares of a series shall have identical preferences, limitations, and relative rights; to provide for exceptions; to provide for making the characteristics of the shares of a series or the holders thereof dependent upon facts ascertainable outside the articles of incorporation; to provide for a nonexhaustive list of characteristics of the shares of a series; to provide for effective dates; to repeal conflicting laws.

By Senators Ragan of the 11th and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the certification and labeling of organic food and feed; to provide a short title; to provide definitions; to provide for what constitutes organic food or feed; to provide for items which may be used in the production, preservation, and processing of plants and animals intended to meet the standard of identity for organic food or feed; to provide for regulation of identification, advertisement, promotion, labeling, and packaging of organic food and feed; to provide for regulation and standards for production, distribution, and processing practices; to repeal conflicting laws.

By Senators Hecht of the 34th, Scott of the 36th, Kemp of the 3rd and others:

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A bill to be entitled an Act to amend Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, so as to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firemen who become physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty while fighting a fire; to provide a conditional effective date and for automatic repeal; to repeal conflicting laws.

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

SB 474.

By Senators Jackson of the 50th, Thompson of the 33rd, Butler of the 55th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., re lating to procedures for sentencing and imposition of punishment, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended misdemeanor cases, except as provided in this Act; to amend Article 2 of Chapter 8 of Title 42 of the O.C.G.A., relating to the state-wide probation system, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended sentences in misdemeanor cases, except as provided in this Act; to repeal conflicting laws.

SB 27.

By Senators Johnson of the 1st, Marable of the 52nd, Smith of the 25th and others:
A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide that any warrant for the arrest of a teacher or school administrator for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court; to provide for an effective date and for applicability.

SB 297.

By Senators Brown of the 26th, Ladd of the 41st, Polak of the 42nd and others:
A bill to be entitled an Act to amend Title 4 of the Official Code of Georg ia Annotated, relating to animals, so as to change certain references relating to cruelty to animals; to include a certain reference relating to animal fighting; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to revise comprehensively the law relating to the offense of cruelty to animals; to repeal conflicting laws.

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

SB 334.

By Senators Madden of the 47th, Hill of the 4th, Hooks of the 14th and others:
A bill to be entitled an Act to amend Chapter 20B of Title 33 of the Official Code of Georgia Annotated, the "Essential Rural Health Care Provider Access Act," so as to eliminate the exemption for health maintenance organizations; to provide related matters; to repeal conflicting laws.

SB 398.

By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd and others:

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1491

A bill to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the OneGeorgia Authority; to provide a short title; to provide for legislative findings and declaration of necessity; to provide definitions; to provide for the composition of the authority; to provide for the appointment of an executive director; to provide for limitation on the authority's liability; to provide for the powers of the authority; to provide for the powers to issue bonds and incur indebtedness; to provide for obligations not subject to the "Georgia Securities Act of 1973"; to provide for bonds as securities; to provide for the payment of bond proceeds; to provide for other matters relative to the foregoing; to repeal conflicting laws.

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

SR 204.

By Senators Hecht of the 34th, Broun of the 46th, Gillis of the 20th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide a program of compensation for law enforcement officers who become physically disabled as a result of physical injury incurred in the line of duty and caused by a willful act of violence, which program shall authorize the officer to receive his or her regular compensation for the period of time that the officer is unable to perform the duties of his or her employment, not exceeding 12 months; to provide certain exceptions and limitations with respect to such program of compensation; to provide for the submission of this amendment for ratification or rejection.

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

HB 1221.

By Representatives Powell of the 23rd, Hanner of the 159th, Buck of the 135th and others:
A bill to amend Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, so as to authorize the owner or operator of a building containing four or more residential units to charge tenants separately for water service based upon usage; to provide that such an owner or operator shall not be considered the owner or operator of a public water system or a public utility.

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

HB 1142.

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

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

HB 1306.

By Representatives Davis of the 132nd, Jamieson of the 22nd, Taylor of the 134th and others:
A bill to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school".

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The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 172.

By Representatives Coleman of the 142nd, Childers of the 13th, Sinkfield of the 57th and others:

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

The Speaker has appointed on the part of the House, Representatives Heard of the 89th, Sinkfield of the 57th and Parrish of the 144th.

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

SR 769. By Senator Bowen of the 13th:

A resolution urging county governing authorities and municipal corporations to review the salaries and benefits of local law enforcement personnel and, where necessary, to adopt a minimum annual salary for deputy sheriffs, county police officers, and municipal police officers equivalent to or exceeding the beginning salary of correctional officers employed by the Georgia Department of Corrections; urging the Georgia Sheriffs' Association, the Association County Commissioners of Georgia, the Georgia Association of Chiefs of Police, and the Georgia Municipal Association to support the creation of legislative committees to study salaries and benefits of deputy sheriffs, county police officers, and municipal police officers; and for other purposes.

Referred to the Committee on Rules.

SR 770. By Senators Hill of the 4th, Gillis of the 20th, Kemp of the 3rd and others:

A resolution creating the Senate Coastal Tourism Study Committee; and for other purposes.

Referred to the Committee on Rules.

The following bills of the House were read the first time and referred to committee:

HB 1695. By Representative Twiggs of the 8th:

A bill to be entitled an Act to provide for an advisory referendum election to be held in Union County for the purpose of determining the form of county government desired by the people of Union County; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1697. By Representative Coleman of the 80th:

A bill to be entitled an Act to amend an Act entitled, "An Act providing a new charter for the City of Duluth," approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4400), and an Act approved March 25, 1996 (Ga. L. 1996, p. 3559), so as to amend the description of the corporate limits of said city; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

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HB 1701. By Representative Ray of the 128th:
A bill to be entitled an Act to amend an Act reconstituting the Board of Education of Crawford County, approved March 19, 1993 (Ga. L. 1993, p. 4136), so as to change the method of compensating the members of the Board of Education of Crawford County; to provide for the reimbursement of expenses incurred by board members for travel outside of the county; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1703. By Representatives Ray of the 128th and James of the 140th:
A bill to be entitled an Act to amend an Act providing for the Board of Education of Peach County, approved March 20, 1990 (Ga. L. 1990, p. 4155), so as to change the compensation of board members; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1719. By Representatives Callaway of the 81st, Rice of the 79th, Coan of the 82nd and others:
A bill to be entitled an Act to repeal a local amendment to Article V, Section IX of the Constitution of the State of Georgia creating the Gwinnett Industrial Building Authority; to provide for a referendum; to provide for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1724. By Representative Twiggs of the 8th:
A bill to be entitled an Act to amend an Act creating the White County Water and Sewerage Authority, approved March 28, 1984 (Ga. L. 1984, p. 4920), as amended, so as to provide for a change in the membership of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1725. By Representative Coleman of the 142nd:
A bill to be entitled an Act to amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), so as to change the method of appointing members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1726. By Representatives Bordeaux of the 151st, Jackson of the 148th, Day of the 153rd and others:
A bill to be entitled an Act to amend an Act creating the Chatham-Savannah Authority for the Homeless, approved February 4, 1989 (Ga. L. 1989, p. 4701), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4109), so as to change provisions relating to membership, meetings, and purposes of the authority; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1728. By Representative Holland of the 157th:
A bill to be entitled an Act to provide a new charter for the City of Rebecca; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and

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the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1729. By Representative Holland of the 157th:
A bill to be entitled an Act to provide a new charter for the City of Warwick; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1730. By Representative Stokes of the 92nd:
A bill to be entitled an Act to provide a new charter for the Town of Porterdale; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor, mayor pro tem., and town council and certain duties, powers, and other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1731. By Representative Coleman of the 142nd:
A bill to be entitled an Act to provide a new charter for the City of Cochran; to provide for the name, corporate boundaries, and powers of the city and the governing authority; to provide for the structure of the government of the city; to provide for a city council and the membership, officers, election, terms, qualifications, vacancies, compensation, and expenses thereof; to provide for a mayor; to prohibit conflicts of interest and holding other offices; to provide for disclosures and ethics; to provide for inquiries and investigations; to provide for eminent domain; to provide for meetings and rules of procedure; to provide for quorums and voting; to provide for ordinances, resolutions, emergencies, and codes of technical regulations; to repeal a specific Act; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1732. By Representative Cummings of the 27th:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Rockmart, approved April 8, 1968 (Ga. L. 1968, p. 3224), as amended, so as to change the corporate limits of said city; to provide for a clarification of the effect of such annexation; to provide that such annexation shall not create any unincorporated islands in violation of law; to repeal conflicting laws; and for other purposes.

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Referred to the Committee on State and Local Governmental Operations.
HB 1733. By Representative Greene of the 158th:
A bill to be entitled an Act to provide a new charter for the City of Shellman; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1734. By Representative Mosley of the 171st:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 3667), as amended, particularly by an Act revising said charter, approved March 21, 1980 (Ga. L. 1980, p. 3667), so as to change the corporate limits of the City of Ludowici by annexing certain territory into the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1735. By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th:
A bill to be entitled an Act to amend an Act providing for a supplement to the compensation, salary, expenses, and allowances of the Sheriff of Columbia County, approved February 18, 1977 (Ga. L. 1977, p. 2719), so as to clarify how the salary of such sheriff is to be calculated; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1736. By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th:
A bill to be entitled an Act to provide for an advisory referendum election to be held in Columbia County for the purpose of determining the form of county government desired by the people of Columbia County; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1737. By Representative Dukes of the 161st:
A bill to be entitled an Act to provide that the judge of the Probate Court of Baker County shall also serve as the chief magistrate of the Magistrate Court of Baker County; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to provide for vacancies; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.

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HB 1738. By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th:

A bill to be entitled an Act to amend an Act providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 595), as amended by an Act approved March 30, 1987 (Ga. L. 1987, p. 4976), and an Act approved March 30, 1993 (Ga. L. 1993, p. 4457), so as to change the provisions relating to such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1739. By Representatives Birdsong of the 123rd and Jenkins of the 110th:
A bill to be entitled an Act to amend an Act incorporating the City of Gray, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, so as to provide that the City of Gray may acquire, construct, and maintain, by condemnation or otherwise, inside or outside the city limits, public ways, public grounds, public buildings, sewers, drains, sewage treatment and waterworks systems, and any other public water and sewer improvements; to provide that such city, by ordinance, may establish and enforce rules and regulations necessary to preserve order, peace, and dignity on any property or facilities so acquired; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1740. By Representative Jenkins of the 110th:
A bill to be entitled an Act to amend an Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), as amended, so as to change certain provisions regarding compensation and expenses of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1741. By Representatives Reed of the 52nd, Stanley of the 49th, Stanley of the 50th and others:
A bill to be entitled an Act to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city who are 65 years of age or over whose net income does not exceed $40,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

The Committee on Corrections, Correctional Institutions and Property has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:

HB 1412. Do pass as amended.

Respectfully submitted, Senator Hecht of the 34th District, Chairman

Mr. President:

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1497

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

SR 613. Do pass. SR 636. Do pass.

Respectfully submitted, Senator Stokes of the 43rd District, Chairman

Mr. President:

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

HB 679. Do pass. HB 818. Do pass by substitute.

Respectfully submitted, Senator Madden of the 47th District, Chairman

Mr. President:

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

SB 481. Do pass by substitute. HB 703. Do pass. HB 1206. Do pass as amended. HB 1464. Do pass. HB 1541. Do pass.

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

Mr. President:

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

HB 1376. Do pass. HB 1426. Do pass as amended.

Respectfully submitted, Senator Gillis of the 20th District, Chairman

Mr. President:

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

HB 1031. Do pass.

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

Mr. President:

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

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HR 850. Do pass by substitute. HR 1208. Do pass. SR 654. Do pass. SR 630. Do pass.

Respectfully submitted, Senator Scott of the 36th District, Chairman

Mr. President:

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

HB 1428. Do pass.

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

Mr. President:

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

HB 1476. HB 1570. HB 1666. HB 1688. HB 1670. HB 1665. HB 1675. HB 1696. HB 1699. HB 1700. HB 1702. HB 1705. HB 1707. HB 1708. HB 1709. HB 1710. HB 1474. HB 1714. SB 540. SB 539. HB 351. HB 591. HB 846. HB 811. HB 266.

Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass as amended. Do pass. Do pass. Do pass.

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

Mr. President:

Thursday, March 16, 2000

1499

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

HB 1180. Do pass by substitute. HB 1348. Do pass by substitute. HB 1553. Do pass by substitute. HB 1654. Do pass by substitute.

Respectfully submitted, Senator Streat of the 19th District, Chairman

The following bills and resolutions were read the second time:

HB 1031 HB 1180 HB 1206 HB 1348 HB 1376 HB 1412 HB 1426 HB 1428 HB 1464 HB 1541 HB 1553 HB 846

HB 1654 HB 679 HB 703 HB 591 HR 1208 HR 850 SB 481 SR 613 SR 630 SR 636 SR 659

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

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

Hamrick Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Ladd Lamutt Land Lee Madden Marable M V Bremen

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

Those not answering were:

Balfour Egan (excused) Kemp Ray Scott Thomas, N. Williams

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The following member was off the floor of the Senate when the roll was called and wishes to be recorded as present: Senator Williams of the 6th

The members pledged allegiance to the flag. Prayer was offered by Reverend Helen Henry of LaGrange, Georgia. The following resolutions were read and adopted: SR 765. By Senator James of the 35th:
A resolution recognizing the Eighty-Eighth Session of the South Georgia Annual Conference of A.M.E. Churches; and for other purposes. SR 766. By Senators Dean of the 31st and Marable of the 52nd: A resolution recognizing and commending home schools; and for other purposes. SR 767. By Senator Bowen of the 13th: A resolution commending the Georgia Funeral Directors Association on its 100th anniversary; and for other purposes. SR 768. By Senators Ragan of the 11th and Meyer von Bremen of the 12th: A resolution expressing regret at the loss of life and shelter among citizens of Mitchell County due to a tornado; and for other purposes. SR 771. By Senator Hill of the 4th: A resolution expressing regret at the passing of Honorable Charles K. Rewis; and for other purposes. SR 772. By Senator Hill of the 4th: A resolution expressing regret at the passing of Honorable Tennyson Elders; and for other purposes. SR 773. By Senator Ragan of the 11th: A resolution expressing regret at the loss of life and shelter among citizens of Grady County due to a tornado; and for other purposes.

SR 774. SR 775.

By Senators Starr of the 44th and Broun of the 46th:
A resolution commending the Georgia State Golf Association and the Professional Golfers Association of America, Georgia Section, for their work on behalf of the Junior Golf Program in the State of Georgia; and for other purposes.
By Senator Hill of the 4th:
A resolution recognizing and commending the Wades Baptist Church; and for other purposes.

Thursday, March 16, 2000

1501

SR 776. By Senators Hill of the 4th and Kemp of the 3rd:

A resolution paying tribute to William W. Nelson; and for other purposes.

SR 778. By Senator Hill of the 4th:

A resolution expressing deep regret at the passing of Angie Wendelken; and for other purposes.

SR 779. By Senators Streat of the 19th, Starr of the 44th and Walker of the 22nd:

A resolution commending the W.H.A.L.E. Program sponsored by the Council on Auxiliaries/Volunteers; and for other purposes.

Senator Jackson of the 50th introduced the North Georgia College Blue Ridge Rifle National Champions.

The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR

Thursday, March 16, 2000 Thirty-eighth Legislative Day

(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1476

Perdue of the 18th

CITY OF CENTERVILLE

A bill to be entitled an Act to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 17, 1992 (Ga. L. 1992, p. 6443), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)

HB 1570

Huggins of the 53rd Thomas of the 54th

CITY OF FORT OGLETHORPE

A bill to be entitled an Act to provide for homestead exemptions from certain City of Fort Oglethorpe ad valorem taxes for municipal purposes for certain residents of the City of Fort Oglethorpe; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

HB 1666

Williams of the 6th

PIERCE COUNTY

A bill to provide for a homestead exemption from certain Pierce County ad valorem taxes for county purposes in an amount equal to the amount by which the current year

1502 HB 1688 HB 1670 HB 1665
HB 1675 HB 1696

JOURNAL OF THE SENATE
assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
Williams of the 6th
PIERCE COUNTY
A bill to be entitled an Act to amend an Act creating a Board of Commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended, particularly by an Act approved April 14, 1997 (Ga. L. 1997, p. 4189), so as to change the compensation for the chairperson; to provide an effective date; to repeal conflicting laws; and for other purposes.
Williams of the 6th
PIERCE COUNTY
A bill to provide for a homestead exemption from certain Pierce County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
Thomas of the 2nd Johnson of the 1st
CITY OF VERNONBURG
A bill to be entitled an Act to provide for a homestead exemption from certain City of Vernonburg ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for the specific repeal of an Act approved April 12, 1999 (Ga. L. 1999, p. 4207); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Thomas of the 2nd Johnson of the 1st
CITY OF VERNONBURG
A bill to provide for a homestead exemption from certain City of Vernonburg ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; and for other purposes.
Kemp of the 3rd
CITY OF HINESVILLE
A bill to be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.

HB 1699
HB 1700 HB 1702 HB 1705 HB 1707

Thursday, March 16, 2000

1503

(SUBSTITUTE)
Golden of the 8th
CITY OF REMERTON
A bill to be entitled an Act to provide a new charter for the City of Remerton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
Brush of the 24th
OGLETHORPE COUNTY
A bill to be entitled an Act to amend an Act creating the Board of Commissioners of Oglethorpe County, approved February 13, 1986 (Ga. L. 1986, p. 3586), as amended, particularly by an Act approved February 1, 1989 (Ga. L. 1989, p. 3505), so as to change the compensation of the chairperson of the board; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Ragan of the 11th
MILLER COUNTY
A bill to be entitled an Act to amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, particularly by an Act approved March 18, 1986 (Ga. L. 1986, p. 3917), so as to reapportion the education districts in said county; to provide for submission; to provide for related matters; to repeal conflicting laws; and for other purposes.
Marable of the 52nd
FLOYD COUNTY
A bill to be entitled an Act to provide a homestead exemption from Floyd County ad valorem taxes for county purposes in the amount of $8,000.00 of the assessed value of that homestead for certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Perdue of the 18th Hooks of the 14th
CITY OF PERRY

1504 HB 1708 HB 1709 HB 1710 HB 1474 HB 1714

JOURNAL OF THE SENATE
A bill to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, approved March 29, 1983 (Ga. L. 1983, p. 4386), as amended, particularly by an Act approved April 9, 1999 (Ga. L. 1999, p. 4112), so as to change the corporate limits of the City of Perry by annexing certain territory in Houston and Peach counties into the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
Price of the 28th Hecht of the 34th
FAYETTE COUNTY
A bill to be entitled an Act to transfer the intake and probation services of the Juvenile Court of Fayette County to the state-wide juvenile and intake services funded by the Department of Juvenile Justice; to provide for a transfer of employees; to provide for the approval of such transfer; to provide for a contingent applicability date; to provide an effective date; to repeal conflicting laws; and for other purposes.
Ray of the 48th Cagle of the 49th
FORSYTH COUNTY
A bill to be entitled an Act to provide a homestead exemption from all Forsyth County school district ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Ray of the 48th Cagle of the 49th
FORSYTH COUNTY
A bill to be entitled an Act to amend an Act creating and establishing a civil service system in Forsyth County for the employees of Forsyth County, approved March 13, 1978 (Ga. L. 1978, p. 3576), as amended, particularly by an Act approved April 28, 1999 (Ga. L. 1999, p. 4925), so as to exempt certain employees of the sheriff from the civil service system and from any rights, protections, privileges, or right of appeal under the civil service system; to repeal conflicting laws; and for other purposes.
Brush of the 24th
MCDUFFIE COUNTY
A bill to be entitled an Act to amend an Act providing for the Board of Commissioners of McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, so as to change the compensation of the chairperson; to repeal the requirement that the chairperson devote his or her full time to the duties of the office; to provide for an effective date; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Brush of the 24th

Thursday, March 16, 2000

1505

COLUMBIA COUNTY

A bill to be entitled an Act to amend an Act providing for the election of the members of the board of education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4564), so as to provide for an increase in the compensation of such members; to repeal conflicting laws; and for other purposes.

SB 540

Lee of the 29th

MERIWETHER COUNTY

A bill to be entitled an Act to provide for a homestead exemption from certain Meriwether County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to the current owner; to provide for a homestead exemption from certain Meriwether County School District ad valorem taxes for educational purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead; to repeal conflicting laws; and for other purposes.

SB 539

Stephens of the 51st

GILMER COUNTY

A bill to be entitled an Act to amend an Act creating a board of commissioners of Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824), so as to change the compensation of the chairperson of the board of commissioners; to provide for cost-ofliving adjustments and longevity increases; to provide for an effective date; to repeal conflicting laws; and for other purposes.
The substitutes to the following bills were put upon their adoption:

*HB 1476

The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1476:

A BILL

To be entitled an Act to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 17, 1992 (Ga. L. 1992, p. 6443), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
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 17, 1992 (Ga. L. 1992, p. 6443), is amended by inserting at the end of paragraph (2) the following:

"Also included within the corporate limits of the City of Centerville is the following described property:

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JOURNAL OF THE SENATE

All that tract or parcel of land, known as, HOUSTON LAKE ROAD lying and being in Land Lots 99, 100 and 101 of the fifth land district of Houston County, Georgia. Said road right-of-way being 40 feet wide each side and parallel to the center line of said road and more particularly described as follows:
BEGINNING at a point where the center line of Houston Lake Road intersects with the city limits at Collins Avenue; thence in a northerly direction along the center line of Houston Lake Road for approximately 1.24 miles to a point where the center line of Houston Lake Road intersects with the westerly extension of the northerly right-ofway of Dunbar Road; said point being the end of the description of Houston Lake Road.
All that tract or parcel of land, known as, THOMSON ROAD lying and being in Land Lots 85, 86, 97 and 98 of the fifth land district of Houston County, Georgia. Said road right-of-way being 30 feet wide each side and parallel to the center line of said road and more particularly described as follows:
BEGINNING at a point on the center line of Thomson Road where the southerly extension of the westerly right-ofway of Spring Valley Drive intersects therewith; thence in a westerly direction along the center line of Thomson Road for approximately 0.69 miles to a point where the center line of said road intersects with the easterly right-ofway of U.S. Hwy. No. 41(SR No. 11); said point being the end of this description of Thomson Road.
All that tract or parcel of land known as U.S. HWY. NO. 41 (SR No. 11) lying and being in Land Lots 71, 72, 73, 84, 85 and 86 of the fifth land district of Houston County, Georgia. Said road right-of-way being 40 feet wide each side and parallel to the center line of said road and more particularly described as follows:
BEGINNING at a point where the center line of U.S. Hwy. No. 41(SR No. 11) intersects with the westerly extension of the southerly right-of-way of Thomson Road; thence in a northerly direction along the center line of U.S. No. 41(SR No. 11) for approximately 1.26 miles to a point where the center line of said road intersects with the easterly extension of the southerly right-of-way of Oak Grove Church Road; said point being the end of this description of U.S. No. 41(SR No. 11)."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
*HB 1696
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1696:
A BILL
To be entitled an Act to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), so as to change the corporate limits of said city; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," approved March 10, 1959 (Ga. L. 1959, p. 2604), is amended by inserting immediately following Section 2 a new Section 2A to read as follows:
"SECTION 2A.

Thursday, March 16, 2000

1507

In addition to the area now included in the corporate limits of the City of Hinesville, the following area shall be included in the corporate limits of such city:
All that certain tract or parcel of land lying or being in the 17th G.M. District of Liberty County, Georgia, being more particularly described as follows. Beginning at the intersection of the western right of way of Georgia Highway 119 (General Screven Way) and the Fort Stewart boundary said point being Fort Stewart marker FS 756 and the POINT OF BEGINNING. From the POINT OF BEGINNING, proceed N 2623'48"W a distance of 1331.75' to a concrete monument found (FS 01), thence S 5449'01"W a distance of 401.03' to a concrete monument found (FS 02), thence S 54 31'30"W a distance of 1368.03' to a concrete monument found (FS 03), thence N 8831'30"W a distance of 190.19' to a concrete monument found (FS 04), thence S 2614'48"W a distance of 1539.17' to a concrete monument found (FS 06), thence S 7053'55"W a distance of 628.43' to a point, thence S 8907'14"W a distance of 249.94' to a concrete monument found (FS 07), thence S 8907'14"W a distance of 1070.02' to a concrete monument found (FS 08), thence S 8926'39"W a distance of 1296.37' to a point, thence N 8742'10"W a distance of 1320.10' to a point, thence N 8738'49"W a distance of 1012.78' to a point, thence N 8420'13"W a distance of 1067.06' to a point, thence "N 7133'57"W a distance of 1320.95' to a concrete monument found (FS 13), thence N 7041'45"W a distance of 1320.56' to a concrete monument found (FS 14), thence N 7037'15"W a distance of 1102.86' to a concrete monument found (FS 15), thence N 3053'12"E a distance of 752.85' to a point, thence N 4625'21"E a distance of 493.87' to a point, thence N 1951'11"E a distance of 520.39' to a point, thence N 4119'36"E a distance of 254.26' to a point, thence along the paved section of 15th Street N 4940'06"E a distance of 3560.42' to a point, thence along a curve to the left with a radius of 2068.86', a distance of 1090.14' to a point, thence N 2227'11"E a distance of 2180.26' to a point, thence along a curve to the right with a radius of 1995.23', a distance of 929.13' to a point, thence N 4638'55"E a distance of 745.35' to a point, thence N 4319'47"W a distance of 1387.14' to a point, thence N 6537'44"W a distance of 156.70' to a point, thence N 4322'04"W a distance of 1631.78' to a point, thence N 2549'36"E a distance of 909.75' to a point, thence N 5820'49"E a distance of 367.28' to a point on the right of way of Georgia State Route 119, thence along the northern right of way of State Route 119 along a curve to the right with a radius of 1126.28'a distance of 375.72' to a point thence, along a curve to the right with a radius of 11967.92' a distance of 681.88' to a point, thence along a curve to the radius of 588.76' a distance of 272.11' to a point, thence N 6451'11"E a distance of 733.09' to a point, thence along a curve to the left with a radius of 2935.77' a distance of 516.37' to a point, thence N 5509'59"E a distance of 992.89' to a point, thence along a curve to the left with a radius of 1394.39' a distance of 639.67' to a point, thence N 3358'25"E a distance of 1492.92' to a point, thence along a curve to the right with a radius of 1370.47', a distance of 843.01' to a point, thence N 6434'02"E a distance of 7367.78' to a point, said point being the intersection of the northern right of way of State Route 144 and line offset 30' to the east of Fort Stewart Road #47, thence along the 30' offset line S 2706'23"E a distance of 7426.94' to a point, thence S 2651'19"E a distance of 267.38' to a point, thence traversing along a dirt road N 7112'16"E a distance of 1353.09' to a point, thence N 8810'56"E a distance of 1615.71' to a point, thence N 5209'19"E a distance of 1102.95' to a point, thence N 1911'11"E a distance of 1636.39' to a point, thence N 4459'09"E a distance of 4779.44' to a point, thence N6126'41"E a distance of 6504.89 to a point on Fort Stewart Road 49, thence traversing along Fort Stewart Road 49 S 3409'34"E a distance of 2902.02' to a point, thence s 0203'23"E a distance of 1477.81' to a point, thence S 2013 '42"W a distance of 1627.68' to a point, thence S 0811'09"E a distance of 991.29' to a point, thence S 1450'05"W a distance of 738.76' to a point, thence S 2558'05"W a distance of 1937.40' to a point, thence S 2702'13"E a distance of 1103.04' to a point, thence S 4602'27"E a distance of 1837.45' to a point on the Fort Stewart boundary, thence along the Fort Stewart boundary S 5131'03"W a distance of 770.08' to a point, thence S 5043'59"W a distance of 1302.69' to a concrete monument found (FS 711), thence S 5136'40"W a distance of 1456.74' to a concrete monument found (FS 712), thence S 5046'31"W a distance of 996.74' to a point, thence S 5116'18"W a distance of 999.99' to a point, thence S 5116'18"W a distance of 1000.00' to a point, thence S 5202'35"W a distance of 957.04' to a concrete monument found (FS 716), thence N 5100'46"W a distance of 1347.86' to a concrete monument found (FS 717), thence S 5041'07"W a distance of 240.41' to a point, thence N 6747'33"W a distance of 413.29' to a point, thence N 3719'55"W a distance of 1050.94' to a point, thence N 3719'55"W a distance of 3085.60' to a point, thence S 6013'48"W a distance of a distance of 1621.01' to a concrete monument found (FS 727), thence S 5848'24"W a distance of 613.69' to a concrete monument found (FS 728), thence S 6242'47"W a distance of 729.80' to an iron pin found in the center of Old Sunbury Road (Fort Stewart Road 47), thence S 5943'54"W a distance of 316.89' to a point, thence S 5953'29"W a distance of 154.49' to a point, thence S 5953'45"W a distance of 106.91' to a point, thence S 5953'31"W a distance of 230.58' to a point, thence S 5628'56"W a distance of 340.24' to a point, thence S 5633'26"W a distance of 1085.48' to a point, thence S 5633'07"W a distance of 2419.13' to a point, thence S 5633'56"W a distance of 1318.22' to a concrete monument

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JOURNAL OF THE SENATE

found (FS 739), thence S 76 41'55"W a distance of 1917.55' to a concrete monument found (FS 741), thence S 7648'58"W a distance of 286.21' to a point, thence S 4628'44"W a distance of 750.00' to a point, thence S 4628'38"W a distance of 817.92' to a point, thence S 0952'35"W a distance of 163.45' to a point, thence S 1138'01"E a distance of 1078.15' to a point, thence S 0811'56"W a distance of 101.88' to a point, thence S 1033'56"W a distance of 223.52 to a point, thence S 4651'03"W a distance of 705.46' to a point, thence S 4650'56"W a distance of 100.00' to a point, thence S 4651'01"W a distance of 702.25' to a point, thence S 8105'23"W a distance of 199.33' to a point, thence S 8105'09"W a distance of 150.02' to a point, thence S 0806'05"E a distance to a 204.73' to a point, thence N 8443'49"W a distance of 219.57' to a concrete monument found (FS 756) said POINT OF BEGINNING. Said tract contains 8,485.06 acres."
SECTION 2.
This Act shall become effective upon approval by the Secretary of the Army of the annexation of property located on a federal military installation. If such approval has not been granted by December 31, 2001, this Act shall be automatically repealed on that date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.
*HB 1474
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1474:
A BILL
To be entitled an Act to amend an Act providing for the Board of Commissioners of McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, so as to change the compensation of the chairperson; to repeal the requirement that the chairperson devote his or her full time to the duties of the office; to change the provisions relating to expenses; 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 the Board of Commissioners of McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, is amended by striking Section 7, relating to the compensation of the chairperson and members of the board and the requirement that the chairperson devote his or her full time to the duties of the office, and inserting in lieu thereof a new Section 7 to read as follows:
"SECTION 7.
(a) On and after January 1, 2001, the chairperson of the Board of Commissioners of McDuffie County shall receive a salary of $12,500.00 annually payable in 12 equal monthly installments from the funds of McDuffie County.
(b) The remaining four members of the board, other than the chairperson, shall each receive a salary of $7,500.00 annually payable in 12 equal monthly installments from the funds of McDuffie County.
(c) The board of commissioners shall be authorized to set, in its discretion, an expense allowance amount for members of the board, including the chairperson, for reimbursement of itemized expenses incurred on county business. Such expenses shall include expenses of attending conferences, telephone expenses, and milage for the use of a personal vehicle. No member of the board of commissioners shall be assigned or authorized to use a county vehicle on a full-time basis."

Thursday, March 16, 2000

1509

SECTION 2.

This Act shall become effective on January 1, 2001.

SECTION 3.

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

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted.

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

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

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

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

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

On the passage of the local bills, the yeas were 41, nays 0.

The bills on the Local Consent Calendar, except HB 1476, HB 1696 and HB 1474, having received the requisite constitutional majority, were passed.

HB 1476, HB 1696 and HB 1474, having received the requisite constitutional majority were passed by substitute.

The following resolutions, favorably reported by the committee as listed on the Senate Rules Calendar for Compensation Resolutions, were read the third time and put upon their adoption:

SENATE RULES CALENDAR

COMPENSATION RESOLUTIONS

HR 874

Ms. Shirley Free

$544.48

HR 875

Mr. Elmer Clyde Little, II

$600.00

HR 976

Mr. Robert Sanford

$1,165.67

HR 1050

Mr. Anthony S McCoppin, Jr.

$3,500.00

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JOURNAL OF THE SENATE

HR 1053

Mr. Calvin C. Johnson, Jr. (Amendment $100,000.00)

$500,000.00

Total $505,810.15

Senator Golden of the 8th asked unanimous consent that HR 1053 be removed from the Compensation Calendar and voted on separately. The consent was granted.

The report of the committee, which was favorable to the adoption of the resolutions as reported, was agreed to.

On the adoption of the resolutions, except HR 1053, on the Senate Rules Calendar for Compensation Resolutions, a roll call was taken, and the vote was as follows:

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

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

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

On the adoption of the resolutions, the yeas were 47, nays 0.

The resolutions, except HR 1053, having received the requisite constitutional majority, were adopted.

The following resolution was put upon its adoption:

HR 1053. By Representative Bailey of the 93rd:

A resolution compensating Mr. Calvin C. Johnson, Jr.; and for other purposes.

Senate Sponsor: Senator Golden of the 8th.

The Senate Appropriations Committee offered the following amendment:

Amend HR 1053 by striking from line 9 and line 17 of page 2 the following:

"$500,000.00",

and inserting in lieu thereof in both such places the following: "$100,000.00".

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

Thursday, March 16, 2000

1511

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

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

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

On the adoption of the amendment, the yeas were 44, nays 6, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

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

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

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

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

On the adoption of the resolution, the yeas were 43, nays 8.

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

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

Mr. President:

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

SR 777.

By Senator Starr of the 44th:

A resolution relative to adjournment.

NOTICE OF MOTION TO RECONSIDER:

HB 1312 Atlanta, City of; municipal court; costs and fees (SLGO-35th) Martin-47th

SENATE RULES CALENDAR
Thursday, March 16, 2000 THIRTY-EIGHTH LEGISLATIVE DAY
HB 592 Sales tax; contractors; eliminate certain withholding (F&PU-42nd) Skipper-137th
HB 1615 MARTA; additional board member; amend sales tax provisions (F&PU-42nd) Teper-61st HB 1455 Income tax credits; certain export businesses (F&PU-26th) Reichert-126th
(ENGROSSED IN HOUSE) HB 39 Jury duty exemptions; certain students; certain caregivers (Substitute) (Judy-3rd) Walker-141st
HB 441 Ad valorem tax; nonresident soldiers and sailors; motor vehicle tax situs (F&PU-31st) Walker-141st
HB 865 Speed detection devices; radar; use in historic districts (Substitute) (Pub Saf-29th) Mueller-152nd
HB 1448 Diseases; bloodborne pathogens; sharps injury protection (H&HS-43rd) Orrock-56th HB 1419 Housing authorities; for profit subsidiaries; authorization (F&PU-22nd) Stanley-50th
HB 1335 Breast Cancer and Prostate Cancer Research Program Fund; provisions (H&HS-43rd) Buckner-95th
HB 1403 Homestead option sales tax; proceeds; ad valorem property tax credits (Substitute) (F&PU-42nd) Teper-61st
HB 1619 Education; PROMISE teacher's scholarships; eligibility (H Ed-27th) Barnes-97th
HB 837 Trespass; damage to property; when cause of action accrues (Substitute) (V&CA-2nd) Bordeaux-151st
HB 1303 Special county 1% sales tax; certain transportation facilities (F&PU-31st) Benefield-96th HB 1576 Invasions of privacy; recording certain communications; minors (Substitute) (Judy-3rd)
Stokes-92nd HB 304 Magistrate courts; criminal trespass; amend provisions (Substitute) (Judy-3rd) Porter-143rd
HB 1134 Income tax credit; certain transportation fringe benefits (Substitute) (F&PU-32nd) Buck-135th
HB 817 Self-service storage facilities; amend provisions (V&CA-24th) Teper-61st

Thursday, March 16, 2000

1513

HR 878 Hall County; convey property (F&PU-49th) Rogers-20th HB 1352 Volunteers in Health Care Specialties Act; enact (H&HS-2nd) Jackson-148th
HB 648 State and local governments; certain vehicles; identifying markings (F&PU-2nd) Whitaker-7th
HB 656 Insurance; transactions by certain financial institutions (Substitute) (B&FI-23rd) Bannister-77th HB 712 Child molestation; include certain telephone conversations (Judy-12th) Cox-105th
HB 719 Animal control board; certain hearings; delete restriction (Judy-3rd) Ashe-46th
HB 1365 Safe Place for Newborns Act; enact (Substitute) (Judy-3rd) Barnard-154th HB 1411 Teaching hospitals; funding through Department of Community Health (H&HS-14th)
Porter-143rd HB 815 Claims against state; amend provisions (Approp-8th) Greene-158th
HB 1160 General appropriations; FY 2000-2001 (Substitute) (Approp-14th) Murphy-18th
HB 1671 Office of Planning and Budget; revenue shortfall reserve (Approp-14th) Murphy-18th HB 859 Legislative Retirement; certain General Assembly members; membership (Ret-5th)
Bannister-77th HB 892 Juvenile courts; certain employees; classified service of merit system (S Judy-18th) Allen-117th
HB 939 Ad valorem tax; levy and millage rate; comprehensive revision of provisions (F&PU-31st) Royal-164th
HB 1339 Alcoholic beverages; sales on election day; authorize; exceptions (V&CA-15th) Epps-131st
HR 1051 Joint Study Committee on Urban Road Building Guidelines; create (Substitute) (Trans-55th) Mobley-69th
HB 584 Guilty plea; alien or naturalized citizen; understand impact (Substitute) (Judy-12th) Mobley-69th HB 1629 Commerce and trade; Seed-Capital Fund; revise provisions (H Ed-42nd) Royal-164th
HB 1423 Motor vehicle emissions; amend provisions (Substitute) (Nat R-47th) McCall-90th
HB 1379 State employees' hlth ins plan; include certain emp of Ga-Fed State Inspection Service (Substitute) (I&L-8th) Hudson-156th
HB 646 Dialysis facilities and technicians; licensing; inspections (Substitute) ( H&HS-11th) Childers-13th HB 1234 Clinical laboratories; provisions inapplicable to certain pharmacists (H&HS-47th)
Stephens-150th HR 1081 Emanuel, Floyd, and Gordon Counties; convey property (Amendment) (F&PU-20th)
Parrish-144th HB 1133 Child custody; age eleven or over; consider wishes of child (Amendment) (Judy-3rd)
Ehrhart-36th

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HB 1197 Georgia Art Policy Committee; create (EDT&CA-46th) Purcell-147th
HB 1354 Quia timet; special master; clouds on title; removal (Judy-48th) Crawford-129th
HB 1375 Hotel-motel tax; certain counties and municipalities; amend provisions (F&PU-20th) Porter-143rd
HB 1397 Criminal extradition; request by corrections commissioner or designee (Judy-34th) Reece-11th
HB 1534 Law enforcement officers; uniforms; blue lights on pursuit vehicles (Pub Saf-29th) Coleman-142nd
HB 1079 Public works construction contracts; amend provisions (Substitute) (SLGO-G-48th) Shanahan-10th
HB 1253 Brooks County; superior court; change terms (SLGO-G-8th) Reaves-178th
HB 1204 Estates; vesting of property in heirs; administrator (Judy-3rd) Murphy-18th
HB 904 Childhood Lead Exposure Control Act; enact (Substitute) (Nat R-20th) Smyre-136th
HB 1383 Malt beverage; redefine; excise tax provisions (Substitute) (F&PU-22nd) Williams-114th
HB 1441 Motor Vehicle Safety, Department of; create (Substitute) (Trans-33rd) Murphy-18th
HB 1291 Hotel-motel tax; additional purposes; certain counties (F&PU-45th) Bunn-74th
Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee
The following general bills were read the third time and put upon their passage:
HB 592. By Representatives Skipper of the 137th and Royal of the 164th:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of state sales and use tax, so as to change certain provisions regarding payment of the tax by contractors; and for other purposes.
Senate Sponsor: Senator Polak of the 42nd..
Senators Cheeks of the 23rd and Polak of the 42nd offered the following amendment:
Amend HB 592 by striking lines 1 through 4 of page 1 and inserting in lieu thereof the following:
"To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to provide for an exemption with respect to the sale or use of certain prosthetic devices; to change certain provisions regarding payment of the".
By striking lines 11 through 13 of page 1 and inserting in lieu thereof the following:
"Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, is amended by striking paragraph (54) of Code Section 48-8-3, relating to exemptions from state sales and use tax, and inserting in its place new paragraphs (54) and (54.1) to read as follows:

Thursday, March 16, 2000

1515

'(54) The sale or use of any durable medical equipment and prosthetic device as defined under Titles XVIII and XIX of the federal Social Security Act which is paid for directly by funds of the State of Georgia or the United States under the medicare or Medicaid programs where state or federal law or regulation authorizing such payment prohibits the payment of sales and use tax in connection therewith. The commissioner shall specify by rule or regulation the durable medical equipment and prosthetic devices eligible for this exemption;

(54.1) The sale or use of any physician prescribed prosthetic device as defined under Titles XVIII and XIX of the federal Social Security Act;'
SECTION 2.

Said article is further".

By redesignating Section 2 on line 27 of page 3 as Section 3.

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

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

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

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

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

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

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

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

HB 1615. By Representatives Teper of the 61st, McKinney of the 51st, Royal of the 164th and others:

A bill to be entitled an Act to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, so as to provide for an additional ex officio member of the Board of Directors of the Authority; to provide that the rate of the retail sales and use tax for the Authority shall be 1 percent until and including June 30, 2062, and thereafter shall be reduced to one-half of 1 percent; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Polak of the 42nd.

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JOURNAL OF THE SENATE

Senator Ladd of the 41st offered the following amendment:

Amend HB 1615 by deleting on page 3, all of Section 2.

Renumber remaining sections accordingly.

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

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

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

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

On the adoption of the amendment, the yeas were 24, nays 29, and the Ladd amendment was lost.

Senators Thomas of the 10th, Balfour of the 9th and Burton of the 5th offered the following amendment:

Amend HB 1615 by deleting "18" on page 1, line 18 and insert "17"

Delete on page 2, on line 6, "and one"

Delete on page 2, line 7, line 8 after thereof.

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

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

Y Hamrick N Harbison
Hecht N Hill N Hooks N Huggins N Jackson Y James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N M V Bremen

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

Thursday, March 16, 2000

1517

N Gillis Y Gingrey N Golden Y Guhl

N Madden N Marable N Perdue N Polak

N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 21, nays 31, and the Thomas of the 10th, et al. amendment was lost.
Senator Thomas of the 10th offered the following amendment:

Amend HB 1615 by deleting on page 3, line 21 to 25 after "30", and insert 2010.

Senator Thomas of the 10th asked unanimous consent that her amendment be withdrawn. The consent was granted, and the amendment was withdrawn.

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

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

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

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

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

On the passage of the bill, the yeas were 38, nays 15.

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

At 12:10 p.m. the President announced that the Senate would stand in recess until 1:15 p.m. At 1:15 p.m. the President called the Senate to order.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

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SR 623.

By Senators Land of the 16th and Hooks of the 14th: A resolution designating the Myrtice McGarrah McMichael Bridge.

SR 638.

By Senators Gillis of the 20th, Hooks of the 14th, Bowen of the 13th and others:

A resolution designating the William S. Stuckey, Sr., Highway.

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

HB 1745.

By Representative McCall of the 90th:
A bill to provide that the judge of the Probate Court of Lincoln County shall also serve as the chief magistrate of the Magistrate Court of Lincoln County.

HB 1746.

By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to amend an Act providing a homestead exemption from City of Dalton ad valorem taxes for city purposes in the amount of $75,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and have annual incomes not exceeding $20,000.00 so as to provide for an increase in the income ceiling.

HB 1747.

By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to amend an Act creating a new charter for the City of Cohutta, so as to provide for further annexation and related matters.

HB 1748.

By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to amend an Act providing a homestead exemption from certain City of Dalton Independent School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and have annual incomes not exceeding $20,000.00, so as to provide for an increase in the exemption amount and the income ceiling.

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

SB 437.

By Senators Ray of the 48th and Burton of the 5th:
A bill to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, as amended, so as to clarify a provision relating to the compensation of judges of such court; to provide that such judges shall continue to receive ordinary and routine benefits for employees of the county; to provide an effective date; to repeal conflicting laws.

Thursday, March 16, 2000

1519

SB 521.

By Senator Williams of the 6th:
A bill to be entitled an Act to amend an Act establishing the State Court of Pierce County, as amended, so as to change the provisions relating to the compensation of the judge and solicitorgeneral of the State Court of Pierce County; to provide for cost-of-living increases and longevity increases in the compensation of such officers; to provide for a monthly expense allowance for such officers; to provide for reimbursement for certain other expenses incurred by such officers in carrying out the duties of their respective offices; to provide for conditions and procedures; to provide an effective date; to repeal conflicting laws.

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

SB 254.

By Senator Smith of the 25th:
A bill to amend an Act reconstituting the Board of Education of Hancock County and providing for its powers, duties, rights, obligations, and liabilities so as to increase the compensation of the members of said board of education; to provide an effective date.

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

HR 1351.

By Representatives Murphy of the 18th, Walker of the 141st, Coleman of the 142nd, Smyre of the 136th, Skipper of the 137th and others:

A resolution to provide for the nomination and election of the state auditor.

The following resolution was read by the Secretary:

HR 1351. By Representative Murphy of the 18th:
A resolution to provide for the nomination and election of the state auditor; and for other purposes.
Senator Johnson of the 1st moved that HR 1351 be referred to the Rules Committee.
The President referred HR 1351 to the Senate Rules Committee.
The Calendar was resumed.
HB 1455. By Representatives Reichert of the 126th, Randall of the 127th, Birdsong of the 123rd and others:
A bill to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for income tax credits for certain export businesses; to provide for definitions; to provide for terms, conditions, limitations, and procedures relating to such credits; to provide for applicability; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Brown of the 26th.
The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214

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JOURNAL OF THE SENATE
Atlanta, Georgia 30334-8400 February 28, 2000

The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1455 (LC 19 4603)
Dear Chairman Buck:
This Bill would provide an income tax credit for business enterprises who manufactured cigarettes which were exported to foreign countries. The amount of the credit per thousand cigarettes exported would depend upon the ratio of the volume of exports in a particular tax-year to the volume of exports in the base-year of 1999. An export ratio of 50 to 59 percent would earn a credit of 20 cents per thousand whereas a ratio of 100 to 119 percent would gain a credit of 35 cents per thousand. Ratios below 50 percent would not qualify for credits and ratios of 120 percent or more would be limited to credits of 40 cents per thousand. Credits earned would reduce dollar-for-dollar any other income tax credits of the enterprise, would cover the lesser of $6 million or 50 percent of an enterprise's tax-year liability, and for amounts unused, would be carried forward for as long as 5 years. The proposed credit would become effective for tax-year 2000 and years following.
Georgia's cigarette manufacturers are so few in number that financial detail for the industry is not disclosed. However, in 1999, the largest manufacturer employed roughly 3,000 workers and exported roughly 46 billion cigarettes, a level at least 15 percent below shipments in the prior year. Using the manufacturing industry in the United States as guide, the likely level of tax liability to Georgia for cigarette manufacturers can be calculated from linkages of employment to payroll, payroll to business receipts, and business receipts to net taxable income. Of course, such a determination does not take income apportionment into account and so can only be approximate. Also, in defining the amount of credit, a decline of 9 percent from base-year (half of the rate of the preceding year) has been projected even though this clearly is not a forecast.
The Bill would reduce the yield of Georgia's income tax. Assuming a 9 percent drop in exports from the base-year level, the credit in tax-year 2000 would be $12.4 million. However, the credit would reduce income taxes by $6 million at most and by only 50 percent of tax liability if this were less. Using the method of linkages defined for the manufacturing industry in the U.S., the income tax liability for cigarette manufacturers in Georgia in tax-year 2000 would be about $4.8 million. Accordingly, the Bill would reduce revenues in tax-year 2000 by about $2.4 million and would generate credits of $10.0 million to be shifted forward for possible application to 50 percent of liabilities in the following 5 years.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Bill Tomlinson, Director Office of Planning and Budget
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

Thursday, March 16, 2000

1521

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

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

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

On the passage of the bill, the yeas were 38, nays 11.

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

HB 39. By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th and others:

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

Senate Sponsor: Senator Kemp of the 3rd. The Senate Judiciary Committee offered the following substitute to HB 39:

A BILL

To be entitled an Act to amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide for excusing or deferring from jury duty any person who is a full-time student at a college, university, vocational school, or other postsecondary school and who requests to be excused or deferred; to provide for excusing or deferring from jury duty any person who is the primary caregiver having active care and custody of a child under four years of age; to provide for the length of such excuses or deferrals from jury duty; to provide for affidavits; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, is amended by striking subsection (a) of said Code section and inserting in its place the following:

"(a)(1) Any person who shows that he or she will be engaged during his or her term of jury duty in work necessary to the public health, safety, or good order or who shows other good cause why he or she should be exempt from jury duty may be excused by the judge of the court to which he or she has been summoned or by some other person who has been duly appointed by order of the chief judge to excuse jurors. Such a person may exercise such authority only

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JOURNAL OF THE SENATE

after the establishment by court order of guidelines governing excuses. Any order of appointment shall provide that, except for permanently mentally or physically disabled persons, all excuses shall be deferred to a date and time certain within that term or the next succeeding term or shall be deferred as set forth in the court order.

(2) Notwithstanding paragraph (1) of this subsection, any person who is a full-time student at a college, university, vocational school, or other postsecondary school who, during the period of time the student is enrolled and taking classes or exams, requests to be excused or deferred from jury duty shall be excused or deferred from jury duty.

(3) Notwithstanding paragraph (1) of this subsection, any person who is the primary caregiver having active care and custody of a child under four years of age, who executes an affidavit on a form provided by the court stating that such person is the primary caregiver having active care and custody of a child under four years of age and stating that such person has no reasonably available alternative child care, and who requests to be excused or deferred shall be excused or deferred from jury duty. It shall be the duty of the court to provide affidavits for the purpose of this subsection."

SECTION 2.

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

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

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

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

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

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

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

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

The bill, having received the requisite constitutional majority, was passed by substitute. The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

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

Thursday, March 16, 2000

1523

HB 1683.

By Representative Reese of the 85th:
A bill to amend an Act creating a new charter for the City of Suwanee, so as to change the corporate limits of said city.

HB 1716.

By Representatives McClinton of the 68th, Mobley of the 69th, Stuckey of the 67th and others:
A bill to provide for a homestead exemption from certain City of Decatur ad valorem taxes for municipal purposes in the amount of not less than $2,000.00 and not more than $50,000.00 of the assessed value of that homestead for residents of the City of Decatur with such amount to be determined annually by the governing authority of the city.

HB 1744.

By Representative Coleman of the 142nd:
A bill to provide for the compensation and expenses of the chairperson and members of the Board of Education of Dodge County.

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

SB 462.

By Senators Hecht of the 34th and Starr of the 44th:

A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered without prior approval; to provide for duties of the Secretary of State regarding applications for registration; to repeal conflicting laws.

The Calendar was resumed.

HB 441. By Representatives Walker of the 141st, Bohannon of the 139th, Buck of the 135th and others:

A bill to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to provide for the tax situs of certain motor vehicles owned by nonresident soldiers and sailors; to provide for the tax situs of such vehicles in the case of certain joint ownership; and for other purposes.

Senate Sponsor: Senator Dean of the 31st.

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

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

Y Balfour Y Blitch Y Bowen
Broun Y Brown Y Brush Y Burton

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

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

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

Y James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 865. By Representatives Mueller of the 152nd, Stephens of the 150th, Day of the 153rd and others:

A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to change certain provisions relating to when a case may be made and conviction had with respect to the use of speed detection devices; to provide for the use of speed detection devices in historic districts; and for other purposes.

Senate Sponsor: Senator Lee of the 29th .

The Senate Public Safety Committee offered the following substitute to HB 865:

A BILL

To be entitled an Act to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to change the provisions relating to when a case may be made and conviction had with respect to the use of speed detection devices; to provide for the use of speed detection devices in historic districts; to define a certain term; to require local governments to file annual reports on the amount of certain fines levied based on the use of speed detection devices; to require the Department of Public Safety to perform certain duties; to require courts which adjudicate citations for speeding violations to perform certain duties; to provide that any person whose duty it is to collect and provide information required under this Act and who fails or refuses to collect and provide such information shall be guilty of a misdemeanor; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, is amended by striking in its entirety Code Section 40-14-8, relating to when a case may be made and conviction had with respect to the use of speed detection devices, and inserting in its place a new Code Section 4014-8 to read as follows:

"40-14-8.

(a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.

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(b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation, in properly marked historic districts, and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts. For purposes of this Code section, the term 'historic district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and which is listed on the Georgia Register of Historic Places or as defined by ordinance adopted pursuant to a local constitutional amendment."

SECTION 2.

Said chapter is further amended by adding at the end of Code Section 40-14-11, relating to investigations by the commissioner of public safety concerning the use of speed detection devices, a new subsection (e) to read as follows:

"(e) Each county, municipality, and consolidated government with law enforcement agencies employing speed detection devices shall file reports annually with the Department of Public Safety disclosing by agency the amount of fines levied based on the use of speed detection devices, excluding court costs and fine surcharges, and the budget of the law enforcement agency. Fines for speeding violations exceeding 17 miles per hour over the established speed limit shall be separately listed on the report. All courts adjudicating citations for such speeding violations shall, in a timely manner, collect and provide the governing authority of such county, municipality, or consolidated government with the information necessary to complete the required reports. The Department of Public Safety shall prescribe the method and forms to be used for reporting. The Department of Public Safety shall suspend the speed detection device permit of any agency failing to submit the required reports. Any person whose duty it is to collect and provide the required information and who fails or refuses to collect and provide such information shall be guilty of a misdemeanor."

SECTION 3.

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

Senator Jackson of the 50th offered the following amendment:

Amend the committee substitute to HB 865 by striking Section 2 in its entirety.

On the adoption of the amendment, the yeas were 42, nays 0, and the Jackson amendment to the committee substitute was adopted.

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

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

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

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

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

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

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E Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

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

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

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

HB 1448. By Representatives Orrock of the 56th, Unterman of the 84th, Childers of the 13th and others:

A bill to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions and preventable diseases, so as to provide for certain pathogen standards; to limit exposures of public employees to such pathogens when carried by needles and similar devices; to provide for definitions; to provide for recording of information and measures to prevent certain injuries and exposures; to provide for lists, evaluation committees, and a fund; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Stokes of the 43rd.

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

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

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

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

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1419. By Representatives Stanley of the 50th, Shanahan of the 10th, Allen of the 117th and others:

A bill to be entitled an Act to amend Code Section 8-3-30 of the Official Code of Georgia Annotated, relating to general powers of housing authorities, so as to authorize housing authorities to create for profit subsidiary corporations to participate in certain financing; to provide for conditions and

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limitations; to provide for authority of the Secretary of State in connection therewith; to change certain provisions regarding loans and compliance with certain usury statutes; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Walker of the 22nd.

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

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

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

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

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

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

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

HB 1335. By Representatives Buckner of the 95th, McBee of the 88th, Coleman of the 142nd and others:

A bill to be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions and certain diseases, so as to provide for findings; to provide for the Breast Cancer and Prostate Cancer Research Program Fund and authorize contributions thereto and administration thereof; to provide for research contracts; to provide for the supplemental nature of such contributions and restrict the use thereof; to provide for reports; to provide for tax return forms and instructions; to provide for administrative costs; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Stokes of the 43rd.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks

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

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

Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

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

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed. HB 1403. By Representative Teper of the 61st:

A bill to be entitled an Act to amend Code Section 48-8-104 of the Official Code of Georgia Annotated, relating to administration and disbursement of proceeds of the homestead option sales and use tax, so as to change certain provisions regarding the distribution and expenditure of such proceeds; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Polak of the 42nd.

The Senate Finance and Public Utilities Committee offered the following substitute to HB 1403:

A BILL

To be entitled an Act to amend Code Section 36-89-4 of the Official Code of Georgia Annotated, relating to the allotment of homeowner tax relief funds to counties and local school districts, so as to change the manner in which ad valorem tax credit amounts are calculated; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 36-89-4 of the Official Code of Georgia Annotated, relating to the allotment of homeowner tax relief funds to counties and local school districts, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:

"(a) When funds are appropriated as provided in Code Section 36-89-3, such grants shall be allotted to each county and local school district in the state as follows:

(1) Immediately following the actual preparation of ad valorem property tax bills, each county tax commissioner shall notify the Department of Revenue of the total amount of tax revenue which would be generated by applying the sum of the state and county millage rates to the eligible assessed value of each qualified homestead in the county. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the county shall be the amount of the grant to that county; and

(2) Immediately following the actual preparation of ad valorem property tax bills, each local school district's fiscal authority shall notify the Department of Revenue of the total amount of tax revenue which would be generated by

Thursday, March 16, 2000

1529

applying the school millage rate to the eligible assessed value of each qualified homestead in the local school district. The total amount of actual tax credits, so calculated, given to all qualified homesteads in the local school district shall be the amount of the grant to that local school district.

Credit amounts computed under paragraphs (1) and (2) of this subsection shall be applied to reduce the otherwise applicable tax liability on a dollar-for-dollar basis, but the credit granted shall not in any case exceed the amount of the otherwise applicable tax liability after the granting of all applicable constitutional homestead exemptions except for any homestead exemption under Article 2A of Chapter 8 of Title 48, the 'Homestead Option Sales and Use Tax Act,' as amended, and after the granting of all applicable millage rollbacks."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

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

On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.

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

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

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

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

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

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

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

HB 1619. By Representatives Barnes of the 97th, Benefield of the 96th, Porter of the 143rd and others:

A bill to be entitled an Act to amend Code Section 20-3-519.7 of the Official Code of Georgia Annotated, relating to PROMISE teacher's scholarships, so as to change the requirements for eligibility for the scholarship and define certain terms; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Cable of the 27th.

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Senator Gingrey of the 37th offered the following amendment:

Amend HB 1619 by inserting after "To" on line 1 of page 1 "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 for driver's education; to".

By inserting between lines 7 and 8 of page 1 the following:

"Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by adding a new Code Section 20-2-68 to read as follows:

'20-2-68.
Notwithstanding any state funding for motor vehicle driver education courses or programs, including without limitation any grants provided for such purposes pursuant to Code Section 20-2-257, any local school system may provide motor vehicle driver education courses or programs funded in whole or in part with local funds. If a motor vehicle driver education course or program is provided by the local school system not as a part of any instructional program funded under Article 6 of this chapter, the local school system may charge reasonable fees to cover any part or all of the cost of providing such course or program.'

By redesignating Section 2 as Section 3.

SECTION 2. "

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

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

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

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

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

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

On the passage of the bill, the yeas were 51, nays 0.

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

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

Mr. President:

Thursday, March 16, 2000

1531

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

HB 1711.

By Representatives Shipp of the 38th, Sauder of the 29th, Parsons of the 40th and others:
A bill to provide for a homestead exemption from certain City of Acworth ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

HB 1712.

By Representatives Shipp of the 38th, Sauder of the 29th, Parsons of the 40th and others:

A bill to provide for a homestead exemption from certain City of Kennesaw ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of such homestead.

The Calendar was resumed.

HB 837. By Representative Bordeaux of the 151st:

A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for trespass upon or damage to realty accrues; and for other purposes.

Senate Sponsor: Senator Thomas of the 2nd.

The Senate Veterans and Consumer Affairs Committee offered the following substitute to HB 837:

A BILL

To be entitled an Act to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for certain damage to realty accrues; to provide for a period of limitation; to provide 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.

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 in its entirety Code Section 9-3-30, relating to trespass upon or damage to realty, and inserting in its place the following:

"9-3-30.

(a) All actions for trespass upon or damage to realty shall be brought within four years after the right of action accrues.

(b)(1) An action pursuant to subsection (a) of Code Section 9-3-51 for damage to a dwelling resulting from water infiltration due to negligent design, manufacture, or installation of synthetic exterior siding shall be brought within four years after the damage is discovered, but in any event shall be brought within the time limit set forth in Code Section 9-3-51.

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(2) This subsection shall apply to causes of action which had not expired under the former law before the effective date of this subsection. This subsection shall not revive any cause of action which was barred by former law before the effective date of this subsection."

SECTION 2.

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

SECTION 3.

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

Senators Johnson of the 1st and Thomas of the 2nd offered the following amendment #1:

Amend the committee substitute to HB 837 by striking line 5 of page 1 and inserting in lieu thereof the following:

"limitation; to provide for applicability; to provide for legislative intent; to provide for an".

By striking lines 26 through 31 of page 1 and inserting in lieu thereof the following:

"(2) It is the express intention of the General Assembly that the provisions of paragraph (1) of this subsection be applied prospectively, but also retrospectively to damages occurring before the effective date of this subsection. This subsection shall not revive any cause of action in which a final judgement or dismissal with prejudice has been entered before the effective date of this subsection.".

By striking line 25 of page 1 and inserting in lieu thereof the following:

"time limits set forth in Code Section 9-3-51 or Code Section 51-1-11.".

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

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

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

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

On the adoption of the amendment, the yeas were 11, nays 42, and the Johnson, Thomas of the 2nd amendment #1 to the committee substitute was lost.
Senators Johnson of the 1st and Thomas of the 2nd offered the following amendment #2:

Thursday, March 16, 2000

1533

Amend the committee substitute to HB 837 by striking line 5 of page 1 and inserting in lieu thereof the following:

"limitation; to provide for applicability; to provide for an".

By striking lines 19 through 22 of page 1 and inserting in lieu thereof the following:

"(b)(1) An action pursuant to subsection (a) of Code Section 9-3-51 or pursuant to Code Section 51-1-11 for damage to a dwelling due to design, manufacture, or installation of exterior cladding shall be".

By striking line 25 of page 1 and inserting in lieu thereof the following: "time limits set forth in Code Section 9-3-51 or Code Section 51-1-11.".

On the adoption of the amendment, Senator Thomas of the 2nd called for the yeas and nays. The call was not sustained.

On the adoption of the amendment, the yeas were 11, nays 38, and the Johnson, Thomas of the 2nd amendment # 2 to the committee substitute was lost.

Senator Meyer von Bremen of the 12th asked unanimous consent that he be excused from voting on HB 837 pursuant to Senate Rule 175. The consent was granted, and Senator Meyer von Bremen was excused.

On the adoption of the substitute, the yeas were 46, nays 0, and the committee substitute was adopted.

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

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

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

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

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

On the passage of the bill, the yeas were 52, nays 2.

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

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

Mr. President:

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

SB 499.

By Senators Hill of the 4th, Cheeks of the 23rd and Kemp of the 3rd:

A bill to be entitled an Act to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Charitable Solicitations Act of 1988," so as to provide for various matters relating to the registration and solicitation activities of charitable organizations and their paid solicitors and solicitor agents; to change the definition of the term "charitable organization" and define the terms "religious organization" and "solicitor agent"; to provide for the electronic filing of certain forms by paid solicitors; to require that an applicant for registration as a paid solicitor consent to a criminal background investigation in connection with his or her application; to change requirements relating to financial statements to be filed by paid solicitors; to repeal conflicting laws.

The following bill was taken up to consider the Conference Committee report thereto:

HB 1187. By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th and others:

A bill to be entitled an Act to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary levels; to provide for a short title; to amend Code Section 15-11-15 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to provide for the court's jurisdiction over certain proceedings initiated by local boards of education; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Article 4 of said chapter, relating to local school trustees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes

The Conference Committee report was as follows:

The Committee of Conference on HB 1187 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1187 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Hill of the 4th /s/ Senator Marable of the 52nd /s/ Senator Thompson of the 33rd

/s/ Representative Jamieson of the 22nd /s/ Representative Skipper of the 137th /s/ Representative Smith of the 175th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1187

A BILL

To be entitled an Act to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary levels; to provide for a short title; to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to provide for the court's jurisdiction over certain proceedings initiated by local boards of education; to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the selection of officers of the State Board of Education and for the duties and powers of the chairperson of said board; to provide for regional offices of the

Thursday, March 16, 2000

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Department of Education; to establish procedural requirements for local boards of education regarding the employment or promotion of certain relatives of a member of a local board; to provide for certain reports and actions to be taken in response to a finding of accounting irregularities or budget deficits of a local school system or school; to provide for the collection of certain data from local school systems by the Office of Planning and Budget; to repeal Article 4 of said chapter, relating to local school trustees; to provide for the establishment of school councils and for their composition and duties; to make certain findings with respect to the Quality Basic Education Program; to provide for goals for the "Quality Basic Education Act"; to change provisions regarding the course of study in health and physical education prescribed by the State Board of Education; to change provisions relating to high school programs authorized for funding under the "Quality Basic Education Act"; to provide for an early intervention program for students in grades kindergarten through three who are performing below grade level; to change provisions relating to the remedial education program; to provide for alternative education programs; to change provisions regarding the school climate management program administered by the State Board of Education; to repeal provisions regarding the in-school suspension program administered by the State Board of Education; to change provisions relating to the funding of the program for limited-English-proficient students; to change provisions relating to the allotment of state funds to local school systems based on full-time equivalent student program counts; to change the program weights for the instructional programs funded under the "Quality Basic Education Act," provide for additional instructional programs, and provide for teacher-student ratios for each such program; to change provisions relating to state funds provided to pay the salaries of certificated professional personnel of local school systems; to require the Governor to appoint a task force to review the program weights used in the Quality Basic Education Formula; to change provisions relating to the midterm adjustment of the amount of state funds provided under the Quality Basic Education Formula; to change provisions relating to local fair share funds; to change provisions relating to equalization grants provided under the "Quality Basic Education Act"; to change provisions relating to state funding for direct instructional, media center, and staff development costs; to provide for the collection of information by the State Board of Education for the computerized uniform budget and accounting system; to change provisions relating to the base school size used to calculate program weights in the Quality Basic Education Formula; to change provisions relating to the calculation of program weights based on payment of salaries and benefits and funds for staff and professional development; to change provisions relating to the maximum class size for instructional programs; to change provisions relating to state funds provided to pay the salaries of local school superintendents, assistant superintendents, secretaries, accountants, and principals; to provide for state funding for nursing services; to change provisions relating to the base size of a local school system used to calculate program weights in the Quality Basic Education Formula; to provide that a local school system shall not qualify for certain funds under the Quality Basic Education Formula if it fails to implement certain interventions prescribed by the State Board of Education; to change provisions relating to the granting of certificates by the Professional Standards Commission; to require students in postsecondary teacher preparation programs to be proficient in computer and other instructional technology applications and skills; to provide that in-service programs conducted by local units of administration shall address skills of certificated personnel that directly relate to improving student achievement; to change provisions relating to annual performance evaluations of certificated professional personnel; to change provisions relating to annual contracts for certificated professional personnel; to provide for fingerprinting and criminal record investigations of all personnel employed by a local unit of administration; to change provisions relating to the payment of personnel holding certificates from the Professional Standards Commission according to a state-wide minimum salary schedule; to change provisions relating to the salary increase granted to certain persons holding a certificate from the National Board for Professional Teaching Standards; to provide for state funding of salary increases based upon a determination of an insufficient supply of qualified teachers in mathematics, science, special education, or foreign language and provide for certain annual reports relating thereto; to repeal provisions relating to salary supplements for administrators and other education personnel; to provide for salary supplements to be paid to principals and direct the State Board of Education to establish a salary schedule for principals; to change provisions relating to the duty-free lunch period for certain teachers employed in grades kindergarten through five; to repeal a reporting requirement relating to the Georgia Education Leadership Academy; to provide for grants to schools and school systems which develop and implement certain compacts among teachers, students, and parents; to provide for an extended day program for students in grades nine through 12; to change the provisions relating to capital outlay funding under the "Quality Basic Education Act"; to comprehensively revise provisions relating to regional educational service agencies; to require all local school systems, Department of Technical and Adult Education facilities and institutions, and University System of Georgia facilities and institutions to be a member of a regional educational service agency; to provide for the status of such regional agencies and their employees with respect to taxation; to provide for the immunity from liability of the employees and volunteers of such regional agencies; to provide for additional duties of such regional

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agencies, including the preparation of regional plans, the provision of core services to its member schools and local school systems, the provision of services relating to instructional care teams, and the development of programs for nontraditional alternative routes to teacher certification; to change provisions relating to the composition of the boards of control of such regional agencies; to authorize such regional agencies to acquire, hold, and dispose of property and incur certain debt; to provide for audits of such regional agencies by the Office of Education Accountability; to change provisions relating to grants of state funds to such regional agencies; to repeal provisions relating to the preparation of long-term strategic plans by the State Board of Education and local boards of education; to change provisions relating to the testing of elementary and secondary students; to provide for end-ofcourse testing of students in grades nine through 12; to provide for the development of study guides by the Department of Education; to provide for staff development programs for teachers in grades one through 12 on the use of tests; to repeal provisions relating to comprehensive evaluations of public schools, local school systems, and regional educational service agencies; to repeal provisions relating to corrective action plans for nonstandard local units of administration and schools; to repeal provisions relating to the Council for School Performance; to provide for a middle school program; to authorize students to attend a school outside of the attendance zone or school district in which they reside under certain circumstances and provide for state funding thereof; to provide for certain duties with respect to county and regional libraries to be performed by the Board of Regents of the University System of Georgia instead of the Department of Technical and Adult Education; to change provisions relating to development of a state-wide comprehensive educational information network; to repeal Part 2 of Article 7 of said chapter, relating to additional state aid to school districts where parents live or work on state property; to repeal Part 3 of Article 7 of said chapter, relating to additional state aid to local school systems to compensate for loss of revenue from financial institutions; to change the age at which children are required to attend school; to change provisions relating to the placement of a student following his or her removal from the classroom by a teacher; to change provisions relating to notification of parents and conferences regarding chronic disciplinary problem students; to change provisions regarding parent conferences upon a student's return from expulsion or suspension; to authorize the juvenile court, upon the petition of a local board of education, to order parents or guardians to attend certain school conferences; to repeal provisions relating to alternative education grants; to require local boards of education to establish procedures for the voluntary preenrollment of children at two years of age in order to ensure compliance with age specific immunizations; to require local boards of education to establish policies and procedures regarding a school health nurse program; to provide that a person who first becomes a teacher on or after July 1, 2000, shall not acquire certain rights with respect to continued employment; to authorize the State Board of Education to grant state charters for special schools to certain charter school petitioners; to provide that the State Board of Education may require a local referendum regarding the use of local bonded indebtedness and school tax levies to support state charter schools; to provide for the application of the accountability assessment program for students in grades kindergarten through 12 to charter schools; to amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for the transfer of functions and personnel relating to public libraries from the Department of Technical and Adult Education to the Board of Regents of the University System of Georgia; to change provisions relating to the eligibility requirements for a HOPE scholarship at a public postsecondary institution, a HOPE grant at a branch of the Department of Technical and Adult Education, and a PROMISE teacher's scholarship; to remove a certain limitation on the costs to which a HOPE scholarship or HOPE grant may be applied; to provide for a PROMISE II teacher's scholarship for certain persons employed as paraprofessionals or instructional aides who are seeking a bachelor's degree in teacher education; to amend Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, so as to change the composition of the State Board of Technical and Adult Education; to authorize such board to approve requests by certain postsecondary technical schools, programs, or institutions to be named technical colleges and to submit certain requests for funding; to repeal provisions relating to the transfer of public library functions and powers from the State Board of Education and the Department of Education to the Department of Technical and Adult Education; to amend Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to libraries, so as to provide that the powers and duties of the Department of Technical and Adult Education under said chapter shall become the powers and duties of the Board of Regents of the University System of Georgia; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for the creation and duties of an Education Coordinating Council and an Office of Education Accountability; to make certain findings with respect to the Education Coordinating Council; to provide for the composition, meetings, staff, powers, and duties of the Education Coordinating Council; to provide for commissions to study education issues and make recommendations to the Education Coordinating Council; to create the Office of Education Accountability and provide for its powers and duties; to provide for the appointment and duties of the director of the Office of Education Accountability; to provide for reports to be made by the Office of Education Accountability to the Education Coordinating Council; to

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direct the Office of Education Accountability to create and implement an accountability assessment program for students in grades kindergarten through 12, subject to the approval of the Education Coordinating Council; to provide for indicators of student achievement and school improvement; to provide for the establishment of individual school ratings and the preparation of school report cards by the Office of Education Accountability; to provide for audits of schools by said office; to provide for financial and other awards to recognize certain schools and local school systems; to provide for the funding and payment of financial bonuses to certain school personnel; to provide for the recommendation, by said office, and the prescription, by the State Board of Education, of actions to be taken with respect to schools with low student performance; to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, the Board of Regents of the University System of Georgia, and the State Board of Technical and Adult Education with respect to a postsecondary accountability assessment program; to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, and the Office of School Readiness with respect to a pre-kindergarten accountability assessment program; to provide for the duties of the Office of Education Accountability, the Education Coordinating Council, and the Professional Standards Commission with respect to an education work force accountability assessment program; to amend Code Section 43-24-2 of the Official Code of Georgia Annotated, relating to the membership of the State Board for the Certification of Librarians, so as to provide for the membership of the director of public library services of the Board of Regents of the University System of Georgia; to amend the Official Code of Georgia Annotated to correct certain references and provide editorial revisions; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "A Plus Education Reform Act of 2000."
SECTION 2.
Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, is amended by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Exclusive original jurisdiction. Except as provided in subsection (b) of this Code section, the court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action:
(1) Concerning any child:
(A) Who is alleged to be delinquent;
(B) Who is alleged to be unruly;
(C) Who is alleged to be deprived;
(D) Who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child;
(E) Who is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-73; or
(F) Who has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the sole purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to the child's seventeenth birthday; or
(2) Involving any proceedings:
(A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any child if such consent is required by law;

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(B) Under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in this state; (C) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child, other than that in connection with adoption proceedings under Chapter 8 of Title 19, in which the superior courts shall have concurrent jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child; or
(D) Under Article 3 of this chapter, relating to prior notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion.; or
(E) Brought by a local board of education pursuant to Code Section 20-2-766.1."
SECTION 3.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Article 1, relating to the State Board of Education, by striking in its entirety Code Section 20-2-5, relating to oaths of members, and inserting in lieu thereof a new Code Section 20-2-5 to read as follows:
"20-2-5.
The members of the State Board of Education shall take an oath of office for the faithful performance of their duties and the oath of allegiance to the federal and state Constitutions. They shall meet at the state capital in the Department of Education or at such place in the capital as may be designated by the Governor for that purpose. They shall elect one of their members as chairman and shall fix the term of office of the chairman. The state board shall meet quarterly in regular session at such time as it may by regulation provide and may hold additional meetings at the call of the chairman chairperson, provided that upon the written request of a majority of the members of the state board, the State School Superintendent shall call a meeting at any time."
SECTION 4.
Said chapter is further amended in Article 1, relating to the State Board of Education, by adding a new Code Section 20-2-5.2 to read as follows:
"20-2-5.2.
The State Board of Education shall elect a chairperson and such other officers it may deem appropriate. The term of the chairperson shall be fixed by the state board. The chairperson shall preside at meetings of the state board, set the agenda for the state board, and perform such other duties as required by the state board. The chairperson is authorized, after a reasonable attempt at consultation with the State School Superintendent, to require any employee of the Department of Education to furnish information or perform functions for the state board."
SECTION 5.
Said chapter is further amended in Article 1, relating to the State Board of Education, by adding at the end thereof a new Code Section 20-2-20 to read as follows:
"20-2-20.
The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in Code Section 20-2-270 and may include more than one regional educational service agency. All employees of such regional offices shall be employees of the Department of Education."
SECTION 6.

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Said chapter is further amended in Article 3, relating to local boards of education, by adding a new Code Section 202-58.1 to read as follows:
"20-2-58.1.
(a) As used in this Code section, the term 'immediate family' means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent.
(b) No local board of education shall employ or promote any person who is a member of the immediate family of any board member unless a public, recorded vote is taken on such employment or promotion as a separate matter from any other personnel matter. Any board member whose immediate family member is being considered for employment shall not vote on such employment. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on July 1, 2000, or who is employed by a local school system when an immediate family member becomes a member of the local board of education for that school system."
SECTION 7.
Said chapter is further amended by striking in its entirety Code Section 20-2-67, relating to monthly reports by a local board of education that is subject to a corrective action plan for a budget deficit, which reads as follows:
"20-2-67.
(a) The local system superintendent employed by any local school system which is required to submit to the Department of Education a corrective action plan as provided in Code Section 20-2-283 designed to correct a budget deficit for such local system shall, from the time such deficit is discovered until the time it is eliminated, present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such system during the current month. The report shall be presented to board members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meetings of the board of education.
(b) Not later than September 30 of each year, each local board of education shall cause to be published in the official county organ wherein the local school system is located once a week for two weeks a statement of actual financial operations for such local school system for the preceding fiscal year. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent.
(c) A copy of the actual financial operations form required to be published by subsection (a) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local city governmental administration. A current copy of said form shall be maintained on file in the central administrative office for public inspection by each local board of education for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request.",
and inserting in lieu thereof a new Code Section 20-2-67 to read as follows:
"20-2-67.
(a) When an audit by the Department of Audits and Accounts finds and reports irregularities or budget deficits in the fund accounting information regarding a local school system or a school within the local school system, the Department of Audits and Accounts shall report the findings of irregularities or budget deficits to the State Board of Education and the local board of education.
(b) The State Board of Education shall inform the superintendent of the local school system of the irregularities or budget deficits regarding a local school system's or a school's fund accounting information. The superintendent shall submit to the Department of Education a response to the findings and a corrective action plan as defined by

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rules and regulations adopted by the State Board of Education designed to correct the financial irregularities or budget deficits for the school or school system. From the time such irregularity or budget deficit is discovered until the time it is eliminated, the local school superintendent shall present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such school or school system during the current month. The report shall be presented to local board members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meeting of the local board of education.
(c) Not later than September 30 of the year, each local board of education shall cause to be published in the official county organ wherein the local school system is located once a week for two weeks a statement of actual financial operations for such schools or school system identified by the Department of Audits and Accounts as having financial irregularities. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the schools or school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent.
(d) A copy of the actual financial operations form required to be published by subsection (c) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local municipal governing authority. A current copy of said form shall be maintained on file in the central administrative office of the local school system for public inspection for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request."
SECTION 8.
Said chapter is further amended in Article 3, relating to local boards of education, by adding at the end thereof a new Code Section 20-2-68 to read as follows:
"20-2-68.
The Office of Planning and Budget shall collect from local school systems and local school systems shall supply information sufficient for the Office of Planning and Budget to verify the proper expenditure of funds and employment of positions funded in the Quality Basic Education formula and categorical grants."
SECTION 9.
Said chapter is further amended by striking and reserving in its entirety Article 4, relating to local school trustees, which reads as follows:
"ARTICLE 4
20-2-80.
The county board of education of each county may within 30 days from February 1, 1946, appoint not less than three nor more than five local school trustees for each school in the county; provided, however, the trustees of each school district as constituted prior to August 7, 1945, shall be the trustees of each school in the district until their respective terms expire. Each person so appointed shall be manifestly interested in education, and a resident of the county where he is appointed. Each person so appointed shall have a term of four years; and should any vacancy occur due to death, resignation, change of residence from the county where appointed, or otherwise, the county board shall, at its next regular meeting after such vacancy occurs, appoint a successor to fill the vacancy. The trustees so elected or appointed shall elect one of their members as chairman and another as secretary. All trustees shall serve without compensation.
20-2-81.
The duties of the school trustees appointed or elected by the county board of education as provided in Code Section 20-2-80 shall be advisory in nature. They shall make recommendations to the county board as to budgets,

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employment of teachers and other authorized employees, and other matters relating to the school of which they are trustees. Such recommendations shall be merely advisory, and the county board is not bound to observe or follow them."
SECTION 10.
Said chapter is further amended by inserting a new article, to be designated as Article 4A, to read as follows:
"ARTICLE 4A
20-2-85.
(a) The General Assembly recognizes the need to improve communication and participation of parents and the community in the management and operation of local schools. The General Assembly believes that parent and community support is critical to the success of students and schools. The intent of this article is to bring communities and schools closer together in a spirit of cooperation to solve difficult education problems, improve academic achievement, provide support for teachers and administrators, and bring parents into the school-based decision-making process. The establishment of school councils is intended to help local boards of education develop and nurture participation, bring parents and the community together with teachers and school administrators to create a better understanding of and mutual respect for each other's concerns, and share ideas for school improvement. School councils shall be reflective of the school community.
(b) The management and control of public schools shall be the responsibility of local boards of education, and the school leader shall be the principal. School councils shall provide advice, recommendations, and assistance and represent the community of parents and businesses. Each member of the council, as a community representative, shall be accorded the respect and attention deserving of such election.
20-2-86.
(a) By October 1, 2001, each local board of education that elects to participate in the Quality Basic Education Program provided for in Article 6 of this chapter shall have a school council operational at a minimum of one high school, one middle school, and one elementary school, except that if a school system does not have its schools organized in this manner the system shall designate schools for a school council as closely to the intent of this Code section as possible. By October 1, 2002, each local board of education shall have a school council operational in a minimum of 50 percent of the schools under its jurisdiction. Such school council shall operate pursuant to this Code section, and the local board of education shall assist all councils in their creation and operation. After two years of successful operation, and upon receiving a high performance designation by the Office of Education Accountability, the local board of education shall devolve to the school council such additional authority in matters of school operation as the local board deems appropriate. By October 1, 2003, each local board of education shall have a school council operational in each of the schools under its jurisdiction.
(b) The local board of education shall provide a training program to assist schools in forming a school council and to assist school councilmembers in the performance of their duties. Such program shall address the organization of councils, their purpose and responsibilities, applicable laws, rules, regulations and meeting procedures, and important state and local school system program requirements and shall provide a model school council organization plan. The training program shall be offered to school councilmembers at least twice per school year, except that this program shall be offered during the month of July should there be members of the school council with a term commencing on July 1 who have not previously received this training. The State Board of Education shall develop and make available a model school council training program.
(c) Membership on the council shall be open to teachers, parents, and business representatives selected from all businesses that are designated school business partners. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council as defined by the bylaws of the council, the council may, by a vote of five members of the council, withdraw such person's membership status, effective as of a date determined by the council.

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(d) The property and business of the council shall be managed by seven school councilmembers of whom a majority shall constitute a quorum. School councilmembers must be individuals who are 18 years of age or older. Members of the school council shall include:
(1) Two parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students;
(2) Two businesspersons, one of whom shall be selected by the local board of education and one of whom shall be selected by the other five nonbusiness members of the school council from the business partners of the school or, if there are no business partners, from the local business community;
(3) Two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; and
(4) The school principal.
An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent. The chairperson of the council shall be the school principal.
(e) Members of the council shall serve for a term of two years. The office of school councilmember shall be automatically vacated:
(1) If a member shall resign;
(2) If the person holding the office is removed as a member by an action of the council pursuant to this Code section; or
(3) If a member no longer meets the qualifications specified in this Code section.
An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days, unless there are 90 days or less remaining in the term in which case the vacancy shall remain unfilled.
(f) All meetings of the council shall be held at the school site. The council shall meet once a month, at the call of the chairperson, or at the request of a majority of the members of the council. Notice by mail shall be sent to school councilmembers at least seven days prior to a meeting of the council. School councils shall be subject to Chapter 14 of Title 50, relating to open and public meetings, in the same manner as local boards of education. Each member is authorized to exercise one vote. A quorum must be present in order to conduct official council business. Members of the council shall not receive remuneration to serve on the council or its committees.
(g) After providing public notice at least two weeks before the meeting of each electing body, the principal of each school shall call a meeting of electing bodies during the month of May each year for the purpose of selecting members of the school council as required by this Code section. The electing body for the parent members shall consist of all parents and guardians eligible to serve as a parent member of the school council, and the electing body for the teacher members shall consist of all certificated personnel eligible to serve as a teacher member of the school council.
(h) The school council shall adopt such bylaws as it deems appropriate to conduct the business of the council. The adoption of bylaws or changes thereto requires five affirmative votes. The State Board of Education shall develop and make available model school council bylaws.
(i) The school council shall have the same immunity as the local board of education in all matters directly related to the functions of the council.

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(j)(1) The officers of the council shall be a chairperson, vice chairperson, and secretary. Officers of the council, other than the chairperson, shall be appointed by resolution of the council at the first meeting of the council following the election of school councilmembers. The officers of the council shall hold office concurrently with the term of members of the council.
(2) The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall from time to time be imposed upon him or her by the council.
(3) The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council or the chairperson, under whose supervision the secretary shall be.
(k) The members of the council are accountable to the constituents they serve and shall:
(1) Maintain a school-wide perspective on issues;
(2) Regularly participate in council meetings;
(3) Participate in information and training programs;
(4) Act as a link between the school council and the community;
(5) Encourage the participation of parents and others within the school community; and
(6) Work to improve student achievement and performance.
(l) The minutes of the council shall be made available to the public, for inspection at the school office, and shall be provided to the councilmembers, each of whom shall receive a copy of such minutes within 20 days following each council meeting. All school councils shall be subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, in the same manner as local boards of education.
(m) At all meetings of the council every question shall be determined by a majority vote of members present, representing a quorum.
(n) The term of office of all councilmembers shall begin on July 1 and end on June 30.
(o) The council may appoint committees, study groups, or task forces for such purposes as it deems helpful and may utilize existing or new school advisory groups.
(p) The local board of education shall provide all information not specifically made confidential by law, including budget information, to the council as requested. The local board shall also designate an employee of the school system to attend council meetings as requested by a school council for the purpose of responding to questions the council may have concerning information provided to it by the local board or actions taken by the local board.
(q) The local board of education shall receive all recommendations of the school council, including the annual report, and shall have the authority to overturn any decision of the school council as follows:
(1) Public notice shall be given to the community of the local board's intent to consider school council reports, recommendations, appointments, or any other decision of a school council;
(2) Written notice shall be given to the members of the school council at least seven days prior to such local board meeting, along with a notice of intent to consider a council report, recommendation, appointment, or any other decision of the council;

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(3) The members of the school council shall be afforded an opportunity to resent information in support of the school council's action; and
(4) A majority of the board members present, representing a quorum, vote to overturn the council decision.
The local board of education shall respond to each recommendation of the school council within 60 days after being notified in writing of the recommendation.
(r) The school principal shall have the following duties pertaining to school council activities:
(1) Cause to be created a school council pursuant to this Code section by convening the appropriate bodies to select school councilmembers; setting the initial agenda, meeting time, and location; and notifying all school councilmembers of the same;
(2) Serve as chairperson of the school council and perform all of the duties required by law and the bylaws of the council;
(3) Speak for and represent the council in all school council matters before the local board of education;
(4) Communicate all council requests for information and assistance to the local school superintendent and inform the council of responses or actions of the local school superintendent;
(5) Develop the school improvement plan and school operation plan and submit the plans to the school council for its review, comments, recommendations, and approval;
(6) Develop the agenda for each meeting of the council after taking into consideration suggestions of councilmembers and the urgency of school matters. An item may be added to the agenda at the request of three or more councilmembers; and
(7) Provide to the council the initial and midterm allotment sheets for the school that are provided by the Department of Education pursuant to Article 6 of this chapter.
(s) School councils are advisory bodies. The councils shall provide advice and recommendations to the school principal and, where appropriate, the local board of education on any matter, including but not limited to, the following:
(1) School calendar;
(2) School codes for conduct and dress;
(3) Curriculum, program goals, and priorities;
(4) The responses of the school to audits of the school as conducted by the Office of Education Accountability;
(5) Preparation and distribution to the community of a school profile which shall contain data as identified by the council to describe the academic performance, academic progress, services, awards, interventions, environment, and other such data as the council deems appropriate;
(6) In the case of a vacancy in the position of school principal, the recommendation of a school principal from a list of qualified applicants submitted by the local board of education and local school superintendent to the council;
(7) School budget priorities, including school capital improvement plans;
(8) School-community communication strategies;
(9) Methods of reporting to parents and communities other than through the school profile;

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(10) Extracurricular activities in the school;
(11) School-based and community services;
(12) Community use of school facilities;
(13) Recommendations concerning school board policies;
(14) Receiving and reviewing reports from the school principal regarding progress toward the school's student achievement goals, including progress within specific grade levels and subject areas and by school personnel; and
(15) The method and specifications for the delivery of early intervention services."
SECTION 11.
Said chapter is further amended by striking in its entirety Code Section 20-2-131, relating to the objectives and purposes of the Quality Basic Education Program, and inserting in lieu thereof a new Code Section 20-2-131 to read as follows:
"20-2-131.
The General Assembly of Georgia, recognizing the need for:
(1) Implementing a quality basic education curriculum in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen of high character;
(2) Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in order that they may realize their potential;
(3) Providing an equitable public education finance structure which ensures that every student has an opportunity for a quality basic education, regardless of where the student lives, and ensures that all Georgians pay their fair share of this finance structure;
(4) Establishing and maintaining state-wide standards which ensure that each student has access to a quality program;
(5) Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state;
(6) Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies and perform to their potential throughout their career;
(7) Providing local school systems with the incentives, resources, and technical assistance they need to plan and implement improvements in their programs on a continuing basis;
(8) Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia;
(9) Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems; and

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(10) Providing an accountability system to ensure that all students are receiving a quality instructional program so that all students can achieve at their highest level;
(11) Providing a seamless education system to allow for the delivery of educational programs at all levels and the movement of students between programs and education agencies as efficiently and effectively as possible and to provide for coordination on a continuing basis between agencies responsible for education services;
(12) Providing a safe school environment so that students can learn and mature without fear of violence or intimidation;
(13) Providing access to nursing services so that teachers can deliver instructional services without the added responsibility of addressing students' nursing needs and so that students can receive nursing services while at school;
(14) Providing academic intervention programs designed to assist students who are performing below grade level in order to increase their mastery of critical academic knowledge and skills;
(15) Providing an alternative educational environment for those students who need a different educational structure in order to properly master critical academic knowledge and skills and to provide an environment where they can stay in school and acquire the knowledge and skills necessary for a productive life;
(16) Providing students with advice and assistance in planning their academic and work careers and achieving those goals;
(17) Providing an evaluation process for all school system personnel to assure the public that personnel are performing at acceptable levels and providing quality educational services to all students;
(18) Providing an environment where parents and the community can participate in school activities and support school personnel as they work with students and address their academic needs;
(19) Providing for parent and community participation in the establishment of school programs, policies, and management so that the school and community are connected in meaningful and productive ways and providing support for teachers and school leaders in addressing the school's needs; and
(10)(20) Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to ensure a literate and informed society does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality instruction, as defined in this article, designed to improve upon a student's learning capacity. It is further declared that no student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin."
SECTION 12.
Said chapter is further amended by striking in its entirety Code Section 20-2-132, relating to the primary goals of the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-132 to read as follows:
"20-2-132.
It is the intent of the General Assembly that the primary goals of this article shall be as follows:
(1) A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction;
(2) A decrease in the percentage and number of students who enter school but drop out prior to graduation;
(3) The elimination of emergency teaching certificates and waivers for teaching outside of specialty;

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(4) A decrease in the percentage of students who fail the State Basic Skills Test in the tenth grade Georgia High School Graduation Test;
(5) A significant increase in the test scores of Georgia students who take the Scholastic Aptitude Assessment Test (SAT) or the ACT Assessment (ACT); and
(6) An increase in the number of students mastering each skill in reading, mathematics, and other subject areas.;
(7) An accountability system for education programs that measures efficiency and effectiveness and ensures that programs produce improvement in student achievement scores for all students;
(8) A comprehensive program and financial information system that provides data that allow for the accurate evaluation of program effectiveness;
(9) A seamless education system that allows students to be served in the most effective and efficient way possible;
(10) The elimination of school violence;
(11) A decrease in the percentage of students who perform below grade level;
(12) An increase in parental and community involvement in schools;
(13) Better coordination between education agencies and other organizations providing instructional and related services to students;
(14) A more competent school work force through the effective use of evaluation tools, training, and school improvement teams that promote best practices; and
(15) More flexibility for high-performing schools so that services can be better adapted to student needs."
SECTION 13.
Said chapter is further amended in Code Section 20-2-142, relating to prescribed courses and the development and dissemination of instructional materials on the effect of alcohol under the "Quality Basic Education Act," by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall establish minimum time requirements and standards for its administration. The course shall include instruction concerning the impact of alcohol, tobacco, and drug use upon health and may occupy periods totaling not less than 30 minutes per day in kindergarten through grade eight or equivalent grade levels . A manual setting out the details of such courses of study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Human Resources, the state board, and such expert advisers as they may choose. The Department of Education is directed to assemble or develop instructional resources and materials concerning alcohol and drug abuse, taking into consideration technological enhancements available for utilization of such instructional resources."
SECTION 14.
Said chapter is further amended by striking paragraph (4) of subsection (b) of Code Section 20-2-151, relating to general and career education programs under the "Quality Basic Education Act," and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4)(A) It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career fields as well as to prepare them to take their places in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purposes of funding under this article:

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(i) The high school education program which includes general, vocational, and college preparatory classes ; and
(ii)-The nonvocational high school laboratory program; and
(iii)(ii) The vocational laboratory program.
(B) As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the nonvocational high school laboratory and vocational laboratory programs program shall be funded at a higher levels level than the high school general education program. The state board shall adopt criteria which courses must meet in order to qualify for either the nonvocational high school laboratory or the vocational laboratory program."
SECTION 15.
Said chapter is further amended by striking in its entirety Code Section 20-2-153, relating to the special instructional assistance program for students with developmental disabilities under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-153 to read as follows:
"20-2-153.
The State Board of Education shall create a special instructional assistance program create an early intervention program to assist students with identified developmental deficiencies which are likely to result in problems in maintaining a level of performance consistent with expectations for their respective ages. The kindergarten early intervention program shall serve students enrolled in grade kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. Only students enrolled in grades kindergarten through five with documented developmental levels below expectations for their respective ages that are not attributable to an identified disabling condition and who are not enrolled in either the remedial education program or any of the special education programs shall be eligible for the early intervention program special instructional assistance program; provided, however, that students with physical disabilities whose special education services consist solely of therapy related to the physical disability shall be eligible for the special instructional assistance program if they meet all other criteria of this Code section. The purpose of the early intervention program shall be to provide additional instructional resources to help students who are performing below grade level obtain the necessary academic skills to reach grade level performance in the shortest possible time. The definition of below grade level shall be that as defined by the Office of Education Accountability and adopted by the Education Coordinating Council and State Board of Education. In developing accountability standards for schools, the Office of Education Accountability shall consider the length of time that students spend in the early intervention program as one of the determinants of performing and nonperforming schools. Students should be moved into this program, provided assistance, and moved out of this program upon reaching grade level performance. It is not the intent of the General Assembly that students be assigned to this program on a continuing or permanent basis. The school shall provide timely notice and an opportunity for a conference with the student and his or her parents or guardians to discuss the student's developmental deficiencies and options for addressing those deficiencies. The specifications for delivery of early intervention services shall be the responsibility of local boards of education except that the program rules and regulations adopted by the State Board of Education shall be followed in designing the program delivery models. Delivery models may include, but are not limited to, class augmentation, pull-out or self-contained classes, and the Reading Recovery Program delivered by certificated personnel. Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to 11 students. The state board shall specify the instruments and process used to determine student eligibility for this program, including specification of the student eligibility criteria to be applied, the allowable educational services to be provided under this Code section, and the funding guidelines to be used in distributing state funds to participating local school systems. Such policies and guidelines shall be submitted to the General Assembly for review and comment prior to the request for funding by the state board. Each local school system shall annually report by grade level the number of eligible students, the number of students served, the types of services provided, and the average achievement of students served. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on

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the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. In the event that insufficient funds are appropriated by the General Assembly to serve all eligible students in this program, any funds which are appropriated shall be directed toward addressing the needs of the youngest eligible students in each local school system the number of students served in the early intervention programs as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-160."
SECTION 16.
Said chapter is further amended by striking in its entirety Code Section 20-2-154, relating to the remedial education program under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-154 to read as follows:
"20-2-154.
(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective reading, mathematics, or writing deficiencies beginning fiscal year 1992. The following students shall be eligible for remedial education services, except as provided in subsection (b) of this Code section:
(1) Students in grades two through four and five and grades nine through 12 may be eligible for services if they meet two or more of the following criteria:
(A) The student has been through the formal student support team process and has documented evidence to support the placement in remedial education;
(B) The student has been retained in the grade;
(C) The student is receiving services under Part A of Chapter 1 of Title 1 of the Elementary and Secondary Education Act of 1965, as amended by the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (Public Law 100-297) Improving America's Schools Act of 1994 (Public Law 103-382);
(D) The student has been recommended by the teacher who has documented any of the following student information:
(i) Low performance in the reading series system;
(ii) Low performance in the math mathematics series; or
(iii) The student is unable to verbally express ideas and cannot write or dictate a meaningful sentence; or
(E) Current test information in the student file indicates the student has a score at or below the 25 twenty-fifth percentile; and
(2) Students in grades two through four and five and grades nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (IEP's) specify that they meet the eligibility requirements specified in paragraph (1) of this subsection and that their special education program is not designed to address their respective reading, mathematics, or writing deficiencies.
No more than 25 percent of the school full-time equivalent population in eligible grades as specified in paragraphs (1) and (2) of this subsection shall be eligible for the remedial program; provided, however, that the State Board of Education may develop regulations whereby a higher percentage may be eligible if the percentage of students receiving free and reduced price lunches exceeds 50 percent.

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(b)-The following students shall not be eligible for the remedial education program:
(1)-Students who are receiving services under the special instructional assistance program as authorized by Code Section 20-2-153; or
(2)-Students who are receiving instruction under the special education program that is designed to address their respective reading, mathematics, or writing deficiencies.
(c)(b) Students in grades two through four and five shall only receive instruction at any given time at their current performance level or slightly above such level in the subject matter areas for which they are eligible under the provisions of this Code section; provided, however, that the program of instruction is designed to move the student to grade level or higher in the shortest possible time while ensuring mastery as the student progresses. Each local unit of administration shall submit to the State Board of Education by July 1 of each year the average achievement scores by subject area and grade level of all students who were receiving instructional services under the provisions of this Code section, except those students whose Individualized Education Programs under the special education program state they shall not be administered such achievement tests. If appropriate evaluation data are not received from a local school system by the state board by July 1 of each year, after a hearing has been held for the system, the subsequent allocation of funds under this Code section for the next fiscal year shall be withheld in accordance with the procedure specified in Code Section 20-2-243. The state board shall monitor each local school system's remedial education program at least once each year. The state board shall annually request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for disadvantaged children when such staff is used to evaluate the remedial education program under this Code section in conjunction with the evaluation of the federal compensatory education program for disadvantaged children in the same local school system."
SECTION 17.
Said chapter is further amended in Part 3 of Article 6, relating to educational programs under the "Quality Basic Education Act," by adding a new code Section 20-2-154.1 to read as follows:
"20-2-154.1.
(a) It is the policy of this state that the alternative education program shall provide a learning environment that includes the objectives of the quality core curriculum and that the instruction in an alternative education program shall enable students to return to a general or career education program as quickly as possible. Course credit shall be earned in an alternative education program in the same manner as in other education programs. It is the policy of this state that it is preferable to reassign disruptive students to an alternative education program rather than suspending or expelling such students from school.
(b) Alternative education programs are intended to meet the education needs of a student who is suspended from his or her regular classroom and also of a student who is eligible to remain in his or her regular classroom but is more likely to succeed in a nontraditional setting such as that provided in an alternative education program.
(c) As part of the process of assigning a student to an alternative education program for academic or nondisciplinary reasons, the school shall assess, through policies and procedures promulgated by the local board of education, the needs of the student and consider options for addressing those needs.
(d) Each local school system shall provide an alternative education program that:
(1) Is provided in a setting other than a student's regular classroom;
(2) Is located on or off of a regular school campus and may include in-school suspension that provides continued progress on regular classroom assignments;

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(3) Provides for disruptive students who are assigned to the alternative education program to be separated from nondisruptive students who are assigned to the program;
(4) Focuses on English language arts, mathematics, science, social studies, and self-discipline;
(5) Provides for students' educational and behavioral needs; and
(6) Provides supervision and counseling.
(e) An alternative education program may provide for a student's transfer to a different campus, a school-community guidance center, or a community-based alternative school.
(f) A local school system may provide an alternative education program jointly with one or more other systems.
(g) Each local school system shall cooperate with government agencies and community organizations that provide services in the school district to students placed in an alternative education program.
(h) For the 2000-2001 school year, state funding of alternative education programs shall be based upon a full-time equivalent program count that equals 2.5 percent of the full-time equivalent program count for grades six through 12. For the 2001-2002 school year and thereafter, the amount of state funds appropriated and allocated for the alternative education program provided for in this Code section shall be based on the actual count of students served during the preceding year, except that the count of students served shall not exceed 2.5 percent of the full-time equivalent program count for grades six through 12.
(i) A local school system shall allocate to an alternative education program the same expenditure for each student attending the alternative education program, including federal, state, and local funds, that would be allocated to the student's school if the student were attending the student's regularly assigned education program, including a special education program, except as otherwise provided in this Code section.
(j) Upon the request of a local school system, a regional educational service agency may provide to the system information on developing an alternative education program that takes into consideration the system's size, wealth, and existing facilities in determining the program best suited to the system.
(k) If a student placed in an alternative education program enrolls in another local school system before the expiration of the period of placement, the local board of education requiring the placement shall provide to the local school system in which the student enrolls, at the same time other records of the student are provided, a copy of the placement order. The local school system in which the student enrolls may continue the alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement.
(l) The State Board of Education shall adopt rules necessary to administer the provisions of this Code section. Academically, the mission of alternative education programs shall be to enable students to perform at grade level. Annually, the Office of Education Accountability shall define for alternative education programs acceptable performance and performance indicating a need for peer review, based principally on standards defined by the Office of Education Accountability that measure the academic progress of students toward performing at grade level while attending an alternative education program."
SECTION 18.
Said chapter is further amended by striking in its entirety Code Section 20-2-155, relating to the school climate management program, model codes of behavior and discipline, and the in-school suspension program under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-155 to read as follows:
"20-2-155.

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(a) The State Board of Education shall establish a state-wide school climate management program to help local schools and systems requesting assistance in developing school climate improvement and management processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, administrator, and other school personnel participation. These processes will be designed for, but will not be limited to, promoting positive gains in student achievement scores, student and teacher morale, community support, and student and teacher attendance, while decreasing student suspensions, expulsions, dropouts, and other negative aspects of the total school environment. The state board upon request of a local school system is authorized to provide the necessary on-site technical assistance to local schools and systems and to offer other assistance through regional and state-wide conferences and workshops, printed material, and such other assistance as may be deemed appropriate under this subsection Code section. The state board shall, upon request of a local school system, produce model codes of behavior and discipline and shall produce guidelines for application and administration of such codes. The results of this program shall be annually presented to the General Assembly for review in determining future appropriations for state-level technical assistance necessary to perform the duties assigned to the state board under this Code section.
(b)-The State Board of Education is authorized to create an in-school suspension program. As the vast majority of the students who disrupt public school classrooms are also experiencing problems in mastering classroom assignments and are below expectation in their academic achievement, it is the policy of this state that it is preferable to reassign disruptive students to isolated, individually oriented in-school suspension programs rather than to suspend or expel such students from school. Therefore, the primary purposes of the in-school suspension program are to isolate the offending students from the regularly assigned classrooms and activities of the school, to continue progress relative to classroom assignments, and to provide individually oriented instruction in essential skills and knowledge areas for which low achievement levels are contributing to the students' adjustment problems. The in-school suspension programs may be housed in the regularly assigned schools, special schools specifically organized for such programs, or alternative schools, provided the suspended students are isolated from typical school activities until they demonstrate sufficient adjustment to warrant their returning to their previously assigned classes. The state board shall adopt regulations, standards, and eligibility criteria necessary to guide the effective operation of state supported in-school suspension programs. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year."
SECTION 19.
Said chapter is further amended by striking in its entirety Code Section 20-2-156, relating to the program for limited-English-proficient students under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-156 to read as follows:
"20-2-156.
The State Board of Education shall create a program for limited-English-proficient students whose native language is not English, subject to appropriation by the General Assembly. The purpose of this program is to assist such students to develop proficiency in the English language, including listening, speaking, reading, and writing, sufficient to perform effectively at the currently assigned grade level. For the first year of implementation of this program state wide, the state board shall request an amount for grants to local school systems based upon documentation of the number of eligible students estimated to be served; provided, however, that funds appropriated for this program in the initial year of operation shall be allocated only on the basis of the documented actual number of students being served during the initial year. For the second year of operation and thereafter, the amount of funds appropriated and allocated for this program shall be based on the actual count of students served during the preceding year. The state board shall prescribe such rules and regulations regarding eligibility criteria and standards as may be needed to carry out the provisions of this Code section. This program may also be referred to as the English for speakers of other languages (ESOL) program."

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SECTION 20.

Said chapter is further amended by striking in their entirety subsections (e) and (f) of Code Section 20-2-160, relating to the determination of enrollment by institutional program and the determination of funds to be appropriated under the "Quality Basic Education Act," and inserting in lieu thereof new subsections (e) and (f) to read as follows:

"(e) After such time as the student information portion of the state-wide comprehensive educational information network has been implemented pursuant to Code Section 20-2-320, and after such time as the second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, the average, as calculated pursuant to subsection (d) of this Code section, of the local school system's two full-time equivalent program counts for the current fiscal year shall serve as the full-time equivalent count used to allot the funds needed to finance each respective program for the ensuing fiscal year. In the event that funds needed for this purpose exceed the amount appropriated for this purpose, the additional needed funds shall be drawn from an amount to be appropriated annually by the General Assembly for this purpose. Prior to the completion of the student information component of said information network, and prior to such time as the second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, allotment of funds needed to finance each respective program for the ensuing fiscal year shall be based on the average, as calculated pursuant to subsection (d) of this Code section, of the local system's first full-time equivalent program count and the projected second full-time equivalent program count for the current fiscal year. For purposes of calculating allotments for the instructional programs identified in paragraphs (2), (4), (7), and (18) of subsection (b) of Code Section 20-2-161, for which the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do not exist, the most recent full-time equivalent program count shall be used until such time as the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do exist.

(f) For any fiscal year beginning July 1, 1996, the maximum number of full-time equivalent students eligible for funding in any school system for the high school nonvocational laboratory program shall be equal to no more than 30 percent of the sum of those students counted in the programs specified in paragraphs (5), (6), and (7) of subsection (b) of Code Section 20-2-161. Full-time equivalent students in excess of this 30 percent number shall be counted in the high school general education program. The allotments for the alternative education program shall be calculated as provided in subsection (h) of Code Section 20-2-154.1."

SECTION 21.

Said chapter is further amended by striking subsections (b), (e), and (f) of Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in lieu thereof new subsections (b), (e), and (f) to read as follows:

"(b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights and teacher-student ratios:

(1) Kindergarten program
(2) Kindergarten early intervention program

1.3210 1.3405 weight and 1 to 15 ratio
1.7082 weight and
1 to 11 ratio

(2)(3) Primary grades program (1-3)

1.2424 1.2689 weight and 1 to 17 ratio

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(4) Primary grades early intervention program (1-3)

(3)(5) Upper elementary grades program (4-5)

(4)(6) Middle grades program (6-8)

(7) Middle school program (6-8) as defined in Code Section 20-2-290

(5)(8) High school general education program (9-12)

(6) High school nonvocational laboratory program (9-12)
(7)(9) Vocational laboratory program (9-12)

(8)(10) Program for persons with disabilities: Category I

(9)(11) Program for persons with disabilities: Category II

(10)(12) Program for persons with disabilities: Category III

(11)(13) Program for persons with disabilities: Category IV

1.7556 weight and
1 to 11 ratio
1.0067 1.0289 weight and 1 to 23 ratio
1.0122 1.0218 weight and 1 to 23 ratio
1.1196 weight and
1 to 20 ratio
1.0000 weight and
1 to 23 ratio
1.1604
1.2719 1.2052 weight and 1 to 20 ratio
2.3561 2.3272 weight and 1 to 8 ratio
2.7406 2.7111 weight and 1 to 6.5 ratio
3.4857 3.4485 weight and 1 to 5 ratio
5.6338 5.5742

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weight and 1 to 3 ratio

(12)(14) Program for persons with disabilities: Category V

2.4473 2.4136 weight and 1 to 8 ratio

(13)(15) Program for intellectually gifted students: Category VI

1.6453 1.6255 weight and 1 to 12 ratio

(14)(16) Remedial education program

1.2918 1.2864 weight and 1 to 15 ratio

(17) Alternative education program

1.5613 weight and
1 to 15 ratio

(18) English for speakers of other languages (ESOL) program

2.4317 weight and
1 to 7 ratio"

"(e) The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated professional personnel who were employed by the local school system as of the month of June October for the most recent year that these data are available; provided, however, that the amount needed for training and experience for personnel funded through categorical grants shall only be included in the appropriate categorical grant. The amount shall be reported for each program identified in subsection (b) of this Code section for each full-time equivalent program count date and by segment of the school day and for each categorical program. Such additional amount shall be known as 'program adjustment amount for training and experience' and this amount shall be noted in total in the language section of the General Appropriations Act each year.

(f) As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor is authorized to shall appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, the Governor's office, and representatives of local school systems."

SECTION 22.

Said chapter is further amended by striking in its entirety Code Section 20-2-162, relating to the annual recalculation of the amount of funding and the midterm adjustment under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-162 to read as follows:

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"20-2-162.
(a) The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education Formula for the midterm adjustment for the current fiscal year using the average of the first and the projected second full-time equivalent counts for the current fiscal year, with the first full-time equivalent count weighted two parts and the projected second full-time equivalent count weighted one part; provided, however, that after such time as the student information portion of the state-wide comprehensive educational information network has been implemented pursuant to Code Section 20-2-320, and after such time as the second full-time equivalent count for the current fiscal year can be completed prior to April 1 of the current year, then if the second full-time equivalent count for the current fiscal year is lower than the projected second count, the midterm adjustment shall be calculated using the average of the two actual full-time equivalent counts for the current fiscal year, with the first full-time equivalent count weighted two parts and the second full-time equivalent count weighted one part. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instructional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of any or all of the instructional programs specified in Code Section 20-2-161 which had full-time equivalent counts pursuant to this Code section that are higher than the full-time equivalent counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or service explicitly excluded from the full-time equivalent count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average full-time equivalent count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment.
(b) A midterm adjustment in a local school system's local fair five mill share shall be made if:
(1) The most recent actual property tax digest for educational maintenance and operation of a local school system, as approved by the Department of Revenue, is less than the actual property tax digest for educational maintenance and operation approved by the Department of Revenue for the year used initially to calculate the system's local fair five mill share pursuant to Code Section 20-2-164, and such reduction is due to more accurate assessments or actual loss in tangible property or a combination of these factors as determined by the Department of Revenue; and
(2) The most recent equalized adjusted school property tax digest for the local school system is less than the equalized adjusted school property tax digest for the year used initially to calculate the system's local fair five mill share.
Such a midterm adjustment shall be made by reducing the initial local fair five mill share by the percentage decrease over the most recent two years in the actual property tax digest for educational maintenance and operation. The gross value of property prior to deduction of any exemptions shall be used throughout the calculations under this subsection. The provisions of this subsection shall apply only to the midterm adjustment of local fair five mill share as provided in this Code section.
(c)-A midterm adjustment shall be made for any local school system which qualifies for the middle school grant and is in the first year of operation of a middle school program which satisfies all criteria set forth in Code Section 20-2290 as well as any additional criteria established through policy of the State Board of Education. The amount of such midterm adjustment shall be calculated in the same manner as is specified in Code Section 20-2-290 for school systems which have qualified for the middle school grant by operating middle school programs for one or more prior years. To be eligible to receive this midterm adjustment, a local school system must also meet the following requirements:

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(1)-The local school system must submit an application to the State Board of Education during the fiscal year prior to the year of implementation of the qualifying program, adhering to application procedures and deadlines established by the state board; and
(2)-The Department of Education must verify that the middle school program meets all established criteria through site visits to each school for which application has been made to be conducted no later than December 1 of the school year in which the middle school program is implemented."
SECTION 23.
Said chapter is further amended by striking subsections (a), (b), and (h) of Code Section 20-2-164, relating to local fair share funds under the "Quality Basic Education Act," and inserting in lieu thereof new subsections (a), (b), and (h) to read as follows:
"(a) The State Board of Education shall calculate the amount of local fair five mill share funds that each local school system shall be required to spend each fiscal year to support participate in the Quality Basic Education Program as follows:
(1) Unless the combined fair local five mill share total for all local school systems in the state, when calculated pursuant to this paragraph, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, the amount of each local school system's local fair five mill share shall be calculated as follows:
(A) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;
(B) From the amount calculated in subparagraph (A) of this paragraph deduct the total amount calculated pursuant to subsection (g) of this Code section; and
(C) Multiply the remainder calculated in subparagraph (B) of this paragraph by .005; or
(2) If the combined fair local five mill share total for all local school systems in this state, when calculated pursuant to paragraph (1) of this subsection, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, then the amount of each local system's fair share shall be calculated as follows:
(A) Multiply the total amount of Quality Basic Education Formula amounts to be expended for all local school systems combined, as calculated for each local school system pursuant to Code Section 20-2-161, by .2;
(B) Divide the product calculated in subparagraph (A) of this paragraph by the sum of the local fair five mill share amounts for all local school systems in this state as calculated for each local school system pursuant to subparagraph (C) of paragraph (1) of this subsection;
(C) Multiply the amount calculated in subparagraph (B) of this paragraph by .005; and
(D) Multiply the product calculated in subparagraph (C) of this paragraph by the remainder calculated in subparagraph (B) of paragraph (1) of this subsection.
(b)(1) Each local school system shall apply the total amount of its local fair five mill share funds to any combination of programs funded under this article and in the manner so earned as indicated on the allotment sheets as provided by the State Board of Education; provided, however, that no portion of the local fair five mill share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any

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grant program which explicitly excludes the application of local funds or which explicitly requires an application of local funds other than from the local fair five mill share.
(2) The local school system may apply revenues toward the local fair five mill share from any source except: funds derived from the federal government which were not designed to replace local tax revenues; state funds; student tuition and fees; funds transferred from another local unit of administration; and other sources specifically prohibited by provisions of this article; provided, however, that an independent school system may apply appropriations from the taxing authority of its municipal government."
"(h) In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system toward the support of in order to participate in the Quality Basic Education Program as defined by this article during any fiscal year, the State Board of Education shall calculate the total amount of such funds and add that amount to the local fair five mill share being required of the local school system for an ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an amount of funds to the state general fund, the state board shall add said amount to the local fair five mill share of the local school system for an ensuing fiscal year if the state board has not been provided documentation that the amount has already been paid to the state general fund. Such additions will thereby reduce the amount of state funds which shall be allotted to such local school systems. If a local school system does not fulfill its obligation relative to its assessed local fair share to provide a local five mill share or to comply with any other provisions of this article for any fiscal year, the state board may withhold any portion or all of the state funds to be allotted during the current or an ensuing fiscal year."
SECTION 24.
Said chapter is further amended by striking in its entirety Code Section 20-2-165, relating to calculation and allocation of equalization grants under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-165 to read as follows:
"20-2-165.
(a) As used in this Code section, the term:
(1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted school property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164.
(2) 'Assessed valuation per weighted full-time equivalent' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent for the year of the digest.
(3) 'Average weighted full-time equivalent count' is defined as the first count of a fiscal year weighted two parts and the second count weighted one part.
(4) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000.
(5) 'Eligible full-time equivalent program count' is defined as the sum of the full-time equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (b) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except handicapped programs shall not exceed the lesser of the count for fiscal year 1986 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order.
(6) 'Equalized adjusted school property tax digest' is defined as the most recent equalized adjusted school property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 202-164.

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(7) 'Guaranteed valuation school system' is defined as the local school system ranking at the ninetieth seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent. For the purpose of determining the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 48-5-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system.
(8) 'Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the state board by the Department of Revenue pursuant to subsection (e) of Code Section 20-2-164, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds.
(9) 'Most recent average weighted full-time equivalent count' is defined as the average of the two most recent weighted full-time equivalent counts.
(10) 'Qualified local school system' is defined as any local school system having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking below the guaranteed valuation school system and having an effective millage rate greater than the millage rate applied to calculate the local fair five mill share pursuant to subsection (a) of Code Section 20-2-164.
(11) 'Weighted full-time equivalent count' is defined as the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent counts were obtained pursuant to Code Section 20-2-161.
(12) 'Weighted full-time equivalent for the year of the digest' is defined as the average of the two weighted full-time equivalent counts taken during that fiscal year beginning during the year of the digest.
(b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner:
(1) Subtract the assessed valuation per weighted full-time equivalent for the local school system from the assessed valuation per weighted full-time equivalent for the guaranteed valuation school system;
(2) Divide the difference resulting from paragraph (1) of this subsection by 1,000;
(3) Subtract five from the effective millage rate for the local school system and use the resulting number of effective mills or 3.25 15 effective mills, whichever is less, as the number of effective mills to be equalized;
(4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection;
(5) Multiply the product resulting from paragraph (4) of this subsection by the most recent average weighted fulltime equivalent count for the local school system; and
(6) The resulting amount, calculation amount A, shall be the equalization grant for the ensuing fiscal year; provided, however, that for fiscal year 2001 the amount shall be adjusted by calculating a second amount, calculation amount B, under subsection (b) of this Code section by replacing the seventy-fifth percentile school system with the ninetieth percentile school system for the guaranteed valuation school system and subtracting five from the effective mills and using the resulting number of effective mills or 3.25 effective mills, whichever is less, as the number of effective mills to be equalized, and subtracting the resulting amount from calculation amount A and multiplying the resulting amount by .25 and adding that amount to calculation amount B; provided, further, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an

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adjoining system, the equalization grant shall be recalculated to represent the amount that would be earned if the students transferred under said contract were included in the full-time equivalent counts of the local school system in which they reside; provided, further, that any recalculated equalization grant to be earned by a local school system sending students to another system under the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted full-time equivalent student multiplied by the total weighted full-time equivalent count for students transferred, and any recalculated equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. The amounts so recalculated shall be the equalization grants for such local school systems. The recalculations shall occur after the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system has been calculated and shall not affect the calculation of the assessed valuation per weighted full-time equivalent of the guaranteed valuation school system.
(c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion of local fair five mill share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems.
(d) The amount of funds appropriated each year under this Code section, for a period not to exceed five years beginning with fiscal year 2002, may be adjusted to allow local school systems that are losing funds due to a change from the ninetieth percentile guaranteed valuation school system to the seventy-fifth percentile guaranteed valuation school system sufficient time to adjust their local programs.
(e)(1) Beginning with Fiscal Year 2002, a midterm adjustment in a local school system's equalization grant shall be made if:
(A) The school system ranks at or below the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent student, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent student; and
(B) The school system increases the actual millage levied against its digest.
(2) If made, the midterm adjustment to the equalization grant shall be calculated as follows:
(A) Calculate the percentage change in the actual millage rate for a school system by subtracting the actual millage rate for the prior year from the actual millage rate for the current year and dividing by the actual millage rate for the prior year;
(B) If the result from subparagraph (A) of this paragraph is a positive number, multiply the number of effective mills calculated as part of the original equalization grant calculation for a given year by the percentage increase calculated in subparagraph (A) of this paragraph. Add the product of this calculation to the effective number of mills from the original equalization grant calculation as described in subsections (a) through (d) of this Code section;
(C) Recalculate the equalization grant substituting the revised number of effective mills calculated in subparagraph (B) of this paragraph; and
(D) Subtract the initial equalization grant amount from the amount calculated in subparagraph (C) of this paragraph.
The resulting amount shall be the midterm adjustment to the equalization grant."
SECTION 25.

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Said chapter is further amended by striking subsections (a) and (b) of Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs and the establishment of a computerized uniform budget and accounting system under the "Quality Basic Education Act," and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a)(1) The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2161, specifying the number of positions earned and salaries and operational costs portions. 'Direct instructional costs' is defined as those components of the program weights which are specified in subsections (a) through (h) (g) 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 five instructional programs for disabled students shall be summed into one amount for special education. For each program, each local school system shall spend a minimum of 90 percent of the funds designated for direct instructional costs on the direct instructional costs of such program, except as modified in this paragraph. Each local school system shall spend the sum of all funds designated for operational costs for such operational costs, summed across all programs. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts and the sum of funds designated for operational costs shall be increased by the portion of the midterm adjustment allotment which is applied to the direct instructional costs of an instructional program. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for one or more programs authorized pursuant to Code Section 20-2-161 but does enroll a greater fulltime 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 below the 90 percent amount reflected in the midterm calculations. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation for a program authorized pursuant to Code Section 20-2-161 and it elects to return a portion of that allocation for direct instructional costs to the state, the 90 percent amount for the appropriate portions of the direct instructional costs of that program shall be reduced by that returned amount. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional costs of such program at the school site in which the funds were earned, except that funds earned for special education programs shall be summed for the purposes of this expenditure control. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2-212 plus associated benefits funded by the state and the salaries and any state-earned benefits or comparable state-earned benefits of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense; provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 20-2-182, adjusted for maximum class size, shall be employed for the delivery of services for which the funds were earned. This position control shall be for the kindergarten program, the kindergarten early intervention program, the primary grades program, and the primary grades early intervention program combined and the combined total for all other programs; provided, however, that positions earned for art, music, and physical education, technology specialists, and counselors shall be totaled for all programs. Fractional amounts may be combined and used for any direct instructional position. Funds earned for any fractional amounts may be used for any direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local

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school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for the direct instructional costs of that program may be expended only for the direct instructional costs of one or more of the other programs specified by that Code section must be returned to the state treasury .
(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a minimum of 90 percent of the funds designated for media center salary costs for such salaries and 90 percent of the funds designated for media center materials costs for such materials. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 and 100 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the media center costs. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 or 100 percent amount for the appropriate portions of the media center costs shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the 90 percent amount required by this paragraph to be expended by a local school system for media center salary costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for media center costs for such costs, and a minimum of 90 percent of such funds shall be spent at the school site in which such funds were earned.
(3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Each local school system shall spend a minimum of 100 percent of the total funds designated for staff development and professional development programs for certificated and classified personnel and local school board members and for meeting the certification requirements needed by personnel to continue in currently assigned positions. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount, initial earnings, and midterm adjustment, if any, of earnings for each program specified in subsection (b) of Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for staff and professional development costs, as allowed by State Board of Education policy, for such costs. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development and professional development costs to the state, the 100 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Section 20-2-182.
(4) In the event any local school system should fail to encumber at least 90 percent of the funds specified in paragraph (1) of this subsection, 90 percent of the funds specified in paragraph (2) of this subsection for media center salary costs, 100 percent of the funds specified in paragraph (2) of this subsection for media center materials costs, or the funds designated for operational costs in paragraph (1) of this subsection, the state board shall increase the local fair share for an ensuing year by the difference between the actual amounts encumbered and the 90 or 100 percent amounts or the funds designated for operational costs calculated pursuant to this subsection. All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article.

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(5) The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a 'surplus' or 'unobligated surplus' fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget for any year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that year's total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expenditure of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose.
(b)(1) The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational information network system established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
(A) Instructional program involved;
(B) Whether basic education or enrichment in purpose;
(C) Fund source or sources; and
(D) Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development.
(2) The state board is authorized to shall prescribe information that must be submitted to the state board and the time it must be submitted. In determining the information needed and the time for submission, the state board shall take into consideration the information and times identified by the Office of Education Accountability as necessary to the implementation of the accountability program provided for in Part 3 of Article 2 of Chapter 14 of this title. The state board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting."
SECTION 26.
Said chapter is further amended by striking in its entirety Code Section 20-2-181, relating to the calculation of program weights based on base school size under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-181 to read as follows:
"20-2-181.
The calculation of all program weights shall reflect a base size local school system of 3,300 full-time equivalent students. The calculation of program weights for the kindergarten program, the kindergarten early intervention program, the primary grades (1-3) intervention program, the primary grades (1-3) program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calculation of program weights for the middle grades (6-8) program, the middle school (6-8) program, the special education programs, and the remedial education program, and the English for speakers of other languages program shall reflect a base school size of 624 full-time equivalent students. The calculation of the program weights for the

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high school general education program and the high school nonvocational and vocational laboratory programs program shall reflect a base school size of 970 full-time equivalent students. The calculation of program weights for the alternative education program shall reflect a base school size of 100 full-time equivalent students, except that the calculations for secretaries and media personnel shall reflect a base school size of 624 full-time equivalent students."
SECTION 27.
Said chapter is further amended by striking in its entirety Code Section 20-2-182, relating to the calculation of program weights based on payment of salaries and benefits under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-182 to read as follows:
"20-2-182.
(a) The program weights, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of all teachers needed to provide essential classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students, subject to appropriation by the General Assembly.
(b)-The program weights for the kindergarten program, the primary grades program, and the remedial education program, when multiplied by the base amount, shall reflect sufficient funds to provide instructional aides to assist teachers; provided, however, that pursuant to subsection (a) of Code Section 20-2-167 funds earned by a local school system for direct instructional costs of any program specified in Code Section 20-2-161 may be used to employ instructional aides. Further, the program weights for the upper elementary grades (4-5) program and the middle grades (6-8) program, when multiplied by the base amount, shall reflect the cost of providing teachers with clerical assistance for a limited portion of each school day, subject to appropriation by the General Assembly.
(c)(b) The program weights for the primary, primary early intervention, upper elementary, and middle grades, and middle school programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, and physical education, subject to appropriation by the General Assembly.
(d)(c) The program weight weights for the kindergarten, kindergarten early intervention, primary, primary early intervention, upper elementary, middle grades, middle school, and alternative education, programs program and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for guidance counselors needed to provide essential guidance services to students and whose duties and responsibilities shall be established by the state board to require a minimum of five of the six full-time equivalent program count segments of the counselor's time to be spent counseling or advising students or parents .
(d) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for technology specialists needed to provide essential technology services.
(e) The program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to provide for the development and supervision of an extended day program during the regular school year. Further, said program weights, when multiplied by the base amount, shall reflect sufficient funds to provide teachers with a preparation period free of assigned students.
(f) The program weights for the high school nonvocational laboratory program and the vocational laboratory program, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of laboratory supervisors in each such program.
(f.1) The program weights for the kindergarten, kindergarten early intervention, primary, primary early intervention, upper elementary, middle grades, middle school, remedial, and alternative education programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective

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program. Such funds shall be used for addressing the academic needs of low-performing students with programs such as, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, and summer school classes.
(g) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, payments to teachers for unused sick leave, the employer's portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential instructional materials and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly. The State Board of Education shall withhold from the allotment for each local school system which operates an independent retirement program the amount intended to pay the employer's portion of costs for membership in the Teachers Retirement System of Georgia. The state board shall remit the amount withheld directly to the Teachers Retirement System of Georgia.
(h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) of Code Section 20-2-161, an amount of funds for the purpose of providing staff and professional development to certificated and classified personnel and local school board members which shall be at least equivalent to one-half of 1 1.5 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. The program weights, when multiplied by the base amount, shall also reflect an amount of funds for the purpose of providing professional development stipends which shall be sufficient to allow eligible certificated personnel to participate in such activities at least once every five years, subject to appropriation by the General Assembly. Such stipends shall be provided to the individual on a reimbursable basis on a state approved schedule which shall not exceed $150.00 per credit hour for staff development or professional development stipends for approved program participation; provided, however, that such limit shall be adjusted annually, consistent with the percentage increase in the salary base determined pursuant to Code Section 20-2-212. No stipends shall be provided for less than one credit hour participation or for more than 15 hours within the fiscal year. Each credit hour shall require ten contact hours of participation. Funds used for professional or staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet professional or staff development needs in the order of priority determined by the local board of education within the comprehensive professional and staff development program plan approved by the State Board of Education pursuant to Code Section 20-2-232. Such professional and staff development program plan shall address deficiencies of certificated personnel as identified by evaluations required under Code Section 20-2-210. Where possible, professional and staff development funds shall be used for activities that enhance the skills of certificated personnel and directly relate to student achievement. Subsequent certificated personnel evaluations shall include an assessment of an employee's professional and staff development activities and their effect on identified deficiencies and student achievement. Funds for professional development stipends purposes may be used for activities occurring at any time during the fiscal year outside of an employee's normal contract hours. If any portion of professional development funds are not expended by a local school system for these purposes, that portion shall be returned to the state. Such staff and professional development activities shall be in accordance with the annual local staff development plan approved by the State Board of Education pursuant to Code Section 20-2-232.
(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article and the middle school program provided for in Code Section 20-2-290 the maximum number of students which may be taught by a teacher in an instructional period. Such maximum class sizes shall be equal to or greater than the class sizes teacher-student ratios used in the calculation of the program weights as set forth in subsection (b) of Code Section 20-2-161 but shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that in no case shall the 20 percent maximum be exceeded for mathematics, science, social studies, or English classes; provided, further, that the maximum class size for grades one through three shall not exceed 20 percent over the funding ratio except for art, music, or physical education classes; provided, further, that the maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For a period not to exceed four years, beginning with the 2000-2001 school year, local school systems shall be allowed to exceed the maximum class sizes set forth in this subsection in a manner consistent with State Board of Education rules. The State Board of Education shall lower the current maximum class sizes set by state board rules in effect for the 1999-2000 school year, beginning with the 2000-2001 school year, by a proportional amount each school year so that, beginning with

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the 2003-2004 school year, State Board of Education rules are in compliance with this subsection. An aide may be used to increase the maximum class size in kindergarten from 18 to 20 and may be used in all other programs to increase class size as allowed by State Board of Education rule, except that an aide shall not be used to increase the maximum class size in grades one through three. The maximum class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. Maximum class sizes that result in a fractional full-time equivalent shall be rounded up to the nearest whole number as needed. The middle school program shall use the teacher-student ratio of the middle grades program for the purpose of this subsection. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board, along with the educational justification for granting the requested exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly, if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems' programs as determined by the local boards of education."
SECTION 28.
Said chapter is further amended by striking in its entirety Code Section 20-2-185, relating to the calculation of program weights based on payment of salaries for principals and secretaries under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-185 to read as follows:
"20-2-185.
All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of principals and assistant principals as well as the salaries of secretaries essential for the efficient and effective management of the instructional and supportive educational programs of an appropriate base size school pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office in the school, subject to appropriation by the General Assembly."
SECTION 29.
Said chapter is further amended by striking in its entirety Code Section 20-2-186, relating to the allocation of funds for local systems to pay beginning salaries of superintendents, secretaries, and accountants under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-186 to read as follows:
20-2-186.
(a) Funds provided under this article shall include the following for local systems to pay, on a 12 month basis, the beginning salaries of superintendents, assistant superintendents, and principals and the salaries of secretaries, and accountants, and nurses, subject to appropriation by the General Assembly:
(1) Each local system shall earn, for any number of full-time equivalent students equal to or under 1,000 5,000, funds sufficient to pay the beginning salaries of a superintendent, accountant, and two assistant superintendents and one-half the salary salaries of a secretary and an accountant; and
(2) For numbers of full-time equivalent students over 1,000 5,000 and less than 2,001 10,001, 80 percent of the amount obtained by multiplying the number of students over 1,000 by the amount earned in paragraph (1) of this Code section divided by 1,000 funds sufficient to pay the beginning salaries of a superintendent and four assistant superintendents and the salaries of a secretary and an accountant; and
(3) For numbers of full-time equivalent students over 2,000 10,000, and less than 3,001, 70 percent of the amount obtained by multiplying the number of students over 2,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and funds sufficient to pay the beginning salaries of a superintendent and eight assistant superintendents and the salaries of a secretary and an accountant; and

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(4) For numbers of full-time equivalent students over 3,000 and less than 4,001, 60 percent of the amount obtained by multiplying the number of students over 3,000 by the amount earned in paragraph (1) of this Code section divided by 1,000 Each local system shall earn funds for the 2000-2001 school year sufficient to pay the beginning salary of a principal for each school in the local school system with a principal of record for the preceding year. Thereafter, each local school system shall earn funds sufficient to pay the beginning salary of a principal for each school in the local school system that reported a principal on the October certified personnel information report; provided, however, that any school which operates as a combination school, which is defined as any of the elementary grades, kindergarten through grade five, contiguous with one or more of the middle grades, grades six through eight; or as a combination school of any of the middle grades, grades six through eight, contiguous with one or more of the elementary grades or contiguous with one or more of the high school grades, grades nine through 12; or as a combination school of any of the high school grades, contiguous with one or more of the middle grades, shall earn funds sufficient to pay the beginning salary of a principal for each of the elementary, middle, or high school combinations. Beginning with the 2001-2002 school year, funds cannot be earned for more than one principal's salary for schools on the same campus sharing facilities unless the schools operate as a combination school as defined in this paragraph with separate facility codes issued by the Department of Education. A local school system shall earn funds in the midterm adjustment sufficient to pay the beginning salary of a principal for a new school, if not otherwise earning the funds, when the school has reported full-time equivalent program counts in the October count, has an approved new school facility code issued by the department, and has reported a principal on the October certified personnel information report under the new facility code. It is further provided that funds for the salary of a principal shall not be earned under this paragraph for an evening school or alternative school; and
(5) For numbers of full-time equivalent students over 4,000 and less than 10,001, 33 percent of the amount obtained by multiplying the number of students over 4,000 by the amount earned in paragraph (1) of this Code section divided by 1,000 Each local system shall earn funds sufficient to pay for nursing services.; and
(6)-For numbers of full-time equivalent students over 10,000, an amount equal to 25 percent of the amount obtained by multiplying the number of students over 10,000 by the amount earned in paragraph (1) of this Code section divided by 1,000.
(b) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a visiting teacher for using a base size school system pursuant to Code Section 20-2-181 of 2,475 fulltime equivalent students and for costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system using a base size of 2,475 full-time equivalent students , subject to appropriation by the General Assembly.
(c) Notwithstanding any provision of this Code section to the contrary, no local system shall earn funds under this Code section, except for funds for nurses, accountants, visiting teachers, school psychologists, and secretaries, if the local board of education has not implemented in a failing school within the system the interventions, as defined in Code Section 20-14-41, that are prescribed by the State Board of Education."
SECTION 30.
Said chapter is further amended by striking in its entirety subsection (b) of Code Section 20-2-200, relating to the regulation of certificated professional personnel by the Professional Standards Commission, and inserting in lieu thereof new subsections (b) and (b.1) to read as follows:
"(b)(1) Before granting a renewable certificate to an applicant, the Professional Standards Commission shall require the applicant to demonstrate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicant's field of certification.

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(2) Before granting a renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills , a test of computer skill competency, and an assessment to demonstrate satisfactory on-the-job performance appropriate to the applicant's field of certification. Successful completion of the phase one InTech model training at a state educational technology training center or by a State Board of Education approved redelivery team shall be acceptable for certificate renewal purposes. The on-the-job performance of teachers shall be assessed by the instrument developed pursuant to Code Section 20-2-210. When used for initial renewable certification, the extended form version of such instrument shall be used with the following additional requirements: the applicant shall produce for the days to be observed a brief written lesson plan appropriate and sufficient for the demonstration of essential skills; the scheduling of observation periods and intervals between them shall be designed to allow the teacher an adequate opportunity to demonstrate the essential skills; at least one evaluator shall be external to the school system in which the assessment is taking place and each evaluator is certified by the commission as qualified to administer the assessment; on-the-job performance shall be evaluated on criteria set by the commission which will ensure demonstration of effective teaching practices.
(3) An applicant shall be exempted from the written planning portion of the on-the-job assessment requirement pursuant to paragraph (2) of this subsection if:
(A) The applicant has held a professional teaching or service certificate issued by any state in the United States at the baccalaureate degree level or higher and has satisfactorily performed appropriate duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof; or
(B) The applicant has held a professional leadership certificate issued by any state in the United States at a level above the master's degree and has satisfactorily performed appropriate leadership duties on a full-time basis for at least five of the past eight years in regionally accredited private schools of this state or another state, or an accrediting agency with criteria and procedures equivalent to or greater than a regional accrediting association as determined solely by the Professional Standards Commission, or in public schools of this state or another state, or a combination thereof.
(4) Exemptions authorized pursuant to paragraph (3) of this subsection shall not apply to those applicants who have taken the on-the-job assessment required for certification more than five times. Any person who qualifies for the exemption granted under subparagraph (A) or (B) of paragraph (3) of this subsection shall receive a nonrenewable certificate valid for a maximum of three years. During those three years, said person shall be eligible for a renewable certificate at such time said person demonstrates satisfactory performance on the nonwritten portion of the required certification assessment. This exemption shall in no way affect other certification requirements of this article or the annual performance evaluation required pursuant to Code Section 20-2-210.
(5) Before granting an initial renewable certificate to an applicant, the commission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of broad general knowledge.
(6) On any test or assessment required as a condition for receiving any renewable certificate, each applicant shall have at least three opportunities to demonstrate the required proficiency. Each applicant currently employed by a local unit of administration who initially does not pass any required tests or assessments may request and thereby shall be provided staff development assistance in the areas of identified deficiencies. An applicant must achieve the required passing score on any of the required tests only once for each certification level and field.
(7) An individual holding a valid life certificate is exempt from the provisions of this subsection for that certificate field.
(8) An individual who has received two unsatisfactory annual performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate.

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(9) Before granting a renewable certificate required for teaching or for administering or supervising a school system, school, or school program to an applicant who holds a valid renewable certificate at the time of application, the commission shall require such applicant to demonstrate that he or she has worked as a teacher in a classroom for not less than five days during each school year preceding the expiration of such applicant's certificate or has completed a teacher training course approved by the commission.
(b.1) Upon certification from the National Board for Professional Teaching Standards, an applicant shall be deemed to have met state renewal requirements for the life of the teacher's national certificate."
SECTION 31.
Said chapter is further amended in Code Section 20-2-201, relating to specific course requirements and in-service or continuing education for certificated professional personnel under the "Quality Basic Education Act," by striking in its entirety subsection (c) and inserting in lieu thereof new subsections (b.1) and (c) to read as follows:
"(b.1) Universities and colleges having teacher preparation programs for grades pre-kindergarten through 12 shall require students in such programs to be proficient in computer and other instructional technology applications and skills including understanding desktop computers, their applications, integration with teaching and curriculum, and their utilization for individualized instruction and classroom management. There shall be a test to assess the proficiency of students enrolled in teacher preparation programs in computer and other instructional technology applications and skills.
(c) Each local unit of administration shall be required to provide all professional personnel certificated by the Professional Standards Commission 12 clock hours of in-service or continuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as regional educational service agencies, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. These programs shall also focus on improving the skills of certificated personnel that directly relate to improving student achievement. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff."
SECTION 32.
Said chapter is further amended by striking in its entirety Code Section 20-2-210, relating to annual performance evaluations of certificated professional personnel, and inserting in lieu thereof a new Code Section 20-2-210 to read as follows:
"20-2-210.
(a) All personnel employed by local units of administration, including school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. The state board shall develop a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. The local units of administration are authorized to use the models developed by the State Board of Education.
(b) Annual teacher evaluations shall at a minimum take into consideration the following:
(1) The role of the teacher in meeting the school's student achievement goals, including the academic gains of students assigned to the teacher;

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(2) Observations of the teacher by the principal and assistant principals during the delivery of instruction and at other times as appropriate;
(3) Participation in professional development opportunities and the application of concepts learned to classroom and school activities;
(4) Communication and interpersonal skills as they relate to interaction with students, parents, other teachers, administrators, and other school personnel;
(5) Timeliness and attendance for assigned responsibilities;
(6) Adherence to school and local school system procedures and rules; and
(7) Personal conduct while in performance of school duties.
(c) In making a determination of the academic gains of the students assigned to a teacher, evaluators should make every effort to have available and to utilize the results of a wide range of student achievement assessments, including those utilized by the teacher, set by the local board of education, or required under this article. It is recognized that in some instances a determination of the academic gains of the students assigned to a teacher is dependent upon student assessments which have not yet been administered at the time of the annual evaluation or, if they have been administered, the results are not yet available at the time of the annual evaluation. In such instances, the annual teacher evaluation shall be performed on the basis of information available at the time and shall be considered as the annual evaluation for the purposes of this article. As results of student assessments subsequently become available, an addendum to the annual evaluation shall be completed and become part of the teacher's cumulative evaluative record which may be used in a teacher's subsequent annual evaluations.
(d) The superintendent of each local school system shall identify an appropriately trained evaluator for each person employed by the local unit of administration for the purposes of completing an annual evaluation as required in subsections (a) and (b) of this Code section. The evaluator shall be required to complete such annual evaluation for each certificated person prior to April 1 of each year. The superintendent of each local school system shall be responsible for ensuring compliance with this Code section.
(e) In addition to the evaluation by a trained evaluator provided for in subsection (a) of this Code section, the local school system may require each principal and assistant principal of a school to have his or her performance evaluated annually by the teachers in the school. Such evaluations by teachers shall be confidential, solicited and recorded on an anonymous basis, and made available only to the local school superintendent and the local board of education. Such evaluations shall not be subject to Article 4 of Chapter 18 of Title 50.
(b)(f) Any teacher who removes more than two students from his or her total class enrollment in any school year under subsection (b) of Code Section 20-2-738 who are subsequently returned to the class by a placement review committee because such class is the best available alternative may be required to complete professional development to improve classroom management skills, other skills on the identification and remediation of academic and behavioral student needs, or other instructional skills as identified in a plan derived by the principal of the school in consultation with the teacher."
SECTION 33.
Said chapter is further amended in Code Section 20-2-211, relating to annual contracts for certificated professional personnel under the "Quality Basic Education Act," by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) All teachers, principals, other certificated professional personnel, and other personnel of a local unit of administration shall be employed and assigned by its governing board on the recommendation of its executive officer. Minimum qualifications for employment of all personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional

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personnel shall be in writing and , and such contracts shall be signed in duplicate by such personnel on their own behalf and by the executive officer of the local unit of administration on behalf of its governing board.
(b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year. When such notice of intended termination has not been given by April 15, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless such employee has been removed in the manner as provided in Code Section 20-2-940 or unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1. Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year. Upon request, a written explanation for failure to renew such contract shall be made available to such certificated personnel by the executive officer. When such notice of intended termination has not been given by April 15, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1."
SECTION 34.
Said chapter is further amended in Code Section 20-2-211, relating to annual contracts for certificated professional personnel under the "Quality Basic Education Act," by striking subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(1) Each person to be issued a contract of employment for the first time by a local unit of administration after July 1, 1994, as a teacher, principal, or other certificated professional personnel All personnel employed by a local unit of administration after July 1, 2000, whether or not such personnel hold certificates from the Professional Standards Commission, shall be fingerprinted and have a criminal record check made as required by this subsection prior to the issuing of a contract. The local unit of administration shall have the authority to employ a person or persons holding such a certificate under a provisional or temporary contract for a maximum of 200 days and to employ a person who does not hold such a certificate for a maximum of 200 days, in order to allow for the receipt of the results of the criminal record check. Teachers, principals, and other certificated personnel whose employment in a local unit of administration is renewed pursuant to this subpart after July 1, 2000, shall have a criminal record check made as required by this subsection upon any certificate renewal application to the Professional Standards Commission. The local unit of administration shall adopt policies to provide for the subsequent criminal record checks of noncertificated personnel continued in employment in the local unit of administration.
(2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the National Crime Information Center under standards adopted by the Federal Bureau of Investigation or the United States Department of Justice. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this subsection.
(3) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center, the National Crime Information Center, the Federal Bureau of Investigation, or the United States Department of Justice prior to the issuance of any contract of first employment of such person shall be paid by the local unit of administration or by the individual seeking employment or making application to the Professional Standards Commission.

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(4) It shall be the duty of the State Board of Education to submit this subsection to the Georgia Bureau of Investigation for submission to the Federal Bureau of Investigation and the United States Department of Justice for their consent to conduct criminal record checks through the National Crime Information Center as required by federal law, rules, or regulations. No criminal record checks through the National Crime Information Center shall be required by this subsection unless and until such consent is given.
(5) Information provided by the Georgia Crime Information Center or the National Crime Information Center shall be used only for the purposes allowed by Code Section 35-3-35 or by applicable federal laws, rules, or regulations.
(6) The State Board of Education is authorized to adopt rules and regulations necessary to carry out the provisions of this subsection."
SECTION 35.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-212, relating to salary schedules for certificated professional personnel under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The list of Georgia beginning salaries by degree field used to calculate the minimum salary base shall be presented annually to each member of the General Assembly with the Governor's budget recommendations. The House of Representatives and Senate Education and Appropriations Committees shall also be provided upon request with a report which includes data and calculations used to determine the minimum base salary. The state minimum salary schedule shall in all other respects be uniform, with no differentiation being made on the basis of subjects or grades taught. The placement of teachers on the salary schedule shall be based on certificate level and years of creditable experience, except that a teacher shall not receive credit for any year of experience in which the teacher received an unsatisfactory performance evaluation. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries, except as required by this Code section; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro-rata pro rata portion of the respective salary prescribed by the schedule of minimum salaries, except as required by this Code section."
SECTION 36.
Said chapter is further amended by striking subsection (b) of Code Section 20-2-212.2, relating to salary increases for persons receiving certification from the National Board for Professional Teaching Standards under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person who:
(1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate;
(2) Has completed three years of teaching in Georgia public schools prior to receiving national certification; and

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(3)-Has not previously received state funds for participating in any certification area in the national certification program; and
(4)(3) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification
shall receive not less than a 5 10 percent rate increase in state salary. Such increase shall be awarded on the commencement of the school year following such national certification; provided, however, that, in the case of a person who has received such national certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible."
SECTION 37.
Said chapter is further amended in Subpart 2 of Part 6 of Article 6, relating to conditions of employment for certificated professional personnel under the "Quality Basic Education Act," by adding a new Code Section 20-2212.3 to read as follows:
"20-2-212.3.
(a) The State Board of Education shall identify schools and local school systems in the state where an insufficient supply of qualified teachers is available to deliver instruction in the fields of mathematics, science, special education, or foreign language, based on criteria defined by the State Board of Education, the Professional Standards Commission, and the Office of Education Accountability. Upon determination of shortages each year, the State Board of Education shall request funds sufficient to provide for salary increases not to exceed one additional step on the state salary schedule for which the teacher would otherwise have been entitled for positions contracted for in those locations and fields during the school year. Funding shall be based on the number of eligible positions identified for the previous school year, subject to appropriation by the General Assembly. Upon receiving three such salary increases, a teacher shall become ineligible for additional salary increases under this Code section.
(b) The criteria used for assessing whether or not an insufficient supply of qualified teachers is available and the data used in making the determination that a shortage exists shall be submitted by the Office of Education Accountability to the chairpersons of the Education Committees of the House of Representatives and the Senate no later than December 1 of each year."
SECTION 38.
Said chapter is further amended by striking in its entirety Code Section 20-2-214, relating to salary supplements under the "Quality Basic Education Act," which reads as follows:
"20-2-214.
The State Board of Education shall establish a schedule of salary supplements for administrators who have systemwide or school-wide responsibilities. Each salary supplement shall be based on the respective weighted full-time equivalent count of the school system or school, the responsibilities associated with the respective positions, and any other factors as may be specified by the state board. The state board shall have the authority to establish salary supplements for other public education positions as deemed necessary and appropriate. The amount of funds granted annually to a local school system shall be sufficient to pay such salary supplements, subject to appropriation by the General Assembly.",
and inserting in lieu thereof the following:
"20-2-214.

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The State Board of Education shall establish a salary schedule for school principals that includes a supplement amount for each principal. The amount of the supplement shall be based on the amount appropriated by the General Assembly for this purpose each year divided by the total weighted full-time equivalent count for the state. The amount for each principal shall be determined by multiplying the amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school. Local school systems shall pay this supplement to each local school principal in one separate payment each school year."
SECTION 39.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-218, relating to the duty-free lunch period for teachers employed in grades kindergarten through five under the "Quality Basic Education Act," and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every teacher who is employed in grades K kindergarten through 5 five for a period of time of more than onehalf of the class periods of the regular school day shall be provided a daily lunch period of not less than 30 consecutive minutes, and such employee shall not be assigned any responsibilities during this lunch period. Such lunch period shall be included in the number of hours worked, and no local board of education shall increase the number of hours to be worked by an employee as a result of such employee's being granted a lunch period under the provisions of this Code section. This duty-free lunch period shall not be calculated under any circumstances as a part of any daily planning period or other noninstructional time. The implementation of this duty-free lunch period shall be mandated to the extent that state financial support is provided to each school district for such purposes for the fiscal year 1992 only."
SECTION 40.
Said chapter is further amended by striking subsection (c) of Code Section 20-2-231, relating to the Georgia Education Leadership Academy, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The Georgia Education Leadership Academy shall use such approaches as are necessary to ensure the active participation of public school leadership personnel and their mastery and application of essential knowledge and skills. Such approaches shall include but are not limited to, conducting seminars and workshops, awarding academic or staff development credit, and providing on-site technical assistance. Local governing boards are authorized to reimburse such administrators for actual expenses which result directly from participating in this program. The State Board of Education shall provide a status report as to the effectiveness of this program pursuant to subsection (e) of Code Section 20-2-282."
SECTION 41.
Said chapter is further amended in Part 9 of Article 6, relating to grants for educational programs under the "Quality Basic Education Act," by adding at the end thereof a new Code section, to be designated as Code Section 20-2-258, to read as follows:
"20-2-258.
The State Board of Education shall request funds sufficient to provide grants to qualified public elementary and secondary schools and local school systems, subject to appropriation by the General Assembly. The purpose of such grants shall be to encourage grant recipients to develop and implement written compacts among teachers, parents, and students. Such compacts shall be entered into voluntarily and shall describe the commitments made by the student, the student's teacher, and the student's parents to improve and enhance the student's academic achievement. Grant recipients shall ensure that a compact is offered for each class in which a student is enrolled and that students and parents are invited to a conference with the teacher, within the first 30 days after enrollment, to discuss the terms of the compact. The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section."
SECTION 42.

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Said chapter is further amended in Part 9 of Article 6, relating to grants for educational programs under the "Quality Basic Education Act," by adding at the end thereof a new Code section, to be designated as Code Section 20-2-259, to read as follows:
"20-2-259.
The State Board of Education shall establish an extended day program for students in grades nine through 12. Subject to appropriation by the General Assembly, funding for extended day services shall be provided to local school systems through grants calculated as follows:
(1) Divide the salary amount for an administrator, as calculated on a ten-month basis, by the base size for the high school general education program (9-12); and
(2) Multiply the amount calculated in paragraph (1) of this Code section by the sum of the full-time equivalent program count for the high school general education program (9-12) and the vocational laboratory program (9-12).
Each year the state board shall request funds sufficient to provide for the development and supervision of an extended day program during the regular school year."
SECTION 43.
Said chapter is further amended in Code Section 20-2-260, relating to capital outlay funding under the "Quality Basic Education Act" by striking paragraph (12) of subsection (b) and subsections (c), (d), (e), and (n) and inserting in lieu thereof a new paragraph (12) of subsection (b) and new subsections (c), (d), (e), and (n) to read as follows:
"(12) 'Renovation' or 'modernization' or both refers to construction projects which consist of the initial installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations."
"(c) The State Board of Education shall adopt policies, guidelines, and standards, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' that meet the requirements specified in this Code section. The state board's responsibilities shall include the following:
(1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; designations for each instructional space in permanent and temporary buildings occupied by designated state approved instructional programs, federal programs, or local programs not required by the state; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annually review, certify the accuracy of, and approve each local school system's inventory;
(2) To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff

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shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal procedures for rejected surveys;
(3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional programs authorized by provisions of this article;
(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed;
(5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating statewide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; and shall reflect circumstances where rapid population growth is caused by factors not reflected in full-time equivalent student projection research; and shall give priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on fulltime equivalent student counts which include full-time equivalent nonresident students, whether or not such fulltime equivalent nonresident students attend school pursuant to a contract between local school systems. The fulltime equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;
(6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), (h), (i), (j), and (k.1) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, exceptional growth construction projects, and consolidation of schools across system lines are carried out;
(7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of

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the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission;
(8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources;
(9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education, providing that such revisions meet state and local building codes, fire marshal certification, architectural requirements, and minimum size requirements under subsection (q) of this Code section; and
(10) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of education facilities which are used as schools and that are historic landmarks and which were are registered as historic landmarks such on or before December 31, 1994, with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration and the expenditure of capital outlay funds otherwise available to a school system for such purposes.
(d) In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (g) and (h) of this Code section, each local school system must meet the following conditions and requirements:
(1) Prepare and annually update the real property inventory in accordance with provisions of subsection (c) of this Code section;
(2) Complete a local educational facilities plan in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (e) of this Code section. Each local school system shall specify the order of importance of all proposed construction projects, giving priority to elementary school construction projects. When two or more local school systems agree on the need for a consolidation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school systems and included with their identification of needs in accordance with the proportion of the number of students to be served from each local school system;
(3) Prepare and annually update the local educational facilities needs in accordance with provisions of subsection (c) of this Code section;
(4) Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds;
(5) Submit requests for capital outlay funds to the Department of Education;
(6) Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c) of this Code section;
(7) Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c) of this Code section;
(8) Provide required local participation; and
(9) The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board

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of Education shall not apply base size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section.
(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
(1) To provide construction projects needed because of increased student enrollment or exceptional growth or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites;
(2) To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments;
(3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;
(4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites;
(5) To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding purposes;
(6) To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed; and
(7) To provide construction projects to renovate or modernize facilities which are historic landmarks and are registered as such historic landmarks with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; provided, however, that local school boards shall be required to use the facility which is or is eligible to be a historic landmark as a public school; and provided, further, that facilities which are historic landmarks be used as public schools and be registered as historic landmarks on or before December 31, 1994. Notwithstanding any other provisions of this Code section and without regard to location or obsolescence, the state board shall allocate funds to renovate and modernize historic landmark facilities which meet the requirements of this paragraph in an amount which is the lesser of the cost of new construction to replace the historic landmark or the actual cost of such renovation and modernization; provided, however, that the renovated facility has an extended life comparable to that of a new facility; and provided, further, that the local school system shall provide the remaining necessary capital outlay funds to renovate the facility in accordance with all other requirements of this Code section. No lottery proceeds shall be appropriated from the Lottery for Education Account to fund any project or purpose authorized by this paragraph."
"(n) The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (j) of this Code section for each school system and project, giving priority to elementary school construction projects where practicable. For each project, the state board shall present to the Education and Appropriations committees of the House of Representatives and the Senate of the General Assembly by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees,

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new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required."
SECTION 44.
Said chapter is further amended in Part 11 of Article 6, relating to regional educational service agencies, by striking in its entirety Code Section 20-2-270, relating to the establishment of a state-wide network, and inserting in lieu thereof a new Code Section 20-2-270 to read as follows:
"20-2-270.
(a) The State Board of Education shall establish a state-wide network of regional educational service agencies for the purposes of: providing shared services designed to improve the effectiveness of educational programs and services to local school systems; providing instructional programs directly to selected public school students in the state; and providing Georgia Learning Resources System services. The regional educational service agencies established by the state board may legally be referred to as 'RESA' or 'RESA's.' The shared services to member local school systems shall include the following assistance:
(1)-Identifying or conducting research related to educational improvements and in planning for the implementation of such improvements;
(2)-Developing and implementing staff development programs;
(3)-Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum adopted by the state board;
(4)-Developing and implementing assessment and evaluation programs;
(5)-Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management; and
(6)-Developing programs, resource materials, and staff development services relating to instruction on alcohol and drug abuse.
The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272.
(b) Beginning July 1, 1996, the state board shall make the service areas for the Georgia Learning Resources System compatible with the service areas for the RESA's. The RESA's are designated as the fiscal agents for the agency of the Georgia Learning Resources System or a local board of education as identified by the State Board of Education through an annual contract to serve as fiscal agent for the Georgia Learning Resources System. All member and nonmember local school systems shall be provided the services of the Georgia Learning Resources System. The State Board of Education shall establish the service area of each regional educational service agency as a geographically defined area of the state. All local school systems, Department of Technical and Adult Education facilities and institutions, and University System of Georgia facilities and institutions that are located in the designated geographical area shall be members of that regional educational service agency.
(c) The Psychoeducational Network for severely emotionally disturbed students shall be continued in effect. The service areas of units of the Psychoeducational Network for severely emotionally disturbed students in place on January 1, 1995, shall be continued in effect. The fiscal agent for each service area shall be as in effect on January 1, 1995, unless changed as provided in this subsection. Upon the request of a majority of the local school superintendents of the local school systems within a service area, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall

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serve as the fiscal agent for the respective unit of the Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is designated as the fiscal agent for a service area, all member and nonmember local school systems shall be provided the services of the Psychoeducational Network. Every state supported postsecondary institution shall be an active member of a regional educational service agency.
(d) Each regional educational service agency and its employees shall be subject to or exempt from taxation in the same manner as are school systems and school system employees.
(e) All employees and volunteers of a regional educational service agency shall be immune from liability to the same extent as are employees and volunteers of a school system."
SECTION 45.
Said chapter is further amended in Part 11 of Article 6, relating to regional educational service agencies, by adding a new Code Section 20-2-270.1 to read as follows:
"20-2-270.1.
(a) Each regional educational service agency shall provide the following shared services to member local school systems:
(1) Identifying or conducting research related to educational improvements and in planning for the implementation of such improvements;
(2) Developing and implementing staff development programs with an emphasis on improving student achievement and school accountability;
(3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum adopted by the state board;
(4) Developing and implementing academic assessment and evaluation programs;
(5) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management;
(6) Developing programs, resource materials, and staff development services relating to instruction on alcohol and drug abuse; and
(7) Assistance in the development and implementation of a state-wide mentoring program.
The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272.
(b) The state board shall make the service areas for the Georgia Learning Resources System congruous with the service areas for the RESA's. The RESA's are designated as the fiscal agents for the agency of the Georgia Learning Resources System or a local board of education as identified by the State Board of Education through an annual contract to serve as fiscal agent for the Georgia Learning Resources System. All member local school systems shall be provided the services of the Georgia Learning Resources System.
(c) The Psychoeducational Network for severely emotionally disturbed students shall be continued in effect. The service areas of units of the Psychoeducational Network for severely emotionally disturbed students in place on January 1, 1995, shall be continued in effect. The fiscal agent for each service area shall be as in effect on January 1, 1995, unless changed as provided in this subsection. Upon the request of a majority of the local school superintendents of the local school systems within a service area, representatives of each of the local school systems

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in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall serve as the fiscal agent for the respective unit of the Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is designated as the fiscal agent for a service area, all member local school systems shall be provided the services of the Psychoeducational Network."
SECTION 46.
Said chapter is further amended by striking in its entirety Code Section 20-2-271, relating to the establishment of service areas for regional educational service agencies, which reads as follows:
"20-2-271.
(a) The State Board of Education shall establish the service area of each regional educational service agency as a single geographical area that contains the entire area of several local school systems. To the extent feasible and practical, all such service areas shall be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and any other factors specified by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas.
(b) Each local board of education of a local school system which elects not to be a member of the regional educational service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually."
and inserting in lieu thereof a new Code Section 20-2-271 to read as follows:
"20-2-271.
(a) Each regional educational service agency shall annually develop and submit to the Department of Education for approval, with a copy to the Education Coordinating Council, a regional plan for improvement of educational efficiency and cost effectiveness of its member institutions. Each plan must include the purposes and description of the services the regional educational service agency will provide to schools identified as low-performing based on the indicators adopted under Code Section 20-14-33 and to other schools.
(b) By July 1, 2002, each regional educational service agency shall introduce and provide core services for member local school systems and schools and provide core services for purchase by local school systems and schools which are not members of that regional educational service agency. These core services shall include the following:
(1) Training and assistance in teaching each subject area assessed under Code Section 20-2-281;
(2) Assistance specifically designed for any school that is rated academically failing under Code Section 20-14-33;
(3) Training and assistance to teachers, administrators, members of local boards of education, and members of local school councils on school-based decision making and control; and
(4) Assistance in complying with applicable state laws and rules of the State Board of Education and the Educational Coordinating Council.
Nothing in this Code section shall be construed to limit the freedom of a school system or school to purchase or refuse to purchase any core service from any regional educational service agency in this state.

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(c) As part of the assistance provided by a regional educational service agency under this Code section, each regional educational service agency shall provide for the establishment of instructional care teams. Upon determining that a school under its management and control is consistently underperforming or is otherwise educationally deficient, a local board of education may request through a regional educational service agency the appointment of an instructional care team for that school. The instructional care team shall consist of such number of persons with such experience as a principal, teacher, or other education personnel so as to best address the needs of the school. Such instructional care team shall conduct an investigation into such aspects of instruction at the school as requested by the local board, prepare a written evaluation of such aspects of the school, and make nonbinding recommendations to the local board regarding improvements at the school. Such investigations, evaluations, and recommendations shall focus on, but not be limited to, instruction in mathematics, science, reading and other English courses, and social studies. Instructional care teams may also provide long-term and short-term follow-up assistance, such as but not limited to instruction, instructional assistance, and professional and staff development. Each regional educational service agency shall develop a registry or listing of potential instructional care team members, together with their areas of expertise, who may be available to member or nonmember local school systems for service on instructional care teams. Each regional educational service agency shall promulgate rules and regulations for the purchase of the services of an instructional care team, provided that nothing in this Code section shall prevent regional educational service agencies from entering into cooperative arrangements for the mutual exchange of such services. Subject to appropriation by the General Assembly, regional educational service agencies may be provided grants for the purpose of facilitating the development and implementation of instructional care teams.
(d) Each regional educational service agency may provide any additional service and any assistance to its member systems, as determined by the board of control. Each regional educational service agency may offer any service and form of assistance provided for in this Code section for purchase by any local school system or school in this state.
(e) Pursuant to rules and regulations developed by the Professional Standards Commission, each regional educational service agency shall develop programs for nontraditional alternative routes to state teacher certification as an alternative to traditional educator preparation, with special consideration provided to critical field shortages in its regional teaching work force.
(f) Each regional educational service agency may acquire, lease, purchase, lease purchase, or dispose of real or personal property and may incur debts for those purposes, subject to the approval of such agency's board of control. Such property shall be held in the name of the regional educational service agency."
SECTION 47.
Said chapter is further amended by striking in its entirety Code Section 20-2-272, relating to regional educational service agency boards of control, and inserting in lieu thereof a new Code Section 20-2-272 to read as follows:
"20-2-272.
(a) Each regional educational service agency shall be governed by a board of control. The number of members and terms of office shall be prescribed by the State Board of Education; provided, however, that on On and after July 1, 1996 2000, the school superintendent of each member school system or his or her designee , the president or highest administrator of each member postsecondary institution, and a local public or regional library director appointed by the director of the Office of Public Library Services of the Board of Regents of the University System of Georgia shall serve as a member of the board of control. At least one-third of the membership of each board of control shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of control shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member local school systems. The state board shall also prescribe an equal number of local board members from each member local school system to participate in said caucus.
(b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local boards of education shall be applicable, when appropriate, to the regional educational service agencies and

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their boards of control unless explicitly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive, except as otherwise provided in this part. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board, for review and approval.
(c) The State Board of Education shall be responsible for assuring that the activities of each regional educational service agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superintendent shall report to the General Assembly, pursuant to subsection (d) of Code Section 20-2-282, the results of any comprehensive evaluations of regional educational service agencies, the status of each such agency, and the progress each nonstandard agency has made toward addressing identified deficiencies.
(d) Boards of control shall determine the assistance needed by local school systems in the area served by each regional educational service agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the progress and cost effectiveness and efficiency of such agencies by relating outputs to dollar inputs . Boards of control shall determine the procedures and activities by which each regional educational service agency achieves locally established objectives and shall establish job descriptions, personnel qualifications, and work schedules consistent with locally established priorities and objectives.
(e) In the event the State Board of Education adopts a policy to reorganize the service areas of regional educational service agencies pursuant to subsection (a) of Code Section 20-2-271 20-2-270 effective July 1 of a fiscal year, members of boards of control during the preceding fiscal year shall constitute planning boards for the respective service areas to be established the ensuing July 1. Each planning board shall have the authority to establish the location or locations of the office or offices of its regional educational service agency effective the ensuing July 1, to issue contracts with a director and other agency staff to be employed effective the ensuing fiscal year, to assess the needs of all potential member local school systems, to prepare operational plans and budgets for the ensuing fiscal year, to establish the manner by which the local share of the budget will be assessed to potential member local school systems, and to make any other such decisions that the state board deems necessary for an orderly transition of service areas for regional educational service agencies. Such decisions shall be adopted by these planning boards prior to December 15 of the fiscal year preceding the effective date for reorganization of the service areas, in order that each local school system will have the information needed to make an informed decision relative to membership in its respective regional educational service area pursuant to subsection (b) of Code Section 20-2-271 on or before January 15 of that fiscal year. Any such planning board shall be authorized to amend, prior to April 15 of that fiscal year, any such decisions which are necessary as the result of the actions of the General Assembly during its regular session during that fiscal year. In the event a planning board has amended one or more decisions pursuant to this provision, each local school system within the service area of such planning board shall be authorized to reverse its decision relative to membership for the ensuing fiscal year prior to May 15 of that fiscal year, pursuant to procedures specified in subsection (b) of Code Section 20-2-271."
SECTION 48.
Said chapter is further amended by striking subsection (b) of Code Section 20-2-273, relating to directors and staff of regional educational service agencies, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide the instructional and support services prescribed in Code Section 20-2-270 this part ."
SECTION 49.
Said chapter is further amended in Code Section 20-2-274, relating to state-wide and local program grants to regional educational service agencies, by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The state board shall be authorized to provide each regional educational service agency with a uniform statewide needs program grant and a documented local needs program grant, subject to appropriation by the General

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Assembly. The uniform state-wide needs program grant shall consist of two components: the same fixed amount for each regional educational service agency; and an amount which reflects the number of local school systems, the number of schools, the number of students, and the number of square miles contained collectively within its member local school systems. Each regional educational service agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to one-fourth of this grant. The uniform state-wide needs grant and its matching local funds shall be used to finance the basic administrative overhead of the regional educational service agencies and to provide the areas of assistance specified in subsection (a) of Code Section 20-2-270 Code Sections 20-2-270.1 and 20-2-271. The amount of funds granted to each regional educational service agency for the documented local needs program grant shall depend upon the proportion that the number of local school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems are of these respective factors state wide, as well as the adopted operational plan and the budget designed to address documented needs for assistance to member local school systems. Each regional educational service agency shall be required to match the documented local needs program grant with an amount of funds equal to two-thirds of that grant. The state board shall provide grants to regional educational service agencies for Georgia Learning Resources Systems or to a local school system contracted to be a fiscal agent for a Georgia Learning Resources System. Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of the uniform state-wide needs program and the documented local needs program; provided, however, that member local school systems shall not be allowed to use funds received under the provisions of this article for this purpose. The state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Resources System designated as the fiscal agent or to any local school system contracted to serve as the fiscal agent for a Georgia Learning Resource System as well as the grants authorized previously by this subsection. All other financing will be based on contracts to supply service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources."
SECTION 50.
Said chapter is further amended by striking and reserving in its entirety Code Section 20-2-280, relating to long-term strategic plans, which reads as follows:
"20-2-280.
The State Board of Education shall adopt a state-wide long-term strategic plan which is reflective of the educational programs and services and other public educational functions which need improvement state wide or in selected areas of the state and which contains the priorities and planned actions designed to address such needs. Each local school system shall develop and adopt a system-wide long-term strategic plan which is reflective of the priorities contained in the state-wide long-term strategic plan adopted by the state board and such needs for improving educational programs and services system wide or in specific schools as were identified through an in-depth selfstudy or an evaluation by the Department of Education pursuant to Code Section 20-2-282. Each long-term state and local strategic plan shall contain a description of assessed needs, a list of planned improvements of educational programs or services designed to address the assessed needs, a list of the goals for the programs or services to be improved, a list of objectives determined from these goals, a course of action for achieving the planned improvements including an implementation timetable, an evaluation system to determine if the objectives in the plan are being attained, and such other items as the state board may deem necessary. The state board shall prescribe the method by which such strategic plans shall be submitted and reviewed for approval. To the extent deemed reasonable and appropriate by the state board, this Code section shall apply to regional educational service agencies."
SECTION 51.
Said chapter is further amended by striking in its entirety Code Section 20-2-281, relating to the assessment of the effectiveness of educational programs under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-281 to read as follows:
"20-2-281.

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(a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally norm-referenced instruments in reading, mathematics, science, and social studies shall be administered to students in grades three, five, and eight. The State Board of Education shall review, revise, and upgrade the quality core curriculum. Following the adoption of this revised curriculum, the State Board of Education shall contract for development of criterion-referenced competency tests to measure the quality core curriculum and such tests shall be administered to students in three grades not lower than grade three. Such tests in English and language arts, mathematics, and reading shall be administered annually to students in grades one through eight, and such tests in science and social studies shall be administered annually to students in grades three through eight. This action shall be completed within two years according to a schedule established by the State Board of Education. A curriculum-based assessment shall be administered in grade 11 for graduation purposes. Writing assessments shall be administered to students in grades three, five, eight, and 11. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests.
(b) The nationally normed assessments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Criterion-referenced tests and the high school graduation test provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the individual student, classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and may participate in any other tests that will allow benchmarking this state's performance against national or international performance. The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. One of the components in both the comprehensive evaluation pursuant to Code Section 20-2-282 and the awarding of salary supplements as part of a pay for performance or related plan pursuant to Code Section 20-2-213 or other Code sections under this article may be assessments of student achievement.
(b.1) The State Board of Education shall notify local school systems and individual schools of the results of the assessment instruments administered under this Code section at the earliest possible date determined by the state board, but not later than the beginning of the subsequent school year.
(c) The State Board of Education shall have the authority to condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any disabled child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any disabled student who is lawfully assigned to a special education program and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.
(d)(1) The State Board of Education shall develop or adopt alternate assessments to be administered to each student receiving special education services pursuant to Code Section 20-2-152 who does not receive instruction in the essential knowledge and skills identified in the quality core curriculum developed pursuant to Code Section 20-2140 and for whom the assessment instruments adopted under subsection (a) of this Code section, even with allowable modifications, would not provide an appropriate measure of student achievement, as determined by the student's Individualized Education Program team. A student's Individualized Education Program may serve as an alternate assessment for that student. Students with alternate assessments shall not be counted for the state accountability purposes provided for in this article. (2) A student's Individualized Education Program team shall determine appropriate participation in assessment and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act.

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(e) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the student's Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act.
(f) Under rules adopted by the State Board of Education, the Department of Education shall release the questions and answer keys to each criterion-referenced competency test administered under subsection (a) of this Code section and each end-of-course test administered under subsection (e) of this Code section after the last time the instrument is administered for a school year. To ensure a valid bank of questions for use each year, the department is not required to release a question that is being field tested and was not used to compute the student's score on the instrument.
(g) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000.
(h) The Department of Education shall develop study guides for the criterion-referenced tests and end-of-course assessments administered pursuant to subsections (a) and (e) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administered under this Code section and to the parents or guardians of such students.
(i)(1) The high school graduation test provided for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developed and implemented, at which time the state board shall discontinue the test according to a schedule to be determined by the state board.
(2) The State Board of Education shall adopt rules regarding course exit requirements in regard to the implemented core subject end-of-course assessments before discontinuing the high school graduation test.
(3) Local boards of education shall have the option of allowing scores on end-of-course assessments to be counted as part of a student's grade in the course.
(j)(1) In addition to the assessment instruments adopted by the State Board of Education and administered by the Department of Education, a local school system may adopt and administer criterion-referenced or norm-referenced assessment instruments, or both, at any grade level. Such locally adopted assessment instruments may not replace the state's adopted assessment instruments for purposes of state accountability programs, except as otherwise provided in paragraph (2) of this subsection. A local school system shall be responsible for all costs and expenses incurred for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act.
(2) The State Board of Education shall have the authority to grant waivers until Fiscal Year 2003 to local boards of education exempting said boards from the administration of the state criterion-referenced competency tests at any or all of the subject areas and grade levels for which the local board of education implements a locally developed criterion-referenced competency test or tests based on the Quality Core Curriculum which increases the expectations for student achievement beyond that of the applicable state criterion-referenced competency test or tests and meets all other requirements of this Code section, including reliability and validity requirements, with the exception of subsection (f) of this Code section. Local boards of education with such waivers shall submit to the State Board of Education school and local school system score reports of the locally developed criterion-referenced competency tests.
(k) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential.

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(l) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g.
(m) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, and system.
(n) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board of Education, the Office of Education Accountability, and local school system. The information made available to the public shall not contain the names of individual students or teachers.
(d)-Subject to appropriations by the General Assembly, the State Board of Education, in addition to the assessment program provided for in subsection (a) of this Code section, shall provide each local school system funds to be used for additional assessment as deemed necessary and appropriate by the local school system. The additional funds shall be calculated based on the number of FTE student counts reported for the preceding school year.
(e)(o) Teachers in grades three one through 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students' academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."
SECTION 52.
Said chapter is further amended by striking in their entirety Code Section 20-2-282, relating to comprehensive evaluations of public schools, local systems, and regional educational service agencies, and Code Section 20-2-283, relating to corrective plans for nonstandard local units of elementary and secondary educational administration and elementary and secondary schools, which read as follows:
"20-2-282.
(a)(1) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years, except as provided in paragraph (4) of this subsection or subsection (e.1) of this Code section, concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units:
(A) The extent to which the strategic plan has been effectively implemented;
(B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented;
(C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria;
(D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics;
(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;

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(G) The accuracy of fiscal procedures as they apply to implementing the state board prescribed program accounting systems and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations;
(H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and
(I) Such other functions deemed necessary by the state board for a full and comprehensive evaluation of such units.
(2) Such comprehensive evaluations shall be conducted by certificated professional employees from other local units of administration, faculty members of colleges and universities, and citizens residing within the respective local units. The number and role of such individuals shall be prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall be authorized to require additional evaluations by the Department of Education.
(3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a summary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement; the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during regular business hours. Copies of the report or portions of the report shall be made available on request.
(4) Any school or school system that is accredited by the Southern Association of Colleges and Schools shall be exempt from the comprehensive evaluation required by paragraph (1) of this subsection. All such accreditation reports shall be kept on file with the Department of Education in lieu of the comprehensive evaluation, including any follow-up reports. Any such school or school system that is in a probationary status shall file all corrective plans, designed in conjunction with the accrediting agency, with the Department of Education. Any school or school system that shall lose accreditation will be subject to the comprehensive evaluation specified in paragraph (1) of this subsection.
(b) The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in subsection (a) of Code Section 20-2-271 and all employees of such regional offices shall be employees of the Department of Education.
(c) The State Board of Education shall designate public schools, local school systems, and regional educational service agencies which receive satisfactory comprehensive evaluations pursuant to subsection (a) of this Code section as 'standard.' The state board shall award certificates of acknowledgment for superior performance to all such units which receive superior comprehensive evaluations relative to units having comparable student bodies, shall provide such units, excluding the regional educational service agencies, with grants appropriated by the General Assembly for this purpose pursuant to the provisions for achievement grants in Code Section 20-2-253, and shall designate such units as 'exemplary.' The state board shall designate all such units which receive unsatisfactory comprehensive evaluations relative to comparable units as 'nonstandard.' The state board shall adopt such criteria as necessary to determine the status of each unit under the comprehensive evaluation process.
(d) Each local school system shall annually inform the citizens residing within its area and the State Superintendent of Schools concerning the collective achievement of enrolled students by school and system, costs of providing

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educational programs and services by system, and such other items as deemed necessary by the State Board of Education in the manner prescribed by the state board. The state board shall publish annual profiles of all public schools and local school systems in the state. A subcommittee of the task force established pursuant to subsection (a) of Code Section 20-2-320 made up of six members, one each representing the Governor's office, the House Research Office, the Senate Research Office, the Office of Planning and Budget, local school systems, and the Department of Education, shall recommend information to be included in the profiles. Such recommendations shall be submitted by the task force to the state board. Profiles shall include, but shall not be limited to, information on: student achievement, which may include information related to test results, failure rates, and achievement of special honors or awards; student outcomes, which may include dropout rates and numbers, postsecondary enrollment rates, and participation in developmental studies programs; demographic factors in the student body, public school, and local school system, which may include socioeconomic or other appropriate demographic variables; financial and budget statistics, which may include costs per student, expenditures by program, and public school and local school system percentages of federal, state, and local funding, and aggregate and average salary information; faculty, administration, and employees, which may include faculty and administrator qualifications, assignments, experience, and certification; and curriculum and program offerings, which may include information on enrollment in grades, grade levels, courses, schools, and programs. The state board shall publish the profiles in such a manner as to facilitate comparisons between demographically similar public schools and local school systems. The first profiles shall be published no later than December 31, 1989, and annually thereafter, subject to appropriation by the General Assembly for this purpose. Data used in the profiles shall be collected through the state-wide comprehensive educational information network established pursuant to Code Section 20-2-320; provided, however, that prior to completion of the network the state board shall have the authority to specify data items which are to be collected by other means. The state board shall ensure that this information is as accurate as possible. The task force subcommittee shall recommend data which are, at minimum, to be included in the profiles prior to completion of the network. In no event shall the state board require data to be collected for the sole purpose of the profiles created under this Code section prior to the completion of the state-wide comprehensive educational information network. The State School Superintendent shall also produce a state profile which shall be a summary of the local school system profiles and a comparison of demographically similar public schools and local school systems. All profiles shall be kept at the Department of Education and shall be available for public inspection during regular business hours. Copies of the profiles or portions thereof shall be made available by the Department of Education to the public on request, subject to payment of an appropriate fee to cover the expense of publishing and distributing the profiles. The state board shall provide free of charge to each local school system and each public school within the system a current copy of the state profile and the system's profile, including all school profiles within that system. A complete current set of the state profile and all school and system profiles shall be provided by the state board free of charge to each public library in the state, to the office of the Governor, and to the House and Senate research offices. Each local school system shall maintain a current copy of its system profile in the central office and in each school for public inspection and shall provide a copy of the profile to all news media organizations which publish or broadcast within its area. Each local school system shall also make copies of its school and system profiles available to the public on request, subject to payment of a fee similar to that charged by the Department of Education. Each public library shall make available for public inspection current copies of all school and system profiles.
(e) The State Board of Education shall report to the education committees of the House of Representatives and the Senate on a semiannual basis as to the progress made on the implementation of this article. The reports by the state board shall include any justification for problems with implementation of the Quality Basic Education Program, evaluation results, and any projected needs beyond base allocations which it anticipates will be requested through the appropriations process for local school systems to meet the intent of the General Assembly. The state board shall not include in any plan submitted to a federal agency any provision which commits future state funds beyond that which it normally receives annually through the Appropriations Act unless such plan also contains a provision which states that such initial and continuing commitment is contingent upon such funds being appropriated by the General Assembly.
(e.1) The state board shall, subject to the requirements of subparagraph (a)(1)(D) of this Code section, establish criteria for determining whether local schools significantly exceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 30 percent of a demographic group of comparable schools will be deemed to be significantly

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exceeding expectations in a given year and designated 'high-achieving exempt schools.' Schools designated as highachieving exempt schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(1)(B), (a)(1)(C), or (a)(1)(I) of this Code section, as long as the school maintains the designation 'high-achieving exempt school.' Schools and school systems which have had a standards review within the last four years will continue on the five-year cycle as mandated by law.
(f) The State Board of Education shall prescribe such policies, procedures, and instruments as are deemed necessary for the effective implementation of this Code section. Further, the state board shall revise state standards to the extent necessary to be consistent with this article. State standards shall be evaluated in terms of level of compliance or quality.
20-2-283.
(a) Each local unit of administration which is designated to be nonstandard or which operates one or more public schools so designated shall be required to submit to the State Board of Education for its approval a corrective plan designed to address all deficiencies identified pursuant to Code Section 20-2-282. Such a corrective plan shall include a description of the actions to be taken to correct each deficiency, a designation of the resources which will be applied to these actions, the date on which each action shall be initiated and completed, the evaluation procedures to be used to assess progress, the technical assistance needed to execute the corrective plan and anticipated sources of such assistance, and such other items deemed necessary by the state board for an effective corrective plan. It shall be the duty of regional educational service agencies to supply member local school systems and the Department of Education to supply to all local units of administration such technical assistance that they may need and request concerning the development and implementation of these corrective plans.
(b) The State Board of Education shall review at least once every six months the progress of each nonstandard local unit of administration in implementing its state board approved corrective plan. Such a review shall continue until the corrective plan has been fully implemented or the local unit has been redesignated by the state board as a standard or exemplary unit.
(c) The State Board of Education shall conduct a comprehensive evaluation pursuant to Code Section 20-2-282 of each local unit of administration which is designated by the state board as nonstandard. This evaluation shall be conducted within two years after the state board has approved its corrective plan.
(d) In the event the State Board of Education finds that any local unit of administration is making unsatisfactory progress relative to development or implementation of a corrective plan pursuant to this Code section, the state board shall be authorized to take one or a combination of the following actions:
(1) Increase the local fair share of a local school system pursuant to Code Section 20-2-164 or the local share of a regional educational service agency pursuant to Code Section 20-2-274 by an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of increased local funds shall be offset by a decrease in state funds in the same amount;
(2) Require that a local unit of administration raise from local revenue sources an amount deemed necessary by the state board to finance all resources and actions needed to correct identified deficiencies. Such an amount of local revenue shall be in excess of any local funds required to be raised by the local unit of administration under other provisions of this article. If such additional local revenue is not raised by the local unit of administration by a state board specified date, the state board shall have the authority to withhold state funds in accordance with Code Section 20-2-243; or
(3) File a civil action in the superior court of the county wherein a local school system or regional educational service agency office is located, requesting a determination of whether any member of the local board of education or the local school superintendent or any member of the regional educational service agency board of control or regional educational service agency director has by action or inaction prevented or delayed implementation of the corrective plan. If the court finds that any such official has prevented or delayed implementation intentionally, the court may issue an order requiring the official or officials to implement the corrective plan. The court shall have the power to appoint a trustee to ensure the order of the court is carried out. Any expenses or costs incurred by the

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trustee in carrying out duties assigned by the court shall be paid from funds otherwise used to pay for expenses incurred by board members. If the court finds that any such official is violating the order of the court, the court may remove the official and appoint a replacement until the vacancy can be filled as provided by law. The court shall have such powers as are necessary to carry out the provisions of this subsection."
SECTION 53.
Said chapter is further amended by striking in its entirety Code Section 20-2-284, relating to the Council for School Performance established under the "Quality Basic Education Act," which reads as follows:
"20-2-284.
(a) The General Assembly finds that a Council for School Performance would enhance the public's access to information concerning the performance of public schools and public school systems. Such information shall measure outcomes of the state's investment in each public school and each public school system. Such information shall also specifically describe how each public school and each public school system has utilized moneys derived from the Georgia Lottery for Education.
(b) As used in this Code section, the term 'council' means the Council for School Performance established in subsection (c) of this Code section.
(c) There is created and established a Council for School Performance composed of seven members. Six of the members shall be public members, four of whom shall be appointed by the Governor. One public member shall be appointed by the Speaker of the House of Representatives and one public member shall be appointed by the President of the Senate, neither of which members shall be a member of the General Assembly. The public members shall serve at the pleasure of the appointing authority. The State School Superintendent shall serve as the seventh member and shall have the same vote on the council as any other member.
(d) The Governor shall select a chairperson for the council from among the six public members. Four members shall constitute a quorum for the transaction of business. Members of the council shall receive no compensation for their services upon the council but shall be entitled to receive the travel allowance provided in Code Section 50-19-7 for their travel expenses when necessary in carrying out the duties of their office.
(e) The council shall not be a part of the Department of Education but shall be an independent entity attached to the Office of Planning and Budget for administrative purposes only, as set forth in Code Section 50-4-3. The council is authorized to enter into contracts to fulfill its duties under this Code section.
(f) The Department of Education shall cooperate fully with the council. Specifically, the Department of Education is directed to collect and provide to the council information regarding individual public schools and individual public school systems which the council deems necessary to discharge its duties under this Code section.
(g) The Council for School Performance shall issue an annual report no later than December 1 of each year, commencing December 1, 1994. The report shall be an impartial evaluation of the progress made by each public school and each public school system in meeting national, state, and local educational goals. The report shall include information concerning outcomes of the state's investment in each public school and each public school system as well as a description of how each public school and each public school system utilized moneys derived from the Georgia Lottery for Education. The report shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Copies of the report shall be provided to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and to the chairpersons of the Education Committees of the Georgia Senate and House of Representatives."
SECTION 54.
Said chapter is further amended by striking in its entirety Code Section 20-2-290, relating to the organization of schools under the "Quality Basic Education Act," and inserting in lieu thereof a new Code Section 20-2-290 to read as follows:

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"20-2-290.
(a) The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. However, the State Board of Education shall provide grants to local school systems that operate middle school programs in middle schools which meet the criteria and standards prescribed by the state board, subject to appropriation by the General Assembly. The amount of such grants shall be an additional 13 percent of all funds calculated for the Quality Basic Education Formula provided in Code Section 20-2-161 for students in grade levels six, seven, and eight who are counted in the full-time equivalent count for the middle grades program in state board approved middle school programs. Local school systems which have organized their schools in such a manner that facilities house grades six, seven, and eight or grades seven and eight shall qualify for the middle school grants program for students in grade levels so housed; provided, however, that each qualified middle school must provide each interdisciplinary team of academic teachers with common planning time of at least 85 minutes during the student instructional day and provided, further, that they meet all other criteria and standards prescribed by the state board. State board criteria and standards for middle school program eligibility for grants made pursuant to this Code section must provide that local school systems may include instruction in foreign language as an option for students who have scored at or above the sixtieth percentile on a nationally normed test of reading achievement administered within the previous or current school year as one of the language arts which are required to meet the eligibility requirements for such grants . A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section. Schools with students in the sixth grade shall not be eligible for the middle school grants program if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for the middle school grants program if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board.
(b) Beginning with the 2001-2002 school year, local boards of education shall schedule each middle school so as to provide a minimum of five hours of instruction in language arts, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe and an interdisciplinary team of academic teachers with common planning time of between 55 minutes and 85 minutes. Funds earned above the funding class size for the middle school program may be used by the local board of education to fund additional planning time above 55 minutes, provided that, for the 2000-2001 school year, such funds earned above the funding class size for the middle school program shall be expended in conjunction with state appropriation for such planning time to provide for not less than 85 minutes of planning time. Without limiting the choices, the local board shall have the authority to schedule exploratory and physical education classes for the remainder of the school day. For students not performing on grade level, as defined by the Office of Education Accountability, the additional time shall be designated for academic instruction to bring such students to grade level performance. For students performing at or above grade level, such additional time may be used to further advance the student or to instruct in other academic subjects such as foreign language. A student who is performing at or above grade level shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to available space. Until implementation of accountability standards by the Office of Education Accountability, for any middle school with a combined total of 65 percent scoring good or very good in the previous school year on the first administration of the state eighth grade writing assessment and at the sixty-fifth percentile or above on the Iowa Test of Basic Skills eighth grade composite score, the local board is authorized to allow for a school day of a minimum of four and one-half hours of academic instruction. After the implementation of the accountability standards by the Office of Education Accountability, for any middle school scoring an A or B on the absolute student achievement standard, the local board is authorized to allow for a school day of a minimum of four and one-half hours of academic instruction. Local school systems shall comply with this subsection in order to qualify for the middle grades program.
(c) If a local school system has a combination of qualified and nonqualified schools, it shall receive qualify for the middle school grant program only for those students counted in the full-time equivalent count for the middle grades school program in qualified middle schools."
SECTION 55.

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aid chapter is further amended in Code Section 20-2-292, relating to sparsity grants and salaries of certain school superintendents under the "Quality Basic Education Act," by striking in its entirety subsection (d), which reads as follows:
"(d) The beginning salaries of school superintendents in systems less than the base size specified in Code Section 20-2-181 shall be paid in the same amount as the amount determined for salaries of school superintendents for base size systems."
SECTION 56.
Said chapter is further amended in Part 13 of Article 6, relating to the organization of schools and systems under the "Quality Basic Education Act," by adding at the end thereof a new Code Section 20-2-294 to read as follows:
"20-2-294.
(a) It is the intent of the General Assembly that students receive academic instruction in permanent classrooms where possible and, further, that students be transported to schools that are within a reasonable distance from the student's place of residence. In order to allow for hardships imposed by inadequate classroom space and excessive distances, this Code section authorizes students to receive education services outside the school district in which they reside, subject to rules promulgated by the State Board of Education.
(b) The parent or guardian of a student enrolled in a public elementary or secondary school in this state may elect to request reassignment to a public school that is located within the school district in which the student resides other than the one to which the student has been assigned by the local board of education if the school to which the student has been assigned does not have available permanent classroom space in which the student can attend classes and a school within the district in which the student resides has permanent classroom space available. At any time during the school year in which a student is assigned to nonpermanent classroom facilities for instruction, the parent or guardian of a student may apply to the local board for reassignment.
(c) If the student's place of residence is located closer to a school other than the school assigned the student by the local board of education, regardless of the school district in which the closer school is located, and the distance or travel time to the school to which the student has been assigned is, in the determination of the State Board of Education, excessive, and the school which the student is applying to attend is the closest available public school offering a regular program to the student's residence and has available permanent classroom space, the State Board of Education may authorize the student to attend the closer school. State Quality Basic Education Program funds, including the local five mill share, allotted to the sending school system shall be reallotted to the receiving school system in an amount correlated to the number of transferred students. A request for reassignment shall be submitted in writing to the district offices of both the district in which the student resides and the district in which the student is requesting to attend school no later than seven days following the assignment of the student to a school and notification of assignment to the student's parent or guardian. Upon assignment of nonresident students, the school system that is providing services may elect to make application to the state for funds that represent the difference between the dollar amount per full-time equivalent student represented by the state program funds received and the total dollar amount per full-time equivalent student expended by the system for a similarly enrolled student; provided, however, that local transportation costs shall not be included in the amount requested. The Department of Education shall request funds in the midterm adjustment amount sufficient to provide for these costs after the amounts submitted have been adjusted to account for students moving between the same two school systems so as to subtract the base cost, represented as the lesser of the two local school system costs per full-time equivalent student amounts, from the greater amount.
(d) The responsibility for and cost of transporting the student to a school to which the student has been assigned under this Code section shall be that of the student. Nothing in this Code section shall be construed to interfere with desegregation plans in effect or any subsequent implementation thereof. Nothing in this Code section shall be construed to alter contractual relationships between two or more school systems."
SECTION 57.

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Said chapter is further amended by striking in its entirety Code Section 20-2-305, relating to county and regional libraries, and inserting in lieu thereof a new Code Section 20-2-305 to read as follows:
"20-2-305.
(a) The Department of Technical and Adult Education board of regents shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librarians, capital outlay for public library construction, and maintenance and operation. The amount for library books and materials shall be not less than 35_ per person. Funds for the purpose of paying the salaries of librarians allotted shall be in accordance with regulations established by the state board and the state minimum salary schedule for certificated professional personnel. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library requirements prescribed by the state board. All such funds shall be distributed directly to the regional or county library boards.
(b) The Department of Technical and Adult Education board of regents shall make adequate provisions for staff, supplies, services, and facilities to operate and maintain special media equipment to meet the library needs of the blind and disabled citizens of this state.
(c) The Department of Technical and Adult Education board of regents shall provide the staff, materials, equipment, and supplies to provide a book-lending and information service to all county and regional public libraries in the state and to coordinate interlibrary cooperation and interchange of materials and information among all types of libraries.
(d) The Department of Technical and Adult Education board of regents is authorized as the sole agency to receive federal funds allotted to this state for public libraries.
(e) The State Board of Technical and Adult Education board of regents shall adopt policies and regulations to implement this Code section.
(f) As used in this Code section, the term 'board of regents' means the Board of Regents of the University System of Georgia."
SECTION 58.
Said chapter is further amended by striking in its entirety Code Section 20-2-320, relating to a Quality Basic Education Program task force and the development of a state-wide comprehensive educational information network, which reads as follows:
"20-2-320.
(a) The Governor shall appoint a task force composed of representatives from the Department of Education, the Department of Technical and Adult Education, the office of the Governor, the Office of Planning and Budget, the Department of Audits, the Department of Administrative Services, local school systems, the Professional Standards Commission, the House Research Office, the Senate Research Office, and the Legislative Budget Office to identify the specific data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the various components of public education in Georgia. The task force is directed to identify any other data which will be required from local units of administration, public libraries, and area postsecondary vocational-technical schools for the implementation of this article and to design a state-wide comprehensive educational information network which will provide for the accurate and timely flow of information from these agencies to the state. The State Board of Education shall adopt an operational plan and data specifications for the network. Data shall include, at minimum, items specifically identified for profiles required pursuant to subsection (d) of Code Section 20-2-282. The task force shall adopt a statement recommending data which would, at minimum, be regularly collected for storage at the state network host facility and data which would be stored at local units of administration or at public schools. Data which are not normally stored by the network

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host shall be maintained in a manner which can be readily transmitted by electronic medium upon request from authorized educational agencies. The task force shall adopt a statement recommending the frequency by which each data component is transmitted. Such data shall be transmitted by electronic medium no later than the completion date of the network as provided in subsection (f) of this Code section.
(b) The State Board of Education shall develop and maintain an individual data record for each student enrolled in the public schools of the state. The State Board of Technical and Adult Education shall develop and maintain an individual data record for each student enrolled in the postsecondary vocational-technical schools of the state. The task force shall adopt a statement recommending the specific data to be included and recommending those elements of the individual student record which are to be normally stored at the state, local unit of administration, or school level. Specifications for adequate security of student data shall be recommended by the task force, and the State Board of Education and the State Board of Technical and Adult Education shall adopt and maintain systems of adequate security for individual student information. No student shall be identifiable by name in that portion of the record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a student's information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files.
(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Professional Standards Commission; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; and the educational policy and research components of the office of the Governor, the Office of Planning and Budget, the Legislative Budget Office, the House Research Office, and the Senate Research Office. Any information collected over the state-wide comprehensive educational information network, including individual student record and individual personnel record information retrieved by the Department of Education or Department of Technical and Adult Education, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the network but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. The task force shall develop and adopt recommendations for procedures by which live data files resident on the network host shall be copied to other files and regularly updated for use by authorized educational agencies. The Department of Education and the Department of Technical and Adult Education shall adopt and implement procedures and schedules for updating such user files and shall provide warning labels where necessary to indicate data which are incomplete or unverified for accuracy. The Department of Education and the Department of Technical and Adult Education shall adopt monitoring, editing, and verifying mechanisms necessary to assure the accuracy and completeness of data. Any information collected over the state-wide comprehensive educational information network which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations and Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies.
(d) The task force shall further develop specifications for hardware and software acquisition for administrative uses. Such specifications shall be followed by the State Board of Education, the State Board of Technical and Adult Education, local units of administration, public libraries, and area postsecondary vocational-technical schools. In local school systems, specific hardware and software shall be designated for use at the school level and shall be considered components of the fully completed network, subject to appropriation by the General Assembly for this purpose. It is declared to be the intent of this Code section that hardware and software used in the state-wide comprehensive educational information network comprise a level of uniformity sufficient to enable unimpeded flow of data. The state board shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the network, including any funding needed for hardware and software for the Department of Education, the Department of Technical and Adult Education, local units of administration, public schools, public libraries, and area postsecondary vocational-technical schools.
(e) The task force shall develop a timetable for implementation of the state-wide comprehensive educational information network and shall submit a report semiannually to the Governor and to the House and Senate Education and Appropriations committees detailing progress toward completion of the network. The task force shall also

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submit its timetable and notice of all formal actions and recommendations to the State Board of Education. The state board shall address all recommendations submitted by the task force. A separate complete report on progress toward completion of the network shall be submitted semiannually, prior to January 1 and July 1, to the Governor and to the House and Senate Education and Appropriations committees by the Department of Education. This report shall identify any differences between state board actions or policies and corresponding task force recommendations, shall provide an explanation for such differences, and shall explain any decision to take no action on a specific task force recommendation.
(f) The state-wide comprehensive educational information network shall be fully completed by July 1, 1991, subject to appropriation by the General Assembly for this purpose; provided, however, that the task force shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 1992. Only during the period prior to final completion of the network, the state board shall be authorized to specify data which may be transmitted by tape or disk from local school systems which are capable of providing required data in such formats. During the phased implementation of the network, highest priority shall be given to the electronic transmission of complete full-time equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system.
(g) Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Public Safety in a form to be agreed upon between the departments enrollment, attendance, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 405-22.",
and inserting in lieu thereof a new Code Section 20-2-320 to read as follows:
"20-2-320.
(a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department of Technical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Office of School Readiness, the Professional Standards Commission, the Office of Education Accountability, the State Data and Research Center at the Georgia Institute of Technology, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering committee shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering committee shall identify data that shall be required from local units of administration, public libraries, public colleges and universities through the Board of Regents of the University System of Georgia, pre-kindergarten programs, the Professional Standards Commission, and postsecondary technical colleges and schools for the implementation of this article. Further, the steering committee shall develop a design for a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this system. No student shall be identifiable by name in that portion of the pre-kindergarten through grade 12 record stored at the state level, and any identification number shall be encoded to prevent unauthorized use of a student's information; provided, however, that full-time equivalent student data collected pursuant to Code Section 20-2-160 shall be identifiable for audit purposes in separate files. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, the steering committee shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The State Data and Research Center, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly.

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(b) The State Board of Education, the Board of Technical and Adult Education, the Board of Regents of the University System of Georgia, and the Office of School Readiness shall require an individual student record for each student enrolled which at a minimum includes the data specifications recommended by the steering committee and approved by the Education Coordinating Council. The Professional Standards Commission shall maintain an individual data record for each certificated person employed in a public school.
(c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Office of School Readiness; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Education Coordinating Council; the Professional Standards Commission; the State Data and Research Center and units under contract to the State Data and Research Center; the Office of Education Accountability; the education policy and research components of the office of the Governor; the Office of Planning and Budget; the Legislative Budget Office; the House Research Office; and the Senate Research Office. Any information collected over the state-wide comprehensive educational information system, including individual student record and individual personnel records shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized education agency which would violate the privacy rights of any individual student or employee. Any information collected over the state-wide comprehensive educational information system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies.
(d) The State Data and Research Center through the Board of Regents of the University System of Georgia shall request sufficient funds annually for the development, operation, training of appropriate personnel, and maintenance of the system. The State Data and Research Center shall submit quarterly reports to the Education Coordinating Council that include budgetary data reflecting expenditures related to the state-wide comprehensive educational information system.
(e) The state-wide comprehensive educational information system shall be fully completed by July 1, 2003, subject to appropriation by the General Assembly for this purpose; provided, however, that the steering committee shall have the authority to specify components which, in its judgment, cannot be completed until July 1, 2004. During the phased implementation of the system, highest priority shall be given to the electronic transmission of complete fulltime equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system. All pre-kindergarten programs, local units of administration for grades kindergarten through 12, technical schools and colleges, public libraries, public colleges and universities, and regional educational service agencies shall provide data to the State Data and Research Center as required by their respective boards and agencies. Notwithstanding any provision of this Code section to the contrary, no local school system shall earn funds under Code Section 20-2-186 for superintendents, assistant superintendents, or principals if the local unit of administration fails to comply with the provisions of this Code section.
(f) Notwithstanding any other provision of law, the State Data and Research Center is authorized to and shall obtain and provide to the Department of Public Safety, in a form to be agreed upon between the State Data and Research Center and the Department of Public Safety, enrollment, attendance, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22."
SECTION 59.
Said chapter is further amended in Article 7, relating to additional state aid, by striking the designation of the reserved Code Sections 20-2-330 through 20-2-333 and Code Section 20-2-334 as Part 1.
SECTION 60.

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Said chapter is further amended by repealing in its entirety Part 2 of Article 7, relating to additional state aid to school districts where parents live or work on state property, which reads as follows:
"Part 2
20-2-350.
For any school district wherein 3 percent or more of the children in average daily attendance have parents or guardians who live or work full time on state-owned property, the State Board of Education shall, within the first 90 days of each fiscal year, make an allotment out of the funds appropriated for educational purposes in an amount and under the formula provided for in this article.
20-2-351.
In any such school district, it shall be the duty of the local school superintendent, within 30 days prior to the end of each fiscal year, to submit the following information to the State Board of Education:
(1) The total number of children attending the public schools, including elementary grades and high school grades, within the school district. Such total number of children shall be based on the average daily attendance of such schools;
(2) The total number of children attending such public schools whose parent or guardian lives or works full time on property owned by the state. Such total number shall be based on the average daily attendance at such school; and
(3) The total amount of taxes and appropriations received and to be received by the school district from the county or other local agencies for educational purposes for the current fiscal year.
20-2-352.
The State Board of Education shall determine an average per pupil amount by dividing the total as determined by paragraph (3) of Code Section 20-2-351 by the total as determined by paragraph (1) of Code Section 20-2-351.
20-2-353.
The State Board of Education shall, after making the determination as required by Code Section 20-2-352, make an allotment to the school district for which such determination was made in an amount equal to 50 percent of the amount determined by multiplying the amount determined by Code Section 20-2-352 by the amount determined by paragraph (2) of Code Section 20-2-351.
20-2-354.
The information required by Code Section 20-2-351 may be verified by the State Board of Education. In the event the state board determines that the information is not accurate, the funds allotted by this article shall be increased or decreased as found by its determination; and in the event the funds allotted by this article have been paid to the school district involved, the state board shall, if its determination should show an overpayment, deduct the overpayment from any allotment made to the school district involved from any funds allotted to the school district from state appropriations.
20-2-355.
The funds appropriated by virtue of this article shall be in addition to any and all other funds or appropriations allotted to the school districts for educational purposes, and the funds or appropriations allotted by this article shall in no way be construed as to reduce any other funds or appropriations for which the school districts may be entitled by virtue of any existing or future law; provided, however, if the annual income of the state for any fiscal year shall

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fail to be sufficient to pay fully the entire appropriations made by the appropriations Act, the funds appropriated by this article shall be reduced in a proportionate ratio to all other funds appropriated by the General Assembly.
20-2-356.
The State Board of Education shall have the power and authority to make such rules and regulations and to require such additional information as may be necessary for the proper administration of this article."
SECTION 61.
Said chapter is further amended by repealing in its entirety Part 3 of Article 7, relating to additional state aid to local school systems to compensate for loss of revenue from financial institutions, which reads as follows:
"Part 3
20-2-360.
The General Assembly recognizes that there exist serious areas of concern with respect to the method of taxation of financial institutions by the State of Georgia and that legislation to address these areas of concern may be enacted at the 1983 session or a future session of the General Assembly. The General Assembly further recognizes that if such legislation is enacted it may deprive local school systems of a revenue source and may provide an additional source of state revenue. The General Assembly therefore declares that the purpose of this part is to authorize a program of grants of state funds to local school systems, for which program state funds may be appropriated to alleviate financial burdens which may be imposed upon local school systems by any legislation affecting taxation of financial institutions.
20-2-361.
(a) There may be allotted annually to each local school system in the state for educational purposes, in addition to funds provided pursuant to other laws, certain grants as provided in this part.
(b) In any year in which the General Assembly shall appropriate funds for grants to local school systems by lineitem appropriation and with reference to this part, such grants shall be allotted to each school system pro rata according to the difference between the amount of revenue which will be derived during that year by the school system from the taxation of financial institutions under the law in effect for that year and the amount of revenue which would have been derived during that year by the school system if the method of taxation of financial institutions in effect on January 1, 1983, were still in effect.
(c) No funds shall be appropriated for purposes of this part unless legislation is enacted which changes the method of taxation of financial institutions in effect on January 1, 1983.
20-2-362.
In any year in which funds are appropriated for purposes of this part, the State Board of Education shall determine what percentage of the total appropriation shall be allotted to each local school system under subsection (b) of Code Section 20-2-361. The state revenue commissioner shall provide to the State Board of Education any technical assistance necessary for purposes of determining such allotments."
SECTION 62.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-690.1, relating to mandatory education for children between ages seven and 16, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their seventh sixth and sixteenth birthdays shall enroll and send such child or children to a public

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school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the 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 63.
Said chapter is further amended by striking subsection (a) of Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers, reporting, and record keeping, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information network system pursuant to subsection (b) of Code Section 20-2-320 and for the annual profiles pursuant to subsection (d) of Code Section 20-2-282."
SECTION 64.
Said chapter is further amended in Code Section 20-2-735, relating to the adoption of policies to improve the student learning environment by local boards of education, by striking subsection (f) and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individual oriented in-school suspension programs or alternative educational settings rather than to suspend or expel such students from school."
SECTION 65.
Said chapter is further amended in Code Section 20-2-738, relating to the authority of a teacher over the classroom and procedures following the removal of a student from a classroom, by striking subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(1) If a placement review committee decides to return a student to a class from which he or she was removed, the principal or the principal's designee shall implement such decision of the placement review committee. In addition, the principal or the principal's designee may, consistent with any applicable procedural requirements of the Constitutions of the United States and this state and after considering the use of any appropriate student support services, take any of the following actions which are authorized as a response to the alleged violation of the student code of conduct by local board policies adopted pursuant to Code Section 20-2-735:
(A) Place the student in in-school suspension an alternative education program;

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(B) Impose out-of-school suspension for not more than ten school days, including any time during which the student was subject to out-of-school suspension after his or her removal from class pursuant to subsection (b) of this Code section; or
(C) Make another disciplinary decision or recommendation consistent with local board policy.
(2) If a placement review committee decides not to return a student to a class from which he or she was removed, the principal or the principal's designee shall implement such decision of the placement review committee. In addition, the principal or the principal's designee shall determine an appropriate placement for the student and may take action to discipline the student, in a manner consistent with any applicable procedural requirements of the Constitutions of the United States and this state and after considering the use of any appropriate student support services, as follows, provided that the placement or disciplinary action is authorized as a response to the alleged violation of the student code of conduct by local board policies adopted pursuant to Code Section 20-2-735:
(A) Place the student into another appropriate classroom, in-school suspension, or an alternative education program; ' (B) Impose out-of-school suspension for not more than ten school days, including any time during which the student was subject to out-of-school suspension after his or her removal from class pursuant to subsection (b) of this Code section;
(C) Make another placement or disciplinary decision or recommendation consistent with local board policy; or
(D) Implement or recommend any appropriate combination of the above and return the student to the class from which he or she was removed upon the completion of any disciplinary or placement action taken pursuant to this paragraph."
SECTION 66.
Said chapter is further amended in Code Section 20-2-768, relating to the expulsion or suspension of students for felonies, by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individually oriented in-school suspension programs or alternative educational settings rather than to suspend or expel such students from school."
SECTION 67.
Said chapter is further amended in Subpart 3 of Part 2 of Article 16, relating to chronic disciplinary problem students, by striking in their entirety Code Sections 20-2-765 and 20-2-766 and inserting in lieu thereof new Code Sections 20-2-765 and 20-2-766 to read as follows:
"20-2-765.
Any time a teacher or principal identifies a student as a chronic disciplinary problem student, the principal shall notify by telephone call and by either certified mail with return receipt requested, by or first-class mail, or by telephone call the student's parent or guardian of the disciplinary problem, invite such parent or guardian to observe the student in a classroom situation, and request at least one parent or guardian to attend a conference with the principal or the teacher or both to devise a disciplinary and behavioral correction plan.
20-2-766.
Before any chronic disciplinary problem student is permitted to return from an expulsion or suspension, the school to which the student is to be readmitted shall request by telephone call and by either certified mail with return receipt requested, by or first-class mail, or by telephone call at least one parent or guardian to schedule and attend a conference with the principal or his or her designee to devise a disciplinary and behavioral correction plan. Failure of the parent or guardian to attend shall not preclude the student from being readmitted to the school. At the

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discretion of the principal, a teacher, counselor, or other person may attend the conference. The principal shall ensure that a notation of the conference is placed in the student's permanent file."
SECTION 68.
Said chapter is further amended in Subpart 3 of Part 2 of Article 16, relating to chronic disciplinary problem students, by adding a new Code section, to be designated as Code Section 20-2-766.1, to read as follows:
"20-2-766.1.
The local board of education may, by petition to the juvenile court, proceed against a parent or guardian as provided in this Code section. If the court finds that the parent or guardian has willfully and unreasonably failed to attend a conference requested by a principal pursuant to Code Section 20-2-765 or 20-2-766, the court may order the parent or guardian to attend such a conference, order the parent or guardian to participate in such programs or such treatment as the court deems appropriate to improve the student's behavior, or both. After notice and opportunity for hearing, the court may impose a fine, not to exceed $500.00, on a parent or guardian who willfully disobeys an order of the court entered under this Code section. The court may use its contempt and other powers specified in Code Section 15-11-62 to enforce any order entered under this Code section."
SECTION 69.
Said chapter is further amended by striking in its entirety Code Section 20-2-769, relating to alternative education programs for elementary and secondary students, which reads as follows:
"20-2-769.
(a) The State Board of Education shall provide grants to local school systems for use in alternative education programs to serve students in grades 6-12 who violate student codes of conduct adopted by local boards of education. These alternative education programs shall provide the individualized instruction, intervention strategies, and transition to other education programs these students need to become successful students and good citizens.
(b) Local boards of education shall establish either individually or in collaboration with another school system or systems an alternative education program for the purpose of providing a separate educational program for students who violate student codes of conduct and shall apply for grants to be distributed pursuant to this Code section.
(c) The alternative education program shall provide a learning environment that includes the objectives of the quality core curriculum, and the instructional program shall enable students to make the transition back to a regular school program. Course credit shall be earned in the alternative education program in the same manner as in other education programs.
(d) The state board shall establish criteria and procedures for alternative education program grants. The amount of funds granted to any local school system shall be based upon the estimated number of students in grades 6-12 who are likely to be enrolled in the alternative education program based on eligibility criteria, consistent with this Code section, to be established by the state board.
(e) Annual progress reports for each alternative education program must be filed with the State Board of Education. These reports shall include, at a minimum, a statement of:
(1) The process by which the educational and behavioral program for each student has been determined, including preparation of disciplinary and behavioral correction plans for chronic disciplinary problem students;
(2) The process through which the educational progress of each student has been evaluated and a summary report of the results of these evaluations;

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(3) The process by which students have been returned to the regular school program and a summary report of the total number of students served and the enrollment or program completion status of each student upon withdrawal from the alternative education program; and
(4) The average daily membership and the average daily attendance records for the program.
(f) In order to be eligible to receive state funding pursuant to Code Sections 20-2-161 and 20-2-260, each local board of education shall comply with the requirements of this Code section. Nothing in this Code section shall be construed to limit the authority of a local board of education to establish or operate an alternative education program different from or in addition to the program prescribed in this Code section; provided, however, that no state funds distributed pursuant to this Code section shall be expended to operate an alternative education program which does not meet the requirements of this Code section."
SECTION 70.
Said chapter is further amended in Part 3 of Article 16, relating to the health of students, by adding a new Code section 20-2-771.1 to read as follows:
"20-2-771.1.
Each local board of education shall establish procedures to provide for the voluntary preenrollment of children at two years of age. Such procedures shall include a requirement that the parent or guardian of the child submit to the local board or to a school within the local school system a certificate of immunization which indicates compliance with age specific immunizations as provided in Code Section 20-2-771."
SECTION 71.
Said chapter is further amended in Part 3 of Article 16, relating to the health of students, by adding a new Code Section 20-2-771.2 to read as follows:
"20-2-771.2.
Each local board of education shall establish policies and procedures regarding a school health nurse program. Such school health nurse programs shall be staffed by licensed health care professionals. Each local board of education may contract or consult with health professionals knowledgeable in children's health issues to establish the standards, policies, and procedures of a school health nurse program. Such standards, policies, and procedures shall be in accordance with the restrictions set forth in Code Section 20-2-773."
SECTION 72.
Said chapter is further amended in Code Section 20-2-942, relating to the procedure for nonrenewal after acceptance by a teacher of a school year contract for a fourth consecutive school year, by adding at the end thereof a new subsection, to be designated as subsection (d), to read as follows:
"(d) A person who first becomes a teacher on or after July 1, 2000, shall not acquire any rights under this Code section to continued employment with respect to any position as a teacher. A teacher who had acquired any rights to continued employment under this Code section prior to July 1, 2000, shall retain such rights."
SECTION 73.
Said chapter is further amended in Article 27, relating to loitering at or disrupting schools, by striking in its entirety Code Section 20-2-1183, relating to a prohibition against electronic pagers, and inserting in lieu thereof a new Code Section 20-2-1183 to read as follows:
"20-2-1183.

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(a) No area, county, or independent local board of education shall permit any pupil to carry a pocket pager or electronic communication device in school except for health or other unusual reasons approved by the board of education.
(b) Any student found in violation of the provisions of this Code section shall be subject to in-school suspension placement in an alternative education program."
SECTION 74.
Said chapter is further amended in Code Section 20-2-2064, relating to the approval or denial of a petition to establish a charter school, by adding at the end thereof a new subsection (d) to read as follows:
"(d)(1) The state board may grant a state charter for a special school as authorized by Article VIII, Section V, Paragraph VII of the Constitution. When a petition submitted by a charter petitioner for a charter school has been denied by a local board of education, the state board may grant such a charter if:
(A) With respect to a petition submitted by a local school, such petition has been agreed to on a secret ballot by a majority of the faculty and instructional staff of the petitioning local school, at a meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the state board;
(B) With respect to a petition submitted by a local school, such petition has been agreed to by a majority of the parents or guardians of students enrolled at the petitioning local school present at a public meeting called with two weeks' advance notice for the purpose of deciding whether to submit the petition to the state board; and
(C) With respect to a petition submitted by any charter petitioner, the state board finds that such petition meets the requirements set forth in Code Section 20-2-2063 and is in the public interest with respect to the applicability to the proposed charter school of the provisions of this title and applicable state rules, regulations, policies, and procedures.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, the state board shall not grant a charter to a home study program or school, sectarian or religious school, private for profit school, private educational institution not established, operated, or governed by the State of Georgia, or an existing private school.
(3) The state board may require a local referendum of the qualified voters in all of the systems affected by a charter granted pursuant to this subsection. Such referendum shall be held at the next regularly scheduled general election or as otherwise authorized by the county or counties in which the school system is located. Such referendum shall be held for the purpose of deciding whether the local board of education shall use local bonded indebtedness and school tax levies to support such charter school and the ballot question shall be approved by the State Board of Education."
SECTION 75.
Said chapter is further amended in Code Section 20-2-2065, relating to requirements for operating and control and management of charter schools, by adding a new subsection (a.1) to read as follows:
"(a.1) A charter school shall be subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such provisions shall apply with respect to charter schools whose charters are granted or renewed on or after July 1, 2000."
SECTION 76.
Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended in Part 1 of Article 2, relating to the board of regents, by adding at the end thereof a new Code Section 20-3-39 to read as follows:
"20-3-39.

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(a) Effective July 1, 2000, the board of regents shall carry out all the functions and exercise all of the powers formerly held by the Department of Technical and Adult Education for the operation and management of public library services and public libraries. Subject to subsection (b) of this Code section, all persons employed by and positions authorized for the Department of Technical and Adult Education to perform these functions on June 30, 2000, shall, on July 1, 2000, be transferred to the board of regents. All office equipment, furniture, and other assets in possession of the Department of Technical and Adult Education which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the board of regents on July 1, 2000.
(b) All transfers of employees and assets provided for in subsection (a) of this Code section shall be subject to the approval of the board of regents, and such personnel or assets shall not be transferred if the board of regents determines that a specific employee or asset should remain with the transferring agency.
(c) Employees who are transferred to the board of regents pursuant to this Code section shall be subject to the employment practices and policies of the board on and after July 1, 2000, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Merit System of Personnel Administration and who are transferred to the board of regents shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2000, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2000. Accrued annual and sick leave possessed by said employees on June 30, 2000, shall be retained by said employees as employees of the board.
(d) Funding for functions and positions transferred to the board of regents under this Code section shall be transferred as provided in Code Section 45-12-90.
(e) The board of regents shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Technical and Adult Education, where applicable, which are in effect on June 30, 2000, and which relate to the functions transferred to the board. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the board of regents."
SECTION 77.
Said chapter is further amended in Code Section 20-3-519.2, relating to eligibility requirements for a HOPE scholarship at a public postsecondary institution, by striking subsections (d) and (e) and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at a public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education;
(2) Meet achievement standards by meeting the following criteria:
(A) Meeting all achievement standards for HOPE eligibility in his or her junior year;
(B) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and
(C)(B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and

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(3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree.
(e) A student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible student who regains a cumulative grade point average of at least 3.0 at the end of the a quarter or semester in which the student has attempted 90 quarter hours or 135 quarter hours or 60 semester hours or 90 semester hours may requalify for a HOPE scholarship."
SECTION 78.
Said chapter is further amended in Code Section 20-3-519.5, relating to eligibility requirements for a HOPE grant at a branch of the Georgia Department of Technical and Adult Education, by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An eligible student may receive HOPE grants for all course work required by the institution for two programs of study leading to a certificate or diploma, including remedial or developmental studies. Such a student may change his or her program of study twice."
SECTION 79.
Said chapter is further amended in Code Section 20-3-519.7, relating to eligibility for a PROMISE teacher's scholarship, by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) To be eligible for a PROMISE teacher's scholarship, a student seeking a bachelor's degree in teacher education shall:
(1) Be admitted, enrolled, and classified as an a full-time or part-time undergraduate student in a matriculated status at an eligible postsecondary institution maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled;
(2) For a student in the junior year, have earned a minimum overall cumulative 3.6 3.2 grade average in a postsecondary institution at the beginning of the first term for which scholarship aid is requested and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled;
(3) For a student in the senior year, have received the PROMISE teacher's scholarship in his or her junior year, and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled;
(4) Be accepted for enrollment into an approved teacher education program in Georgia leading to initial certification; and
(5) Not yet have obtained a baccalaureate degree; and
(6) (5) Agree to teach in a public school in Georgia at the preschool, elementary, middle, or secondary level for one academic year for each $1,500.00 in PROMISE teacher scholarship funds awarded and sign a promissory note that stipulates the cash repayment obligation incurred if the teaching service is not fulfilled."
SECTION 80.
Said chapter is further amended in Part 7 of Article 7, relating to HOPE Scholarships and Grants, by striking in its entirety Code Section 20-3-519.10, relating to the application of HOPE scholarships and HOPE grants, and inserting in lieu thereof a new Code Section 20-3-519.10 to read as follows:

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"20-3-519.10.
A HOPE scholarship and a HOPE grant may be applied only to tuition, and mandatory fees, not covered by any Pell grant or other federal grant and book costs ."
SECTION 81.
Said chapter is further amended in Part 7 of Article 7, relating to HOPE scholarships and grants, by adding at the end thereof a new Code Section 20-3-519.12 to read as follows:
"20-3-519.12.
(a) As used in this Code section, the terms 'paraprofessional' and 'instructional aide' shall have the same meaning as provided in Code Section 20-2-204.
(b) To be eligible for a PROMISE II teacher's scholarship, a student seeking a bachelor's degree in teacher education shall:
(1) Meet residency requirements by:
(A) In the case of a student attending a unit of the University System of Georgia, meeting the requirements to be eligible for in-state tuition under the policy set by the board of regents; or
(B) In the case of a student attending an eligible private postsecondary institution, being classified as a legal resident of Georgia for the purposes of a tuition equalization grant;
(2) Be employed in a public school in Georgia as a paraprofessional or instructional aide and have been employed in a public school in Georgia as a paraprofessional or instructional aide throughout the 1999-2000 school year;
(3) Be accepted for enrollment into an approved teacher education program in Georgia leading to initial certification;
(4) Not yet have obtained a baccalaureate degree; and
(5) Agree to teach in a public school in Georgia at the preschool, elementary, middle, or secondary level for one academic year for each 30 semester or 45 quarter hours completed using PROMISE II scholarship funds and sign a promissory note that stipulates the cash repayment obligation incurred if the teaching service is not fulfilled.
(c) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a PROMISE II teacher's scholarship shall not exceed the cost of tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester for a student enrolled in a unit of the University System of Georgia and shall not exceed $3,000.00 for a student attending an eligible private postsecondary institution.
(d) A PROMISE II teacher's scholarship may be applied toward no more than 30 semester or 45 quarter hours of study.
(e) For students eligible for a PROMISE II teacher's scholarship under this Code section, no minimum number of hours of enrollment is required."
SECTION 82.
Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational, technical, and adult education, is amended in Code Section 20-4-10, relating to the membership and officers of the State Board of

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Technical and Adult Education, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is established a State Board of Technical and Adult Education consisting of not fewer than one member from each congressional district and five nine at-large members who shall be appointed by the Governor and confirmed by the Senate for five-year terms. Board members in office on June 30, 1989 2000, shall serve out the remainder of their respective terms. Upon expiration of those terms, the Governor shall appoint five seven successors to two-year terms, five six successors to three-year terms, and five six successors to five-year terms. All subsequent appointments shall be for regular five-year terms. Members shall represent business, industry, or economic development. The board shall elect from its members a chairperson, vice chairperson, and such other officers as are considered necessary, each to serve for two-year terms. Officers may be elected to succeed themselves. Members shall serve until their successors are appointed; however, in the event of a vacancy on the board because of death, resignation, or removal for any reason other than expiration of a member's term, the Governor shall fill such vacancy in the same manner as the original appointment and the person so appointed shall serve for the unexpired term of office."
SECTION 83.
Said chapter is further amended in Code Section 20-4-11, relating to the powers of the State Board of Technical and Adult Education, by striking paragraphs (8) and (9) and inserting in lieu thereof new paragraphs (8) through (11) to read as follows:
"(8) Establish a plan whereby employees of the Department of Technical and Adult Education may, through payroll deductions, make voluntary contributions to the Georgia Fund for Technical and Adult Education, Inc., provided that such plan shall:
(A) Be consistent with the requirements of subsection (b) of Code Section 45-20-53, Code Section 45-20-54, Code Section 45-20-55, and Code Section 45-20-56; and
(B) Not interfere with the right of employees of the Department of Technical and Adult Education to make voluntary contributions to other charitable organizations pursuant to the provisions of Article 3 of Chapter 20 of Title 45; and
(9) Prescribe criteria, policies, and standards deemed necessary for the effective implementation of a program financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing teachers the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the statewide distance learning network. Such program shall include the expenditure of funds appropriated for such purpose to defray the costs associated with repairing and maintaining advanced electronic instructional technology. ;
(10) Approve a request by a postsecondary technical school or institution governed under this chapter to be named a technical college upon the approval and granting of occupational degree-granting status by the State Board of Technical and Adult Education and upon receiving accreditation by the Commission on Colleges of the Southern Association of Schools, the Council on Occupational Education, or any other appropriate accrediting agency approved by the United States Secretary of Education. The use of the name technical college shall not alter the governance of the technical school or institution as established under this chapter nor shall it abridge the authority of the Board of Regents of the University System of Georgia under the Constitution of this state; and
(11) Submit an annual request for funding to the Office of Planning and Budget as prescribed in Code Sections 4512-78 and 45-12-79. Such submission shall reflect a request for funds pursuant to an enrollment driven formula that reflects funds for direct instructional costs to include salaries and instructional supplies and equipment, funds for indirect support, maintenance and operation, staff and professional development, and media services. Such funding shall be subject to appropriation by the General Assembly."
SECTION 84.

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Said chapter is further amended by repealing in its entirety Code Section 20-4-14.1, relating to the transfer of public library functions and powers from the State Board of Education and the Department of Education to the Department of Technical and Adult Education, which reads as follows:
"20-4-14.1.
(a) Effective July 1, 1996, the Department of Technical and Adult Education shall carry out all the functions and exercise all of the powers formerly held by the State Board of Education and the Department of Education for the operation and management of public library services and public libraries. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Education to perform these functions on June 30, 1996, shall, on July 1, 1996, be transferred to the Department of Technical and Adult Education. All office equipment, furniture, and other assets in possession of the Department of Education which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Department of Technical and Adult Education on July 1, 1996.
(b) All transfers of employees and assets provided for in subsection (a) of this Code section shall be subject to the approval of the commissioner of technical and adult education, and such personnel or assets shall not be transferred if the commissioner determines that a specific employee or asset should remain with the transferring agency.
(c) Persons who have transferred to the Department of Technical and Adult Education pursuant to subsection (a) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service.
(d) Persons who are transferred to the Department of Technical and Adult Education pursuant to subsection (a) of this Code section who are members of the Employees' Retirement System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 can elect to continue membership in the same retirement system in which such person already is a member in accordance with applicable laws, rules, and regulations. All rights, credits, and funds in any such retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Technical and Adult Education, or otherwise held by persons at the time of employment with the Department of Technical and Adult Education, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Department of Technical and Adult Education, unless such persons fail to elect to continue membership in the same retirement system in which such persons already are members. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Department of Technical and Adult Education. Except as provided in this subsection, no employment benefit of any employee transferring to the Department of Technical and Adult Education shall be impaired.
(e) Newly hired employees of the Department of Technical and Adult Education who perform duties previously performed by the Department of Education in accordance with this Code section shall become members in a retirement system as provided in Code Section 20-4-25 or 20-4-26.
(f) Funding for functions and positions transferred to the Department of Technical and Adult Education under this Code section shall be transferred as provided in Code Section 45-12-90.
(g) The Department of Technical and Adult Education shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Education, where applicable, which are in effect on June 30, 1996, and which relate to the functions transferred to the department. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the State Board or Department of Technical and Adult Education."
SECTION 85.

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Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to libraries, is amended by striking in its entirety Article 1, relating to state public library activities, and inserting in lieu thereof a new Article 1 to read as follows:
"ARTICLE 1
20-5-1.
It is declared to be the policy of the state, as a part of the provisions for public education, to promote the establishment of public library service throughout the state.
20-5-1.1.
As used in this article, the term 'board of regents' means the Board of Regents of the University System of Georgia.
20-5-2.
(a) The Department of Technical and Adult Education board of regents shall give aid, advice, and counsel to all libraries and to communities which may propose to establish libraries as to the best means of establishing and administering them, the selection of books, cataloging, and other details of library management and shall exercise supervision over all public libraries and endeavor to improve libraries already established. The Department of Technical and Adult Education board of regents may also conduct a book-lending and information service for the benefit of the citizens of the state, free of cost except postage. The Department of Technical and Adult Education board of regents is also authorized to purchase books, periodicals, and other instructional materials for such purposes. The Department of Technical and Adult Education board of regents may also employ necessary professional and clerical staff to carry on the work as stated in this Code section and may pay their necessary traveling expenses while engaged in such work.
(b) The Department of Technical and Adult Education board of regents shall have authority to accept gifts of books, money, or other property from any public or private source, including the federal government and shall have authority to perform any and all functions necessary to carry out the intention and purposes of this article.
(c) The State Library Commission is abolished, and the functions and services exercised and performed by it shall be exercised and performed by the Department of Technical and Adult Education board of regents.
(d) The collection of books, periodicals, documents, and other library materials held by the Department of Technical and Adult Education board of regents is designated as the State Library.
(e) Each department and institution within the executive branch of state government shall make a report to the director of the University of Georgia Libraries on or before December 1 of each year containing a list by title of all public documents published or issued by such department or institution during the preceding state fiscal year. The report shall also contain a statement noting the frequency of publication of each such public document. The director of the University of Georgia Libraries may disseminate copies of the lists, or such parts thereof, in such form as the director of University of Georgia Libraries, in his or her discretion, deems shall best serve the public interest. For purposes of this article, 'public documents' shall mean the books, magazines, journals, pamphlets, reports, bulletins, and other publications of any agency, department, board, bureau, commission, or other institution of the executive branch of state government but specifically shall not include the reports of the Supreme Court and the Court of Appeals, the journals of the House and the Senate, or the session laws enacted by the General Assembly and shall not include forms published by any agency, department, board, bureau, commission, or other institution of the executive branch of state government.
(f) Each department and institution within the executive branch of state government shall submit to the director of the University of Georgia Libraries at least five copies of each of the public documents which such departments and institutions publish, within one month of its date of publication, unless the director of the University of Georgia Libraries requests additional copies of any such public documents, up to a maximum of 60 copies, in which case the number of copies requested shall be submitted.

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(g) The Governor and all of the officers who are or may be required to make reports to the General Assembly shall furnish the director of the University of Georgia Libraries with at least five copies of each of such reports and additional copies upon request of the director of the University of Georgia Libraries.
(h) The Department of Administrative Services, the Georgia Correctional Industries Administration, the Board of Regents of the University System of Georgia, and any other agency of state government which prints public documents shall furnish to the director of the University of Georgia Libraries on a monthly basis a record of all public documents which have been printed or scheduled for printing by that agency during the preceding month.
(i) The director of the University of Georgia Libraries shall have the authority to supply copies of public documents to any state institution, public library, or public school in this state or to any other institution of learning which maintains a library, if such copies are available. Such copies may be furnished for a reasonable cost or free of charge or for the cost of postage or shipping, as the director of the University of Georgia Libraries deems appropriate.
(j) The director of the University of Georgia Libraries shall have the authority to act as the exchange agent of this state for the purpose of a regular exchange between this state and other states of public documents. The several state departments and institutions are required to deposit with the director of the University of Georgia Libraries for that purpose up to 50 copies of each of their public documents, as may be specified by the director of the University of Georgia Libraries.
(k) The director of the University of Georgia Libraries may transfer books and other library holdings to the Department of Archives and History, the Board of Regents of the University System of Georgia, the State Law Library, or other public libraries. Books and other library holdings which are obsolete, defective, worn out, or surplus, or otherwise in the discretion of the director of the University of Georgia Libraries are not required, may be sold, destroyed, or otherwise disposed of by the director of the University of Georgia Libraries, without the need to comply with the provisions of Article 5 of Chapter 13 of Title 45 relating to the disposition of surplus state books.
(l) The director of the University of Georgia Libraries shall have the authority to employ the necessary personnel, including documents librarians and other professional personnel, to carry out the powers and duties set forth in this Code section.
20-5-3.
In order to effectuate the purposes of this article there shall be made available to the Department of Technical and Adult Education board of regents whatever funds may be duly allocated to it by the proper authority, either by specific appropriation or otherwise as now provided by law, and the Department of Technical and Adult Education board of regents shall be authorized to disburse such funds to public libraries serving persons of all ages through legally constituted municipal library boards or to the other legally constituted local library boards as may now or hereafter be established by law. The Department of Technical and Adult Education board of regents shall use such funds for the purpose of aiding and supplementing the establishment and development of public library services.
20-5-4.
All public libraries in the state shall submit reports annually to the Department of Technical and Adult Education board of regents."
SECTION 86.
Said chapter is further amended by striking in its entirety Code Section 20-5-45, relating to directors of county and regional public library systems and their duties and responsibilities, and inserting in lieu thereof a new Code Section 20-5-45 to read as follows:
"20-5-45.

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Every public library system shall have a director. Any person appointed as director of a public library system must hold at least a Grade 5(b) Librarian's Professional Graduate Certificate, as defined by the State Board for the Certification of Librarians; provided, however, that any person who was serving as acting director of a public library system as of July 1, 1984, shall be authorized to continue to serve as director. The director shall be appointed by the board of trustees and shall be the administrative head of the library system under the direction and review of the board. The director of a library system shall have duties and responsibilities which include but are not limited to the following:
(1) To recommend for employment or termination other staff members, as necessary, in compliance with applicable laws and the availability of funds and to employ or terminate other staff members if so authorized by the library board;
(2) To attend all meetings called by the Office of Public Library Services of the Department of Technical and Adult Education Board of Regents of the University System of Georgia or send a substitute authorized by the division director;
(3) To prepare any local, state, or federal annual budgets;
(4) To notify the board of trustees and the Office of Public Library Services of the Department of Technical and Adult Education Board of Regents of the University System of Georgia of any failure to comply with:
(A) Policies of the board;
(B) Criteria for state aid;
(C) State and federal rules and regulations; and
(D) All applicable local, state, or federal laws;
(5) To administer the total library program, including all affiliated libraries, in accordance with policies adopted by the system board of trustees; and
(6) To attend all meetings of the system board of trustees and affiliated boards of trustees or to designate a person to attend in his or her place."
SECTION 87.
Said chapter is further amended in Code Section 20-5-47, relating to written constitutions of county and regional public libraries, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) All current constitutions and bylaws must be on file in the Office of Public Library Services of the Department of Technical and Adult Education Board of Regents of the University System of Georgia, and all amendments must be filed with the division immediately upon adoption."
SECTION 88.
Said chapter is further amended by striking in its entirety Code Section 20-5-48, relating to the ownership of county and regional public library property, and inserting in lieu thereof a new Code Section 20-5-48 to read as follows:
"20-5-48.
(a) A clear title in fee simple to an approved site on which a library facility is to be located shall be held by either the library board of trustees or the county or municipality. Title to property used for library purposes shall be vested in the library board of trustees or in that local agency which makes the major financial contribution toward construction costs. Notwithstanding any provision in this part to the contrary, any facility, the title to which

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currently is held by a nonprofit organization and which is now being operated by a public library board of trustees, may continue to be operated by that library board of trustees if the operation of that facility by the board of trustees meets the standards of the Office of Public Library Services of the Department of Technical and Adult Education Board of Regents of the University System of Georgia; and the title to that facility may remain in the hands of that nonprofit organization. When the composition of a library system is changed or when the library system is dissolved and the title is vested in the library board of trustees, the Office of Public Library Services of the Department of Technical and Adult Education Board of Regents of the University System of Georgia shall serve as mediator in determining ownership of property.
(b) Other property including, but not limited to, equipment and materials that were purchased with state, federal, or contract funds coming through the system budget shall be owned by the system board of trustees and shall be placed or transferred where it is most useful. Upon dissolution or significant structural change within the system, such property shall be divided on a pro rata basis according to the proportion of financial costs of property borne by the involved parties. The library system board of trustees shall furnish the financial and statistical information considered by the parties attempting to reach agreement. If the parties are unable to reach a mutually agreeable solution, the final decision of property ownership shall be made by the Office of Public Library Services of the Department of Technical and Adult Education Board of Regents of the University System of Georgia or its designee."
SECTION 89.
Said chapter is further amended in Code Section 20-5-51, relating to the dissolution of or withdrawal from a county or regional library system, by striking in its entirety subsection (e) and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) If the system's constitution and bylaws or participating agreement fails to describe a notice period for expulsion, the proper notice shall be sent not less than six months prior to the end of the state fiscal year. This notice must be sent to the chairperson of the county board of trustees, all funding agencies party to the participating agreement, the system library director, and the Office of Public Library Services of the Department of Technical and Adult Education Board of Regents of the University System of Georgia."
SECTION 90.
Said chapter is further amended in Article 3, relating to an interstate library compact, by striking in its entirety Code Section 20-5-60, relating to the definition of "state library agency," and inserting in lieu thereof a new Code Section 20-5-60 to read as follows:
"20-5-60.
As used in the Interstate Library Compact, 'state library agency,' with reference to this state, means the Public Library Service Office of the Department of Technical and Adult Education of Georgia Office of Public Library Services of the Board of Regents of the University System of Georgia."
SECTION 91.
Said chapter is further amended in Article 3, relating to an interstate library compact, by striking in its entirety Code Section 20-5-64, relating to the appointment a compact administrator and deputy administrators, and inserting in lieu thereof a new Code Section 20-5-64 to read as follows:
"20-5-64.
The State School Superintendent board of regents shall appoint an officer of this state to be the compact administrator pursuant to Article X of the compact. The State School Superintendent board of regents shall also appoint one or more deputy compact administrators pursuant to such article."
SECTION 92.

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Said chapter is further amended in Article 3, relating to an interstate library compact, by striking in its entirety Code Section 20-5-65, relating to notices of withdrawal from the compact, and inserting in lieu thereof a new Code Section 20-5-65 to read as follows:
"20-5-65.
In the event of withdrawal from the compact, the State School Superintendent board of regents shall send and receive any notices required by Article XI(b) of the compact."
SECTION 93.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end thereof a new chapter, to be designated as Chapter 14, to read as follows:
"CHAPTER 14
ARTICLE 1
20-14-1.
The General Assembly finds in regard to the creation of an Education Coordinating Council that said council should:
(1) Provide a forum for interagency communication regarding educational policy and programs;
(2) Provide for the effective and efficient coordination and seamlessness of public education programs and components within the education system of Georgia;
(3) Prevent unnecessary duplication of services within the education system of Georgia; and
(4) Oversee and review all education accountability programs from pre-kindergarten through postsecondary education in Georgia.
20-14-2.
There is created an education council to be known as the 'Education Coordinating Council' or 'council' and as used in this chapter, the term 'council' shall mean the Education Coordinating Council.
20-14-3.
(a) The council shall consist of the Governor, the State School Superintendent, the chairperson of the State Board of Education, the chancellor of the University System of Georgia, the chairperson of the Board of Regents of the University System of Georgia, the commissioner of the Department of Technical and Adult Education, the chairperson of the State Board of Technical and Adult Education, the executive secretary of the Professional Standards Commission, the chairperson of the Professional Standards Commission, and the director of the Office of School Readiness.
(b) The Governor shall be the chairperson of the council. A vice chairperson and a secretary shall be selected by the members of the council as prescribed in the council's bylaws.
(c) Meetings of the council shall be held quarterly, or more frequently, on the call of the chairperson. Meetings of the council shall be held with no less than five days public notice for regular meetings and with such notice as the bylaws may prescribe for special meetings. Each member shall be given written notice of all meetings. All meetings of the council shall be subject to the provisions of Chapter 14 of Title 50. Minutes or transcripts shall be kept of all meetings of the council and shall include a record of the votes of each member, specifying the yea or

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nay vote or absence of each member, on all questions and matters coming before the council. No member may abstain from a vote other than for reasons constituting disqualification to the satisfaction of a majority of a quorum of the council on a recorded vote. No member of the council shall be represented by a delegate or agent.
20-14-4.
(a) Except as otherwise provided in this part, a majority of the members of the council then in office shall constitute a quorum for the transaction of business. No vacancy on the council shall impair the right of the quorum to exercise the powers and perform the duties of the council. The vote of a majority of the members of the council present at the time of the vote, if a quorum is present at such time, shall be the act of the council unless the vote of a greater number is required by law or by the bylaws of the council.
(b) The chairperson may designate from among the members of the council one or more committees, each consisting of two or more members of the council, which shall have and exercise such authority as the council may delegate to it under such procedures as the council may provide by resolution establishing such committee or committees.
20-14-5.
The council shall issue an annual report. Copies shall be distributed to each member of the General Assembly not later than the first Monday in December of every year, commencing December 2001. The report shall include:
(1) A summary of the council's activities, findings, recommendations, and decisions over the past year; and
(2) Such other matters as the council shall determine to include.
20-14-6.
All departments, boards, and offices represented on the council, the Office of Planning and Budget, and the Office of Education Accountability shall select and appoint such personnel as each such department, board, or office shall determine to be necessary to support the council in the performance of its duties, with the approval of the council. Such personnel shall serve at the direction of the council. Payment for all costs and salaries of such personnel shall come from funds appropriated to the respective departments, boards, and offices.
20-14-7.
The council shall have the following powers:
(1) To have a seal and alter the same at its pleasure;
(2) To adopt bylaws for its internal government and procedures;
(3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the council or to further the public purpose for which the council is created;
(4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof or from the state or any agency or instrumentality thereof or from any other source for any or all of the purposes specified in this article and to comply, subject to the provisions of this article, with the terms and conditions thereof;
(5) To fix and collect fees and charges for data, information, and incidental services furnished by it to any private individual or entity;
(6) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; and

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(7) To promulgate rules and regulations for the purposes and pursuant to the powers enumerated in this article.
20-14-8.
The council shall have the following general powers and duties, in addition to any and all other powers enumerated in this article, any or all of which may be exercised by the council directly or by the Office of Education Accountability under the direction and supervision of the council:
(1) To foster coordination and cooperation among the chief officers of the departments, boards, and offices represented on the council;
(2) To develop a seamless and integrated public education system;
(3) To require the shared and efficient expenditures for and utilization of facilities, personnel, and other resources;
(4) To require the seamless coordination of curriculum among the departments, boards, and offices represented on the council;
(5) To require reasonable ease of transition for students among the educational institutions represented on the council;
(6) To establish and require high and necessary levels of student achievement at all levels of education;
(7) To exercise oversight of accountability systems that are within or among the departments, boards, and offices represented on the council and develop overlay accountability systems through the Office of Education Accountability;
(8) To exercise supervision and oversight over the Office of Education Accountability created in Part 2 of Article 2 of this chapter;
(9) To coordinate the activities of state, regional, and local cooperative public education agencies, offices, or councils, including, but not limited to, the state's regional educational service agencies or other such groups that may be created in addition or in their place;
(10) To ensure the availability and quality of the education work force through preparation, professional development, and nontraditional routes to employment;
(11) To oversee the development and implementation of a comprehensive system-wide education student information system that will support the implementation of an education accountability system and improve the seamless operation of public education;
(12) To simplify rules and regulations by all departments, boards, and office represented on the council;
(13) To develop a state-wide mentoring program that enhances student achievement at all levels of public education;
(14) To establish and coordinate a school safety collaborative with representation from agencies and organizations designated by the council to improve the school climate and enhance school safety; and
(15) To mediate disputes among the Department of Education, the University System of Georgia, the Department of Technical and Adult Education, the Professional Standards Commission, the Office of School Readiness, and the Office of Education Accountability in matters regarding accountability or education system seamlessness.
20-14-9.

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All state departments, agencies, boards, bureaus, commissions, and authorities are authorized and required to make available to the council access to records or data which are available in electronic format or, if electronic format is unavailable, in whatever format is available. The judicial and legislative branches are authorized to likewise provide such access to the council.
20-14-10.
Any decision or action by the council directing action by any department, board, or office represented on the council shall be placed on the agenda of the next regularly scheduled meeting of the governing body of the affected department, board, or office for immediate action. The action taken by the affected department, board, or office shall be reported to the council at the next regularly scheduled meeting of the council.
20-14-11.
(a) The Governor, as chairperson of the council, may appoint such study commissions as he or she shall deem appropriate to the purposes of this chapter to study education questions, issue findings, and make recommendations to the council. Such study commissions shall be composed of such number of residents of Georgia, with recognized interest or expertise in the field of education, as the Governor deems advisable and shall include the appointment of members of the House of Representatives, in consultation with the Speaker of the House, and members of the Senate, in consultation with the President of the Senate. The findings and recommendations of such commissions shall also be reported to the Governor, all members of the General Assembly, and the public.
(b) Staff to such commissions shall be provided in the same manner as staff to the council is provided under this article. Expenses related to such personnel shall be attributed to their respective office or agency, and expenses for other commission members shall be paid through funds appropriated to the office of the Governor or in the case of members of the General Assembly through funds appropriated to the House of Representatives and the Senate.
ARTICLE 2
Part 1
20-14-20.
As used in this article, the term:
(1) 'Board of regents' means the Board of Regents of the University System of Georgia.
(2) 'Council' means the Education Coordinating Council created in Article 1 of this chapter.
(3) 'Director' means the director of the Office of Education Accountability.
(4) 'Early intervention program' means the program established under Code Section 20-2-153.
(5) 'Office' means the Office of Education Accountability.
Part 2
20-14-25.
(a) There is created the Office of Education Accountability.
(b) The chief administrative and executive officer of the office shall be the director, who shall be appointed by the Governor with the advice and consent of the Senate. Subject to the general policy established by the Education Coordinating Council, the director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office as provided by law. The director shall receive a salary to be determined by the Governor.

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(c) The director shall have the authority to employ all personnel of the office, subject to the provisions of this part and all applicable provisions of other laws governing public employment.
(d) The office may adopt a seal for its use and shall be authorized to enter into contracts to fulfill its duties under this article.
(e) The office shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Office of Planning and Budget.
20-14-26.
(a) The office shall have the following powers and duties:
(1) To develop accountability systems with components that include but are not limited to expectations of student achievement, measurement of student achievement, data bases of such measurements, analysis of such data for trends in achievement, interventions, awards, the intended and efficient expenditure of allotted education funds, and public awareness of all such components;
(2) To create, develop, and recommend to the departments, boards, and offices represented on the council such additions, deletions, changes, or other modifications that will improve accountability systems that exist or may be created within or among the departments, boards, and offices represented on the council;
(3) To audit and inspect or cause to be audited or inspected for the purpose of verification, research, analysis, reporting, or for other purposes related to the performance of its powers and duties as provided in this article and for the purposes of auditing pre-kindergarten, elementary, middle grades, and secondary education, postsecondary education, and education work force programs and schools, local school systems, institutes, colleges, universities, regional educational service agencies, and other public education programs and entities as defined by the council;
(4) To assist the council in the development of a state-wide education student information system;
(5) To serve as staff to the council; and
(6) To exercise the powers and discharge duties of the council, as set forth in Code Section 20-14-8, under the supervision and oversight of the council.
(b) The member agencies of the council and other departments, boards, and offices of this state shall cooperate fully with the office and shall provide the office with all information that the council deems necessary for the office to discharge its accountability duties under this article regarding the education programs and units governed by such member agencies or other departments, boards, or offices.
20-14-27.
(a) The office shall submit the following reports to the council:
(1) An annual report regarding pre-kindergarten education shall be submitted no later than December 1 of each year, commencing December 1, 2002. The pre-kindergarten report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all pre-kindergarten and child care programs under the administrative control of the Office of School Readiness. The pre-kindergarten report shall include information concerning results of the state's investment in each pre-kindergarten program;
(2) An annual report regarding elementary and secondary education shall be submitted no later than December 1 of each year, commencing December 1, 2001. The elementary and secondary education report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all elementary and secondary education programs administered by the Department of Education. The elementary and

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secondary education report shall include information concerning results of the state's investment in each public school and each public school system;
(3) An annual report regarding postsecondary education shall be submitted no later than December 1 of each year, commencing December 1, 2002. The postsecondary education report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for all universities, colleges, institutes, and schools in the University System of Georgia and under the governance of the Department of Technical and Adult Education. The postsecondary education report shall include information concerning results of the state's investment in each university, college, institute, and school; and
(4) An annual report regarding the Georgia education work force shall be submitted no later than December 1 of each year, commencing December 1, 2002. The Georgia education work force report shall be an evaluation of the progress made on performance indicators identified and defined by the office and approved by the council for the education work force status under the administrative control of the Professional Standards Commission. The Georgia education work force report shall contain information on the results of the state's investments in teacher preparation, educators' professional development, education leadership development, in-field teaching, geographic teacher shortages, alternative routes to teacher certification, and other general information and indicators on the quality of the education work force.
(b) Each report provided for in this Code section shall be published in a format that can be easily understood by parents and other members of the community who are not professional educators. Such reports shall be distributed to the Governor, Lieutenant Governor, the Speaker of the House of Representatives, the chairpersons of the Education and Higher Education committees of the Senate and House of Representatives, members of the General Assembly, members of the state education governing boards or commissions, and members of the council. In addition, such reports shall be posted on the website of the office.
Part 3
20-14-30.
The office shall create and implement, with the approval of the council, a state-wide grades kindergarten through 12 accountability assessment program that is performance based to ensure school accountability for the goals of improved student achievement and improved school completion.
20-14-31.
Except as otherwise provided in this article, the office shall establish the level of performance considered to be satisfactory on each assessment instrument administered under Code Section 20-2-281 by establishing the standard that should be achieved by students in each subject area at each grade level. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
20-14-32.
The office's state education accountability analysis and reporting program shall obtain nationally comparative results and benchmarks for the subject areas and grade levels for which criterion-referenced and nationally normed reference assessment instruments are adopted, compare Georgia results to such results, and include the findings in the reports required of the office.
20-14-33.
(a) The office shall adopt and biennially review and revise as necessary, indicators of the quality of learning by students in an individual school.

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(b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to ethnicity, sex, disability, language proficiency, and socioeconomic status and must include:
(1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area;
(2) Dropout rates for each school;
(3) Student attendance rates for each school;
(4) School completion rates for each school;
(5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instrument until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281;
(6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule;
(7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281;
(8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects;
(9) The results of the Scholastic Assessment Test or the ACT Assessment;
(10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281;
(11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and
(12) Any other indicator the office recommends, the council approves, and the State Board of Education adopts.
(c) Performance on the indicator shall be compared to state standards, progress on improved student achievement, and comparable performance. The state standard shall be established by the office as provided in Code Section 2014-31. Required improvement is defined as the progress necessary for the school or local school system to meet state standards and for its students to meet exit requirements as defined by the office pursuant to Code Section 2014-31. Comparable improvement is derived by measuring schools and local school systems against a profile developed from a total state student performance data base which exhibits substantial equivalence to the characteristics of students served by the school or system, including past academic performance, socioeconomic status, ethnicity, sex, disability, mobility, and language proficiency. Data and information regarding the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(d) The office shall establish individual school ratings for each school in this state for annual academic performance on the assessment instruments required under Code Section 20-2-281, with:
(1) A school grade of A, B, C, D, or F on the established absolute student achievement standard;
(2) A school grade of A, B, C, D, or F for the school on the progress on improved student achievement; and
(3) A school performance status on other school performance indicators as defined in subsection (b) of this Code section.
(e) Annually, the office shall define exemplary, acceptable, and unacceptable performance for each academic excellence indicator included under paragraphs (2) through (12) of subsection (b) of this Code section and shall project the standards for each of those levels of performance for succeeding years. Data and information regarding

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the establishment of the standard shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(f) Each school system shall provide all student performance data and all other student school completion and attendance data to the Department of Education's educational information system in accordance with rules and timelines established by the office.
(g) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of Education's educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall cooperate with the office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(h) The office shall develop, the council shall approve, and the State Board of Education shall adopt a uniform definition of a 'below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for purposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27.
(i) The office shall annually review the performance of each school on the indicators identified in subsection (b) of this Code section and determine whether a change in the school rating status of the school is warranted.
20-14-34.
(a) Each school year, the office shall prepare and distribute to each school system a report card for each school in the State of Georgia. The school report cards must be based on the most current data available disaggregated by student groups. School performance must be compared to:
(1) Previous school and local school system performance;
(2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; and
(3) Comparable school group performance.
This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of funding, awards, and interventions.
(b) The report card shall include the following information, where applicable:
(1) The individual school grades as defined in subsection (d) of Code Section 20-14-33;
(2) The academic excellence indicators identified in paragraphs (2) through (12) of subsection (b) of Code Section 20-14-33;
(3) Teacher-student ratios; and
(4) Administrative and instructional costs per student and other financial accounting information as may be required.
(c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student performance and school completion results of each school in the state and a rating for each school based on the definitions as provided in subsection (d) of Code Section 20-14-33.

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(d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school report card to any other party. These reports shall be posted on a website at both the state and local school system level.
20-14-35.
(a) The office may:
(1) Conduct on-site audits of any school at any time, subject to the approval of the director;
(2) Raise or lower any performance rating as a result of the audit; and
(3) Review school fund accounting information and records to determine effective and efficient expenditure of state funds as allocated.
(b) The director shall determine the frequency of on-site audits by the office according to annual comprehensive analyses of student performance and equity in relation to the academic excellence indicators and fund accounting assessments as adopted under subsection (b) of Code Section 20-14-34.
(c) In making an on-site school performance audit, the auditor shall obtain information from administrators, teachers, and parents of students enrolled in the local school system. The audit may not be closed until information is obtained from each of those sources. The office shall adopt rules regarding obtaining information from parents and using that information in the auditor's report and obtaining information from teachers in a manner that prevents a school or school system from screening the information.
(d) The auditors shall report to the local board of education, the local school council, and appropriate school administrators and shall report findings and recommendations concerning any necessary improvements or intervention strategies. School audit reports shall be provided to the council and the State Board of Education.
(e) The director may authorize other school audits to be conducted under the following circumstances:
(1) When excessive numbers of absences of students eligible to be tested on state assessment instruments are determined; or
(2) When a school or school system has not provided student performance information to the Department of Education's educational information system as required under subsection (b) of Code Section 20-2-167.
20-14-36.
The office shall recommend, and the council shall adopt, written procedures for conducting on-site audits under this part. The office shall make the procedures available to the schools, school councils, local boards of education, and the public. Office staff shall be trained in audit procedures and shall follow such procedures in conducting the audit.
20-14-37.
The Georgia schools awards system is created to recognize those schools and school systems that demonstrate progress or success in achieving the education goals of the state and achieving excellence on the office school rating system as defined in Code Section 20-14-33.
20-14-38.
(a) Financial awards will be provided to the schools that the office determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion,

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subject to appropriation by the General Assembly and any limitation set by the director on the total amount that may be awarded to a school or local school system.
(b) Financial awards will be provided to each school that achieves a grade of A or B as defined in Code Section 2014-33 for performance on either or both the absolute student achievement standard and progress on student achievement. The certificated personnel in a school that achieves the grade of A or B in either or both categories will be provided a bonus for the year the school achieved those grades of $1,000.00 for each grade of A and $500.00 for each grade of B. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as otherwise may be provided. An additional financial award will be provided to each school for noncertificated personnel in the amount of $10,000.00 for each A grade for the school and $5,000.00 for each B grade for the school, provided that the total lump sum noncertificated personnel award for an individual school shall not exceed $20,000.00; provided, further, that funds for this purpose are appropriated by the General Assembly or as otherwise may be provided. The local school council of the school receiving this noncertificated personnel award shall determine the distribution of the award among such personnel of its school.
(c) The Governor may present proclamations or certificates to schools and school systems determined to have met or exceeded the state's education goals under Code Section 20-14-30.
20-14-39.
The award system may be funded by donations, grants, or appropriation by the General Assembly or as otherwise provided. The State Board of Education may solicit and receive grants and donations for the purpose of making awards under this part. Award funds may be used by the State Board of Education to pay for the costs associated with sponsoring a ceremony to recognize or present awards to schools or school systems under this part. The donations, grants, or appropriations by the General Assembly shall be accounted for and distributed by the State Board of Education. The awards are subject to audit requirements established by the office.
20-14-40.
All identifiable individual student performance data and information and reports received by the office, the Department of Education, and the State Board of Education under this part from schools or school systems shall be deemed confidential and may not be disclosed.
20-14-41.
(a) If a school has a grade of D or F on student performance for the absolute student achievement standard or on progress on improved student achievement as determined by the office, the office, in the audit report on an individual school, shall report findings and recommend appropriate levels of interventions for that school, based on a scale of increasingly severe interventions, to the State Board of Education. The State Board of Education shall prescribe the appropriate level of intervention and may include one or more of the following increasingly severe interventions:
(1) Issuing public notice of the deficiency to the local board of education;
(2) Ordering a hearing to be conducted at the school by the local board of education with the participation of the school council for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance;
(3) Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the school's performance is unacceptable, the submission of the plan to the director for approval, and implementation of the plan;
(4) Appointing a Department of Education school improvement team to:

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(A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the school's low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel;
(B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, staff development focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, waivers from state statutes or rules, extended instruction time for low-performing students, smaller class size for low-performing students, or other actions the team considers appropriate;
(C) Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and
(D) Assist the director in monitoring the progress of the school in implementing the intensive school improvement plan focused on student achievement;
(5) If a school has received a grade of D or F for a period of two consecutive years or more, appointing a school master or management team to oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state; or
(6) If a school has received a grade of D or F for a period of three consecutive years or more, the State Board of Education shall implement one or more of the following interventions or sanctions, in order of severity:
(A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a threeyear period as a condition for continued receipt of state funds for administration;
(B) Allow for the implementation of a state charter school through the designation by the State Board of Education;
(C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years;
(D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; or
(E) Mandate a monitor, master, or management team in the school that shall be paid by the district.
(b) The State Board of Education shall clearly define the powers and duties of a master or management team appointed to oversee the operations of a school.
(c) A school improvement team appointed under this Code section may consist of currently employed or retired teachers, principals, other educational professionals, Department of Education school improvement employees, or local school superintendents recognized for excellence in their roles and appointed by the State Board of Education to serve as members of a team.
(d) The State Board of Education shall annually report by June 30 of each year the status of the interventions imposed on low-performing schools to the office with recommendations regarding ending, extending, or upgrading the interventions on those schools. The director shall review and respond to the report.
Part 4
20-14-50.

Thursday, March 16, 2000

1625

(a) The office shall create and the council shall adopt the rules and policies that support a postsecondary accountability assessment program that is primarily performance based.
(b) The office shall develop and the council shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the University System of Georgia and the Department of Technical and Adult Education.
(c) The office and the board of regents shall identify, define, and develop such performance indicators and measures by December 1, 2001. The first report card on universities and colleges shall be implemented and produced by the office by December 1, 2002.
(d) The office and the State Board of Technical and Adult Education shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the department, institutes, and schools by December 1, 2002.
(e) After December 1, 2002, the office shall audit those postsecondary institutions, schools, colleges, or programs as necessary in implementing the education accountability system described in this part.
Part 5
20-14-60.
(a) The office, with the approval of the council, shall create and the Office of School Readiness shall adopt the rules and policies that support a pre-kindergarten accountability assessment program that is primarily performance based.
(b) The office shall develop and the Office of School Readiness shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the Office of School Readiness.
(c) The office and the Office of School Readiness shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the Office of School Readiness and pre-kindergarten programs by December 1, 2002.
(d) After December 1, 2002, the office shall audit those pre-kindergarten programs as necessary in implementing the education accountability system described in this part.
Part 6
20-14-70.
(a) The office, with the approval of the council, shall create and the Professional Standards Commission shall adopt the rules and policies that support an education work force accountability assessment program that is primarily performance based.
(b) The office shall develop and recommend and the Professional Standards Commission shall adopt performance measures and indicators that provide the basis for an accountability report card annually on the Professional Standards Commission and the Georgia education work force.
(c) The office and the Professional Standards Commission shall identify, define, and develop such performance indicators and measures by December 1, 2001. The office shall implement and produce the first report card on the Professional Standards Commission and the Georgia education work force by December 1, 2002.
(d) After December 1, 2002, the office shall audit the education work force practicing in this state and all teacher preparation and professional development programs as necessary in implementing the education accountability system described in this part.
Part 7

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JOURNAL OF THE SENATE

20-14-80.
(a) There shall be an Education Information Steering Committee as provided in Code Section 20-2-320.
(b) The office shall provide a member to the Education Information Steering Committee to assure that all necessary data, information, and specifications are included in the development of and changes to the state-wide comprehensive educational information system for purposes of education accountability."
SECTION 94.
Said chapter is further amended by striking in its entirety the term "comprehensive educational information network" and inserting in lieu thereof the term "comprehensive educational information system" wherever it appears in:
(1) Subsection (m) of Code Section 20-2-260, relating to capital outlay funds under the "Quality Basic Education Act"; and
(2) Subsection (a) of Code Section 20-2-697, relating to student attendance reports and records kept by public elementary and secondary schools.
SECTION 95.
Code Section 43-24-2 of the Official Code of Georgia Annotated, relating to the membership of the State Board for the Certification of Librarians, is amended by striking in their entirety subsections (a) and (c) and inserting in lieu thereof new subsections (a) and (c) to read, respectively, as follows:
"(a) The State Board for the Certification of Librarians is created, to consist of six persons as follows:
(1) Three librarians certified under this chapter, including one public librarian, one special librarian, and one other currently practicing librarian, and one person who shall be a trustee of a public library;
(2) A member to be appointed from the public at large who shall have no connection whatsoever with the library profession; and
(3) The director of public library services of the Department of Technical and Adult Education Board of Regents of the University System of Georgia ."
"(c) The terms of the five members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be five years. The term of the director of public library services of the Department of Technical and Adult Education Board of Regents of the University System of Georgia shall be coextensive with the term of office of this position."
SECTION 96.
The Official Code of Georgia Annotated is amended by striking in its entirety the term "local fair share" and inserting in lieu thereof the term "local five mill share" wherever it appears in:
(1) Subsection (a) of Code Section 20-2-133, relating to free public instruction of elementary and secondary students;
(2) Paragraph (2) of subsection (a) of Code Section 20-2-166, relating to the calculation and allotment of state funds to local school systems under the "Quality Basic Education Act";
(3) Paragraph (2) of subsection (a) of Code Section 20-2-187, relating to the state-wide school lunch program for elementary and secondary students;

Thursday, March 16, 2000

1627

(4) Subsections (a) and (c) of Code Section 20-2-250, relating to projects to improve effectiveness under the "Quality Basic Education Act";
(5) Subsection (b) of Code Section 20-2-252, relating to electronic technology plans and grants under the "Quality Basic Education Act";
(6) Subsection (d) of Code Section 20-2-283, relating to corrective plans for nonstandard local units of elementary and secondary school administration and elementary and secondary schools; and
(7) Subsection (m) of Code Section 48-5-7.5, relating to the assessment of standing timber for ad valorem taxation."
SECTION 97.
(a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2000.
(b) This section, Sections 8 and 58 of this Act, and Code Section 20-14-11, as enacted by Section 93 of this Act, shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval.
SECTION 98.
All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate adopt the Conference Committee report on HB 1187.

On the motion, a roll call was taken, and the vote was as follows:

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

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

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

On the motion, the yeas were 33, nays 22; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1187.
The following messages were received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:

1628

JOURNAL OF THE SENATE

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1187.

By Representatives Smith of the 175th, Dukes of the 161st, Murphy of the 18th and others:

A bill to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary level; to provide for a short title; to amend Code Section 15-11-15 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to provide for the court's jurisdiction over certain proceedings initiated by local boards of education.

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

SB 349.

By Senators Crotts of the 17th, Harbison of the 15th, Price of the 56th and others:
A bill to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, so as to change the provisions relating to special license plates for military reservists and provide for identifying the branches of the reserve and for retired reservists; to change the provisions relating to proof of eligibility for certain members and retired members of the National Guard; to repeal conflicting laws.

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

SB 295.

By Senators Hecht of the 34th, Kemp of the 3rd, Lee of the 29th and others:

A bill to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to require each local governing authority to prepare and compile a general codification of all ordinances of such local governing authority having the force and effect of law; to provide for amendments; to provide for printing and distribution; to establish the State Law Library as the official state repository of such codes; to provide for related matters; to repeal conflicting laws.

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

SB 309.

By Senator Polak of the 42nd:
A bill to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding the assessment, evaluation, and revaluation of ad valorem taxes in any municipal corporation which lies in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census and which has an independent school system coextensive with its boundaries; to change certain provisions regarding municipalities contracting with county tax commissioners to assess and collect municipal taxes; to repeal conflicting laws.

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

Thursday, March 16, 2000

1629

SB 344.

By Senators Madden of the 47th, Harbison of the 15th and Meyer von Bremen of the 12th:

A bill to be entitled an Act to amend Code Section 33-7-11 of the O.C.G.A., relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, so as to raise certain minimum liability coverage requirements; to change certain provisions relating to when motor vehicles shall not be deemed to be uninsured motor vehicles; to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and proof of financial responsibility, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for liability insurance policies; to change certain provisions relating to duration of suspension and when judgments deemed satisfied; to repeal conflicting laws.

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

SB 485.

By Senators Hill of the 4th, Thomas of the 10th, Williams of the 6th and others:

A bill to be entitled an Act to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to provide that no person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; to define a certain term; to provide exceptions; to repeal conflicting laws.

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

SR 490.

By Senators Starr of the 44th, Walker of the 22nd and Golden of the 8th:
A resolution creating the Blue Ribbon Commission on State Government Decentralization; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters.

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

SB 403.

By Senators Ray of the 48th, Kemp of the 3rd and Lee of the 29th:
A bill to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings within the jurisdiction of the magistrate courts, so as to provide for the filing of actions, claims, answers, pleadings, postjudgment interrogatories, and other documents by electronic means; to provide for the electronic signature and verification of such pleadings and to provide for methods of service and docketing of such pleadings; to provide for the burden of proof if authenticity is challenged; to provide for the assessment and collection of fees in connection with such pleadings; to provide for related matters; to provide for an effective date; to repeal conflicting laws.

SB 443.

By Senators Fort of the 39th and Walker of the 22nd:
A bill to be entitled an Act to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Office of Housing, so as to provide that single family affordable housing constructed on or after July 1, 2000, with state or federal funds awarded by the State Office of Housing shall contain certain features to make such housing more accessible to persons with mobility impairments; to authorize the State Office of Housing to grant certain waivers; to provide for an effective date; to repeal conflicting laws.

1630

JOURNAL OF THE SENATE

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

HB 1706.

By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th and others:
A bill to provide for a homestead exemption from certain City of Marietta ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

HB 1713.

By Representatives Sauder of the 29th, Golick of the 30th, Manning of the 32nd and others:
A bill to provide for a homestead exemption from certain City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

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

SB 497.

By Senator Smith of the 25th:
A bill to be entitled an Act to provide a homestead exemption from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws.

SB 505.

By Senators Starr of the 44th and Hecht of the 34th:

A bill to be entitled an Act to provide for the authority of the governing authority of Clayton County to request that the election superintendent of Clayton County call and conduct an advisory election for the purpose of submitting to the electors of Clayton County for approval or rejection the question of whether to fund a bus transportation system in Clayton County; to specify the form of the ballot; to provide for an effective date; to repeal conflicting laws.

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

SB 479.

By Senators Madden of the 47th, Meyer von Bremen of the 12th, Smith of the 25th and others:

A bill to be entitled an Act to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, so as to provide for a state ombudsman and for community ombudsmen for mental health, mental retardation, and substance abuse; to provide for the duties of such state ombudsman; to provide that the state ombudsman will be under the supervision and direction of the consumers' insurance advocate; to provide for contracts for the operation of a community ombudsman program for this state and for the components of that program; to provide for reviews, responses, recommendations, and actions regarding community ombudsman investigations; to repeal conflicting laws.

Senator Hooks of the 14th moved that pursuant to Senate Rule 111(b) the General Appropriations Bill, HB 1160, be the next order of business. The motion, which takes precedence, was accepted.

Thursday, March 16, 2000

1631

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

HB 1160. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:

A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 2000 and ending June 30, 2001; and for other purposes.

Senate Sponsor: Senator Hooks of the 14th.

The Senate Appropriations Committee offered the following substitute to HB 1160:

A BILL

To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2000, and ending June 30, 2001; 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, 2000, and ending June 30, 2001, 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 $13,427,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 2001.

Section 1. General Assembly.

PART I. LEGISLATIVE BRANCH

Budget Unit: General Assembly Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts - Staff Per Diem, Fees and Contracts - Elected Officials Photography Expense Reimbursement Account

$

33,460,452

$

16,970,907

$

4,695,194

$

2,668,752

$

121,000

$

7,000

$

0

$

0

$

1,315,000

$

1,112,000

$

5,000

$

692,500

$

164,115

$

3,956,984

$

100,000

$

1,652,000

Total Funds Budgeted

$

33,460,452

State Funds Budgeted

$

33,460,452

Senate Functional Budgets Senate and Research Office

Total Funds

$

5,495,610 $

State Funds 5,495,610

1632

JOURNAL OF THE SENATE

Lt. Governor's Office Secretary of the Senate's Office

Total

House Functional Budgets

House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office

Total

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee

Total

$

973,037 $

$

1,283,930 $

$

7,752,577 $

Total Funds

$

12,581,892 $

$

475,648 $

$

1,683,719 $

$

14,741,259 $

Total Funds

$

3,372,775 $

$

2,368,136 $

$

1,096,700 $

$

3,717,700 $

$

411,305 $

$

10,966,616 $

973,037 1,283,930
7,752,577
State Funds 12,581,892 475,648 1,683,719
14,741,259
State Funds 3,372,775 2,368,136 1,096,700 3,717,700 411,305
10,966,616

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits.

Budget Unit: Department of Audits Personal Services Regular Operating Expenses Travel

$

27,663,403

$

23,534,803

$

768,200

$

601,000

Thursday, March 16, 2000

Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications

Total Funds Budgeted

State Funds Budgeted

PART II JUDICIAL BRANCH
Section 3. Judicial Branch.
Budget Unit: Judicial Branch Personal Services Other Operating Prosecuting Attorney's Council Judicial Administrative Districts Payment to Council of Superior Court Clerks Payment to Resource Center Computerized Information Network
Total Funds Budgeted

State Funds Budgeted

Judicial Branch Functional Budgets

Supreme Court

$

Court of Appeals

$

Superior Court - Judges

$

Superior Court - District Attorneys

$

Juvenile Court

$

Institute of Continuing Judicial Education

$

Judicial Council

$

Judicial Qualifications Commission

$

Indigent Defense Council

$

Georgia Courts Automation Commission

$

Georgia Office Of Dispute Resolution

$

Total

$

Section 4. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

$ $ $ $ $ $
$
$
$ $ $ $ $ $ $ $
$
$
Total Funds 7,929,883 $ 10,709,891 $ 47,190,385 $ 38,603,155 $ 1,383,075 $ 1,113,081 $ 7,088,881 $ 215,197 $ 5,959,388 $ 2,682,982 $ 342,690 $
123,218,608 $
$ $ $ $ $ $ $ $

1633
49,000 20,000 1,072,400 87,000 1,194,000 337,000
27,663,403
27,663,403
120,222,214 16,196,169
101,017,067 2,833,325 1,837,763 34,284 700,000 600,000
123,218,608
120,222,214
State Funds 7,101,443 10,613,891 47,190,385 36,777,424 1,383,075 1,066,142 6,905,758 215,197 5,943,227 2,682,982 342,690
120,222,214
44,816,202 65,466,755 12,431,906
481,871 744,834 1,848,428 1,364,812 4,214,593

1634

JOURNAL OF THE SENATE

Telecommunications Per Diem, Fees and Contracts Rents and Maintenance Expense Utilities Payments to DOAS Fiscal Administration Direct Payments to Georgia Building Authority for
Capital Outlay Direct Payments to Georgia Building Authority for
Operations Telephone Billings Radio Billings Materials for Resale Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant State Self Insurance Fund Payments to Georgia Net Authority
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Support Services

$

Materials Management

$

Information Technology

$

Risk Management

$

State Properties Commission

$

Office of the Treasury

$

State Office of Administrative Hearings

$

Total

$

B. Budget Unit: Georgia Building Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Contractual Expense Facilities Renovations and Repairs
Total Funds Budgeted

$ $ $ $ $
$
$ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 21,539,176 $ 12,452,521 $ 20,843,966 $
118,944,012 $ 3,911,012 $ 726,681 $ 1,651,317 $ 4,392,160 $
184,460,845 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $
$

378,031 9,913,073 11,180,018
0 0
0
50,000 53,858,325
433,484 15,939,840
496,375 35,000 48,500 75,000
500,000 0
5,000,000
184,460,845
44,816,202
State Funds 7,500,451 4,048,439 0 27,410,915 800,050 726,681 241,430 4,088,236
44,816,202
0 19,409,599 15,468,544
13,000 200,000
80,000 322,000
15,071 261,916 767,389
0 0 0 0
36,537,519

Thursday, March 16, 2000

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Facilities Program

$

Operations

$

Security

$

Sales

$

Van Pool

$

Total

$

Section 5. Department of Agriculture.
A. Budget Unit: Department of Agriculture Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Payments to Georgia Agrirama Development Authority for Operations Payments to Georgia Development Authority Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Plant Industry

$

Animal Industry

$

Marketing

$

Internal Administration

$

Fuel and Measures

$

Consumer Protection Field Forces

$

$
Total Funds 12,669,573 $ 0$ 12,422,856 $ 6,487,113 $ 4,558,445 $ 399,532 $
36,537,519 $
$ $ $ $ $ $ $ $ $ $ $
$
$ $ $ $
$ $
$ $ $ $
$
$
Total Funds 8,991,942 $ 16,378,933 $ 7,119,848 $ 7,746,965 $ 3,803,320 $ 8,276,334 $

1635
0
State Funds 0 0 0 0 0 0
0
41,168,287 33,767,088 4,221,159 1,028,145
291,536 462,673 667,341 814,475 406,380 1,609,741 983,240
3,441,158
3,076,532 265,000 30,000 425,000
835,678 0
650,000 0
40,000 0
53,015,146
41,168,287
State Funds 8,210,942 13,246,798 3,444,848 7,559,965 3,673,620 5,032,114

1636

JOURNAL OF THE SENATE

Seed Technology

$

Total

$

B. Budget Unit: Georgia Agrirama Development Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Goods for Resale
Total Funds Budgeted

State Funds Budgeted

Section 6. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Total Funds Budgeted

State Funds Budgeted

Section 7. Department of Community Affairs.
Budget Unit: Department of Community Affairs Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Capital Felony Expense Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment

697,804 $
53,015,146 $
$
$ $ $ $ $ $ $ $ $ $ $
$
$
$ $ $ $ $ $ $ $ $ $
$
$
$ $ $ $ $ $ $ $ $ $ $ $ $ $

0
41,168,287
0
1,104,178 197,000 3,000 0 5,000 9,500 0 7,500 96,500 125,000 120,000
1,667,678
0
10,958,360 8,989,561 471,206 475,103 112,380 34,422 309,790 458,071 94,392 13,435
10,958,360
10,958,360
118,512,495 20,148,911 2,505,576 504,723 0 384,085 1,451,218 2,260,060 693,735 517,228 500,000 2,128,851 24,399,600 133,355

Thursday, March 16, 2000

HUD-Community Development Block Pass thru Grants Payment to Georgia Environmental Facilities Authority Community Service Grants Home Program ARC-Revolving Loan Fund Local Development Fund Payment to State Housing Trust Fund Payments to Sports Hall of Fame Regional Economic Business Assistance Grants State Commission on National and Community Service EZ/EC Administration EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation Authority One Georgia Fund
Total Funds Budgeted
Tobacco Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

Executive Division

$

Planning and Management Division

$

Business and Financial Assistance Division

$

Housing and Finance Division

$

Accounting, Budgeting and Personnel Division

$

Rental Assistance Division

$

Administrative and Computer Support Division

$

Georgia Music Hall of Fame Division

$

Community Service Division

$

External Affairs Division

$

Total

$

Section 8. Department of Community Health.
A. Budget Unit: Medicaid Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts Grant in Aid to Counties

$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 31,127,254 $ 5,112,187 $ 36,691,386 $ 8,192,933 $ 65,670,592 $ 55,241,304 $ 2,906,248 $ 1,859,764 $ 10,704,898 $ 4,219,955 $
221,726,521 $

1637
30,000,000 666,530
5,000,000 3,165,581
0 617,500 3,281,250 900,263 2,847,147
0 189,073
0 1,128,125 1,250,000 50,000,000 4,971,497 62,082,213
221,726,521 62,082,213
56,430,282
State Funds 30,763,433 4,844,685 5,115,348 3,165,581 64,297,543 0 1,587,257 916,686 3,732,293 4,089,669
118,512,495

$

1,332,297,481

$

29,752,594

$

7,044,645

$

281,140

$

0

$

77,292

$

1,050,732,796

$

1,299,733

$

807,876

$

376,287,142

$

3,348,762,566

$

1,097,500

$

64,732

$

83,244

$

764,826

1638

JOURNAL OF THE SENATE

Health Insurance Payments Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family Practice Residency Residency Capitation Grants Student Preceptorships Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation
Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

Commissioner's Office

$

Medicaid Benefits, Penalties and Disallowances

$

Program Management - Medicaid

$

Systems Management - Medicaid

$

General Administration

$

Minority Health

$

Women's Health

$

Employee Health Benefits

$

Health Planning

$

Georgia Board for Physician Workforce

$

Board of Medical Examiners

$

Medical Education Board

$

Primary and Rural Health

$

Total

$

$ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 1,772,243 $
3,348,762,566 $ 40,905,852 $ 48,323,258 $ 52,340,642 $ 259,210 $ 353,518 $
1,314,936,605 $ 1,702,495 $ 30,537,627 $ 1,394,539 $ 1,527,448 $ 5,401,414 $
4,848,217,417 $

0 27,000 400,000 762,000 4,137,000 2,202,803 175,000 14,979,698 7,394,890 488,700 474,240 120,000
4,848,217,417 10,626,921
1,321,670,560
State Funds 892,197
1,224,397,355 16,761,152 12,080,815 3,195,677 259,210 353,518 34,000,000 1,602,495 30,537,627 1,394,539 1,527,448 5,295,448
1,332,297,481

B. Budget Unit: Indigent Trust Fund Per Diem, Fees and Contracts Benefits
Total Funds Budgeted
State Funds Budgeted

$

148,828,880

$

8,200,000

$

360,067,504

$

368,267,504

$

148,828,880

C. Budget Unit: PeachCare for Kids Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

$

19,929,611

$

363,061

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

Thursday, March 16, 2000

Per Diem, Fees and Contracts PeachCare Benefits, Penalties and Disallowances
Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted

Section 9. Department of Corrections.
Budget Unit: Administration, Institutions and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund
Total Funds Budgeted Indirect DOAS Funding Georgia Correctional Industries
State Funds Budgeted

Departmental Functional Budgets

Executive Operations

$

Administration

$

Human Resources

$

Field Probation

$

Facilities

$

Total

$

Section 10. Department of Defense. Budget Unit: Department of Defense

$ $
$ $
$
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$ $ $
$
Total Funds 33,830,220 $ 15,936,000 $
128,442,372 $ 67,786,161 $
655,570,342 $
901,565,095 $
$

1639
5,325,376 65,275,830
71,398,026 2,756,037
17,173,574
878,800,291 557,479,788
66,269,462 2,650,534
723,140 3,496,485 5,918,394 7,413,819 7,866,404 73,170,767
38,000 24,098,237 1,300,000 31,512,595 5,550,695
0 1,093,624 4,568,025 1,627,150
577,160 1,527,120 103,388,752
438,944 856,000
901,565,095 450,000 0
878,800,291
State Funds 33,323,220 15,636,000
119,978,163 67,306,161
642,556,747
878,800,291
6,813,863

1640

JOURNAL OF THE SENATE

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Office of the Adjutant General

$

Georgia Air National Guard

$

Georgia Army National Guard

$

Total

$

Section 11. State Board of Education Department of Education.
A. Budget Unit: Department of Education
Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs High School Laboratories Vocational Education Laboratories Special Education Gifted Remedial Education Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Fair Share

$ $ $ $ $ $ $ $ $ $
$
$
Total Funds 2,213,467 $ 6,156,844 $ 17,014,083 $
25,384,394 $

12,239,253 11,973,000
45,375 0
22,000 68,625 31,400 419,973 584,768
0
25,384,394
6,813,863
State Funds 2,010,301 731,144 4,072,418
6,813,863

$

5,346,180,177

$

38,454,432

$

6,261,937

$

1,393,112

$

0

$

317,592

$

1,643,484

$

68,496,277

$

9,865,535

$

2,198,230

$

808,452

$

50,000

$

1,465,628,638

$

1,231,663,959

$

632,604,805

$

36,349,056

$

58,101,898

$

0

$

165,354,369

$

579,276,150

$

111,035,637

$

62,688,661

$

37,621,355

$

139,078,228

$

804,181,626

$

152,606,489

$

(931,966,943)

Thursday, March 16, 2000
Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants In School Suspension Special Instructional Assistance Middle School Incentive Special Education Low - Incidence Grants Limited English-Speaking Students Program Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program Payment of Federal Funds to Board of Technical
and Adult Education Vocational Research and Curriculum Education of Children of Low-Income Families Even Start Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Remedial Summer School Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Alternative Programs Drug Free School (Federal) School Lunch (State) Mentoring Program Charter Schools Emergency Immigrant Education Program Chapter II - Block Grant Flow Through State and Local Education Improvement Child Care Lunch Program (Federal) Health Insurance - Non-Cert. Personnel and Retired
Teachers Governor's Scholarships Innovative Programs Title II Math/Science Grant (Federal) Migrant Education Counselors Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education in State Institutions At Risk Summer School Program Robert C. Byrd Scholarship (Federal) Technology Specialist

1641

$

0

$

0

$

221,584,668

$

3,158,000

$

0

$

0

$

0

$

620,134

$

0

$

500,000

$

4,340,000

$

47,934,164

$

27,650,639

$

293,520

$

236,086,129

$

3,190,097

$

75,415,428

$

5,508,750

$

1,900,000

$

756,500

$

188,375,722

$

267,333

$

749,301

$

8,000,000

$

1,689,931

$

20,102,195

$

1,250,000

$

100,000

$

1,608,000

$

1,042,976

$

655,214

$

11,625,943

$

35,282,461

$

500,000

$

1,289,604

$

2,481,927

$

9,913,513

$

24,962,356

$

0

$

124,547,892

$

3,693,967

$

1,690,215

$

5,042,895

$

274,395

$

0

$

10,771,889

$

60,128,000

$

3,774,785

$

3,884,639

$

4,632,785

$

1,059,000

$

0

1642

JOURNAL OF THE SENATE

Year 2000 Project Funding Troops To Teachers Child Care Program Comprehensive School Reform Character Education Standards of Care State Fund Reserve National Teacher Certification Student Information System Health Insurance Adjustment Principal Supplements
Total Funds Budgeted Indirect DOAS Services Funding
State Funds Budgeted

Departmental Functional Budgets

State Administration

$

Student Learning and Assessment

$

Governor's Honors Program

$

Quality and School Support

$

Federal Programs

$

Technology

$

Local Programs

$

Georgia Academy for the Blind

$

Georgia School for the Deaf

$

Atlanta Area School for the Deaf

$

Total

$

$ $ $ $ $ $ $ $ $ $ $
$ $
$ Total Funds
11,205,475 $ 54,437,993 $ 1,329,839 $ 14,421,651 $ 8,048,784 $ 22,403,856 $ 5,910,156,526 $ 5,860,061 $ 5,189,874 $ 6,191,518 $
6,039,245,577 $

0 0 0 45,027,264 0 0 0 476,580 0 155,299,707 6,394,080
6,039,245,577 0
5,346,180,177 State Funds
8,883,986 44,943,921 1,252,250 10,954,140
454,790 20,089,350 5,243,739,545 5,325,702 4,826,437 5,710,056
5,346,180,177

B. Budget Unit: Lottery for Education Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System
Total Funds Budgeted
Lottery Funds Budgeted

$

48,005,375

$

28,977,875

$

2,329,000

$

4,500,000

$

910,000

$

0

$

0

$

0

$

0

$

0

$

11,288,500

$

0

$

0

$

48,005,375

$

48,005,375

C. Budget Unit: Office of School Readiness Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations

$

1,248,860

$

225,194,380

$

2,235,591

$

5,215,957

Thursday, March 16, 2000

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Nutrition Grants

Total Funds Budgeted Lottery Funds Budgeted
State Funds Budgeted

Section 12. Employees' Retirement System.
Budget Unit: Employees' Retirement System Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Benefits to Retirees
Total Funds Budgeted

State Funds Budgeted

Section 13. Forestry Commission.
Budget Unit: Forestry Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Ware County Grant Ware County Grant for Southern Forest World Ware County Grant for Road Maintenance Capital Outlay
Total Funds Budgeted

1643

$

3,621,770

$

180,283

$

181,959

$

0

$

11,528

$

130,500

$

1,186,947

$

225,693

$

31,724

$

0

$

0

$

89,190,742

$

327,407,074

$

232,645,928

$

1,248,860

$

0

$

2,649,178

$

435,100

$

29,000

$

0

$

1,450

$

1,269,708

$

340,740

$

70,002

$

2,557,000

$

0

$

7,352,178

$

0

$

36,759,999

$

29,768,020

$

6,045,411

$

179,793

$

1,296,822

$

2,120,878

$

358,525

$

28,736

$

1,191,041

$

1,047,903

$

28,500

$

60,000

$

0

$

0

$

42,125,629

1644

JOURNAL OF THE SENATE

State Funds Budgeted

Departmental Functional Budgets

Reforestation

$

Field Services

$

General Administration and Support

$

Total

$

Section 14. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Evidence Purchased Capital Outlay
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Investigative

$

Georgia Crime Information Center

$

Forensic Sciences

$

Total

$

Section 15. Office of the Governor.
A. Budget Unit: Office of the Governor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds

$
Total Funds 2,167,586 $ 36,018,451 $ 3,939,592 $
42,125,629 $
$ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 5,083,318 $ 26,045,095 $ 10,288,366 $ 19,380,798 $
60,797,577 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $

36,759,999
State Funds 0
32,988,562 3,771,437
36,759,999
60,797,577 45,253,492 6,382,547
467,899 470,510 1,696,645 594,600 418,425 1,066,039 4,018,442 428,978
0
60,797,577
60,797,577
State Funds 5,083,318 26,045,095 10,288,366 19,380,798
60,797,577
48,789,122 20,907,308 1,372,873
315,400 0
104,509 422,522 1,209,608 539,920 15,651,070 4,637,233
40,000 4,015,000
198,913 4,072,581

Thursday, March 16, 2000

Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Children and Youth Grants Juvenile Justice Grants Georgia Crime Victims Assistance Program Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Transition Fund Flood - Contingency
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Governor's Office

$

Office of Equal Opportunity

$

Office of Planning and Budget

$

Council for the Arts

$

Office of Consumer Affairs

$

Georgia Information Technology Policy Council

$

Criminal Justice Coordinating Council

$

Children and Youth Coordinating Council

$

Human Relations Commission

$

Professional Standards Commission

$

Georgia Emergency Management Agency

$

Governor's Commission for the Privatization

of Government Services

$

Total

$

Section 16. Department of Human Resources.
Budget Unit: Department of Human Resources 1. General Administration and Support Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations

$ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 8,891,146 $ 1,132,810 $ 16,279,716 $ 5,421,865 $ 4,549,245 $ 699,287 $ 3,604,964 $ 6,519,250 $ 319,725 $ 5,568,095 $ 6,324,178 $
0$
59,310,281 $

1645
274,194 275,000
0 250,000 1,697,750 1,500,000 684,400 1,085,000
0 57,000
0 0
59,310,281
48,789,122
State Funds 8,841,146 829,839 16,279,716 4,754,020 4,351,245 699,287 356,988 4,597,250 319,725 5,568,095 2,191,811
0
48,789,122

$

1,328,765,382

$

78,842,837

$

3,001,459

$

1,773,908

$

0

$

161,457

$

4,733,660

$

16,105,423

$

54,122,431

$

15,530,029

$

0

$

49,463,157

$

72,541,773

$

123,714

$

823,133

$

29,607,957

$

0

1646

JOURNAL OF THE SENATE

Operating Expenses

Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

Commissioner's Office

$

Office of Planning and Budget Services

$

Office of Adoption

$

Children's Community Based Initiative

$

Troubled Children's Placements

$

Human Resources Development

$

Technology and Support

$

Facilities Management

$

Regulatory Services - Program Direction and Support

$

Child Care Licensing

$

Health Care Facilities Regulation

$

Fraud and Abuse

$

Financial Services

$

Auditing Services

$

Personnel Administration

$

Transportation Services

$

Indirect Cost

$

Policy and Government Services

$

Aging Services

$

DD Council

$

Total

$

2. Public Health Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Special Purpose Contracts Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Postage Medical Benefits

Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted

State Funds Budgeted

$
$ $ $
$
Total Funds 1,344,784 $ 4,244,550 $ 13,048,391 $ 10,500,132 $ 49,463,157 $ 1,346,027 $
100,920,684 $ 5,658,706 $ 700,835 $ 3,363,218 $ 11,354,139 $ 6,655,625 $ 9,956,531 $ 2,411,321 $ 7,046,517 $ 12,071,943 $ 0$ 851,492 $ 84,309,864 $ 1,583,022 $
326,830,938 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $
$

0
326,830,938 3,982,840 7,999,172
184,912,181
State Funds 1,344,784 4,244,550 7,075,253 10,225,132 35,985,726 1,346,027 60,196,779 4,409,210 690,835 3,336,649 5,472,511 2,262,247 5,576,898 2,411,321 7,046,517 1,866,786
(14,800,797) 851,492
53,351,596 17,837
192,911,353
50,298,871 77,888,376
939,752 0
195,367 1,334,062 17,612,517
217,356 1,010,667
574,000 21,676,873 180,884,566
0 190,927 4,222,222
357,045,555 324,160
52,942,557
154,838,383

Thursday, March 16, 2000

Departmental Functional Budgets

District Health Administration

$

Newborn Follow-Up Care

$

Oral Health

$

Stroke and Heart Attack Prevention

$

Sickle Cell, Vision and Hearing

$

High-Risk Pregnant Women and Infants

$

Sexually Transmitted Diseases

$

Family Planning

$

Women, Infants and Children Nutrition

$

Grant in Aid to Counties

$

Children's Medical Services

$

Emergency Health

$

Epidemiology

$

Immunization

$

Community Tuberculosis Control

$

Family Health Management

$

Infant and Child Health

$

Maternal Health - Perinatal

$

Chronic Disease

$

Diabetes

$

Cancer Control

$

Director's Office

$

Injury Control

$

Vital Records

$

Health Services Research

$

Environmental Health

$

Laboratory Services

$

Community Health Management

$

AIDS

$

Drug and Clinic Supplies

$

Adolescent Health

$

Public Health - Planning Councils

$

Early Intervention

$

Smoking Prevention and Cessation

$

School Nurses

$

Public Health - Division Indirect Cost

$

Total

$

3. Rehabilitation Services Budget:

Personal Services Regular Operating Expenses Travel

Motor Vehicle Purchases Equipment Real Estate Rentals

Per Diem, Fees and Contracts Computer Charges Telecommunications

Case Services Special Purpose Contracts Purchase of Services Contracts

Major Maintenance and Construction Utilities Postage

Total Funds 12,327,588 $ 1,283,237 $ 9,549,114 $ 2,000,456 $ 6,572,025 $ 4,792,307 $ 3,148,889 $ 13,831,380 $ 84,249,547 $ 67,215,959 $ 13,163,802 $ 4,035,267 $ 2,150,575 $ 1,619,700 $ 5,731,645 $ 1,455,319 $ 1,003,505 $ 2,830,080 $ 1,572,269 $ 161,799 $ 5,814,348 $ 2,109,715 $ 431,404 $ 2,010,912 $ 569,526 $ 2,007,829 $ 6,880,977 $ 197,405 $ 15,392,913 $ 10,713,458 $ 12,525,541 $ 113,034 $ 12,818,141 $ 16,765,890 $ 30,000,000 $ 0$
357,045,555 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $

1647
State Funds 12,200,653 1,069,406 2,396,062 887,844 5,805,206 4,792,307 1,027,260 5,907,459 0 66,320,998 6,334,290 2,659,554 1,573,467 5,000 4,245,963 810,901 798,729 1,213,528 1,572,269 161,799 5,814,348 1,832,863 288,766 1,748,467 569,526 1,495,956 6,610,977 197,405 8,365,448 2,640,380 2,932,674 95,537 10,364,907 16,765,890 30,000,000 (1,724,899)
207,780,940
86,281,457 12,057,074 1,814,584
50,582 1,616,277 5,225,022 11,555,988
463,541 2,491,137 41,304,191
885,245 12,563,883
255,000 909,650 747,878

1648

JOURNAL OF THE SENATE

Total Funds Budgeted Indirect DOAS Services Funding
State Funds Budgeted

Departmental Functional Budgets

Vocational Rehabilitation Services

$

Independent Living

$

Employability Services

$

Community Facilities

$

Program Direction and Support

$

Grants Management

$

Disability Adjudication

$

Georgia Factory for Blind

$

Roosevelt Warm Springs Institute

$

Total

$

4. Family and Children Services Budget:

Personal Services Regular Operating Expenses Travel

Motor Vehicle Purchases Equipment Real Estate Rentals

Per Diem, Fees and Contracts Computer Charges Telecommunications Children's Trust Fund Cash Benefits Special Purpose Contracts

Service Benefits for Children Purchase of Service Contracts Postage

Grants to County DFACS - Operations

Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Director's Office

$

Social Services

$

Administrative Support

$

Quality Assurance

$

Community Services

$

Field Management

$

Human Resources Management

$

Public Assistance

$

Child Support Enforcement

$

Temporary Assistance for Needy Families

$

$ $
$
Total Funds 69,141,905 $ 948,949 $ 511,903 $ 10,971,695 $ 1,995,681 $ 894,540 $ 53,685,557 $ 11,718,295 $ 28,352,984 $
178,221,509 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $
$
Total Funds 680,284 $
4,794,690 $ 2,692,796 $ 3,903,827 $ 14,523,520 $ 1,797,000 $ 2,526,886 $ 3,760,577 $ 44,289,349 $ 114,134,948 $

178,221,509 100,000
25,941,167
State Funds 13,692,346 513,969 511,903 3,351,205 595,056 894,540 0 89,039 6,293,109
25,941,167
22,377,142 3,601,014
884,107 0
510,512 3,695,697 30,748,035
0 1,596,679 4,677,403 124,425,510 7,087,433 330,299,676 41,776,463 2,037,559 355,967,547
929,684,777 0
3,341,218
375,590,070
State Funds 680,284
4,282,649 2,413,493 3,903,827 2,022,037 1,797,000 1,521,095 3,760,577 5,378,260 48,247,444

Thursday, March 16, 2000

SSI - Supplemental Benefits

$

Refugee Programs

$

Energy Benefits

$

County DFACS Operations - Eligibility

$

County DFACS Operations - Social Services

$

Food Stamp Issuance

$

County DFACS Operations - Homemakers Services

$

County DFACS Operations - Joint and Administration

$

County DFACS Operations - Employability Program

$

County DFACS Operations - Child Support Enforcement

$

Employability Benefits

$

Legal Services

$

Family Foster Care

$

Institutional Foster Care

$

Specialized Foster Care

$

Adoption Supplement

$

Prevention of Foster Care

$

Day Care

$

Special Projects

$

Children's Trust Fund

$

Indirect Cost

$

Total

$

5. Community Mental Health/Mental Retardation and Institutions:
Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities

Major Maintenance and Construction Community Services

Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Southwestern State Hospital

$

Augusta Regional Hospital

$

Northwest Regional Hospital at Rome

$

Georgia Regional Hospital at Atlanta

$

Central State Hospital

$

Georgia Regional Hospital at Savannah

$

Gracewood State School and Hospital

$

West Central Regional Hospital

$

Outdoor Therapeutic Programs

$

Metro Drug Abuse Centers

$

Substance Abuse Residential Services

$

Community Mental Health Services

$

Community Mental Retardation Services

$

Community Substance Abuse Services

$

State Administration

$

1,122,012 $ 2,795,420 $ 7,223,130 $ 119,921,895 $ 105,107,973 $ 3,190,752 $ 8,951,088 $ 73,069,303 $ 23,636,861 $ 25,480,427 $ 50,513,118 $ 4,290,503 $ 34,184,289 $ 29,166,210 $ 7,849,656 $ 36,881,820 $ 21,186,495 $ 173,420,622 $ 3,911,923 $ 4,677,403 $
0$
929,684,777 $
$ $ $ $ $ $
$ $ $
$
Total Funds 33,082,613 $ 16,772,692 $ 27,887,112 $ 38,951,148 $
115,490,890 $ 17,511,132 $ 51,979,742 $ 19,655,504 $ 3,989,243 $ 0$ 0$
181,788,560 $ 103,538,080 $
92,895,677 $ 13,132,562 $

1649
1,122,012 0 0
58,991,568 41,942,803
0 2,831,934 37,040,519 9,166,404 8,888,089 15,861,742 2,520,990 20,534,195 23,370,978 4,891,413 22,122,444 7,090,170 50,286,937 3,871,923 4,677,403 (10,286,902)
378,931,288
281,013,704 54,669,354 200,000 9,483,000 1,991,161
375,576,222
722,933,441 1,313,100
10,251,882
512,948,752
State Funds 20,252,624 15,007,400 18,643,414 31,511,102 73,898,563 16,592,144 23,515,477 17,495,762 3,053,029 0 0
174,658,236 72,365,601 42,839,610 8,034,110

1650

JOURNAL OF THE SENATE

Regional Administration

$

Total

$

Budget Unit Object Classes:

Personal Services Regular Operating Expenses Travel

Motor Vehicle Purchases Equipment Real Estate Rentals

Per Diem, Fees and Contracts Computer Charges Telecommunications

Operating Expenses Community Services Case Services

Children's Trust Fund Cash Benefits Special Purpose Contracts

Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties

Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Medical Benefits

Total Funds Budgeted

Section 17. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Local Welcome Center Contracts Marketing Georgia Ports Authority Lease Rentals Foreign Currency Reserve Waterway Development in Georgia Lanier Regional Watershed Commission Georgia World Congress Center
Total Funds Budgeted

State Funds Budgeted

6,258,486 $
722,933,441 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$

5,333,562
523,200,634
518,814,010 96,547,923 5,412,351 250,582 2,483,613 14,988,441 76,021,963 54,803,328 20,628,512 54,669,354
375,576,222 41,304,191 4,677,403
124,425,510 8,546,678
379,762,833 148,558,992 180,884,566
2,369,875 10,392,650 3,799,497 29,607,957 355,967,547 4,222,222
2,514,716,220

$

29,250,263

$

12,072,496

$

1,311,323

$

605,806

$

20,000

$

93,724

$

391,336

$

818,323

$

422,215

$

2,679,887

$

250,600

$

10,534,553

$

0

$

0

$

50,000

$

0

$

0

$

29,250,263

$

29,250,263

Thursday, March 16, 2000

1651

Departmental Functional Budgets

Administration

$

Economic Development

$

Trade

$

Tourism

$

Georgia Legacy

$

Strategic Planning and Research

$

Total

$

Section 18. Department of Insurance.
Budget Unit: Department of Insurance Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Health Care Utilization Review
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Internal Administration

$

Insurance Regulation

$

Industrial Loans Regulation

$

Fire Safety and Mobile Home Regulations

$

Special Insurance Fraud Fund

$

Total

$

Section 19. Department of Juvenile Justice.
Budget Unit: Department of Juvenile Justice Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers

Total Funds 12,992,785 $ 4,470,933 $ 2,797,368 $ 4,413,412 $ 824,516 $ 3,751,249 $
29,250,263 $
$ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 5,122,719 $ 5,515,987 $ 526,467 $ 5,276,928 $ 554,059 $
16,996,160 $
$ $ $ $ $ $ $ $ $ $ $ $ $

State Funds 12,992,785 4,470,933 2,797,368 4,413,412 824,516 3,751,249
29,250,263
15,211,674 14,402,547
680,784 373,713 100,700
32,327 110,968 793,256 405,207
96,658 0
16,996,160
15,211,674
State Funds 5,122,719 5,515,987 526,467 3,492,442 554,059
15,211,674
267,048,470 159,799,666
15,744,667 2,756,260
228,444 1,039,874 2,802,748 2,377,856 2,141,205 18,205,394 3,490,764
697,800 0

1652

JOURNAL OF THE SENATE

Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Regional Youth Development Centers

$

Youth Development Centers

$

YDC Purchased Services

$

Court Services

$

Day Centers

$

Group Homes

$

CYS Purchased Services

$

Law Enforcement Office

$

Assessment and Classification

$

Multi-Service Centers

$

Youth Services Administration

$

Office of Training

$

Total

$

Section 20. Department of Labor.
Budget Unit: Department of Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts W.I.N. Grants Payments to State Treasury Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Section 21. Department of Law.
Budget Unit: Department of Law Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$ $ $ $
$
$
Total Funds 62,711,152 $ 81,068,462 $ 28,945,797 $ 27,531,121 $ 522,286 $ 1,129,273 $ 38,390,371 $ 2,664,649 $ 735,684 $ 3,989,237 $ 22,528,941 $ 3,140,918 $
273,357,891 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
$ $ $ $ $ $

31,798,772 32,274,441
0 0
273,357,891
267,048,470
State Funds 61,241,352 78,474,108 28,206,399 27,268,626 522,286 1,129,273 37,257,595 2,664,649 735,684 3,899,237 22,508,343 3,140,918
267,048,470
13,387,299 88,364,593 6,821,420 1,422,917
0 434,662 2,301,374 2,477,791 2,017,240 54,500,000 4,163,174
0 1,287,478
0
163,790,649
13,387,299
15,080,755 14,361,921
724,211 199,322
0 14,375

Thursday, March 16, 2000

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Books for State Library

Total Funds Budgeted

State Funds Budgeted

Section 22. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem, Fees and Contracts Computer Charges Telecommunications
Total Funds Budgeted Federal Funds
Other Agency Funds Agency Assessments Employee and Employer Contributions Deferred Compensation
State Funds Budgeted

Departmental Functional Budgets

Executive Office

$

Human Resource Administration

$

Employee Benefits

$

Internal Administration

$

Total

$

Section 23. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion Cost of Material for Resale

$ $ $ $ $
$
$
$ $ $ $ $ $ $ $ $
$ $ $ $ $ $
$
Total Funds 1,378,534 $ 4,437,787 $ 2,057,120 $ 4,787,222 $
12,660,663 $
$ $ $ $ $ $ $ $ $ $ $ $ $

1653
304,337 825,793 196,787 19,500,000 147,000
36,273,746
15,080,755
0 7,230,132
992,269 95,263 23,127
767,856 1,213,574 2,124,165
214,277
12,660,663 0
1,172,184 10,725,106
0 763,373
0
State Funds 0 0 0 0
0
138,813,219 81,793,533 14,654,102 719,283 1,590,997 3,062,198 2,691,333 10,414,719 889,418 1,382,039 0 675,000 1,290,056

1654

JOURNAL OF THE SENATE

Capital Outlay: New Construction Repairs and Maintenance Land Acquisition Support Wildlife Management Area Land Acquisition Shop Stock - Parks User Fee Enhancements Buoy Maintenance Waterfowl Habitat Paving at State Parks and Historic Sites
Grants: Land and Water Conservation Georgia Heritage 2000 Grants Recreation Chattahoochee River Basin Grants
Contracts: Paralympic Games Technical Assistance Contract Corps of Engineers (Cold Water Creek State Park) Georgia State Games Commission U. S. Geological Survey for Ground Water Resources U.S. Geological Survey for Topographic Mapping
Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust Fund Payments to Georgia Agricultural Exposition
Authority Payments to McIntosh County Georgia Regional Transportation Authority Community Green Space Grants

Total Funds Budgeted
Receipts from Jekyll Island State Park Authority Receipts from Stone Mountain Memorial
Association Receipts from Lake Lanier Islands
Development Authority Receipts from North Georgia Mountain Authority
Indirect DOAS Funding

State Funds Budgeted

Departmental Functional Budgets

Commissioner's Office

$

Program Support

$

Historic Preservation

$

Parks, Recreation and Historic Sites

$

Coastal Resources

$

Wildlife Resources

$

Environmental Protection

$

Pollution Prevention Assistance

$

Total

$

$ $ $ $ $ $ $ $ $
$ $ $ $
$ $ $ $
$ $ $ $ $
$ $ $ $
$ $
$
$ $ $
$
Total Funds 35,806,282 $ 5,944,446 $ 3,070,710 $ 38,802,026 $ 2,337,721 $ 37,490,844 $ 50,118,970 $ 865,262 $
174,436,261 $

860,176 2,856,663
243,750 982,330 350,000 1,300,000
74,250 0
500,000
800,000 341,000 300,000
0
0 0 170,047 210,218
300,000 0
66,000 7,595,077 6,132,574
2,091,498 100,000 0
30,000,000
174,436,261 840,190
0
2,663,931 1,434,982
200,000
138,813,219
State Funds 35,791,282 5,944,446 2,580,710 19,342,255 2,166,859 32,214,873 39,907,532 865,262
138,813,219

Thursday, March 16, 2000

1655

B. Budget Unit: Georgia Agricultural Exposition Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Georgia Agricultural Exposition Authority

$

Section 24. State Board of Pardons and Parole.
Budget Unit: Board of Pardons and Paroles Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Jail Subsidy Health Services Purchases
Total Funds Budgeted

State Funds Budgeted

Section 25. Department of Public Safety.
A. Budget Unit: Department of Public Safety 1. Operations Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

$
$ $ $ $ $ $ $ $ $ $
$
$
Total Funds
6,199,598 $
$ $ $ $ $ $ $ $ $ $ $ $
$
$
$
$ $ $ $ $ $ $ $ $

0
3,110,417 2,024,181
25,000 10,000 95,000 15,000
0 80,000 840,000
0
6,199,598
0
State Funds
0
48,206,718 38,168,253 1,697,625
530,000 230,199 190,000 591,200 3,038,958 1,065,000 2,014,983 660,500
20,000
48,206,718
48,206,718
110,716,834
66,667,287 8,722,257
146,036 4,632,350
356,690 3,156,710
28,962 2,744,147 1,129,300

1656

JOURNAL OF THE SENATE

State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports
Total Funds Budgeted Indirect DOAS Service Funding
State Funds Budgeted 2. Driver Services Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Conviction Reports State Patrol Posts Repairs and Maintenance Driver License Processing
Total Funds Budgeted Indirect DOAS Service Funding
State Funds Budgeted

Departmental Functional Budgets

Administration

$

Driver Services

$

Field Operations

$

Total

$

B. Budget Unit: Units Attached for Administrative Purposes Only

Attached Units Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay

Total Funds Budgeted

$ $ $
$ $
$
$ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 23,180,099 $ 24,637,995 $ 64,548,740 $
112,366,834 $
$
$ $ $ $ $ $ $ $ $ $ $ $
$

145,100 0 0
87,728,839 1,650,000
86,078,839
19,991,192 1,112,113
20,000 0
62,343 0
47,262 273,300
59,000 0
303,651 34,900
2,734,234
24,637,995 0
24,637,995
State Funds 21,680,099 24,637,995 64,398,740
110,716,834
15,086,145
9,530,947 2,642,975
99,389 78,020 197,746 244,185 323,927 304,084 321,062 2,425,200 2,972,908 150,000
19,290,443

Thursday, March 16, 2000

State Funds Budgeted

Departmental Functional Budgets

Office of Highway Safety

$

Georgia Peace Officers Standards and Training

$

Police Academy

$

Fire Academy

$

Georgia Firefighters Standards and Training Council

$

Georgia Public Safety Training Facility

$

Total

$

Section 26. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System
Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted

State Funds Budgeted

Section 27. Public Service Commission.
Budget Unit: Public Service Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Transportation

$

Utilities

$

Total

$

Section 28. Board of Regents, University System of Georgia.

A. Budget Unit: Resident Instruction Personal Services:

$
Total Funds 3,499,544 $ 1,533,430 $ 1,190,424 $ 1,230,113 $ 475,357 $ 11,361,575 $
19,290,443 $

1657
15,086,145
State Funds 569,246
1,533,430 1,100,424 1,120,113
475,357 10,287,575
15,086,145

$

17,642,000

$

625,000

$

17,017,000

$

17,642,000

$

17,642,000

$ $ $ $ $ $ $ $ $ $
$
$
Total Funds 2,634,412 $ 4,280,731 $ 4,921,923 $
11,837,066 $

8,996,591 8,890,284
594,856 263,062 207,184
61,236 378,286 327,795 220,072 894,291
11,837,066
8,996,591
State Funds 2,634,412 1,713,567 4,648,612
8,996,591

$

1,400,928,629

1658

JOURNAL OF THE SENATE

Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay
Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding
State Funds Budgeted
B. Budget Unit: Regents Central Office and Other Organized Activities
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Fire Ant and Environmental Toxicology Research Agricultural Research Advanced Technology Development Center/ Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Regents Scholarships Rental Payments to Georgia Military College CRT Inc. Contract at Georgia Tech Research Institute 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
Regents Central Office and Other Organized Activities

$

1,484,390,822

$

215,731,047

$

372,569,190

$

637,169,805

$

52,112,028

$

1,132,248

$

365,217

$

979,646

$

14,296,890

$

640,000

$

2,779,386,893

$

103,648,940

$

852,900,852

$

418,868,972

$

3,039,500

$

1,400,928,629

$

175,948,376

$

307,626,146

$

119,541,146

$

139,951,984

$

61,560,179

$

0

$

2,724,454

$

18,509,539

$

0

$

0

$

5,981,083

$

1,397,525

$

600,000

$

0

$

1,390,021

$

127,604

$

20,123,558

$

679,533,239

$

4,361,597

$

192,537,069

$

306,142,697

$

543,500

$

175,948,376

Total Funds

State Funds

Thursday, March 16, 2000

Marine Resources Extension Center

$

Skidaway Institute of Oceanography

$

Marine Institute

$

Georgia Tech Research Institute

$

Advanced Technology Development Center/

Economic Development Institute

$

Agricultural Experiment Station

$

Cooperative Extension Service

$

Medical College of Georgia Hospital and Clinics

$

Veterinary Medicine Experiment Station

$

Veterinary Medicine Teaching Hospital

$

Georgia Radiation Therapy Center

$

Athens and Tifton Veterinary Laboratories

$

Regents Central Office

$

Total

$

C. Budget Unit: Georgia Public Telecommunications Commission

Personal Services Operating Expenses General Programming Distance Learning Programming

Total Funds Budgeted Other Funds
State Funds Budgeted

D. Budget Unit: Lottery for Education Equipment, Technology and Construction Trust Fund Georgia Public Telecommunications Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research Alliance Capital Outlay
Total Funds Budgeted
Lottery Funds Budgeted
Section 29. Department of Revenue.
Budget Unit: Department of Revenue Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

2,475,917 $ 5,388,584 $ 1,860,083 $ 112,016,999 $
18,509,539 $ 72,330,311 $ 59,485,074 $ 359,645,981 $ 3,498,796 $ 5,305,326 $ 3,625,810 $ 3,353,970 $ 32,036,849 $
679,533,239 $
$
$ $ $ $
$ $
$
$ $ $ $ $ $ $
$
$
$ $ $ $ $ $ $ $ $ $

1659
1,612,892 1,818,584 1,093,391 10,205,682
9,022,830 44,371,676 36,666,887 35,157,138 3,498,796
570,500 0 0
31,930,000
175,948,376
0
10,520,302 14,217,994 4,040,278 4,855,685
33,634,259 33,634,259
0
10,966,000 0
2,000,000 1,500,000 7,466,000
0 0
10,966,000
10,966,000
265,814,422 65,211,200 5,192,424 1,170,983 293,267 312,814 11,256,572 2,914,564 3,172,830 1,201,600

1660

JOURNAL OF THE SENATE

County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Motor Vehicle Tags and Decals Postage Investment for Modernization Homeowner Tax Relief Grants
Total Funds Budgeted Indirect DOAS Services Funding
State Funds Budgeted

Departmental Functional Budgets

Departmental Administration

$

Internal Administration

$

Information Systems

$

Compliance Division

$

Income Tax Unit

$

Motor Vehicle Unit

$

Property Tax Unit

$

Sales Tax Unit

$

State Board of Equalization

$

Taxpayer Accounting

$

Alcohol and Tobacco

$

Total

$

Section 30. Secretary of State.
A. Budget Unit: Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Election Expenses Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Internal Administration

$

Archives and Records

$

Business Services - Corporations

$

Business Services - Securities

$

Elections and Campaign Disclosure

$

Drugs and Narcotics

$

$ $ $ $ $ $
$ $
$
Total Funds 20,495,668 $ 4,391,675 $ 10,734,339 $ 25,455,604 $ 8,501,078 $ 17,183,562 $
170,125,059 $ 5,091,345 $ 20,000 $ 6,303,459 $ 2,891,088 $
271,192,877 $
$ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 4,271,040 $ 5,048,256 $ 2,498,222 $ 2,047,784 $ 4,533,402 $ 1,326,723 $

3,422,795 0
2,654,350 3,486,810 4,902,668 166,000,000
271,192,877 3,845,000
265,814,422
State Funds 20,495,668 4,241,675 9,719,139 25,315,604 8,201,078 15,883,562
168,591,604 4,991,345 20,000 5,463,659 2,891,088
265,814,422
30,250,419 18,224,809 2,942,736
230,150 177,357
66,481 2,901,446 2,990,229
846,455 1,284,856
640,900 990,000
31,295,419
30,250,419
State Funds 4,241,040 4,973,256 1,778,222 1,997,784 4,513,402 1,326,723

Thursday, March 16, 2000

State Ethics Commission

$

State Examining Boards

$

Holocaust Commission

$

Total

$

B. Budget Unit: Real Estate Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Real Estate Commission

$

Section 31. Soil and Water Conservation Commission.
Budget Unit: Soil and Water Conservation Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Conservation Grants
Total Funds Budgeted

State Funds Budgeted

Section 32. Student Finance Commission.
A. Budget Unit: Student Finance Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

617,895 $ 10,715,155 $
236,942 $
31,295,419 $
$ $ $ $ $ $ $ $ $ $
$
$
State Funds
2,305,430 $
$ $ $ $ $ $ $ $ $ $ $
$
$
$ $ $ $ $ $ $

1661
617,895 10,565,155
236,942
30,250,419
2,305,430 1,400,000
175,000 18,000 0 10,000
318,945 170,085
69,400 144,000
2,305,430
2,305,430
Cost of Operations
2,345,430
2,488,797 1,604,368
305,724 41,285 93,741 17,933 20,528
124,852 28,957
868,202 87,000
3,192,590
2,488,797
35,029,147 529,432 26,355 21,257 0 6,300 20,233

1662

JOURNAL OF THE SENATE

Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Payment of Interest and Fees Guaranteed Educational Loans Tuition Equalization Grants Student Incentive Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants Paul Douglas Teacher Scholarship Loans Work Incentive for Students
Total Funds Budgeted

State Funds Budgeted Departmental Functional Budgets

Georgia Student Finance Authority

$

Georgia Nonpublic Postsecondary Education

Commission

$

Total

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 34,314,735 $
714,412 $
35,029,147 $

B. Budget Unit: Lottery for Education

$

HOPE Financial Aid - Tuition

$

HOPE Financial Aid - Books

$

HOPE Financial Aid - Fees

$

Tuition Equalization Grants

$

Hope Scholarships - Private Colleges

$

Georgia Military College Scholarship

$

LEPD Scholarship

$

Teacher Scholarships

$

Promise Scholarships

$

Engineer Scholarships

$

Pell Grant Offset

$

Total Funds Budgeted

$

Lottery Funds Budgeted

$

Section 33. Teachers' Retirement System.

Budget Unit: Teachers' Retirement System

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

50,438 13,691 46,706
0 4,669,455 27,886,156
0 68,000 337,500 60,500 40,000 739,412
0 513,712
35,029,147
35,029,147
State Funds 34,314,735
714,412
35,029,147
225,882,697 112,874,779
31,591,018 18,958,716
0 33,311,070
839,784 232,330 3,500,000 975,000 600,000 23,000,000
225,882,697
225,882,697
3,270,000 7,287,093
350,300 20,500 0 6,000
967,909 622,335 219,698

Thursday, March 16, 2000

Per Diem, Fees and Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems H.B.203 - Teachers' Accrued Sick Leave
Total Funds Budgeted

State Funds Budgeted

Section 34. Department of Technical and Adult Education.
A. Budget Unit: Department of Technical and Adult Education
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Salaries and Travel of Public Librarians Public Library Materials Talking Book Centers Public Library Maintenance and Operation Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Institutional Programs

$

Total

$

B. Budget Unit: Lottery for Education
Computer Laboratories and Satellite Dishes-Adult Literacy
Capital Outlay Capital Outlay - Technical Institute Satellite Facilities Equipment-Technical Institutes Repairs and Renovations - Technical Institutes

$ $ $ $ $
$
$
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 11,897,382 $
344,916,835 $
356,814,217 $
$
$ $ $ $ $

1663
333,500 0
3,100,000 170,000 0
13,077,335
3,270,000
278,557,892 8,418,204 598,890 177,380 0 145,000 940,529 544,265 926,328 146,786 16,472,191 6,357,426 1,113,974 8,525,736 5,783,907
206,598,523 60,999,037 6,323,754 19,618,824 3,623,463 9,500,000
356,814,217
278,557,892
State Funds 8,813,732
269,744,160
278,557,892
12,500,000
0 0 0 12,500,000 0

1664

JOURNAL OF THE SENATE

Total Funds Budgeted

$

Lottery Funds Budgeted

$

Section 35. Department of Transportation.

Budget Unit: Department of Transportation

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Capital Outlay

$

Capital Outlay - Airport Aid Program

$

Mass Transit Grants

$

Harbor Maintenance/Intra-Coastal

Waterways Maintenance and Operations

$

Contracts with the Georgia Rail Passenger Authority

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Functional Budgets Motor Fuel Tax Budget Planning and Construction Maintenance and Betterments Facilities and Equipment Administration
Total General Funds Budget Planning and Construction Maintenance and Betterments Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal Waterways Activities
Total

Total Funds

$

1,169,651,454 $

$

231,171,912 $

$

19,606,694 $

$

33,141,361 $

$ 1,453,571,421 $

$

65,000 $

$

250,030 $

$

2,894,044 $

$

21,205,628 $

$

710,855 $

$

25,125,557 $

Section 36. Department of Veterans Service.

Budget Unit: Department of Veterans Service

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

12,500,000
12,500,000
591,536,390 273,978,188
63,813,492 2,188,931 2,000,000 9,645,685 12,829,146 1,335,963 4,492,508 94,456,742 995,396,143 4,841,866 12,451,793
710,855 555,666
1,478,696,978
591,536,390
State Funds 314,595,088 214,188,857
18,874,694 32,341,361
580,000,000
65,000 250,030 2,356,833 8,153,672 710,855
11,536,390
19,712,427 5,539,711 297,803 100,000 0 163,057 27,080 264,941 83,660

Thursday, March 16, 2000

Per Diem, Fees and Contracts Operating Expense/Payments to Medical College
of Georgia Capital Outlay WWII Veterans Memorial Regular Operating Expenses for Projects and
Insurance
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Veterans Assistance

$

Education and Training

$

Veterans Nursing Home-Augusta

$

Total

$

Section 37. Workers' Compensation Board.
Budget Unit: Workers' Compensation Board Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Payments to State Treasury
Total Funds Budgeted

State Funds Budgeted

Section 38. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (Issued) Motor Fuel Tax Funds (Issued)

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

Section 39. Provisions Relative to Section 3,

$ $ $ $ $ $
$
Total Funds 21,419,752 $ 0$ 7,994,999 $ 29,414,751 $
$ $ $ $ $ $ $ $ $ $ $ $
$
$ $ $
$ $ $

1665
14,810,500 7,691,999
0 0 436,000 29,414,751
19,712,427
State Funds 15,340,092 0 4,372,335 19,712,427
11,732,640 9,630,037 434,815 140,600 0 9,288 220,320 1,206,524 251,656 99,400 0
11,992,640
11,732,640
507,461,866 25,000,000
532,461,866
0 0 0

1666

JOURNAL OF THE SENATE

Judicial Branch.

The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 40. Provisions Relative to Section 4, Department of Administrative Services.

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

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2000 of all vehicles purchased or newly leased during Fiscal Year 2000.

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 41. Provisions Relative to Section 7, Department of Community Affairs.

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

RECIPIENT Board of Education Augusta/Richmond County Board of Education Augusta/Richmond County Augusta/Richmond County

DESCRIPTION Purchase athletic equipment and uniforms for the Glenn Hills High School in Augusta/Richmond County Purchase equipment, furnishings for use in the technical program at Glenn Hills High School in Augusta/Richmond County Operating funds for CSRA Transitional Center, Inc. in Augusta/Richmond County

AMOUNT

$

10,000

$

15,000

$

15,000

Thursday, March 16, 2000

1667

Board of Education Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County
Augusta/Richmond County
Board of Education Burke County Board of Education Burke County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County City of Riverdale
Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Gwinnett County
Board of Education Tattnall County Tattnall County
City of Claxton Board of Education Clayton County
Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education

Purchase equipment for Terrace Manor Elementary School in

Augusta/Richmond County

$

Operating funds for Augusta/Richmond Opportunities Center, Inc. $

Operating funds for Neighborhood Improvement Project, Inc.

(provides health care services, and counseling programs) in

Augusta/Richmond County

$

Operating funds to supplement cost of running summer programs

at the Belle-Terrace Community Center in Augusta/Richmond

County

$

Purchase a computerized reading program (Waterford Program)

for primary schools in Burke County

$

Installation, site set up and training fees for distance learning

classes in Burke County

$

Operating funds for the fine arts and band programs at North

Clayton High School in Clayton County

$

Purchase playground equipment for Northcutt Elementary School

in Clayton County

$

Purchase playground equipment for E. W. Oliver Elementary

School in Clayton County

$

Purchase playground equipment for Church Street Elementary

School in Clayton County

$

Improvements for city park including repairs and purchasing

equipment in the City of Riverdale

$

Purchase playground equipment for West Clayton Elementary

School in Clayton County

$

Operating funds for the athletic program, fine arts and band

programs at North Clayton Middle School in Clayton County

$

Operating funds for fine arts and band programs at Riverdale

High School in Clayton County

$

Operating funds for the athletic program at Riverdale High

School in Clayton County

$

Operating funds for the athletic program, fine arts and band

programs at Riverdale Middle School in Clayton County

$

Purchase playground equipment at Riverdale Elementary School

in Clayton County

$

Operating funds for the athletic program at North Clayton High

School in Clayton County

$

Purchase equipment for Creative Enterprises, Inc. at Gwinnett

County

$

Expand and improve the canning plant at Tattnall County High

School

$

Operating funds for the East Collins Community Center after

school program in Tattnall County

$

Purchase equipment for Claxton Police Department

$

Repair and renovate P.E. Athletic Field and purchase uniforms

and athletic equipment for Lovejoy Middle School in Clayton

County

$

Purchase equipment and security monitors for Pointe South

Middle School in Clayton County

$

Funding to complete student services at the newly completed

M.D. Roberts Middle School in Clayton County

$

Construct an outdoor pavilion at Lee Street Elementary in

Clayton County

$

Construct a black top area for P.E. instruction at Pointe South

Elementary in Clayton County

$

Purchase playground and outdoor fitness equipment for the new

10,000 10,000
10,000
5,000 50,000 15,000 10,000
5,000 5,000 5,000 10,000 5,000 10,000 10,000 10,000 5,000 5,000 10,000 50,000 25,000 10,000 40,000
2,500 10,000
8,000 10,000
9,000

1668

JOURNAL OF THE SENATE

Clayton County

Hawthorne Elementary School in Clayton County

$

Board of Education

Improvements to the marching band practice field for the fine

Clayton County

arts program at Lovejoy High School in Clayton County

$

Board of Education

Purchase audio/visual equipment for computer technology

Clayton County

instruction at Jonesboro Middle School in Clayton County

$

Board of Education

Restore the Old Mundy Mill in Clayton County

$

Clayton County

Board of Education

Complete a walking track for the students at Brown Elementary

Clayton County

School in Clayton County

$

Fulton County

Operating funds to conduct an after school tutorial program

by Old National Merchants Assoc./WrapAround Collaborative

in Fulton County

$

Clayton County

Purchase new furniture and laptop computer for the Clayton

County Aging Program Advisory Board

$

Clayton County

Operating funds for the Calvary Refuge Center shelter for the

homeless in Clayton County

$

City of Allentown

Purchase a hitch tractor for the City of Allentown

$

Jones County

Develop a feasibility study and comprehensive plan for sewer

system improvements in Gray and Jones County

$

Jones County

Purchase van for the 4-H Club Program in Jones County

$

Twiggs County

Renovate courthouse in Twiggs County

$

Jones County

Purchase materials and labor for restoration and repair of the

Jones County Public Library

$

City of Savannah

Purchase green space/park for Liberty City Community in

the City of Savannah

$

City of Valdosta

Operating funds for the Valdosta Food Bank

$

City of Valdosta

Maintenance and repairs for Valdosta/Lowndes Arts Commission $

City of Valdosta

Repair Lowndes County Historical Society and Museum building $

Lowndes County

Operating funds for after school learning lab for the Boy's

and Girl's Club of Valdosta, Inc.

$

Columbus/Muscogee County Operating funds for the Outreach Programs at Boys and Girls

Clubs of Columbus, Inc.

$

Columbus/Muscogee County Purchase a shelter facility for the Children's Emergency

Shelter and Assessment Center

$

Columbus/Muscogee County Operating funds for Metropolitan Columbus Task Force

for the Homeless

$

Clayton County

Operating funds for the Clayton Clean and Beautiful program

Commission

for educational information

$

Board of Education

Clayton County

Purchase books for the Jonesboro Middle School library

$

Board of Education

Purchase projection device for the M.D. Roberts Middle School

Clayton County

technology addition in Clayton County

$

Clayton County

Landscaping at Clayton County Department of Transportation $

Thomas County

Renovation and repairs to the Thomas County courthouse

clock and tower

$

Thomas County

Purchase/install an acoustical ceiling and purchase furniture

and equipment at the Marguerite Neel Williams Boys and

Girls Club of Thomas County

$

Board of Education

Operating funds for the "Georgia Garden of Opportunity"

Fulton County

outdoor classroom at Webb Bridge Middle School

in Fulton County

$

Board of Education

Construction and purchase supplies for the "Science Fair

Fulton County

Project" classroom at Medlock Bridge Elementary School

$

City of Hazelhurst

Purchase property for Hazelhurst Community Center

$

Jeff Davis County

Provide for after school program specializing in the arts for

Jeff Davis Arts Council

$

7,500 3,000 2,500 5,000
2,500
50,000 10,000 50,000 20,000 25,000 28,000 19,000
8,000 50,000 35,000
5,000 5,000 15,000 120,000 100,000 25,000 15,000 4,800 4,800 10,000 10,000
30,000
10,000 40,000 25,000 10,000

Thursday, March 16, 2000

1669

Board of Education Jeff Davis County City of Denton
Jeff Davis County Appling County City of Baxley
City of Baxley
Development Authority of Jeff Davis County
City of Roswell
Henry County
Board of Education Henry County Board of Education Henry County City of McDonough
City of Eatonton Oglethorpe County
Board of Education Greene County City of Adairsville City of Cave Springs
Board of Education Gwinnett County Gwinnett County Telfair County Development Authority Board of Education Telfair County Dodge County Dodge County Bleckley Co
Bleckley County Bleckley County City of Cochran City of Cochran Richmond County
Richmond County
Richmond County
Augusta/Richmond Co
Augusta/Richmond Co

Improvements to the Jeff Davis High School Tennis Court

$

Purchase/install lights for the recreational center in the City

of Denton

$

Public Safety Park for the Jeff Davis County EMS

$

Improvements to the Long Branch Community Center building $

Rebuild and upgrade the picnic pavilion at Ernest J. Parker

park in Baxley

$

Purchase breathing equipment for each fire department in

the City of Baxley

$

Completion of structural study of historic residence for use

as tourism complex for the Jeff Davis County Development

$

Authority

Promote the Chattahoochee River Trail System for the Roswell

Convention and Visitors Center

$

Provide maintenance for the Flint Circuit Council on Family

Violence in Henry County

$

Purchase/install lighting for the girl's softball field at

Stockbridge High School in Henry County

$

Purchase equipment for Stockbridge Middle School

Technology Team in Henry County

$

Purchase/install lighting for recreation ballfields at

Alexander Park in the City of McDonough

$

Historic Madison Avenue School Project in the City of Eatonton $

Renovate the Crawford Clubhouse at the Oglethorpe County

Recreation Dept.

$

Renovate Historic Greene County Jail

$

Renovation of the firehall in the City of Adairsville

$

Repair/replace roof for the city building and purchase fire

equipment for the City of Cave Springs

$

Improvements to the Duluth Youth Softball field at Duluth

High School in Gwinnett County

$

Restore the Lawrenceville-Gwinnett Historical Cemetery

$

Operating funds for the Telfair County Development

Authority

$

Operating funds for the Telfair County athletic program

$

Repair Dodge County courthouse and purchase computers

$

Operating funds for the Dodge County Recreation Commission $

Operating funds for the recreation departments in Bleckley

County

$

Purchase technology equipment for Bleckley County public safety $

Operating funds for the Bleckley County Fire Department

$

Recreation facility planning and renovation in the City of Cochran $

Develop a master plan for the Cochran Airport

$

Promote collection and management efforts of the

Augusta/Richmond County Museum

$

Purchase food for the poor by the Harrisburg Westend

Neighborhood Association Inc.

$

Restore the Boyhood home of President Woodrow Wilson

and the Boyhood home of U.S. Supreme Court Justice Joseph

Rucker Lamar by Historic Augusta, Inc.

$

Replace a portion of flowers lost during last year's drought in

Augusta/Richmond County

$

Repair and purchase/install new seating for the Imperial

25,000
10,000 5,000 5,000
5,000
10,000
5,000
10,000
10,000
10,000
10,000
10,000 40,000
20,000
40,000 40,000
45,000
50,000 25,000
25,000
20,000 55,000 10,000
10,000 10,000 10,000 15,000 10,000
25,000
25,000
25,000
25,000

1670

JOURNAL OF THE SENATE

Theater in Augusta/Richmond County

$

Augusta State University

Rehabilitate the University Golf Course through the Augusta

Golf Association

$

City of Fayetteville

Restore the historic Hollingsworth House in the City of

Fayetteville

$

City of Concord

Upgrade the City of Concord municipal water system

$

Upson County

Improvements to the recreation facility in Upson County

$

City of Kingston

Operating funds for the museum in the City of Kingston

$

Polk County

Operating funds for Polk County Recreation Commission

$

City of Rockmart

Provide recreational funds for the City of Rockmart

$

City of Euharlee

Recreation and parks improvements for the City of Euharlee

$

City of Aragon

Recreational and parks improvements for the City of Aragon

$

City of Cedartown

Recreational improvements for the City of Cedartown at

Northwest Field and Little League

$

Columbus/Muscogee County Match challenge grants for the Human Experience Theater in

Columbus/Muscogee County

$

Columbus/Muscogee County Operating funds for day care center at Easter Seals of West

Georgia, Inc. in Columbus/Muscogee County

$

City of Tybee Island

Funds for educational beach walks and ecosystem tours for

school children for the City of Tybee Island

$

City of Tybee Island

Purchase/install snow fencing for Tybee Island beach work

$

City of Atlanta

Provide housing residential improvement and economic

development for Pittsburgh Community Improvement

Association in the City of Atlanta

$

City of Atlanta

Pilot program for the Awareness of Prevention of Substance

Abuse for the Fulton Atlanta Community Action Authority,

Inc. in Atlanta

$

Liberty County

Construct and equip swimming pool for the Liberty County

Recreation Department

$

City of Hinesville

Equip fire station in the City of Hinesville

$

City of Walthourville

Purchase equipment for the City of Walthourville

$

Gwinnett County

Improvements for athletic facilities at Shiloh High School in

Gwinnett County

$

Board of Education

Mobile classroom unit for Ware County Magnet School and

Ware County

acoustical improvements at Ware County High Gym

$

Ware County

Improvements at the Ware County Recreation Department

$

Ware County

Joint Tourism Program for Ware and Pierce Counties

$

Ware County

Drain tile installation at the Pierce County Industrial Park

site and site preparation for the Ware County Industrial Park

$

Clayton County

Construction at the Rainbow House, Inc. in Clayton County

$

Dougherty County

Operating funds for the Dougherty County Community Coalition $

Dougherty County

Operating Funds for River Rd Inc., d/b/a SAFEC-South Albany

Family Enrichment Collaborative

$

Miller County

Renovation of Miller County Extension Building

$

City of Colquitt

Construct a new baseball/softball facility on Milford Road in

Colquitt

$

Troup County

Purchase fixtures, furniture and equipment for the W. J. Griggs

recreation center in Troup County

$

City of Manchester

Renovate and expand the capacity of the public day care center

for day care slots in the City of Manchester

$

City of Luthersville

Repairs and renovations to the old Luthersville Elementary

School

$

Dougherty County

Construct a memorial to confederate soldiers including the

landscaping of a one acre park in Dougherty County

$

Board of Education

Purchase technology and equipment for Spalding, Woodland,

Fulton County

Roberts Road, Heards Ferry, and High Point Elementary Schools $

25,000
25,000
10,000 25,000 25,000 10,000 30,000 30,000 30,000 20,000
30,000
25,000
40,000
25,000 50,000
50,000
10,000
20,000 20,000 10,000
50,000
50,000 25,000 10,000
25,000 50,000 25,000
10,000 25,000
5,000
20,000
25,000
30,000
25,000
50,000

Board of Education Pulaski County Crisp County City of Pinehurst
Board of Education Cobb County Bibb County Board of Education Stewart County Stewart County
City of Cusseta Board of Education Randolph County Chattahoochee County
City of Dalton
Dawson Downtown Development Authority Board of Education Calhoun County City of Dawson Marion County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Athens/Clarke County
Athens/Clarke County
Clarke County
City of East Point DeKalb County
Board of Education DeKalb County Douglas County
City of Pine Lake
DeKalb County

Thursday, March 16, 2000

1671

Purchase uniforms and equipment for Hawkinsville High School

Band in Pulaski County

$

Operating and maintenance funds for Crisp Area Art Alliance

$

Renovate the Old Depot in City of Pinehurst for Community

Gathering Center

$

Purchase/install technology connections, wiring, security

systems at Powers Ferry Elementary School in Cobb County

$

Planting and beautification of southern gateway into Bibb County $

Purchase uniforms, instruments, and equipment for the Stewart

County School for the Arts

$

Purchase a rescue truck and equipment for the Stewart County

EMS

$

Operations for City Pound in the City of Cusseta

$

Carpet and floor replacement from flooded areas at Randolph

County Elementary

$

To drill a groundwater well and replace pump in Chattahoochee

County

$

Establishment of official visitors center through the Dalton

Convention and Visitors Bureau

$

Creation of park area for Main Street for the Dawson Downtown

Development Authority

$

Purchase athletic equipment for Calhoun County

$

Restore Carnegie Library in the City of Dawson

$

Recreation improvements and expansions in Marion County

$

Create a nature learning trail for Martinez Elementary in

Columbia County

$

Purchase classroom computers for Riverside Elementary

School in Columbia County

$

Athletic improvements at Lakeside High School in Columbia

County

$

Purchase classroom computers for Blue Ridge Elementary in

Columbia County

$

Refurbish football stadium and field houses at Evans Middle

School in Columbia County

$

Band room improvements at Evans High in Columbia County

$

Purchase classroom computers for Stevens Creek Elementary in

Columbia County

$

Upgrade computers and expand services at the Athens

Neighborhood Health Center

$

Operating funds for Athens Child Development, Inc. for

emergency child care

$

Operating funds for Northeast Ga. Health Center for the Patient

Cardiovascular Disease Prevention Project in East Athens

$

Start Up and Operations of Atlanta Fulton Council on Youth

$

Purchase van, insurance and maintenance for Scottdale Child

Development and Family Resource Center, Inc. DeKalb County $

Operating funds for the Clarkston Community Center in DeKalb

County

$

Operation of the emergency 911 dispatch system in Douglas

County

$

Safety and maintenance of public buildings in the City of Pine

Lake

$

Operating funds for Art Station, Inc. after school art time and

summer programs in DeKalb County

$

40,000 20,000 15,000 25,000 30,000 10,000 10,000
5,000 35,000 40,000
2,500 30,000 10,000 40,000 15,000
5,000 5,000 25,000 5,000 5,000 25,000 5,000 20,000 30,000 25,000 50,000 40,000 20,000 40,000 20,000 25,000

1672

JOURNAL OF THE SENATE

DeKalb County City of Sycamore
City of Sumner
City of Sylvester
City of Rebecca
City of TyTy
City of Ashburn
City of Sylvester
City of Atlanta Fulton County
City of Atlanta
Berrien County
City of Adel Cook County City of Nashville
Berrien County Augusta/Richmond County
Augusta/Richmond County
City of Rochelle City of Pitts
Ben Hill County Ben Hill County
Wilcox County
City of Pineview
Irwin County Irwin County
City of Pitts City of Abbeville
Ben Hill County Town of Mitchell
Glascock County
Board of Education Taliaferro County Warren County

Renovations at the Art Station Inc. in DeKalb County

$

Improvements to City Park and purchase recreation equipment

in the City of Sycamore

$

Renovate the sprinkler system in the Old Sumner School

auditorium

$

Improvements and purchases for the Margaret Jones Public

Library

$

Construction, equipment and supplies for the City of Rebecca

recreation area

$

Improvements to the Central park walking area and recreation

equipment purchase for the City of TyTy

$

Renovation and improvements to Old City recreation department

in Ashburn

$

Renovation and improvements to historic Jeffords park in

Sylvester

$

Support a Southwest YMCA program in the City of Atlanta

$

Operating funds for the Holistic Stress Control, Inc. in Fulton

County

$

Operating funds for the Sickle Cell Foundation of Georgia in

Atlanta

$

Purchase life saving emergency equipment for the West Berrien

Volunteer Fire Department

$

Construction of Union Rd Veterans Park in the City of Adel

$

Purchase Fire Fighter Emergency Equipment in Cook County

$

Renovation project for multi- purpose building in the City of

Nashville

$

Purchase Fire Fighting Emergency Equipment in Berrien County $

Improvements to a recreation facility and adjacent facilities in

Augusta/Richmond County

$

Operating funds for Good Hope Social Services summer school

program in Augusta/Richmond County

$

Renovation and repair to City Hall in the City of Rochelle

$

Construction of a spec building for the Industrial Park in the

City of Pitts

$

Lighting for a new ballfield in Ben Hill County

$

Construct a new facility for the Fire Station #5 in Ben Hill

County

$

Construction of volunteer fire department for the Cedar Creek

Fire Department in Wilcox County

$

Expansion of building occupied by the Clerk's office, Council,

Chamber, Municipal Courtroom and Police Headquarters in the $

City of Pineview

Renovation and lighting for the Irwin County girl's softball field $

Purchase equipment and start-up for the new Pleasure Lake Fire

Department in Irwin County

$

Planning of Industrial Complex in Wilcox County

$

Completion of construction of Abbeville Fire Department

Building

$

Monitor Enrichment Program in Ben Hill County

$

Renovate and upgrade downtown sidewalk in the Town of

Mitchell

$

Renovate courthouse annex and purchase fire equipment for

Glascock County

$

Funds for land clearing/facilities for new Taliferro County

school

$

Purchase furniture/fixtures for new Warren County Courthouse $

30,000
10,000
10,000 10,000
7,500
7,500 10,000
20,000 25,000
25,000
100,000 10,000
5,000 15,000
20,000 10,000
45,000 20,000 10,000 25,000 10,000
5,000
5,000
10,000 10,000
5,000 10,000
5,000 20,000
10,000
10,000 10,000 15,000

Thursday, March 16, 2000

1673

Hancock County
Board of Education Hancock County City of Sparta
Hancock County
City of Talbotton Muscogee County
City of Woodland Talbot County Library
Board of Education Columbia County
Board of Education Columbia County Augusta/Richmond County
Board of Education McDuffie County City of Thunderbolt
City of Savannah
City of Savannah
Peach County
Taylor County City of Marshallville
Stephens County Stephens County Franklin County Toccoa/Stephens County Airport Authority City of Baldwin
City of Baldwin
City of Toccoa
City of Toccoa Lumpkin County
Banks County Board of Education Jasper County Alcovy Shores Water and Sewerage Authority (Jasper County) Jones County

Purchase turn-out gear and equipment for Hancock County

Volunteer Fire Department

$

Expand Summer Science Camp and Band Program in Hancock

County

$

Revitalization of downtown business district and sidewalks in

the City of Sparta

$

Purchase uniforms, tools, and equipment for the Hancock

Emergency Management Agency

$

Improvements to the Kiddie Park in the City of Talbotton

$

Operating funds for tutoring and recreation activities for the

Columbus Community Center Outreach

$

Purchase/install lighting for Woodland Community Park

$

Train school-age to college youths in basic computer skills in

Talbot County

$

Plant trees, shrubs and grass on the school playground and install

an irrigation system at Evans Elementary School in Columbia

County

$

Improvements to softball fields at Harlem High, Lakeside High,

and Greenbrier High (lights for three softball fields)

$

Beautify five entrances of Harlem with trees and shrubs in

Augusta Richmond County

$

Planning funds for McDuffie County Environmental Education

Center

$

Operating expenses for the Thunderbolt Council for assistance

for two major drinking water projects

$

Rebuild existing bathrooms in the W.W. Law Regional Center, a

multi-recreational center.

$

Purchase equipment and medical supplies for Savannah Health

Mission clinic

$

Replace current heating and air-conditioning system in the

Spruce Street School Complex in Peach County

$

Purchase and install tornado warning sirens in Taylor County

$

Construct a sewer service for the proposed Post Office in

Marshallville

$

Operating funds for the Civil Defense ATV in Stephens County $

Operating funds for Stephens County Volunteer Fire Depts

$

Operating funds for Gum Log Fire Dept in Franklin County

$

Planning of an airport terminal in Toccoa/Stephens County

$

Purchase duty weapons and gear for the Baldwin Police

Department

$

Purchase turn-out gear and fire fighting equipment in the City

of Baldwin

$

Initiate purchase of a 92 acre tract of land along the Tugalo

River and reconstruct a heritage village

$

Repair Toccoa Little League fields

$

Purchase computer equipment for Lumpkin County Emergency

Services

$

Upgrade computers in foster homes in Banks County

$

Improvements to athletic field/community amphi-theater in Jasper

County

$

Improvements to Alcovy Shores Public Water System in Jasper

County

$

Study and plan for sewerage system improvements in Jones

County

$

5,000 10,000 10,000
5,000 30,000 25,000 10,000 10,000
4,000 30,000
6,000 10,000 35,000 10,000 15,000 35,000 25,000 15,000
7,000 25,000
5,000 25,000
7,000 10,000 15,000 29,000 25,000
2,000 20,000 15,000
15,000

1674
Monroe County Board of Education Jasper County City of Culloden DeKalb County
DeKalb County DeKalb County DeKalb County
Screven County
Bulloch County
Bulloch County City of Cartersville
City of Harrison
Jefferson County
Bibb County
Bibb County Bibb County DeKalb County
City of Decatur
Board of Education DeKalb County
DeKalb County
Board of Education City of Marietta Bulloch County
Jenkins County Board of Education Candler County Athens/Clarke County
Athens/Clarke County
UGA - Rodeo Club Board of Education Elbert County Board of Education Elbert County Lincoln County Lincoln County Elbert County
Lincoln County

JOURNAL OF THE SENATE

Improvements to Monroe County courthouse electrical systems $

Purchase band/music program uniforms at Jasper County

schools

$

Purchase fire truck and equipment for the City of Culloden

$

Implementation of brain-based layered curriculum at Shamrock

Middle School in DeKalb County

$

Operating funds for DeKalb Clean and Beautiful projects

$

Maintenance of Lithonia Women's Club

$

Operation of athletic activities for Browns Mill Park in DeKalb

County

$

Furnish additional jail beds for the Screven County Sheriff's

Department

$

Renovate and rewire Brooklet Elementary School in Bullock

County

$

Remodel and renovate livestock center in Bulloch County

$

Improvements to the firing range at the Cartersville Police

Department

$

Renovate old building and construct new City Hall for the City

of Harrison

$

Remodel building for Chamber of Commerce and Economic

Development office in Jefferson County

$

Operating funds for the Harriette Tubman Museum in Bibb

County

$

Operating funds for the Hope initiative in Bibb County

$

Operating funds for Disabilities Connections in Bibb County

$

Construct picnic pavilion and repave main service drive at the

Gresham Park Baseball and Gresham Park Youth Football

Association in DeKalb County

$

Operating funds for Young Life South DeKalb mentoring

program

$

Purchase of materials and equipment, construction of indoor

habitat and operating funds for field trips for Cedar Grove

Middle School in DeKalb Co.

$

Operating funds for the SLAM (Students Learning and

Advancing in Math) Plus Reading program in DeKalb County $

Purchase of elementary school music keyboarding labs the City

of Marietta

$

Improvements to picnic pavilion in Brooklet Park for the

Statesboro/Bulloch County Recreation Department

$

Purchase equipment for the Jenkins County Hospital

$

Purchase furniture for a new high school in the City of Metter,

Candler County

$

Operating funds for the Food Bank of Northeast Georgia in

Athens/Clarke County

$

Purchase van for the Athens Regional Library System in

Athens/Clarke County

$

Start up funds and travel expenses to regional rodeos

$

Purchase playground equipment for Bowman Elementary

School in Elbert County

$

Purchase equipment for Elbert County High Band

$

Repairs to Lincolnton Clubhouse

$

Construct a group pavilion at Lincoln County Historical Park

$

Purchase building and equipment for the Petersburg Fire

Department in Elbert County

$

Purchase cardiac monitors for EMS in Lincoln County

$

15,000
10,000 15,000
10,000 25,000
5,000 20,000
25,000
25,000 50,000
5,000 75,000
25,000
150,000 20,000 20,000
30,000
15,000
10,000
5,000 50,000
10,000 20,000
20,000
25,000 25,000 10,000
2,500
3,500 5,000 5,000 15,000 10,000

Lincoln County
City of Rayle
Fulton County
Board of Education DeKalb County DeKalb County
Board of Education DeKalb County DeKalb County
DeKalb County
DeKalb County
Montgomery County
City of Vidalia
City of Ailey Wheeler County
City of Lyons City of Odum City of Jesup
Long County
City of Ludowici City of Screven
Wayne County City of Savannah
Chatham County
City of Buchanan City of Tallapoosa Haralson Co Board of Education City of Breman City of Conyers
Rockdale County Fulton County
Fulton County
Fulton County
Baldwin County

Thursday, March 16, 2000

1675

Operating funds for the Midway voluntary fire department

building in Lincoln County

$

Repair water system and purchase equipment for fire department

in Rayle

$

Improvements to a multipurpose facility for Harriett G. Darnell,

Sr. Center in Fulton County

$

Operating funds for an accelerated reading program at Forest

Hills Elementary School in DeKalb County

$

Operating funds for an after school tutorial and computer

literacy program at Green Forest Community Development

Corp. in DeKalb County

$

Purchase/install school sign at the Hooper-Alexander

Elementary School in DeKalb County

$

Operating funds for computer literacy programs at Mr.

Kenyada's Neighborhood, Inc. in DeKalb County

$

Operating funds for tutorial program and leadership academy

at Iam, Inc. in DeKalb County

$

Purchase music education and workshops for the South DeKalb

Youth Choir in DeKalb County

$

Renovate a county-owned recreation department softball field in

Montgomery County

$

Construct a walking trail and resurface tennis courts at the

Vidalia Recreation Department

$

Renovate the historic Ailey Rosenwald School

$

Upgrade equipment for the Recreation Department of Wheeler

County

$

Purchase and pave a lot at the Lyons Recreation Department

$

Repair and renovate Odum City Hall

$

Improvements to a city recycling area fence and shelter in City

of Jesup

$

Modify courthouse to increase records storage space in Long

County

$

Install water meter and repair station for the City of Ludowici

$

Construct tennis court and purchase defibrillator for the City of

Screven

$

Renovate Wayne County recreation and voting precinct building $

Improvements to the Cultural Affairs Commission building in

Savannah

$

Renovate and repair Savannah/Chatham Humane Society and

purchase cages

$

Operating funds for the City of Buchanan recreation department $

Operating funds for the City of Tallapoosa recreation department $

Operating funds for the Haralson recreation department

$

Purchase band equipment for the City of Breman

$

Construct a Field of Dreams for the Miracle League Located

in the City of Conyers

$

Renovate and repair the Olde Town Conyers Arts Center

$

Operating funds for the Inter-generational Resources Center in

Fulton County

$

Operating funds for the Concerned Citizens of Atlanta, Inc. in

Fulton County

$

Operating funds for Straight Talk Counseling Services, Inc. in

Fulton County

$

Pave a parking lot at Walter B. Williams, Jr. Park in Baldwin

County

$

10,000 14,000
125,000
8,000
21,000 6,000
15,000
15,000 10,000
10,000
20,000 15,000
10,000 5,000 5,000
10,000
15,000 10,000
10,000 25,000
10,000 5,000
15,000 15,000 15,000
32,000
75,000 15,000
30,000 30,000
15,000
40,000

1676
Board of Education Baldwin County Baldwin County
Baldwin County Baldwin County Emanuel County City of Wrightsville Emanuel County
Johnson County
Emanuel County
Emanuel County City of Soperton City of Kite Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County City of Savannah
Murray County
Board of Education Fannin County Board of Education Seminole County Laurens County
City of Montrose City of East Dublin
Board of Education Dublin City Schools Laurens County
City of Dudley Board of Education Franklin County City of Canon Board of Education Hart County City of Franklin Springs
City of Faulkville
Bryan County
Board of Education Bryan County Board of Education

JOURNAL OF THE SENATE

Installation of lighting project including scoreboard control

cables for high school baseball field in Baldwin County

$

Develop a countywide prioritized transportation plan in Baldwin

County

$

Purchase equipment for East Baldwin Fire Station

$

Safety improvements to a county road in Baldwin County

$

Downtown development in the Swainsboro in Emanuel County $

Repair and renovate the City of Wrightsville fire department

$

Equipment and renovate the Emanuel County volunteer fire

departments

$

Equipment and renovate the Johnson County volunteer fire

department

$

Operating funds for the East Georgia Health Cooperative in

Emanuel County

$

Purchase equipment for Emanuel County Library

$

Renovation/repair City of Soperton fire department

$

Renovate and repair community center in the City of Kite

$

Environmental class improvements for Addison Elementary

School in Cobb County

$

Purchase and installation fencing to enclose a playground area

at Bells Ferry Elementary School in Cobb County

$

Purchase lockers and basic furnishings for the Sprayberry High

School field house in Cobb County

$

Construct a multi-purpose facility at the Tom Austin House in

the City of Savannah

$

Purchase furniture, equipment, and transportation for Murray

County Senior Center

$

Renovate and repair the Epworth Community Club in Fannin

County

$

Construct and furnish weightroom and field house for Seminole

County High School and Middle School

$

Improve and purchase property for the Dublin-Laurens County

Recreation Authority for Springdale Park

$

Improvements to City of Montrose water system

$

Improvements to the Water & Sewer, Right-of-Way and Road

Construction in East Dublin

$

Purchase computers and equipment for Dublin-Laurens County

Schools

$

Operating funds for the Stepping Stone, Inc. Child Advocacy

Center in Laurens County

$

Purchase equipment for Dudley Volunteer Fire Department

$

Complete interior and furnishing of new Agriculture Center at

the Franklin County High School Ag Department

$

Improvements to the City of Canon public works water system $

Repair and replace stadium seating at Hart County High School

$

Purchase/install public works lift station for sewer system in the

City of Franklin Springs

$

Purchase Jaws of Life and additional fire-fighting equipment for

Faulkville Volunteer Fire Department

$

Renovate fishing pier and bathroom facilities and purchase

additional picnic tables at the Tivoli River recreation area in

Bryan County

$

Purchase playground equipment for Bryan County Elementary $ Purchase playground equipment for Springfield Central

25,000
10,000 15,000 10,000 50,000 28,000
15,000
11,000
10,000 10,000 17,000
5,000
5,000
15,000
40,000
75,000
40,000
35,000
25,000
25,000 10,000
15,000
5,000
20,000 25,000
20,000 25,000
15,000
25,000
5,000
3,000
10,000

Thursday, March 16, 2000

1677

Effingham County Bryan County
Board of Education Bryan County City of Guyton
Bryan County
Effingham County
DeKalb County
DeKalb County City of Macon
City of Macon
Bibb County
Bibb County
Board of Education Crawford County City of Byron Board of Education Crawford County City of Roberta
City of Fort Valley
Brooks County
Echols County City of Quitman
ABAC College City of Quitman Chattooga County
Board of Education Floyd County City of Menlo City of Atlanta
Bibb County
City of Albany
City of Albany
City of Albany
City of Gainesville
Georgia Mountains RDC

Elementary in Effingham County

$

Renovate and expand the Old Black Creek School building in

Bryan County

$

Purchase/install stand for the Bryan County High School Football

field

$

Purchase/install air conditioning and acoustics for City of Guyton

gym

$

Purchase emergency fire equipment for Bryan County Fire

Department

$

Construct a pavilion at the Meldrim Community Park in

Effingham County

$

Improvements and purchase equipment for the Central DeKalb

Youth Football

$

Construct additional fields for Central DeKalb Sports Association $

Replace/repair roof of the Booker T. Washington Community

Center facility in Macon

$

Operating funds for the Macon Police Athletic League youth

program

$

Medical assistance for indigent HIV patients at Bibb County

Health, Infectious Disease Clinic

$

Operation and staff development of the Douglas Theater in Bibb

County

$

Expansion and improvements to athletic facilities for Crawford

County High School

$

Renovate Gymnasium and Auditorium at Old Byron High School $

Construct a covered pavilion at Crawford County High School $

Operation and purchase equipment for the Crawford County

Chamber of Commerce

$

Improvements to Boys and Girls Club of Peach County facility

in the City of Fort Valley

$

Purchase firefighting equipment for the Talloakes Road

Volunteer Fire Department

$

Construction of Echols County Volunteer Fire Dept building

$

Repairing and upgrading of Humane Society Animal Shelter in

Quitman

$

Operating funds for the Animal Science Program

$

Repair to the former City Hall of Quitman

$

Purchase automatic defribrillators for the Chattooga County

Mutual Aid Assoc

$

Purchase equipment for technology programs Coosa High

School Technology Education Center in Floyd County

$

Construct a community center for the Menlo Housing Authority $

Enhance public safety for Martin Luther King, Jr. Community

Development in the City of Atlanta

$

Purchase/install lighting for soccer field for Middle Georgia

Soccer Assn. Inc. in Bibb County

$

Provide after school hour studies for the East Albany area

through the Greater Mt. Olive Outreach Center, Inc.

$

Operating funds for the Lamb Shelter Day Care Center, Inc. in

Albany

$

Provide transportation for the Slater King Adult Rehab Day

Center in the City of Albany

$

Restore water/soil sedimentation in the city park area for

Friends of the Parks in Gainesville

$

Operating funds for the Elachee Nature Science Center for the

10,000 5,000
10,000 10,000
5,000 5,000 2,500 25,000 15,000 10,000 15,000 10,000 35,000 25,000 20,000 10,000 60,000 3,000 50,000 10,000 50,000 40,000 10,000 30,000 10,000 50,000 25,000 20,000 20,000 30,000 50,000

1678
City of Doerun
City of Social Circle City of Moultrie City of Pelham City of Camilla
Board of Education Cobb County Board of Education Cobb County City of Smyrna
Cobb County
City of Smyrna Board of Education Cobb County Glynn County Glynn County
Colquitt County
Tift County Tift County
Gordon County
City of Hahira City of Fargo Board of Education Lanier County Clinch County Grady County
City of Thomasville City of Whigham Atkinson County
City of Ambrose
Atkinson County
City of Douglas
City of Pearson Board of Education Atkinson County City of Plains Sumter County
City of Folkston
City of Kingsland

JOURNAL OF THE SENATE

Georgia Mountains RDC

$

Renovation of building for use as a community center in the

City of Doerun

$

Repair of sewer line in the City of Social Circle

$

Construction of community center to serve Northwest Moultrie $

Purchase composting equipment in the City of Pelham

$

Restoration of CSX train depot in Camilla for use as

Welcome/Tourist Center

$

Improvements to the Campbell High School storage restroom

facility in Cobb County

$

Operation of the King Springs Elementary School Language

Development Program in Cobb County

$

Construct an arboretum walking trail for the Keep Smyrna

Beautiful, Inc.

$

Purchase van for Cobb/Douglas Regional Board and Service

Board in Cobb County

$

Promote the Smyrna Revitalization Authority Project

$

Purchase/install educational class sound system at Nickajack

Elementary School in Cobb County

$

Construct a county owned basketball court in Glynn County

$

Purchase/install playground equipment at Massengale Park in

Glynn County

$

Construct a building and purchase equipment for the Crossland

Fire Dept in Colquitt County

$

Operating funds for the Red Cross in Tift County

$

Development of teen court program at the YMCA Teen Court in

Tift County

$

Purchase playground equipment and repairs at Salacoa Park in

Gordon Co

$

Replace Hahira Main Street sidewalk

$

Purchase and install steam serving table in the City of Fargo

$

Improvements to Lanier County computer lab

$

Improvements to Clinch County recreation park

$

Purchase/install computer systems for the Grady County "All" $

Volunteer Fire Department in each fire station

Operating funds for the Genesis Food Park

$

Renovation of Voting Precinct / Court Room

$

Playground equipment and tractor and finishing mower for

Axson and Legion Parks

$

Purchase of lighting, playground equipment and softball

field/tennis court improvements

$

Complete the jail improvements, and safety and security, in

Atkinson County

$

Construction of Historic Bell Tower, Eastside Park and

Roundtree Park in the City of Douglas

$

Recreation and utility needs for the City of Pearson

$

Repairing high school bleachers at football field and repairing

roof at Pearson Elementary and Atkinson County High

$

Purchase/install emergency water well for City of Plains

$

Purchase firefighting and related equipment for the Lake

Blachshear Volunteer Fire Department

$

Improvements to the electrical system at the historic Mizell

House in Folkston

$

Purchase emergency equipment for the Kingsland Volunteer

Fire Department

$

25,000
20,000 30,000 25,000 25,000
25,000
25,000
5,000
5,000
10,000 10,000
5,000 10,000
20,000
10,000 10,000
5,000
25,000 30,000 15,000
15,000 15,000 10,000
50,000 10,000
15,000
5,000
10,000
15,000 10,000
20,000 34,000
50,000
20,000
25,000

Thursday, March 16, 2000

1679

Board of Education Charlton County City of Folkston
Lamar County
Butts County City of Barnesville Board of Education Lamar County City of Jenkinsburg City of Newnan Heard County Development Authority
City of Rome
Floyd County City of Rome City of Rome
Brantley County
City of Alma City of Nahunta
City of Folkston City of Patterson
Charlton County
City of Hoboken Pierce County
City of Blackshear
City of Homeland
Pierce County Brantley County
City of Patterson
City of Offerman Bacon County City of Madison
City of Watkinsville
Columbus/Muscogee County
Columbus/Muscogee County
Columbus/Muscogee County
Board of Education

Purchase playground equipment for Folkston Elementary School

in Charlton County

$

Planning and design of Okefenokee Research Center in City of

Folkston

$

Plan and construct an Agricultural Exposition Building in Lamar

County

$

Construct and operate animal shelter in Butts County

$

Repairs and improvements to City of Barnesville Fire Department $

Construct athletic field for Lamar County Middle School

$

Develop a city park in the City of Jenkinsburg

$

Remodel the Newnan Community Theater County, Inc. building $

Develop master plan for the Heard County River Commission

for a passive recreational greenway system along the

Chattahoochee River in Heard County

$

Purchase automatic defibrillators and train personnel at the Rome

Floyd County Fire Department

$

Operating funds for the Rome/Floyd Recreation Authority

$

Renovate Rome Area History Museum to meet ADA requirements $

Operating funds for the National Creative Society for "Children

Helping Children" in the City of Rome

$

Purchase equipment for the volunteer fire departments in Brantley

County

$

Purchase/install lighting for Linear Park in the City of Alma

$

Complete the City Volunteer Fire Department Building

in Nahunta

$

Purchase/install promotional signs for the City of Folkston

$

Renovate and purchase equipment for the Edward (Bud) Newton

Recreation Community Center in the City of Patterson

$

Purchase equipment for volunteer fire departments in Charlton

County

$

Improvements to the walking track in the City of Hoboken

$

Promote membership, economic development and tourism in

Pierce County

$

Purchase/install lighting and other improvements in Blackshear

City Park

$

Improvements to the outdoor walking track in the City of

Homeland

$

Completion of Lakeview Community Center in Pierce County $

Operating expenses for Dept. of Intergovernmental Relations in

Brantley County

$

Operating funds for the Patterson Recreation Department in

Patterson

$

Purchase equipment for City of Offerman

$

Purchase equipment for Bacon County Extension Service

$

Construct wheelchair accessible paved area for the J.E. Owen

Memorial Arboretum, Inc. in the City of Madison

$

Renovate the old school building into arts facility for the Oconee

Co Arts Foundation, Inc. in the City of Watkinsville

$

Operating funds for Two Thousand Opportunities, Inc. in

Columbus/Muscogee County

$

Operating funds for Project Rebound/Family Institution

Columbus/Muscogee County

$

Renovate Memorial Stadium and maintenance and operation of

Adahalia Mack Park Community Center

$

Purchase/install integrated information systems technology lab at

25,000
10,000
50,000 15,000 10,000
15,000 10,000 10,000
25,000
15,000 10,000 20,000
30,000
5,000 10,000
10,000 5,000
5,000
5,000 5,000
2,000
10,000
5,000 15,000
10,000
5,000 5,000 3,000
9,000
15,000
60,000
25,000
50,000

1680

JOURNAL OF THE SENATE

Douglas County City of LaFayette
Walker County Board of Education Walker County City of Ft. Oglethorpe
City of Chickamauga
City of LaFayette
City of LaFayette
Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Gwinnett County City of Mount Zion Board of Education Carroll County City of Villa Rica Board of Education City of Carrollton Board of Education City of Atlanta City of Atlanta DeKalb County Fulton County
City of Atlanta
City of Bloomingdale
Newton County Newton County Board of Education Newton County DeKalb County Columbus/Muscogee County
Columbus/Muscogee County Columbus/Muscogee County
Columbus/Muscogee County
DeKalb County DeKalb County Glynn County
City of Darien Liberty County
Board of Education

Alexander High School in Douglas County

$

Purchase/install playground equipment for the LaFayette Housing

Authority

$

Preservation projects for Walker County Historic

$

Purchase equipment for LaFayette High School in Walker County

$

Improve sidewalk and road improvements and Calvary museum

in City of Ft. Oglethorpe

$

Purchase filtration equipment for City of Chickmauga water

treatment plant

$

Purchase additional playground equipment at the Linwood

Memorial park in LaFayette

$

Improvements to the walking trail at the City of LaFayette

Recreation Center

$

Purchase of educational material and gym enhancements for

Rockbridge Elementary School in Gwinnett County

$

Purchase communications and electronic equipment for Nesbit

Elementary School in Gwinnett County

$

Operating funds for Meadowcreek High School in Gwinnett

County

$

Renovate of City of Mt. Zion Activity Center

$

Improvements to Temple High School Athletic facilities in

Carroll County

$

Develop ballfields and soccer fields for the City of Villa Rica

$

Upgrading athletic facilities for boys and girls in the City of

Carrollton

$

Kennedy Middle School After School Tutorial Program in

Atlanta

$

Washington Park Ballfield Improvements in Atlanta

$

Programs and services to assist youth in DeKalb

$

Provide for programs and services at the Dogwood Senior

Center in Fulton County

$

Operating funds for the Simpson Road House of Hope in the

City of Atlanta

$

Purchase emergency equipment and a used fire pumper truck

for the City of Bloomingdale

$

Operating funds for a senior center in Covington, Newton County $

Develop a park located in the City of Covington, Newton County $

Operating funds for outdoor centers, counseling project, and

DARE program in the City of Newton

$

Construct a facility for Senior Connections in DeKalb County

$

Operation of summer tutorial program for the Combined

Communities of Southeast Columbus

$

Operations of the Health Center in South Columbus

$

Operation of the Play and Learn Together program for

Columbus Extension Service

$

Operation of the Urban League of Greater Columbus for AYouth

Alive 2000"

$

Operation of the Push Push Theater in DeKalb County

$

Production costs for the DeKalb Council for the Arts

$

Purchase/install lights for the North Glynn Recreation Park

Ballfield

$

Purchase sewer vacuum truck for the City of Darien

$

Construct an outdoor classroom and restroom at the LeConte -

Woodmanston Foundation, Inc. Plantation

$

Replace cabinets and purchase lab equipment for Commerce

5,000
5,000 7,500
5,000
10,000
25,000
2,500
5,000
20,000
20,000
20,000 15,000
15,000 15,000
15,000
60,000 10,000 20,000
40,000
40,000
65,000 25,000 10,000
25,000 60,000
20,000 25,000
20,000
25,000 40,000 20,000
25,000 25,000
25,000

Thursday, March 16, 2000

1681

City of Commerce Jackson County
City of Gillsville Fulton County
DeKalb County DeKalb County
City of Helen Union County City of Tiger City of Dillard Towns County
Towns County City of Cleveland
White County
White County Board of Education Gwinnett County Board of Education Houston County City of Warner Robins
City of Warner Robins
Middle Georgia Technical Institute Houston County. Library Board Board of Education Walton County Board of Education DeKalb County Board of Education DeKalb County DeKalb County
City of Bowdon
Gilmer County
City of East Ellijay Fannin County Augusta/Richmond County Board of Education Augusta/Richmond County Augusta/Richmond County
Augusta/Richmond County

High School

$

Standardize and replace 10 SCBA's for the North Jackson Fire

Department

$

Construct and rebuild sidewalks in the City of Gillsville

$

Purchase equipment for the Georgia Association of Homes and

Services for Children for Information Management Systems in

Fulton County

$

Development of Wonderland Gardens in South DeKalb County $

Expand and renovate Exchange Park for the Glenwood Hills

Youth Association

$

Operating funds for the River Walk in the City of Helen

$

Purchase a Fire and Rescue A.T.V. vehicle in Union County

$

Purchase fire and rescue equipment for the City of Tiger

$

Renovate and repair Dillard Farmer's Market

$

Construction and purchase equipment for the new Towns

County Jail

$

Purchase fire vehicle for Towns County

$

Extend the County Sewer Line to a new school in the City of

Cleveland

$

Purchase equipment for Evening Star Music Series in White

County

$

Purchase equipment for Station 5 Shoal Creek in White County $

Renovate stadium at Central Gwinnett High School

$

Lighting and improvements to Perry High School football field

in Houston County

$

Operating expenses for Warner Robins Convention and Visitors

Bureau

$

Acquisition and development of greenway corridor in the City of

Warner Robins

$

Establishment of "Seamless" Education program with Houston

County Board of Education and Macon State College

$

Repair/replace roof at Perry Library and Centerville Library in

Houston County

$

Purchase uniforms and equipment for the Monroe Area

Comprehensive High School Band in Walton County

$

Purchase of new band uniforms and instruments for each of the

high schools in DeKalb County

$

Assistance to elementary school PTA organizations in DeKalb

County

$

Renovate/repair entrances; beautification and upkeep to

community common areas; landscaping including flowers shrubs $

and sod in DeKalb County

Construct/improvements to a multi purpose recreation facility,

auditorium and gymnasium in City of Bowdon

$

Renovation of Civic Center/ambulance service quarters in Gilmer

County

$

Renovation and repairs to City Hall in East Ellijay

$

Repairs to county courthouse in Fannin County

$

Training for the Richmond County Marshal's Department

$

Purchase technology improvements for Tutt Middle School in

Augusta/Richmond County

$

Improvements to baseball field fence and dugout for girls softball

team at Westside Comprehensive High School in

Augusta/Richmond County

$

Operation of Augusta Arsenal and Carriage Works Museum

$

15,000
10,000 10,000
25,000 25,000 50,000 20,000 10,000 10,000 25,000 50,000 15,000 10,000
5,000 5,000
50,000
100,000 25,000
25,000
50,000 95,000
13,000
18,000 9,000
28,000
60,000
25,000 15,000 25,000 30,000 20,000
15,000 10,000

1682

JOURNAL OF THE SENATE

Board of Education Cobb County Cobb County Chattahoochee Board of Education Haralson County Pierce County Sumter County City of Atlanta Lowndes County City of Hartwell
DeKalb County
Pulaski County Cobb County City of Albany Forsyth County Clayton County Columbia County
Gwinnett County Wayne County Cobb County Bibb County Clayton County City of Tifton Banks County
Stephens County Appling County Athens-Clarke County Athens-Clarke County Baker County Board of Education Baldwin County Board of Education Barrow County Bartow County
Bartow County Bartow County
Bartow County
Bartow County Berrien County Bryan County
Bryan County
Camden County Chatham County
Chatham County Chattahoochee County

Expand Pebblebrook High School football stadium in Cobb

County

$

Repair and renovate South Cobb Community Center

$

Renovate classrooms for the Chattahoochee Board of Education $

Renovate Haralson County Courthouse

$

Lee Street Resource Center

$

Continue restoration effort at the Rylander Theater in Americus $

Martin Luther King, Jr. Boulevard revitalization

$

Construct Valdosta/Lowndes County Conference Center

$

Hartwell Conference Center and necessary wastewater treatment

facilities

$

Planning grant to DeKalb County Convention and Visitor's

Bureau for a cultural center

$

Restoration of the Pulaski County Courthouse

$

South Cobb redevelopment initiative

$

Civil Rights Museums in Albany

$

Feasibility study for Lake Lanier water quality council

$

Preservation/renovation of first brick house in historic Jonesboro $

Provide funds for the planning and design of the Columbia

County library

$

Train and rehabilitate workers in Gwinnett County

$

Provide funds for Historical Chattahoochee Commission

$

Provide funds for the Cobb County Veterans Memorial

$

Operating funds for Harriet Tubman Museum in Bibb County

$

Operating funds for Clayton County Greenway Council

$

Provide funds for an agricultural facility in Tifton

$

Provide funds for construction of a multi-purpose agricultural

building in Banks County

$

Provide funds for a high school cannery in Stephens County

$

Construct two buildings for the Appling County Fire Department $

Improvements to the Clarke County recreational facilities

$

Pave parking lot for the Athens Boys and Girls Club

$

Pave lot and construct playground for Baker County Schools

$

Purchase/install lighting for Baldwin High School ball field

$

Improvements to the Barrow County recreational facilities

$

Develop feasibility study and plan for the Kingston City Road

Project in Bartow County

$

Upgrade Pine Log Fire Department in Bartow County

$

Purchase equipment for Folsom Fire Department in Bartow

County

$

Renovate/construct Kingston Elementary School Outdoor

Campus in Bartow County

$

Purchase equipment for Bartow County Fire Department

$

Maintain Connell Confederate Cemetery in Berrien County

$

Purchase equipment and trucks for the Baconton Fire Station in

Bryan County

$

Purchase equipment and trucks for the Mill Creek Fire Station

in Bryan County

$

Upgrade the Fire Safety House in Camden County

$

Purchase outdoor equipment for Chatham County Recreation

Department for Lake Mayer, Scott Stell, and Tom Tripplett Parks $

Purchase books and materials for Chatham County main library $

Drill groundwater well and replace pump in Chattahoochee

30,000 30,000
75,000 50,000 125,000 450,000 100,000 750,000
1,000,000
50,000 400,000 1,000,000 75,000 32,000 50,000
50,000 50,000
4,500 250,000 150,000 68,000 100,000
200,000 200,000 16,000
8,000 21,000
20,000
20,000 8,000
28,000 8,000
8,000
9,000 7,000 40,000
12,000
12,000 32,000
24,000 40,000

Thursday, March 16, 2000

1683

Chattahoochee County Board of Education Chickamauga City Board of Education Clarke County
Clay County Development Authority Clayton County
Clayton County
Clayton County
Clayton County Board of Education Cobb County
Cobb County
Coffee County
Columbia County
Cook County Crisp County Board of Education Dade County Dawson County Decatur County Dekalb County Dekalb County Dekalb County
Dekalb County Dekalb County
Dekalb County Dekalb County Dekalb County
Dekalb County Dekalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County

County

$

Contract for services with the Chattahoochee Board of Education $

Resurface Gordon Lee High School track in Chickamauga

$

Contract for services with the Food Bank of Northeast Georgia

in Clarke County

$

Develop feasibility study and plan for proposed Clay County

retirement facility

$

Construct/repair sidewalks and drainage system for the City of

Forest Park

$

Purchase equipment for the Forest Park Athletic Association in

the City of Forest Park

$

Contract for services with the Economic Development and

Training Program, Inc. in Clayton County

$

Purchase/install lighting for Lovejoy High School softball field

in Clayton County

$

Contract for services for Sweetwater Valley Camp in Cobb

County

$

Improvements to Fuller Park Recreational Facility in Cobb

$

County

Construct activity room for Concerted Services, Inc. in Coffee

County

$

Replace radio communications for Columbia County Sherriff's

Office

$

Replace roof of Cook County Library

$

Purchase equipment for the Crisp County High School JROTC

$

Improvements to recreational facilities in Dade County

$

Construct the Dawson County High School stadium facility

$

Contract for services with Albany ARC in Decatur County

$

Contract for services with The Legacy Program in DeKalb County $

Furnish rooms at the Women's Resource Center in Dekalb County $

Expand services provided by Mary Lin Mentoring Program in

Dekalb County

$

Contract for services with Project Impact Atlanta/DeKalb, Inc. $

Purchase an emergency lift for the City of Chamblee Public

Works Department

$

Contract for services with Operation Peace in DeKalb County

$

Contract for services with the DeKalb Teen Pregnancy Program $

Expansion/renovation of Leigh Cottage of the Children's Home

in Dekalb County

$

Purchase a van in Dekalb County

$

Purchase/install computers and software for the Neighborhood

Playhouse in DeKalb County

$

Expand public awareness campaign for the Georgia Association

for Prader-Willi Syndrome, Inc. in DeKalb County

$

Contract for services with the Building Young Families in

DeKalb County

$

Construct a senior service facility for Senior Connections, Inc. in

DeKalb County

$

Contract for services with the Epidemic program concerning

AIDS in DeKalb County

$

Purchase and renovate Transitional Home for Women and Girls

facility in Dekalb County

$

Purchase van and maintenance Scottsdale Child Development

60,000
60,000
24,000
20,000
60,000
100,000
25,000
8,000
33,000
100,000 20,000
40,000
8,000 4,000
4,000 48,000 40,000 34,000 40,000
8,000
4,000 40,000
13,000 40,000 120,000
72,000 20,000
8,000
20,000
32,000
48,000
64,000
80,000

1684

JOURNAL OF THE SENATE

DeKalb County
DeKalb County
DeKalb County
DeKalb County Board of Education Dodge County Dougherty County
Douglas County
Douglas County Board of Education Douglas County Board of Education Effingham County Effingham County
Elbert County Elbert County Evans County Evans County Board of Education Fayette County
Floyd County Floyd County
Floyd County
Franklin County Fulton County
Fulton County Fulton County Fulton County
Fulton County Fulton County
Fulton County
Fulton County
Fulton County
Fulton County Fulton County
Fulton County
Gilmer County Glascock County

and Family Resource Center in Dekalb County

$

Contract for services with the Positive Growth Youth Home for

Boys in Dekalb County

$

Contract for services with the Scottdale Community Planning

Council for improved housing and programs

$

Contract for services with the "Shop With A Cop" program in

Dekalb County

$

Purchase/install computers and software for the DeKalb Board

of Education

$

Upgrade Dodge County fire stations

$

Contract for services for early intervention programs for

preschool at Albany ARC in Dougherty County

$

Purchase playground equipment for Palmetto Park in Douglas

County

$

Purchase equipment for Lithia Springs High School College and

Career Center in Douglas County

$

Purchase/install computers and software for the Douglas County

schools

$

Construct shelter in community park in Effingham County

$

Purchase/install communications system for Effingham County

Fire Department

$

Construct a softball field at Elbert County High School

$

Renovate the Elbert Theater in the City of Elberton

$

Purchase equipment for Evans County Fire Department

$

Repair/replace roof for Clayton Headstart for Evans County

Board of Education

$

Contract for services with the Joseph Sams School in Fayette

County

$

Restoration of Chieftain's Museum in Rome

$

Contract for services with the 100 Black Men mentoring program

in Floyd County

$

Contract for services with the Rome Area History Museum in

Floyd County

$

Construct a little League Ballpark in the City of Lavonia

$

Purchase equipment and furniture for Tuskegee Airmen, Inc. in

Fulton County

$

Revitalize the Martin Luther King, Jr. Corridor in Fulton County $

Contract for services with South Fulton Clean and Beautiful

$

Repair/replace plumbing in Foundation Facility and Program

Operations in Fulton County

$

Contract for services with AUDIENCE, Inc. in Fulton County

$

Contract for services with the Old National Wrap-Around

Collaborative in Fulton County

$

Purchase/install lighting for Tri-Cities High School ball field in

Fulton County

$

Contract for services with Nonprofits for Nonprofits, Inc.

in Fulton County

$

Contract for services with The Metro Life Center, Inc. in

Fulton County

$

Contract for services with KidsGym USA in Fulton County

$

Improve structure and purchase equipment for The Connector,

Inc. in Fulton County

$

Contract for services with Alternative Choices Corporation in

Fulton County

$

Restorate court and real estate records of Gilmer County

$

Renovate the People's House and purchase equipment for

20,000
20,000
40,000
8,000
4,000 8,000
33,000
20,000
16,000
38,000 12,000
24,000 8,000
40,000 12,000
8,000
80,000 20,000
20,000
20,000 20,000
10,000 60,000 24,000
100,000 40,000
40,000
53,000
20,000
24,000 40,000
36,000
36,000 12,000

Thursday, March 16, 2000

1685

Glynn County
Glynn County
Glynn County Grady County Gwinnett County Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Habersham County
Habersham County Habersham County
Hall County
Hancock County Board of Education Heard County
Jackson County Jackson County
Jefferson County
Jenkins County Jenkins County Jenkins County Hospital Authority Jones County Liberty County Liberty County Liberty County
Lincoln County
Lincoln County
Lowndes County
Lowndes County Board of Education Lowndes County Board of Education Lumpkin County
Lumpkin County
Lumpkin County
Meriwether County

Glascock County Fire Department

$

Construct/renovate entrance and parking lot of Glynn County

Animal Control Building

$

Implement plan for development of Altamaha Regional Park in

Glynn County

$

Purchase/install lighting for North Glynn Recreation Park

$

Purchase fire house for Grady County

$

Improvements to the Brookwood High School Athletic Complex

including refinishing the gym floor

$

Improvements to the Shiloh High School Athletic Complex in

Gwinnett County

$

Renovate the Physical Education and Athletic facilities in

Gwinnett County

$

Purchase equipment for Habersham County Volunteer Fire

Department

$

Purchase building for the Habersham Soup Kitchen

$

Develop feasibility study and plan to preserve and protect the

land and water known as Habersham Mills in Habersham County $

Restoration of North Hall High School athletic field in Hall

County

$

Expand Summer Science and Summer Band programs in

Hancock County schools

$

Construct and pave the parking lot for the Heard County Mental

Health Center

$

Improvements to the Commerce Civic Center

$

Construct an Agricultural Building at Jackson County High

School

$

Contract for services with Jefferson County Economical

Development to attract, retain and expand businesses within

the community

$

Install ADF network for the Jenkins County Airport

$

Expand Extension Education Center in Jenkins County

$

Purchase equipment for Jenkins County Hospital Authority

$

Develop feasibility study and plan for Jones County water system $

Construct a multi-purpose education facility in Liberty County $

Improvements to recreational facilities in Liberty County

$

Contract for services with the Eleven Black Men of Liberty

County

$

Resurface parking lot of the Lincolnton Clubhouse in Lincoln

County

$

Purchase/install lighting and fencing for Lincoln County

Recreation Department

$

Construct a Youth and Teen Center for the YMCA in Lowndes

County

$

Repair/restore Lake Park Elementary School gym in Lowndes

County

$

Resurface the track at Lowndes County High School

$

Purchase/install lighting for youth softball field in Lumpkin

County

$

Purchase equipment for Lumpkin County Volunteer Fire

Department

$

Contract for services for Community Care Shelter in Lumpkin

County

$

Renovate the WPA Building in Meriwether County

$

16,000
24,000
8,000 20,000 16,000
40,000
40,000 80,000
12,000 20,000
40,000
60,000 8,000
32,000 40,000
40,000
40,000 16,000
4,000 16,000 20,000 20,000 40,000
16,000
6,500 8,000
60,000
22,000 24,000
8,000
4,000 8,000 40,000

1686

JOURNAL OF THE SENATE

Meriwether County Board of Construct and purchase equipment for two elementary schools in

Education

Meriwether County

$

Miller County

Restore/refurbish agricultural "show barn" located in Miller

County

$

Montgomery County Board of Improvements to the Montgomery County Middle/High School

Education

sports facilities

$

Morgan County

Contract for services for the Morgan County African American

Cultural Center

$

Oconee County

Improvements to the Oconee County recreational facilities

$

Oconee County

Renovate/restore the William Daniel House in Oconee County $

Paulding County Board of Purchase band uniforms and equipment for the Paulding County

Education

Board of Education

$

Quitman County

Develop feasibility study and plan for marina in Quitman County $

Rabun County

Purchase equipment for Rabun County Volunteer Fire Department $

Rabun County Hospital

Develop feasibility study and plan for a rural hospital in Rabun

Authority

County

$

Richmond County

Construct ball field for Master City Little League in Richmond

County

$

Richmond County

Contract for services with the Delta House, Lucy Craft Laney

Museum in Richmond County

$

Richmond County

Contract for services with the United Community Association,

Inc. in Richmond County

$

Richmond County

Contract for services with Southeastern Firefighters' Burn

Foundation in Richmond County

$

Richmond County

Purchase equipment for Boxing Club in Richmond County

$

Richmond County

Contract for services with the CSRA Economic Opportunity

Authority in Richmond County

$

Richmond County

Purchase equipment for Lucy Laney High School in Richmond

County

$

Richmond County

Improvements/construction for the Eastview Recreation Center in

Richmond County

$

Richmond County

Contract for services with the Safe Communities Coalition of

Augusta in Richmond County

$

Richmond County

Contract for services with the Southside Tutorial Program in

Richmond County

$

Richmond County

Contract for services with the Delta Leadership Training Program

in Richmond County

$

Richmond County

Contract for services with the Augusta Ballet in Richmond

County

$

Schley County Board of

Education

Construct Schley County High School

$

Screven County

Purchase/install equipment and fixtures for Screven County

Technical and Adult Education Center

$

Screven County

Repair/replace roof and building at Screven-Jenkins Regional

Library

$

Seminole County Board of

Education

Construct weight facility for Seminole County Board of Education $

Spalding County

Expand Griffin Tech Literacy Program in Spalding County

$

Spalding County

Contract for services with the McIntosh Trail in Spalding County $

Stephens County

Purchase monitoring and security equipment for new courthouse

in Stephens county

$

Stewart County Board of

Construct relay tower to provide internet access to Stewart County

Education

Schools

$

Taliaferro County Board of

Education

Purchase land for Taliferro schools

$

Tattnall County

Expand meeting room for Tattnall County

$

51,000 52,000
8,000
8,000 8,000 16,000
57,000 40,000 12,000 32,000
24,000
20,000 40,000
44,000 24,000
40,000
8,000 60,000
20,000
32,000 16,000
20,000
80,000 20,000
16,000
20,000 40,000 12,000
20,000
10,000 8,000
16,000

Thursday, March 16, 2000

1687

Tattnall County Tattnall County Board of Education Terrell County
Terrell County Thomas County Thomas County Board of Education Tift County Board of Commissioners Town of Mitchell Town of Tyrone Towns County Treutlen County Treutlen County Twiggs County Union County Union County
Walker County Ware County
Warm Springs Downtown Development Authority Warren County
Wayne County
Wheeler County
White County White County
White County
White County White County
Whitfield County Whitfield County
Whitfield County Board of Education Wilkinson County
City of Acworth
City of Acworth
City of Acworth
City of Alamo City of Alma City of Aragon City of Atlanta

Contract for services with the Tattnall County Hospital Authority $

Construct teaching and canning facility for the Tattnall County

Board of Education

$

Repair/replace roof at Historic Hill & Hill Preservation Society in

Dawson in Terrell County

$

Construct/paint building at the Dawson-Terrell County Airport $

Restore clock and clock tower for Thomas County Courthouse $

Asphalt area at Thomas County High School

$

Purchase rail car for the Tifton Terminal Railway Museum

$

Renovate/upgrade downtown sidewalks in Town of Mitchell

$

Construct ball field for Town of Tyrone

$

Purchase equipment for Towns County Volunteer Fire Department $

Contract for services with Easter Seals in Treutlen County

$

Repair Treutlen County DFCS offices

$

Purchase furnishings for the Twiggs County Courthouse

$

Purchase equipment for Union County Volunteer Fire Department $

Develop feasibility study and plan for Farmer's Market in Union

County

$

Renovation of Walker County courthouse

$

Purchase Fire Safety House and towing vehicle for Ware

County/City of Waycross Fire Department

$

Construct the Warm Springs Welcome Center

$

Purchase equipment and furnishings for Warren County

Courthouse

$

Purchase materials and construct fire station for Madray Springs

Volunteer Fire Department in Wayne County

$

Purchase equipment and maintenance for Wheeler County

recreation facilities

$

Contract for services with White County Homework Centers

$

Repair drainage problems and apply sod to White County High

School baseball field

$

Develop feasibility study and plan for economic development in

White County

$

Renovation of White County Courthouse

$

Purchase equipment, computers, books and supplies to establish a

Boys and Girls Club in White County

$

Construct parks and recreation area on Cleveland Highway

$

Purchase the Hamilton House for Whitfield/Murray Historical

Society

$

Purchase of band uniforms for Whitfield High School Band

$

Develop feasibility study and plan for Balls Ferry Park on the

Oconee River in Wilkinson County

$

Pave parking lot for City of Acworth Parks and Recreation

Department

$

Construct multi-purpose court for the City of Acworth Parks and

Recreation

$

Purchase police vehicle for the City of Acworth Police

$

Department

Purchase/install HVAC system at the Alamo Civic Center

$

Improvements to two inner city parks in the City of Alma

$

Develop/construct city park in Aragon

$

Improvements to Adams and John H. White Park ballfields in

40,000
20,000
20,000 64,000 28,000
12,000
64,000 8,000
20,000 4,000
15,000 12,000 80,000
4,000
12,000 60,000
32,000
35,000
80,000
16,000
8,000 8,000
12,000
16,000 40,000
20,000 40,000
104,000
16,000
12,000
12,000
8,000 16,000
8,000 8,000 16,000

1688
City of Atlanta
City of Atlanta
City of Atlanta
City of Atlanta
City of Atlanta
City of Bartow City of Blakely City of Broxton City of Buena Vista
City of Cartersville City of Cedartown City of Chester City of Clarkston
City of Cleveland City of Cleveland City of Climax City of Colquitt
City of Columbus
City of Columbus City of Columbus City of Columbus City of Columbus
City of Columbus City of Columbus City of Columbus
City of Columbus City of Columbus
City of Cordele City of Cusseta
City of Cuthbert
City of Dallas City of Dalton
City of Darien City of Donalsonville
City of Dublin City of Eatonton City of Eatonton
City of Euharlee

JOURNAL OF THE SENATE

Atlanta

$

Repair homes of Senior Citizens in Washington Park and

Washington High Neighborhoods in Atlanta

$

Develop feasibility study and plan for Morningside neighborhood

in Atlanta

$

Develop feasibility study and plan for Ansley Park Neighborhood

in Atlanta

$

Contract for services with the Albert J. Edmonds Leadership

Development Program in the City of Atlanta

$

Contract for services with Atlanta Public Schools for a parent task

force

$

Purchase equipment and improve City of Bartow park

$

Extend the water lines in the City of Blakely

$

Construct memorial for the Broxton Police Department

$

Purchase breathing apparatus for the City of Buena Vista Fire

Department

$

Renovate/upgrade recreational facilities in Cartersville

$

Construct multi-purpose facility for the City of Cedartown

$

Replace windows at Chester City Hall

$

Purchase sanitation truck and A-300 E-Z Pack for City of

Clarkston

$

Purchase/install water line for new school in City of Cleveland $

Purchase equipment for Cleveland Volunteer Fire Department $

Construct a new gym for the City of Climax

$

Establish the Community Development Corporation of Southwest

Georgia in the City of Colquitt

$

Contract for services with the Veterans' Life Action Center, Inc.

in the City of Columbus

$

Contract for services with the Drug Fighters of Columbus

$

Contract for services with Southwest Against Drugs in Columbus $

Contract for services with Rediscovery for retraining in Columbus $

Contract for services with the Columbus Literate Community

Program, Inc.

$

Contract for services with Peabody in Columbus

$

Contract for services with the Columbus Teen Parenting Center $

Contract for services with the Columbus Housing Authority for

Welfare to Work

$

Contract for services with the Columbus Youth Network

$

Contract for services with the Columbus Police Department for

training

$

Construct new Cordele animal shelter

$

Construct facility and purchase truck and generator for the

Cusseta City Pound

$

Design/construct community band shell in the Iris Garden in the

City of Cuthbert

$

Remodel Dallas City Hall complex

$

Contract for services with the Northwest Georgia Girl's Home in

Dalton

$

Purchase sewer vacuum truck for the City of Darien

$

Beautify downtown Donalsonville including construction of a

pavilion and purchase of entrance signs

$

Construct domestic violence shelter for WINGS in Dublin

$

Purchase/install lighting on Highway 16 for the City of Eatonton $

Develop feasibility study and plan for city of Eatonton/Putnam

County Project

$

Remodel Euharlee City Hall complex

$

38,000
40,000
32,000
32,000
96,000
20,000 2,500
12,000 4,000
12,000 32,000 56,000
4,000
61,000 4,000 4,000
12,000
8,000
8,000 15,000 12,000 12,000
16,000 12,000 28,000
8,000 15,000
12,000 40,000
18,000
20,000 56,000
40,000 20,000
16,000 28,000
3,500
8,000 52,000

City of Fargo City of Fayetteville City of Flowery Branch City of Fort Valley City of Gainesville
City of Glennville City of Glennville City of Helena City of Hiram City of Hoboken
City of Hogansville City of Ideal City of Jacksonville City of Jesup
City of Jonesboro City of Lafayette
City of Leary City of Ludowici City of Ludowici City of Macon City of Macon City of Macon City of Metter City of Milan City of Milledgeville
City of Millen City of Monticello
City of Monticello
City of Morven City of Ocilla City of Odum City of Oglethorpe City of Patterson
City of Pavo City of Pembroke
City of Pine Lake City of Pineview City of Pooler City of Powder Springs
City of Reidsville City of Reidsville City of Remerton City of Rhine City of Richland City of Rockmart City of Rossville

Thursday, March 16, 2000

1689

Restore ballfields for the City of Fargo Recreation Departments $

Restore Holliday-Dorsey-Fife House in City of Fayetteville

$

Improvements to the City of Flowery Branch

$

Renovate the Groutman House in City of Fort Valley

$

Develop and construct stormwater retention projects for

Gainesville Parks and Recreation Agency

$

Purchase equipment for Glennville Fire Department

$

Purchase/install lighting for Glennville Recreation Department $

Upgrade the Helena Fire Department

$

Renovate/upgrade recreational facilities in City of Hiram

$

Purchase computer software for Brantley County police and

recreation departments

$

Repair/replace the electricity service lines in Hogansville

$

Renovate the City of Ideal police department

$

Upgrade the Jacksonville Police Department

$

Purchase vehicle and establish fire prevention program for City

of Jesup Fire Department

$

Develop family park in the City of Jonesboro

$

Develop feasibility study and plan for water distribution

evaluation in Lafayette

$

Repair water system in the City of Leary

$

Repair the Old Depot in Ludowici

$

Purchase/install water meters for the City of Ludowici

$

Repair Booker T. Washington Center in Macon

$

Contract for services with the Adult Literacy Program in Macon $

Promote movie making and recording industry in Macon

$

Purchase equipment for City of Metter Police Department

$

Purchase trash truck for City of Milan

$

Contract for services with the Oconee Family Crisis Center, Inc.

in Milledgeville

$

Improvements to City of Millen Cemetery

$

Develop feasibility study and plan for Jasper County Farmer's

Market Park in Monticello

$

Construct multi-purpose playing field for Funderburg Park in

Monticello

$

Renovate the former Morven High School building for office use $

Upgrade City of Ocilla recreational facilities

$

Purchase land for parking lot for Odum Community Center

$

Restore Flint River Ferry in the City of Oglethorpe

$

Renovate and upgrade playground at Patterson Recreation

Department

$

Repair/replace lunchroom roof for the Pavo Recreation Center $

Construction/improvements to the City of Pembroke recreational

facilities

$

Maintainance of existing generator and purchase of a generator $

Expand Pineview city hall

$

Purchase "Jaws of Life" for Pooler Fire Department

$

Contract for services with the George Ford Center in Powder

Springs

$

Pave parking lot for Reidsville Recreation Department

$

Pave parking lot for Reidsville Airport Authority

$

Purchase/install culverts and gutters in the City of Remerton

$

Pave parking lot for Rhine Community Center

$

Renovate the old Railroad Depot in City of Richland

$

Construct multi-purpose facility for the City of Rockmart

$

Construct handicapped accessible restrooms for the City of

17,000 20,000 40,000 60,000
40,000 12,000 12,000
8,000 16,000
4,000 40,000 12,000
4,000
4,000 20,000
34,000 3,500
16,000 8,000
80,000 40,000 40,000
8,000 8,000
12,000 8,000
32,000
32,000 16,000
4,000 12,000 16,000
8,000 12,000
12,000 20,000 40,000 25,000
150,000 12,000 20,000 40,000 4,000 24,000 68,000

1690

JOURNAL OF THE SENATE

Rossville's recreation area

$

City of Sandersville

Revitalize downtown Sandersville city park and monument

$

City of Savannah

Purchase/install air conditioner at Frank Callen Boys and Girls

Club gym in Savannah

$

City of Screven

Purchase police car for Screven Police Department

$

City of Smyrna

Construct a Veterans Memorial in City of Smyrna

$

City of Soperton

Purchase/install lighting for ball field in Soperton

$

City of Sparks

Purchase materials for Project Turn Around in City of Sparks

$

City of Sparta

Revitalize downtown Sparta business districts and sidewalks

$

City of Stapleton

Repair erosion problems for the City of Stapleton

$

City of Stone Mountain

Install HVAC system in gymnasium for City of Stone Mountain $

City of Summerville

Develop feasibility study to determine long range water needs in

the City of Summerville

$

City of Swainsboro

Upgrade facilities at the Swainsboro recreation complex

$

City of Thomasville

Contract for services with the Genesis Food Park in the City of

Thomasville

$

City of Thomasville Board of

Education

Construct track at Thomasville High School

$

City of Thomson

Purchase multi-purpose vehicle for Thomson Fire Department $

City of Thunderbolt

Purchase/install lawn sprinkler system for the Thunderbolt

Community Improvement Association

$

City of Thunderbolt

Restore water well and upgrade water lines in the City of

Thunderbolt

$

City of Thunderbolt

Refurbish museum in Thunderbolt

$

City of Twin City

Renovate recreation complex in Twin City

$

City of Tybee Island

Contract for services with Tybee Island Marine Science Center

for educational tours for children

$

City of Vienna

Contract for services for a day program for older adults with

disabilities at the Albany ARC through the City of Vienna

$

City of Warrenton

Renovate the City of Warrenton sports complex and tennis courts $

City of Warrenton

Purchase two emergency generators for City of Warrenton

$

City of Willahoochee

Purchase playground equipment for Willahoochee City Parks

$

City of Williamson

Upgrade the City of Williamson water system

$

City of Woodbury

Improvements to the Woodbury sewer system

$

City of Wrightsville

Renovate/repair downtown sidewalks in Wrightsville

$

City of Yatesville

Construct Yatesville Community Library

$

24,000 11,000
56,000 8,000
50,000 8,000
24,000 8,000
40,000 20,000
28,000 12,000
62,000
12,000 24,000
1,500
52,000 16,000 12,000
20,000
33,000 12,000 32,000
4,000 12,000 40,000
8,000 40,000

If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.

If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Section 42. Provisions Relative to Section 8, Department of Community Health.

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

Thursday, March 16, 2000

1691

Section 43.

Provisions Relative to Section 10, State Board of Education Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,153.11. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 44.

Provisions Relative to Section 11, Employees' Retirement System.

It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.

Section 45.

Provisions Relative to Section 15, Department of Human Resources.

The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families

benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of

certification and not from the date of application; and the following maximum benefits and maximum standards of

need shall apply:

Number in

Standards

Maximum Monthly

Asst. Group

of Need

Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum

monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in

subsidized work experience and subsidized employment.

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.

1692

JOURNAL OF THE SENATE

Provided, the Department of Human Resources is authorized to transfer funds, not to exceed $79,939,939, from the Cash Benefits object class to facilitate the stated purposes of the Temporary Assistance for Needy Families program. The purposes are: 1.) To provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; 2.) To end the dependence of needy parents on government benefits by promoting job preparation, work and marriage; 3.) To prevent and reduce the incidence of out-of-wedlock pregnancies; and 4.) To encourage the formation and maintenance of two-parent families.

Section 46. Provisions Relative to Section 22, Merit System of Personnel Administration.

The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2001 shall not exceed 13.1%.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2001 shall not exceed 13.1%.

Section 47. Provisions Relative to Section 23, Department of Natural Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

Provided, that of the amount above for per diem, fees and contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.

Section 48.

Provisions Relative to Section 29, Department of Revenue.

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $4,000 for the taxable year beginning January 1, 2000.

Section 49.

Provisions Relative to Section 33, Teachers' Retirement System.

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.29% for S.F.Y. 2001.

Section 50. Provisions Relative to Section 35, Department of Transportation.

For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:

Thursday, March 16, 2000

1693

a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Section 51.
In addition to all other appropriations for the State fiscal year ending June 30, 2001, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,641,072 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,521,072) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 52.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and

1694

JOURNAL OF THE SENATE

Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 53.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 54.
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 55.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 56.
In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 57.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2000 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall

Thursday, March 16, 2000

1695

be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 58.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 59.
There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 60. Salary Adjustments.
In addition to all other appropriations, there is hereby appropriated $233,698,749 for the following purposes: 1.) As a cost-of-living adjustment generally for the class, to provide a general salary adjustment of 0% to 6% for individual employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000 (proposed salary adjustments are in conformance with the Georgia Gain pay for performance system). 2.) As a cost-of-living adjustment generally for the class, to provide a general salary adjustment of 3% for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000 (proposed salary adjustments are contingent on an employee receiving at least "satisfactory" or "meets expectations" on their annual performance appraisal). 3.) To provide for a cost of living adjustment of 3% for each state official (excluding members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 General Assembly, as amended, as authorized in said act, Code Section 45-7-4, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 4.) To provide for a cost of living adjustment for members of the General Assembly with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 5.) To provide for a cost of living adjustment of 3% for Executive Branch employees receiving at least "meets expectations" on their annual performance appraisal and are at, above or less than 3% below the maximum annual salary for their respective pay grades. 6.) To provide for a 3% increase in the state base salary on

1696

JOURNAL OF THE SENATE

the local teacher salary schedule of the State Board of Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 2000. 7.) To provide for a 3% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose determined according to an effective date of July 1, 2000. 8.) In lieu of item 1 above, as a cost-of-living adjustment generally for the class, to provide for a 3% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 2000. 9.) In lieu of item 1 above, as a cost-of-living adjustment generally for the class, to provide a 3% funding level for merit increases for individual Regents faculty and support personnel with the amount of the appropriation for this purpose determined according to contractual agreement for academic personnel and October 1, 2000 for non-academic personnel. 10.) In lieu of item 1 above, as a cost-of-living adjustment generally for employees of the Executive Branch earning below the GeorgiaGain target hire rate for their respective job classifications, excluding the job classifications specifically addressed in other provisions of this section, adjust the annual salaries by onethird of the difference between their current annual salary and the GeorgiaGain target hire rate for the applicable job classification, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 11.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Board of Pardons and Paroles employees earning below the Georgia Gain established target salary levels in the Parole Officer, Senior Parole Officer, Assistant Chief Parole Officer, Chief Parole Officer and Parole Center Administrator job classifications or award a 3% salary adjustment, whichever is greater, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 12.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Board of Pardons and Paroles employees earning at or above the Georgia Gain established target salary levels in the Parole Officer, Senior Parole Officer, Assistant Chief Parole Officer, Chief Parole Officer and Parole Center Administrator job classifications with the amount of the appropriation for this purpose determined according to and effective date of October 1, 2000. 13.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Corrections employees earning below the GeorgiaGain target salary level for the Probation Officer I, Probation Officer II, Probation Officer III, Chief Probation Officer, Supervisor Officer and Center Probation Officer job classifications, or award a 3% salary adjustment, whichever is greater with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 14.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Corrections employees earning at or above the GeorgiaGain target salary level for the Probation Officer I, Probation Officer II, Probation Officer III, Chief Probation Officer, Supervisor Officer and Center Probation Officer job classifications, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 15.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Human Resources employees earning below the GeorgiaGain target salary level for the Social Services Case Manager, Social Services Case Manager Associate, Family Independence Case Manager I and Family Independence Case Manager II job classifications with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 16.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Human Resources employees earning at or above the GeorgiaGain target salary level for the Social Services Case Manager, Social Services Case Manager Associate, Family Independence Case Manager I and Family Independence Case Manager II job classifications with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 17.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Natural Resources Peace Officer Standards Training certified personnel, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000. 18.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for employees successfully completing the primary accounting series of courses offered through the State Financial Management Certificate Program with the amount of the appropriation for this purpose determined according to an effective date of October 1, 2000.

Section 61. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 2001 Section 62.

$

14,421,828,880

Thursday, March 16, 2000

1697

This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 63. All laws and parts of laws in conflict with this Act are repealed.

(#1) Senator Johnson of the 1st District moved to amend Senate Committee Substitute to H.B. 1160 by (removing from) state funds for the Department of Agriculture, Section 5, relating to State Fiscal Year 2001 the figure $983,240, and by (decreasing) the object classes as listed below:

Object Classes

Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Market Bulletin Postage

$

$

$

$

$

$

$

$

$

$

983,240

Total Funds

$

983,240

State Funds

$

983,240

Senator Johnson of the 1st District moved to amend Senate Committee Substitute to H.B. 1160 by (adding to) state funds for the Secretary of State, Section 30, relating to State Fiscal Year 2001 the figure $983,240, and by (increasing) the object classes as listed below:

Object Classes

Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Community Services

$

350,000

$

483,240

$

50,000

$

$

50,000

$

$

$

$

50,000

$

Total Funds

$

983,240

State Funds

$

983,240

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

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JOURNAL OF THE SENATE

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

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

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

On the adoption of the amendment, the yeas were 18, nays 33, and the Johnson amendment #1 to the committee substitute was lost.

(#2) Senator Johnson of the 1st District moved to amend Senate Committee Substitute to H.B. 1160 by (removing from) State funds, relating to State Fiscal Year 2001, the figure $37,717,985, and by (decreasing) State funds as listed below:

General Assembly Department of Audits Judicial Branch Department of Administrative Services Department of Agriculture Department of Banking and Finance Department of Community Affairs Department of Community Health Peachcare for Kids Department of Defense Forestry Commission Georgia Bureau of Investigation Office of the Governor Department of Human Resources Department of Industry, Trade and Tourism Department of Insurance Department of Juvenile Justice Department of Labor Department of Law Department of Natural Resources Board of Pardons and Paroles Public Safety Public Safety "B" Public School Emp. Retirement System Public Service Commission Board of Regents "A"

$

209,623

173,306

753,168

280,765

282,971

68,652

353,525

8,280,016

107,589

42,688

230,294

380,885

305,655

7,911,655

183,247

95,298

1,673,008

146,517

94,478

869,639

302,006

693,620

94,512

110,524

56,362

8,776,553

Thursday, March 16, 2000

1699

Board of Regents "B" Board of Regents "C" Department of Revenue Secretary of State Real Estate Commission Soil and Water Conservation Commission Student Finance Commission Teachers Retirement System Department of Technical and Adult Education Department of Transportation Department of Veterans Worker's Compensation Board

976,213 126,070 1,665,277 189,513
14,443 15,592 219,451 20,486 1,745,113 72,273 123,495 73,503

State Funds Budgeted

37,717,985

Senator Johnson of the 1st District moved to amend Senate Committee Substitute to H.B. 1160 by (adding to) state funds for the State Board of Education, Section 11, relating to State Fiscal Year 2001 the figure $37,717,985, and by (increasing) the object classes as listed below:

Object Classes

Teacher Salary Schedule Adjustment

$

37,717,985

Total Funds

$

37,717,985

State Funds

$

37,717,985

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

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

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

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

On the adoption of the amendment, the yeas were 18, nays 33, and the Johnson amendment #2 to the committee substitute was lost.

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JOURNAL OF THE SENATE

(#3) Senator Crotts of the 17th District moved to amend Senate Committee Substitute to H.B. 1160 by (removing from) state funds for the Department of Community Affairs, Section 7, relating to State Fiscal Year 2001 the figure $4,000,000, and by (decreasing) the object classes as listed below:

Object Classes

Local Assistance Grants

$

4,000,000

Total Funds State Funds

$

4,000,000

$

4,000,000

Senator Crotts of the 17th District moved to amend Senate Committee Substitute to H.B. 1160 by (adding to) state funds for the State Board of Education, Section 11, relating to State Fiscal Year 2001 the figure $4,000,000, and by (increasing) the object classes as listed below:

Object Classes

Per Diem, Fees and Contracts

$

4,000,000

Total Funds State Funds

$

4,000,000

$

4,000,000

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

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

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

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

On the adoption of the amendment, the yeas were 20, nays 31, and the Crotts amendment #3 to the committee substitute was lost.

Thursday, March 16, 2000

(#4) Senator Ladd of the 41st District moves to amend Senate Committee Substitute to H.B. 1160 by (removing from) State funds, relating to State Fiscal Year 2001, the figure $83,000,000, and by removing State funds from the Departments as listed below:

General Assembly Department of Audits Supreme Court Court of Appeals Superior Courts Juvenile Courts Inst. Of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation Commission Georgia Office of Dispute Resolution Department of Administrative Services Department of Agriculture Department of Banking and Finance Department of Community Affairs Department of Community Health Peachcare for Kids Department of Defense Forestry Commission Georgia Bureau of Investigation Office of the Governor Department of Human Resources Department of Industry, Trade and Tourism Department of Insurance Department of Juvenile Justice Department of Labor Department of Law Department of Natural Resources State Board of Pardons and Paroles Public Safety Public Safety "B" Public School Employees Retirement System Public Service Commission Board of Regents "A" Board of Regents "B" Board of Regents "C" Department of Revenue Secretary of State Real Estate Commission Soil and Water Conservation Commission Student Finance Commission Teachers Retirement System Department of Technical and Adult Education Department of Transportation Department of Veterans Service Worker's Compensation Board

461,285 381,367 97,900 146,323 1,157,578 19,067 14,698 95,203
2,967 81,933 36,988
4,724 617,835 622,689 151,072 777,947 18,220,522 236,755 93,936 506,773 838,154 672,606 17,409,921 403,243 209,708 3,681,524 322,417 207,903 1,913,676 664,577 1,526,340 207,977 243,212 124,027 19,313,172 2,148,198 277,423 3,664,512 417,032 31,783 34,311 482,911 45,080 3,840,193 159,040 271,755 161,743

State Funds Budgeted

83,000,000

1701

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JOURNAL OF THE SENATE

Senator Ladd of the 41st District moved to amend H.B. 1160 by (adding to) state funds for the Department of Revenue, Section 29, relating to State Fiscal Year 2001, the figure $83,000,000, and by (increasing) the object classes as listed below:

Object Classes

Homeowner Tax Relief Grants

$

83,000,000

Total Funds

$

83,000,000

State Funds

$

83,000,000

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

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

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

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

On the adoption of the amendment, the yeas were 19, nays 33, and the Ladd amendment #4 was lost.

(#5) Senators Lamutt of the 21st, Cable of the 27th and Perdue of the 18th moved to amend Senate Committee Substitute to H.B. 1160 by (removing from) state funds, for the Department of Human Resources, Section 16, relating to State Fiscal Year 2001, the figure $30,000,000, and by (decreasing) the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases

$

Equipment

$

Real Estate Rentals

$

Per Diem, Fees and Contracts

$

Computer Charges

$

Telecommunications

$

Thursday, March 16, 2000

1703

School Nurses Total Funds State Funds

$

30,000,000

$

30,000,000

$

30,000,000

Senators Lamutt of the 21st, Cable of the 27th and Perdue of the 18th moved to amend Senate Committee Substitute to H.B. 1160 by (adding to) state funds for the State Board of Education, Section 11, relating to State Fiscal Year 2001, the figure $30,000,000, and by (increasing) the object classes as listed below:

Object Classes

Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications School Nurses

$

$

$

$

$

$

$

$

$

$

30,000,000

Total Funds

$

30,000,000

State Funds

$

30,000,000

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

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

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

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

On the adoption of the amendment, the yeas were 18, nays 34, and the Lamutt amendment #5 to the committee substitute was lost.

1704

JOURNAL OF THE SENATE

(#6) Senator Lamutt of the 21st District moves to amend Senate Committee Substitute to H.B. 1160 by (removing from) state funds for the Department of Human Resources, Section 16, relating to State Fiscal Year 2001, the figure $250,000, and by (decreasing) the object classes as listed below:

Object Classes

Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Purchase of Service Contracts

$

$

$

$

$

$

$

$

$

$

250,000

Total Funds

$

250,000

State Funds

$

250,000

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

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

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

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

On the adoption of the amendment, the yeas were 15, nays 34, and the Lamutt amendment #6 to the committee substitute was lost.

(#7) Senator Lamutt of the 21st District moved to amend Senate Committee Substitute to H.B. 1160 by (removing from) state funds for the Department of Human Resources, Section 16, relating to State Fiscal Year 2001, the figure $100,000, and by (decreasing) the object classes as listed below:

Thursday, March 16, 2000

1705

Object Classes
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Purchase of Service Contracts
Total Funds
State Funds

$

$

$

$

$

$

$

$

$

$

100,000

$

100,000

$

100,000

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

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

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

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

On the adoption of the amendment, the yeas were 16, nays 36, and the Lamutt amendment #7 to the committee substitute was lost.

(#8) Senator Lamutt of the 21st District moved to amend Senate Committee Substitute to H.B. 1160 by (removing from) state funds for the Department of Juvenile Justice, Section 19, relating to State Fiscal Year 2001, the figure $40,000, and by (decreasing) the object classes as listed below:

Object Classes

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Equipment Purchases

$

1706

JOURNAL OF THE SENATE

Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Community Services
Total Funds
State Funds

$

$

$

40,000

$

$

$

$

40,000

$

40,000

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

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

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

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

On the adoption of the amendment, the yeas were 17, nays 36, and the Lamutt amendment #8 to the committee substitute was lost.

(#9) Senator Stephens of the 51st District moved to amend the Senate Committee Substitute to H.B. 1160 by (removing from) state funds for the Department of Community Affairs, Section 7, relating to State Fiscal Year 2001, the figure $24,399,600, and by (decreasing) the object classes as listed below:

Object Classes

Local Assistance Grants

$

24,399,600

Total Funds

$

24,399,600

State Funds

$

24,399,600

Senator Stephens of the 51st District moved to amend H.B. 1160 by (adding to) state funds for the State Board of Education, Section 11, relating to State Fiscal Year 2001, the figure $24,399,600 and by (increasing) the object classes as listed below:

Thursday, March 16, 2000

1707

Object Classes
Kindergarten/Grades 1-3 Grades 4-8 Grades 9-12
Total Funds
State Funds

$

7,837,226

$

10,484,325

$

6,078,049

$

24,399,600

$

24,399,600

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

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

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

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

On the adoption of the amendment, the yeas were 21, nays 31, and the Stephens amendment #9 to the committee substitute was lost.

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

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

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

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

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

1708

JOURNAL OF THE SENATE

Y Fort Y Gillis Y Gingrey Y Golden N Guhl

Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Thomas,R Y Thompson Y Walker N Williams

On the passage of HB 1160, the yeas were 44, nays 11.

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

Senator Starr of the 44th, President Pro Tempore, assumed the Chair. The Calendar was resumed.

HB 1303. By Representative Benefield of the 96th:

A bill to be entitled an Act to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to imposition of special county 1 percent sales and use tax, so as to authorize use of tax proceeds for capital outlay projects consisting of certain transportation facilities; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Dean of the 31st.

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

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

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

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

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

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

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

HB 1576. By Representatives Stokes of the 92nd, Manning of the 32nd, Wix of the 33rd and others:

A bill to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to change certain provisions relating to interception

Thursday, March 16, 2000

1709

of wire, oral, and electronic communications; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Kemp of the 3rd.
The Senate Judiciary Committee offered the following substitute to HB 1576:
A BILL
To be entitled an Act to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to change the provisions relating to the interception of wire or oral transmissions by law enforcement officers; to provide that an authorized interception of a wire or oral transmission may be conducted in whole or in part by law enforcement personnel or by an individual operating under a contract with a law enforcement agency and acting under the supervision of a law enforcement officer authorized to conduct the interception; to provide the circumstances under which the Attorney General or district attorney may apply for an electronic surveillance warrant; to designate procedures for the monitoring of certain court authorized electronic surveillance; to provide for extensions of investigation warrants; to authorize certain electronic surveillance or interception of communications or monitoring of persons under emergency conditions; to provide procedures in connection therewith; to require application for an investigation warrant in connection with such interception or surveillance in an emergency situation within 48 hours after said interception or surveillance commences; to provide that in the event that an application for an investigation warrant made pursuant to this Act is denied or in any event where the interception or surveillance is terminated without an investigation warrant having been issued, the contents of any intercepted communications or other surveillance effected pursuant to this Act shall not be admissible in any court of this state except to prove violations of this Act; to provide that a parent or guardian of a minor child may monitor or intercept certain communications between such child and another person for the purpose of ensuring the welfare of such child; to provide for disclosure of the content of such communication or conversation to a district attorney or law enforcement officer; to provide for admissibility of certain recordings; to provide for other interceptions pursuant to court order; 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.
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 in its entirety subsection (b) of Code Section 16-11-64, relating to the interception of wire or oral transmissions by law enforcement officers, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Procedure. When in the course of his or her official duties, a law enforcement officer desiring to make use of any device, but only as such term is specifically defined by Code Section 16-11-60 and such use would otherwise constitute a violation of Code Section 16-11-62, the law enforcement officer shall act only in compliance with the procedure procedures provided for in this subsection part:
(1) When there is probable cause to believe that a person is committing or has committed an act which endangers the national security of the United States or the security of this state or that such person is committing or has committed the crime of treason, insurrection, rebellion, espionage, sabotage, or any felony involving bodily harm, or any crimes involving arson, kidnapping, narcotics, dangerous drugs, importation or importing, manufacturing, delivering, distributing, dispensing, administering, selling, or possessing with intent to distribute or sale of marijuana or any controlled substance, or burglary, prostitution, theft, blackmail, extortion, bribery, gambling, racketeering activity, or any felony involving alcoholic beverage laws or auto thefts, or there is probable cause to believe that a private place is being utilized or has been utilized for the commission of any such crime, then, upon written application, under oath, of the district attorney of the circuit wherein the device is to be physically placed having jurisdiction over the prosecution of such crime, or the Attorney General, which application affirms that there is probable cause to believe:

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JOURNAL OF THE SENATE

(A) That a person is committing or has committed any of the crimes enumerated in this paragraph; or
(B) That a private place is being utilized or has been utilized for the commission of any of the crimes enumerated in this paragraph
and sets forth specifically the basis of such probable cause and particularly describes the person or place, the crime or crimes, the device or devices to be used, and the specific conversations and activities to be overheard or observed, as the case may be, any judge of the superior court of the circuit aforesaid having jurisdiction of such crime may issue an investigation warrant permitting the use of devices, as defined by Code Section 16-11-60, for the surveillance of such person or place, provided that the warrant specifies with particularity the device or devices the use of which is to be permitted thereby; the purpose, duration, and circumstances of use permitted; the crime or crimes allegedly being committed; and the person or persons and place or places to be subject to such surveillance;
(2) The judge, before issuing such a warrant, shall satisfy himself or herself that the party initiating the application for the warrant is aware of the facts and circumstances through his or her own personal knowledge which are sufficient to lead a man person of reasonable caution to believe that the alleged crime set forth in the application has been committed or is being committed or that such person has been informed of such facts and circumstances by a reasonably trustworthy informational source. The judge shall also satisfy himself or herself that there is set forth in the application exigencies adequately supported by facts and circumstances which overcome and override the need for giving of notice of the surveillance to the parties to be overheard or observed by the use of such devices;
(3) Investigation warrants issued under this Code section shall be valid for no more than 20 days after issuance, unless renewed for an additional 20 day period periods for good cause shown at the time of written application for each such renewal. An interception authorized pursuant to this Code section may be conducted in whole or in part by law enforcement personnel or by an individual operating under a contract with a law enforcement agency and acting under the supervision of a law enforcement officer authorized to conduct the interception;
(4) The officer executing the warrant must make a return of the warrant to the judge which shall set forth specifically how the warrant was used and employed and what was obtained thereby. The return shall reflect that the investigation or search in pursuance of the warrant was terminated immediately upon the conversation or activities which were authorized to be overheard, intercepted, or observed were in fact obtained. The return shall set forth with particularity the law enforcement officer or officers or their agents who actually employed the devices used in the execution of the warrant;
(5) The application for any investigation warrant under this Code section, any supporting evidence in connection therewith, and any entry of the issuance of an investigation warrant as a result thereof shall remain confidential and in the custody of the judge and shall not be released nor information touching same in any manner be disclosed, except upon written order of the judge or except at the time of trial of the case in which such evidence is used or in which evidence derived from such surveillance is used;
(6) The applicant for the warrant shall return same and report back to the judge issuing same within 30 days of the issuance of the warrant. In the event no evidence of one of the specific crimes set forth in this Code section has been obtained through the use of such device or devices, it shall be the duty of the applicant physically to destroy all evidence obtained by surveillance and to certify that fact in writing to the judge under oath;
(7) In the event evidence of or information concerning the specific crime set forth in the warrant is obtained through the use of such device or devices, the applicant shall so certify in writing under oath in his or her report under paragraph (6) of this subsection. Upon the return of an indictment or filing of an accusation based in whole or in part on such evidence or information or any part thereof, it shall be the duty of the prosecuting attorney promptly to notify the accused of the existence and substance of such evidence or information and, if the same has been reduced to a permanent form, shall make it available to the accused for inspection and copying; and
(8) Any publication of the information or evidence obtained under a warrant issued under this Code section other than that necessary and essential to the preparation of and actual prosecution for the crime specified in the warrant shall be an unlawful invasion of privacy under this part and shall cause such evidence and information to be inadmissible in any criminal prosecution."

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SECTION 2.
Said part is further amended by adding between Code Sections 16-11-64.2 and 16-11-65 a new Code Section 16-1164.3 to read as follows:
"16-11-64.3.
(a) Notwithstanding any other provision of this part, in the event that the Attorney General or a district attorney of the judicial circuit having jurisdiction over the emergency situation described herein or where the observation, monitoring, or recording of the activities of any person may occur as provided in this subsection determines that:
(1) An emergency situation exists involving the immediate danger of death or serious physical injury to any person;
(2) The said emergency situation requires the immediate interception of a wire, oral, or electronic communications or the immediate observation, monitoring, or recording of the activities of any person involved in said emergency situation in violation of the provisions of Code Section 16-11-62 before an order authorizing such interception or surveillance can, with due diligence, be obtained; and
(3) There are grounds upon which an investigation warrant pursuant to Code Section 16-11-64 could be issued;
then in such event any investigative or law enforcement officer specifically designated by the prosecuting official making such determination may utilize any device as defined in Code Section 16-11-60 to intercept the wire, oral, or electronic communications or to observe, monitor, or record the activities of the person or persons involved in said emergency situation, provided that an application for an investigation warrant is made pursuant to Code Section 1611-64 within 48 hours after said interception or surveillance commences.
(b) In the event that an application for an investigation warrant made pursuant to this Code section is granted, then the interception or surveillance shall be conducted in accordance with the provisions of Code Section 16-11-64, except that said interception or surveillance shall continue only so long as the emergency situation exists.
(c) In the event that an application for an investigation warrant made pursuant to this Code section is denied or in any event where the interception or surveillance is terminated without an investigation warrant having been issued, the contents of any intercepted communications or other surveillance effected pursuant to this Code section shall not be admissible in any court of this state except to prove violations of this part. The contents of any such intercepted communications or other surveillance effected pursuant to this Code section without an investigation warrant having been issued shall be confidential and shall not be disclosed except to prove violations of this part."
SECTION 3.
Said part is further amended by striking in its entirety Code Section 16-11-66, relating to the interception of wire, oral, and electronic communications and related matters, and inserting in lieu thereof the following:
"16-11-66.
(a) Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
(b) After obtaining the consent required by this subsection, the telephonic conversations or electronic communications to which a child under the age of 18 years is a party may be recorded and divulged, and such recording and dissemination may be done by a private citizen, law enforcement agency, or prosecutor's office. Nothing in this subsection shall be construed to require that the recording device be activated by the child. Consent for the recording or divulging of the conversations of a child under the age of 18 years conducted by telephone or electronic communication shall be given only by order of a judge of a superior court upon written application, as provided in subsection (c) of this Code section, or by a parent or guardian of said child as provided in subsection (d)

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of this Code section. Said recording shall not be used in any prosecution of the consenting child in any delinquency or criminal proceeding. Such An application to a judge of the superior court made pursuant to this Code section need not comply with the procedures set out in Code Section 16-11-64.
(c) The A judge to whom a written application has been made shall issue the order provided by subsection (b) of this Code section only:
(1) Upon finding probable cause that a crime has been committed;
(2) Upon finding that the child understands that the conversation is to be recorded and that such child agrees to participate; and
(3) Upon determining that participation is not harmful to such child.
A true and correct copy of the recording provided for in subsection (b) of this Code section shall be returned to the superior court judge who issued the order and such copy of the recording shall be kept under seal until further order of the court.
(d) The provisions of this article shall not be construed to prohibit a parent or guardian of a child under 18 years of age, with or without the consent of such minor child, from monitoring or intercepting telephonic conversations of such minor child with another person by use of an extension phone located within the family home, or electronic or other communications of such minor child from within the family home, for the purpose of ensuring the welfare of such minor child. If the parent or guardian has a reasonable or good faith belief that such conversation or communication is evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity affecting the welfare or best interest of such child, the parent or guardian may disclose the content of such telephonic conversation or electronic communication to the district attorney or a law enforcement officer. A recording or other record of any such conversation or communication made by a parent or guardian in accordance with this subsection that contains evidence of criminal conduct involving such child as a victim or an attempt, conspiracy, or solicitation to involve such child in criminal activity shall be admissible in a judicial proceeding except as otherwise provided in subsection (b) of this Code section."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senators Kemp of the 3rd, Price of the 56th and Hecht of the 34th offered the following amendment:
Amend the committee substitute to HB 1576 by inserting "to change certain provisions relating to unlawful invasions of privacy;" after "as" on line 4 of page 1.
By redesignating Sections 2 through 5 as Sections 3 through 6, respectively.
By striking line 9 of page 2 and inserting in lieu thereof the following:
"amended by striking paragraphs (2) and (3) of Code Section 16-11-62, relating to unlawful invasions of privacy, and inserting in lieu thereof the following:
'(2) Any person, through the use of any instrument or apparatus device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out of public view; provided, however, that it shall not be unlawful:

Thursday, March 16, 2000

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(A) To to use any camera, photographic equipment, videotape equipment, or other devices device to observe, photograph, or record the activities of persons incarcerated in any jail, correctional institution, or any other facility in which persons who are charged with or who have been convicted of the commission of a crime are incarcerated, provided that such equipment shall not be used while the prisoner is discussing his or her case with his or her attorney;

(B) To use for security purposes, crime prevention, or crime detection, any device to observe, photograph, or record the activities of persons who are in public or semipublic locations where they have no reasonable expectation of privacy; or

(C) To use for security purposes, crime prevention, or crime detection, any device to observe, photograph, or record the activities of persons who are within the curtilage of the residence of the person using such device;

(3) Any person to go on or about the premises of another or any private place, except as otherwise provided by law, for the purpose of invading the privacy of others by eavesdropping upon their conversations or secretly observing their activities;'

SECTION 2.

Said part is further amended by striking subsection (b) of Code".
On the adoption of the amendment, the yeas were 42, nays 2, and the Kemp, et al., amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 45, nays 0, and the committee substitute was adopted as amended.

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

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

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

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

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

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

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

HB 304. By Representatives Porter of the 143rd and Parham of the 122nd:

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A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts and violations of ordinances of counties and state authorities, and Code Section 16-7-21 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass, so as to authorize magistrate courts to impose 12 months' imprisonment for violations of county ordinances and ordinances of state authorities; and for other purposes.
Senate Sponsor: Senator Kemp of the 3rd.
The Senate Judiciary Committee offered the following substitute to HB 304:
A BILL
To be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change criminal jurisdiction of such courts; to provide for concurrent criminal jurisdiction over certain misdemeanor marijuana possession, shoplifting, alcohol violations relating to minors and criminal trespass; to restrict such jurisdiction to offenses in the unincorporated area in the county; to provide for penalties; to provide for waiver of jury trial and binding over to another court for jury trial; to provide for procedures relating to citation arrest or accusation; to provide for prosecuting attorneys; to provide for no contest case bonds and related procedures; to authorize suspended sentences; to provide for service of a suspended sentence after hearing and finding that the offender has failed or refused to comply with the terms and conditions for suspension; to provide for such service to begin within one year from the date of the sentence; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended in Code Section 15-10-2, relating to jurisdiction, by striking "or" at the end of paragraph (12), by striking the period and inserting "; or" at the end of paragraph (13), and by inserting a new paragraph, to be designated paragraph (14), to read as follows:
"(14) The trial and sentencing of misdemeanor violations of other Code sections as provided by Article 13 of this chapter."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 15-10-60, relating to applicability of the article, and inserting in lieu thereof the following:
"15-10-60.
(a) This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce such ordinances than the county or state authority has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $1,000.00 or 60 days' imprisonment or both, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by the ordinance.
(b) The trial court may suspend the service of the sentence imposed in the case upon such terms and conditions as it may prescribe for the payment of the fine, for performance of community service in lieu of a fine or incarceration, for the payment of restitution to a victim, or other condition relating to the underlying offense. Service of the sentence, when so suspended, shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of a sentence was suspended. Service of all or any part of any sentence suspended upon such conditions may be ordered to commence by the trial court any time before the

Thursday, March 16, 2000

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expiration of one year from the date of the sentence after a hearing and a finding by the court that the defendant has failed or refused to comply with the terms and conditions upon which service of the sentence was suspended."
SECTION 3.
Said chapter is further amended by inserting a new article, to be designated Article 13, to read as follows:
"ARTICLE 13
15-10-260.
(a) This article governs trials of misdemeanor violations of Code Sections 16-13-30 and 16-13-2, relating to possession of less than one ounce of marijuana; Code Section 16-8-14, elating to theft by shoplifting of $300.00 or less; Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age; and Code Section 16-7-21, relating to criminal trespass.
(b) Magistrate courts are authorized to conduct trials and impose sentences for violations of misdemeanors specified in subsection (a) of this Code section; provided, however, that the violation must have occurred in the unincorporated area of the county.
(c) A person convicted of violation of a misdemeanor specified in subsection (a) of this Code section shall be punished as provided in paragraphs (1) through (4) of this subsection as follows:
(1) For possession of less than one ounce of marijuana, as provided in subsection (b) of Code Section 16-13-2;
(2) For theft by shoplifting, as provided in paragraph (1) of subsection (b) of Code Section 16-8-14;
(3) For furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, as provided in Code Section 3-3-23.1; and
(4) For criminal trespass, as provided in subsection (d) of Code Section 16-7-21.
(d) The jurisdiction of magistrate courts to try and dispose of the misdemeanor violations enumerated in subsection (a) of this Code section shall be concurrent with the jurisdiction of any other courts having jurisdiction to try and dispose of such cases.
15-10-261.
There shall be no jury trials in the magistrate court. A magistrate court shall not have the power to dispose of the misdemeanor offenses enumerated in subsection (a) of Code Section 15-10-260 unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if probable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.
15-10-262.
(a) Prosecution for misdemeanor violations authorized in this article may proceed by citation, summons, arrest, citation and arrest, or by arrest warrant as provided in Chapter 4 of Title 17, or by an accusation as provided in Code Section 17-7-71.
(b) The solicitor general of counties having solicitors general, or the county attorney or another attorney designated by the county governing authority, may act as the prosecuting attorney of the magistrate court in proceedings under this article.
15-10-263.

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(a) The chief magistrate of each county may by written order establish a schedule of no contest cash bonds which the accused may post when arrested or accused by warrant or citation pursuant to this article. The schedule of no contest cash bond amounts shall be sufficient to cover court costs and minimum fines as set forth in the Code section applicable to the alleged offense. At the time of posting a no contest cash bond, the receipt shall contain the following language: 'IF YOU GIVE A NO CONTEST CASH BOND AND FAIL TO APPEAR FOR TRIAL, THIS BOND MAY BE FORFEITED AND, IF SO FORFEITED, SHALL CONSTITUTE A MISDEMEANOR GUILTY PLEA AND A WAIVER OF CERTAIN CONSTITUTIONAL RIGHTS,' which shall be acknowledged by the person arrested.
(b) A person arrested or accused by warrant or citation pursuant to this article who does not wish to post a no contest cash bond may post a property bond or standard appearance bond to assure his or her future appearance in court.
(c) If a person who gives a no contest cash bond fails subsequently to appear for trial, such failure shall constitute a guilty plea and the no contest cash bond shall be forfeited, unless the court proceeds under the provisions of subsection (d) of this Code section. It shall not be necessary for the state to take any further action to forfeit the no contest cash bond. Forfeiture of a no contest cash bond shall be considered to constitute imposition and payment of a fine and, if so considered, shall be a bar to a subsequent prosecution of the accused for the violation.

(d) If the judge determines at the time of the nonappearance at trial of the defendant in his or her sole discretion that substantial justice will not be accomplished by the forfeiture of the no contest cash bond amount and the disposition of the charges with prejudice, the posting of the no contest cash bond shall not be considered a plea of guilty nor constitute a bar to a subsequent prosecution of the defendant for the violation, and any moneys posted under the no contest cash bond shall be held in the court's registry pending subsequent prosecution, and the defendant shall be served with a citation for a reasonable future appearance date, and, in default of the defendant's appearance, the court shall issue a bench warrant for the defendant's arrest.

(e) Upon a conviction under a subsequent prosecution, the proceeds of any no contest cash bond shall be applied and distributed toward the fine and court costs imposed by the court.

(f) If a defendant posts a property bond or standard appearance bond and thereafter fails to appear at the designated time, a bench warrant shall be issued for such person and the bond shall be forfeited as provided by Code Section 17-6-17."
SECTION 4.

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

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

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

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

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

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

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

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E Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1134. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:

A bill to be entitled an Act to amend Code Section 48-7-29.3 of the Official Code of Georgia Annotated, relating to a state income tax credit for certain federal qualified transportation fringe benefits, so as to change certain provisions regarding the amount of such credit; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Tanksley of the 32nd.

The Senate Finance and Public Utilities Committee offered the following substitute to HB 1134:

A BILL
To be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, so as to change certain provisions regarding the amount of the credit for federal qualified transportation fringe benefits; to provide for certain tax credits with respect to certain establishment or relocation of business enterprise headquarters; to provide for procedures, conditions, and limitations; to provide for 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.

Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, is amended by striking subsection (b) of Code Section 48-7-29.3, relating to a state income tax credit for certain federal qualified transportation fringe benefits, and inserting in its place a new subsection (b) to read as follows:

"(b) A taxpayer shall be allowed a state income tax credit against the tax imposed by this chapter for any federal qualified transportation fringe benefit provided by the taxpayer to an employee which benefit is in addition to and not in lieu of compensation otherwise payable to the employee, in an amount equal to the $25.00 per employee receiving such benefit; provided, however, that in no event shall the total amount of such tax credit exceed the annual amount expended by such employer in providing such federal qualified transportation fringe benefits to such employees."

SECTION 2.

Said article is further amended by adding a new Code section immediately following Code Section 48-7-40.17, to be designated Code Section 48-7-40.18, to read as follows:

"48-7-40.18.

(a) Any business enterprise, as defined in Code Section 48-7-40, executing an agreement pursuant to paragraph (1) of subsection (d) of Code Section 48-7-31 shall be allowed, beginning in the taxable year in which it establishes its

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headquarters in this state or relocates its headquarters to this state, a tax credit calculated in the same amounts and under the same principles as the credit established by Code Section 48-7-40.17. Except as otherwise provided in this Code section, the credit established by the Code section shall be subject to the same definitions, limitations, and carry-forward provisions as the credit established by Code Section 48-7-40.17; provided, however, that the term 'headquarters' means the principal central administrative office of such business enterprise; and provided further that for the first taxable year in which it is claimed, all or part of the credit established by this Code section may be applied against taxes imposed under this article for the taxable year immediately preceding that taxable year by amendment to a return or returns for such year.

(b) The credit established by this Code section may be claimed by such business enterprise for new full-time jobs created in taxable years prior to the taxable year in which it establishes its headquarters in this state or relocates its headquarters to this state, where such jobs are in excess of those contained in such agreement and are located at such headquarters. Such jobs shall be deemed for purposes of such credit to have been created on the first day of the taxable year in which such business enterprise establishes its headquarters in this state or relocates its headquarters to this state. No credit in excess of $25 million my be claimed pursuant to the terms of this subsection.

(c) The number of new full-time jobs to which this Code section shall be applicable shall be determined by comparing the monthly average of full-time jobs subject to Georgia income tax withholding for the taxable year with the corresponding average for the prior taxable year."

SECTION 3.

(a) Section 1, this section, and Section 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

(b) Section 2 of this Act shall become effective on January 1, 2001, and shall be applicable to all taxable years beginning on or after that date.
SECTION 4.

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

On the adoption of the substitute, the yeas were 41, nays 0, and the committee substitute was adopted.

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

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

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

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

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

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1719

On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following bill of the House:

HB 1160.

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

A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 2000 and ending June 30, 2001.

The following bill was taken up to consider House action thereto: HB 1160. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:

A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 2000 and ending June 30, 2001; and for other purposes.

Senator Hooks of the 14th moved that the Senate insist on its substitute to HB 1160.

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1160.

The Calendar was resumed.

HB 817. By Representative Teper of the 61st:

A bill to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, so as to change certain provisions of the standard rental agreement relating to storage of personal property which is the basis for enforcement of liens without judicial intervention; and for other purposes.

Senate Sponsor: Senator Brush of the 24th.

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

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

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

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

Y Price,R N Price,T Y Ragan N Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate

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

N Land N Lee N M V Bremen Y Madden N Marable Y Perdue Y Polak

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

On the passage of the bill, the yeas were 45, nays 7.

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

HR 878. By Representative Rogers of the 20th:

A resolution authorizing the conveyance of certain state owned real property located in Hall County, Georgia; to repeal provisions of a certain Act; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Cagle of the 49th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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

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

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

On the adoption of the resolution, the yeas were 49, nays 0.

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

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

HB 1352. By Representatives Jackson of the 148th, Jones of the 71st, Williams of the 114th and others:
A bill to be entitled an Act to amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding professions and businesses, so as to provide for special licensing of certain retired and other health care practitioners; to provide for a short title and definitions; to provide for conditions and limitations; to provide for liability and immunity from liability; to provide for statutory construction; to provide for automatic repeal and expiration of licenses; to repeal conflicting laws; and for other purposes.

Thursday, March 16, 2000

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Senate Sponsor: Senator Thomas of the 2nd.

Senators Thomas of the 2nd and Thomas of the 10th offered the following amendment #1:

Amend HB 1352 by inserting on page 2, line 3 after the word "States" the following:

"with the same or similar requirements as the State of Georgia"

Senator Thomas of the 2nd asked unanimous consent that amendment #1 be withdrawn. The consent was granted, and the amendment was withdrawn.

Senators Thomas of the 10th and Thomas of the 2nd offered the following amendment #2:

Amend HB 1352 by striking line 26 on page 1 and inserting in lieu thereof the following:

"chiropractic, registered professional nursing, or podiatry.". By inserting on line 7 on page 2 before the word "prior" the word "immediately".

By inserting on line 3 on page 3 immediately following the word "podiatrist" the words "or a registered professional nurse".

Senator Thomas of the 10th asked unanimous consent that amendment #2 be withdrawn. The consent was granted, and the amendment was withdrawn.

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

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

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

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

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

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

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

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

1722

JOURNAL OF THE SENATE

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

HB 1752.

By Representative Byrd of the 170th:
A bill to provide for a range of compensation for the chairperson and members of the board of commissioners of Telfair County; to provide that the precise amount of such compensation shall be determined by the chairperson of said board.

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

SB 390.

By Senators Fort of the 39th, Kemp of the 3rd, Smith of the 25th and others:

A bill to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for enhanced sentences in any case in which the judge imposing the sentence determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of the actual or perceived race, color, religion, national origin, ancestry, ethnicity, gender, disability, or sexual orientation of the victim or any person associated with the victim, or with the property which is the object of the offense; to provide a short title; to provide procedures under which such enhanced sentences may be sought; to repeal conflicting laws.

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1160.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 2000 and ending June 30, 2001.

The Speaker has appointed on the part of the House, Representatives Walker of the 141st, Coleman of the 142nd and Buck of the 135th.

The Calendar was resumed.

HB 648.

By Representatives Whitaker of the 7th, Jackson of the 112th, DeLoach of the 119th, Smith of the 12th and Poag of the 6th:

A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state departments and entities, so as to require certain motor vehicles owned or leased by certain governmental entities or purchased or leased with public funds to be identified with certain markings, decals, or seals; and for other purposes.

Senate Sponsor: Senator Thomas of the 2nd.

Senators Dean of 31st, Walker of the 22nd, Starr of the 44th and others, offered the following amendment:

Thursday, March 16, 2000

1723

Amend HB 648 by inserting "to change the mileage allowance for use of a personal vehicle by state officers, officials, and employees;" following "penalties;" on line 13 of page 1.

By inserting preceding line 1 of page 3 the following:

"SECTION 3.

Said article is further amended by striking Code Section 50-19-7, relating to mileage and actual travel expenses for state officials and employees, and inserting in its place the following:

'50-19-7.
The officers, officials, and employees of the executive, legislative, and judicial branches of state government shall be paid .25 .28 per mile as traveling expense when traveling in the service of the state or any agency thereof by personal motor vehicle and, in addition to mileage, shall be reimbursed for actual expenses incurred by reason of tolls and parking fees.'".

By striking lines 1 through 7 of page 3 and inserting in their place the following:

"SECTION 4.
Section 3 of this Act and this section shall become effective on July 1, 2000. The remaining sections of this Act shall become effective on the first day of January following the approval of this Act by the Governor or its becoming law without such approval.

SECTION 5.

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

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted.

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

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

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

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

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

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

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JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed as amended.
The following bill was taken up to consider House action thereto:
HB 1160. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 2000 and ending June 30, 2001; and for other purposes.
Senator Hooks of the 14th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 45, nays 0; the motion prevailed, and the President Pro Tempore appointed as a Conference Committee the following Senators: Walker of the 22nd, Hooks of the 14th and Starr of the 44th.
The Calendar was resumed.
HB 656. By Representatives Bannister of the 77th, Walker of the 141st, Parrish of the 144th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to change certain provisions relating to transaction of insurance by lending institutions and bank holding companies; and for other purposes.
Senate Sponsor: Senator Cheeks of the 23rd.
The Senate Banking and Financial Institutions Committee offered the following substitute to HB 656:
A BILL
To be entitled an Act to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to change certain provisions relating to transaction of insurance by lending institutions and bank holding companies; 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 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, is amended by striking Code Section 33-3-23, relating to restrictions as to transaction of insurance by lending institutions and bank holding companies, and inserting in lieu thereof the following:
"33-3-23.
(a) For the purposes of this Code section, the term:
(1) 'Bank holding company' means the definition as set forth in Code Section 7-1-600 and in Section 2 of an act of Congress entitled the Bank Holding Company Act of 1956, as amended.
(2) 'Lending institution' means any domestic institution that accepts deposits from the public and lends money, including banks and savings and loan associations.
(b) A No lending institution, bank holding company, or any subsidiary or affiliate of either of the foregoing doing business in this state, or any officer or employee of any of the foregoing, not including any director may directly or

Thursday, March 16, 2000

1725

indirectly be licensed to sell insurance, including but not limited to credit insurance, in any municipality within this state which has a population which exceeds 5,000, according to the latest United States decennial census, except that a lending institution, bank holding company, or any subsidiary or affiliate thereof and may engage in underwriting and act as an underwriter for credit life insurance and credit accident and sickness insurance, and except that an officer or employee of a lending institution, bank holding company, subsidiary, or affiliate of such institution or company may be licensed to sell single interest insurance, credit insurance, nonrecording insurance, mortgagee title insurance, credit life and accident and sickness insurance and the institutions, holding company, subsidiary, or affiliate may receive commissions on sales of the kinds of insurance written by the officers or employees subject to the provisions of this title and in conformity with rules and regulations promulgated by the Commissioner of Insurance.

(c)-Any person holding a license on March 28, 1974, and disqualified thereby shall have his license reissued upon request upon becoming eligible for a license to issue without the necessity of taking or passing any examination. Application shall be made within 60 days from the date the applicant shall again become eligible.

(d)-The Commissioner of Insurance is authorized to promulgate rules and regulations in order to effectuate the purposes of this Code section, which are to assist in the maintenance of the separation between lending institutions and the insurance business and to minimize the possibilities of unfair competitive practices by lending institutions, agents, and brokers.

(e)(c) Nothing in this chapter shall prohibit the purchase of mortgage guaranty insurance, also called credit casualty loss insurance, by a lending institution from a mortgage guaranty insurance company directly or indirectly.

(d) No lending institution, bank holding company, or any subsidiary or affiliate of any of the foregoing doing business in this state that was not in the business of selling title insurance on or before January 1, 2001, shall be permitted to sell title insurance.

(f)-Nothing contained within this Code section shall apply to any lending institution, bank holding company, nor to any organization which was a subsidiary or affiliate of either of the foregoing on January 1, 1974, nor to any officer or employee of the foregoing, if, on January 1, 1974, such lending institution, bank holding company, subsidiary or affiliate, officer, or employee was licensed to operate and was conducting business in conformity with all federal and state laws applicable thereto, and all federal and state rules and regulations applicable thereto and who have since January 1, 1974, been in continuous operation."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Cheeks of the 23rd offered the following amendment:

Amend the committee substitute to HB 656 by striking on line 37 page 2 (January 1, 2001) and adding "April 1, 2000"

On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 42, nays 0, and the committee substitute was adopted as amended.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks

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

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JOURNAL OF THE SENATE

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

Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Smith Starr (PRS)
Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

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

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

HB 712.

By Representatives Cox of the 105th, Smith of the 103rd, Sauder of the 29th and others:
A bill to amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation, so as to change the conditions relating to what conduct constitutes such offense; and for other purposes.

Senate Sponsor: Senator Meyer von Bremen of the 12th.

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

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

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

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

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

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

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

Thursday, March 16, 2000

1727

HB 719. By Representative Ashe of the 46th:

A bill to amend Code Section 4-8-22 of the Official Code of Georgia Annotated, relating to the powers of local governments to enforce certain requirements relating to the control of dangerous dogs, so as to delete a restriction against a member of an animal control board participating in a hearing regarding a dog where the member had previously participated in the classification of that dog as a potentially dangerous dog or dangerous dog; and for other purposes.

Senate Sponsor: Senator Kemp of the 3rd.

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

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

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

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

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 1365. By Representatives Barnard of the 154th, Smith of the 103rd and Manning of the 32nd:

A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; to provide for a ort title; to provide for legislative intent; to provide for a definition; to provide for immunity from criminal prosecution in certain circumstances; and for other purposes.

Senate Sponsor: Senator Kemp of the 3rd.

The Senate Judiciary Committee offered the following substitute to HB 1365:

A BILL

To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; to provide for a short title; to provide for legislative intent; to provide that a parent who leaves a newborn child in the custody of an employee, agent, or staff member of a medical facility in specified circumstances shall not be prosecuted for specified crimes because of such act; to provide for duties of medical facilities accepting a newborn child for inpatient admission and

1728

JOURNAL OF THE SENATE

the Department of Human Resources; to provide for reimbursement for certain costs; to provide for civil and criminal immunity for medical facilities and their employees; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding a new chapter to be designated Chapter 10A to read as follows:
"CHAPTER 10A
19-10A-1.
This chapter shall be known and may be cited as the 'Safe Place for Newborns Act of 2000.'
19-10A-2.
It is the express purpose and intent of the General Assembly in enacting this chapter to prevent injuries to and deaths of newborn children that are caused by a parent who abandons the newborn.
19-10A-3.
A parent shall not be prosecuted for the crimes of cruelty to a child, Code Section 16-5-70; contributing to the delinquency, unruliness, or deprivation of a child, Code Section 16-12-1; or abandonment of a dependent child, Code Section 19-10-1, because of the act of leaving his or her newborn child in the physical custody of an employee, agent, or member of the staff of a medical facility who is on duty, whether there in a paid or volunteer position; provided that the newborn child is no more than one week old and has not been physically abused by such parent. As used in this Code section, the term 'medical facility' shall mean any licensed general or specialized hospital, institutional infirmary, health center operated by a county board of health, or any building or facility where human births occur on a regular and ongoing basis which is classified by the Department of Human Resources as a birthing center, but shall not mean physicians' or dentists' private offices.
19-10A-4.
The Department of Human Resources shall investigate and report to the General Assembly as to children left as contemplated in Code Section 19-10A-3, including in such report the desirability and cost effectiveness of a dedicated toll-free telephone line for providing information to and answering questions from the public and employees and staff members of medical facilities concerning the acts and consequences thereof contemplated in Code Section 19-10A-3.
19-10A-5.
A medical facility which accepts for inpatient admission a child left as contemplated by Code Section 19-10A-3 shall be reimbursed by the Department of Human Resources for all medical and other costs associated with the child prior to the child being placed in the care of the department. A medical facility shall notify the Department of Human Resources at such time as the child is medically ready for discharge. Upon such notification, the Department of Human Resources shall take physical custody of the child within six hours.
19-10A-6.
Medical facilities and their employees, agents, and staff members shall not be liable for civil damages or subject to criminal prosecution for failure to discharge the duties provided for in this article."
SECTION 2.

Thursday, March 16, 2000

1729

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

SECTION 3.

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

Senators Kemp of the 3rd, Lee of the 29th, Fort of the 39th and others offered the following amendment #1: Amend the committee substitute to HB 1365 by striking "A" on line 32 of page 2.

By striking lines 33 through 37 of page 2 and inserting in their place the following:

"Upon notification by a medical facility that a newborn is in the physical custody of such medical facility, the Department of Human Resources shall immediately initiate legal custody proceedings. A child who meets the requirements for inpatient admission shall be retained in the medical facility until such time as the child is medically ready for discharge. Upon notification by the medical facility to that department that a child is not eligible for inpatient admission or is medically ready for discharge, provided that the child has been placed in the legal custody of the Department of Human Resources, the department shall take physical custody of the child within six hours of being notified."
Senator Gingrey of the 37th offered the following amendment #2:

Amend the committee substitute to HB 1365 by:

Adding on page one, line 6, after word child, "or husband or wife who leaves a Mother-in-law."

Adding on page one, line 23, after word newborns, "and" "Mothers'-in-law."

Senator Land of the 16th offered the following amendment #3:

Amend the Senate Judiciary Committee substitute to HB 1365 by inserting "to provide for conditions and notifications;" following "Resources;" on line 11 of page 1.

By striking "parent" and inserting in its place "mother" on line 28 of page 1, by striking "A parent" and inserting in its place "(a) A mother" on line 31 of page 1, by striking "his or" from line 3 of page 2, by striking "parent" and inserting in its place "mother" on line 8 of page 2, and by inserting between lines 16 and 17 of page 2 the following:

"(b) To receive the immunity provided for in subsection (a) of this Code section, the mother must inform the employee, agent, or member of the staff of the medical facility when leaving the child with the medical facility of the date of birth of the child, the place of birth of the child, and the identity and last known address of the biological parents of the child.".

Senator Balfour of the 9th moved that HB 1365 be placed on the Table.

On the motion, a roll call was ordered, and the vote was as follows:

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

Y Hamrick N Harbison N Hecht N Hill N Hooks N Huggins Y Jackson N James Y Johnson,E

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes

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JOURNAL OF THE SENATE

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

N Kemp N Ladd Y Lamutt Y Land N Lee N M V Bremen Y Madden N Marable Y Perdue N Polak

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

On the motion the yeas were 31, nays 22; the motion prevailed, and HB 1365 was placed on the Table.

HB 1411. By Representatives Porter of the 143rd, Smyre of the 136th and Channell of the 111th:

A bill to be entitled an Act to amend Code Section 31-7-95 of the Official Code of Georgia Annotated, relating to funding of teaching hospitals, so as to provide for such funding through the Department of Community Health; to amend Code Section 49-10-1 of the Official Code of Georgia Annotated, relating to the Georgia Board for Physician Workforce membership, so as to change the manner of employing administrative staff; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hooks of the 14th.

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

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

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

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

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

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

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

HB 815.

By Representatives Greene of the 158th, Smith of the 12th, Jenkins of the 110th and Whitaker of the 7th:

Thursday, March 16, 2000

1731

A bill to amend Part 2 of Article 4 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to claims against the state or its departments or agencies, so as to change the date after which compensation resolutions may not be introduced; to change the date after which the Claims Advisory Board shall make no further recommendations on claims to the General Assembly; and for other purposes.

Senate Sponsor: Senator Golden of the 8th.

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

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

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

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

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

On the passage of the bill, the yeas were 51, nays 0.

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

The President resumed the Chair.

HB 1671. By Representative Murphy of the 18th:

A bill to be entitled an Act to amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and the midyear adjustment reserve, so as to change provisions relating to the amount of the revenue shortfall reserve; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hooks of the 14th.

Senator Price of the 56th offered the following amendment:

Amend HB 1671 by inserting "to provide for certain debt reduction;" between "reserve;" and "to" on line 5 of page 1.

By inserting between "surplus" and "an" on line 16 of page 1 the following:

"an amount equal to 50 percent of the net revenue collections of such fiscal year to be utilized for reduction of state debt and".

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JOURNAL OF THE SENATE

By inserting "remaining" between "the" and "net" on line 18 of page 1.

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

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

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

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

On the adoption of the amendment, the yeas were 22, nays 33, and the amendment was lost.

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

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

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

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

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

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

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

Thursday, March 16, 2000

1733

HB 859. By Representatives Bannister of the 77th, Lewis of the 14th, Jamieson of the 22nd and others:

A bill to amend Code Section 47-6-42 of the Official Code of Georgia Annotated, relating to election as to coverage under the Georgia Legislative Retirement System and related matters, so as to provide that members of the General Assembly shall have a one-time opportunity to elect membership in such retirement system; and for other purposes.

Senate Sponsor: Senator Burton of the 5th.

The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

February 21, 2000

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

Dear Chairman Cummings:

SUBJECT:

State Auditor's Certification House Bill 859 (LC 21 5645S) Substitute (LC 21 5904S)

This substitute bill would authorize members of the General Assembly who previously elected not to become a member in the Georgia Legislative Retirement System to elect membership in the retirement system. In addition, this bill would authorize such persons to obtain creditable service for up to eight years of prior service by paying the full actuarial cost for the creditable service obtained. Any creditable service purchased would not be used to calculate a retirement benefit under this retirement system, but would be used only to satisfy the time required to become eligible to receive a benefit.
This is to certify that this substitute bill is a reduction in cost amendment as defined in the Public Retirement Systems Standards Law.
Sincerely,
/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 23, 2000
Honorable Bill Cummings, Chairman House Retirement Committee

1734

JOURNAL OF THE SENATE

State Capitol, Room 402 Atlanta, Georgia 30334
SUBJECT: Actuarial Investigation House Bill 859 (LC 21 5645S) Substitute (LC 21 5904S) Georgia Legislative Retirement System
Dear Chairman Cummings:
This substitute bill would authorize members of the General Assembly who previously elected not to become a member of the Georgia Legislative Retirement System to elect membership in the retirement system. In addition, this bill would authorize such persons to obtain creditable service for up to eight years of prior service by paying the full actuarial cost for the creditable service obtained. Any creditable service purchased would not be used to calculate a retirement benefit, but would be used only to satisfy the time required to become eligible to receive a benefit.
The legislation would not result in any additional cost to the State because the member would pay the full actuarial cost of any prior service purchased under this bill. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability as a result of this legislation. The cost estimate is also based on the current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs would be paid through state appropriations.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.
(5) The employer contribution rate currently in effect.

(6)

The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(7)

The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$0
$0
N/A $0
$109.17 per member
$109.17 per member
$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/s/ Russell W. Hinton State Auditor

Thursday, March 16, 2000

1735

Senator Ladd of the 41st asked unanimous consent that he be excused from voting on HB 859 pursuant to Senate Rule 175. The consent was granted.

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

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

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

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

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

On the passage of the bill, the yeas were 45, nays 5.

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

HB 892.

By Representatives Allen of the 117th, Anderson of the 116th, Stanley of the 49th and Howard of the 118th:

A bill to amend Code Section 15-11-9.1 of the Official Code of Georgia Annotated, relating to juvenile court intake and probation services, so as to provide that certain employees transferred from county juvenile courts to the state-wide juvenile and intake services will be included in the classified service of the state merit system; to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the state merit system generally, so as to make conforming changes; and for other purposes.
Senate Sponsor: Senator Perdue of the 18th.

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

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

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James

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

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JOURNAL OF THE SENATE

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

Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

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

On the passage of the bill, the yeas were 51, nays 0.

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

HB 939. By Representative Royal of the 164th:

A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of procedures regarding the establishment of millage rates and the levy of ad valorem property taxes; and for other purposes.
Senate Sponsor: Senator Dean of the 31st.

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

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

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

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

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

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

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

Thursday, March 16, 2000

1737

HB 1339. By Representatives Epps of the 131st, Dixon of the 168th, DeLoach of the 119th and others:

A bill to be entitled an Act to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas Day, so as to provide that in any county or municipality in which the sale of alcoholic beverages is authorized, the sale of alcoholic beverages in compliance with such authorization shall be authorized and legal on any election day; to provide exceptions; to provide that the local governing authority of any county in which the sale of alcoholic beverages is authorized and the local governing authority of any municipality in which the sale of alcoholic beverages is authorized may, by ordinance, prohibit the sale of alcoholic beverages on any election days; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Harbison of the 15th.

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

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

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

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

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

On the passage of the bill, the yeas were 29, nays 21.

The bill, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary:

RE: HB 1339

This is to certify that I voted yes on this bill however, it did not record on the machine.

/s/ Mike Crotts March 16, 2000 10:36 p.m.

HR 1051. By Representatives Mobley of the 69th, McClinton of the 68th, Reed of the 52nd and others:
A resolution creating the Joint Study Committee on Urban Road Building Guidelines; to provide an effective date; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

Senate Sponsor: Senator Butler of the 55th.
The Senate Transportation Committee offered the following substitute to HR 1051:
A RESOLUTION
Creating the Joint Study Committee on Urban Road Building Guidelines; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the policy of the State of Georgia is to create and maintain more pedestrian-friendly roadways while maintaining the necessary goals and standards for less developed areas; and
WHEREAS, currently, the Department of Transportation uses "A Policy on Geometric Design of Highways and Streets" as its guidelines for the building of state highways in urban, suburban, and rural areas; and
WHEREAS, the policy guidelines focus primarily on accommodating motor vehicles; and
WHEREAS, the policy guidelines emphasize mobility between and through towns over accessibility within a town; and
WHEREAS, this emphasis on mobility over accessibility has often resulted in the decline of urban commercial areas and in speeds that are inappropriate in areas with high pedestrian traffic; and
WHEREAS, the Federal Highway Administration recommends flexibility in road design; and
WHEREAS, there is now a need to take into account recent developments in pedestrian facilities and designs; and
WHEREAS, pedestrian fatalities in metro Atlanta increased 13 percent from 1994 to 1998 at the same time that they declined nearly 10 percent nationwide; and
WHEREAS, the Atlanta region is ranked nationally as one of the nation's most dangerous for pedestrians and is therefore focusing more and more on accommodating pedestrians; and
WHEREAS, a thorough study of all the criteria used could produce more flexible urban standards and bring the urban, suburban, and rural areas closer to the ultimate goal of building roads which are in sync with community values.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
There is created the Joint Study Committee on Urban Road Building Guidelines to be composed of 18 members. The President of the Senate shall appoint three members of the Senate, one each from Augusta, Albany, and Macon. The Speaker of the House of Representatives shall appoint three members, one each from Atlanta, Savannah, and Columbus. The committee members shall also include the Chief of Planning for the Georgia Regional Transportation Authority (GRTA); the Chief of Planning for the Department of Transportation (DOT); one member from the Board of Transportation; the chairperson of the House Transportation Committee; the chairperson of the Senate Committee on Transportation; one member of Pedestrians Educating Drivers on Safety; the chief elected official of the City of Atlanta or his or her designee; the chief elected official of the City of Savannah or his or her designee; the chief elected official of the City of Columbus or his or her designee; the chief elected official of the City of Augusta or his or her designee; the chief elected official of the City of Albany or his or her designee; and the chief elected official from of the City of Macon or his or her designee.
SECTION 2.

Thursday, March 16, 2000

1739

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 legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the O.C.G.A. but shall receive the same for not more than five days unless additional days are authorized. The state officials shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as a members of the committee. The members of the committee who are not legislative members or state officials or their designees shall receive no compensation for their services on the committee. The funds necessary for the reimbursement of the expenses of the state officials or their designees shall come from funds appropriated or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or otherwise available to the House of Representatives and Senate. 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 1, 2000. The committee shall stand abolished on December 1, 2000.

SECTION 3.

This resolution 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 resolution are repealed.

Senators Cheeks of the 23rd, Streat of the 19th and Butler of the 55th offered the following amendment:

Amend the Senate Transportation Committee Substitute to HR 1051 by changing the number eighteen (18) to eleven (11) on line 5 page 2 and striking on line 15 starting with the word "one" through line 24 "designee" on page 2.

On the adoption of the amendment, the yeas were 46, nays 0, and the amendment to the committee substitute was adopted.

On the adoption of the substitute, the yeas were 47, nays 0, and the committee substitute was adopted as amended.

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

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

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

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt
Land Y Lee Y M V Bremen Y Madden

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

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JOURNAL OF THE SENATE

Y Gingrey Y Golden N Guhl

Y Marable Y Perdue Y Polak

Y Walker Y Williams

On the passage of the bill, the yeas were 48, nays 5.

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

HB 584. By Representatives Mobley of the 69th, Ragas of the 64th, Brooks of the 54th and Epps of the 131st:

A bill to amend Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to arraignment and entry of plea in criminal cases, so as to provide that prior to acceptance of a plea of guilty the court shall determine whether the defendant is freely entering the plea with an understanding as to its effect on the status of a resident alien or naturalized citizen; and for other purposes.

Senate Sponsor: Senator Meyer von Bremen of the 12th.

The Senate Judiciary Committee offered the following substitute to HB 584:

A BILL
To be entitled an Act to amend Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to arraignment and entry of plea in criminal cases, so as to provide that prior to acceptance of a plea of guilty, the court shall determine whether the defendant is freely entering the plea with an understanding as to its effect on his or her immigration status; 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 17-7-93 of the Official Code of Georgia Annotated, relating to arraignment and entry of plea in criminal cases, is amended by adding at its end a new subsection (c) to read as follows:

"(c) In addition to any other inquiry by the court prior to acceptance of a plea of guilty, the court shall determine whether the defendant is freely entering the plea with an understanding that if he or she is not a citizen of the United States, then the plea may have an impact on his or her immigration status. This subsection shall apply with respect to acceptance of any plea of guilty to any state offense in any court of this state or any political subdivision of this state."

SECTION 2.

This Act shall become effective July 1, 2000, and shall apply with respect to pleas accepted on or after that date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.

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

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

Y Balfour Blitch

Y Hamrick Y Harbison

Y Price,R Y Price,T

Thursday, March 16, 2000

1741

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

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

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

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

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

HB 1629. By Representatives Royal of the 164th and Jenkins of the 110th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to revise comprehensively the provisions regarding the Seed-Capital Fund; to provide definitions; to create the Seed-Capital Fund; and for other purposes.

Senate Sponsor: Senator Polak of the 42nd.

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

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

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

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

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

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

1742

JOURNAL OF THE SENATE

The bill, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: 3/16/00 I support HB 1629. /s/ Susan W. Cable At 10:45 p.m., Senator Walker of the 22nd moved that the Senate stand in recess until 12:00 midnight, then pursuant to SR 777, adjourn until 10:00 a.m., Monday, March 20, 2000; the President announced the motion prevailed.

Monday, March 20, 2000

1743

Senate Chamber, Atlanta, Georgia Monday, March 20, 2000
Thirty-ninth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Starr, President Pro Tempore, who was presiding.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 496.

By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:
A bill to be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to change certain provisions relating to length of vehicle and loads; to change certain provisions relating to permits for excess weight and dimensions; to repeal conflicting laws.

SB 429.

By Senators Tanksley of the 32nd, Thompson of the 33rd, Johnson of the 1st and others:
A bill to be entitled an Act to amend Chapter 10 of Title 17 and Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating respectively to sentence and punishment and penal institutions, so as to change provisions for earned time allowances based upon institutional behavior for certain inmates confined as county inmates for probation violations of felony offenses or after conviction for certain offenses and misdemeanors; to provide for an effective date and for applicability; to repeal conflicting laws.

SB 452.

By Senator Streat of the 19th:
A bill to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; to thereby change conditions of eligibility for HOPE scholarships and grants; to provide for an effective date; to repeal conflicting laws.

SB 408.

By Senators Kemp of the 3rd and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common carriers, so as to allow filing a certificate of insurance in lieu of a bond for the protection of the public and of passengers and baggage or for the owner or person entitled to recover for loss of or damage to freight; to provide for filing by the insurer and the effect of failure to file any form required by the commission; to repeal conflicting laws.

1744

JOURNAL OF THE SENATE

SB 432.

By Senators Polak of the 42nd, Thomas of the 10th and Thomas of the 54th:
A bill to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for additional disclosures in managed care plans and preferred provider arrangements; to provide for physician fees and negotiations in such plans and arrangements; to provide for denial of services in such plans and arrangements and provide for appeals of such denials; to provide for applicability and an effective date; to repeal conflicting laws.

SB 425.

By Senators Kemp of the 3rd, Brown of the 26th, Ray of the 48th and others:
A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to revise extensively the "Brokerage Relationships in Real Estate Transactions Act;" to revise and add definitions; to change the duties owed by a broker to a client, customer, seller, buyer, tenant, or landlord; to change disclosure provisions; to change the standard of skill in some circumstances; to provide for a duty of keeping certain information confidential; to provide for exceptions; to provide for a duty to disclose certain material facts regarding adverse physical conditions in the neighborhood of a property; to change provisions regarding a broker's liability for providing false information; to provide for related matters; to repeal conflicting laws.

SB 424.

By Senator Thomas of the 10th:
A bill to be entitled an Act to amend Code Section 45-16-25 of the Official Code of Georgia Annotated, relating to duties of a coroner or county medical examiner upon receipt of notice of a suspicious or unusual death, so as to allow medical examiners to retain a deceased body long enough to allow adequate refrigeration before an autopsy is performed; to provide medical examiners with the necessary discretion regarding the disposition of bodily specimens; to provide for related matters; to repeal conflicting laws.

SB 336.

By Senators Williams of the 6th, Johnson of the 1st, Land of the 16th and others:
A bill to be entitled an Act to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the regulation of certificated professional personnel by the Professional Standards Commission, so as to provide that the Professional Standards Commission shall grant a renewable certificate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program if such applicant meets certain conditions; to specify such conditions for the granting of a renewable certificate at the four-year level; to repeal conflicting laws.

SB 446.

By Senators Lee of the 29th and Gillis of the 20th:
A bill to be entitled an Act to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to the offenses of assault and battery and related offenses, so as to change the provisions relating to the offense of aggravated assault upon a correctional officer; to include county jail officers within the definition of the term "correctional officer" in connection with the offense of aggravated assault; to change the provisions relating to the offense of aggravated battery upon a correctional officer; to include county jail officers within the definition of the term "correctional officer" in connection with the offense of aggravated battery; to repeal conflicting laws.

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

Monday, March 20, 2000

1745

HR 1360.

By Representatives Bunn of the 74th and O'Neal of the 75th: A resolution commending the Rockdale 2000 Literacy Task Force.

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

HB 1696.

By Representatives DeLoach of the 172nd, Mosley of the 171st and Barnard of the 154th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Hinesville in the County of Liberty," so as to change the corporate limits of said city.

HB 1474.

By Representatives Hudson of the 120th and Jackson of the 112th:
A bill to amend an Act providing for the Board of Commissioners of McDuffie County, so as to change the compensation of the chairperson.

HB 1621.

By Representatives Lane of the 146th and Martin of the 145th:
A bill to amend an Act creating the board of commissioners of Bulloch County, so as to change the compensation of the members of the board of commissioners; to provide for staggered terms for members of the board of commissioners.

HB 1612.

By Representative Birdsong of the 123rd:
A bill to abolish the present mode of compensating the coroner and deputy coroner of Twiggs County, known as the fee system; to provide in lieu thereof an annual salary for the coroner and deputy coroner; to provide for annual cost-of-living increases in the salaries of such officers.

HB 1322.

By Representatives Squires of the 78th and Unterman of the 84th:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, memorials, recreation areas, and other similar facilities, so as to establish the official gardens and nature centers of Georgia.

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

HB 1082.

By Representative Greene of the 158th:

A bill to provide for the Magistrate Court of Stewart County.

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

SR 783. By Senators Hooks of the 14th, Johnson of the 1st and Hill of the 4th:

A resolution creating the Joint Study Committee on the Stewardship Policy of the Old Governor's Mansion; and for other purposes.

1746

JOURNAL OF THE SENATE

Referred to the Committee on State and Local Governmental Operations.
SR 787. By Senator Kemp of the 3rd:
A resolution designating the Charles Frederick Warnell, Sr., Highway; and for other purposes.
Referred to the Committee on Transportation.
SR 794. By Senators Hill of the 4th, Madden of the 47th, Jackson of the 50th and Perdue of the 18th:
A resolution creating the Senate Study Committee on Rural Hospitals; and for other purposes.
Referred to the Committee on Rules.
The following bills of the House were read the first time and referred to committee:
HB 1683. By Representative Reese of the 85th:
A bill to be entitled an Act to amend an Act creating a new charter for the City of Suwanee, approved April 9, 1999 (Ga. L. 1999, p. 3729), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1706. By Representatives Manning of the 32nd, Sauder of the 29th, Parsons of the 40th and others:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Marietta ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for an alternative homestead exemption from certain City of Marietta ad valorem taxes for municipal purposes in the amount of $6,000.00 of the assessed value of that homestead for residents of the City of Marietta which shall become effective only under certain circumstances; to provide for definitions; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1711. By Representatives Shipp of the 38th, Sauder of the 29th, Parsons of the 40th and others:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Acworth ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1712. By Representatives Shipp of the 38th, Sauder of the 29th and Parsons of the 40th:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Kennesaw ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death

Monday, March 20, 2000

1747

so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1713. By Representatives Sauder of the 29th, Golick of the 30th and Manning of the 32nd:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Smyrna ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1716. By Representatives McClinton of the 68th, Mobley of the 69th and Stuckey of the 67th:
A bill to be entitled an Act to provide for a homestead exemption from certain City of Decatur ad valorem taxes for municipal purposes in the amount of not less than $2,000.00 and not more than $50,000.00 of the assessed value of that homestead for residents of the City of Decatur with such amount to be determined annually by the governing authority of the city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1744. By Representative Coleman of the 142nd:
A bill to be entitled an Act to provide for the compensation and expenses of the chairperson and members of the Board of Education of Dodge County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1745. By Representative McCall of the 90th:
A bill to be entitled an Act to provide that the judge of the Probate Court of Lincoln County shall also serve as the chief magistrate of the Magistrate Court of Lincoln County; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to provide for vacancies; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1746. By Representatives Hammontree of the 4th and Mann of the 5th:
A bill to be entitled an Act to amend an Act providing a homestead exemption from City of Dalton ad valorem taxes for city purposes in the amount of $75,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and have annual incomes not exceeding $20,000.00, approved April 2, 1998 (Ga. L. 1998, p. 4104), so as to provide for an increase in the income ceiling; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

Referred to the Committee on State and Local Governmental Operations.

HB 1747. By Representatives Hammontree of the 4th and Mann of the 5th:

A bill to be entitled an Act to amend an Act creating a new charter for the City of Cohutta, approved April 10, 1969 (Ga. L. 1969, p. 2529), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4190), so as to provide for further annexation and related matters; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1748. By Representatives Hammontree of the 4th and Mann of the 5th:

A bill to be entitled an Act to amend an Act providing a homestead exemption from certain City of Dalton Independent School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and have annual incomes not exceeding $20,000.00, approved April 2, 1998 (Ga. L. 1998, p. 4104), so as to provide for an increase in the exemption amount and the income ceiling; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1752. By Representative Byrd of the 170th:

A bill to be entitled an Act to provide for a range of compensation for the chairperson and members of the board of commissioners of Telfair County; to provide that the precise amount of such compensation shall be determined by the chairperson of said board; to provide for expenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

The following committee reports were read by the Secretary:

Mr. President:

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

HB 350. Do pass. HB 1717. Do pass. HB 1715. Do pass. HB 1685. Do pass. HB 1697. Do pass. HB 1701. Do pass. HB 1733. Do pass. HB 1734. Do pass. HB 1735. Do pass. HB 1736. Do pass. HB 1739. Do pass. HB 1740. Do pass. HB 1731. Do pass.

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

Monday, March 20, 2000

1749

Mr. President:

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

HR 1351. Do pass.

Respectfully submitted, Senator Scott of the 36th District, Chairman

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

Balfour Bowen Broun Brush Burton Butler Cable Cagle Crotts Dean Fort Gillis Gingrey Golden Guhl Hamrick
Those not answering were:

Harbison Hill Hooks Huggins Jackson James Kemp Ladd Lamutt Land Lee Madden Marable M V Bremen Perdue Polak

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

Blitch Brown Cheeks Egan (excused) Hecht Johnson, E. Smith Starr (presiding)

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

Senators: Hecht of the 34th Blitch of the 7th

The President assumed the Chair.

Prayer was offered by Pastor Creflo Dollar of World Changers Ministries, College Park, Georgia.

The following resolutions were read and adopted:

SR 780.

By Senators Thomas of the 2nd and Hill of the 4th: A resolution expressing regret at the passing of Annie Oneta Plummer; and for other purposes.

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JOURNAL OF THE SENATE

SR 781. SR 782. SR 784. SR 785. SR 786.
SR 788. SR 789. SR 790. SR 791. SR 792. SR 793. SR 795.

By Senator Hill of the 4th: A resolution expressing regret at the passing of Sergeant Gary Grant Scott; and for other purposes. By Senator Tate of the 38th: A resolution commending the Martin Luther King, Jr., Drive Merchants Association; and for other purposes. By Senators James of the 35th and Golden of the 8th: A resolution commending ShaRhonda Stadium; and for other purposes. By Senators James of the 35th and Golden of the 8th: A resolution commending ShaKira Stadium; and for other purposes. By Senators Kemp of the 3rd, Guhl of the 45th, James of the 35th and others: A resolution urging judges to encourage noncustodial parents to actively participate in their child's life by expanding visitation and setting minimum standards for visitation and to bring Georgia in line with the national average of visitation for noncustodial parents; and for other purposes. By Senators Hill of the 4th, Jackson of the 50th and Marable of the 52nd: A resolution listing the goals and outcome measures for state policy on childhood care and education and urging state agencies to comply; and for other purposes. By Senators Starr of the 44th and Hecht of the 34th: A resolution commending the Gateway Village project in Clayton County; and for other purposes. By Senators Streat of the 19th and Williams of the 6th: A resolution honoring Fluis and Frances Lairsey; and for other purposes. By Senator Tate of the 38th: A resolution commending Sanquinetta M. Dover; and for other purposes. By Senator Tate of the 38th: A resolution commending the Reverend J. Douglas Childers; and for other purposes. By Senator Balfour of the 9th: A resolution commending the Brookwood High School swim team for placing second in the AAAA state swim championships; and for other purposes. By Senator Tate of the 38th: A resolution honoring Pastor Gregory Anthony Sutton; and for other purposes.

Monday, March 20, 2000

1751

SR 796. By Senator Hill of the 4th: A resolution commending Kristen L. Hiscox as a University System of Georgia Outstanding Scholar on Academic Recognition Day; and for other purposes.
SR 797. By Senators Brush of the 24th and Cheeks of the 23rd: A resolution commending the Augusta Christian School baseball team; and for other purposes.
SR 798. By Senators Brush of the 24th and Cheeks of the 23rd: A resolution commending the Augusta Christian School boys' basketball team; and for other purposes.
HR 1360. By Representatives Bunn of the 74th and O'Neal of the 75th: A resolution commending the Rockdale 2000 Literacy Task Force; and for other purposes.
The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House:

HB 1754.

By Representative Jamieson of the 22nd:

A bill to amend an Act providing for a homestead exemption from certain Banks County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county, so as to increase the amount of such exemption and authorize such exemption to be received by disabled persons.

The following bill of the House was read the first time and referred to committee: HB 1754. By Representative Jamieson of the 22nd:

A bill to be entitled an Act to amend an Act providing for a homestead exemption from certain Banks County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county, approved February 18, 1997 (Ga. L. 1997, p. 4091), so as to increase the amount of such exemption and authorize such exemption to be received by disabled persons; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR

Monday, March 20, 2000 Thirty-ninth Legislative Day

(The names listed with each bill are the Senators whose districts are affected by the legislation.)

1752 HB 1717 HB 1715 HB 1685
HB 1697 HB 1701

JOURNAL OF THE SENATE
Brush of the 24th
COLUMBIA COUNTY
A bill to be entitled an Act to amend an Act providing for a supplement to the compensation, expenses, allowances, and supplements of the judge of the probate court, the tax commissioner, and the clerk of the Superior Court of Columbia County, approved April 5, 1993 (Ga. L. 1993, p. 4582), so as to include longevity increases in the salaries; to clarify the manner by which such salaries are calculated; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Dean of the 31st
CITY OF CEDARTOWN
A bill to be entitled an Act to amend an Act providing a new charter for the City of Cedartown, approved April 5, 1994 (Ga. L. 1994, p. 4628), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Madden of the 47th
CITY OF ILA
A bill to be entitled an Act to provide a new charter for the City of Ila; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor, mayor pro tem., and city council and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
Ray of the 48th Price of the 56th
CITY OF DULUTH
A bill to be entitled an Act to amend an Act entitled, "An Act providing a new charter for the City of Duluth," approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4400), and an Act approved March 25, 1996 (Ga. L. 1996, p. 3559), so as to amend the description of the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Cable of the 27th
CRAWFORD COUNTY
A bill to be entitled an Act to amend an Act reconstituting the Board of Education of Crawford County, approved March 19, 1993 (Ga. L. 1993, p. 4136), so as to change the method of compensating the members of the Board of Education of Crawford County; to provide for the reimbursement of expenses incurred by board members for travel outside

HB 1733
HB 1734 HB 1735 HB 1739 HB 1740

Monday, March 20, 2000

1753

of the county; to provide an effective date; to repeal conflicting laws; and for other purposes.
Meyer von Bremen of the 12th
CITY OF SHELLMAN
A bill to be entitled an Act to provide a new charter for the City of Shellman; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
Kemp of the 3rd
CITY OF LUDOWICI
A bill to be entitled an Act to amend an Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 3667), as amended, particularly by an Act revising said charter, approved March 21, 1980 (Ga. L. 1980, p. 3667), so as to change the corporate limits of the City of Ludowici by annexing certain territory into the city; to provide for related matters; to repeal conflicting laws; and for other purposes.
Brush of the 24th
COLUMBIA COUNTY
A bill to be entitled an Act to amend an Act providing for a supplement to the compensation, salary, expenses, and allowances of the Sheriff of Columbia County, approved February 18, 1977 (Ga. L. 1977, p. 2719), so as to clarify how the salary of such sheriff is to be calculated; to provide an effective date; to repeal conflicting laws; and for other purposes.
Smith of the 25th
CITY OF GRAY
A bill to be entitled an Act to amend an Act incorporating the City of Gray, approved August 22, 1911 (Ga. L. 1911, p. 1267), as amended, so as to provide that the City of Gray may acquire, construct, and maintain, by condemnation or otherwise, inside or outside the city limits, public ways, public grounds, public buildings, sewers, drains, sewage treatment and waterworks systems, and any other public water and sewer improvements; to provide that such city, by ordinance, may establish and enforce rules and regulations necessary to preserve order, peace, and dignity on any property or facilities so acquired; to repeal conflicting laws; and for other purposes.
Smith of the 25th
JASPER COUNTY

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JOURNAL OF THE SENATE

A bill to be entitled an Act to amend an Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), as amended, so as to change certain provisions regarding compensation and expenses of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

HB 1731

Perdue of the 18th

CITY OF COCHRAN

A bill to be entitled an Act to provide a new charter for the City of Cochran; to provide for the name, corporate boundaries, and powers of the city and the governing authority; to provide for the structure of the government of the city; to provide for a city council and the membership, officers, election, terms, qualifications, vacancies, compensation, and expenses thereof; to provide for a mayor; to prohibit conflicts of interest and holding other offices; to provide for disclosures and ethics; to provide for inquiries and investigations; to provide for eminent domain; to provide for meetings and rules of procedure; to provide for quorums and voting; to provide for ordinances, resolutions, emergencies, and codes of technical regulations; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

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

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

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

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

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

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

The bills on the Local Consent Calendar, having received the requisite constitutional majority, were passed.

The following uncontested resolutions of the House, favorably reported by the committees as listed on the General Consent Calendar for Commemorative Resolutions, were put upon their adoption:

GENERAL CONSENT CALENDAR FOR
COMMEMORATIVE RESOLUTIONS

Monday, March 20, 2000

1755

Monday, March 20, 2000 THIRTY-NINTH LEGISLATIVE DAY HR 756 Tom Triplett Parkway; designate (Substitute) (Trans-2nd) Stephens-150th HR 847 Wilson, Ellen Louise Axson; place portrait in Capitol (Substitute) (EDT&CA-52nd) Childers-13th HR 1149 Steven L. Parks Interchange; designate (Trans-19th) Benefield-96th HR 1150 Fred Moody Highway; designate (Trans-19th) Byrd-170th HR 1151 Paul Byrd Highway; designate (Trans-19th) Byrd-170th HR 1188 Billy Browning Highway; designate (Trans-7th) Houston-166th HR 1207 J. W. Orr Memorial Highway; designate (Trans-48th) Massey-86th HR 1211 Primus King Highway; designate (Trans-15th) Smyre-136th HR 1231 James E. Williams Bridge; designate (Substitute) (Trans-14th) Ray-128th
Senator Blitch of the 7th asked unanimous consent that HR 1188 be held off the General Consent Calendar for Commemorative Resolutions and voted on separately. The consent was granted. Senator Hooks of the 14th asked unanimous consent that HR 1231 be held off the General Consent Calendar for Commemorative Resolutions and voted on separately. The consent was granted. The following substitutes were put upon their adoption:
*HR 756
The Senate Transportation Committee offered the following substitute to HR 756: A RESOLUTION
Designating the Tom Triplett Parkway; and for other purposes. WHEREAS, Honorable Tom Triplett is currently serving with distinction as vice chairman of the State Transportation Board; and WHEREAS, having first been elected to the board in 1993, he represents the First Congressional District; and WHEREAS, he served as an outstanding member of the House of Representatives for 18 years, was chairman of the House Committee on Transportation for eight years, and was a knowledgeable and influential member of the Committees on Appropriations and Banks and Banking; and WHEREAS, he served as mayor and councilman of the City of Port Wentworth and is a former member of the Board of Public Education for the City of Savannah and County of Chatham; and WHEREAS, he is a native of Boone, North Carolina, and a graduate of Chilhowie High School and Bluefield College; and

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JOURNAL OF THE SENATE

WHEREAS, following four years of service to his country as a member of the United States Air Force, he had a long and distinguished career with C&S Bank in Savannah; and
WHEREAS, it is only fitting and proper that Honorable Tom Triplett be recognized for his exemplary record of public service to the citizens of this state.
NOW, THEREFORE, BE IT RESOLVED BY GENERAL ASSEMBLY OF GEORGIA that Georgia Highway 21 from its intersection with the corporate limits of Port Wentworth and Garden City to the boundary between the Counties of Effingham and Chatham is designated the Tom Triplett Parkway.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such parkway.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Honorable Tom Triplett and the Department of Transportation.
On the adoption of the substitute the yeas were 46, nays 0; and the substitute was adopted.
*HR 847
The Senate Economic Development, Tourism and Cultural Affairs Committee offered the following substitute to HR 847:
A RESOLUTION
Directing the acceptance and placing in the State Capitol of a portrait of Ellen Louise Axson Wilson, the first First Lady from Georgia; and for other purposes.
WHEREAS, Ellen Louise Axson Wilson became First Lady of the United States in 1913, upon the inauguration of her husband, Woodrow Wilson, as President of the United States; and
WHEREAS, she was born in Savannah, Georgia, on May 15, 1860, moved to Rome, Georgia, in 1866, and graduated from Rome Female College in 1876; and
WHEREAS, her father, the Reverend Samuel Edward Axson, was pastor of Rome's First Presbyterian Church when Woodrow Wilson first saw Ellen Louise Axson at church in 1883; and
WHEREAS, she married Woodrow Wilson in Savannah, Georgia, in 1885; and
WHEREAS, she was a professional artist who donated her earnings to numerous causes, including the Berry School; and
WHEREAS, she was the first activist First Lady in championing improved working conditions for women and better housing for the homeless of Washington, D.C., and was a mentor of Eleanor Roosevelt on social issues; and
WHEREAS, she died in the White House in 1914 and was buried in Rome, Georgia; and
WHEREAS, her accomplishments and status as Georgia's first First Lady are largely unrecognized; and
WHEREAS, the citizens of Rome, Georgia, and Floyd County, Georgia, have agreed to provide a portrait of Ellen Louise Axson Wilson to the State of Georgia for permanent display in the State Capitol.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body recognizes the first First Lady from Georgia, Ellen Louise Axson Wilson, and directs that her portrait be accepted when offered to the state and placed in an appropriate place in the State Capitol unless the Georgia Arts Policy

Monday, March 20, 2000

1757

Committee is formed by the General Assembly and votes to decline such gift on or before September 1, 2000, in which case that committee's decision shall control.

On the adoption of the substitute the yeas were 46, nays 0; and the substitute was adopted.

The report of the committees, which were favorable to the adoption of the resolutions as reported, were agreed to.

On the adoption of the resolutions on the General Consent Calendar for Commemorative Resolutions, a roll call was taken, and the vote was as follows:

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

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

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

On the adoption of the resolutions, the yeas were 46, nays 0.

The resolutions on the General Consent Calendar for Commemorative Resolutions, except HR 756, HR 847, HR 1188 and HR 1231, having received the requisite constitutional majority, were adopted.

HR 756 and HR 847, having received the requisite constitutional majority, were adopted by substitute.

The following resolutions were read and put upon their adoption:

HR 1231. By Representative Ray of the 128th:

A resolution designating the James E. Williams Bridge; and for other purposes.

Senate Sponsor: Senator Hooks of the 14th.

The Senate Transportation Committee offered the following substitute to HR 1231: A RESOLUTION

Designating the James E. Williams Bridge; designating the Corporal Howell Cobb Dees, USMC, Bridge; and for other purposes.

Part 1

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JOURNAL OF THE SENATE

WHEREAS, James E. Williams, a retired military man, served as mayor of Byron, Georgia, for over 20 years, working full-time hours for part-time pay; and
WHEREAS, former Mayor Williams was instrumental in creating necessary economic and physical growth for his city, attracting major new businesses, and successfully annexing some important surrounding areas to the city; and
WHEREAS, he paved the way for smart growth by extending water and sewer services, providing better lighting along I-75, acquiring an EDA grant, and obtaining several Community Development Block Grants for the beautiful revitalization of several lower income neighborhoods; and
WHEREAS, former Mayor Williams set the standard for a dedicated public servant working to better the lives of all Georgians, and it is fitting and proper that he be honored by the naming of a bridge so future generations will appreciate his many contributions.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Highway 42 over Norfolk Southern Railroad in Byron, Georgia, be designated the James E. Williams Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating such bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to James E. Williams and to the Department of Transportation.
Part 2
WHEREAS, on September 14, 1942, on a remote Pacific island known as Guadalcanal, Corporal Howell Cobb Dees, United States Marine Corps, was fatally wounded by enemy fire and made the ultimate sacrifice for his country; and
WHEREAS, he was born in Ambrose, Georgia, on May 15, 1922, the son of John Monroe Dees and Willie Blance Dees and on September 10, 1940, at the age of 18, he answered his nation's call to duty by enlisting in the U.S. Marine Corps in Macon, Georgia, listing his occupation as "student" and he was sent to Parris Island, South Carolina, for training the following day; and
WHEREAS, he was assigned to Company "E", First Marine Raider Battalion, First Marine Division, Reinforced, where he served with distinction through heavy combat until the time of his death, and he was temporarily interred on Guadalcanal and later moved to Arlington National Cemetery; and
WHEREAS, it is only proper that the members of this body honor the memory of this young man who gave his life for his country.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Wiggins Creek on Georgia Highway 32 in Coffee County shall be designated as the "Corporal Howell Cobb Dees, USMC, Bridge."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the "Corporal Howell Cobb Dees, USMC, Bridge."
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the family of Corporal Howell Cobb Dees and Department of Transportation.
Senator Butler of the 55th offered the following amendment:
Amend the Senate Transportation Committee substitute to HR 1231
By adding below line 32 on page 2 the following:

Monday, March 20, 2000

1759

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 154 in DeKalb County from its intersection with Second Avenue in Decatur, Georgia, to its intersection with State Highway 10 in DeKalb County; and that portion of State Highway 10 in DeKalb County from its intersection with State Highway 154 to its intersection with U.S. Highway 78 in DeKalb County (Memorial Drive from Second Avenue in Decatur to U.S. Highway 78 in DeKalb County) is designated and shall henceforth be known as the Cynthia McKinney Parkway. The Department of Transportation is authorized and directed to place and maintain signs designating such parkway.
On the adoption of the amendment, the yeas were 30, nays 0, and the amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 40, nays 5, and the substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.

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

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

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

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

On the adoption of the resolution, the yeas were 40, nays 5.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

HR 1188. By Representatives Houston of the 166th, Walker of the 141st, Coleman of the 142nd and Shaw of the 176th:

A resolution honoring the life of Billy Browning and designating the Billy Browning Highway; and for other purposes.

Senate Sponsor: Senator Blitch of the 7th.

Senator Streat of the 19th offered the following amendment: Amend HR 1188 by adding:

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Dean Still Road and Hacklebarney Road with Georgia Highway 38 in Pierce County shall be designated as the Fluis and Frances Lairsey Intersection.

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Blitch Bowen
Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Hamrick Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the adoption of the resolution, the yeas were 47, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended. The following resolution was read and put upon its adoption:

HR 1351. By Representatives Murphy of the 18th, Walker of the 141st, Coleman of the 142nd and others:

A resolution to provide for the nomination and election of the state auditor; and for other purposes.

Senate Sponsor: Senator Starr of the 44th.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown
Brush Y Burton Y Butler Y Cable Y Cagle

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp

Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat

Monday, March 20, 2000

1761

Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Ladd Y Lamutt Y Land
Lee Y M V Bremen
Madden Y Marable Y Perdue Y Polak

Y Tanksley Tate
Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority was adopted.

SENATE RULES CALENDAR

Monday, March 20, 2000

THIRTY-NINTH LEGISLATIVE DAY

HB 1257

Deposit account fraud; amend definitions (Substitute) (B&FI-8th) Borders-177th

(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 15, 2000.)

HB 1375

Hotel-motel tax; certain counties and municipalities; amend provisions (F&PU-20th) Porter-143rd

HR 1081

Emanuel, Floyd, and Gordon Counties; convey property (Amendment) (F&PU-20th) Parrish-144th

HB 1234

Clinical laboratories; provisions inapplicable to certain pharmacists (H&HS-47th) Stephens-150th

HB 1230

Technical and Adult Education, State Board of; expenses and travel cost (H Ed-52nd) Coleman-142nd

HB 1413

Community affairs; state community development program; create (V&CA-15th) Hanner-159th

HB 1135

State administrative space management; tier 1 or 2 counties (EDT&CA-28th) Buck-135th

HB 1562

Lake Sidney Lanier Watershed Governance Council; create (Nat R-48th) Unterman-84th

HB 1577

Revenue and taxation; certain records; access for research purposes (F&PU-31st) Buck-135th

HB 811

Randolph County; superior court; change terms (SLGO-G-12th) Greene-158th

HB 818

Insurance; certain policy cancellation; notice not required (Substitute) (I&L-51st) Harbin-113th

HB 1180

Driving on left side of roadway; further limitations (Substitute) (Trans-23rd) Parham-122nd

HB 1426

Soil erosion; certain buffer zones; land-disturbing activities (Amendment) (Nat R-47th) Twiggs-8th

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HB 1423
HB 1428 HB 1464 HB 1541
HB 1553 HB 1654
HR 850
HB 1363 HB 1405
HB 1601 HB 1224 HB 1412
HR 1208
HB 646
HB 1381
HB 340 HB 1197 HB 767
HB 1469 HB 1079
HB 1361

Motor vehicle emissions; amend provisions (Substitute) (Amendment) (Nat R-47th) McCall-90th
Wills; forms; Supreme Court adopt rules governing use (S Judy-40th) Holland-157th
Soil and water conservation districts; certain liability (Judy-48th) Jamieson-22nd
Fulton County; certain courts; certain judges; repeal Act fixing salaries (Judy-34th) Martin-47th
Public roads; transportation funds; allocation (Substitute) (Trans-19th) Skipper-137th
Southwest Georgia Railroad Excursion Authority; create (Substitute) (Trans-14th) Skipper-137th
Joint House and Senate Long-Term Care Industry Study Committee- create (Substitute) (Rules-10th) Bordeaux-151st
State Records Committee; additional member (DS&T-26th) Randall-127th
Juveniles; transfer jurisdiction to another court; lower age to 13 years (Amendment) (Judy-3rd) Connell-115th
Liens; nonconforming; expedited cancellation (Judy-48th) Connell-115th
Valuation of motor vehicles; amend provisions (F&PU-41st) Stancil-16th
Correctional institutions; release of inmate; certain notification (Amendment) (Corr-34th) Richardson-26th
Committee for the Celebration of 250 Years of Representative Government in Georgia; create (Rules-31st) Murphy-18th
Dialysis facilities and technicians; licensing; inspections (Substitute) (Amendment) (H&HS-11th) Childers-13th
Insurance; property; surety insurers; telephone number (Substitute) (V&CA-24th) Watson-70th
Subpoenas; witness fees and mileage; amend provisions (S Judy-40th) Wiles-34th
Georgia Art Policy Committee; create (EDT&CA-46th) Purcell-147th
Employees' Retirement; temporary full-time employees; creditable service (Ret-55th) Mosley-171st
Charlton County; homestead exemption; certain residents (F&PU-7th) Smith-175th
Public works construction contracts; amend provisions (Substitute) (SLGO-G-48th) Shanahan-10th
Political ads; photographic identification of purchaser; requirements (Judy-3rd) Lucas-124th

HB 1240 HB 1396 HB 1031 HB 1383 HB 1118 HB 1379 HB 1265 HB 904 HB 1372 HR 1079 HB 1133 HB 887 HB 801 HB 1312 HB 1376 HB 517 HB 1391 HB 1392 HB 1285 HB 1311 HB 1457 HB 1291

Monday, March 20, 2000

1763

Sodomy with person less than 10 years of age; aggravated sodomy (Substitute) (Judy-12th) Campbell-42nd
Georgia Veterans Cemetery-provisions (V&CA-15th) Birdsong-123rd
Legislative Retirement; discretionary allowance increase (Ret-41st) Bannister-77th
Malt beverage; redefine; excise tax provisions (Substitute) (F&PU-22nd) Williams-114th
Rehabilitated historic property; preferential assessment; certain trees (F&PU-45th) Burkhalter-41st
State employees' hlth ins plan; include certain emp of Ga-Fed State Inspection Service (Substitute) (I&L-8th) Hudson-156th
Ad valorem tax returns; signature; false swearing (F&PU-42nd) Smith-12th
Childhood Lead Exposure Control Act; enact (Substitute) (Nat R-20th) Smyre-136th
Atlanta, City of; state court; incorporate certain provisions (SLGO-G-10th) Martin-47th
Commission on Psychiatric Medication of School-Age Children; create (H&HS-2nd) Stanley-5 0th
Child custody; age eleven or over; consider wishes of child (Amendment) (Judy-3rd) Ehrhart-36th
Firefighter's Pension; membership; definition; repeal certain provision (Ret-47th) Hudson-156th
Income tax credits; low-emission vehicles; certain electric chargers (F&PU-1st) Scheid-17th
Atlanta, City of; municipal court; costs and fees (SLGO-35th) Martin-47th
Environmental Protection Division of DNR; certain labs; rules for accreditation; effective date (Nat R-47th) West-101st
Ski Area Safety Act; enact (I&L-50th) Twiggs-8th
Workers' compensation; redefine employee; certain State Defense Force members (I&L-15th) Birdsong-123rd (ENGROSSED IN HOUSE)
Brady law; eliminate certain exemption for certain peace officers (Pub Saf-24th) Jenkins-110th
Taxpayers' pension advocate; involuntary separation (Ret-41st) Irvin-45th
Emergency management; certain search and rescue dog teams; licensing (Pub Saf-53rd) Jenkins-110th
Public retirement system; investment authority; amend provisions (F&PU-23rd) Cummings-27th
Hotel-motel tax; additional purposes; certain counties (F&PU-45th) Bunn-74th

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HB 1229
HB 1348 HR 956 HR 851
HB 542
HB 1256
HB 1206 HB 1296
HB 1310 HB 326 HB 446
HR 1011
HB 1354 HB 468 HB 1204 HB 1441

Cigarettes and tobacco related objects; sales to minors; special agents (V&CA-15th) Coleman-142nd
Railway passenger service routes; establish (Substitute) (Trans-19th) Smith-169th
Chatham County; convey property (Substitute) (F&PU-40th) Mueller-152nd
Childhood care and education; goals; urge state agencies to comply (H&HS-38th) Orrock-56th
Telephone solicitation; caller state business name and number (Amendment) (V&CA-47th) Heard-89th
Disabled or deaf persons; guide or service dogs; expanded provisions (V&CA-38th) Stallings-100th
Juvenile court clerks; training; clerks pro tem (Amendment) (Judy-50th) Scheid-17th
County boards of tax assessors; removal; review; civil service coverage (Substitute) (F&PU-1st) Jamieson-22nd
Intangible recording tax; collections; reports; distribution (F&PU-50th) Jenkins-110th
Private detective and security agencies; amend provisions (DS&T-24th) Reichert-126th
Ad valorem tax; spouse of certain military; homestead exemption (F&PU-23rd) Birdsong-123rd
Joint Study Committee on Historic Local Government Records; create (Substitute) (EDT&CA-44th) Parham-122nd
Quia timet; special master; clouds on title; removal (Judy-48th) Crawford-129th
Georgia Radio Utility Act; repeal (F&PU-31st) Reichert-126th
Estates; vesting of property in heirs; administrator (Judy-3rd) Murphy-18th
Motor Vehicle Safety, Department of; create (Substitute) (Trans-33rd) Murphy-18th
Respectfully submitted, /s/ Scott of the 36th, Chairman Senate Rules Committee

The following general bill of the House, having been read the third time and final action suspended on March 15, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:
HB 1257. By Representatives Borders of the 177th, Shaw of the 176th and Stallings of the 100th:
A bill to be entitled an Act to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to change definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Golden of the 8th.

Monday, March 20, 2000

1765

The substitute offered by Senators Golden of the 8th, Lee of the 29th and Crotts of the 17th on March 15, as it appears in the Journal of March 15, was automatically reconsidered.

On the adoption of the substitute, the yeas were 38, nays 0, and the Golden, et al., 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, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E
Kemp Y Ladd Y Lamutt
Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following general bills were read the third time and put upon their passage:

HB 1375. By Representatives Porter of the 143rd and Coleman of the 142nd:
A bill to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on the furnishing for value to the public of any rooms, lodgings, or accommodations, so as to change certain provisions regarding the levy and collection of such tax; to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for requirements and limitations with respect thereto; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Gillis of the 20th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun

Y Hamrick Y Harbison Y Hecht Y Hill

Y Price,R Y Price,T Y Ragan N Ray

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Y Brown Y Brush Y Burton Y Butler Y Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt
Land Y Lee Y M V Bremen Y Madden Y Marable
Perdue Y Polak

Y Scott Y Smith Y Starr
Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Walker Y Williams

On the passage of the bill, the yeas were 46, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HR 1081. By Representatives Parrish of the 144th, Childers of the 13th, Smith of the 12th and Shanahan of the 10th:

A resolution authorizing the conveyance of certain state owned real property located in Emanuel County, Georgia; authorizing the conveyance of certain state owned property located in Floyd County, Georgia; authorizing the conveyance of certain state owned real property in Gordon County, Georgia; and for other purposes.

Senate Sponsor: Senator Gillis of the 20th.

The Senate Finance and Public Utilities Committee offered the following amendment:

Amend HR 1081 by striking from line 11 of page 6 the following: "the City of Rome,".

By striking from line 21 of page 6 the following:

"the City of Rome,".

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable
Cagle

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat

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1767

Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Tanksley Y Tate
Thomas,D Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended.

HB 1234. By Representatives Stephens of the 150th, Childers of the 13th, West of the 101st and others:

A bill to be entitled an Act to amend Chapter 22 of Title 31 of the Official Code of Georgia Annotated, relating to clinical laboratories, so as to change the provisions relating to applicability; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Madden of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate
Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1230. By Representatives Coleman of the 142nd, Parrish of the 144th and Porter of the 143rd:

A bill to be entitled an Act to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to the expense allowance and travel cost reimbursement for members of certain boards and commissions, so as to provide for the inclusion of the State Board of Technical and Adult Education; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

Senate Sponsor: Senator Marable of the 52nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks
Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1413. By Representatives Hanner of the 159th, Coleman of the 142nd, Royal of the 164th and others:

A bill to be entitled an Act to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Community Affairs, so as to revise and change certain provisions regarding grants and other disbursements of funds; to provide for procedures, conditions, and limitations with respect to certain loans; to create the state community development program; to provide for funds and use thereof; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Harbison of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Stephens Y Stokes

Monday, March 20, 2000

1769

Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Kemp Ladd
Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson Walker Williams

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1135. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:

A bill to be entitled an Act to amend Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, so as to change certain provisions regarding preferences to certain economically depressed counties; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Price of the 28th.

Senators Price of the 28th and Starr of the 44th offered the following amendment:

Amend HB 1135 by adding between lines 8 and 9 on page 1 the following:

"Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint development authorities, is amended by adding at the end the following:
'(g) A joint authority created and activated by two or more counties, all of which are classified as tier 1 counties pursuant to Code Section 48-7-40, shall include one member of the authority who resides in one of those counties, who shall be appointed by the Governor for a term of two years.'

SECTION 1.1."

On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun
Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt
Land

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D

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Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Thomas,N Y Thomas,R Y Thompson
Walker Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1562. By Representatives Unterman of the 84th, Hanner of the 159th and Rogers of the 20th:

A bill to be entitled an Act to create the Lake Sidney Lanier Watershed Governance Council; to provide a statement of legislative intent; to provide a statement of purpose; to define certain terms; to provide for powers of the council; to provide for membership and the appointment of members; to provide for officers; to provide for the duties of officers; to provide for meetings; to provide for a budget; to provide for oversight; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Ray of the 48th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1577. By Representatives Buck of the 135th, Royal of the 164th and Smith of the 175th:

A bill to be entitled an Act to amend Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization regarding revenue and taxation, so as to authorize the state revenue commissioner to allow certain access to certain confidential materials,

Monday, March 20, 2000

1771

documents, and information for certain research purposes; to provide for procedures, conditions, and limitations; to provide for criminal penalties; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Dean of the 31st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour N Blitch Y Bowen Y Broun Y Brown N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt
Land N Lee Y M V Bremen
Madden Y Marable N Perdue Y Polak

N Price,R N Price,T
Ragan N Ray
Scott Y Smith Y Starr N Stephens Y Stokes Y Streat
Tanksley Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson Walker N Williams

On the passage of the bill, the yeas were 27, nays 22.

The bill, having failed to receive the requisite constitutional majority, was lost.

Senator Dean of the 31st gave notice that at the proper time he would move that the Senate reconsider its action in defeating HB 1577.

The President set the time for reconsideration at 11:50 a.m.

HB 811. By Representative Greene of the 158th:

A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Randolph County; and for other purposes.
Senate Sponsor: Senator Meyer von Bremen of the 12th.

Senator Golden of the 8th offered the following amendment:

Amend HB 811 by adding after the word "County" on line 4 the words "and Brooks County"; by adding before the second word "of" on line 9 the words "and (A) of paragraph (35)"; by replacing the word "its" on line 10 with the word "their"; and by adding between lines 12 and 13 the following:

"'(A) Brooks County -- First Monday in April and November October.'"

On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted.

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JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T
Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Dean of the 31st moved that Senator Thompson of the 33rd be excused. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Thompson was excused.
The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has adopted, by substitute, by the requisite constitutional majority the following resolution of the Senate:

SR 134.

By Senators Price of the 56th, Stephens of the 51st and Gingrey of the 37th: A resolution creating the Georgia DUI Study Commission.

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

SR 459.

By Senators Walker of the 22nd, Dean of the 31st, Streat of the 19th and others:
A resolution creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

Monday, March 20, 2000

1773

SB 95.

By Senators Thomas of the 10th, Brush of the 24th and James of the 35th:

A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to education and training of persons regulated by the State Board of Cosmetology; to require certain continuing education; to require licensing of instructors in private cosmetology schools.

The Calendar was resumed.

HB 818. By Representative Harbin of the 113th:

A bill to amend Code Section 33-24-44 of the Official Code of Georgia Annotated, relating to cancellation of policies generally, so as to provide that notice of cancellation shall not be required in certain cases; and for other purposes.

Senate Sponsor: Senator Stephens of the 51st.

The Senate Insurance and Labor Committee offered the following substitute to HB 818:

A BILL

To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to examination of insurers and organizations and effect of insurer's change of domicile from Georgia; to change certain provisions relating to requirements as to capital stock or surplus generally; to repeal certain provisions relating to compliance with minimum surplus requirements for mutual insurers; to change certain provisions relating to fees and charges generally; to change certain provisions relating to proceedings for correction of deficiency in assets or capital of insurer and institution of delinquency proceedings upon failure to correct deficiency; to change certain provisions relating to procedure for establishment of health maintenance organizations generally, notice of modification, and exemption of item from filing requirements; to define certain terms; to change certain provisions relating to applicability of certain medicare supplement insurance provisions; to make certain risk-based capital level provisions applicable to certain health organizations; to change certain provisions relating to definitions; to change certain provisions relating to annual risk-based capital level report required and computations; to change certain provisions relating to company action level events, preparation and submission of risk-based capital level plans, hearings, and out-of-state filings; to change certain provisions relating to regulatory action level events, preparation and submission of risk-based capital level plans, determination of corrective actions, and hearings; to change certain provisions relating to mandatory control level events and actions by the Commissioner; to change certain provisions relating to provisions for supplementing other laws and exemption for certain domestic property and casualty insurers; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to redesignate certain provisions relating to motor vehicle self-insurers as a Code section in Title 33 of the Official Code of Georgia Annotated, relating to insurance; to revise certain cross-references; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (e) of Code Section 33-2-11, relating to examination of insurers and organizations and effect of insurer's change of domicile from Georgia, and inserting in lieu thereof the following:

"(e) Any insurer authorized to transact insurance in this state which changes its domicile from Georgia to another state on or after April 1, 1988, shall may be examined by the Commissioner once a year for five years, beginning on or after the occurrence of the change in domicile; provided, however, this subsection shall not apply to an insurer which changes its domicile from Georgia to another state as long as it retains in this state its principal place of business and the complete records of its assets, transactions, and affairs."

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SECTION 2.
Said title is further amended by striking subsection (a) of Code Section 33-3-6, relating to requirements as to capital stock or surplus generally, and inserting in lieu thereof the following:
"(a)(1) On or after July 1, 1995 2000, to qualify for an original certificate of authority to transact one or more classes of insurance, an insurer shall possess and thereafter maintain a minimum of $1.5 million in capital stock or in surplus.
(2)-Notwithstanding the requirements of paragraph (1) of this subsection, for the purposes of Code Section 33-7-14, the minimum capital requirement of reinsurers approved by the Commissioner pursuant to Code Section 33-7-14 shall be $200,000.00."
SECTION 3.
Said title is further amended by repealing Code Section 33-3-7.1, relating to compliance with minimum surplus requirements for mutual insurers, which reads as follows:
"33-7-7.1.
Notwithstanding any provisions of this title which might be construed to the contrary, any mutual insurer which, as of April 19, 1994, has been issued at least 25 consecutive certificates of authority to transact insurance in this state, has at least $1.5 million in surplus, and has surplus equal to at least 10 percent of its total assets shall be deemed to be in compliance with the minimum surplus requirement for mutual insurers under this title so long as it possesses and thereafter maintains at least $1.5 million in surplus and has surplus which is equal to at least 10 percent of its total assets."
SECTION 4.
Said title is further amended by striking subparagraph (W) of paragraph (6) of Code Section 33-8-1, relating to fees and charges generally, and inserting in lieu thereof the following:
"(W) Late fee for filings, per day ......................................................................15.00 100.00"
SECTION 5.
Said title is further amended by striking subsection (c) of Code Section 33-14-22, relating to proceedings for correction of deficiency in assets or capital of insurer and institution of delinquency proceedings upon failure to correct deficiency, and inserting in lieu thereof the following:
"(c) If the deficiency is not made good and proof of the act filed with the Commissioner within such 60 day period, the insurer shall be deemed insolvent and the Commissioner shall institute delinquency proceedings against it as authorized by this title. If the deficiency exists because of increased loss of reserves required by the Commissioner or because of disallowance by the Commissioner of certain assets or reduction of the value at which carried in the insurer's accounts, the Commissioner may in his or her discretion and upon application and good cause shown extend for not more than an additional 60 days the period within which the deficiency may be so made good and the proof thereof so filed."
SECTION 6.
Said title is further amended by striking subsection (a) of Code Section 33-21-2, relating to procedure for establishment of health maintenance organizations generally, notice of modification, and exemption of item from filing requirements, and inserting in lieu thereof the following:
"(a) Any domestic stock, mutual, or nonprofit corporation whose charter powers include the business of a health maintenance organization may apply to the Commissioner for and obtain a certificate of authority to establish and

Monday, March 20, 2000

1775

operate a health maintenance organization in compliance with this chapter. No person shall establish or operate a health maintenance organization in this state; sell, offer to sell, or solicit offers to purchase; or receive advance or periodic consideration in conjunction with a health maintenance organization without obtaining a certificate of authority under this chapter. A foreign corporation may qualify under this chapter, subject to its registration to do business in this state as a foreign corporation under the appropriate provisions of Title 14."
SECTION 7.
Said title is further amended by striking Code Section 33-43-1, relating to definitions, and inserting in lieu thereof the following:
"33-43-1.
As used in this chapter, the term:
(1) 'Applicant' means:
(A) In the case of an individual medicare supplement policy or subscriber contract, the person who seeks to contract for insurance benefits; and
(B) In the case of a group medicare supplement policy, the proposed certificate holder.
(1.1) 'Bankruptcy' means when a Medicare+Choice organization that is not an issuer has filed, or has had filed against it, a petition for declaration of bankruptcy and has ceased doing business in the state.
(2) 'Certificate' means any certificate delivered or issued for delivery in this state under a group medicare supplement policy.
(3) 'Certificate form' means the form on which the certificate is delivered or issued for delivery by the issuer.
(3.1) 'Continuous period of creditable coverage' means the period during which an individual was covered by creditable coverage if during the period of the coverage the individual had no breaks in coverage greater than 63 days.
(3.2)(A) 'Creditable coverage' means, with respect to an individual, coverage of the individual provided under any of the following:
(i) A group health plan;
(ii) Health insurance coverage;
(iii) Part A or Part B of Title XVIII of the Social Security Act (medicare);
(iv) Title XIX of the Social Security Act (Medicaid), other than coverage consisting solely of benefits under Section 1928;
(v) Chapter 5 of Title 10 of the United States Code (CHAMPUS);
(vi) A medical care program of the Indian Health Service or of a tribal organization;
(vii) A state health benefits risk pool;
(viii) A health plan offered under Chapter 89 of Title 5 of the United States Code (Federal Employees Health Benefits Program);
(ix) A public health plan as defined in federal regulation; or

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(x) A health benefit plan under Section 5(e) of the Peace Corps Act (22 U.S.C. Section 2504(e)). (B) Creditable coverage shall not include one or more, or any combination of, the following:
(i) Coverage only for accident or disability income insurance, or any combination thereof;
(ii) Coverage issued as a supplement to liability insurance; (iii) Liability insurance, including general liability insurance and automobile liability insurance;
(iv) Workers' compensation or similar insurance;
(v) Automobile medical payment insurance; (vi) Credit only insurance;
(vii) Coverage for on-site medical clinics; or
(viii) Other similar insurance coverage, specified in the Code of Federal Regulations as of the effective date of this Act, under which benefits for medical care are secondary or incidental to other insurance benefits.
(C) Creditable coverage shall not include the following benefits if they are provided under a separate policy, certificate, or contract of insurance or are otherwise not an integral part of the plan:
(i) Limited scope dental or vision benefits; (ii) Benefits for long-term care, nursing home care, home health care, community based care, or any combination thereof; or (iii) Such other similar, limited benefits as are specified in the Code of Federal Regulations as of the effective date of this Act. (D) Creditable coverage shall not include the following benefits if offered as independent, noncoordinated benefits:
(i) Coverage only for a specified disease or illness; or
(ii) Hospital indemnity or other fixed indemnity insurance. (E) Creditable coverage shall not include the following if offered as a separate policy, certificate, or contract of insurance: (i) Medicare supplemental health insurance as defined under Section 1882(g)(1) of the Social Security Act;
(ii) Coverage supplemental to the coverage provided under Chapter 55 of Title 10 of the United States Code; or
(iii) Similar supplemental coverage provided to coverage under a group health plan. (3.3) 'Employee welfare benefit plan' means a plan, fund, or program of employee benefits as defined in 29 U.S.C. Section 1002 (Employee Retirement Income Security Act). (3.4) 'Insolvency' means when an issuer, licensed to transact the business of insurance in this state, has had a final order of liquidation entered against it with a finding of insolvency by a court of competent jurisdiction in the issuer's state of domicile.

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(4) 'Issuer' includes insurance companies, fraternal benefit societies, health care service plans, health maintenance organizations, and any other entity delivering or issuing for delivery in this state medicare supplement policies or certificates.
(5) 'Medicare' means the 'Health Insurance for the Aged Act,' Title XVIII of the Social Security Act Amendments of 1965, as then constituted or later amended.
(6) 'Medicare supplement policy' means a group or individual policy of accident and sickness insurance or a subscriber contract of hospital and medical service associations or health maintenance organizations, other than a policy issued pursuant to a contract under Section 1876 of the federal Social Security Act (42 U.S.C. Section 1395, et seq.) or an issued policy under a demonstration project specified in 42 U.S.C. Section 1395ss(g)(1), which is advertised, marketed, or designed primarily as a supplement to reimbursements under medicare for the hospital, medical, or surgical expenses of persons eligible for medicare.
(6.1) 'Medicare+Choice plan' means a plan of coverage for health benefits under medicare Part C as defined in P.L. 105-33, and includes:
(A) Coordinated care plans which provide health care services, including but not limited to health maintenance organization plans (with or without a point-of-service option), plans offered by provider sponsored organizations, and preferred provider organization plans;
(B) Medical savings account plans coupled with a contribution into a Medicare+Choice medical savings account; and
(C) Medicare+Choice private fee-for-service plans.
(7) 'Policy form' means the form on which the policy is delivered or issued for delivery by the issuer.
(8) 'Secretary' means the secretary of the United States Department of Health and Human Services."
SECTION 8.
Said title is further amended by striking subsection (a) of Code Section 33-43-2, relating to applicability of chapter, and inserting in lieu thereof the following:
"(a) Except as otherwise specifically provided, this chapter shall apply to:
(1) All medicare supplement policies delivered or issued for delivery in this state on or after April 28, 1996 the effective date of this Act; and
(2) All certificates issued under group medicare supplement policies, which certificates have been delivered or issued for delivery in this state."
SECTION 9.
Said title is further amended by inserting in Code Section 33-56-1, relating to definitions, new paragraphs (4.1) and (4.2) to read as follows:
"(4.1) 'Health organization' means any health maintenance organization; limited health service organization; hospital, medical, or dental indemnity or service corporation; or other managed care organization licensed under this title; provided, however, that health organization does not include any life and health insurer or property and casualty insurer.
(4.2) 'Insurer' includes without limitation any health organization."
SECTION 10.

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Said title is further amended by striking paragraph (14) of Code Section 33-56-1, relating to definitions, and inserting in lieu thereof the following:
"(14) 'Total adjusted capital' means the sum of:
(A) An insurer's statutory capital and surplus, which in the case of a health organization shall be determined in accordance with the statutory accounting applicable to the annual financial statements required to be filed; and
(B) Such other items, if any, as the RBC instructions may provide."
SECTION 11.
Said title is further amended by striking subsection (c) of Code Section 33-56-2, relating to annual risk-based capital level report required and computations, and inserting in lieu thereof the following:
"(c) A property and casualty insurer's or health organization's RBC shall be determined in accordance with the formula set forth in the RBC instructions. The formula shall take into account and may adjust for the covariance between:
(1) Asset risk;
(2) Credit risk;
(3) Underwriting risk; and
(4) All other business risks and such other relevant risks as are set forth in the RBC instructions, determined in each case by applying the factors in the manner set forth in the RBC instructions."
SECTION 12.
Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 33-56-3, relating to company action level events, preparation and submission of risk-based capital level plans, hearings, and out-of-state filings, and inserting in lieu thereof the following:
"(3)(A) Provide projections of the insurer's financial results in the current year and at least the four succeeding years, both in the absence of proposed corrective actions and giving effect to the proposed corrective actions, including projections of statutory operating income, net income, capital and surplus, or surplus, except as otherwise provided by subparagraph (B) of this paragraph.
(B) In the case of a health organization, provide projections of the health organization's financial results in the current year and at least the two succeeding years, both in the absence of proposed corrective actions and giving effect to the proposed corrective actions, including projections of statutory balance sheet, operating income, net income, capital and surplus, and RBC levels. The projections for both new and renewal business may include separate projections for each major line of business and separately identify each significant income, expense, and benefit component;"
SECTION 13.
Said title is further amended by adding to Code Section 33-56-4, relating to regulatory action level events, preparation and submission of risk-based capital level plans, determination of corrective actions, and hearings, a new subsection (d) to read as follows:
"(d) The Commissioner may retain actuaries and investment experts and other consultants as may be necessary in the judgment of the Commissioner to review a health organization's RBC plan or revised RBC plan, examine or analyze the assets, liabilities, and operations, including contractual relationships, of the health organization, and

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formulate the corrective order with respect to the health organization. The fees, costs, and expenses relating to consultants shall be borne by the affected health organization or such other party as directed by the Commissioner."
SECTION 14.
Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 33-56-6, relating to mandatory control level events and actions by the Commissioner, and inserting in lieu thereof the following:
"(1) With respect to a life insurer or health organization, the Commissioner shall take such actions as are necessary to place the insurer under regulatory control under Chapter 37 of this title. In that event, the mandatory control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title, and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. If the Commissioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to the protections of Chapter 2 of this title pertaining to summary proceedings. Notwithstanding any of the foregoing, the Commissioner may forego action for up to 90 days after the mandatory control level event if the Commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90 day period."
SECTION 15.
Said title is further amended by striking Code Section 33-56-9, relating to provisions for supplementing other laws and exemption for certain domestic property and casualty insurers, and inserting in lieu thereof the following:
"33-56-9.
(a) The provisions of this chapter are supplemental to any other provisions of the laws of this state and shall not preclude or limit any other powers or duties of the Commissioner under such laws, including, but not limited to, Chapters 2, 3, 13, 14, 18, 19, 20, 21, and 37 of this title.
(b) The Commissioner may adopt reasonable rules necessary for the implementation of this chapter.
(c) The Commissioner may exempt from the application of this chapter any domestic property and casualty insurer which:
(1) Meets all three of the following criteria:
(A) Writes direct business only in this state;
(B) Writes direct annual premiums of $2,000,000.00 $2 million or less; and
(C) Assumes no reinsurance in excess of 5 percent of direct premium written; or
(2) Demonstrates to the satisfaction of the Commissioner by other means that preparation and submission of an RBC report would create an unusual and unnecessary hardship or would result in a report which is ambiguous or misleading based upon the unique nature of the company's product offerings or financial structure.
(d) The Commissioner may exempt from the application of this chapter any health organization which:
(1) Has less than 1,000 covered lives; and
(2) Has less than $1 million in direct written premiums."
SECTION 16.

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Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, and Title 33 of the Official Code of Georgia Annotated, relating to insurance, are amended by redesignating Code Section 40-9-101, relating to motor vehicle self-insurers, as Code Section 33-34-5.1.

SECTION 17.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking "Code Section 40-9-101" wherever such reference appears in each of the following Code sections and inserting in lieu thereof "Code Section 33-34-5.1":

(1) In paragraph (3) of Code Section 40-6-273.1, relating to instruction to drivers to provide certain information to other parties;

(2) In paragraph (1) of subsection (b) of Code Section 40-8-76, relating to seat belts required as equipment and safety restraints for children;

(3) In paragraph (4) of Code Section 40-9-34, relating to exceptions to requirement of security; and

(4) In paragraph (2) of subsection (a) of Code Section 40-9-80, relating to methods of giving proof and duration.

SECTION 18.

All laws and parts of laws in conflict with this Act are repealed.

Senators Stephens of the 51st and Madden of the 47th offered the following amendment:

Amend the committee substitute to HB 818 on line 18 page 3 by striking the figure "100.00" and inserting in lieu thereof the figure "15.00"

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute, the yeas were 41, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch
Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis
Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

N Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

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On the passage of the bill, the yeas were 51, nays 1.
The bill, having received the requisite constitutional majority, was passed by substitute.
HB 1180. By Representative Parham of the 122nd:
A bill to be entitled an Act to amend Code Section 40-6-45 of the Official Code of Georgia Annotated, relating to further limitations on driving on left of center of roadway, so as to change certain provisions relating to intersections and railroad grade crossings; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Cheeks of the 23rd.
The Senate Transportation Committee offered the following substitute to HB 1180:
A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to further limitations on driving on left of center of roadway; to change certain provisions relating to speed limits in construction sites; to provide for traffic citation signature requirements; 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 paragraph (2) of subsection (a) of Code Section 40-6-45, relating to further limitations on driving on left of center of roadway, and inserting in lieu thereof the following:
"(2) When approaching within 100 feet of or traversing any intersection:
(A) Intersection which is clearly marked by a solid barrier line placed on the right-hand element of a combination stripe along the center or lane line or by a solid double yellow line; or railroad
(B) Railroad grade crossing; or".
SECTION 2.
Said title is further amended by striking Code Section 40-6-188, relating to speed limits in construction sites, and inserting in lieu thereof the following:
"40-6-188.
(a) As used in this Code section, the term:
(1) 'Highway work zone' means a segment of any highway, road, or street where the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing is engaged in constructing, reconstructing, or maintaining the physical structure of the roadway or its shoulders or features adjacent to the roadway, including without limitation underground or overhead utilities or highway appurtenances, or any other type of work related thereto.
(2) 'Work zone personnel' means employees of the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing.

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(b)(1) The Department of Transportation, any county, or any municipality may designate any segment of a highway, road, or street under its jurisdiction as a highway work zone.
(2) Whenever a highway work zone is designated pursuant to paragraph (1) of this subsection, there shall be erected or posted signage of adequate size at the beginning point of such highway work zone designating the zone and warning the traveling public that increased penalties for speeding violations are in effect for the highway work zone, and there shall be erected or posted at the end of such highway work zone adequate signage indicating the end of such zone and that increased penalties for speeding violations are no longer in effect.
(a)(c)(1) The Department of Transportation or the governing authority of any county or municipal corporation is authorized to establish a temporary reduction in the maximum speed limit through any construction site highway work zone located on or adjacent to any street or highway under its respective jurisdiction. The commissioner of transportation or the local governing authority shall not be required to conduct any engineering and traffic investigation in order to establish a reduced speed limit in a highway work zone pursuant to this paragraph.
(b)(2) Whenever reduced speed zones are established pursuant to subsection (a) paragraph (1) of this Code section subsection, there shall be erected or posted signage of adequate size at the beginning point of such speed zone designating the zone and the speed limit to be observed therein, and there shall be erected or posted at the end of such speed zone adequate signage indicating the end of such speed zone, which signage shall also indicate such different speed limit as may then be observed. Signs indicating such reduced speed limit shall be spaced not further than one mile apart throughout the highway work zone. Where the speed limit established pursuant to subsection (a) paragraph (1) of this Code section subsection is at least ten miles per hour less than the established speed limit on the street or highway, there shall be erected at least 600 feet in advance of the beginning of the speed zone a sign of adequate size which shall bear the legend 'Reduce Reduced Speed Ahead.' Whenever any signage is required by this paragraph, the same shall be in addition to the signage requirements of paragraph (2) of subsection (b) of this Code section.
(d)(1) Any signage required by this Code section shall conform to applicable provisions of the Manual on Uniform Traffic Control Devices; provided, however, that nothing in this Code section shall prohibit the use of movable or portable speed limit signs in highway work zones.
(2) Any existing regulatory signage conflicting with signage erected or posted pursuant to this Code section shall be removed, covered, folded, or turned so as not to be readable by oncoming motorists.
(c)(e) A person convicted of exceeding the speed limit, reduced or otherwise, in any speed highway work zone established designated pursuant to subsection (a) of this Code section and identified at the time of the violation by such signage at the beginning of the highway work zone as required herein and, if such speed limit was reduced as provided by this Code section, by such signage at the beginning and in advance of such reduced speed zone to the extent required herein shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $100.00 $200.00 nor more than $2,000.00 or by imprisonment for a term not to exceed 12 months, or both. The provisions of this subsection shall apply without regard to whether work zone personnel were present in the highway work zone when the violation occurred.
(f) Whenever the Department of Transportation finds it necessary to designate a highway work zone within a county or municipality, the Department of Transportation shall be required to notify the county or municipality of the work activity; provided, however, that the failure of the Department of Transportation to give such notice shall not be a defense to any charge of violating the speed limit in any highway work zone."
SECTION 3.
Said title is further amended by adding a new Code Section 40-13-2.1 to read as follows:
"40-13-2.1.
(a) A person who is issued a citation as provided in this chapter or Code Section 17-6-11, relating to display of driver's license in lieu of bail, shall sign the citation to acknowledge receipt of the citation and of his or her

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obligation to appear for trial. The officer shall advise the person that signing the citation is not an admission of guilt and that failure to sign will result in the person having to post a cash bond. If the person refuses to sign the citation, it shall constitute reasonable cause to believe that the person will not appear at trial and the officer may bring the person before a judicial officer or traffic violations bureau to post a bond as is otherwise provided by law.

(b) The provisions of subsection (a) of Code Section 17-6-11 shall not apply to a person in possession of a driver's license issued by a state or foreign country that has not entered into a reciprocal agreement regarding the operation of motor vehicles with this state as provided in Chapter 5 of Title 40, which provides for the suspension of a driver's license by the other state or foreign country of a person who fails to appear for trial of a traffic offense committed in this state."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

Senator Gingrey of the 37th offered the following amendment #1:

Amend the committee substitute to HB 1180 (LC 25 1806S) by inserting "to change certain provisions relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements; to provide an instructional requirement for certain license applicants;" before "to" on line 4 of page 1.

By inserting between Sections 1 and 2 the following:

"SECTION 1A.

Said title is further amended by adding to Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, and school attendance requirements, a new subsection (a.2) to read as follows:

'(a.2)(1) On and after January 1, 2001, the department shall not issue a Class D driver's license or, in the case of a person who has never been issued a Class C driver's license by the department or the equivalent thereof by any other jurisdiction, a Class C driver's license unless such person:

(A) Has completed an approved driver education course in a driver training school or a driver education course in a public secondary school and in addition a cumulative total of at least 20 hours of driving a motor vehicle under other instruction and including at least six hours at night, all of which is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; or

(B) Has completed a cumulative total of at least 40 hours of driving a motor vehicle under instruction and including at least six hours at night, and the same is verified in writing signed before a person authorized to administer oaths by a parent or guardian of the applicant or by the applicant if such person is at least 18 years of age; provided, however, that enrollment in or completion of a driver education course is not required for purposes of this subparagraph.

(2) The commissioner shall by rule or regulation establish standards for approval of any driver education course for purposes of subparagraph (A) of paragraph (1) of this subsection, provided that such course shall be designed to educate young drivers about safe driving practices and traffic laws and to train young drivers in the safe operation of motor vehicles.'".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch N Bowen Y Broun Y Brown

Y Hamrick N Harbison Y Hecht N Hill N Hooks

Y Price,R Y Price,T N Ragan Y Ray N Scott

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Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan Y Fort N Gillis Y Gingrey N Golden Y Guhl

N Huggins N Jackson Y James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen N Madden N Marable N Perdue N Polak

N Smith Starr
Y Stephens N Stokes N Streat Y Tanksley
Tate Y Thomas,D N Thomas,N
Thomas,R Y Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 29, nays 24, and the Gingrey amendment #1 to the committee substitute was adopted.

Senator Cheeks of the 23rd moved that the Senate reconsider its action in adopting the Gingrey amendment #1.

On the motion, the President ordered a roll call, and the vote was as follows:

N Balfour Y Blitch Y Bowen N Broun Y Brown N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan N Fort Y Gillis N Gingrey Y Golden N Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson N James N Johnson,E Y Kemp N Ladd N Lamutt N Land N Lee Y M V Bremen Y Madden Y Marable Y Perdue N Polak

N Price,R N Price,T Y Ragan N Ray Y Scott Y Smith
Starr N Stephens Y Stokes Y Streat N Tanksley
Tate N Thomas,D Y Thomas,N
Thomas,R N Thompson Y Walker N Williams

On the motion, the yeas were 26, nays 27; the motion lost, and the Gingrey amendment #1 was not reconsidered.
Senator Gingrey of the 37th offered the following amendment #2:
Amend the committee substitute to HB 1180 (LC 25 1806S) by inserting before "to" on line 4 of page 1 "to change certain provisions relating to instruction permits, graduated licensing and related restrictions, and temporary licenses;".
By inserting between Sections 1 and 2 the following:
"SECTION 1B.

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Said title is further amended in Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, by striking subparagraph (b)(1)(A) and inserting in lieu thereof the following:
'(A) The Class D license holder who is less than 17 years of age shall not drive a Class C motor vehicle on the public roads, streets, of highways of this state between the hours of 11:00 P.M. and 6:00 A.M. eastern time. The Class D license holder who is at least 17 years of age shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 1:00 A.M. and 5:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, unless:
(i) Going to or from a place of business where he or she is actually employed on a regularly scheduled basis;
(ii) Going to or from an event or activity sponsored or sanctioned by a secondary or postsecondary school in which he or she is enrolled as a student;
(iii) Going to or from an event or activity sponsored or sanctioned by a religious organization; or
(iv) For the purpose of a medical, fire, or law enforcement related emergency; and'".
Senator Gingrey of the 37th asked unanimous consent that his amendment #2 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Gingrey of the 37th offered the following amendment #3:
Amend the committee substitute to HB 1180 (LC 25 1806S) by inserting before "to" on line 4 of page 1 "to change certain provisions relating to instruction permits, graduated licensing and related restrictions, and temporary licenses;".
By inserting between Sections 1 and 2 the following:
"SECTION 1C.
Said title is further amended in Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, by striking subparagraph (b)(1)(B) and inserting in lieu thereof the following:
'(B) The Class D license holder who is less than 17 years of age shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than one other passenger in the vehicle is less than 21 years of age, and the Class D license holder who is at least 17 years of age shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the driver's immediate family are less than 21 years of age; provided, however, that a Class D license holder shall not be charged with a violation of this subparagraph alone but may be charged with violating this subparagraph in addition to any other traffic offense.'".
Senator Ray of the 48th offered the following amendment:
Amend the Gingrey amendment #3 to HB 1180 by inserting "who is not a member of the driver's immediate family" on line 19 between the words "vehicle" and "is".
Senator Gingrey of the 37th asked unanimous consent that his amendment #3 be withdrawn. The consent was granted, and the amendment was withdrawn.
The amendment offered by Senator Ray of the 48th to the Gingrey amendment #3 was moot.
Senator James of the 35th offered the following amendment #5:
Amend the Senate Transportation Committee substitute to HB 1180 by inserting on line 4 on page 1 immediately following the word and symbol "roadway;" the following:

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"to require the driver of a vehicle to stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian has stepped onto the roadway on either side of the roadway;".

By redesignating Sections 2, 3, and 4 as Sections 3, 4, and 5, respectively.

By inserting a new Section 2 to read as follows:

"SECTION 2.

Said title is further amended in Code Section 40-6-91, relating to the right of way in crosswalks, by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:

'(a) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. For the purposes of this subsection, 'half of the roadway' means all traffic lanes carrying traffic in one direction of travel has stepped onto the roadway on either side of the roadway.'"

Senator Dean of the 31st moved that Senator Starr of the 44th be excused. On the motion, the yeas were 48, nays 0; the motion prevailed, and Senator Starr was excused.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush Y Burton N Butler Y Cable N Cagle N Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey N Golden Y Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks N Huggins N Jackson
James Y Johnson,E Y Kemp Y Ladd N Lamutt Y Land N Lee N M V Bremen N Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan N Ray Y Scott N Smith E Starr Y Stephens Y Stokes N Streat
Tanksley Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson Walker N Williams

On the adoption of the amendment, the yeas were 33, nays 17, and the James amendment #5 to the committee substitute was adopted.
Senator James of the 35th offered the following amendment #6:
Amend the Senate Transportation Committee substitute to HB 1180 by inserting at the end of line 5 on page 1 the following:
"to provide that it shall be unlawful to leave a child five years old or younger unattended in a motor vehicle which action proximately causes the death of or serious bodily injury to the child;"

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By redesignating Sections 3 and 4 as Sections 4 and 5, respectively.

By inserting a new Section 3 to read as follows:

"SECTION 3.

Said title is further amended by inserting at the end of Article 11 of Chapter 6 a new Code Section 40-6-256 to read as follows:

'40-6-256.

Any person who leaves unattended within a motor vehicle a child who is five years of age or younger, which action proximately causes the death of or serious bodily injury to the child, shall be guilty of a misdemeanor of a high and aggravated nature.'"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

N Balfour Y Blitch N Bowen Y Broun Y Brown Y Brush Y Burton N Butler N Cable N Cagle N Cheeks Y Crotts N Dean Y Egan Y Fort Y Gillis Y Gingrey N Golden Y Guhl

Y Hamrick Y Harbison Y Hecht N Hill N Hooks N Huggins N Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land N Lee Y M V Bremen N Madden Y Marable Y Perdue Y Polak

N Price,R Y Price,T Y Ragan N Ray Y Scott N Smith E Starr Y Stephens Y Stokes N Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson
Walker Y Williams

On the adoption of the amendment, the yeas were 34, nays 18, and the James amendment #6 to the committee substitute was adopted.
Senator Hill of the 4th offered the following amendment #7:
Amend the committee substitute to HB 1180 (LC 25 1806S) by inserting "to provide an instructional requirement for certain license applicants;" before "to" on line 4 of page 1.
By inserting between Sections 1 and 2 the following:
"SECTION 1A.
Said title is further amended in Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, by redesignating paragraph (2) of subsection (b) as paragraph (3) thereof and striking paragraph (1) of subsection (b) and inserting in lieu thereof the following:
'(b)(1)(A) Any resident of this state who is at least 16 years of age and who, for a period of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D

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driver's license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D driver's license as provided in subsection (a) of this Code section, provided that a resident and:
(i) Has completed a cumulative total of at least 50 hours of driving a Class C motor vehicle under instruction of a person at least 21 years of age who is licensed to operate such vehicle, including at least ten hours at night, and the same is verified in writing on a form provided by the department and signed by a parent or guardian of the applicant before a person authorized to administer oaths; or
(ii) Has completed a driver education course approved by the department in a driver training school or public secondary school or a driver education course in another state which the department determines to be substantially equivalent to a course approved for residents of this state and presents proof thereof acceptable to the department.
(B) (i) The commissioner shall by rule or regulation establish standards for approval of any driver education course for purposes of division (ii) of subparagraph (A) of this paragraph, provided that such course shall be designed to educate young drivers about safe driving practices and traffic laws and to train young drivers in the safe operation of motor vehicles.
(ii) Any applicant for a Class D driver's license who is at least 17 years of age and who meets all other requirements for such license shall be exempt from the requirements of divisions (i) and (ii) of subparagraph (A) of this paragraph.
(iii) The requirements of divisions (i) and (ii) of subparagraph (A) of this paragraph notwithstanding, any Class D driver's license issued prior to the effective date of said divisions shall remain valid until the expiration date of such license except when surrendered, under suspension, or revoked as otherwise provided by law.
(C) Any resident at least 16 years of age who has at any age surrendered to the department a valid instruction permit or driver's license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or driver's license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or driver's license toward meeting the eligibility requirements for a Class D driver's license the same as if such previously issued permit or driver's license were an instruction permit issued under subsection (a) of this Code section.
(2) The department shall, after all applicable requirements have been satisfied and the applicant has successfully passed a behind the wheel road test, issue to the applicant a Class D driver's license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions:
(A) The Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 1:00 A.M. and 5:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, unless:
(i) Going to or from a place of business where he or she is actually employed on a regularly scheduled basis;
(ii) Going to or from an event or activity sponsored or sanctioned by a secondary or postsecondary school in which he or she is enrolled as a student;
(iii) Going to or from an event or activity sponsored or sanctioned by a religious organization; or
(iv) For the purpose of a medical, fire, or law enforcement related emergency; and
(B) The Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the driver's immediate family are less than 21 years of age; provided, however, that a Class D license holder shall not be charged with a violation of this subparagraph alone but may be charged with violating this subparagraph in addition to any other traffic offense.'".

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Senator Hill of the 4th asked unanimous consent that his amendment #7 be withdrawn. The consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan N Ray Y Scott Y Smith E Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Smith of the 25th introduced the Honorable Edith Ingram, commended by SR 594, adopted previously. At 1:00 p.m. the President announced that the Senate would stand in recess until 2:15 p.m.

At 2:15 p.m. the President called the Senate to order.

The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President:

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 489.

By Senators Jackson of the 50th, Lee of the 29th and Butler of the 55th:
A bill to be entitled an Act to amend Code Section 42-2-8 of the Official Code of Georgia Annotated, relating to the additional duties of the commissioner of corrections, so as to provide that the commissioner is authorized to accept on behalf of and for the benefit of the Department of Corrections gifts, grants, donations, property, and services; to provide an effective date; to repeal conflicting laws.

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The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 228.

By Senators Hecht of the 34th, Thompson of the 33rd, Lee of the 29th and others:
A bill to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to change the provisions relating to the granting of new trials; to provide that under certain conditions judges shall make written findings of fact and conclusions of law with respect to motions for new trial in criminal cases.

SB 417.

By Senator Streat of the 19th:
A bill to be entitled an Act to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the sale of products produced by inmates, so as to provide that the Department of Corrections shall have the right to sell such goods or merchandise to private prisons that house inmates from the State of Georgia; to provide an effective date; to repeal conflicting laws.

SB 445.

By Senator Lee of the 29th:

A bill to be entitled an Act to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of the term "peace officer"; to include within the definition of the term "peace officer" personnel who are authorized to exercise the power of arrest and who are employed or appointed as jail officers in county jails; to provide an effective date; to repeal conflicting laws.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 346.

By Senators Lee of the 29th and Hecht of the 34th:
A bill to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to change the provisions relating to the appointment, qualifications, classification, and compensation of assistant district attorneys; to change the provisions relating to the appointment of district attorney investigators; to change provisions relating to the employment and compensation of administrative, clerical, and paraprofessional personnel by district attorneys; to provide that nonstate paid personnel employed in district attorneys' offices shall serve at the pleasure of the district attorney; to provide for related matters; to repeal conflicting laws.

SB 440.

By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Medical Center Authority; to provide for a short title and definitions; to confer powers and impose duties on the authority; to provide for the membership and the appointment and confirmation of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, removal, organization, meetings, and expenses; to provide for corporate purpose; to prohibit authority employees and members from having certain interests and engaging in certain conduct and provide for certain disclosures, sanctions, and penalties; to provide for venue and jurisdiction; to repeal conflicting laws.

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The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 464.

By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to be entitled an Act to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit certain discrimination against victims of family violence; to provide for related matters; to repeal conflicting laws.

SB 466.

By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:

A bill to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to change the penalty provisions applicable to the offense of furnishing a pistol or revolver to a person under the age of 18 years; to change the penalty provisions applicable to the offense of unlawful possession of firearms or weapons; to change the penalty provisions applicable to second or subsequent offenses of carrying a concealed weapon; to repeal conflicting laws.

The House has adopted by the requisite constitutional majority the following resolution of the House:

HR 1427.

By Representatives Skipper of the 137th and Walker of the 141st:

A resolution relative to adjournment.

The House has agreed to the Senate substitutes, as amended by the House, to the following bills of the House:

HB 1576.

By Representatives Stokes of the 92nd, Manning of the 32nd, Wix of the 33rd and others:
A bill to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to change certain provisions relating to interception of wire, oral, and electronic communications.

HB 1284.

By Representatives Tillman of the 173rd, Murphy of the 18th, O'Neal of the 75th and others:

A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide for legislative findings and intent; to provide for execution by lethal injection for persons convicted of capital crimes committed after a specified date.

The Calendar was resumed.

HB 1426. By Representatives Twiggs of the 8th, Murphy of the 18th, Walker of the 141st and others:

A bill to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to change the requirement for protective natural buffers adjacent to state waters; to provide for a 50 foot buffer adjacent to or on land adjacent to trout streams and a 25 foot buffer adjacent to other state waters; to provide that the vegetation within such buffer may not be cut until land-disturbing activities have ceased; to provide that such vegetation may be cut at any time when a dwelling is being constructed under contract with or by the owner; to exempt certain springs and streams from such requirements; to provide for rules and regulations governing the issuance of variances; to repeal conflicting laws; and for other purposes.

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Senate Sponsor: Senator Madden of the 47th.

The Senate Natural Resources Committee offered the following amendment:

Amend HB 1426 by striking lines 44 and 45 of page 4 and lines 1 and 2 of page 5 and inserting in lieu thereof the following:

"of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the board providing for notice to the division or local issuing authority of the location and extent of the piping and prescribed methodology for minimizing the impact of such piping and for measuring the volume of water discharged by the stream. Any such pipe must stop short of the downstream landowner's property, and the landowner must comply with the buffer requirement for any adjacent trout streams. The director may grant a variance from".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the amendment, the yeas were 54, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush N Burton Y Butler Y Cable Y Cagle Y Cheeks N Crotts Y Dean

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt N Land

Y Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D

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N Egan N Fort Y Gillis Y Gingrey Y Golden Y Guhl

Lee Y M V Bremen Y Madden Y Marable Y Perdue N Polak

Y Thomas,N Thomas,R
Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 43, nays 11.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1423. By Representatives McCall of the 90th, Walker of the 141st, Buck of the 135th and others:

A bill to be entitled an Act to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to amend a statement of legislative findings; to define certain terms; to provide that the provisions of such Act may apply in counties which affect the air quality in nonattainment areas; to provide for the powers and duties of the Board of Natural Resources with regard to establishing air quality; to amend Code Section 36-32-8, relating to jurisdiction in cases of operating a motor vehicle without a certificate of emission inspection, so as to change certain references contained in such Code section; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Madden of the 47th.

The Senate Natural Resources Committee offered the following substitute to HB 1423:

A BILL
To be entitled an Act to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to amend a statement of legislative findings; to define certain terms; to provide that the provisions of such Act may apply in counties which affect the air quality in nonattainment areas; to provide for the powers and duties of the Board of Natural Resources with regard to establishing air quality, inspecting the emissions of motor vehicles, the remote sensing of motor vehicle emissions, increasing the fee which the public may be charged for emissions inspections, and establishing administrative fees; to provide that a certain exemption from the "Georgia Administrative Procedure Act" shall not apply to certain regulations; to provide for the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to require a valid passing certificate of emission inspection or waiver in certain counties; to provide for a term; to provide requirements for a passing certificate of emission inspection; to provide for a notice of noncompliance; to provide for necessary repairs and reinspection; to provide for a waiver; to provide for a bumper sticker confirming a passing certificate of inspection or waiver; to provide for nonapplicability; to provide for a certificate of authorization to conduct emissions inspections; to provide that the Board of Natural Resources shall not limit the number, location, or type of inspection stations; to provide for the conduct of inspections; to provide for the suspension of certificates of authorization; to provide for notice and a hearing; to provide an exemption from certain restrictions on the sale of vehicles in covered counties and adjacent counties; to provide restrictions on the use of test equipment; to provide for the repeal of such Act under certain circumstances; to amend Code Section 36-32-8, relating to jurisdiction in cases of operating a motor vehicle without a certificate of emission inspection, so as to change certain references contained in such Code section; to 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 12 of the Official Code of Georgia Annotated, relating to air pollution control, is amended by striking in its entirety Article 2, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," and inserting in lieu thereof the following:

"ARTICLE 2

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12-9-40.
This article shall be known and may be cited as the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act.'
12-9-41.
With respect to the ambient air quality in this state, the General Assembly finds that:
(1) Some counties of the state have ambient air levels of ozone, or carbon monoxide, or particulate matter in excess of the National Ambient Air Quality Standards (NAAQS) for such pollutants specified by the United States Environmental Protection Agency (USEPA) pursuant to the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended; and that the USEPA has determined that, under certain conditions, such excess levels in such counties are directly related to emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles registered in such counties;
(2) In order to comply with federal health related air standards in counties where the USEPA has determined that excess levels of ozone, or carbon monoxide, particulate matter, or both combinations of such pollutants are directly related to emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles, it is necessary to monitor and limit emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles registered in such counties;
(3) The USEPA has the duty, by law, to designate those areas of the state violating the NAAQS and has and will, from time to time, as facts dictate, designate those counties or areas of the state violating the NAAQS for ozone, and carbon monoxide, and particulate matter, and the USEPA has the duty, by law, to establish criteria to determine whether the excess levels of ozone, or carbon monoxide, particulate matter, or both combinations of such pollutants are directly related to emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles in such counties;
(4) With respect to such designations, when counties or areas are designated to have ambient air levels of pollutants in excess of the NAAQS, thus being designated nonattainment areas, and according to the criteria established by the USEPA the excess levels of pollution are directly related to emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles, the state is under a duty to provide a plan for reducing the ambient air levels of pollutants found to be in excess of the NAAQS if the state is to maintain its authority to permit new or expanded industry in such county or area; and
(5) Failure of the state to provide a legally enforceable mechanism pursuant to state law for reducing such pollutants in such counties or areas to levels within the NAAQS will result in such a mechanism subsequently being devised by USEPA and enforced in such areas pursuant to federal law and could result in a significant loss of federal funds for sewage treatment plants, transportation projects, and air quality improvement funds; further, new or expanded industry which would contribute to the ambient air level of such pollutants would be subject to significant new emission control requirements to offset increased emissions.; and
(6) Circumstances may arise where, in order for the state to have an effective plan for reducing the ambient air levels of pollutants found to be in excess of the NAAQS in nonattainment areas, there is a need to monitor and limit emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles registered in counties or portions of counties located outside the nonattainment areas which adversely influence the ambient air levels of nonattainment areas, regardless of whether these counties or portions of these counties have ambient air levels of pollutants which are in excess of the NAAQS or the degree to which their ambient air levels may exceed the NAAQS.
12-9-42.
It is declared to be the public policy of the State of Georgia as expressed in this article to preserve, protect, and improve air quality in those counties or areas of the state where the ambient air levels of ozone, or carbon monoxide,

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particulate matter, or both a combination of such pollutants are in excess of the NAAQS, as designated by the USEPA, and such levels, according to the criteria established by the USEPA, are directly related to the emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties or areas of the state; and to that end to provide a legally enforceable mechanism for the attainment and maintenance of the NAAQS of such pollutants in such counties or areas of the state by requiring providing that emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles registered in such counties or areas of the state; shall, or from responsible motor vehicles registered in other counties which adversely influence the ambient air levels of nonattainment areas, may be subject to regulation by inspection of exhaust emissions, evaporative emissions, inspection and maintenance of emission control equipment, and inspection and maintenance of on-board diagnostics to ensure compliance with such emission standards, as prescribed by rule or regulation.
12-9-43.
As used in this article, the term:
(1) 'Board' means the Board of Natural Resources.
(2) 'Certificate of authorization' means a certificate issued by the Department of Natural Resources director to each establishment or location designated as an officiala certified emission inspection station.
(3) 'Certificate of emission inspection' means an official certificate that exhaust emissions, evaporative emissions, emission control equipment, and on-board diagnostic equipment have been inspected and approved in accordance with this article and the rules and regulations promulgated pursuant to this article. Such certificates will be furnished to official emission inspection stations by the department to be completed and issued by such stations to the owner or operator of a responsible motor vehicle upon inspection and approval certifying that such responsible motor vehicle has been inspected and complies with the inspection and maintenance required by this article.
(4)-'Commissioner' means the commissioner of natural resources.
(5)-'Department' means the Department of Natural Resources.
(4) 'Certified emission inspection station' means a motor vehicle dealership, garage, service station, or other establishment designated or operated by the division and which has been issued by the director a certificate of authorization as an emission inspection station authorized to carry out the emission inspections required by this article.
(5) 'Covered county or area' means any county, portion of a county, or area designated by the board as subject to any requirements of this article.
(6) 'Director' means the director of the Environmental Protection Division of the Department of Natural Resources.
(7)-'Emission inspection station' means a motor vehicle dealership, garage, service station, or other establishment designated or operated by the department and which has been issued by the director a certificate of authorization as an emission inspection station authorized to carry out the emission inspections required by this article.
(7) 'Division' means the Environmental Protection Division of the Department of Natural Resources.
(8) 'Emission inspection sticker' means a sticker issued in conjunction with a certificate of emission inspection or waiver to be displayed on the responsible motor vehicle.
(9) 'Exhaust emission' means:
(A) The act of releasing hydrocarbons, nitrogen oxides, particulate matter, or carbon monoxide into the atmosphere by means of a motor vehicle exhaust system; or

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(B) The material so passed into the atmosphere.
(10) 'Evaporative emission' means:
(A) The act of releasing hydrocarbons into the atmosphere by means of evaporation from a motor vehicle; or
(B) The material so passed into the atmosphere.
(11) 'Federal Clean Air Act' means 42 U.S.C. Section 7401, et seq., as amended.
(12) 'Heavy duty vehicle' means any motor vehicle which:
(A) Is rated at more than 8,500 pounds gross vehicle weight rating;
(B) Has a vehicle curb weight of more than 6,000 pounds; or
(C) Has a basic vehicle frontal area in excess of 45 square feet.
(12)(13) 'Highway' means any road or way publicly maintained and open for use by the public for vehicular traffic.
(13)(14) 'Hydrocarbons' means any compound containing carbon and hydrogen.
(14)(15) 'Inspection term' means the period of time a passing certificate of emission inspection or waiver shall be considered valid. The specific period of an inspection term shall be established by the rules and regulations promulgated pursuant to this article; provided, however, an inspection term shall be no less than 12 months.
(15)(16) 'Mechanic Licensed inspector' means a person approved and issued a license by the department director to perform the emission inspections required by this article.
(17) 'Light duty truck' means any motor vehicle which is rated at 8,500 pounds gross vehicle weight rating or less, has a vehicle curb weight of 6,000 pounds or less, and has a basic vehicle frontal area of 45 square feet or less and which is:
(A) Designed primarily for purposes of the transportation of property or is a derivation of such a vehicle;
(B) Designed primarily for the transportation of persons and has a capacity of more than 12 persons; or
(C) Available with special features enabling off-street or off-highway operation and use.
(18) 'Light duty vehicle' means a passenger car or passenger car derivative capable of seating 12 or fewer passengers.
(16)(19) 'Model year' means the manufacturer's annual production period, as determined by the director, provided that, if the manufacturer has no annual production period, the term 'model year' shall mean the calendar year. The model year shall be determined by the vehicle identification number appearing on the vehicle.
(17)(20) 'Motor vehicle' means any contrivance propelled by power other than muscular power, used for transportation of persons or property on highways, and not operated exclusively upon tracks.
(18)(21) 'National Ambient Air Quality Standard' or 'NAAQS' means those allowable ambient air concentrations for pollutants, including ozone, and carbon monoxide, and particulate matter, specified by the USEPA pursuant to the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended.
(19)(22) 'Nitrogen oxides' means any of the various compounds which contain only nitrogen and oxygen.

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(20)(23) 'Nonattainment area' means a geographic area designated by the USEPA in the Code of Federal Regulations as an area which has not attained or maintained the NAAQS for ozone, or carbon monoxide, particulate matter, or both combinations of such pollutants in accordance with the federal Clean Air Act, as amended.
(21)(24) 'Owner' means the registered owner or the individual presenting the responsible motor vehicle for the emission inspection required under this article.
(25) 'Particulate matter' means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.
(22)(26) 'Person' means any natural person or individual, corporation, partnership, association, state or federal government, political subdivision, agency, or instrumentality of the state or federal government or any other entity.
(27) 'Remote sensing' means the testing of responsible motor vehicle exhaust emissions through the use of devices that measure such emissions from vehicles in operation on the highways of this state or at such other locations as authorized by the board.
(23)(28) 'Responsible motor vehicle' means any motor vehicle defined by the USEPA and published in the Code of Federal Regulations this Code section as a light duty vehicle, or light duty truck, or heavy duty vehicle, excluding any motor vehicle exempted fromby this article or by the rules and regulations promulgated pursuant to this article; provided, however, that no such exemption shall be granted to a motor vehicle unless such exemption is in accordance with the federal Clean Air Act, as amended.
(29) 'Waiver' means an official form issued to the owner of a responsible motor vehicle certifying that such vehicle has met the requirements of this article and the rules and regulations promulgated pursuant to this article for waiving the emission inspection requirement.
(24)(30) 'USEPA' means the United States Environmental Protection Agency.
12-9-44.
This article shall operate uniformly throughout the state. The provisions and requirements of this article shall apply in each county or any portion of a county which has been designated by the USEPA in the Code of Federal Regulations as a county or area included within a nonattainment area that is required by the federal Clean Air Act and regulations of the USEPA promulgated pursuant to such act to have a motor vehicle inspection and maintenance program and which the board designates, through regulation, as a county or area where the excess levels of ozone or carbon monoxide or both are directly related to emissions of hydrocarbons, nitrogen oxides, or carbon monoxide from responsible motor vehicles registered in such county or area. This article shall continue to apply in each such county or portion of a county so designated until the USEPA removes such county or area from the Code of Federal Regulations as a nonattainment area and approves an air quality implementation plan which allows the state to maintain the NAAQS in such county without a vehicle inspection program or portion of a county subject to the requirements of this article. In addition, the provisions and requirements of this article shall apply in each additional county or any portion of any additional county which the board by rule or regulation designates as a county or portion of a county which meets the criteria established pursuant to paragraph (3) of subsection (a) of Code Section 12-9-45 .
12-9-45.
(a)-In each county to which this article applies, there is required a valid certificate of emission inspection issued by an emission inspection station certified under this article for each responsible motor vehicle registered pursuant to or subject to the requirements of Chapter 2 of Title 40 in such county. A valid certificate of emission inspection is also required for each responsible motor vehicle owned by any federal agency, state agency, municipality, or other political subdivision registered pursuant to Code Section 40-2-34 or 40-2-35, whichever is applicable, and assigned for use to any federal agency, state agency, municipality, or other political subdivision located in such county and for each responsible motor vehicle which is operated 60 days or more in any calendar year on a federal installation located in whole or in part in any such county.

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(b)-A certificate of emission inspection shall be valid for one inspection term. The owner of each responsible motor vehicle subject to subsection (a) of this Code section is required to obtain a new certificate of emission inspection on or before the date the current certificate of emission inspection expires or prior to the vehicle registration date in the year following the expiration of the certificate, as determined by the board.
(c)-Such certificate of emission inspection must certify that:
(1)-An inspection of exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide and evaporative emissions of hydrocarbons, as required by Code Section 12-9-48, has been performed;
(2)-The responsible motor vehicle complies, as required by Code Section 12-9-48, with applicable emission standards or emission limitations for hydrocarbons, nitrogen oxides, and carbon monoxide specified for such vehicle by the board pursuant to Code Section 12-9-46;
(3)-An inspection, as required by Code Section 12-9-48, of emission control equipment which was required to be installed on such motor vehicle when new by the federal Clean Air Act and is required to be inspected by the board in the regulations promulgated pursuant to this article has been performed and that such equipment is present and has been maintained as required by Code Section 12-9-48; and
(4)-An inspection, as required by Code Section 12-9-48, of on-board diagnostic equipment which was required to be installed on such motor vehicle when new by the federal Clean Air Act and is required to be inspected by the board in the regulations promulgated pursuant to this article has been performed, as required by Code Section 12-9-48.
(d)-In any county or area not designated by the USEPA as a nonattainment area as of November 1, 1990, which is subsequently designated by the board as a nonattainment area subject to this article, the department shall have 12 months from the date such designation occurs to establish a program for emission inspection of responsible motor vehicles in such county or area; provided, however, that for purposes of this article, the earliest date such county or area shall be considered as having been designated as a nonattainment area shall be July 1, 1992. Notwithstanding the provisions of subsection (a) of this Code section, in such counties or areas a certificate of emission inspection shall not be required during this initial 12 month period. Following such initial 12 month period, owners of responsible motor vehicles in such counties or areas shall obtain a valid certificate of emission inspection no later than the date established by the board.
(e)-In each county or area subject to this article on July 1, 1992, owners of responsible motor vehicles shall obtain a valid certificate of emission inspection issued pursuant to this article not later than June 30, 1993.
(f)-The requirements of paragraphs (1) through (4) of subsection (c) of this Code section shall remain in effect in each county or area either during such time as such county or any part of the county continues to be designated by the USEPA pursuant to the federal Clean Air Act as a nonattainment area or during such time as the emission program for each such county is contained in the state's air quality maintenance plan.
(g)-Notwithstanding the other provisions of this Code section, the requirements of this article shall not apply to vehicles registered as specified in subsection (a) of this Code section where the owner of such vehicle certifies, under oath and subject to the monetary penalty provided in Code Section 16-10-71 upon conviction for false swearing therein, which certification may be made either by mail and accompanied by a photocopy of the person's military identification card or in person, that:
(1)-Such vehicle is so registered by a Georgia resident on active duty in the armed services of the United States then residing outside the State of Georgia;
(2)-At the time the provisions of this article are being or are sought to be enforced with respect to such vehicle, the owner's domicile or, if such vehicle is primarily used in connection with some established business enterprise, such established business enterprise is not located in any county wherein any responsible motor vehicle is subject to the requirements of this article; or

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(3)-Such vehicle is or will be, during the inspection term for which the provisions of this article are being or are sought to be enforced with respect to such motor vehicle, permanently assigned or let for use to a person not domiciled or an established business enterprise not located in any county wherein any responsible motor vehicle is subject to the requirements of this article. The director shall provide the forms for any such certification.
(h)-Vehicles that are driven less than 5,000 miles per year and are 10 years old or older will be exempted from testing provided that the owner of such vehicle is 65 years old or older.
(i)-Antique and collector cars and trucks 25 years old or older will be exempted from testing.
(a) In the performance of its duties, the board shall have and may exercise the power and duty to adopt, promulgate, revise, modify, amend, and repeal rules and regulations necessary to implement any of the provisions of this article or requirements of the federal Clean Air Act imposed on the state as an implementing authority, including, without limitation, the power and duty to:
(1) Designate each county, portion of a county, or area within a nonattainment area that is required by the federal Clean Air Act and regulations of the USEPA promulgated pursuant to such act to have a motor vehicle inspection and maintenance program as subject to the requirements of this article;
(2) Designate each county, portion of a county, or area which meets the criteria established pursuant to paragraph (3) of this subsection as subject to the requirements of this article;
(3) Adopt criteria to establish whether emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles registered in counties or portions of counties located outside the nonattainment areas adversely influence the ambient air levels of nonattainment areas, regardless of whether these counties or portions of counties have ambient air levels of pollutants which are in excess of the NAAQS or the degree to which their ambient air levels may exceed the NAAQS;
(4) Prescribe emission standards or emission limitations limiting the amounts of allowable exhaust emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide and evaporative emissions of hydrocarbons from responsible motor vehicles as defined in this article. Such standards may specify the amount of allowable emissions by part per million, percentage of total volume or weight of emissions, or such other method as the board selects. In no event shall the emission limitations be stricter than those required by the USEPA pursuant to the federal Clean Air Act, as amended, for the particular vehicle to which such limitations apply. Such emission limitations and emission standards may distinguish between model years, engine types and sizes, trucks and passenger vehicles, or weights of vehicles and may be applicable to groups of vehicles classified according to any such distinctions. Such emission limitations shall be technically feasible. The board may provide by rule or regulation for the method of application of such standards to vehicles with engines of a model year different from the vehicle model year;
(5) Prescribe inspection terms for required emission inspections of responsible motor vehicles.
(6) Prescribe procedures or methods of scheduling responsible motor vehicles for emission inspections during any inspection term, and for the granting of time extensions to owners of responsible motor vehicles;
(7) Prescribe for the exemption of certain motor vehicles or model years from the requirements of this article; provided, however, that no exemption shall be granted unless such exemption is in accordance with the federal Clean Air Act, as amended;
(8) Prescribe:
(A) Standards, requirements, or specifications for equipment used to test, measure, inspect for, or determine compliance by:
(i) A responsible motor vehicle; or

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(ii) Any responsible motor vehicle equipment with the standards, limitations, or other requirements established by or under the authority of this article; and
(B) Procedures for approval by the division of such inspection equipment;
(9) Prescribe procedures for certification by the director of emission inspection stations authorized to inspect responsible motor vehicle emissions, responsible motor vehicle emission control equipment, and on-board diagnostic equipment for compliance with the requirements of this article;
(10) Prescribe:
(A) Standards and qualifications for inspectors licensed to operate inspection equipment used to inspect:
(i) Responsible motor vehicles; or
(ii) Responsible motor vehicle equipment for compliance with standards, limitations, or other requirements established by or pursuant to this article; and
(B) Procedures for licensing by the director of such inspectors;
(11) Prescribe standards, requirements, or procedures to ensure the operation of certified emission inspection stations in a sufficient number, at such locations, and in a manner satisfactory to the board and in conformance with all standards, requirements, and specifications for such inspection stations, procedures, personnel, and equipment established by or pursuant to this article;
(12) Prescribe operating techniques, specifications, procedures, criteria, and requirements for inspections, records maintenance, and other requirements applicable to emission inspection stations authorized to inspect responsible motor vehicles or responsible motor vehicle equipment for compliance with the standards, limitations, or other requirements established by or pursuant to this article;
(13) Prescribe requirements for record keeping and reporting, including, but not limited to, monitoring, surveys, inventories, inspections, reinspections, the results thereof, licensing of inspectors, certification of emission inspection stations, and certificates of emission inspection issued;
(14) Prescribe methods by which the owner of a responsible motor vehicle who has lost the emission inspection sticker, passing certificate of emission inspection, or waiver required in any inspection term may obtain a replacement emission inspection sticker, passing certificate of emission inspection, or waiver. In all cases, the replacement emission inspection sticker, passing certificate of emission inspection, or waiver, shall be valid only for the remainder of the period for which the replaced emission inspection sticker, passing certificate of emission inspection, or waiver was to be valid;
(15) Prescribe a range of fees to be charged by emission inspection stations for the performance of emission inspections; provided, however, that such fees shall be no less than $10.00 and no more than $25.00 per inspection; provided, further, that after January 1, 2001, the board may review at least annually the cost of performing such inspections in an adequate and proper manner including, without limitation, the cost of equipment, testing, labor, training, record keeping, reporting, and other overhead expenses and may increase or decrease the maximum allowable fees to be charged by emission inspection stations for the performance of emission inspections in an amount reasonably related to such factors, however, such fees shall not exceed $25.00 per inspection;
(16) Prescribe administrative fees to be collected by the director from each emission inspection station in an amount necessary to cover the cost of required and adequate oversight to confirm that inspections are being done in a proper and adequate manner as provided in subsection (b) of this Code section; provided, however, that $1.00 of such administrative fees so collected shall be remitted to the county for each responsible motor vehicle that is registered in that county;
(17) Prescribe procedures for identifying, through the use of remote sensing technology or other means:

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(A) Responsible motor vehicles which are producing excessive exhaust emissions at times other than their regularly scheduled inspection. The board may require by rule or regulation that any such vehicle undergo an emission inspection as prescribed by subsection (c) of Code Section 12-9-47, whether or not such vehicle is covered by a passing certificate of emission inspection or waiver; and
(B) Responsible motor vehicles which are producing minimal exhaust emissions at times other than their regularly scheduled inspection. The board shall prescribe by rule or regulation for such a program to be implemented not later than January 1, 2003, and for any such vehicle that it is exempt from the emission inspection requirement or that an alternate emission inspection may be performed for the next inspection term;
(18) Prescribe, for the remote sensing authorized by paragraph (17) of this subsection, emission standards or emission limitations limiting the amounts of allowable exhaust emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide from responsible motor vehicles; equipment standards, requirements, or specifications for any equipment used for remote sensing; procedures for approval by the division of any equipment used for remote sensing; procedures for authorization by the director and qualifications of persons authorized to perform remote sensing; operating techniques, specifications, procedures, criteria, and requirements for the performance of remote sensing; requirements for record keeping and reporting, including, but not limited to, results of remote sensing and issuance of exemptions; any fees to be charged for the performance of remote sensing based on the cost of performing such remote sensing in an adequate and proper manner; and any administrative fees to be collected by the director to cover the cost of required and adequate oversight to confirm that remote sensing is being done in a proper and adequate manner as provided in subsection (b) of this Code section; and
(19) Prepare an annual report to the General Assembly regarding vehicle emission testing, including an evaluation of the testing program, of the emission contributions of various sources of air pollutants and the automobile and light truck emissions relative to vehicle miles traveled.
(b) As used in paragraphs (16) and (18) of subsection (a) of this Code section, the phrase 'required and adequate oversight to confirm that inspections and remote sensing are being done in a proper and adequate manner' shall include, but not be limited to, operation and maintenance of a data system and network for emission inspection data, remote sensing data, and related information; performance of audits and quality control and quality assurance for certified emission inspection stations, licensed inspectors, and persons authorized to perform remote sensing; dissemination of information to individuals, corporations, governmental agencies, or any other entity regarding emission inspection requirements, remote sensing, and related information; issuance of waivers, exemptions, and extensions of the emission inspection requirement; and any other requirements that the board determines are appropriate to implement and enforce and ensure compliance with the requirements of this article or the rules and regulations promulgated pursuant to this article.
12-9-46.
(a)-The board shall have the following powers and duties under this article:
(1)-To adopt criteria to establish whether emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles in each county or area within a nonattainment area are directly related to excess levels of ozone or carbon monoxide or both in such county or area; provided, however, that such criteria shall in no event be more stringent than the criteria established by the USEPA pursuant to the federal Clean Air Act;
(2)-To designate each county or area within a nonattainment area which meets the criteria established pursuant to paragraph (1) of this subsection;
(3)-To prescribe by rule or regulation emission standards or emission limitations limiting the amounts of allowable exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide and evaporative emissions of hydrocarbons from responsible motor vehicles as defined in this article. Such standards may specify the amount of allowable emissions by part per million, percentage of total volume or weight of emissions, or such other method as the board selects. In no event shall the emission limitations be stricter than those required by the USEPA pursuant to the federal Clean Air Act, as amended, for the particular vehicle to which such limitations apply. Such emission

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limitations and emission standards may distinguish between model years, engine types and sizes, trucks and passenger vehicles, or weights of vehicles and may be applicable to groups of vehicles classed according to any such distinctions. Such emission limitations shall be technically feasible. The board may provide by rule or regulation for the method of application of such standards to vehicles with engines of a model year different from the vehicle model year;
(4)-To prescribe by rule or regulation equipment standards, requirements, or specifications for any inspection equipment used to test, measure, inspect for, or determine compliance by a responsible motor vehicle or any responsible motor vehicle equipment with the standards, limitations, or other requirements established by or under the authority of this article;
(5)-To prescribe by rule or regulation standards and qualifications for mechanic inspectors licensed to operate inspection equipment to inspect responsible motor vehicles or responsible motor vehicle equipment for compliance with standards, limitations, or other requirements established by or pursuant to this article;
(6)-To prescribe by rule or regulation operating techniques, specifications, procedures, requirements for records maintenance, criteria, and other requirements applicable to emission inspection stations authorized to inspect responsible motor vehicles or responsible motor vehicle equipment for compliance with the standards, limitations, or other requirements established by or pursuant to this article;
(7)-To prescribe by rule or regulation requirements for record keeping and reporting, including, but not limited to, monitoring, surveys, inventories, inspections, reinspections, the results thereof, certification and licensing of mechanic inspectors, certification of emission inspection stations, and certificates of emission inspection issued;
(8)-To prescribe by rule or regulation for the exemption of certain motor vehicles or model years from the requirements of this article; provided, however, that no exemption shall be granted to a motor vehicle unless such exemption is in accordance with the federal Clean Air Act, as amended;
(9)-To prescribe by rule or regulation fees to be charged by emission inspection stations for the performance of emission inspections; provided, however, that such fee shall be no less than $10.00 and no more than $25.00 per inspection and shall be based on the cost of performing such inspection in an adequate and proper manner including, without limitation, the cost of equipment, testing, labor, training, record keeping, reporting, and other overhead expenses;
(10)-To prescribe by rule or regulation for an inspection term for required emission inspections of responsible motor vehicles. Such term shall either be annual or biennial as required to meet minimum requirements of the federal Clean Air Act and regulations of the USEPA promulgated pursuant to such act;
(11)-To prescribe by rule or regulation an administrative fee to be collected by the director from each emission inspection station in a manner determined by the board by rule or regulation to cover the cost of required and adequate oversight to confirm that inspections are being done in a proper and adequate manner; provided, however, that $1.00 of each such administrative fee shall be remitted to the county for each responsible motor vehicle that is registered in that county; and
(12)-To advise, consult, cooperate, and contract with other state agencies including, but not limited to, the Department of Public Safety, any political subdivision of the state, any designated organizations of elected officials within the state, or any other person as necessary to implement and adequately enforce and ensure compliance with any requirement created, provided, prescribed, or established by the board pursuant to this article.
(b)-With respect to the powers vested in the board pursuant to this Code section, the board may designate the commissioner or the director as its agent in exercising the powers so vested.
(c)-The director shall have the following powers and duties:
(1)-To exercise general supervision over the administration and enforcement of this article and all rules and regulations and orders promulgated under this article;

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(2)-To issue certificates and licenses and to deny, suspend, or revoke certificates and licenses;
(3)-To issue all orders and processes as may be necessary to enforce compliance with provisions of this article and all rules and regulations promulgated under this article, and to seek collection of all penalties imposed pursuant to this article;
(4)-To conduct such public hearings as are deemed necessary for the proper administration of this article;
(5)-To make investigations, analyses, and inspections to determine and ensure compliance with this article, rules and regulations promulgated pursuant to this article, and any orders which the director may issue;
(6)-To institute and prosecute such administrative and court actions as may be necessary to enforce compliance with any provisions of this article and any rules and regulations promulgated under this article;
(7)-To exercise all incidental powers necessary to carry out the purposes of this article; and
(8)-To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this article.
(a) In the performance of his or her duties, the director shall have and may exercise the following powers and duties:
(1) To exercise general supervision over the administration and enforcement of this article and all rules and regulations promulgated and orders issued pursuant to this article;
(2) To establish, implement, revise, and amend forms, applications, certificates, licenses, or other documentation which may be required by the division to administer and implement this article;
(3) To issue certificates of authorization and licenses, stipulating in each certificate or license the conditions or limitations under which such certificate or license is issued, and to deny, modify, amend, suspend, refuse to renew, or revoke such certificates and licenses;
(4) To issue all orders and processes as may be necessary to enforce compliance with provisions of this article and all rules and regulations promulgated pursuant to this article;
(5) To collect fees, assessments, penalties, or other payments provided for by this article;
(6) To conduct such public hearings as are deemed necessary for the proper administration of this article;
(7) To make investigations, analyses, and inspections to determine and ensure compliance with this article, the rules and regulations promulgated pursuant to this article, and any orders which the director may issue;
(8) To institute and prosecute such administrative and court actions as may be necessary to enforce compliance with any provisions of this article and all rules and regulations promulgated pursuant to this article;
(9) To collect and disseminate information and to provide for public notification in matters relating to motor vehicle emission inspection and maintenance, air quality, and related matters;
(10) To encourage voluntary cooperation by persons and affected groups to achieve the purposes of this article;
(11) To prepare, develop, amend, modify, submit, and enforce a comprehensive plan or plans sufficient to comply with applicable provisions of the federal Clean Air Act, including emission standards and limitations, equipment standards, and other requirements to preserve, protect, and improve air quality in this state, and for the achievement and maintenance of the National Ambient Air Quality Standards;
(12) To establish or provide for training and educational programs, including proper operation and utilization of emission inspection equipment, safety procedures, and related matters;

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(13) To advise, consult, cooperate, and contract with other state agencies or persons as necessary to implement and adequately enforce and ensure compliance with any requirement created, provided, prescribed, or established by the provisions of this article or by the rules and regulations promulgated pursuant thereto; provided, however, that when negotiating and entering into agreements with the governments of other states or the United States and their several agencies, subdivisions, or designated organizations of elected officials the director shall first obtain the approval of the Governor; and
(14) To exercise all incidental powers necessary to carry out the purposes of this article.
(b) The powers and duties described in this Code section may be exercised and performed by the director through such authorized persons, including, without limitation, employees, contractors, and any duly appointed agents, as he or she deems necessary and proper.
12-9-47.
(a)-The board shall have and may exercise the following powers and duties under this article:
(1)-To prescribe by rule or regulation standards, requirements, or procedures to ensure the uniform operation of official emission inspection stations in a sufficient number, at such locations, and in a manner satisfactory to the board and in conformance with all standards, requirements, and specifications prescribed for such inspection stations, procedures, personnel, and equipment by the board pursuant to this article;
(2)-To prescribe by rule or regulation procedures for licensing mechanic inspectors under this article;
(3)-To prescribe by rule or regulation procedures for certification of authorized emission inspection stations which shall be certified by the department to inspect responsible motor vehicle emissions, responsible motor vehicle emission control equipment, and on-board diagnostic equipment for compliance with the requirements of this article;
(4)-To prescribe by rule or regulation forms, applications, certificates, licenses, or other documentation which may be required by the department to administer and implement this article;
(5)-To prescribe by rule or regulation procedures, standards, and methods for inspecting emission inspection stations or other establishments to enforce and ensure compliance with the requirements of this article;
(6)-To prescribe by rule or regulation procedures or methods of scheduling responsible motor vehicles for emission inspection during any inspection term; and
(7)-To prescribe by rule or regulation procedures for identifying, through the use of remote sensing technology or other means, vehicles which are producing excessive exhaust emissions at times other than their regularly scheduled inspection. The board may require that any such vehicle undergo an official emission inspection as prescribed by subsection (a) of Code Section 12-9-48, whether or not such vehicle is covered by a valid certificate of emission inspection. The board may prescribe that the owner of any such vehicle which fails to pass such inspection perform repairs and pass a reinspection in the same manner as provided by subsection (d) of Code Section 12-9-48.
(b)-With respect to the powers vested in the board pursuant to subsection (a) of this Code section, the board may designate personnel of the department as the board's agents in exercising the powers so vested.
(a) Unless otherwise exempted by this article or by the rules and regulations promulgated by the board pursuant thereto, in each county, portion of a county, or area to which this article applies, a valid passing certificate of emission inspection or a valid waiver is required for each responsible motor vehicle registered pursuant to or subject to the requirements of Chapter 2 of Title 40 in such county. A valid passing certificate of emission inspection or waiver is also required for each responsible motor vehicle owned by any federal agency, state agency, municipality, or other political subdivision registered pursuant to Chapter 2 of Title 40 and assigned for use to any federal agency, state agency, municipality, or other political subdivision located in such county and for each responsible motor

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vehicle which is operated 60 days or more in any calendar year on a federal installation located in whole or in part in any such county.
(b) A passing certificate of emission inspection or waiver shall be valid for one inspection term. The owner of each responsible motor vehicle subject to the provisions of subsection (a) of this Code section is required to obtain a new passing certificate of emission inspection or waiver on or before the date the current passing certificate of emission inspection or waiver expires, prior to the next vehicle registration date, or as determined by the board.
(c) Each responsible motor vehicle subject to the requirements of this Code section must receive a passing certificate of emission inspection or a waiver once during any inspection term. A passing certificate of emission inspection shall be issued for such responsible motor vehicle if, upon inspection by a licensed inspector in accordance with this article and rules or regulations promulgated pursuant to this article, the inspector determines, with respect to such responsible motor vehicle, that:
(1) Any emission control equipment required to be on such responsible motor vehicle when new by the federal Clean Air Act and required to be inspected by the rules and regulations of the board promulgated pursuant to this article has not been rendered unserviceable by removal, alteration, lack of maintenance, or other interference with its operation, unless such equipment was replaced with equivalent equipment which has been certified by the USEPA;
(2) The exhaust emissions and evaporative emissions from the responsible motor vehicle do not exceed any applicable emission standard or emission limitation for allowable emissions of hydrocarbons, nitrogen oxides, particulate matter, or carbon monoxide prescribed by the rules and regulations of the board promulgated pursuant to this article; and
(3) Any on-board diagnostic equipment required to be on such responsible motor vehicle when new by the federal Clean Air Act and required to be inspected pursuant to the rules and regulations promulgated by the board meets the inspection criteria prescribed by the board.
(d) Such passing certificate of emission inspection must certify that:
(1) An inspection of exhaust emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide and evaporative emissions of hydrocarbons, as required by this Code section, has been performed;
(2) The responsible motor vehicle complies, as required by this Code section, with applicable emission standards or emission limitations for hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide specified for such vehicle by the rules and regulations of the board promulgated pursuant to this article;
(3) An inspection, as required by this Code section, of emission control equipment, which was required to be installed on such motor vehicle when new by the federal Clean Air Act and is required to be inspected by the rules and regulations of the board promulgated pursuant to this article, has been performed and that such equipment is present and has been maintained as required by this Code section and the rules and regulations of the board promulgated pursuant to this article; and
(4) An inspection, as required by this Code section, of on-board diagnostic equipment, which was required to be installed on such motor vehicle when new by the federal Clean Air Act and is required to be inspected by the rules and regulations of the board promulgated pursuant to this article, has been performed and that such equipment meets the inspection criteria prescribed by the board pursuant to this article.
(e) If the inspection discloses any violation of any applicable emission standard, emission limitation, standard of emission control equipment, or standard for on-board diagnostic equipment, then the owner shall be notified, in writing, of the applicable air pollutants which exceed the allowable emissions and the degree of the excess, the specific emission control equipment, or on-board diagnostic equipment which is in violation of the standard or limitation.
(f) The owner shall have necessary maintenance and repairs performed on any responsible motor vehicle violating any applicable emission standard, emission limitation, standard for emission control equipment, or standard for on-

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board diagnostic equipment and shall have the responsible motor vehicle reinspected as required by the rules and regulations promulgated by the board. If, upon reinspection, such motor vehicle fails to meet the requirements of subsection (c) of this Code section, no waiver shall be issued unless the owner proves, by means of repair facility receipts or other written documents as required by the rules and regulations promulgated by the board, that:
(1) He or she has replaced any emission control equipment, exhaust system equipment, or on-board diagnostic equipment or part thereof which had been removed, physically damaged, or otherwise rendered inoperable;
(2) He or she has spent at least $450.00 or such amount as the rules and regulations promulgated by the board require, consistent with the federal Clean Air Act, in the repair and maintenance of the responsible motor vehicle exhaust and evaporative emission control systems, on-board diagnostic equipment, or related equipment, as applicable, not covered by warranty since the initial inspection in the current inspection term; provided, however, that the $450.00 repair waiver authorized in this paragraph shall be increased annually by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this paragraph, the Consumer Price Index is the average of the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor, as of the close of the 12 month period ending the last day of August of each calendar year, and the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for 1989 shall be used; and
(3) Such repairs and maintenance have produced a decrease in exhaust or evaporative emissions, as applicable, since the initial inspection.
(g) Such waiver must certify that:
(1) A reinspection of exhaust emissions of hydrocarbons, nitrogen oxides, particulate matter, and carbon monoxide; evaporative emissions of hydrocarbons; emission control equipment; and on-board diagnostic equipment, as required by this Code section and the rules and regulations promulgated pursuant to this article, has been performed, and the responsible motor vehicle failed such reinspection;
(2) Evidence that necessary maintenance and repairs of the exhaust and evaporative emission control systems, emission control equipment, on-board diagnostic equipment, or related equipment, as applicable, of the responsible motor vehicle, in an amount satisfying the requirements of this Code section and the rules and regulations promulgated pursuant to this article, has been provided; and
(3) The emission related repairs produced a reduction in emissions for the applicable pollutants that exceeded the allowable emission standards or limitations in the initial inspection and emissions for the applicable pollutants which passed the initial inspection remain below the relevant standards or limitations for such pollutants.
(h) Compliance with any applicable emission standards, emission limitations, standards for emission control equipment, or standards for on-board diagnostic equipment shall be determined by licensed inspectors meeting qualifications; using methods, techniques, and equipment; under conditions; and following inspection procedures prescribed by the rules and regulations of the board promulgated pursuant to this article.
(i) The board may by rule or regulation require each responsible motor vehicle to display an emission inspection sticker issued in conjunction with a passing certificate of emission inspection or waiver on the motor vehicle once it has been approved as meeting the requirements of this article. The emission inspection sticker shall contain such information as shall be required by the rules and regulations promulgated by the board.
(j) Notwithstanding the other provisions of this Code section, the requirements of this article shall not apply to vehicles where the division determines in accordance with the rules and regulations of the board promulgated pursuant to this article, that:
(1) Such vehicle is so registered by a Georgia resident on active duty in the armed services of the United States then residing outside the State of Georgia;

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(2) At the time the provisions of this article are being or are sought to be enforced with respect to such vehicle, the owner's domicile or, if such vehicle is primarily used in connection with some established business enterprise, such established business enterprise is not located in any county or portion of a county wherein any responsible motor vehicle is subject to the requirements of this article; or
(3) Such vehicle is or will be, during the inspection term for which the provisions of this article are being or are sought to be enforced with respect to such motor vehicle, permanently assigned or let for use to a person not domiciled or an established business enterprise not located in any county or portion of a county wherein any responsible motor vehicle is subject to the requirements of this article.
(k) Notwithstanding the other provisions of this Code section, the requirements of this article shall not apply to motor vehicles that are driven less than 5,000 miles per year and are ten years old or older and are owned by and registered to an individual 65 years old or older.
(l) Notwithstanding the other provisions of this Code section, the requirements of this article shall not apply to motor vehicles 25 years old or older.
(m) Notwithstanding the other provisions of this Code section, the requirements of this article shall not apply to new responsible motor vehicles at the time of their initial retail sale or delivery of that vehicle, but the required emission inspection and passing certificate of emission inspection or waiver shall be obtained prior to the vehicle registration date in the calendar year two years after the vehicle's model year or at such other time as the board may establish by rule or regulation.
12-9-48.
(a)-Each responsible motor vehicle subject to any requirement under Code Section 12-9-45 must receive a certificate of emission inspection once during any inspection term from an emission inspection station holding a valid certificate of authorization from the department. A certificate of emission inspection shall be issued for such a responsible motor vehicle if, upon inspection by a licensed mechanic inspector, the mechanic inspector determines, consistent with the terms of Code Section 12-9-45, with respect to such responsible motor vehicle;
(1)-That any emission control equipment required on such responsible motor vehicle when new by the federal Clean Air Act and required to be inspected by the regulations of the board promulgated pursuant to this article has been inspected and the mechanic inspector has determined that such equipment has not been rendered unserviceable by removal, alteration, lack of maintenance, or other interference with its operation unless such equipment was replaced with equivalent equipment which has been certified by the USEPA;
(2)-That an inspection and testing of the exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from such responsible motor vehicle have been performed;
(3)-That an inspection and testing of evaporative emissions of hydrocarbons from such responsible motor vehicle have been performed;
(4)-That the exhaust emissions and evaporative emissions from the responsible motor vehicle do not exceed any applicable emission standard or emission limitation for allowable emissions of hydrocarbon, nitrogen oxides, or carbon monoxide prescribed by the board pursuant to this article; and
(5)-That any on-board diagnostic equipment required on such responsible motor vehicle when new by the federal Clean Air Act and required to be inspected pursuant to the regulations promulgated by the board has been inspected and the mechanic inspector has determined that such equipment meets the inspection criteria prescribed by the board.
(b)-Compliance with any applicable emission standards, emission limitations, standards for emission control equipment, or standards for on-board diagnostic equipment shall be determined by mechanic inspectors meeting qualifications; using methods, techniques, and equipment; under conditions; and following inspection procedures prescribed by the board pursuant to this article.

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(c)-If the inspection discloses any violation of any applicable emission standard, emission limitation, standard of emission control equipment, or standard for on-board diagnostic equipment, then the owner shall be notified, in writing, of the air pollutant which exceeds the allowable emissions and the degree of excess or the specific emission control equipment or on-board diagnostic equipment which is in violation of the standard.
(d)-The owner shall have necessary maintenance and repairs performed on any responsible motor vehicle violating any applicable emission standard, emission limitation, standard for emission control equipment, or standard for onboard diagnostic equipment and return the responsible motor vehicle for reinspection at an emission inspection station within 30 days of the initial inspection. Such reinspection shall be at no charge to the owner. If, upon reinspection, such motor vehicle fails to meet the requirements of subsection (a) of this Code section, no certificate of emission inspection shall be issued unless the owner proves, by means of repair facility receipts or other written documents, that:
(1)-He or she has replaced any emission control equipment, exhaust system equipment, or on-board diagnostic equipment or part thereof which has been removed, physically damaged, or otherwise rendered inoperable;
(2)-He or she has spent at least $450.00 or such amount as the board establishes, consistent with the federal Clean Air Act, in the repair and maintenance of the responsible motor vehicle exhaust and evaporative, as applicable, emission control systems, on-board diagnostic equipment, or related equipment not covered by warranty since the initial inspection in the current inspection term; provided, however, that the $450.00 repair waiver authorized in this paragraph shall be increased annually by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this paragraph, the Consumer Price Index is the average of the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor, as of the close of the 12 month period ending the last day of August of each calendar year, and the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for 1989 shall be used; and
(3)-Such repairs and maintenance have produced a decrease in exhaust and evaporative emissions, as applicable, since the initial inspection.
(e)-The board may require each responsible motor vehicle to display an emission inspection sticker issued in conjunction with a certificate of emission inspection on the motor vehicle once it has been approved as meeting the requirements of this article. Any emission inspection sticker shall bear such information as shall be required by the director. The mechanic inspector shall remove from the vehicle being inspected any old emission inspection sticker when a new emission inspection sticker is issued.
(f)-All certificates of emission inspection shall be issued for the inspection term.
(g)-A new responsible motor vehicle otherwise required under Code Section 12-9-45 to have an inspection or certificate of inspection shall not be required to have either that inspection or certificate at the time of the initial retail sale or delivery of that vehicle, but the required emission inspection and certificate of inspection shall be obtained prior to the vehicle registration date in the calendar year two years after the vehicle's model year or at such other time as the board may establish by rule or regulation.
(h)-The board may establish methods by which the owner of a responsible motor vehicle who has lost the certificate of emission inspection required in any inspection term may have a duplicate certificate of emission inspection issued. These methods may include, but are not limited to, the following:
(1)-Any approved emission inspection station may issue said duplicate certification of emission inspection upon the owner's demonstrating to the mechanic inspector that the responsible motor vehicle has a current and valid inspection sticker affixed to its window;
(2)-The director shall issue said duplicate certification of emission inspection upon the owner's demonstrating to the director that said vehicle had been inspected previously and bears a current and valid inspection sticker; or

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(3)-In the event a windshield bearing a valid emission inspection sticker is replaced, a new emission inspection sticker may be issued for such vehicle within 30 days after the replacement of the windshield without the necessity of reinspection if the owner of the vehicle executes an affidavit in a form furnished by the director stating that the windshield of his or her vehicle has been replaced and giving such other information as the director may require and pays to the inspection station a fee in an amount equal to the actual administrative cost of issuing such a sticker which shall be no less than the cost of the sticker plus the cost of computer access. The vehicle may be operated on the highways without an emission inspection sticker for 30 days after the replacement of the windshield if proof of the date of such replacement is carried in the vehicle. In all cases, the new emission inspection sticker or duplicate certificate of emission inspection shall be valid only for the remainder of the period for which the replaced emission inspection sticker or certificate of emission inspection was to be valid.
(i)-The inspection provided for in subsection (a) of this Code section shall not require any alteration of any portion of the engine or equipping of the engine with any device for the sole purpose of facilitating the conduct of such test during the testing periods for 1997 and 1998.
12-9-49.12-9-48.
(a) Any garage or other establishment which person who desires to conduct emission inspections shall submit to the director an application for a certificate of authorization under this article. Applications shall be made upon a form designated by the director and shall contain such information as may be required by the director submitted in such manner, on such forms, and contain such information as the director prescribes and which he or she deems necessary to make a determination of compliance with this article and the rules and regulations promulgated pursuant to this article .
(b) A certificate of authorization and certificate of emission inspection shall be issued only after the director has made a determination that the applicant's proposed inspection station will be properly equipped, has the necessary licensed mechanic inspectors to conduct inspections, and meets all other requirements of this article and the rules and regulations promulgated pursuant to this article.
(c)(1) The board shall not in any manner limit the number, location, and or types of authorized inspection station stations certified to operate in any nonattainment area-;- or county, or any portion of a county or area subject to this article . In no event shall the board enter into any contract or into a series of contracts the effect of which will be the realization of centralized testing, except for the testing of heavy duty vehicles or remote sensing authorized by paragraph (17) of subsection (a) of Code Section 12-9-45.
(2) As used in paragraph (1) of this subsection, the phrase 'types of authorized inspection stations' refers to:
(A) A centralized network of emission inspection stations that is run by a state agency or a single contractor authorized by the director to perform emission inspections within a defined area;
(B) A decentralized network of emission inspection stations that are run by persons at privately owned facilities who have been authorized by the director to perform emission inspections, which may also do emission repair work; or
(C) Any combination of the networks described in subparagraphs (A) and (B) of this paragraph.
(d) The director, prior to issuing a certificate of authorization, shall require proof that the applicant has either filed a bond or has obtained liability insurance in a form and amount satisfactory to the director subject to such terms and conditions and in an amount prescribed by the board through rule or regulation to ensure compensation for any damage to a vehicle during an inspection or adjustment caused by negligence of the applicant or its agent. The term of the liability insurance shall correspond to the period of the certificate of authorization.
(e) With respect to any certificate of authorization issued to for any emission inspection station licensed, authorized, or certified by the department director to inspect responsible motor vehicle emissions, responsible motor vehicle emission control equipment, and on-board diagnostic equipment for compliance with the requirements of this article, the following shall apply:

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(1) The director shall ensure the operation of such official certified emission inspection stations of a number, at locations, and in a condition satisfactory to the director and in conformance with all standards, requirements, and specifications prescribed for such inspection stations, procedures, personnel, and equipment by the rules and regulations of the board pursuant to this article; and each official certified emission inspection station shall keep a record of inspections, reinspections, the results thereof, and certificates of emission inspection issued in a manner designated by the department division and in conformance with any requirements for such records and reports prescribed by the rules and regulations of the board. All records required in by this article to be maintained by an official a certified emission inspection station shall be available for inspection at all reasonable times;
(2) Any official emission inspection station licensed, permitted, or established under this Code section certified under this article shall be required to perform inspections on responsible motor vehicles in conformity with the rules and regulations or requirements established, prescribed, or promulgated by the board pursuant to this article. Such requirements shall ensure that uniform approved equipment is utilized and that emission inspections produce consistent results throughout affected areas of the state;
(3) A fee as provided in paragraphs (9) and (10) of subsection (a) of Code Section 12-9-46 paragraph (15) of subsection (a) of Code Section 12-9-45 shall be charged by each certified emission inspection station for performance of the emission inspection and each paid inspection of emission control devices emissions, emission control equipment, and on-board diagnostic equipment on responsible motor vehicles;
(4) The director shall supervise and cause inspections to be made of the emission inspection stations, including licensed inspectors, authorized, or certified pursuant to this article and shall ensure compliance with all applicable requirements of, under, or pursuant to this article relating to such inspections, inspection stations, and inspection personnel;
(5) No certificate of authorization for an emission inspection station shall be assigned or transferred or used in any location other than the one designated on such certificate; and
(6) No inspector license shall be assigned or transferred or used by any person other than the person designated on such license; and
(6)(7) Every certificate of authorization for an emission inspection station and mechanic every inspector license shall be posted in a conspicuous place in the station.
12-9-50.12-9-49.
(a) Any duly appointed agent of person authorized by the director, including without limitation any duly authorized agent of the director or person with whom the board director has contracted pursuant to paragraph (12) (13) of subsection (a) of Code Section 12-9-46, may enter private or public property at reasonable times and upon presentation of the agent's credentials to inspect, monitor, or investigate the operation of any emission inspection station or any establishment suspected of holding itself out as being an emission inspection station to determine whether such emission inspection station or establishment is in compliance with the requirements of this article; provided, however, that nothing in this Code section shall prohibit other investigative techniques from being utilized by the director and the rules and regulations promulgated pursuant to this article.
(b) Nothing in this Code section shall prohibit other investigative techniques from being utilized.
(c) Evidence of motor vehicle exhaust emissions based on a remote sensing exhaust emissions detection device which is of a model that has been approved by the director shall be considered scientifically acceptable and reliable as a remote sensing exhaust emissions detection device and shall be admissible for all purposes in any court, judicial, or administrative proceeding in this state. A certified copy of the director's list of approved models shall be self-authenticating and shall be admissible for all purposes in any court, judicial, or administrative proceeding in this state.
12-9-51.12-9-50.

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1811

(a) Beginning July 1, 1992, it It shall be unlawful for any county to and no county shall register any responsible motor vehicle subject to any requirement under Code Section 12-9-45 12-9-47 pursuant to or subject to the requirements of Chapter 2 of Title 40 without proof of a valid passing certificate of emission inspection or waiver issued pursuant to Code Section 12-9-48 12-9-47 indicating that such responsible motor vehicle satisfied all applicable requirements of Code Section 12-9-45 and Code Section 12-9-48 this article and the rules and regulations promulgated pursuant to this article. In applying for a motor vehicle registration for a responsible motor vehicle subject to any requirement under Code Section 12-9-45 12-9-47, the application shall be accompanied by proof of the issuance of a passing certificate of emission inspection or waiver issued pursuant to Code Section 12-9-48 12-947. Any county which registers any responsible motor vehicle without proof of a passing certificate of emission inspection or waiver shall be in violation of this article.
(b) It shall be unlawful to and no person shall operate a responsible motor vehicle subject to any requirement under Code Section 12-9-45 12-9-47 on the roadways of this state without a valid registration passing certificate of emission or waiver issued in compliance with this article and the rules and regulations promulgated pursuant to this article . Any person who operates a responsible motor vehicle subject to any requirement under Code Section 12-945 on the roadways of this state without a valid registration issued in compliance with this article shall be considered to be operating an unregistered motor vehicle.
(c)-The board may provide for a procedure to be implemented by each county to ensure that certificates of emission inspection are not improperly reused.
12-9-52.12-9-51.
(a) The director may deny, amend, modify, revoke, or suspend, or refuse to renew any certificate of authorization issued to an emission inspection station or any license issued to a mechanic an inspector for cause, including but not limited to:
(1) Violating the provisions any provision of this article concerning the inspection of any responsible motor vehicle or the rules and regulations promulgated pursuant to this article;
(2) A determination by the board that the number, location, or type types of certified inspection stations or licensed mechanic inspectors needs to be limited to ensure effective implementation of this article or to comply with the requirements of the federal Clean Air Act, as amended; or
(3) Receipt of a request for an amendment, modification, suspension, or revocation by the emission inspection station or mechanic inspector.
(b) The director may suspend without prior notice or hearing any certificate of authorization issued to an emission inspection station or any license issued to an inspector if the director finds, and incorporates such finding in his or her order, that there is reason to believe that emission inspections are being conducted by the station or inspector in flagrant disregard for or flagrant violation of the requirements of this article and the rules and regulations promulgated pursuant to this article or under circumstances producing inaccurate or incomplete results requiring such emergency action. The order shall contain a notice of opportunity for a hearing and may be served by certified mail, return receipt requested, or by hand delivery to the address provided by the owner or operator of the emission inspection station or the licensed inspector in his or her most recent application or as updated. Receipt of the order will be conclusively presumed five days after mailing by certified mail, return receipt requested, or hand delivery to the address provided by the owner or operator of the emission inspection station or the licensed inspector in his or her most recent application or as updated. Any person to whom such order is directed shall comply with such order immediately; provided, however, that upon petition filed with the director, such person shall be afforded a hearing within five business days of receipt of the petition by the director. Based upon findings adduced at such hearing, the order shall be modified with the concurrence of the director, reversed, or continued by the administrative law judge as he or she deems appropriate.
12-9-53.12-9-52.

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Review of a decision of the director under this article shall be in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
12-9-54.12-9-53.
No person, except for a person who owns a motor vehicle primarily for personal, family, or household purposes, shall sell within a covered county or any county adjoining a covered county any motor vehicle which is intended for highway use if such vehicle is at the time of the sale a responsible motor vehicle required to have a passing certificate of emission inspection or waiver under Code Section 12-9-45 12-9-47, unless there appears on such vehicle an unexpired valid the vehicle is accompanied by an unexpired passing certificate of emission inspection or waiver issued pursuant to this article. Any person violating this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for a first offense, $500.00 for a second offense, and $1,000.00 for each subsequent offense. If, as a result of the sale of a responsible motor vehicle subject to any requirement under Code Section 12-9-45 12-9-47, such motor vehicle would not, if immediately registered by the purchaser as provided by law, be registered in a covered county or area in which the requirements of Code Section 12-9-45 12-9-47 are applicable, this Code section shall not apply.
12-9-55.12-9-54.
(a)(1) No person shall in any manner represent any place or establishment as an official emission inspection station unless such station has been issued a valid certificate of authorization by the department director.
(2) No person shall issue a certificate of emission inspection for any responsible motor vehicle unless such person holds a valid certificate of authorization issued pursuant to this article as an emission inspection station and such vehicle has been inspected and approved by a licensed mechanic inspector as required by this article.
(3) No person shall issue a waiver for any responsible motor vehicle unless such person has been authorized to do so by the director.
(4) No person shall perform an emission inspection of any responsible motor vehicle unless such person holds a valid license issued pursuant to this article as a licensed inspector.
(5) No person shall use test equipment to perform emission inspections except in its approved form.
(b)(1) No person shall make, issue, or knowingly use any imitation or counterfeit of an official certificate of emission inspection or waiver.
(2) No person shall possess, display, or cause or permit to be displayed upon any vehicle any emission inspection sticker knowing the same to be counterfeit or issued for another vehicle or issued without the required inspection and approval.
(3) No person shall use for the purpose of proof under subsection (d) of Code Section 12-9-48 (f) of Code Section 12-9-47 any receipt or document purporting to show cost of repair or maintenance or replacement of equipment unless such receipt or document accurately represents costs actually incurred by such person with respect to the responsible motor vehicle for which the certificate of emissions waiver is sought.
(c) It shall be unlawful for any person to operate or permit to be operated on any highway of this state a responsible motor vehicle registered in any county subject to this article pursuant to or subject to the requirements of Chapter 2 of Title 40, which is at the time of operation required to have a passing certificate of emission inspection or waiver under Code Section 12-9-45 12-9-47, without a valid passing certificate of emission inspection or waiver and emission inspection sticker, if required. If the owner of any motor vehicle who has been notified of the requirement of to obtain an emission inspection pursuant to paragraph (7) of subsection (a) of Code Section 12-9-47 (17) of subsection (a) of Code Section 12-9-45 fails to have the vehicle inspected within 30 days after receipt of such notice, such vehicle shall be in violation of this article and any passing certificate of emission inspection or waiver and any emission inspection sticker previously issued for such vehicle shall be deemed invalid. For purposes of this subsection, each day of operation or permission is a separate offense.

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(d) It shall be unlawful to register, or cause to be registered, a responsible motor vehicle in any county other than the county wherein such vehicle is required to be registered by Chapter 2 of Title 40 for the purpose of avoiding any requirement of this article or the rules and regulations promulgated pursuant to this article. Each day of continued unlawful registration shall be a separate offense.
(e) With respect to any responsible motor vehicle subject to any requirement under this article, it shall be unlawful for the purpose of avoiding any requirement of this article or the rules and regulations promulgated pursuant to this article to render unserviceable by removal, alteration, lack of maintenance, or other interference with its operation any emission control equipment or on-board diagnostic equipment required on such responsible motor vehicle when such vehicle was new by the federal Clean Air Act and required by the rules and regulations of the board promulgated pursuant to this article to be inspected and maintained. Each day of such unserviceability shall be a separate offense.
(f) Any person violating any provision of this article or the rules and regulations promulgated pursuant to this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $1,000.00.
(g) Any person violating any provision of this article, or rules or regulations under this article, or refusing to comply with any final order issued under this article shall be liable for a civil penalty of not more than $5,000.00 per day violation; provided, however, that in no instance shall any person be both liable for a civil penalty under this subsection and subjected to a criminal prosecution pursuant to subsection (f) of this Code section. Upon a showing that a civil proceeding has been commenced to assess a civil penalty, a court to which a criminal citation for a violation of subsection (f) of this Code section has been presented shall stay the criminal proceeding until the civil penalty proceeding has been completed. If a civil penalty is assessed, the criminal proceeding shall be dismissed.
(h) It shall be unlawful for any person to violate any provision of this article or any rule or regulation promulgated pursuant to this article.
(i) If it is determined that any county has registered responsible motor vehicles without receiving proof from the owners that the responsible motor vehicles satisfy all applicable requirements of Code Sections 12-9-45 and 12-9-48 Section 12-9-47, the director shall notify the commissioner of transportation that such an unlawful act has occurred. Upon such notification, the State Transportation Board may at its discretion withhold Department of Transportation funding assistance from any such county.
12-9-56.12-9-55.
When duly promulgated and adopted, all rules and regulations issued pursuant to this article by the board shall have the force of law.
12-9-57.12-9-56.
This Except as otherwise provided in this article, this article shall remain of force and effect only so long as the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended, requires the State of Georgia to maintain and enforce the inspection plan and program provided for in this article in order to reduce the ambient air levels of ozone, or carbon monoxide, or particulate matter which exceed the levels specified by the National Ambient Air Quality Standards for such pollutants specified by the United States Environmental Protection Agency pursuant to said act. Upon This article shall be repealed 12 months after the effective date of an amendment to the federal Clean Air Act which allows the State of Georgia to discontinue the maintenance and enforcement of the inspection such plan and program provided for in this article without the imposition of sanctions against the State of Georgia such as the loss of federal funds for sewage treatment plants, transportation projects, air quality improvement projects, a moratorium on development within any area of the state, or other substantial penalty, this article shall be repealed."
SECTION 2.

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Article 1 of Chapter 32 of Title 36, relating to general provisions relative to municipal courts, is amended by striking in its entirety Code Section 36-32-8, relating to jurisdiction in cases of operating responsible motor vehicle without certificate of emission inspection, retention of fines and forfeitures, and the transfer of cases, and inserting in lieu thereof the following:
"36-32-8.
(a) The municipal court of each municipality of each county required to comply with Article 2 of Chapter 9 of Title 12, known as the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act,' is granted jurisdiction to try and dispose of such cases in which a person is charged with a misdemeanor under Code Section 12-9-55 12-9-54 o f operating a responsible motor vehicle without a passing certificate of emission inspection or waiver, if the offense occurred within the corporate limits of such municipality. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality.
(c) Any defendant charged with a misdemeanor under Code Section 12-9-55 12-9-54 in a municipal court shall be entitled upon request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d) Nothing in this Code section shall be construed to give any municipality the right to impose a fine in excess of the limits set forth in Code Section 12-9-55 12-9-54."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Ladd of the 41st offered the following amendment #1:
Amend the Senate Natural Resources Committee substitute to HB 1423 by inserting immediately following line 15 of page 42 the following:
"Any other provision of this Act or any other law to the contrary notwithstanding, each automobile and light truck registered in this state shall be required to pass an annual inspection of exhaust emissions.
SECTION 3A."
Senator Ladd of the 41st asked unanimous consent that his amendment #1 be withdrawn. The consent was granted, and the amendment was withdrawn.
Senators Ladd of the 41st, Johnson of the 1st, and Guhl of the 45th offered the following amendment #2:
Amend the Senate Natural Resources Committee substitute to HB 1423 by inserting on line 12 of page 13, between the word "vehicles" and the symbol ".", the following:
", which shall be no less than 24 months unless the board completes a cost-benefit analysis and the results of such analysis show that a requirement of a shorter term would fall within the USEPA standard for 'highly effective measures' for reducing nitrogen oxide pollution".
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Monday, March 20, 2000

1815

Y Balfour N Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

Y Hamrick N Harbison Y Hecht N Hill N Hooks N Huggins N Jackson
James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Y Lee N M V Bremen N Madden Y Marable Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray Y Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D
Thomas,N Y Thomas,R N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 28, nays 26, and the Ladd, et al. amendment #2 was adopted.

Senator Thompson of the 33rd moved that the Senate reconsider its action in adopting the Ladd, et al. amendment #2.

On the motion, the President ordered a roll call, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun N Brown N Brush N Burton Y Butler N Cable N Cagle N Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins N Jackson
James N Johnson,E Y Kemp N Ladd N Lamutt N Land N Lee Y M V Bremen Y Madden N Marable N Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray N Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate N Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the motion, the yeas were 27, nays 28; the motion lost, and the Ladd, et al. amendment #2 was not reconsidered.
Senators Ladd of the 41st, Johnson of the 1st, Guhl of the 45th and Cagle of the 49th offered the following amendment #3:
Amend the Senate Natural Resources Committee substitute to HB 1423 by inserting on line 11 of page 1, following the word and symbol "fees;", the following:

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"to provide for an express limitation on the power of the board to require emissions testing in certain counties;".

By striking on line 31 of page 1 the words "and adjacent counties".

By striking on line 24 of page 3 the word "and" and inserting in lieu thereof the word "and".

By striking line 36 of page 3 and inserting in lieu thereof the following:

"control requirements to offset increased emissions."

By striking lines 37 through 44 of page 3 and 1 through 6 of page 4.

By striking lines 23 and 24 of page 5 and inserting in lieu thereof the following:

"of a county, or area located within a nonattainment area."

By striking lines 11 through 16 of page 9 and inserting in lieu thereof the following:

"article."

By striking lines 18 through 31 of page 12 and inserting in lieu thereof the following:

"(2) Reserved;

(3) Reserved;".

By inserting immediately following line 7 of page 17 the following:

"(c) The board shall not have the authority to require the testing of exhaust emissions of any motor vehicle in any county or portion of a county which was not located in a nonattainment area on January 1, 2000. Any such testing shall be only required by Act of the General Assembly."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

Y Hamrick N Harbison N Hecht N Hill N Hooks Y Huggins N Jackson
James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N M V Bremen N Madden Y Marable Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray Y Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D N Thomas,N Y Thomas,R
Thompson N Walker Y Williams

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1817

On the adoption of the amendment, the yeas were 26, nays 28, and the Ladd, et al. amendment #3 was lost.

Senators Ladd of the 41st, Johnson of the 1st, Guhl of the 45th and Cagle of the 49th offered the following amendment #4:

Amend the Senate Natural Resources Committee substitute to HB 1423 as follows:

By striking line 37 of page 1 and inserting in lieu thereof the following:

"references contained in such Code section; to amend Code Section 50-13-4, relating to procedural requirements for the adoption, amendment, or repeal of administrative rules, so as to provide an exemption from such Code section relating to proposed rules relative to the Environmental Protection Division of the Department of Natural Resources; to provide an".

By inserting immediately following line 15 of page 42 the following:

"Code Section 50-13-4, relating to procedural requirements for the adoption, amendment, or repeal of administrative rules, is amended by striking in its entirety subsection (g), which reads as follows:

'(g)(1) Subsection (f) of this Code section shall not apply to the Environmental Protection Division of the Department of Natural Resources, but paragraph (2) of this subsection shall apply to the Environmental Protection Division of the Department of Natural Resources.

(2) In the event the chairman of any standing committee to which a proposed rule relative to the Environmental Protection Division of the Department of Natural Resources is assigned notifies the agency that the committee objects to the adoption of the rule or has questions concerning the purpose, nature, or necessity of the rule, it shall be the duty of the agency to consult with the committee prior to the adoption of the rule.'

SECTION 4."

By redesignating Section 4 as Section 5.

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts N Dean N Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

Y Hamrick N Harbison N Hecht N Hill N Hooks N Huggins N Jackson
James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N M V Bremen N Madden Y Marable Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray Y Scott N Smith N Starr Y Stephens N Stokes N Streat N Tanksley N Tate Y Thomas,D N Thomas,N
Thomas,R N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 23, nays 31, and the Ladd, et al. amendment #4 was lost.

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Senator Madden of the 47th offered the following amendment #5:

Amend the Senate Natural Resources committee substitute to HB 1423 by striking line 12 of page 13 and inserting in lieu thereof the following:

"inspections of responsible motor vehicles; provided, however, that if the board prescribes a 12 month inspection term, such term shall not begin for all responsible motor vehicles until January 1, 2002; provided, further, that the board may condition the passing certificates or waivers granted to responsible motor vehicles with odd-numbered model years tested in 2001 in such manner as needed to allow an appropriate transition to such a 12 month inspection. "

Senator Madden of the 47th asked unanimous consent that his amendment #5 be withdrawn. The consent was granted, and the amendment was withdrawn.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush N Burton Y Butler Y Cable N Cagle Y Cheeks N Crotts N Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden N Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 47, nays 7.

The bill, having received the requisite constitutional majority, was passed by substitute.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate amendment to the following bill of the House:

Monday, March 20, 2000

1819

HB 567.

By Representatives Skipper of the 137th, Buck of the 135th, Jamieson of the 22nd and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to housing authorities; to provide for an exemption for certain sales to or by nonprofit organizations having as their primary purpose the raising of funds for books, materials, and programs for public libraries; to provide for an exemption with respect to the sale or use of wheelchairs and certain related equipment.

The House has disagreed to the Senate amendment to the following resolution of the House:

HR 1053.

By Representative Bailey of the 93rd:

A resolution compensating Mr. Calvin C. Johnson, Jr.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 837.

By Representative Bordeaux of the 151st:

A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for trespass upon or damage to realty accrues.

The House has disagreed to the Senate amendment to the following bill of the House:

HB 1619.

By Representatives Barnes of the 97th, Benefield of the 96th, Porter of the 143rd and others:

A bill to amend Code Section 20-3-519.7 of the Official Code of Georgia Annotated, relating to PROMISE teacher's scholarships, so as to change the requirements for eligibility for the scholarship and define certain terms.

The Calendar was resumed.

HB 1428. By Representatives Holland of the 157th, Walker of the 141st and Jenkins of the 110th:

A bill to be entitled an Act to amend Article 1 of Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to probate, so as to provide that the Supreme Court of Georgia shall be authorized to adopt rules governing the use of forms in the probate courts and standard forms to be used in proceedings before the probate courts; to make certain provisions for such forms; to provide that no uniform or local rules shall be adopted which are not in compliance with such requirements; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Egan of the 40th.

Senator Hecht of the 34th offered the following amendment:

Amend HB 1428 by adding on page 2, line 26

"This Act shall become effective upon signature by the Governor."

On the adoption of the amendment, the yeas were 41, nays 0, and the Hecht amendment was adopted.

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Senator Egan of the 40th offered the following amendment:

Amend HB 1428 by striking "Article 1 of Chapter 1 of Title 53" on lines 1 and 14 and substitute in both lines "Article 4 of Chapter 9 of Title 15"

and strike "53-1-9" in line 19 and substitute "15-9-90".

On the adoption of the amendment, the yeas were 41, nays 0, and the Egan amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp
Ladd Y Lamutt
Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following bill of the House:

HB 814.

By Representatives Orrock of the 56th, Hegstrom of the 66th and West of the 101st:

A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing of practitioners of acupuncture.

The following bill was taken up to consider House action thereto:

SB 27.

By Senators Johnson of the 1st, Marable of the 52nd, Smith of the 25th and Jackson of the 50th:

A bill to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to provide that any warrant for the arrest of a teacher or school administrator for any offense alleged to have been committed while in the performance of his or her

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duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court; to provide for an effective date and for applicability.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, so as to change provisions relating to issuance of warrants for arrest; to provide for issuance of a warrant based upon information from persons other than peace officers or law enforcement officers after attempted notice and hearing; to provide for exceptions; to provide for procedures and rules regarding evidence and crossexamination at the warrant application hearing; to provide that a warrant shall not be quashed and evidence shall not be suppressed in certain circumstances; to provide that a warrant for the arrest of a teacher or school administrator for an offense alleged to have been committed in the performance of his or her duties may be issued only by a judge of a specified court; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to warrants for arrest, is amended by striking in its entirety Code Section 17-4-40, relating to persons who may issue warrants for the arrest of offenders against penal laws and for the arrest of peace officers, and inserting in its place the following:
"17-4-40.
(a) Any judge of a superior, city, state, or magistrate court or any municipal officer clothed by law with the powers of a magistrate may issue his a warrant for the arrest of any offender against the penal laws, based on probable cause either on his the judge's or officer's own knowledge or on the information of others given to him the judge or officer under oath. Any retired judge or judge emeritus of a state court may likewise issue arrest warrants if authorized in writing to do so by an active judge of the state court of the county wherein the warrants are to be issued.
(b)(1) If application is made for a warrant by a person other than a peace officer or law enforcement officer and the application alleges the commission of an offense against the penal laws, the judge or other officer shall schedule a warrant application hearing as provided in this subsection unless the person accused has been taken into custody by a peace officer or law enforcement officer or except as provided in paragraph (6) of this subsection.
(2) Except as otherwise provided in paragraph (6) of this subsection, a warrant application hearing shall be conducted only after attempting to notify the person whose arrest is sought by any means approved by the judge or other officer which is reasonably calculated to apprise such person of the date, time, and location of the hearing.
(3) If the person whose arrest is sought does not appear for the warrant application hearing, the judge or other officer shall proceed to hear the application and shall note on the warrant application that such person is not present.
(4) At the warrant application hearing, the rules regarding admission of evidence at a commitment hearing shall apply. The person seeking the warrant shall have the customary rights of presentation of evidence and crossexamination of witnesses. The person whose arrest is sought may cross-examine the person or persons applying for the warrant and any other witnesses testifying in support of the application at the hearing. The person whose arrest is sought may present evidence that probable cause does not exist for his or her arrest. The judge or other officer shall have the right to limit the presentation of evidence and the cross-examination of witnesses to the issue of probable cause.
(5) At the warrant application hearing, a determination shall be made whether or not probable cause exists for the issuance of a warrant for the arrest of the person whose arrest is sought. If the judge or other officer finds that probable cause exists, the warrant may issue instanter.

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(6) Nothing in this subsection shall be construed as prohibiting a judge or other officer from immediately issuing a warrant for the arrest of a person upon application of a person other than a peace officer or law enforcement officer if the judge or other officer determines from the application or other information available to the judge or other officer that:

(A) An immediate or continuing threat exists to the safety or well-being of the affiant or a third party;

(B) The person whose arrest is sought will attempt to evade arrest or otherwise obstruct justice if notice is given;

(C) The person whose arrest is sought is incarcerated or otherwise in the custody of a local, state, or federal law enforcement agency;

(D) The person whose arrest is sought is a fugitive from justice;

(E) The offense for which application for a warrant is made is deposit account fraud under Code Section 16-9-20, and the person whose arrest is sought has previously been served with the ten-day notice as provided in paragraph (2) of subsection (a) of Code Section 16-9-20; or

(f) The offense for which application for the warrant is made consists of an act of family violence as defined in Code Section 19-13-1.

In the event that the judge or officer finds such circumstances justifying dispensing with the requirement of a warrant application hearing, the judge or officer shall note such circumstances on the face of the warrant application.

(7) No warrant shall be quashed nor evidence suppressed because of any irregularity in proceedings conducted pursuant to this subsection not affecting the substantial rights of the accused under the Constitution of this state or of the United States.

(c) Any warrant for the arrest of a peace officer, law enforcement officer, teacher, or school administrator for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court."

SECTION 2.

This Act shall become effective July 1, 2000.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

Senator Johnson of the 1st moved that the Senate agree to the House substitute to SB 27.

On the motion, the President ordered a roll call, and the vote was as follows:

N Balfour N Blitch N Bowen Y Broun Y Brown Y Brush N Burton Y Butler Y Cable Y Cagle Y Cheeks N Crotts

Y Hamrick N Harbison Y Hecht N Hill N Hooks N Huggins
Jackson Y James Y Johnson,E N Kemp N Ladd Y Lamutt

Y Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes
Streat Tanksley Y Tate

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1823

Y Dean N Egan Y Fort N Gillis Y Gingrey
Golden N Guhl

N Land Y Lee
M V Bremen N Madden Y Marable Y Perdue Y Polak

Y Thomas,D N Thomas,N
Thomas,R Y Thompson
Walker N Williams

On the motion, the yeas were 29, nays 20; the motion prevailed, and the Senate agreed to the House substitute to SB 27.
The following bill was taken up to consider House action thereto:
SB 297. By Senators Brown of the 26th, Ladd of the 41st, Polak of the 42nd and others:
A bill to be entitled an Act to amend Title 4 of the O.C.G.A., relating to animals, so as to change certain references relating to cruelty to animals; to include a certain reference relating to animal fighting; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to revise comprehensively the law relating to the offense of cruelty to animals; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to prohibit animal abuse and the abandonment of certain animals; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to make it unlawful to obstruct the Commissioner of Agriculture and other officials acting under said title; to provide for penalties; to provide for definitions; to provide for the appointment of animal control officers; to provide for inspection warrants; to provide procedures for the impounding of certain animals under certain circumstances; to provide for notices and hearings; to make it unlawful to abandon a domestic animal; to provide for injunctions; to provide for reports of animal cruelty or dog fighting by veterinarians, veterinary technicians, and other persons; to provide immunity from civil or criminal actions for persons making such reports; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, so as to define the offenses of cruelty to animals and aggravated cruelty to animals; to provide for penalties; to provide for exemptions; to provide for a short title; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Animal Protection Act of 2000."
SECTION 2.
Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by inserting after Code Section 41-5 a new Code Section 4-1-6 to read as follows:
"4-1-6.
It shall be unlawful for any person to obstruct, interfere, or hinder the Commissioner, his or her designated agents and employees, an animal control officer, or a dog control officer in the lawful discharge of his or her official duties pursuant to this title. Any person convicted of a violation of this Code section shall be punished as provided in subsection (b) of Code Section 16-10-24."

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SECTION 3.
Said title is further amended by striking Code Section 4-8-7, relating to penalties, and inserting in lieu thereof the following:
"4-8-7.
Any Except as provided in Code Sections 16-12-4 and 16-12-37, any person who violates any provision of this article shall be guilty of a misdemeanor."
SECTION 4.
Said title is further amended by striking Code Section 4-11-2, relating to definitions, and inserting in lieu thereof the following:
"4-11-2.
As used in this article, the term:
(1) 'Adequate food and water' means food and water which is sufficient in an amount and appropriate for the particular type of animal to prevent starvation, dehydration, or a significant risk to the animal's health from a lack of food or water.
(1.1) 'Animal control officer' means an individual authorized by local law or by the governing authority of a county or municipality to carry out the duties imposed by this article or imposed by local ordinance.
(2) 'Animal shelter' means any facility operated by or under contract for the state, a county, a municipal corporation, or any other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.
(3) 'Equine' means any member of the Equidae species, including horses, mules, and asses.
(4) 'Humane care' of animals means, but is not limited to, the provision of adequate heat, ventilation, sanitary shelter, and wholesome and adequate food and water, consistent with the normal requirements and feeding habits of the animal's size, species, and breed.
(5) 'Kennel' means any establishment, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, or similar purposes for a fee or compensation.
(6) 'Person' means any person, firm, corporation, partnership, association, or other legal entity, any public or private institution, the State of Georgia, or any county, municipal corporation, or political subdivision of the state.
(7) 'Pet dealer' or 'pet dealership' means any person who sells, offers to sell, exchanges, or offers for adoption dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets in this state. However, a person who sells only animals that he or she has produced and raised, not to exceed 30 animals a year, shall not be considered a pet dealer under this article unless such a person such person is licensed for a business by a local government or has a Georgia sales tax number. The Commissioner may with respect to any breed of animals decrease the 30 animal per year exception in the foregoing sentence to a lesser number of any animals for any species which that is commonly bred and sold for commercial purposes in lesser quantities. Operation of a veterinary hospital or clinic by a licensed veterinarian shall not constitute the veterinarian as a pet dealer, kennel, or stable under this article.

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(8) 'Secretary of Agriculture' means the Secretary secretary of the United States Department of Agriculture.
(9) 'Stable' means any building, structure, pasture, or other enclosure where equines are maintained for boarding, holding, training, breeding, riding, pulling vehicles, or other similar purposes and a fee is charged for maintaining such equines or for the use of such equines.
(10) As defined herein, 'Animal' shall not include any fish or other swimming creature that lives in water.
(11) As defined herein, 'Animal' shall not include any pest type animal that might be exterminated and or removed from a business, residence, or other structure."
SECTION 5.
Said title is further amended by inserting after Code Section 4-11-9.1 new Code Sections 4-11-9.2, 4-11-9.3, 4-119.4, 4-11-9.5, and 4-11-9.6 to read as follows:
"4-11-9.2.
(a) At any time there is probable cause to believe that a violation of this article or any rule or regulation adopted pursuant to this article has occurred, the Commissioner, his or her designated agent, or an animal control officer who is an employee of state or local government may apply to the appropriate court in the county in which the animal is located for an inspection warrant under the provisions of Code Section 2-2-11.
(b) Any sheriff, deputy sheriff, or other peace officer shall have the authority to enforce the provisions of this article and Code Sections 16-12-4 and 16-12-37.
(c) The Commissioner, his or her designated agent, an animal control officer who is an employee of state or local government, or any sheriff, deputy sheriff, or other peace officer is authorized to impound any animal:
(1) That has not received humane care;
(2) That has been subjected to cruelty in violation of Code Section 16-12-4;
(3) That is used or intended for use in any violation of Code Section 16-12-37; or
(4) If it is determined that a consent order or other order concerning the treatment of animals issued pursuant to this article is being violated.
(d) Prior to an animal being impounded pursuant to paragraph (1), (2), or (3) of subsection (c) of this Code section, a licensed accredited veterinarian approved by the Commissioner or a veterinarian employed by a state or federal government and approved by the Commissioner, shall, at the request of the Commissioner, his or her designee, an animal control officer, a sheriff, a deputy sheriff, or other peace officer, examine and determine the condition or treatment of the animal.
(e) The provisions of this Code section and Code Sections 4-11-9.3 through 4-11-9.6 shall not apply to scientific experiments or investigations conducted by or at an accredited college or university in this state or research facility registered with the Commissioner or the United States Department of Agriculture.
4-11-9.3.
(a) It shall be the duty of any person impounding an animal under Code Section 4-11-9.2 to make reasonable and proper arrangements to provide the impounded animal with humane care and adequate and necessary veterinary services. Such arrangements may include, but shall not be limited to, providing shelter and care for the animal at any state, federal, county, municipal, or governmental facility or shelter; contracting with a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary

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services for a reasonable fee; or allowing a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary services as a volunteer and at no cost.
(b) Any person impounding an animal under this article or providing care for an impounded animal shall have a lien on such animal for the reasonable costs of caring for such animal. Such lien may be foreclosed in any court that is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.
(c) Any person impounding an animal under this article is authorized to return the animal to its owner, upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order, unless such owner was, in a prior administrative or legal action in this state or any other state, found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog fighting in violation of the laws of this state or of the United States or any of the several states. Such consent order shall provide conditions relating to the care and treatment of such animal, including, but not limited to, the following, that:
(1) Such animal will be given humane care and adequate and necessary veterinary services;
(2) Such animal will not be subjected to cruelty; and
(3) The owner will comply with this article.
(d) The provisions of subsection (c) of this Code section shall not apply to an animal that was an object or instrumentality of a crime nor shall any such animal be returned to the owner without the approval of the prosecuting attorney. An agency having custody of an animal that was seized as an object or instrumentality of a crime may, with the consent of the prosecuting attorney, apply to the court having jurisdiction over the offense for an order authorizing such agency to dispose of the animal prior to trial of the criminal case as provided by law.
4-11-9.4.
(a) It shall be the duty of any person impounding an animal under this article to notify the owner of such animal immediately upon impoundment. Such notice shall state the name and business address of the person impounding the animal, the name and address of the state or local government agency having custody of the animal, a description of the animal, the reason why the animal was impounded, and a statement of the time limits for the owner to respond and request a hearing as provided in Code Section 4-11-9.5. The notice shall be provided by personal service or by registered or certified mail sent to the last known address of the owner. Service of the notice which complies with subsection (b) of Code Section 9-11-5 shall in all cases be sufficient. If the owner of such animal is unknown or cannot be found, service of the notice on the owner shall be made by posting the notice in a conspicuous place at the location where the animal was impounded and by publishing a notice once in a newspaper of general circulation in the county where the animal was impounded.
(b) An animal impounded pursuant to this article is deemed to be in the custody of the state or local government agency responsible for enforcement of this article within said county or municipality.
4-11-9.5.
(a) If the owner of an animal impounded pursuant to this article fails to respond in writing within five business days of the date the notice of impoundment was served, or, if the owner is unknown or could not be found within 30 days of publication of the notice of impoundment, the impounded animal may be disposed of pursuant to Code Section 411-9.6.
(b)(1) If the owner of an animal impounded pursuant to this article refuses to enter into a consent agreement with the government agency having custody of the animal that such animal will be given humane care and adequate and necessary veterinary care, the owner may request, in writing, a hearing within five business days of the date the notice of impoundment was served on such owner, or, if the owner is unknown or could not be found, within 30 days of the date of publication of the notice of impoundment. Such request for hearing shall be served upon the government agency having custody of the animal. If no hearing is requested within the time limits specified in this

Monday, March 20, 2000

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paragraph and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the owner, the right to a hearing shall have been waived.
(2) Within 30 days after receiving a written request for a hearing, the government agency having custody of the animal shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If the animal is in the custody of an agency of local government which has, by local law or ordinance, established a procedure for hearing such matters, the body designated in such local law or ordinance shall conduct the hearing required by this Code section. If the local government does not have a hearing procedure, the government agency having custody of the animal may refer the matter to the Office of State Administrative Hearings. If the animal is in the custody of the Department of Agriculture, the Commissioner or his or her designee shall conduct the hearing. The hearing shall be public and all testimony shall be received under oath. A record of the proceedings at such hearing shall be made and maintained by the hearing officer as provided in Code Section 50-13-13.
(3) The scope of the hearing shall be limited to whether the impounding of the animal was authorized by subsection (c) of Code Section 4-11-9.2.
(4) The hearing officer shall, within five business days after such hearing, forward a decision to the person who impounded the animal and the government agency having custody of the animal.
(5) If the hearing officer finds that the animal was improperly impounded, the animal shall be returned to the owner and the cost incurred in providing reasonable care and treatment for the animal from the date of impoundment to the date of the order shall be paid by the impounding agency.
(6) If the hearing officer finds that the animal was lawfully impounded, the hearing officer may:
(A) Recommend that the government agency having custody of the animal dispose of the animal as provided in Code Section 4-11-9.6; or
(B) Unless, in a prior administrative or legal action in this state or any other state, the owner has been found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog fighting in violation of the laws of this state or of the United States or any of the several states, recommend conditions under which the animal may, upon payment by the owner of all costs of impoundment and care, be returned to the owner. Such conditions shall be reduced to writing and served upon the owner and the government agency having custody of the animal. Such conditions may include, but are not limited to, the following, that:
(i) Such animal will be given humane care and adequate and necessary veterinary services;
(ii) Such animal will not be subjected to mistreatment; and
(iii) The owner will comply with this article.
(c) The provisions of this Code section shall not apply to an animal that was an object or instrumentality of a crime nor shall any such animal be returned to the owner or disposed of without the approval of the prosecuting attorney.
4-11-9.6.
(a) The government agency having custody of an animal impounded pursuant to this article which is not returned to the owner as provided in Code Sections 4-11-9.3 and 4-11-9.5 may dispose of the animal through sale by any commercially feasible means, at a public auction or by sealed bids, or, if in the opinion of a licensed accredited veterinarian or a veterinarian employed by a state or federal government and approved by the Commissioner such animal has a temperament or condition such that euthanasia is the only reasonable course of action, by humanely disposing of the animal.
(b) Any proceeds from the sale of such animal shall be used first to pay the costs associated with the impoundment, including, but not limited to, removal of the animal from the premises, shelter and care of the animal, notice, hearing, and disposition of the animal. Any funds remaining shall:

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(1) If the owner is unknown or cannot be found, be paid into the state treasury if the animal was impounded by the Commissioner or his or her designated agent or into the treasury of the local government if the animal was impounded by the sheriff, a deputy sheriff, another law enforcement officer, or an animal control officer; or
(2) If the owner is known, be paid to the owner.
(c) The government agency responsible for conducting the sale shall keep a record of all sales, disbursements, and distributions made under this article."
SECTION 6.
Said title is further amended by striking Code Section 4-11-10, relating to unlawful acts by licensed persons, and inserting in lieu thereof the following:
"4-11-10.
It shall be unlawful for any person licensed under this article or any person employed by a person licensed under this article or under his such person's supervision or control to:
(1) Commit a violation of Code Section 16-12-4, relating to cruelty to animals , when such violation occurs on the premises of or is related to the operation of the pet dealership, animal shelter, kennel, or stable for which the license has been issued or any other such facility operated by the same person;
(2) Fail to keep the pet dealership premises, animal shelter, kennel, or stable in a good state of repair, in a clean and sanitary condition, adequately ventilated, or disinfected when needed;
(3)-Fail to provide adequate food and water;
(4)(3) Fail to provide adequate and humane care for any dog, cat, equine, or other animal at such facility; or
(5)(4) Fail to take reasonable care to release for sale, trade, or adoption only those animals which that appear to be free of disease, injuries, or abnormalities."
SECTION 7.
Said title is further amended by striking Code Section 4-11-15, relating to injunctions and restraining orders, and inserting in lieu thereof the following:
"4-11-15.
In addition to the remedies provided in this article or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, the Commissioner or, where authorized by the local governing authority, the city or county attorney is authorized to apply to the superior courts court for an injunction or restraining order. Such courts shall have jurisdiction and The court shall for good cause shown shall grant a temporary or permanent injunction or an ex parte or restraining order, restraining or enjoining any person, partnership, firm, corporation, or other entity from violating and continuing to violate this article or, any rules and regulations promulgated under this article , Code Section 16-12-4, or Code Section 16-12-37. Such injunction or restraining order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation."
SECTION 8.
Said title is further amended by inserting after Code Section 4-11-15 a new Code Section 4-11-15.1 to read as follows:

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"4-11-15.1.
Notwithstanding the provisions of Code Section 4-11-13, it shall be unlawful for any person knowingly and intentionally to abandon any domesticated animal upon any public or private property or public right of way. This Code section shall not be construed as amending or otherwise affecting the provisions of Chapter 3 of this title, relating to livestock running at large or straying."
SECTION 9.
Said title is further amended by striking Code Section 4-11-16, relating to penalties for violations, and inserting in lieu thereof the following:
"4-11-16.
Any (a) Except as otherwise provided in Code Section 16-12-4 or 16-12-37, any person, partnership, firm, corporation, or other entity violating any of the provisions of this article or any rule or regulation of the Commissioner adopted pursuant to this article shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3; provided, however, that if such offense is committed by a corporation, such corporation shall be punished by a fine not to exceed $1,000.00 for each such violation, community service of not less than 200 hours nor more than 500 hours, or both.
(b) Each violation of this article shall constitute a separate offense."
SECTION 10.
Said title is further amended by inserting after Code Section 4-11-16 a new Code Section 4-11-17 to read as follows:
"4-11-17.
(a) Notwithstanding Code Section 24-9-29 or any other provision of law to the contrary, any licensed accredited veterinarian or veterinary technician having reasonable cause to believe that an animal has been subjected to animal cruelty in violation of Code Section 16-12-4 or dog fighting in violation of Code Section 16-12-37 may make or cause to be made a report of such violation to the Commissioner, his or her designee, an animal control officer, a law enforcement agency, or a prosecuting attorney and may appear and testify in any judicial or administrative proceeding concerning the care of an animal.
(b) Any person participating in the making of a report pursuant to this Code section or participating in any administrative or judicial proceeding pursuant to this article or Title 16 shall, in so doing, be immune from any civil or criminal liability that might otherwise be incurred or imposed, provided such participation pursuant to this Code section or any other law is made in good faith."
SECTION 11.
Said title is further amended by striking Code Section 4-13-10, relating to penalties, and inserting in lieu thereof the following:
"4-13-10.
Any Except as otherwise provided in Code Section 16-12-4 or 16-12-37, any person, partnership, firm, corporation, or other entity violating any of the provisions of this chapter shall be guilty of a misdemeanor."
SECTION 12.
Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, is amended by striking Code Section 16-12-4, relating to cruelty to animals, which reads as follows:

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"16-12-4.
(a) A person is guilty of a misdemeanor of cruelty to animals in the second degree when his act, omission, or neglect causes unjustifiable physical pain, suffering, or death to any living animal.
(b) A person is guilty of a misdemeanor of cruelty to animals in the first degree upon a second or subsequent violation of subsection (a) of this Code section and, upon conviction, may be punished by imprisonment not to exceed 12 months or a fine not to exceed $5,000.00 or both.
(c) This Code section does not apply to the killing of animals raised for the purpose of providing food nor does it apply to any person who hunts wild animals in compliance with the game and fish laws of this state. The killing or injuring of an animal for humane purposes or in the furtherance of medical or scientific research is justifiable.",
and inserting in lieu thereof the following:
"16-12-4.
(a) A person commits the offense of cruelty to animals when he or she causes unjustifiable physical pain or suffering to any animal by an act, an omission, or willful neglect.
(a)(1) If application is made for a warrant by a person other than a peace officer or law enforcement officer and the application alleges the commission of an offense against the penal laws, the judge or other officer shall schedule a warrant application hearing as provided in this subsection unless the person accused has been taken into custody by a peace officer or law enforcement officer.
(b) A person commits the offense of aggravated cruelty to animals when he or she maliciously causes death or physical harm to an animal by rendering a part of such animal's body useless or by seriously disfiguring such animal.
(c) A person convicted of a violation of subsection (a) or (b) of this Code section shall be guilty of a misdemeanor; provided, however, that any person who is convicted of a second or subsequent violation of subsection (a) or (b) of this Code section may be punished by imprisonment not to exceed 12 months or a fine not to exceed $5,000.00 or both.
(d) As used in this Code section 'conviction' shall include pleas of guilty or nolo contendere or probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and any conviction, plea of guilty or nolo contendere, or probation as a first offender for an offense under the laws of the United States or any of the several states that would constitute a violation of subsection (b) of this Code section if committed in this state.
(e) Before sentencing a defendant for any conviction under this Code section, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender.
(f) The provisions of this Code section shall not be construed as prohibiting conduct which is otherwise permitted under the laws of this state or of the United States, including, but not limited to, agricultural, animal husbandry, butchering, food processing, marketing, scientific, research, medical, zoological, exhibition, competitive, hunting, trapping, fishing, wildlife management, or pest control practices or the authorized practice of veterinary medicine nor to limit in any way the authority or duty of the Department of Agriculture, Department of Natural Resources, any county board of health, any law enforcement officer, dog, animal, or rabies control officer, humane society, veterinarian, or private landowner protecting his or her property.
(g)(1) Nothing in this Code section shall be construed as prohibiting a person from:
(A) Defending his or her person or property, or the person or property of another, from injury or damage being caused by an animal; or

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(B) Injuring or killing an animal causing injury or damage to any livestock or poultry.

(2) The method used to injure or kill such animal shall be designed to be as humane as is possible under the circumstances. A person who humanely injures or kills an animal under the circumstances indicated in this subsection shall incur no liability for such death."

SECTION 13.

This Act shall become effective upon the first day of the month following its approval by the Governor or upon its becoming law without such approval.

SECTION 14.

All laws and parts of laws in conflict with this Act are repealed.

Senator Brown of the 26th moved that the Senate disagree to the House substitute to SB 297.

On the motion, the President ordered a roll call, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle N Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate disagreed to the House substitute to SB 297.
The following bill was taken up to consider House action thereto:
SB 334. By Senators Madden of the 47th, Hill of the 4th, Hooks of the 14th and Bowen of the 13th:
A bill to be entitled an Act to amend Chapter 20B of Title 33 of the Official Code of Georgia Annotated, the "Essential Rural Health Care Provider Access Act," so as to eliminate the exemption for health maintenance organizations; to provide related matters; to repeal conflicting laws; and for other purposes.

The House amendment was as follows: Amend SB 334 as follows:

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On page 1 line 16 after the word "plan" insert the words "or participating provider organization"
Senator Madden of the 47th moved that the Senate disagree to the House amendment to SB 334.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 334.
The following bill was taken up to consider House action thereto:
SB 462. By Senators Hecht of the 34th and Starr of the 44th:
A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered without prior approval; to provide for duties of the Secretary of State regarding applications for registration; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered except as provided in prior written approval to allow encumbrance of the undeveloped portion of a cemetery in certain circumstances; to provide for duties of the Secretary of State regarding applications for registration; to provide for exemptions and exceptions; to change provisions relating to trust funds for perpetual care; to change provisions relating to investment of assets of such funds and income from such funds; to provide for joint and several liability for deficiencies in such trust funds in certain circumstances; to change provisions relating to escrow accounts for burial and funeral merchandise and preneed sales; to provide for deposits into such accounts upon shortfall; to provide for joint and several liability for deficiencies in such escrow accounts in certain circumstances; to regulate preneed sales agents; to provide for registration of preneed sales agents; to provide for qualifications and affiliations of preneed sales agents; to provide for a registration application and its contents, form, and filing fee; to provide for renewal of registration; to change provisions relating to prohibiting a person from employment with a cemetery or preneed dealer; to delete a fee for intent to transfer of ownership of a cemetery; to change provisions relating to the minimum size for a cemetery; to change provisions relating to denying, suspending, or revoking a registration of a cemetery owner; to change provisions relating to penalties for late filing of an application for renewal registration; to change provisions relating to reports concerning perpetual care trust funds and preneed escrow accounts; to change provisions relating to rules and regulations of the Secretary of State; to delete provisions relating to audit expenses; to provide for inspection and review of any registrant's books; to provide for copies of rules and regulations of cemeteries; to change provisions prohibiting certain actions by persons selling preneed merchandise, burial rights, and burial or funeral merchandise; to prohibit certain actions of cemetery owners relating to the sale or installation of merchandise; to prohibit certain fees; to require compliance with "The Georgia Retail Installment and Home Solicitation Sales Act" for certain installment sales; to provide for transfer of contract rights for purchasers of preneed merchandise; to require registrants who sell burial rights, merchandise, or services to provide certain information and disclosures to customers and provide an approved written contract with specified provisions; to change provisions relating to certain penalties; to provide for the recovery of interest and attorney's fees in certain actions; to regulate

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preconstruction or predevelopment sale of burial rights; to provide for refunds in certain circumstances; to provide for preconstruction trust funds; to provide for completion of mausoleum sections or columbaria by the trustee in certain circumstances; to provide for an annual statement of trust funds' activity; to provide for minimum standards for interment; to amend Code Section 33-8-1 of the Official Code of Georgia, relating to fees and taxes paid to the Commissioner of Insurance, so as to delete a fee paid for certificate of authority to operate as a preneed funeral service company; to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to repeal provisions relating to contracts for preneed funeral services; to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to move provisions relating to cemeteries to Title 10; to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to change a cross-reference in compliance with other changes in this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by inserting a new chapter to be designated Chapter 14 to read as follows:
"CHAPTER 14
44-3-130 10-14-1.
This article shall be known as and may be cited as the 'Georgia Cemetery and Funeral Services Act of 1983 2000.'
10-14-2.
(a) The legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral services or burial services may suffer serious economic harm if purchase money is not set aside for future use as intended by the purchaser and that the failure to maintain cemetery grounds properly may cause significant emotional distress. Therefore, it is necessary in the interest of the public welfare to regulate preneed dealers, licensees, registrants, and cemetery companies in this state. However, restrictions shall be imposed only to the extent necessary to protect the public from significant or discernible harm or damage and not in a manner which will unreasonably affect the competitive market.
(b) Subject to certain interests of society, the legislature finds that every competent adult has the right to control the decisions relating to his or her own funeral arrangements. Accordingly, unless otherwise stated in this chapter, it is the legislature's express intent that nothing contained in this chapter should be construed or interpreted in any manner as to subject preneed contract purchasers to federal income taxation under the grantor trust rules contained in Sections 671 et seq. of the Internal Revenue Code of 1986, as amended.
(c) Nothing herein is intended to prohibit or restrict the sale or purchase of life insurance as a funding vehicle for preneed contracts under this chapter, nor to change the state of the law prior to July 1, 2000, with respect to prohibiting or restricting the sale or purchase of life insurance as a funding vehicle for preneed contracts under this chapter.
44-3-131 10-14-3.
As used in this article chapter, the term:
(1) 'Affiliate' means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person. Solely for purposes of this definition, the terms 'owns,' 'is owned,' and 'ownership' mean ownership of an equity interest, or the equivalent thereof, of 10 percent or more, and the term 'person' means an individual, partnership, committee, association, corporation, or any other organization or group of persons.

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(2) 'Board' means the State Board of Funeral Service as described and authorized in Chapter 18 of Title 43.
(1)(3) 'Burial merchandise,' 'funeral merchandise,' or 'merchandise' means any merchandise normally offered or sold by a cemetery company or preneed dealer personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains. This includes, but is not limited to, subterranean crypts, mausoleums, markers and monuments, whether bronze or otherwise, bronze plaques and vases, mausoleum spaces to be constructed, cemetery spaces to be developed, and vaults, and also includes foundations or footings of any type.
(2)(4) 'Burial right' means the right to use a grave space, mausoleum, or columbarium for the interment, entombment, or inurnment of human remains.
(3)(5) 'Burial service' or 'service' means any service other than a funeral service offered or provided by a cemetery company or preneed dealer by any person in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains as described in paragraph (1) of this Code section remains.
(6) 'Care and maintenance' means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments in a well cared for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community. As specified in the rules of the Secretary of State, care and maintenance may include, but is not limited to, any or all of the following activities: mowing the grass at reasonable intervals; raking and cleaning the grave spaces and adjacent areas; pruning of shrubs and trees; suppression of weeds and exotic flora; and maintenance, upkeep, and repair of drains, water lines, roads, buildings, and other improvements. Care and maintenance may include, but is not limited to, reasonable overhead expenses necessary for such purposes, including maintenance of machinery, tools, and equipment used for such purposes. Care and maintenance may also include repair or restoration of improvements necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. Care and maintenance does not include expenses for the construction and development of new grave spaces or interment structures to be sold to the public.
(7) 'Casket' means a container which is designed for the encasement and viewing of a dead human body.
(4)(8) 'Cemetery' or 'cemeteries' means any land or structure in this state a place dedicated to and used, or intended to be used, for permanent interment of human remains. It may be either a burial park for A cemetery may contain land or earth interments ,; or a mausoleum, for a vault, or crypt interments ,; a columbarium or other structure or place used or intended to be used for the inurnment of cremated human remains; or a or any combination of one or more of such structures or places thereof. Such terms term shall not include governmentally owned cemeteries, fraternal cemeteries, church and synagogue cemeteries, cemeteries owned and operated by churches, synagogues, or communities or family burial plots.
(5)(9) 'Cemetery company' means an individual, partnership, corporation, or association now or hereafter organized, owning or controlling any entity that owns or controls cemetery lands or property and conducting the business of a cemetery or making an application with the Secretary of State to own or control such lands or conduct such business .
(10) 'Columbarium' means a structure or building which is substantially exposed above the ground and which is intended to be used for the inurnment of cremated human remains.
(11) 'Common business enterprise' means a group of two or more business entities that share common ownership in excess of 50 percent.
(12) 'Cremation' includes any mechanical or thermal process whereby a deceased human being is reduced to ashes. Cremation also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity.
(6)(13) 'Crypt' means a chamber of sufficient size to inter the remains of a deceased person human being.

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(14) 'Entombment' mean the disposition of a dead human body in a mausoleum.
(15) 'Final disposition' means the final disposal of a deceased human being whether by interment, entombment, inurnment, burial at sea, cremation, or any other means and includes, but is not limited to, any other disposition of remains for which a segregated charge is imposed.
(16) 'Funeral director' means any person licensed in this state to practice funeral directing pursuant to the provisions of Chapter 18 of Title 43.
(17) 'Funeral service' means any service relating to the transportation, embalming, and interment of a deceased human being, as further described in paragraphs (10), (18), and (19) of Code Section 43-18-1.
(18) 'Grave space' or 'lot' means a space of ground in a cemetery intended to be used for the interment in the ground of human remains.
(7)(19) 'Human remains' means the bodies of deceased human beings and includes the bodies in any stage of decomposition and the cremated remains.
(8)(20) 'Interment' or 'entombment' means any lawful disposition of the remains of the deceased human being as provided by law the burial of human remains.
(9)-'Lot' or 'grave space' means a space of ground in a cemetery intended to be used for the interment in the ground of human remains.
(21) 'Inurnment' means the disposition of the cremated remains of a deceased human being in an urn or other container.
(10)(22) 'Mausoleum' means a structure or building which is substantially exposed above the ground and which is used, or intended to be used, for the interment entombment of human remains in crypts or niches.
(23) 'Mausoleum section' means any construction unit of a mausoleum which is acceptable to the Secretary of State and which a cemetery uses to initiate its mausoleum program or to add to its existing mausoleum structures.
(24) 'Monument' means any product used for identifying or permanently decorating a grave site, including, without limitation, monuments, markers, benches, and vases and any base or foundation on which they rest or are mounted.
(11)(25) 'Niche' means a space used, or intended to be used, for the interment of the cremated remains of one or more deceased human beings.
(12)(26) 'Nonperpetual care' means any cemetery which does not offer perpetual care as defined in this Code section.
(27) 'Outer burial container' or 'vault' means an enclosure into which a casket is placed and includes, but is not limited to, containers made of concrete, steel, fiberglass, copper or other metals, sectional concrete enclosures, crypts, and wooden enclosures.
(13)(28) 'Perpetual care' means the care and maintenance and the reasonable administration of the cemetery grounds and buildings in keeping with a properly maintained cemetery at the present time and in the future. In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for the purposes of this article.
(14)(29) 'Person' or 'entity' means an individual, a corporation, a limited liability company, a general or limited partnership, an association, a joint-stock company, a trust, or any type of incorporated or unincorporated organization.

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(30) 'Preneed contract' means any arrangement or method, of which the provider of burial or funeral merchandise or services has actual knowledge, whereby any person agrees to furnish burial or funeral merchandise or services in the future.
(15)(31) 'Preneed dealer' means every person, other than a salesperson registered under this article chapter, who engages, either for all or part of his or her time, directly or indirectly, as agent, broker, or principal in the retail business of offering, selling, or otherwise dealing in funeral services or burial services or funeral or burial merchandise, as defined in this article, which is not attached to realty or delivered to the purchaser at the time of sale but does not include any establishment offering and selling burial merchandise subject to the jurisdiction of the Commissioner of Insurance pursuant to Chapter 18 of Title 43.
(16)(32) 'Preneed interment service' or 'preneed service' means any service which is not performed at the time of sale and which is offered or provided by a cemetery or preneed dealer any person in connection with the interment of human remains, except those services offered regarding mausoleums and the normal and customary installation charges on burial or funeral merchandise.
(17)(33) 'Sale' or 'sell' means and shall include every contract of sale or disposition of cemetery property, burial right rights, burial lot grave spaces , burial services, funeral services, or burial or funeral merchandise for value. The term 'offer to sell,' 'offer for sale,' or 'offer' shall include any attempt or offer to dispose of, or solicitation of an offer to buy, cemetery property, burial lots grave spaces, burial rights, burial or funeral services, or burial or funeral merchandise for value. This definition shall not include wholesalers of burial or funeral merchandise.
(18)(34) 'Salesperson' or 'sales agent' means an individual employed or appointed or authorized by a cemetery, cemetery company, or preneed dealer to sell cemetery property, burial lots grave spaces , burial rights, burial or funeral merchandise, burial or funeral services, or any other right or thing of value in connection with the interment final disposition of human remains. The owner of a cemetery, the executive officers, and general partners of a cemetery company shall not be deemed to be salespersons within the meaning of this definition unless they are paid a commission for the sale of said property, lots, rights, burial or funeral merchandise, or burial or funeral services.
(19)(35) 'Secretary of State' means the Secretary of State of the State of Georgia.
(36) 'Solicitation' means any communication in the context of an offer or sale of grave spaces, burial or funeral merchandise, or burial or funeral services which directly or implicitly requests a response from the recipient.
(20)-'Subterranean crypts' means interment space in preplaced chambers, either side by side or multiple depth, covered by earth and sod. These are also known as westminsters or turf-top crypts.
(21)-'Wholesale cost' means the cost to the cemetery or preneed dealer of burial merchandise as of the date of the most recent preneed escrow account quarterly report filed pursuant to subsection (e) of Code Section 44-3-134.
44-3-134. 10-14-4.
(a)(1) It Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or to sell any cemetery burial rights, burial services, or burial merchandise to any purchaser in this state unless:
(1)-The related cemetery or preneed dealer is registered pursuant to this Code section; or
(2)-Such related cemetery or preneed dealer is exempt from the provisions of this article.
The owner of each cemetery and preneed dealer shall apply for and obtain a certificate or registration from the Secretary of State; and it shall be unlawful to sell any burial lots, rights, burial services, or burial merchandise without obtaining and maintaining a valid certificate mausoleum interment rights, columbarium inurnment rights, grave spaces, or other physical locations for the final disposition of human remains in this state unless such person is registered as or employed by and acting on behalf of and under the direction of a person registered as a cemetery owner pursuant to this Code section.

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(2) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or sell burial or funeral merchandise or burial services in this state unless such person is registered as or employed by and acting on behalf of and under the direction of a person registered as a cemetery owner under this Code section, a funeral director under Chapter 18 of Title 43, or a burial or funeral merchandise dealer under this Code section.
(3) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or to sell any preneed burial or funeral merchandise or preneed burial services in this state unless such person is registered as a preneed dealer or preneed sales agent pursuant to this Code section.
(4) It shall be unlawful for any person to offer for sale or to sell any funeral services in this state unless such person is licensed as a funeral director under the provisions of Chapter 18 of Title 43.
(b)(1) Every registration statement filed under this Code section shall be made in writing person desiring to be a registered cemetery owner shall file with the Secretary of State a separate registration application for each cemetery owned in a form prescribed by the Secretary of State, shall be executed and duly verified under oath by the applicant, shall be duly verified under oath, shall be filed in the office of the Secretary of State, and shall contain if the applicant is an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:
(A) The name, mailing address, and telephone number of the applicant, which for the purposes of this Code section shall be the legal owner of the land upon which the cemetery is located;
(B) The location, and, if different from the information submitted for subparagraph (A) of this paragraph, the mailing address, and telephone number of the applicant cemetery;
(C) The location of the all records of the applicant which relate to the cemetery;
(D) The owner of If the applicant, including the owner's name, address, telephone number, and date the present owner took control of the cemetery; if the owner is a corporation is not a natural person, the names of the president, secretary, and registered agent of the if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority if the applicant is some other entity and their respective addresses and telephone numbers; the owner of controlling interest and the percentage of his interest; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;
(E) A copy of the articles of incorporation, bylaws, cemetery rules and regulations, a certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation, and any amendments of the owner company to such documents or any substantially equivalent documents. Any such document once filed with the Secretary of State pursuant to this article chapter shall be deemed to be on file and incorporated into any subsequent renewal or filing of such cemetery registration; provided, however, that each applicant and registrant is under a continuing duty to update such filing and to notify the Secretary of State regarding any changes or amendments to the articles of incorporation, bylaws, cemetery rules and regulations, or substantially equivalent documents, and provided, further, that any applicant or registrant shall furnish to the Secretary of State additional copies of any such document upon request;
(F) A description of any judgment of o r pending litigation to which the applicant or the cemetery, its individual owner, corporate owner, or person who owns controlling interest of the owner any affiliate of the applicant is a party and which involves the operation of the cemetery or could materially affect its the business or assets of the applicant;
(G) Whether the owner of the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this article chapter and, if so, their the location, mailing address, telephone number, and type of registration of such other entities;

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(H) A consent to service of process meeting the requirements of Code Section 44-3-148 10-14-24 for actions brought by the State of Georgia;
(I) A list The name and business address of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any burial grave lots, burial rights, burial or funeral merchandise, or burial services on behalf of the cemetery applicant. Such list shall contain the information required by the provisions of Code Section 44-3132;
(J) A balance sheet of the applicant cemetery dated as of the end of the most recent fiscal year and in no event dated more than 15 months from prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection; and
(K) Such other reliable and other necessary information as the Secretary of State may require by rule or regulation promulgated pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Evidence satisfactory to the Secretary of State that the applicant owns for the cemetery unencumbered fee simple title to contiguous land in the minimum acreage required by this chapter or by rules issued by the Secretary of State in accordance with this chapter, properly zoned for use as a cemetery, and dedicated for such use, and a copy of a plat of survey thereto, provided that nothing herein shall prohibit the encumbrance of the undeveloped portion of cemetery property for the purpose of securing debt incurred for the purpose of developing or improving such property;
(L) Evidence satisfactory to the Secretary of State that the applicant has recorded, in the public land records of the county in which the land described in subparagraph (K) of this paragraph is located, a notice that contains the following language:
NOTICE
The property described herein shall not be sold, conveyed, leased, mortgaged, or encumbered except as provided by the prior written approval of the Secretary of State, as provided in the Georgia Cemetery and Funeral Services Act of 2000.
Such notice shall have been clearly printed in boldface type of not less than ten points and may be included on the face of the deed of conveyance to the applicant or may be contained in a separate recorded instrument that contains a legal description of the property.
(M) The name, address, location, and telephone number of the perpetual care trust account depository or depositories, the names of the accounts, and the account numbers;
(N) The name, address, and telephone number of each trustee;
(O) A copy of a perpetual care trust fund agreement executed by the applicant and accepted by the trustee, and evidence satisfactory to the Secretary of State of the deposit into such account of the amount of the initial required deposit, the trust agreement being conditioned only upon issuance of a certificate of registration;
(P) Such other information and documents as the Secretary of State may require by rule; and
(Q) A filing fee of $100.00.
(2)-A registration statement under this Code section shall become effective upon the issuing of a certificate of registration by the Secretary of State or at such earlier time as the Secretary of State determines.
(2) Every person desiring to be a registered preneed dealer shall file with the Secretary of State a registration application in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if the applicant is an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:

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(A) The name of the applicant;
(B) The location, mailing address, and telephone number of the applicant's principal business location in Georgia and the same information for other locations where business is conducted, together with any trade names associated with each location;
(C) All locations of the records of the applicant which relate to preneed sales in Georgia;
(D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority, if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;
(E) A certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation;
(F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the applicant's preneed business in Georgia or which could materially affect the business or assets of the applicant;
(G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities;
(H) A consent to service of process meeting the requirements of Code Section 10-14-24 for actions brought by the State of Georgia;
(I) A list of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any grave lots, burial rights, burial or funeral merchandise, or burial services on behalf of the applicant;
(J) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection;
(K) The name, address, location, and telephone number of the preneed escrow account depository or depositories, the names of the accounts, and the account numbers;
(L) An executed copy of the escrow agreement required by Code Section 10-14-7;
(M) The name, address, and telephone number of the escrow agent;
(N) Such other information and documents as the Secretary of State may require by rule; and
(O) A filing fee of $250.00.
(3) Every person desiring to be a registered burial or funeral merchandise dealer shall file with the Secretary of State a registration application in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:
(A) The name of the applicant;
(B) The location, mailing address, and telephone number of the applicant's principal business location in Georgia and the same information for other locations where business is conducted, together with any trade names associated with each location;

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(C) All locations of the records of the applicant which relate to funeral or burial merchandise sales in Georgia;
(D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;
(E) A certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation;
(F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the applicant's funeral or burial merchandise business in Georgia or which could materially affect the business or assets of the applicant;
(G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities;
(H) A consent to service of process meeting the requirements of Code Section 10-14-24 for actions brought by the State of Georgia;
(I) The name and business address of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any burial or funeral merchandise on behalf of the applicant;
(J) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection;
(K) Such other information and documents as the Secretary of State may require by rule;
(L) A filing fee of $100.00; and
(M) A bond, if required by the rules and regulations of the Secretary of State.
(c) The Secretary of State may approve an application only after he or she has conducted an investigation of the applicant and determined that such applicant is qualified by character, experience, and financial responsibility to conduct the business for which the applicant is seeking registration in a legal and proper manner. A registration application filed under this Code section shall become effective upon the issuing of a certificate of registration by the Secretary of State or at such earlier time as the Secretary of State determines.
(5)(d) Every registration under this subsection shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submission of a renewal application containing the information required in an application for initial registration to the extent that such information had not been included in an application or renewal application previously filed together with a sworn statement that all information not provided remains accurate. The filing fee for renewal of registration shall be one-half the filing fee for such application $50.00 for each cemetery of cemetery owners, $100.00 for preneed dealers, and $50.00 for burial or funeral merchandise dealers.
(e) The Secretary of State, by rule, may provide for exceptions from registration for cemeteries when the Secretary of State determines that the public interest does not require registration, provided that such cemeteries are in existence on or before July 1, 2000, consist of less than 25 acres, and are operated by nonprofit entities.
(f) Notwithstanding any provision to the contrary contained in this Code section, the following shall be exempt from registration as a burial or funeral merchandise dealer:

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(1) Any registered cemetery owner;
(2) The owner of any cemetery exempt from registration with respect to sales of burial or funeral merchandise sold for use at such cemetery;
(3) Any licensed funeral director;
(4) Any person providing interment and disinterment services exclusively at cemeteries exempt from registration;
(5) Any monument manufacturer or dealer which does not install monuments in cemeteries required to be registered by this Code section;
(6) Any person who does not offer for sale or sell burial or funeral services or merchandise to the general public; and
(7) Any registered preneed dealer.
In addition, the Secretary of State, by rule, may provide for other exceptions from registration.
(d)(g)(1) In the event that a Any cemetery in operation on August 1, 1986 which offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for purposes of this article chapter. No cemetery formed or created on or after July 1, 2000, may fail to offer perpetual care for any part of such cemetery.
(2) Any nonperpetual care cemetery which was registered with the Secretary of State prior to August 1, 1986, may continue to be operated as such after that date and a renewal of such registration shall not be required.
(3) Any nonperpetual care cemetery which is shown to be of historical significance and is operated solely for historical nonprofit purposes shall be exempt from registration.
(4) Except as specifically authorized under paragraphs (2) and (3) of this subsection, from and after August 1, 1986, it shall be unlawful for any person to operate or establish a nonperpetual care cemetery.
10-14-5.
(a) All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of any entity required to be registered as a preneed dealer, and all individuals who offer, sell, or sign contracts for the preneed sale of burial rights shall be registered with the Secretary of State as preneed sales agents, pursuant to this Code section, unless such individuals are exempted under this chapter or individually own a controlling interest in a preneed dealer registered under this chapter.
(b) All preneed sales agents must be employed by a registered preneed dealer.
(c) A preneed dealer shall be liable for the activities of all preneed sales agents who are employed by the preneed dealer or who perform any type of preneed related activity on behalf of the preneed dealer. If a preneed sales agent violates any provision of this chapter, such preneed sales agent and each preneed dealer who employs such preneed sales agent shall be subject to the penalties and remedies set out in Code Sections 10-14-11, 10-14-19, 10-14-20, and 10-14-21.
(d) A preneed sales agent may be authorized to sell, offer, and execute preneed contracts on behalf of all entities owned or operated by the agent's sponsoring preneed dealer.
(e) If the application for his or her registration is sent by certified mail, return receipt requested, an individual may begin functioning as a preneed sales agent as soon as a completed application for registration, as set forth in subsection (g) of this Code section, is mailed to the Secretary of State, provided that, if any such sales agent fails to meet the qualifications set forth in this chapter, the preneed dealer shall immediately upon notification by the Secretary of State cause such agent to cease any sales activity on its behalf.

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(f) The qualifications for a preneed sales agent are as follows:
(1) The applicant must be at least 18 years of age;
(2) The applicant must not be subject to any order of the Secretary of State that restricts his or her ability to be registered as a preneed sales agent; and
(3) The applicant must not have been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, have been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or have been convicted of a felony.
(g) An application for registration as a preneed sales agent shall be submitted to the Secretary of State with an application fee of $100.00 by the preneed dealer on a form that has been designated by the Secretary of State and shall contain, at a minimum, the following:
(1) The name, address, social security number, and date of birth of the applicant and such other information as the Secretary of State may reasonably require of the applicant;
(2) The name, address, and license number of the sponsoring preneed dealer;
(3) A representation, signed by the applicant, that the applicant meets the requirements set forth in subsection (f) of this Code section;
(4) A representation, signed by the preneed dealer, that the applicant is authorized to offer, sell, and sign preneed contracts on behalf of the preneed dealer and that the preneed dealer has informed the applicant of the requirements and prohibitions of this chapter relating to preneed sales, the provisions of the preneed dealer's preneed contract, and the nature of the merchandise, services, or burial rights sold by the preneed dealer;
(5) A statement indicating whether the applicant has any type of working relationship with any other preneed dealer or insurance company; and
(6) A signed agreement by the applicant consenting to an investigation of his or her background with regard to the matters set forth in this Code section, including, without limitation, his or her criminal history.
(h) An individual may be registered as a preneed sales agent on behalf of more than one preneed dealer, provided that the individual has received the written consent of all such preneed dealers.
(i) A preneed dealer who has registered a preneed sales agent shall notify the Secretary of State within three business days of a change in such individual's status as a preneed sales agent with such preneed dealer or upon the occurrence of any other event which would disqualify the individual as a preneed sales agent.
(j) Upon receipt and review of an application that complies with all of the requirements of this Code section, the Secretary of State shall register the applicant. The department shall by rule provide for annual renewal of registration and a renewal fee of $50.00.
44-3-132.
(k) Each cemetery registered under this chapter shall maintain in its files for a period of five years a properly completed and executed application for employment in a form prescribed by the Secretary of State for each employee, officer, or independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions. If a request is made, said forms shall be made available for inspection by authorized representatives of the Secretary of State.
10-14-6.

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(c)(1)-In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for purposes of this article.
(2)(a)(1) Each cemetery or cemetery company required to be registered by this chapter which holds out to the public or advertises or contracts perpetual care in connection with the sale or lease of cemetery lots, grave spaces, niches, or crypts shall establish and maintain an irrevocable trust fund for each cemetery owned.
(A)(2) For trust funds established on or after July 1, 2000, the The initial deposit to said irrevocable trust fund shall be the sum of $10,000.00 and the deposit of said sum shall be made before selling or contracting to sell any cemetery property or burial right. No such initial deposit shall be required with respect to any cemetery for which there is an existing perpetual care account on July 1, 2000. The trust fund shall apply only to sales or contracts for sale of lots, grave spaces, niches, mausoleums, columbaria, urns, or crypts in which perpetual care has been promised or guaranteed.
(B)(3) The initial corpus of the trust fund and all subsequent required deposits shall be deposited in a bank, savings and loan institution, trust company, state bank, state savings and loan institution, savings bank, national bank, federal savings and loan institution, state chartered credit union, or federally chartered credit union, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or other depository or trustee which is approved by the Secretary of State or which meets the standards contained in the rules and regulations promulgated by the Secretary of State.
(4) Each perpetual care trust fund established on or after July 1, 2000, shall be named 'The ___________ Cemetery ____________ Perpetual Care Trust Fund' with the first blank being filled by the name of the cemetery and the second blank being filled by the month and year of the establishment of such trust fund. If a cemetery has a perpetual care trust fund existing on July 1, 2000, and the perpetual care trust fund agreement permits, the cemetery may make additional deposits to such a trust fund on the condition that the entire corpus of the trust fund, any income earned by the trust fund, and any subsequent deposits to the trust fund are thereafter governed by the provisions of this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, except for the amount of the initial deposit to the trust fund. If a cemetery owner or company elects to establish a new perpetual care trust fund subject to the provisions of this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, any perpetual care trust fund which existed on July 1, 2000, is subject to the provisions of law in effect on the date of its establishment, and deposits for sales transacted on or after July 1, 2000, shall be deposited in the trust fund established on or after July 1, 2000. If a cemetery existing on July 1, 2000, has an existing perpetual care trust fund which complies with provisions of law in effect on the date of its establishment, a new trust fund created in compliance with this chapter shall not require an initial deposit.
(C)(b) Whenever any burial right, cemetery lot, grave space, niche, mausoleum, columbarium, urn, or crypt wherein perpetual care or endowment care is promised or contracted for or guaranteed is sold by any cemetery, the cemetery shall make deposits to the trust fund that equal the sum of $10.00 per burial space or 10 15 percent of the sales price of the burial right, whichever is greater, or 5 7.5 percent of the total sales price of any mausoleums, niches, columbaria, urns, or crypts, provided that the minimum deposit for each burial right shall be $50.00; provided, further, that on July 1, 2003, and every three years thereafter, the amount of said minimum deposit shall be adjusted by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. The Secretary of State shall adopt such adjustment to the amount of said minimum deposit by rule. Deposits to the trust fund shall be made after receipt of final payment and prior to the time the next quarterly report is required to be filed with the Secretary of State, not later than 30 days following the last day of the month in which payment therefor is made, or, in the case of a free space, the month in which the space is given. In the event any sale is made on an installment basis, not less than a pro rata share of the principal portion of each payment made and allocated to the lot, grave, space, niche, mausoleum, columbarium, urn, or crypt shall be allocated to the required trust fund deposit, provided that all deposits to the trust fund shall be completed within six years from the date of the signing of the perpetual care contract. The manner of any such allocation shall be clearly reflected on the books of the registrant.

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(D)(c) The initial $10,000.00 corpus of the perpetual care trust fund shall not be counted as part of the required periodic deposits and shall be considered to be corpus or principal.
(E)(d) The income from the trust fund shall be paid to the owner of the cemetery for his own use and benefit until such income so paid has reached the total of $10,000.00. Thereafter, the The income earned by the trust fund shall be paid to the cemetery and used retained by the trust fund. At such time as either:
(1) The cemetery owner is not licensed and has not been licensed for 90 or more consecutive days to sell burial rights;
(2) The cemetery is under the management of a receiver; or
(3) Less than 50 percent of available lots are unsold, 95 percent of the income from the trust fund shall be paid to the owner or receiver exclusively for covering the costs of care and maintenance of the perpetual care cemetery, or the sections of the cemetery which have been designated as perpetual care sections, including reasonable administrative expenses incurred in connection therewith. The income of the trust fund shall be paid to the cemetery owner or receiver at intervals agreed upon by the cemetery recipient and the trustee, but in no case shall the income be paid more often than monthly.
(F)(e) There shall be no withdrawals from the trust fund except pursuant to the provisions of this article chapter or by court order.
(G)(i)(f)(1) The assets of said a trust fund shall be invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees regarding the making and depositing of investments with trust moneys pursuant to Code Sections 53-8-1 through 53-8-4 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-8-1 and Code Section 53-12-287 of the 'Revised Probate Code of 1998.' Subject to said terms, conditions, limitations, and restrictions, the trustee of the perpetual care trust fund shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the assets of said fund are invested, including proceeds of investments.
(ii)(2) Any state bank, national bank, trust company, or other financial institution authorized to act in a fiduciary capacity in this state, which presently or in the future serves as a fiduciary or cofiduciary of the trust fund of a perpetual care cemetery, may invest part or all of such trust fund held by it for investment in interests or participation in one or more common trust funds established by that state bank, national bank, trust company, or other financial institution for collective investment, if such investment is not expressly prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship and if, in the case of cofiduciaries the trust institution procures the consent of its cofiduciary or cofiduciaries to such investment, and notwithstanding the fact that such common trust funds are not invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees in the making and disposing of their investments.
(3) Notwithstanding any other provision of this subsection, the Secretary of State shall establish rules and regulations for investments of a trust fund established on or after July 1, 2000, or otherwise governed by this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, as necessary to preserve the corpus and income of such a fund and for determining what restrictions are necessary for such purpose.
(4) At any time, in the event that the perpetual care trust fund contains an amount less than the amount required by this Code section, the cemetery owner shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the perpetual care trust fund an amount equal to such shortfall. In the event that the Secretary of State and the cemetery owner disagree regarding the amount of such shortfall, no penalty shall be imposed upon the cemetery owner for any failure to comply with this paragraph unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23.
(H)(g) Moneys of the perpetual care trust fund shall not be invested in or loaned to any business venture controlled by, or in an affiliate of, the cemetery individual owner, corporate owner, or a person who owns a controlling interest

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of the corporate owner of a cemetery owner that is not a natural person, or an affiliate of any of these persons or entities .
(I)(h) The trustee shall furnish yearly to the Secretary of State a financial report in a form designated by the Secretary of State with respect to the perpetual care trust fund.
(3)-Any cemetery which has established an irrevocable trust fund prior to July 1, 1983, and said trust fund meets the minimum criteria established by an Act providing for the registration and regulation of cemeteries, approved April 4, 1969 (Ga. L. 1969, p. 242), shall not be required to establish a new trust fund; provided, further, that any such cemetery which has sold all of its lots, grave spaces, niches, or crypts and is unable to make any future sales shall not be required to establish a trust fund as provided in this subsection.
(i) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the trust account as required by this chapter or of fraud, theft, or misconduct by the owners of the cemetery or the officers or directors of a cemetery company which has wasted or depleted such funds, the cemetery owners or the officers or directors of a cemetery company may be held jointly and severally liable for any deficiencies in the trust account as required in this chapter.
(4)-Perpetual care cemeteries shall be registered with the Secretary of State according to the provisions of subsection (b) of this Code section. In addition to the requirements of subsection (b) of this Code section, the applicant shall also include the following:
(A)-A filing fee of $100.00;
(B)-The name, address, and telephone number of each trustee;
(C)-A copy of a perpetual care trust fund agreement executed by the applicant and accepted by the trustee calling for an initial deposit of $10,000.00 and a copy of a bank cashier's check or certified check attached for such amount and payable to such trustee, the trust agreement being conditioned only upon issuance of a certificate of registration; and
(D)-A consent to service executed by the trustee pursuant to Code Section 44-3-148.
10-14-7.
(e)(1)(a)(1) Each preneed dealer, as defined in this article, which sells burial merchandise as defined or funeral merchandise on a preneed basis or preneed interment burial or funeral services shall establish and maintain a preneed escrow account.
(A)-The amount to be deposited to said escrow account shall be 35 percent of the sales price of such burial merchandise (2) With respect to funeral merchandise, the amount to be deposited to said escrow account shall be not less than 100 percent of the sales price of such merchandise; in no event shall the amount deposited be less than 110 percent of the wholesale price of such merchandise. If the contract of sale shall include cemetery grave spaces or items not deemed to be burial or funeral merchandise, the portion of the sales price attributable to the sale of the contemplated burial or funeral merchandise shall be determined, and it shall only be as to such portion of the total contract as constitutes burial or funeral merchandise that the deposit of 35 percent of the sales price described in this paragraph shall be required. In the event that the sale of burial or funeral merchandise is on under an installment contract, the contemplated required trust deposit shall be a pro rata part from of the principal portion of each installment payment, such deposit only being required pro rata as payments are made by the purchaser for such burial or funeral merchandise. In the event the installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to 35 percent of the undeposited portion of the required deposit of the sales price of such burial or funeral merchandise at such time as if the contract were paid in full.
(B)(3) In the event that With respect to cash advance items and the sale of preneed funeral interment or entombment or burial services are sold, the amount to be deposited to said escrow account shall be 100 percent of the sales price of such funeral or burial services or the full amount of a cash advance item. The time and manner of deposit shall be the same as that specified for deposit of burial or funeral merchandise sale funds to the escrow account.

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(C)(b) The deposit specified in subparagraph (A) of paragraph (1) paragraphs (2) and (3) of this subsection (a) of this Code section shall be made prior to the date of the next required filing of the quarterly report with the Secretary of State not later than 30 days following the last day of the month in which any payment is received.
(D)(c) The preneed escrow account shall be established and maintained in a state bank, state savings and loan institution, savings bank, trust company, national bank, federal savings and loan association, state chartered credit union, or federally chartered credit union, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or other organization approved by the Secretary of State which is located and doing business in this state.
(E)(i)(d)(1) Funds may be released from the escrow account when the burial or funeral merchandise is delivered at the time of need or to the purchaser at the purchaser's request or, in the case of a monument, attached to realty, each phase of mausoleum construction is completed or the cemetery spaces are developed, or when the preneed dealer shall have paid the wholesale price of the burial merchandise to a manufacturer approved by the Secretary of State and when the manufacturer shall have certified to the purchaser that such payment has been made and that such burial merchandise will be delivered upon request of the purchaser, or at such times as described in the rules and regulations promulgated by the Secretary of State. A preneed dealer is prohibited from requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need. Deposits made from funds received in payment of preneed services shall remain in the escrow account until such services are performed, at which time said funds shall may be released to the cemetery preneed dealer upon certification of performance. The trustee may require certification by the preneed dealer of delivery of merchandise or performance of services before release of funds.
(ii)(2) The funds on deposit under the terms of this subsection shall be deemed and regarded as escrow funds pending delivery of the burial or funeral merchandise concerned and said funds may not be pledged, hypothecated, transferred, or in any manner encumbered by the escrow agent nor may said funds be offset or taken for the debts of the cemetery preneed dealer until such time as the merchandise has been delivered or the services performed the phase of mausoleum construction completed or the cemetery spaces developed; but after delivery of the burial or funeral merchandise concerned, upon completion of each phase of construction of mausoleum crypts, or the performance of preneed interment services, the registrant shall be authorized to withdraw or offset proportionately such funds and treat the same as money belonging to him; provided, however, that until delivery of burial merchandise is complete, construction is completed, or services are performed, the preneed dealer shall at no time withdraw funds in excess of the actual cost incurred in such delivery, construction, or performance.
(2)-Preneed dealers shall be registered with the Secretary of State according to the provisions of subsection (b) of this Code section. In addition to the requirements of subsection (b) of this Code section, the applicant shall also include the following:
(A)-A filing fee of $1,000.00;
(B)-The name, address, location, and telephone number of the preneed burial escrow account depository, the name of the account, the account number, and a financial report regarding said account;
(C)-An executed copy of the escrow agreement setting forth the method used for computing the preneed escrow deposit requirements. This agreement shall not be changed or amended without the prior written approval of the Secretary of State; and
(D)-The name, address, and telephone number of the escrow agent.
(3)-Every registration under this subsection shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submission of a renewal application containing the information required in an application for initial registration to the extent that such information had not been included in an application or renewal application previously filed. The filing fee for renewal of registration shall be $200.00.

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(e) At any time, in the event that the preneed escrow account contains an amount less than the amount required by this Code section, the preneed dealer shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the preneed account an amount equal to such shortfall. In the event that the Secretary of State and the preneed dealer disagree regarding the amount of such shortfall, no penalty shall be imposed upon the preneed dealer for any failure to comply with this provision unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23.
(f) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the preneed escrow account as required by this chapter or of fraud, theft, or other misconduct by the preneed dealer or the officers or directors of the preneed dealer which has wasted or depleted such funds, the preneed dealer or the officers or directors of the preneed dealer may be held jointly and severally liable for any deficiencies in the preneed escrow account.
44-3-133. 10-14-8.
(a) The Secretary of State, by order, may prohibit a person who is an employee, officer, o r independent contractor, or other agent directly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions the sale of burial rights, burial or funeral merchandise, or burial or funeral services from employment or other association with a cemetery or preneed dealer registered registrant under this chapter if the Secretary of State finds that such is in the public interest and that said person:
(1) Has willfully made or caused to be made, in any documents filed with the Secretary of State under this article chapter, or in any hearings conducted by the Secretary of State, any statement which, at the time and in the light of the circumstances under which it was made, was false or misleading with respect to any material fact, or has willfully omitted to state in any application any material fact which is required to be stated therein or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading;
(2) Has willfully violated or willfully failed to comply with any provision of this article chapter or a predecessor law or any regulation or order promulgated or issued under this article chapter or any predecessor law;
(3) Has been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves moral turpitude or which involves any aspect of the funeral or cemetery business, or has been convicted of a felony;
(4) Has engaged in any unethical or dishonest practices in the funeral or cemetery business; or
(5) Is permanently or temporarily enjoined, suspended, or barred by any court of competent jurisdiction by any state or other jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the funeral or cemetery business.
(b) Where the Secretary of State finds that there are grounds for the prohibition from employment provided in this Code section, he or she may issue an order prohibiting an employee, officer, or independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions from employment with a registered cemetery or preneed dealer. Such an order shall not be effective until notice and opportunity for hearing are provided in accordance with Code Section 44-3-147 10-1423 and until the Secretary of State shall issue a written order in accordance with Code Section 10-14-23 44-3-147 if such person requests a hearing under Code Section 44-3-147; but the Secretary of State may, if he or she finds that the public safety or welfare requires emergency action, immediately issue an order prohibiting such person from such employment. Such an order of immediate prohibition will expire automatically if the Secretary of State fails to afford notice and opportunity for hearing pursuant to Code Section 44-3-147 10-14-23.
44-3-135. 10-14-9.
(a)-Every person registering pursuant to Code Section 44-3-134 shall pay a filing fee as mandated by subsection (c), (d), or (e) of Code Section 44-3-134. Such initial filing fees and respective renewal fees shall be cumulative. For

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the purposes of this Code section, cumulative filing fees shall mean that a person who registers under subsection (c) or (d) of Code Section 44-3-134, who also sells burial merchandise or burial services under subsection (e) of Code Section 44-3-134, shall pay a filing fee that is equal to the sum of the filing fee required under subsection (c) or (d) of Code Section 44-3-134 and the filing fee required by subsection (e) of Code Section 44-3-134.
(b)-Any document filed under this article or a predecessor law may be incorporated by reference as an exhibit to any registration statement filed under Code Section 44-3-134 to the extent that the document is currently accurate; provided, however, that each registrant is under a continuing duty to update such filing and to notify the Secretary of State regarding any changes or amendments to such documents on file.
(c)(a) A registration statement application may be amended by filing with the Secretary of State an amended application signed by the persons required to sign the original registration application under Code Section 44-3-134 10-14-4 or 10-14-5. Any such amendment shall become effective when the Secretary of State so orders.
(d)(b) Every applicant registered pursuant to Code Section 44-3-134 10-14-4 or 10-14-5 shall agree to deliver in Georgia, on demand of the Secretary of State, all records and documents concerning funds, accounts, transactions, and activities of said applicant or said applicant shall agree to pay the expenses incurred in sending an auditor approved by the Secretary of State to wherever such records and documents are located for the purpose of conducting an audit pursuant to the provisions of this article chapter.
(e)(c) When any cemetery or preneed dealer registered under Code Section 44-3-134 10-14-4 is sold or the ownership is otherwise transferred, or a controlling interest is sold or transferred, the vendor or the transferor of such cemetery, preneed dealer, or interest shall remain liable for any funds that should have been deposited prior to the date of such sale or transfer in the perpetual care trust fund or the preneed escrow account, or both.
(1) Prior to such sale or transfer, the vendor or transferor shall notify the Secretary of State of the proposed transfer and submit to the Secretary of State any document or record the Secretary of State may require in order to demonstrate that said vendor or transferor is not indebted to the perpetual care trust fund or the preneed escrow account, or both. After the transfer of ownership or control and the presentation of proof of currency of the perpetual care trust fund or the preneed escrow account, or both, by the vendor or transferor, the Secretary of State may require the presentation of proof of the continued current status of the perpetual care trust fund or the preneed escrow account, or both, by the vendee or transferee. The Secretary of State is authorized to recover from such vendor, transferor, vendee, or transferee, for the benefit of the perpetual care trust fund or the preneed escrow account, or both, all sums which the vendor, transferor, vendee, or transferee has not properly accounted for and paid into the trust fund.
(2) When the vendee or transferee has complied with the provisions of this subsection, he or she shall submit to the Secretary of State an application for registration and appropriate fees pursuant to Code Section 44-3-134 10-14-4. The Secretary of State shall then issue a certificate of registration to said vendee or transferee.
(3)-A fee of $500.00 shall be paid to the Secretary of State by the vendor or transferor upon written notification to the Secretary of State of the proposed transfer. Said fee shall be in addition to any fee imposed pursuant to subsection (f) of Code Section 44-3-140.
10-14-10.
(f)(1)(a) Except as otherwise provided in paragraph (2) of this subsection subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after August 1, 1986, July 1, 2000, shall consist of not less than 25 ten acres of land.
(2)(b) The following cemeteries shall not be subject to the requirement of paragraph (1) of this subsection (a) of this Code section:
(A)(1) All cemeteries registered according to this chapter article prior to August 1, 1986; or

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(B)-Cemeteries (2) Cemeteries initially registered on or after August 1, 1986, but before July 1, 2000, which shall consist of not less than 25 acres of land, except for cemeteries subject to a provision of previous law, which allowed cemeteries consisting of not less than ten acres of land dedicated solely for burial purposes and located in counties having a population of less than 10,000 according to the United States decennial census of 1990 or any future such census.
(c) The Secretary of State may provide by rule or regulation for a smaller minimum size for a cemetery which consists solely of one or more columbaria.
44-3-136. 10-14-11.
(a) The Secretary of State may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration and shall give notice of such issuance pursuant to Code Section 44-3-147 10-14-23 if he or she finds that the order is in the public interest and that:
(1) The registration statement as of its effective date, or as of any earlier date in the case of an order denying effectiveness, contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading;
(2) The applicant has failed to file financial reports required by Code Section 44-3-134 subsection (h) of Code Section 10-14-12;
(3) The applicant has failed to pay the filing fees required by Code Section 44-3-134 10-4-4;
(4) The person or entity registered or sought to be registered or the individual owner, corporate owner, or person who owns a controlling interest of the corporate owner has been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or has been convicted of a felony; or
(5) The trustee for the perpetual care trust fund or the escrow agent for the preneed escrow account has failed to file financial reports required by subsection (h) of Code Section 10-14-6 or subsection (g) of Code Section 10-14-29;
(6) The person or entity registered or seeking to be registered has become insolvent or has filed a voluntary petition for protection from creditors; or
(5)(7) Any provision of this article chapter or any rule, order, or condition lawfully imposed under this article chapter has been willfully violated by:
(A) The person filing the registration statement application;
(B) The registrant's individual owner, corporate owner, or person who owns a controlling interest of the corporate owner; or
(C) The trustee or escrow agent of a trust fund or escrow account established and maintained pursuant to the provisions of this article chapter.
(b) The Secretary of State may deny registration or refuse to grant renewal of registration if he or she finds that such refusal or denial is in the public interest and that:
(1) The registration statement application does not contain a current list of cemetery sales persons preneed sales agents and accompanying information as required by Code Section 44-3-132 10-14-4;
(2) The applicant has not paid filing fees or renewal fees as required by Code Section 44-3-134 10-14-4; or

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(3) The applicant has not filed the financial reports required by Code Section 44-3-134 10-14-4 or subsection (h) of Code Section 10-14-12.
(c) In addition to the actions authorized in subsections (a) and (b) of this Code section, the Secretary of State shall be authorized to impose a penalty fee of $25.00 per month or fraction of a month not to exceed $500.00 for the late filing of an application for a renewal registration statement or late filing of financial reports required by this article chapter, or both. However, the penalty fee or fees imposed for the late filing of an application for renewal of registration statements or financial reports may be waived by the Secretary of State upon just cause being shown by the party against whom the fee is imposed upon a showing to the Secretary of the State that such late filing was due to circumstances beyond the control of the applicant or registrant despite the exercise by the applicant or registrant of due diligence in the timely filing of the application or report.
(d) The Secretary of State may by order summarily postpone or suspend the effectiveness of the registration statement or refuse to register any applicant pending final determination of any proceeding under this Code section. Upon the entry of the order, the Secretary of State shall promptly notify the applicant or registrant of the order and the reasons therefor for the order and that, within 15 days after the receipt of a written request, the matter will be heard. If no hearing is requested and none is ordered by the Secretary of State, the order will remain in effect until it is modified or vacated by the Secretary of State. If a hearing is requested or ordered, the Secretary of State, after notice of an opportunity for hearing to the persons affected, may modify or vacate the order or extend it until final determination.
(e) The Secretary of State may vacate or modify a stop order if he or she finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so.
(f) No stop order issued under any part of this Code section, except the first sentence of subsection (d) of this Code section, shall become effective until and unless the Secretary of State has complied with the provisions of Code Section 44-3-147 10-14-23.
44-3-137. 10-14-12.
(a) Each registrant under paragraph (1) or (2) of subsection (c) or (e) (b), or both, of Code Section 44-3-134 10-14-4 shall establish and maintain a separate and distinct account for the perpetual care trust fund for each cemetery and for the preneed escrow account. There shall be no commingling, codeposits, or transfers of funds between the accounts, except pursuant to court order and with the knowledge and consent of the Secretary of State.
(b) Each registrant shall keep and maintain separate books, records, accounts, and documents regarding the transaction of its business. The books, records, accounts, and documents related to the keeping of funds pursuant to the provisions of this article chapter and the rules and regulations promulgated under this article chapter shall be kept and maintained by the registrant separately from the other books, records, accounts, and documents related to the transaction of business.
(c) A cemetery owner or an officer or director of a cemetery company may be a trustee of the perpetual care trust fund of a cemetery which the individual or cemetery company owns upon approval of the Secretary of State. Said trustee shall be required to be bonded and to file such bond with the Secretary of State; however, the Secretary of State shall have the authority to waive said bond upon a showing of financial stability and assets.
(d) The Secretary of State shall have the authority to prescribe or approve the form of the perpetual care trust agreement and shall have the authority to approve or disapprove any amendments to said trust agreement as of July 1, 1983.
(e) The Secretary of State shall have the authority to prescribe or approve the form of the preneed escrow account agreement and shall have the authority to approve or disapprove any amendments to said escrow account agreement as of July 1, 1983.
(f) A trustee or escrow agent of a registrant may be removed pursuant to the provisions of Code Section 44-3-143 10-14-19 or by other means provided by the laws of this state.

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(g)-A cemetery company or preneed dealer may use a sales contract containing an allocation of proceeds section, provided full disclosure of the allocation of proceeds is explained to the purchaser. The perpetual care obligations imposed by this article must be deposited when any of the following events occur but not later than the time required by subsection (c) of Code Section 44-3-134:
(1)-The allocation of proceeds applies the funds to the perpetual care trust; or
(2)-When sufficient funds have been applied to the price of the contract according to allocation of proceeds provision to indicate full payment of the lot, grave space, niche, burial right, or crypt.
(h)-A preneed dealer must notify the Secretary of State whether the wholesale cost method or the 35 percent of the sales price method will be used for computing preneed escrow account deposits. The method of computing said deposits shall be the same for determining the amount of all escrow account deposits and the method shall not be changed except upon the written approval of the Secretary of State.
(i)-In lieu of the preneed deposits specified in subparagraph (e)(1)(A) of Code Section 44-3-134, a preneed dealer may post such proof of financial responsibility as the Secretary of State shall, by rule and regulation, require for the protection of persons purchasing burial merchandise.
(j)(g) Each perpetual care cemetery and preneed dealer shall file a report concerning the perpetual care trust and the preneed escrow account at least quarterly annually with the Secretary of State, provided that, after notice and a hearing, the Secretary of State may order more frequent reports in the event any such report is not filed in a timely manner or if the report filed contains errors and deficiencies. The report shall be on a form approved prescribed by the Secretary of State.
44-3-138. 10-14-13.
For the purposes of venue for any civil or criminal action under this article chapter, any violation of this article chapter or of any rule, regulation, or order promulgated under this article chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated the article this chapter, in the county of any violator's principal place of business in this state, in the county of the cemetery's or preneed dealer's or burial or funeral merchandise dealer's location or residence in this state, and in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, or other material or objects which were used in furtherance of said violation.
44-3-139. 10-14-14.
(a) The administration of the provisions of this article chapter shall be vested in the Secretary of State, who may delegate such of his or her powers and duties under this article chapter to a division director subordinate of his the office as he or she shall deem appropriate.
(b) The Secretary of State shall keep a record of all proceedings related to his or her duties under this article chapter and shall keep a register keep records in which shall be entered the names of all cemeteries, preneed dealers, preneed sales agents, and burial or funeral merchandise dealers to whom certificates of registration are issued, which register records shall be open at all times for public inspection.
(c) The Secretary of State shall have the authority to administer oaths in, and to prescribe forms for, all matters arising under this article chapter.
(d) The Secretary of State shall have authority to employ examiners, clerks and stenographers, and other employees as the administration of this law may require. The Secretary of State shall also have authority to appoint and employ investigators who shall have, in any case that in which there is a reason to believe a violation of this article chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants.

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(e) The Secretary of State shall have the power to make such rules and regulations from time to time as he or she may deem necessary and proper for the enforcement of this article chapter including, without limitation, rules regarding the solicitation of burial or funeral rights, merchandise, or services. The Secretary of State shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, vexatious, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person's ignorance or emotional vulnerability. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50.
44-3-140. 10-14-15.
(a) The Secretary of State, at his or her discretion:
(1) May make such public or private investigations or examinations inside or outside this state as he or she deems necessary to determine whether any person has violated or is about to violate any provision of this article chapter or any rule, regulation, or order under this article chapter or to aid in the enforcement of this article chapter or in the prescribing of rules and regulations under this article chapter; and
(2) May require or permit any person to file a statement in writing, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning the matter to be investigated.
(b) For the purpose of conducting any investigation as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and, for such purposes, the Secretary of State is authorized to issue a subpoena for any witness or a subpoena for the production of documentary evidence to compel the production of any books, records, or papers. Said subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(c) In case of refusal to obey a subpoena issued under any Code section of this article chapter to any person, a superior court of appropriate jurisdiction, upon application by the Secretary of State, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.
(d) The Secretary of State is authorized to hold investigative hearings with respect to any matter under this article chapter. A hearing as provided for in this Code section may be conducted by any person designated by the Secretary of State for that purpose. A transcript of the testimony and evidence resulting from such hearing may, but need not, be transcribed by the Secretary of State. A report of the investigative hearing shall be included in the investigative report prepared for the Secretary of State. Any recommendations of the designated representative of the Secretary of State shall be advisory only and shall not have the effect of an order of the Secretary of State.
(e) The Secretary of State shall have the authority to audit inspect and review or cause to be audited reviewed the books of each registrant under this chapter that has established and maintained a perpetual care trust fund or a preneed escrow account pursuant to this article. Said audit inspection or review may be conducted by the Secretary of State as frequently as the Secretary of State may deem appropriate, provided that, in lieu of an audit, the Secretary of State may accept a certified report of examination from a certified public accountant as to the accuracy of the condition of each trust fund or escrow account. Furthermore, in the event that the Secretary of State may find reason to believe in any case that the amounts of funds on deposit are less than that required by this article, the Secretary of State may require such increase of deposit as he reasonably believes necessary to accomplish the provisions of this article .
(f)-Pursuant to the auditing powers given to the Secretary of State by this article, the Secretary of State may assess against the audited registrant reasonable and necessary expenses incurred by an audit conducted by the Secretary of State or his representatives. Such an audit may be undertaken pursuant to a proposed transfer of ownership, the

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failure of the registrant to keep and maintain sufficient records, or an administrative or legal action. Assessment of said reasonable and necessary audit expenses shall be $75.00 per auditor per day plus actual expenses. The combined audit expenses and actual expenses shall not exceed $1,000.00 per 12 months for any one cemetery. A certified audit conducted by an independent accountant of the registrant's perpetual care trust account and preneed escrow account may be accepted by the Secretary of State in lieu of audit. Expenses for an audit undertaken pursuant to administrative or legal action will be assessed against the registrant only if such audit results in an adverse finding pursuant to such action.
44-3-141. 10-14-16.
(a) The owner of every cemetery may make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of such cemetery and of all parts and subdivisions thereof; for restricting, limiting, and regulating the use of all property within such cemetery; for regulating and preventing the introduction and care of plants or shrubs within such grounds; for regulating the conduct of persons and preventing improper assemblages therein; and for all other purposes deemed necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of safeguarding the premises and the principles, plans, and ideas on which the cemetery was organized. From time to time, the owner may amend, add to, revise, change, modify, or abolish such rules and regulations. Such rules and regulations shall be plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery; provided, however, that no cemetery to which the provisions of this article chapter are applicable shall have the power to adopt any rule or regulation in conflict with any of the provisions of this article chapter or in derogation of the contract rights of lot owners or owners of burial rights. Upon request, the registrant shall provide a copy of said rules and regulations to any person who requests it.
(b) The owner of every cemetery shall have the further right to establish reasonable rules and regulations regarding the type material, design, composition, finish, and specifications of any and all merchandise to be used or installed in the cemetery. Reasonable Subject to the provisions of this Code section and rules of the Secretary of State, reasonable rules may further be adopted regarding the installing by the cemetery or others of all merchandise to be installed in the cemetery. Such rules and regulations shall be posted conspicuously and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery. Upon request, the registrant shall provide a copy of said rules and regulations to any person requesting it. No cemetery owner shall have the right to prevent the use of any merchandise purchased by a lot owner or owner of a burial right, his or her representative, his or her agent, or his or her heirs or assigns from any source, provided the merchandise meets all rules and regulations.
(c) All cemetery owners registrants shall have a full and complete schedule of all charges for grave lots, burial rights, burial or funeral merchandise, and burial or funeral services provided by the cemetery registrant plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery. Upon request, the registrant shall provide a copy of said schedule of charges to any person requesting it.
44-3-142. 10-14-17.
(a) It shall be unlawful for any person:
(1)-To sell any cemetery property, burial rights, burial services, or burial merchandise without obtaining and maintaining a valid registration with the Secretary of State;
(2)(1) To sell or offer to sell any cemetery property, burial rights, burial or funeral services, or burial or funeral merchandise by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, the buyer not knowing of the untruth or omission, if such person shall not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the untruth or omission; or

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(3)(2) To sell or offer to sell any cemetery property, burial rights, burial or funeral services, or burial or funeral merchandise in violation of any provision of this article chapter or rule, regulation, or order promulgated or issued by the Secretary of State under any provision of this article. chapter;
(3) In connection with the sale of preneed merchandise or services requiring funds to be deposited into a preneed escrow account, to fail to refund, within three business days of the request of the purchaser or the purchaser's heirs or assigns, the sales prices plus applicable interest as determined according to rules promulgated by the Secretary of State, provided that such request is made prior to the earlier of:
(A) The delivery of the merchandise or services; or
(B) The death of the person for whose interment or inurnment the merchandise or services are intended to be used;
(4) To (b)-It shall be unlawful for any person to misappropriate, convert, illegally withhold, or fail to account for any cemetery trust funds, escrow funds, or other funds established or maintained pursuant to this article. chapter;
(5) Knowingly (c)-It shall be unlawful for any person knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this article chapter, any statement which is, at the time it is made and in the light of the circumstances under which it is made, false or misleading in any material respect.;
(6) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of funeral services if such person is not a licensed funeral director; or
(7) To sell any grave space which has not been platted and pinned.
(d)(b) It shall be unlawful for any person in connection with the ownership, offer, sale, or purchase of any cemetery property, burial rights, burial or funeral services, or burial or funeral merchandise, directly or indirectly:
(1) To employ any device, scheme, or artifice to defraud; or
(2) To engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller.
(c) In connection with the sale or installation of merchandise, it shall be unlawful for a cemetery company to:
(1) Impose any condition upon the installation of merchandise obtained from a third party, other than to require installation by a registrant under this chapter or as may be otherwise permitted by the rules and regulations of the Secretary of State;
(2) Charge a fee for the installation of merchandise purchased or obtained from and to be installed by a person or firm other than the cemetery company or its agents, provided that the cemetery owner may charge a fee not to exceed $50.00 to reimburse the cemetery owner for its actual costs incurred in assisting in the siting of a monument on the lot on which it is to be installed, supervision and inspection of the installation to ensure compliance with the rules and regulations of the cemetery, and any administrative functions associated with the installation; provided, further, any such fee is properly disclosed and published as required by this chapter and charged regardless of whether the installer is or is not the cemetery owner or affiliated therewith;
(3) Refuse to mark the place on the grave where the merchandise is to be installed and inspect the installation when completed to ensure compliance with cemetery rules and regulations;
(4) Require any person or firm that installs, places, or sets merchandise to pay any fee other than any fee charged pursuant to paragraph (2) of this subsection;
(5) Tie the purchase of any grave space or burial right to the purchase of merchandise from or through the seller or any other designated person or corporation;

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(6) Refuse to provide care or maintenance for any portion of a grave site on which a monument has been placed, provided that installation has been in accordance with lawful rules and regulations of the cemetery;
(7) Attempt to waive liability with respect to damage caused by cemetery employees or agents to merchandise after installation, where merchandise or installation service is not purchased from the cemetery company providing grave space or from or through any other person or corporation designated by the person authorized to sell grave space or the cemetery company providing grave space; provided, however, that no cemetery company may be held liable for the improper installation of merchandise where merchandise is not installed by the cemetery company or its agents;
(8) After the promulgation of rules and regulations relating to the subject matter of this subsection by the Secretary of State, to require any person who installs, places, or sets merchandise to obtain any form of insurance, bond, or surety or make any form of pledge, deposit, or monetary guarantee as a condition of entry or access to cemetery property or the installation of merchandise thereon, other than as may be in accordance with said rules and regulations.
(d) Other than the fees for the sale of burial rights, burial or funeral merchandise, and burial or funeral services, no other fee may be directly or indirectly charged, contracted for, or received by a cemetery company as a condition for a customer to use any burial right, burial or funeral merchandise, or burial or funeral service, except for:
(1) Charges paid for opening and closing a grave and vault installation;
(2) Charges paid for transferring burial rights from one purchaser to another; however, no such fee may exceed $50.00 and such fee must have been disclosed in writing to the owner at the time of the initial purchase of the burial right from the cemetery;
(3) Charges for sales, documentary, excise, and other taxes actually and necessarily paid to a public official, which charges must be supported in fact;
(4) Charges for credit life and credit disability insurance, but only as requested by the purchaser, and the premiums for which do not exceed the applicable premium chargeable in accordance with the rates filed with the Insurance Commissioner; or
(5) Charges for interest on unpaid balances in accordance with applicable law.
Nothing herein shall prohibit a cemetery company from charging a reasonable fee for services it provides in connection with a lawful disinterment, provided such charges do not exceed the greater of the cemetery company's normal and customary charges for interment or the actual costs incurred by the cemetery directly attributable to such disinterment. Nothing herein shall prohibit a cemetery from charging a reasonable fee for actual costs it incurs due to the commencement of a funeral service at a time other than previously agreed by the cemetery company, the funeral establishment, and the owner of the burial rights, or his or her heirs and assigns, provided such charges are calculated in a manner which is disclosed and published as required by this chapter and that such charges are directly attributable to extra costs incurred by the cemetery company due to such late commencement.
(e) In connection with the sale of burial rights, burial or funeral merchandise, or burial or funeral services, it shall be unlawful for any person to fail to comply with the provisions of Article 1 of Chapter 1 of this title, 'The Georgia Retail Installment and Home Solicitation Sales Act' or Part 1 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975.' For the purposes of this subsection, burial rights, burial or funeral services, and burial or funeral merchandise shall constitute goods as that term is used in said article and said part.
(f) In connection with the installation of a monument:
(1) It shall be unlawful for any person installing said monument to fail to comply with the lawful rules and regulations of the cemetery regarding monument installation, provided that said rules and regulations are provided in writing to the installer prior to the installation. In the event such installation is not in conformity with said rules and regulations, the installer shall be liable to the cemetery for the actual cost of correcting such installation so it will be in conformity, provided that:

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(A) The cemetery has notified the installer by certified mail, return receipt requested, of the reasons for the nonconformity not later than one year after the date of the installation; and
(B) The installer, provided it is registered under this chapter, shall have had not less than 30 days from its receipt of such notice to correct such nonconformity; and
(2) An installer of a monument shall be liable to the cemetery, to its customers, and to third persons for damages to their respective property and for other damages arising due to the negligence or intentional act of such installer, which liability may not be waived by contract.
(g) No program offering free burial rights may be conditioned on any requirement to purchase additional burial rights, burial or funeral merchandise, or burial or funeral services.
(h) The contract rights of any purchaser of preneed merchandise shall be freely transferable without fee.
(i) It shall be unlawful for any owner or operator of a perpetual care cemetery to fail to provide care and maintenance for the cemetery.
10-14-18.
(a) A registrant offering to provide burial rights, burial or funeral merchandise, or burial or funeral services to the public shall:
(1) Provide by telephone, upon request, accurate information regarding the retail prices of burial or funeral merchandise and services offered for sale by the registrant;
(2) Fully disclose all regularly offered services and merchandise prior to the selection of burial rights, burial or funeral services, or burial or funeral merchandise. The full disclosure required shall identify the prices of all burial or rights, burial or funeral services, and burial or funeral merchandise provided by the registrant;
(3) Not make any false or misleading statements of the legal requirement as to the necessity of a casket or outer burial container;
(4) Provide a good faith estimate of all fees and costs the customer will incur to use any burial rights, merchandise, or services purchased;
(5) Provide to the customer a current copy of the rules and regulations of the registrant;
(6) Provide the registrant's policy on cancellation and refunds to each customer;
(7) Provide refunds if burial or funeral merchandise is not delivered as represented; and
(8) Provide the customer, upon the purchase of any burial right or burial or funeral merchandise or service, a written contract, the form of which has been filed with the Secretary of State.
(b) In a manner established by rule of the Secretary of State, the written contract shall provide on the signature page of the contract, clearly and conspicuously in boldface ten-point type or larger, the following:
(1) The words 'purchase price' together with the sum of all items set out in the contract in accordance with subsection (d) of this Code section;
(2) The amount to be placed in trust;
(3) Either:

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(A) A statement that no further expenses will be incurred at the time of need; or
(B) A statement that additional expenses will be incurred at the time of need, the registrant's current price for each such expense, and a statement that such prices may be expected to increase in the future; and
(4) The telephone number designated by the Secretary of State for questions and complaints.
(c) The written contract shall be completed prior to the signing of the contract by the customer and a copy of the contract shall be provided to the customer.
(d) The written contract shall provide an itemization of the amounts charged for all burial rights, burial or funeral services, burial or funeral merchandise, cash advances, and fees and other charges, which itemization shall be clearly and conspicuously segregated from everything else on the written contract.
(e) The written contract shall contain a description of the burial or funeral merchandise covered by the contract to include, when applicable, size, materials from which the burial or funeral merchandise is made, and other relevant specifications as may be required by the Secretary of State.
(f) The written contract shall disclose the location at which funeral services are to be provided and the space number of each lot or grave space.
44-3-143. 10-14-19.
(a) Whenever it may appear to the Secretary of State, either upon complaint or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this article chapter or by any rule, regulation, or order of the Secretary of State promulgated or issued pursuant to any Code section of this article chapter or which is declared to be unlawful under this article chapter, the Secretary of State may, at his or her discretion, act under any or all of the following paragraphs:
(1) Issue an order, if he or she deems it to be appropriate in the public interest or for the protection of consumers, prohibiting such person from continuing such act, practice, or transaction, subject to the right of such person to a hearing as provided in Code Section 44-3-147 10-14-23;
(2) Apply to any superior court of competent jurisdiction in this state for an injunction restraining such person and his such person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or engaging therein or doing any acts in furtherance thereof, and for appointment of a receiver or an auditor and such other and further relief as the facts may warrant; or
(3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the Attorney General, who may, at his or her individual discretion, institute the necessary criminal proceedings.
(b) In any proceedings for an injunction, the Secretary of State may apply for and be entitled to have issued the court's subpoena requiring the appearance forthwith of any defendant and his its agents, employees, partners, officers, or directors, and the production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of the public as the facts may warrant.
(c) In any criminal proceeding, either the district attorney or the Attorney General, or both, may apply for and be entitled to have issued the court's subpoena requiring the appearance forthwith of any defendant or his its agents, employees, partners, officers, or directors and the production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings.
(d) In any civil proceeding brought under this Code section, if the Secretary of State shall establish that a perpetual care trust fund or preneed escrow account has not been established and maintained as required, the assets of the cemetery, cemetery company, or preneed dealer may be seized and sold by the state under orders of the court to the

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extent necessary to provide said perpetual care trust fund or preneed escrow account and set up the same. In addition, where the certificate of registration has been revoked, the whole company property may be ordered sold after the perpetual care trust fund and preneed escrow account have been established so that the purchaser of the cemetery may continue to operate the same and maintain it under the terms of this article chapter.
(e) The Secretary of State shall have the authority to petition a court of competent jurisdiction to remove a trustee or escrow agent for violation of the provisions of this article chapter, the rules and regulations promulgated under this article chapter, or for other unlawful acts and practices.
(f) In addition to any other penalties that may be imposed, any person willfully violating any provisions of Code Section 44-3-142 10-14-17 or 10-14-18 or of Code Section 44-3-136 10-14-11 or any rule, regulation, or order of the Secretary of State made pursuant to Code Section 44-3-142 10-14-17, 10-14-18, or 44-3-136 10-14-11 shall be subject to a civil penalty not to exceed $100.00 $10,000.00 for each day that such a single violation or violations persist but and not exceeding the total sum of $5,000.00 $100,000.00 for multiple violations in a single proceeding or a series of related proceedings. However, such penalty shall only be imposed if the person shall fail to correct any failure, refusal, or violation after written notice of the Secretary of State to correct same . The Secretary of State shall be authorized in his or her discretion to decline to impose a penalty or to impose any lesser penalty that he or she may deem to be sufficient and appropriate in any particular case. The amount of such penalty may be collected by the Secretary of State in the same manner that money judgments are now enforced in the superior courts of this state, except that the order or finding of the Secretary of State as to such penalty may be appealed according to the provisions of Code Section 44-3-146 10-14-22.
44-3-144. 10-14-20.
(a) Any Except as otherwise provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this article chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both.
(b) Any person who shall willfully violate subsection (b) of Code Section 44-3-142 10-14-17, Code Section 10-1418, or any provision of this article chapter regarding the establishment, maintenance, or reporting of any trust, reserve, or escrow funds mandated by this article chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 $10,000.00 or imprisonment for not less than one and not more than five years, or both.
(c) Nothing in this article chapter shall limit any statutory or common-law right of the state to punish any person for violation of any provision of any law.
44-3-145. 10-14-21.
(a) Any person who violates any provision of subsection (a), (b), or (d) of Code Section 44-3-142 10-14-17 shall be liable to the person buying such cemetery property, burial lot, burial right, burial merchandise, or burial service; and such buyer may bring action in any court of competent jurisdiction to recover the consideration paid in cash for the cemetery property, burial lot, burial right, burial merchandise, or burial service together with interest at the legal rate from the date of such payment, and reasonable attorney's fees and costs .
(b) In addition to the remedy set forth in subsection (a) of this Code section, a purchaser may apply to a court of competent jurisdiction in this state for an order authorizing the recovery of the preneed escrow deposit if a registrant fails to deliver burial merchandise or perform preneed burial services in accordance with the terms of the preneed sales contract.
(c) No person may bring action under this Code section more than two years from the date of the scheduled completion of the contract for sale or from the date of the sale if there is no contract for sale.
(d) Every cause of action under this article chapter survives the death of any person who might have been a plaintiff or defendant.

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(e) Nothing in this article chapter shall limit any statutory or common-law right of any person in any court for any act involving the sale of cemetery property, a burial lot, burial right, burial merchandise, or burial services.
44-3-146. 10-14-22.
(a) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 44-3-150 10-14-23 by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of State, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating:
(1) The order from which the appeal is taken;
(2) The ground upon which a reversal or modification of such order is sought; and
(3) A demand for a certified transcript of the record of such order.
(b) Upon receipt of such notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The appellant shall, within five days after receipt of such transcript, file such transcript and a copy of the notice of appeal with the clerk of the court. Said notice of appeal and transcript of the record shall constitute appellant's complaint. Said complaint shall thereupon be entered on the trial calendar of the court in accordance with the court's normal procedures.
(c) If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his or her further action in the matter, including the making and entering of any order or orders in connection therewith and the conditions, limitations, or restrictions to be contained therein.
44-3-147. 10-14-23.
(a) Where the Secretary of State has issued any order forbidding the sale of cemetery property, burial lots, burial rights, burial merchandise, or burial services under any provision of this article chapter, he or she shall promptly send to the cemetery owner, cemetery company, burial or funeral merchandise dealer, or preneed dealer and to the persons who have filed such application for registration a notice of opportunity for hearing. Before entering an order refusing to register any person or entity and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person or entity a notice of opportunity for hearing. Hearings shall be conducted by the Secretary of State pursuant to this Code section.
(b) Notices of opportunity for hearing shall be served by investigators appointed by the Secretary of State or sent by certified mail, return receipt requested, to the addressee's business mailing address, and such notice shall state:
(1) The order which has issued or which is proposed to be issued;
(2) The ground for issuing such order or proposed order; and
(3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice.
(c) Whenever a person requests a hearing in accordance with the provisions of this Code section, there shall immediately be set a date, time, and place for such hearing, and the person requesting such hearing shall forthwith be notified thereof. Except as provided in subsection (b) of Code Section 44-3-133, the The date set for such hearing shall be within 15 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the issuer of the notice and the person requesting such hearing.
(d) For the purpose of conducting any hearing as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such hearings, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and for such

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purposes the Secretary of State is authorized, at the request of the person requesting such hearing or upon his the official's own initiative, to issue a subpoena for any witnesses or a subpoena for the production of documentary evidence to compel the production of any books, records, or papers. Said subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(e) At any hearing conducted under this Code section, a party or an affected person may appear in his or her own behalf or may be represented by an attorney. A stenographic record of the testimony and other evidence submitted shall be taken unless the Secretary of State and the person requesting such hearing shall agree that such a stenographic record of the testimony shall not be taken. A transcript of the proceeding shall be made available to a party upon the payment of reasonable costs. The Secretary of State shall pass upon the admissibility of such evidence, but a party may at any time make objections to such rulings thereon; and, if the Secretary of State refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of such hearing.
(f) If the Secretary of State does not receive a request for a hearing within the prescribed time, he or she may permit an order previously entered to remain in effect or he or she may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall set forth his or her findings with respect to the matters involved and enter an order in accordance with his the Secretary's findings.
44-3-148. 10-14-24.
When consent to service of process is required under this article chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions brought by the State of Georgia arising out of or founded upon the sale of cemetery property, burial lots, burial rights, burial services, or burial merchandise in violation of this article chapter may be commenced in any court of competent jurisdiction with proper venue within this state by the service of process or pleadings upon the Secretary of State against the person executing such consent. Notwithstanding any provision in any other law to the contrary, service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by certified mail to the person against whom such process or pleadings are directed at his such person's latest address on file in the office of the Secretary of State.
44-3-149. 10-14-25.
Any condition, stipulation, or provision binding any person acquiring any cemetery property, burial lot, burial right, burial merchandise, or burial services to waive:
(1) Compliance with any provision of this article chapter or of the rules and regulations promulgated under this article chapter;
(2) Any rights provided by this article chapter or by the rules and regulations promulgated under this article chapter; or
(3) Any defenses arising under this article chapter or under the rules and regulations promulgated under this article chapter
shall be void.
44-3-150. 10-14-26.

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For any action taken or any proceeding had under the provisions of this article chapter or under color of the law, the Secretary of State shall be immune from liability and action to the same extent that any judge of any court of general jurisdiction in this state would be immune.
44-3-151. 10-14-27.
(a) In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, stating compliance or noncompliance with the provisions of this article chapter, shall constitute prima-facie evidence of such compliance or noncompliance with the provisions of this article chapter and shall be admissible in any such action.
(b) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State of any documents filed in his or her office and of any of his or her records shall be admissible with the same effect as the original of such documents or records would have if actually produced.
44-3-152. 10-14-28.
(a) Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 1983 2000, except that no civil action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and, in any event, no later than July 1, 1983 2000.
(b) All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect. They shall be deemed to have been filed, entered, or imposed under this article chapter but are governed by prior law.
(c) Judicial review of all administrative orders as to which review proceedings have not been instituted by July 1, 1983 2000, are governed by Code Section 44-3-146 10-14-22, except that no review proceeding may be instituted unless the petition is filed within any period of limitation which applied to a review proceeding when the order was entered and, in any event, no later than August 1, 1983 2000.
10-14-29.
(a) A cemetery company shall start construction of that section of a mausoleum or columbarium in which sales, contracts for sales, reservations for sales, or agreements for sales are being made within four years after the date of the first such sale or 50 percent of the mausoleum or columbarium has been sold and the purchase price has been received, whichever occurs first. The construction shall be completed within five years after the date of the first sale made. If the units have not been completely constructed at the earlier of time of need or the time specified in this subsection, all moneys paid shall be refunded upon request, plus interest earned thereon for that portion of the moneys deposited in the preneed escrow account and an amount equal to the interest that would have been earned on that portion of the moneys that were not so deposited.
(b) A cemetery company that plans to offer for sale space in a section of a mausoleum or columbarium prior to construction shall establish a preconstruction trust fund by written instrument. The preconstruction trust fund shall be administered by a corporate trustee approved by the Secretary of State and not affiliated with the cemetery company and operated in conformity with applicable provisions of Code Section 10-14-7. The preconstruction trust fund shall be separate from any other trust funds that may be required by this chapter.
(c) Before a sale, contract for sale, reservation for sale, or agreement for sale in a mausoleum section or columbarium may be made, the cemetery company shall compute the amount to be deposited to the preconstruction trust fund. The total amount to be deposited in the fund for each unit of the project shall be computed by dividing the cost of the project plus 10 percent of the cost, as computed by a licensed contractor, engineer, or architect, by the number of crypts or niches in the mausoleum or columbarium. When payments are received in installments, the percentage of the installment payment placed in trust must be identical to the percentage which the payment received bears to the total cost of the contract, including other burial or funeral merchandise and services purchased. Preconstruction trust fund payments shall be made within 30 days after the end of the month in which payment is received.

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(d) When the cemetery company delivers a completed crypt, mausoleum, columbarium, or niche acceptable to the purchaser in lieu of the crypt or niche purchased prior to construction, all sums deposited to the preconstruction trust fund for that purchaser shall be paid to the cemetery company.

(e) Upon completion of the mausoleum section or columbarium, the cemetery company shall certify completion to the trustee and shall be entitled to withdraw all funds deposited to the account of such mausoleum section or columbarium.

(f) If the mausoleum section or columbarium is not completed within the time limits set out in this Code section, the trustee shall contract for and cause the project to be completed and pay therefor from the trust funds deposited to the project's account, paying any balance, less cost and expenses, to the cemetery company. The cemetery company shall be liable for any difference between the amount necessary to complete construction and the amount of trust funds.

(g) On or before January 31 of each year, the trustee shall file with the Secretary of State in the form prescribed by the Secretary of State, a full and true statement as to the activities of any trust established pursuant to this Code section for the preceding calendar year.

10-14-30.

The Secretary of State, by rule, may adopt minimum standards for interment of human remains, including, without limitation, standards for depth of burial, composition of vaults, caskets, and other containers, siting and marking of burial lots, and minimum standards for construction of mausoleums and columbaria. In addition, the Secretary of State may, by rule, provide for the minimum standards for or prohibition of aboveground burial containers."

SECTION 2.

Code Section 33-8-1 of the Official Code of Georgia Annotated, relating to fees and taxes paid to the Commissioner of Insurance, is amended by striking in its entirety subparagraph (Q) of paragraph (1) and inserting in lieu thereof the following:

"(Q) Preneed funeral service company

25.00 Reserved"

SECTION 3.

Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, is amended by striking and reserving in its entirety Article 2, relating to contracts for preneed funeral services, including Code Section 43-18-90, relating to legislative intent; Code Section 43-18-91, relating to policy declarations; Code Section 43-18-92, relating to definitions; Code Section 43-18-93, relating to certificates of authority for persons holding funds as payment on preneed funeral services contracts; Code Section 43-18-94, relating to applications for such certificates; Code Section 43-18-95, relating to records, examinations, and investigation; Code Section 43-18-96, relating to disposition of proceeds received on contracts; Code Section 43-1897, relating to service charges; Code Section 43-18-98, relating to payment of funds upon death of named beneficiary; Code Section 43-18-99, relating to liability of depository after beneficiary's death; Code Section 43-18100, relating to advertising; Code Section 43-18-101, relating to cancellation of contracts; Code Section 43-18-102, relating to revocation, suspension, or refusal to renew certificate of authority; Code Section 43-18-103, relating to applicability to persons authorized to operate cemeteries; Code Section 43-18-104, relating to injunctions; Code Section 43-18-105, relating to liquidation proceedings; Code Section 43-18-106, relating to fines; Code Section 4318-107, relating to enforcement; and Code Section 43-18-108, relating to penalties.

SECTION 4.

Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, is amended by striking and reserving in its entirety Article 4, relating to cemeteries, including Code Section 44-3-130, relating to the short title; Code Section 44-3-131, relating to definitions; Code Section 44-3-132,

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1863

relating to employees' applications; Code Section 44-3-133, relating to prohibition of certain persons from employment; Code Section 44-3-134, relating to registration, trust funds, and escrow accounts; Code Section 44-3135, relating to filing fees and documents, state audits, change of ownership, and minimum size requirements; Code Section 44-3-136, relating to suspension or revocation of registration and denial of application for registration; Code Section 44-3-137, relating to accounts, agreement forms, bonds, trustees and escrow agents, funds allocation, and financial reports; Code Section 44-3-138, relating to venue; Code Section 44-3-139, relating to administration and rules and regulations; 44-3-140, relating to investigations, hearings, and audits; Code Section 44-3-141, relating to cemetery rules and regulations and service charges; Code Section 44-3-142, relating to prohibited acts; Code Section 44-3-143, relating to civil penalties; Code Section 44-3-144, relating to criminal penalties; Code Section 44-3-145, relating to purchaser's remedy for violations; Code Section 44-3-146, relating to judicial appeal; Code Section 44-3147, relating to administrative appeal; Code Section 44-3-148, relating to consent to service of process; Code Section 44-3-149, relating to waiver of rights or defenses; Code Section 44-3-150, relating to immunity of the Secretary of State; Code Section 44-3-151, relating to evidence in civil or criminal actions; and Code Section 44-3152, relating to actions pending under prior law.
SECTION 5.
Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, is amended in Code Section 44-12-260, relating to definitions relative to American Indian human remains and burial objects, by striking paragraph (4) in its entirety and inserting in lieu thereof the following:
"(4) 'Burial site' or 'burial ground' means an area dedicated to and used for interment of human remains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. Such a site may be any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which, as a part of the death rite or ceremony of a culture, individual human remains are deposited. Such term does not include any cemetery required to be registered with the Secretary of State pursuant to Code Section 44-3-134 1014-4."
SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.
Senator Hecht of the 34th moved that the Senate disagree to the House substitute to SB 462.
On the motion, the yeas were 39, nays 0: the motion prevailed, and the Senate disagreed to the House substitute to SB 462.
The following resolution was taken up to consider House action thereto:
HR 1053. By Representative Bailey of the 93rd:
A resolution compensating Mr. Calvin C. Johnson, Jr.; and for other purposes.
Senator Golden of the 8th moved that the Senate insist on its amendment to HR 1053.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate insisted on its amendment to HR 1053.
The following bill was taken up to consider House action thereto:
HB 172. By Representatives Coleman of the 142nd, Childers of the 13th, Sinkfield of the 57th and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services from the Department of Human Resources to the Department of Labor; and for other purposes.

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Senator Madden of the 47th moved that the Senate adhere to its substitute to HB 172 and that a Conference Committee be appointed.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Madden of the 47th, Golden of the 8th and Lee of the 29th.
The following bill was taken up to consider House action thereto:
SB 349. By Senators Crotts of the 17th, Harbison of the 15th, Price of the 56th and others:
A bill to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, so as to change the provisions relating to special license plates for military reservists and provide for identifying the branches of the reserve and for retired reservists; to change the provisions relating to proof of eligibility for certain members and retired members of the National Guard; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
Amend SB 349 as follows:
On page 2, line 41 strike "the"
replace with "those"
Senator Crotts of the 17th moved that the Senate disagree to the House amendment to SB 349.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 349.
The following bill was taken up to consider House action thereto:
SB 445. By Senator Lee of the 29th:
A bill to be entitled an Act to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of the term "peace officer"; to include within the definition of the term "peace officer" personnel who are authorized to exercise the power of arrest and who are employed or appointed as jail officers in county jails; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," so as to change the definition of the term "peace officer"; to include within the definition of the term "peace officer" certain personnel of county jails; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 8 of Title 35, the "Georgia Peace Officer Standards and Training Act," is amended by striking in its entirety subparagraph (C) of paragraph (8) and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, county probation systems, and county correctional institutions, and county jails relating only to the transport and confinement in, from, and to county jails, provided that such restrictions on the authority of such county jail personnel shall not apply if such officers are law enforcement certified by the Georgia Peace Officer Standards and Training Council. Jail officers functioning as peace officers as provided in this subparagraph must successfully complete a firearms training course approved by the Georgia Peace Officer Standards and Training Council; and".
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Lee of the 29th moved that the Senate disagree to the House substitute to SB 445.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 445.
The following bill was taken up to consider House action thereto:
HB 837. By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for trespass upon or damage to realty accrues; and for other purposes.
Senator Thomas of the 2nd moved that the Senate insist on its substitute to HB 837.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 837.
The Calendar was resumed.
HB 1464. By Representatives Jamieson of the 22nd and McCall of the 90th:
A bill to be entitled an Act to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to specify conditions under which such districts shall not be liable for certain loss, damage, injury, or death; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Ray of the 48th.
Senators Kemp of the 3rd, Ray of the 48th, Land of the 16th and others offered the following amendment:
Amend HB 1464 after the word "pending" on line 23 page 1, (add) the following:
"The provisions of this section shall only apply to soil and water conservation districts and their easements."

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On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill was taken up to consider House action thereto:

SB 318. By Senators Hecht of the 34th, Starr of the 44th, Hooks of the 14th and others:

A bill to be entitled an Act to amend Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, so as to authorize that, in addition to blood samples, oral swabs or a sample obtained from a noninvasive procedure may be taken for DNA analysis to determine identification characteristics specific to the person; to provide that laws applicable to DNA analysis with respect to sex offenders shall apply to persons who are convicted of a felony to the extent funds are appropriated or otherwise available for such purposes; to change the provisions relating to expungement of a profile in the data bank upon reversal and dismissal of conviction; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL

To be entitled an Act to amend Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, so as to authorize that, in addition to blood samples, oral swabs or a sample obtained from a noninvasive procedure may be taken for DNA analysis to determine identification characteristics specific to the person; to provide that laws applicable to DNA analysis with respect to sex offenders shall apply to certain persons who are convicted of a felony; to provide that laws applicable to DNA analysis with respect to persons who commit a felony in this state shall also apply to certain persons who have been convicted of a felony prior to July 1, 2000, and who currently are incarcerated in a state correctional facility in this state for such offense; to provide that laws applicable to DNA analysis with respect to persons who

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commit a felony in this state shall also apply to certain persons who have been convicted of a felony prior to, on, or after July 1, 2000, and who are incarcerated in a private correctional facility in this state for such offense pursuant to a contract with the Department of Corrections; to define a certain term; to change the provisions relating to time and procedure for withdrawal or extraction of samples; to provide that the Division of Forensic Sciences of the Georgia Bureau of Investigation shall publish in its quality manuals the procedures for the collection and transfer of samples to such division pursuant to Code Section 35-3-154; to provide that personnel at a Department of Corrections facility shall implement the provisions of this Act as part of the regular processing of offenders; to provide that only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any sample of blood to be submitted for analysis; to provide under certain circumstances for a limitation on civil liability with respect to the taking of samples; to change the provisions relating to procedures for analysis and storage of samples and for the use of remainder of samples not subjected to analysis; to change the provisions relating to dissemination of information in the DNA data bank to law enforcement officials; to provide that the name of a convicted offender whose profile is contained in the data bank may be related to any other data bases which are constructed for law enforcement purposes and may be disseminated only for law enforcement purposes; to provide for a court order that a defendant in a criminal case have access to information in the data bank for comparison purposes in certain circumstances; to provide that the Georgia Bureau of Investigation may create a separate statistical data base comprised of DNA profiles of samples of persons whose identity is unknown; to change the provisions relating to expungement of a profile in the data bank upon reversal and dismissal of conviction; to provide for construction and designation of offenses for which samples shall be analyzed in the event of partial funding; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, is amended by striking in its entirety Code Section 24-4-60, relating to requirement for DNA analysis of blood of persons convicted of certain sex offenses, and inserting in lieu thereof a new Code Section 24-4-60 to read as follows:
"24-4-60.
Any person convicted of a criminal offense defined in Code Section 16-6-1, relating to the offense of rape; Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-3, relating to the offense of statutory rape; Code Section 16-6-4, relating to the offense of child molestation or aggravated child molestation; Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes; Code Section 166-5.1, relating to the offense of sexual assault against persons in custody, sexual assault against a person detained or a patient in a hospital or other institution, or sexual assault by a practitioner of psychotherapy against a patient; Code Section 16-6-6, relating to the offense of bestiality; Code Section 16-6-7, relating to the offense of necrophilia; or Code Section 16-6-22, relating to the offense of incest; shall have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. In addition, on and after July 1, 2000, any person convicted of a felony and incarcerated in a state correctional facility shall at the time of entering the prison system have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2000, and who currently is incarcerated in a state correctional facility in this state for such offense but only when such a person is to be released from the state correctional facility. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony in this state on or after July 1, 2000, and who is incarcerated in a private correctional facility in this state for such offense pursuant to a contract with the Department of Corrections upon entering the facility, and for any person convicted of a felony prior to July 1, 2000, and who is incarcerated in a private correctional facility in this state pursuant to contract with the Department of Corrections, upon release. The analysis shall be performed by the Division of Forensic Sciences of the Georgia Bureau of Investigation. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 24-4-

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63. For the purposes of this Code Section, the term 'state correctional facility' means a penal institution under the jurisdiction of the Department of Corrections, including inmate work camps and inmate boot camps; provided, however, that such term shall not include a probation detention center, probation diversion center, or probation boot camp under the jurisdiction of the Department of Corrections."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 24-4-61, relating to the time and procedure for withdrawal of blood samples, and inserting in lieu thereof a new Code Section 24-4-61 to read as follows:
"24-4-61.
(a) Each sample required pursuant to Code Section 24-4-60 from persons who are to be incarcerated shall be withdrawn within the first 30 days of incarceration at the receiving unit or at such other place as is designated by the Department of Corrections. Each sample required pursuant to Code Section 24-4-60 from persons who are to be released from a state correctional facility or private correctional facility shall be withdrawn within the 12 months preceding such person's release at a place designated by the Department of Corrections. The required samples from persons who are not sentenced to a term of confinement shall be withdrawn as a condition of probation at a time and place specified by the sentencing court. The Division of Forensic Sciences of the Georgia Bureau of Investigation shall publish in its quality manuals the procedures for the collection and transfer of samples to such division pursuant to Code Section 35-3-154. Personnel at a Department of Corrections facility shall implement the provisions of this Code section as part of the regular processing of offenders.
(b) Samples collected by oral swab or by a noninvasive procedure may be collected by any individual who has been trained in the procedure. Only a correctional health nurse technician, physician, registered professional nurse, licensed practical nurse, graduate laboratory technician, or phlebotomist shall withdraw any sample of blood to be submitted for analysis. No civil liability shall attach to any person authorized to withdraw blood take a sample as provided in this article as a result of the act of withdrawing blood taking a sample from any person submitting thereto, provided the blood sample was withdrawn taken according to recognized medical medically accepted procedures. However, no person shall be relieved from liability for negligence in the withdrawing of any blood sample.
(b)(c) Chemically clean sterile disposable needles and vacuum draw tubes shall be used for the withdrawal of all samples of blood. The containers tube for blood samples, oral swabs, and the samples obtained by noninvasive procedures shall be sealed and labeled with the subject's name, social security number, date of birth, race, and gender plus the name of the person collecting the sample and the date and place of collection. The containers tubes shall be secured to prevent tampering with the contents. The steps set forth in this subsection relating to the taking, handling, identification, and disposition of blood samples are procedural and not substantive. Substantial compliance therewith shall be deemed to be sufficient. The samples shall be transported to the Division of Forensic Sciences not more than 15 days following withdrawal and shall be analyzed and stored in the DNA data bank in accordance with Code Sections 24-4-62 and 24-4-63."
SECTION 3.
Said article is further amended by striking in its entirety Code Section 24-4-62, relating to the procedure for analysis and storage of blood samples, and inserting in lieu thereof a new Code Section 24-4-62 to read as follows:
"24-4-62.
Whether or not the results of an analysis are to be included in the data bank, the bureau shall conduct the DNA analysis in accordance with procedures adopted by the bureau to determine identification characteristics specific to the individual whose sample is being analyzed. The director of the Georgia Bureau of Investigation or his or her designated representative shall complete and maintain on file a form indicating the name of the person whose sample is to be analyzed, the date and by whom the blood sample was received and examined, and a statement that the seal on the tube container containing the sample had not been broken or otherwise tampered with. The remainder of a blood sample submitted for analysis and inclusion in the data bank pursuant to Code Section 24-4-60

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may be divided, if possible, labeled as provided for the original sample, and securely stored by the bureau in accordance with specific procedures of the bureau to ensure the integrity and confidentiality of the samples. All or part of the remainder of that sample may be used only to create a statistical data base provided no identifying information on the individual whose sample is being analyzed is included or for retesting by the bureau to validate or update the original analysis. A report of the results of a DNA analysis conducted by the bureau as authorized, including the identifying information, shall be made and maintained at the bureau. Except as specifically provided in this Code section and Code Section 24-4-63, the results of the analysis shall be securely stored and shall remain confidential."
SECTION 4.
Said article is further amended by striking in its entirety Code Section 24-4-63, relating to dissemination of information in the data bank to law enforcement officials, and inserting in lieu thereof a new Code Section 24-4-63 to read as follows:
"24-4-63.
(a) It shall be the duty of the bureau to receive blood samples and to analyze, classify, and file the results of DNA identification characteristics profiles of blood samples submitted pursuant to Code Section 24-4-60 and to make such information available as provided in this Code section. The results of an analysis and comparison of the identification of the characteristics from two or more biological samples shall be made available directly to federal, state, and local law enforcement officers upon a request made in furtherance of an official investigation of any criminal offense. A request may be made by personal contact, mail, or electronic means. The name of the requestor and the purpose for which the information is requested shall be maintained on file with the bureau.
(b)(1) Upon his or her request, a copy of the request for search shall be furnished to any person identified and charged with an offense as the result of a search of information in the data bank. Only when a sample or DNA profile supplied by the requestor satisfactorily matches the requestor's profile in the data bank shall the existence of data in the data bank be confirmed or identifying information from the data bank be disseminated.
(2) The name of the convicted offender whose profile is contained in the data bank may be related to any other data bases which are constructed for law enforcement purposes and may be disseminated only for law enforcement purposes.
(3) A superior court having proper jurisdiction shall order that a defendant in a criminal case have access to his or her DNA profile in the data bank for comparison purposes upon a showing that access would be material to the investigation, preparation, and presentation of a defense at trial or material to the investigation, preparation, and presentation of a motion for a new trial.
(c) The bureau shall develop procedures governing the methods of obtaining information from the data bank in accordance with this Code section and procedures for verification of the identify and authority of the requestor. The bureau shall specify the positions in that agency which require regular access to the data bank and sample samples submitted as a necessary function of the job.
(d) The bureau may create a separate statistical data base comprised of DNA profiles of blood samples of persons whose identity is unknown. Nothing in this Code section or Code Section 24-4-64 shall prohibit the bureau from sharing or otherwise disseminating the information in the statistical data base with law enforcement or criminal justice agencies within or outside the state.
(e) The bureau may charge a reasonable fee to search and provide a comparative analysis of DNA profiles in the data bank to any authorized law enforcement agency outside of the state."
SECTION 5.

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Said article is further amended by striking in its entirety Code Section 24-4-65, relating to expungement of profile in data bank upon reversal and dismissal of conviction, and inserting in lieu thereof a new Code Section 24-4-65 to read as follows:
"24-4-65.
A person whose DNA profile has been included in the data bank pursuant to this article may request that it be expunged on the grounds that the felony conviction on which the authority for including his or her DNA profile was based has been reversed and the case dismissed. The bureau shall purge all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person upon receipt of a written request that such data be expunged, pursuant to this Code section, and a certified copy of the court order reversing and dismissing the conviction."
SECTION 6.
The provisions of this Act shall not be construed as requiring the Department of Corrections or the Georgia Bureau of Investigation to fully implement this Act prior to funds being appropriated or otherwise available for such purpose. If funds are not available, the director of the Georgia Bureau of Investigation or the director's designee shall be authorized to designate those offenses for which samples shall be analyzed.
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.
Senator Hecht of the 34th moved that the Senate agree to the House substitute to SB 318 as amended by the following amendment:
Amend the House substitute to SB 318 by adding on line 21 of page 1 after the word and symbol "Corrections;" the following:
"to provide for payment of the costs of such oral swabs or such samples taken through a noninvasive procedure from the inmate account of the person from whom the sample was taken;".
By striking line 44 of page 3 and inserting in lieu thereof the following:
"the jurisdiction of the Department of Corrections. The cost of such oral swab or taking such sample through a noninvasive procedure shall be paid from funds available in the person's inmate account upon the person's release or from funds earned by the person and subsequently placed in that person's inmate account.'".
On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 318 as amended by the Senate.
The Calendar was resumed.
HB 1541. By Representatives Martin of the 47th and McKinney of the 51st:
A bill to be entitled an Act to repeal an Act fixing the salaries of certain judges of certain courts within counties having a population in excess of 600,000 according to the United States decennial census of 1990 or any future such census, approved March 28, 1973 (Ga. L. 1973, p. 2308), as amended, particularly by an Act approved April 17, 1992 (Ga. L. 1992, p. 2049); to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Hecht of the 34th .
The report of the committee, which was favorable to the passage of the bill, was agreed to.

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1871

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun
Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1553. By Representatives Skipper of the 137th, Benefield of the 96th, Murphy of the 18th and others:

A bill to be entitled an Act to amend Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, so as to provide for allocation of transportation funds; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Streat of the 19th.

The Senate Transportation Committee offered the following substitute to HB 1553:

A BILL

To be entitled an Act to amend Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, so as to change certain provisions relating to allocation of transportation funds; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, is amended by striking Article 3, relating to allocation of transportation funds, and inserting in lieu thereof the following:

"ARTICLE 3

32-5-30.

(a) Each state-wide transportation improvement program shall include an allocation of state and federal funds which provides that the The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any

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state or federal funds specifically designated for maintenance and operations, any project undertaken for purposes of the Developmental Highway System provided by Code Section 32-4-22, or any project of the Georgia Regional Transportation Authority, Georgia Ports Authority, or Metropolitan Atlanta Rapid Transit Authority, shall be budgeted or programmed by the department over the effective three-year each five-year period of such program commencing July 1, 1999, and quinquenially thereafter such that 100 at the end of such period funding obligations equivalent to at least 85 percent of such total for such period shall be have been divided equally for such period among the congressional districts in this state for public road and other public transportation purposes in such districts; with the remainder of such total divided among congressional districts such that five percent of such total for such period shall have been obligated for public road projects incidental to economic development purposes anywhere in this state, and no congressional district shall have received funding obligations pursuant to this subsection for such period which are more than 20 percent greater than that received by any other congressional district pursuant to this subsection for such period.

(b)(1) The board may upon approval by two-thirds of its membership authorize a reduction in the share of funds allocated pursuant to this Code section to any congressional district if such supermajority of the board determines that such district does not have sufficient projects available for expenditure of funds within that district to avoid lapsing of appropriated funds.

(2)-In case of a reduction in allocation of funds for any congressional district pursuant to paragraph (1) of this subsection, the amount of funds made available by such reduction shall be divided equally among all other congressional districts in this state for allocation to such districts in addition to the allocation made to such other districts pursuant to subsection (a) of this Code section.

(c) Provisions of this Code section may be waived pursuant to subsection (b) of Code Section 32-5-1 only upon approval by two-thirds of the membership of the board.

32-5-31.

In each calendar year, the board shall provide to the Governor, Lieutenant Governor, and Speaker of the House of Representatives a written report detailing the equitable allocation of funds funding obligations among congressional districts pursuant to Code Section 32-5-30 for the fiscal year ending June 30 of that same calendar year. Such report shall include without limitation the annual funding obligations and the projected expenditures of funds for the fiveyear period and any and all documents or information indicating how the department intends to allocate the applicable state and federal funds among congressional districts as required by Code Section 32-5-30 or a detailed explanation of why the department is unable to allocate such funds as required."
SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes
Streat

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1873

Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1654. By Representatives Skipper of the 137th and Floyd of the 138th:

A bill to be entitled an Act to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to provide for the Southwest Georgia Railroad Excursion Authority; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hooks of the 14th.

The Senate Transportation Committee offered the following substitute to HB 1654:

A BILL

To be entitled an Act to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to provide for the Southwest Georgia Railroad Excursion Authority; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, is amended by adding a new Article 11 to read as follows:

"ARTICLE 11.

46-9-320.

This article shall be known and may be cited as the 'Southwest Georgia Railroad Excursion Authority Law.'

46-9-321.

(a) There is created a body corporate and politic to be known as the Southwest Georgia Railroad Excursion Authority, which shall be deemed to be an instrumentality of the state and a public corporation, for the purposes of construction, financing, operation, and development of rail passenger excursion projects utilizing any state owned railway in Crisp and Sumter counties and any nearby county which may be included within the service area as provided by this article.

(b) The authority shall be assigned to the Department of Transportation for administrative purposes only.

46-9-322.

As used in this article, the term:

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(1) 'Authority' means the public body corporate and politic created pursuant to this article.
(2) 'Cost of the project' or 'cost of any project' means and shall include: All costs of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project; all costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto including, but not limited to, the costs of all land, estates for years, easements, rights, improvements, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the costs of all fixtures, machinery, equipment, furniture, and other property used in or in connection with or necessary for any project; all financing charges and loan fees and all interest on revenue bonds, notes, or other obligations of the authority which accrues or is paid prior to and during the period of construction of a project and during such additional period as the authority may reasonably determine to be necessary to place such project in operation; all costs of engineering, surveying, architectural, and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; all expenses for inspection of any project; all fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, trust indenture, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; all other costs and expenses incurred relative to the issuance of any revenue bonds, notes, or other obligations for any project; all fees of any type charged by an authority in connection with any project; all expenses of or incident to determining the feasibility or practicability of any project; all costs of plans and specifications for any project; all costs of title insurance and examinations of title with respect to any project; repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon, and any other expenses of such loans; administrative expenses of the authority and such other expenses as may be necessary for or incident to any project or the financing thereof or the placing of any project in operation; and a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the authority may approve with respect to the financing and operation of any project and as may be authorized by any bond resolution, trust agreement, trust indenture, or similar instrument or agreement pursuant to the provisions of which the issuance of any revenue bonds, notes, or other obligations of the authority may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of revenue bonds, notes, or obligations issued by the authority.
(3) 'Project' means the acquisition, construction, installation, operation, modification, renovation, or rehabilitation of any rail passenger facilities in the service area either directly or through contract with another public or private agency. A project may also include any fixtures, machinery, or equipment used on, in, or in connection with any of the transportation facilities listed above. A project may be for any rail passenger excursion purpose, provided that a majority of the members of the authority determines, by a resolution duly adopted, that the project will further the public purpose of this article.
(4) 'Revenue bonds' and 'bonds' mean any bonds of an authority which are authorized to be issued under the Constitution and laws of the State of Georgia, including refunding bonds but not including notes or other obligations of an authority.
(5) 'Service area' means the geographical area of operations of the authority and shall consist of the Counties of Crisp and Sumter and, with the consent of the appropriate governing authorities thereof, nearby counties, subject to the approval of the authority.
46-9-323.
The authority shall have all of the powers necessary, proper, and convenient to carry out and effectuate the purposes and provisions of this article. The powers enumerated in this Code section are cumulative of and in addition to each other and other powers granted elsewhere in this article; and no such power limits or restricts any other power of the authority. Without limiting the generality of the foregoing, the powers of the authority shall include the powers:
(1) To sue and be sued;

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1875

(2) To adopt and amend a corporate seal;
(3) To make and execute contracts, agreements, and other instruments necessary, proper, and convenient to exercise the powers of the authority to further the public purpose for which the authority is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for operation of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects. Any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and, without limiting the generality of the foregoing, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings with each other relating to projects of the authority for a term not exceeding 50 years. Likewise, without limiting the generality of the above and foregoing, the same authority above granted to municipal corporations, counties, political subdivisions, and to the authority relative to entering into contracts, lease agreements, or other undertakings is authorized between the authority and private corporations, both inside and outside this state, and between the authority and public bodies, including counties and cities outside this state;
(4) To acquire by purchase, lease, condemnation, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character or any interest therein in furtherance of the public purpose of the authority;
(5) To finance, by loan, grant, lease, or otherwise, and to construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage projects and to pay the cost of any project from the proceeds of revenue bonds, notes, or other obligations of the authority or any other funds of the authority, or from any contributions or loans by persons, corporations, partnerships, limited or general, or other entities, all of which the authority is empowered to receive and accept and use;
(6) To borrow money to further or to carry out its public purpose and to execute revenue bonds; notes; other obligations; leases; trust indentures; trust agreements; agreements for the sale of its revenue bonds, notes, or other obligations; loan agreements; mortgages; deeds to secure debt; trust deeds; security agreements; assignments; and such other agreements or instruments as may be necessary or desirable, in the judgment of the authority, to evidence and to provide security for such borrowing;
(7) To issue revenue bonds, notes, or other obligations of the authority and use the proceeds thereof for the purpose of paying or loaning the proceeds thereof to pay all or any part of the costs of any project and otherwise to further or carry out the public purpose of the authority and to pay all costs of the authority incident to, or necessary and appropriate to, furthering or carrying out such purpose;
(8) 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 furtherance of the authority's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source;
(9) To enter into agreements with the federal government or any agency or corporation thereof to use the facilities of the federal government or agency or corporation thereof in order to further or carry out the public purposes of the authority;
(10) To extend credit or make loans to any person; corporation; partnership, limited or general; or other entity for the costs of any project, which credit or loans may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or other instruments or by rentals, revenues, fees, or charges, upon such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted in connection with any project, the authority shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guarantee of any obligations,

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insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable;
(11) As security for repayment of any revenue bonds, notes, or other obligations of the authority, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority, including, but not limited to, real property, fixtures, personal property, and revenues or other funds; and to execute any lease; trust indenture; trust agreement; agreement for the sale of the authority's revenue bonds, notes, or other obligations; 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 revenue bonds, notes, or other obligations, 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 of Georgia on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right the state or such county, municipal corporation, political subdivision, 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;
(12) To receive and use the proceeds of any tax levied by the State of Georgia or any county or municipality thereof to pay the costs of any project or for any other purpose for which the authority may use its own funds pursuant to this article;
(13) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;
(14) To use any real property, personal property, or fixtures or any interest therein; or to rent or lease such property to or from others or make contracts with respect to the use thereof; or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the authority and the public purpose thereof;
(15) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority;
(16) To appoint, select, and employ engineers, surveyors, architects, planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;
(17) To encourage and promote by means of rail passenger excursion projects the improvement and advancement of the service area and the enhancement and profitability of tourism to the service area and its citizens;
(18) To make, contract for, or otherwise cause to be made long-range plans or proposals for rail passenger excursion projects within the service area, in cooperation with those political subdivisions within which such projects are located;
(19) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws;
(20) To exercise any power granted by the laws of the State of Georgia to public or private corporations which is not in conflict with the public purpose of the authority; and
(21) To do all things necessary, proper, and convenient to carry out the powers conferred by this article.
46-9-324.
(a) The authority shall be composed of members appointed by governing authorities of counties and municipalities within the service area as provided by this subsection. The governing authorities of the Counties of Crisp and

Monday, March 20, 2000

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Sumter and the municipalities of Americus, Cordele, Leslie, and Plains shall each appoint two members. Two members each shall be appointed by the governing authority of any other county which is within the service area, or any municipality within such county, and in which such county or municipality a rail passenger service station or stop of the authority is located. Terms of members appointed by any county governing authority shall expire on December 31, 2002, and biennially thereafter. Terms of members appointed by the governing authority of any municipality shall expire on December 31, 2001, and biennially thereafter. Members shall serve until their successors are appointed and qualified; provided, however, that any member of the authority may be removed at any time, with or without cause, by the governing authority which appointed such member. Any member of the authority may be selected and appointed to succeed himself or herself. Any vacancy shall be filled for the unexpired term, and any appointment to fill a vacancy shall be made in the same manner as the original appointment.
(b)(1) Membership of the authority shall be a civil office for purposes of the eligibility requirements provided by Code Section 45-2-1, except that the residency requirement for any person appointed to the authority shall be residence in the jurisdiction of the appointing local governing authority for a period of at least 12 months prior to such person's appointment.
(2) A member of the appointing local governing authority may be appointed as a member of the authority, but his or her seat on the authority shall be vacant immediately upon his or her ceasing to be a member of the appointing local governing authority. Such person may be reappointed as a member of the authority to fill such vacancy.
(c) The members of the authority shall in January of each year elect one of their number as chairperson. Also, the members of the authority shall elect one of their number as vice chairperson, shall also elect one of their number as secretary, and may also elect one of their number as treasurer. The secretary may also serve as treasurer. Each of such officers shall serve for a period of one year and until their successors are duly elected and qualified. The chairperson of the authority shall be entitled to vote upon any issue, motion, or resolution.
(d) A majority of the members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the authority.
(e) A vacancy on the authority shall exist in the office of any member of the authority who is convicted of a felony or who enters a plea of nolo contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves such person's residence from the jurisdiction of the appointing authority; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of such person's duties as a member of the authority; who fails to attend at least three consecutive meetings of the authority without an excuse approved by a resolution of the authority; or who is ineligible for civil office for any other reason provided by Code Section 45-2-1.
(f) All meetings of the authority shall be open to the public as provided in Chapter 14 of Title 50 of the O.C.G.A. The authority may hold public hearings on its own initiative or at the request of residents of any area affected by the actions of the authority.
(g) No member or employee of the authority shall have, directly or indirectly, any financial interest, profit, or benefit in any contract, work, or business of the authority nor in the sale, lease, or purchase of any property to or from the authority.
(h) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed out of funds of the authority for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. Employees of the authority shall not be members of the Employees' Retirement System of Georgia.
46-9-325.
The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all

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of the books, together with a proper statement of the authority's financial position, once a year on or about December 31 to the state auditor.
46-9-326.
Revenue bonds, notes, or other obligations issued by the authority shall be paid solely from the property, including, but not limited to, real property, fixtures, personal property, revenues, or other funds pledged, mortgaged, conveyed, assigned, hypothecated, or otherwise encumbered to secure or to pay such bonds, notes, or other obligations. All revenue bonds, notes, and other obligations shall be authorized by resolution of the authority, adopted by a majority vote of the members of the authority at a regular or special meeting. Such revenue bonds, notes, or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective date, shall bear interest at such rate or rates which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the authority authorizing the issuance of such revenue bonds, notes, or other obligations shall bind the members of the authority then in office and their successors. The authority shall have power from time to time and whenever it deems refunding expedient to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this article. The refunding bonds may be exchanged for the bonds to be refunded with such cash adjustments as may be agreed upon or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. There shall be no limitation upon the amount of revenue bonds, notes, or other obligations which any authority may issue. Any limitation with respect to interest rates or any maximum interest rate or rates found in the usury laws of the State of Georgia, or any other laws of the State of Georgia, shall not apply to revenue bonds, notes, or other obligations of the authority.
46-9-327.
(a) Subject to the limitations and procedures provided by this Code section, the agreements or instruments executed by the authority may contain such provisions not inconsistent with law as shall be determined by the members of the authority.
(b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by the authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this article, all or part of the cost of any project or for the purpose of refunding any bonds, notes, or other obligations issued in accordance with the provisions of this article.
(c) Issuance by the authority of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude it from issuing other bonds, notes, or other obligations in connection with the same project or with any other project, but the proceeding wherein any subsequent bonds, notes, or other obligations shall be issued shall recognize and protect any prior loan agreement, mortgage, deed to secure debt, trust deed, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
(d) The authority shall have the power and is authorized, whenever bonds of the authority shall have been validated as provided in this article, to issue from time to time its notes in anticipation of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue such bond anticipation notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. Such notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any provisions which the authority is authorized to include in any resolution or resolutions authorizing bonds of the authority or any issue thereof, and the authority may include in any notes any terms, covenants, or conditions which the authority is authorized to include in any bonds. Validations of such bonds shall be a condition precedent to the issuance of such

Monday, March 20, 2000

1879

notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued.
(e) All bonds issued by the authority under this article shall be issued and validated under and in accordance with Article 3 of Chapter 82 of Title 36, the 'Revenue Bond Law,' as heretofore and hereafter amended, except as provided in this article, provided that notes and other obligations of the authority may be, but shall not be required to be, so validated.
(f) Bonds issued by the authority may be in such form, either coupon or fully registered or both coupon and fully registered, and may be subject to exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide.
(g) Bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located 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 shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state.
(h) In lieu of specifying the rate or rates of interest which bonds to be issued by an authority are to bear, the notice to the district attorney or 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 petition and complaint or that, in the event the bonds are to bear different rates of interest for different maturity dates, that note of such rates will exceed the maximum rate which may be fixed or may fluctuate or otherwise change from time to time so specified; provided, however, that nothing contained herein 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 there from would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
(i) The terms 'cost of the project' or 'cost of any project' shall have the meaning prescribed in this article whenever referred to in bond resolutions of the authority; in bonds, notes, or other obligations of the authority; or in notices or proceedings to validate such bonds, notes, or other obligations of the authority.
(j) The issuance of any bond, revenue bond, note, or other obligation or the incurring of any debt by the authority must, prior to such, be approved by the Georgia State Financing and Investment Commission established by Article VII, Section IV, Paragraph VII of the Constitution of the State of Georgia of 1983 or its successor.
46-9-328.
The implementation of rail passenger excursion projects within the service area develops and promotes, for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and promotes the general welfare of the state by creating a climate favorable to the location of new industry, trade, and commerce and the development of existing industry, trade, and commerce within the State of Georgia. Implementation of rail passenger excursion projects within the service area under this article will develop and promote, for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and will promote the general welfare of the state. It is therefore in the public interest and is vital to the public welfare of the people of Georgia, and it is declared to be the public purpose of this article to so develop rail passenger excursion projects within the service area. No bonds, notes, or other obligations, except refunding bonds, shall be issued by the authority pursuant to this article unless its membership adopts a resolution finding that the project for which such bonds, notes, or other obligations are to be issued will promote the foregoing objectives.
46-9-329.
The provisions of this article shall be liberally construed to effect its stated purpose. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under the Georgia laws regulating the sale of securities, as heretofore and hereafter amended. No notice, proceeding, or publication except

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those required by this article shall be necessary to the performance of any act authorized by this article, nor shall any such act be subject to referendum.
46-9-330.
No bonds, notes, or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or any county, municipal corporation, or political subdivision thereof nor shall any act of the authority in any manner constitute or result in the creation of an indebtedness of the state or any such county, municipal corporation, or political subdivision. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state or any county, municipal corporation, or political subdivision thereof nor to enforce the payment thereof against the state or any such county, municipal corporation, or political subdivision.
46-9-331.
The authority is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of the state, that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the powers conferred upon it by this article, and for such reasons the state covenants with the holders from time to time of the bonds, notes, and other obligations issued hereunder that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state.
46-9-332.
The authorization for rail passenger excursion projects provided by this article shall be in addition to and not limited by any other authorization for rail passenger service or rail passenger service projects provided by this chapter."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Johnson of the 1st offered the following amendment:
Amend the Senate Transportation Committee substitute to HB 1654 by inserting on line 4 of page 1 after the word and symbol "Authority;" the following:
"to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, so as to create the Fulton-DeKalb Hospital Authority Overview Committee; to provide for its membership, powers, and duties;"
By redesignating Section 2 as Section 3.
By inserting a new Section 2 to read as follows:
"SECTION 2.
Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation and construction of hospitals and other health care facilities, is amended by inserting at the end thereof a new Article 16 to read as follows:
'ARTICLE 16

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31-7-415.
There is created the Fulton-DeKalb Hospital Authority Overview Committee to be composed of the following nine members: three members of the House of Representatives appointed by the Speaker of the House, at least one of whom shall be from the area served by the authority; three members of the Senate, to be appointed by the President thereof, at least one of whom shall be from the area served by the authority; and three members of the General Assembly appointed by the Governor, at least one of whom shall be from the area served by the authority. The appointed members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations, budget contracts, safety, financing, organization, and structure of the Fulton-DeKalb Hospital Authority, as well as periodically review and evaluate the success with which said authority is accomplishing its legislatively created purposes.
31-7-416.
The state auditor and the Attorney General shall make available to the committee the services of their staffs' facilities in order to assist the committee in its discharge of its duties herein set forth. Upon authorization by joint resolution of the General Assembly, the committee shall have the power while the General Assembly is in session or during the interim between sessions to request the attendance of witnesses and the production of documents in aid of its duties.
31-7-417.
The Fulton-DeKalb Hospital Authority shall cooperate with the committee, its authorized personnel, the Attorney General, and the state auditor in order that the charges of the committee, set forth in this resolution, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately inform itself of the activities of the authority required by this resolution. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems to be in the public interest, submit to the General Assembly a report of its findings and recommendations based upon the review of the operations of the Fulton-DeKalb Hospital Authority, as set forth in this resolution.
31-7-418.
In the discharge of its duties, the committee shall evaluate the performance of the authority in providing public health care services consistent with the following criteria:
(1) Delivery of services;
(2) Prudent, legal, and accountable expenditure of public funds;
(3) Responsiveness to community needs and community desires; and
(4) Efficient operation.
31-7-419.
(a) The committee is authorized to expend state funds available to the committee for the discharge of its duties.

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(b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.

(c) The funds necessary for the purposes of this resolution shall come from the funds appropriated to and available to the legislative branch of government.'"

Senator Hooks of the 14th asked the President to rule on the germaneness of the Johnson amendment.

The President ruled the Johnson amendment not germane.

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun
Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HR 850. By Representative Bordeaux of the 151st:

A resolution creating the Joint House and Senate Long-Term Care Industry Study Committee; and for other purposes.

Senate Sponsor: Senator Thomas of the 10th.

The Senate Rules Committee offered the following substitute to HR 850: A RESOLUTION

Creating the Joint Long-term Care Industry Study Committee; and for other purposes.

WHEREAS, Georgia has experienced significant problems with recruiting, training, and retaining long-term care services workers in nursing homes, personal care homes, home health agencies, and other long-term care services; and

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WHEREAS, barriers to providing adequate staff to provide quality care for long-term care consumers include issues concerning training and qualifications, salaries, benefits, child care, transportation, recruitment, status, supervision, reimbursement allocations, government budgets, labor market forces, and other concerns; and
WHEREAS, the state should encourage the development and implementation of programs for high school and vocational and technical students to prepare them for careers in the long-term care industry; and
WHEREAS, a number of states are studying ways to improve care for long-term care consumers.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Long-term Care Industry Study Committee to be composed of 23 members. The President of the Senate shall appoint three members of the Senate as members of the committee and shall designate one of such committee members as cochairperson. The President of the Senate shall also appoint an additional six members as follows: one advocate for long-term care consumers and one representative from each of the following service groups: for profit nursing homes, personal care homes, community care service providers, registered professional nurses, and long-term care ombudsmen. The Speaker of the House of Representatives shall appoint three members of the House as members of the committee and shall designate one of such committee members as cochairperson. The Speaker shall also appoint an additional six members as follows: one consumer of long-term care services or a family member of such consumer and one representative from each of the following service groups: licensed clinical social workers, not for profit nursing homes, home health agencies, certified nursing assistants, and geriatricians. In addition, the State School Superintendent, or the designee thereof, and the commissioners, or their designees, of the following state departments shall serve on the committee: Department of Labor, Department of Human Resources, Department of Community Health, and Department of Technical and Adult Education. The cochairpersons 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 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 research offices of the Senate and House of Representatives shall provide staff support to the committee. Legislative members shall receive the allowances authorized for legislative members of interim legislative committees. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 of the Official Code of Georgia Annotated as well as the mileage or transportation allowance authorized for state employees. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and House of Representatives. The expenses and allowances authorized by this paragraph shall not be received by any member of the committee for more than five days unless additional days are authorized. An interim report of the committee's progress shall be made on or before December 1, 2000. A final report of the committee's findings and recommendations, including suggestions for proposed legislation, if any, shall be made on or before December 1, 2000. The committee shall stand abolished on December 1, 2000.
Senator Thomas of the 10th offered the following amendment:
Amend the Senate Rules Committee substitute to HR 850 by striking lines 21 through 37 of page 1 and lines 1 and 2 of page 2 and inserting in their place the following:
"Industry Study Committee to be composed of 15 members. The President of the Senate shall appoint one member of the Senate as cochairperson of the committee. The President of the Senate shall also appoint an additional four members, with one representative from each of the following service groups: personal care homes, community care

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service providers, registered professional nurses, and long-term care ombudsmen. The Speaker of the House of Representatives shall appoint one member of the House as cochairperson of the committee. The Speaker shall also appoint an additional four members as follows: one consumer of long-term care services or a family member of such consumer and one representative from each of the following service groups: nursing homes, home health agencies, and certified nursing assistants. In".

On the adoption of the amendment, the yeas were 37, nays 0, and the amendment to the committee substitute was adopted.
On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

N Hamrick Harbison
Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T
Ragan Y Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the resolution, the yeas were 46, nays 4.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

HB 1363. By Representatives Randall of the 127th, Buckner of the 95th, McKinney of the 51st and others:

A bill to be entitled an Act to amend Article 5 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state records management, so as to increase the membership of the State Records Committee by adding a representative of a governing body as a member of the State Records Committee; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Brown of the 26th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch

Y Hamrick Y Harbison

Y Price,R Y Price,T

Monday, March 20, 2000

1885

Y Bowen Y Broun Y Brown N Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed. HB 1405. By Representatives Connell of the 115th, Williams of the 114th and Harbin of the 113th:
A bill to be entitled an Act to amend Code Section 15-11-39 of the Official Code of Georgia Annotated, relating to transfer to another court for prosecution and termination of juvenile court jurisdiction, so as to lower from 15 to 13 years the age at which a juvenile may be transferred to another court; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Kemp of the 3rd. The Senate Judiciary Committee offered the following amendment: Amend HB 1405 by striking "15-11-39" in lines 1 and 11 of page 1 and inserting in lieu thereof "15-11-30.2". By striking lines 25 and 26 of page 1 and inserting in lieu thereof the following: "held in conformity with Code Sections 15-11-28, 15-11-30, and 15-11-31; 15-11-41, 15-11-6, and 15-11-7;". On the adoption of the amendment, the yeas were 42, nays 0, and the committee amendment was adopted. Senator Cheeks of the 23rd offered the following amendment: Amend HB 1405 by inserting on line 4 of page 1, following the words "so as to", the following: "provide a short title; to". By inserting immediately following line 10 of page 1 the following: "This Act shall be known as the 'Linda Gail Hendrick Act.'
SECTION 2." By redesignating Section 2 as Section 3.

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On the adoption of the amendment, the yeas were 38, nays 0, and the Cheeks amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

The following bill was taken up to consider House action thereto:

HB 814. By Representatives Orrock of the 56th, Hegstrom of the 66th and West of the 101st:

A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing of practitioners of acupuncture; and for other purposes.

Senator James of the 35th moved that the Senate insist on its substitute to HB 814.

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 814.

The following bill was taken up to consider House action thereto:

HB 1619. By Representatives Barnes of the 97th, Benefield of the 96th, Porter of the 143rd and others:

A bill to be entitled an Act to amend Code Section 20-3-519.7 of the Official Code of Georgia Annotated, relating to PROMISE teacher's scholarships, so as to change the requirements for eligibility for the scholarship and define certain terms; to repeal conflicting laws; and for other purposes.

Senator Cable of the 27th moved that the Senate insist on its amendment to HB 1619.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1619.
The Calendar was resumed.

Monday, March 20, 2000

1887

HB 1601. By Representative Connell of the 115th:

A bill to be entitled an Act to amend Code Section 44-14-320 of the Official Code of Georgia Annotated, relating to establishment of certain liens and removal of nonconforming liens, so as to expressly prohibit accepting for filing, indexing, or recording any nonconforming lien; to provide procedures for expedited cancellation of nonconforming liens filed against government officials or employees based upon the performance or nonperformance of their official duties; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Ray of the 48th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1224. By Representatives Stancil of the 16th and Royal of the 164th:

A bill to be entitled an Act to amend Code Section 48-5-442 of the Official Code of Georgia Annotated, relating to the uniform evaluation of motor vehicles, so as to change certain provisions regarding the state revenue commissioner's determination of the valuation of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Ladd of the 41st.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

February 16, 2000

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The Honorable Thomas B. Buck, III, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1224 (LC 18 9901)
Dear Chairman Buck:
This Bill would change the method of evaluation of taxable values of motor vehicles used by the revenue commissioner in preparing tables of motor vehicle assessments for distribution to local taxing officials. Instead of current fair market value as used presently, the evaluation would reflect the average of the current fair market value and the current wholesale value for each vehicle. The new approach would become effective when the Bill was passed and signed into law.
The current fair market values of motor vehicles are taken to equal the average retail prices at which vehicles sell. The wholesale prices, similarly, are taken to equal the average trade-in values in vehicle exchanges. Both average retail prices and average wholesale prices for the various models and vehicle ages are reported by several organizations, perhaps the best known among them being the National Automobile Dealers Association (NADA). To arrive at a measure of the impact of the proposed substitution of measures, a random sample of 1,500 motor vehicle sales has been drawn from data covering 10,500 sales of automobiles, light trucks, vans, and sport utility vehicles occurring in the southeast in 1998. The NADA retail and wholesale prices for each of the vehicles represented in the sample have been determined and averaged and these averages have been reduced by 60 percent to give the relevant assessed values. The NADA retail values have been similarly reduced. The millage rate which when applied to the aggregate assessed value of motor vehicles in 1998 yields the 1998 motor vehicle ad valorem revenues has then been determined (31.7 mils). It has been applied to the total assessed values in the sample based, first, on retail prices and, second, on the average of the retail and wholesale prices. The tax revenues in the sample for the retail approach (the present approach using current market value) have then been expanded to yield the revenue from property taxes on motor vehicles in Georgia in 1998. This expansion factor in turn has been applied to the sample revenues for the retail-wholesale averaging method. A comparison of the tax revenues under the present evaluation method and those under the evaluation method of the Bill then becomes possible. Obviously, this analysis does not assess how the current evaluation used by the revenue commissioner accords with that in which average retail prices become current market values. The comparison is then not necessarily reflective of the revenue change which the use of a retail-wholesale average implies.
For the tax-year 2001, the Bill would likely reduce revenues from ad valorem taxes on motor vehicles by 7.1 percent. Building on the growth trend in assessed values from 1996 to 1998, the revenue loss for governments levying ad valorem taxes on motor vehicles in tax-year 2001 will be roughly $36 to $40 million. The range of uncertainty ties to sampling error. The mixture of vehicles in sales in the southeast may differ from that of vehicles registered in the state and also the sample may not fully represent the sales set from which it was drawn.
Sincerely,
/s/ Russell W. Hinton State Auditor
/s/ Bill Tomlinson, Director Office of Planning and Budget
Senator Thomas of the 10th offered the following amendment:
Amend HB 1224 (LC 18 9901) by deleting lines 23 and 24 on page 2 and inserting in lieu thereof the following:

Monday, March 20, 2000

1889

"This Act shall become effective January 1, 2001."

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1412. By Representative Richardson of the 26th:
A bill to be entitled an Act to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to require the Department of Corrections to notify the sentencing judge, sheriff, and victims when an inmate is released; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Hecht of the 34th.

The Senate Corrections, Correctional Institutions and Property Committee offered the following amendment:

Amend HB 1412 by striking "first-class mail" and inserting in its place " mail or electronic transmission" on line 2 of page 2 and by striking line 7 of page 2 and inserting in its place the following:
"liability or sanctions to the department related to notification or failure to notify shall lie against the department, its officers, or employees if".
On the adoption of the amendment, the yeas were 40, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue
Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended. HR 1208. By Representatives Murphy of the 18th, Cummings of the 27th, Connell of the 115th and others:

A resolution creating the Committee for the Celebration of 250 Years of Representative Government in Georgia; and for other purposes.

Senate Sponsor: Senator Dean of the 31st.

The report of the committee, which was favorable to the adoption of the resolution was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush N Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

N Hamrick Y Harbison
Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd N Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

N Price,R Price,T
Y Ragan Ray
Y Scott Y Smith Y Starr N Stephens
Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker N Williams

On the adoption of the resolution, the yeas were 37, nays 10.

Monday, March 20, 2000

1891

The resolution, having received the requisite constitutional majority, was adopted.
HB 646. By Representatives Childers of the 13th and Jones of the 71st:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the licensing of end stage renal disease facilities; to provide for definitions, fees, and rules; to provide for exemptions; to provide licensing standards; to provide for regulation of dialysis technicians; and for other purposes.
Senate Sponsor: Senator Ragan of the 11th.
The Senate Health and Human Services Committee offered the following substitute to HB 646:
A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the licensing of end stage renal disease facilities; to provide for definitions, fees, and rules; to provide for an advisory council, and its members, terms, compensation, and powers; to provide for exemptions; to provide licensing standards and procedures; to provide for regulation of dialysis and reuse technicians; to provide for inspections; to provide for penalties; to provide for disciplinary actions, civil penalties, injunctions, and administrative penalties; to provide for general fund deposits; to provide for appointment of temporary managers and the conditions and procedures relating thereto; to provide for effective dates; to provide for automatic repeal; 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 adding at the end a new chapter to read as follows:
"CHAPTER 43
31-43-1.
As used in this chapter, the term:
(1) 'Dialysis' means a process by which dissolved substances are removed from a patient's body by diffusion, osmosis, and convection (ultrafiltration) from one fluid compartment to another across a semi-permeable membrane.
(2) 'Dialysis technician' means an individual who is not a registered nurse or physician and who provides dialysis care under the supervision of a registered nurse or physician.
(3) 'End stage renal disease' means that stage of renal impairment that appears irreversible and permanent and that requires a regular course of dialysis or kidney transplantation to maintain life.
(4) 'End stage renal disease facility' means a facility that provides dialysis treatment, home dialysis training, support services, or any combination thereof to individuals with end stage renal disease.
(5) 'Physician' means an individual who is licensed to practice medicine under Article 2 of Chapter 34 of Title 34.
(6) 'Reuse technician' means an individual who is not a registered nurse or licensed physician who performs the procedures necessary to clean and properly prepare kidney dialyzers for use for multiple treatments.
31-43-2.

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The board shall set fees imposed by this chapter in amounts reasonable and necessary to defray the costs of administering this chapter with due consideration to the amount of funds received from the federal government by the department for performance of medicare certification surveys of dialysis clinics. In setting fees under this Code section, the board shall consider setting a range of license and renewal fees based upon the number of dialysis stations at each facility, but in no event shall the annual license fee exceed $1,500.00 per end stage renal disease facility.
31-43-3.
(a) The board shall adopt rules to implement this chapter, including but not limited to requirements for the issuance, renewal, denial, suspension, and revocation of a license to operate an end stage renal disease facility. The rules adopted by the board pursuant to this Code section shall not conflict with any federal law or regulation applicable to end stage renal disease facilities or personnel thereof and shall set forth minimum standards for the health, safety, and protection of the patient being served.
(b) The department shall establish a Renal Dialysis Advisory Council to advise the department regarding licensing and inspection of end stage renal disease facilities. The council shall be composed of a minimum of 13 persons appointed by the board: one member recommended by the Dogwood Chapter of the American Nephrology Nurses Association; one member recommended by the Georgia Chapter of the American Association of Kidney Patients; two physicians specializing in nephrology recommended by the Georgia Renal Physicians Association; one member recommended by the National Kidney Foundation of Georgia; two administrators of facilities certified as outpatient dialysis facilities in Georgia; three members of the general public, two of whom shall be dialysis patients or family members of dialysis patients; one member representing technicians working in renal dialysis facilities; one member representing social workers working in renal dialysis facilities; and one member representing nutritionists working in renal dialysis facilities.
(c) Members of the council shall serve four-year terms and until their successors are appointed and qualified. No member of the council shall serve more than two consecutive terms. The council shall meet as frequently as the department considers necessary, but not less than twice each year. The council shall be consulted and have the opportunity to evaluate all rules promulgated by the department under this chapter applicable to end stage renal disease facilities prior to their adoption. Members shall serve without compensation.
31-43-4.
Except as provided by Code Section 31-43-5, no person, business entity, corporation, or association may operate an end stage renal disease facility without a license issued under this chapter. Any end stage renal disease facility which is in operation when this chapter becomes effective for all purposes, and which has been certified for participation in the federal medicare program shall be granted a license by the department upon payment of the applicable license fee. A license shall be effective for a 12 month period following the date of issue and shall expire one year following such date; provided, however, a facility that has not been inspected during the year may continue to operate under its existing license until an inspection is made.
31-43-5.
The following facilities are not required to be licensed under this chapter:
(1) A hospital permitted under Chapter 7 of this title that provides dialysis to individuals receiving inpatient services from the hospital;
(2) The office of a physician unless the office is used primarily as an end stage renal disease facility; or
(3) Federal or state agency facilities.
31-43-6.

Monday, March 20, 2000

1893

(a) An applicant for a license under this chapter must submit an application to the department on a form prescribed by the department.
(b) Each application must be accompanied by a nonrefundable $100.00 application fee.
(c) Each application must contain evidence that there are sufficient qualified staff at the facility.
(d) The department may grant a temporary provisional license to an applicant.
(e) The department shall issue a license if it finds the applicant meets the requirements of this chapter and the rules adopted under this chapter.
(f) The license is renewable periodically after submission of:
(1) The renewal application and fee; and
(2) Satisfactory compliance with the rules adopted under this chapter.
31-43-7.
The rules adopted under Code Section 31-43-3 must contain minimum standards to protect the health and safety of a patient of an end stage renal disease facility.
31-43-8.
An end stage renal disease facility may not employ or have working in that facility as a dialysis or reuse technician anyone other than an individual trained and competent pursuant to the rules promulgated under this chapter.
31-43-9.
The rules adopted by the board under Code Section 31-43-3 shall establish:
(1) Minimum standards for the curricula and instructors used to train individuals to act as dialysis or reuse technicians;
(2) Minimum standards for the determination of the competency of individuals who have been trained as dialysis or reuse technicians;
(3) Minimum requirements for documentation that an individual has been trained and determined to be competent as a dialysis or reuse technician and the acceptance of that documentation by another end stage renal disease facility that may later employ the individual; and
(4) The acts and practices that are allowed or prohibited for dialysis or reuse technicians.
31-43-10.
(a) The department shall conduct periodic inspections of each end stage renal disease facility to verify compliance with this chapter and rules adopted under this chapter.
(b) An inspection conducted under this Code section shall be unannounced, except for initial inspections, location changes, or expansions.
31-43-11.

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JOURNAL OF THE SENATE

(a) The department is authorized to issue, deny, suspend, or revoke a license issued under this chapter for a violation of this chapter or a rule adopted under this chapter, or take other disciplinary actions against licensees as provided in Code Section 31-2-6.
(b) The denial, suspension, or revocation of a license by the department shall be a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
31-43-12.
A civil or administrative penalty collected under this chapter shall be deposited in the state treasury to the general fund.
31-43-13.
(a) A person holding a controlling interest in an end stage renal disease facility may, at any time, request the department to assume the management of the facility through the appointment of a temporary manager under this chapter.
(b) After receiving the request, the department may enter into an agreement providing for the appointment of a temporary manager to manage the facility under conditions considered appropriate by both parties if the department considers the appointment desirable.
(c) An agreement under this section must:
(1) Specify all terms and conditions of the temporary manager's appointment and authority; and
(2) Preserve all rights granted by law of the individuals served by the facility.
(d) The primary duty of the temporary manager is to ensure that adequate and safe services are provided to patients until temporary management ceases.
(e) The appointment terminates at the time specified by the agreement.
31-43-14.
The department may request that the Attorney General bring an action to enjoin either the continued operation of the facility or the closing of the facility in the superior court of the county in which an end stage renal disease facility is located in the name of and on behalf of the state or for the appointment of a temporary manager to manage that end stage renal disease facility if:
(1) The facility is operating without a license;
(2) The department has denied, suspended, or revoked the facility's license, but the facility continues to operate;
(3) License denial, suspension, or revocation proceedings against the facility are pending and the department determines that an imminent or reasonably foreseeable threat to the health and safety of a patient of the facility exists;
(4) The department determines that an emergency exists that presents an immediate threat to the health and safety of a patient of the facility; or
(5) The facility is closing and arrangements for the care of patients by other licensed facilities have not been made before closure.
31-43-15.

Monday, March 20, 2000

1895

(a) A temporary manager appointed under Code Section 31-43-13 or 31-43-14 is entitled to a reasonable fee as determined by the court. The fee shall be paid by the facility.

(b) A temporary manager appointed under Code Section 31-43-13 may petition the court to order the release to such manager of any payment owed such manager for care and services provided to patients of the facility if the payment has been withheld.

(c) Withheld payments that may be released under subsection (b) of this Code section may include payments withheld by a governmental agency or other entity before or during the appointment of the temporary manager, including:

(1) Medicaid, medicare, or insurance payments; or

(2) Payments from another third party."

SECTION 2.

Said title is further amended by striking subsection (a) of Code Section 31-2-6, relating to actions against certain applicants or licensees, and inserting in its place the following:

"(a) This Code section shall be applicable to any agency, facility, institution, or entity subject to regulation by the department under Chapters 7, 13, 22, and 23, and 43 of this title and Chapter 5 of Title 49. For purposes of this Code section, the term 'license' shall be used to refer to any license, permit, registration, or commission issued by the department pursuant to the provisions of the law cited in this subsection."

SECTION 3.

This Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective for purposes of establishing rules and regulations when funds so appropriated become available for expenditure and shall become effective for all other purposes on the ninety-first day following the date such funds become so available.

SECTION 4.

This Act shall be automatically repealed at the end of the fifth calendar year following the date this Act has become effective for all purposes.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.

Senator Ragan of the 11th offered the following amendment:

Amend the committee substitute to HB 646 by striking "inpatient" on line 3 of page 4.

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment to the substitute was adopted.

On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch
Bowen

Y Hamrick Y Harbison Y Hecht

Y Price,R Y Price,T Y Ragan

1896

JOURNAL OF THE SENATE

Y Broun Y Brown Y Brush
Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Ray Scott
Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 47, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Kemp of the 3rd moved that the following bill, having been placed on the Table on March 16, be taken from the Table:

HB 1365. By Representatives Barnard of the 154th, Smith of the 103rd and Manning of the 32nd:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; to provide for a short title; to provide for legislative intent; to provide for a definition; to provide for immunity from criminal prosecution in certain circumstances; and for other purposes.
On the motion, the yeas were 25, nays 13; the motion prevailed, and HB 1365 was taken from the Table and placed at the foot of the Senate Rules Calendar for today.
The following bill was taken up to consider House action thereto:
SB 390. By Senators Fort of the 39th, Kemp of the 3rd, Smith of the 25th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for enhanced sentences in any case in which the judge imposing the sentence determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of the actual or perceived race, color, religion, national origin, ancestry, ethnicity, gender, disability, or sexual orientation of the victim or any person associated with the victim, or with the property which is the object of the offense; to provide a short title; to provide procedures under which such enhanced sentences may be sought; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide for enhanced sentences in any

Monday, March 20, 2000

1897

case in which the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense because of bias or prejudice; to provide procedures under which such enhanced sentences may be sought; to provide for other matters relative to the foregoing; to provide 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 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, is amended by adding following Code Section 17-10-16 new Code Sections 17-1017 through 17-10-19 to read as follows:
"17-10-17.
(a) Subject to the notice requirement provided in Code Section 17-10-18 and in enhancement of the penalty imposed, if the trier of fact determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property of the victim as the object of the offense because of bias or prejudice, the judge imposing sentence shall:
(1) If the offense for which the defendant was convicted is a misdemeanor, increase the sentence and the fine normally imposed by the court through court policy or voluntary sentencing guidelines by 50 percent up to the maximum authorized by law;
(2) If the offense for which the defendant was convicted is a misdemeanor of a high and aggravated nature, increase the sentence and fine normally imposed by the court through court policy or voluntary sentencing guidelines by 50 percent up to the maximum authorized by law; or
(3) If the offense for which the defendant was convicted is a felony, increase the sentence normally imposed by the court through court policy or voluntary sentencing guidelines by up to five years, not to exceed the maximum authorized by law.
(b) The judge shall state when the judge imposes the sentence the amount of the increase of the sentence based on the application of subsection (a) of this Code section.
(c) Any person convicted of a felony and given an enhanced sentence under this Act shall not be eligible for any form of parole or early release until such person has served at least 90% of the sentence imposed by the sentencing court.
17-10-18.
At any time after the filing of an indictment or accusation but not later than the arraignment, the state shall notify the defendant of its intention to seek the enhanced penalty or penalties authorized by Code Section 17-10-17. The notice shall be in writing and shall allege the specific factor or factors authorizing an enhanced sentence in the case pursuant to Code Section 17-10-17.
17-10-19.
(a) In a case where notice has been given pursuant to Code Section 17-10-18, the trier of fact shall initially determine the defendant's guilt on the charge or charges. If the trier of fact finds the defendant guilty of such charge or charges, the trial shall immediately be recommenced to receive evidence as is relevant to determine whether the defendant intentionally selected the victim or the property of the victim as the object of the offense as set forth in the notice given pursuant to Code Section 17-10-18.
(b) If the trier of fact determines beyond a reasonable doubt that the defendant so acted, the judge shall enhance the sentence imposed in accordance with the provisions of Code Section 17-10-17."

1898

JOURNAL OF THE SENATE

SECTION 2.

This Act shall become effective on July 1, 2000, and shall apply to offenses committed on or after July 1, 2000.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed. Senator Fort of the 39th moved that the Senate agree to the House substitute to SB 390.

On the motion, a roll call was taken, and the vote was as follows:

N Balfour N Blitch Y Bowen Y Broun Y Brown N Brush N Burton Y Butler N Cable N Cagle
Cheeks N Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden N Guhl

N Hamrick Y Harbison Y Hecht N Hill Y Hooks Y Huggins N Jackson Y James N Johnson,E Y Kemp
Ladd N Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray
Scott Y Smith Y Starr N Stephens Y Stokes Y Streat
Tanksley Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the motion, the yeas were 32, nays 18: the motion prevailed, and the Senate agreed to the House substitute to SB 390.
The following communication was received by the Secretary:
The State Senate Atlanta, Georgia 30334
March 21, 2000

I am submitting this explanation of my vote in favor of the House amendment to S.B. 390 pursuant to Senate rule 177 and as the sponsor of S.B. 390. It is my intent that S.B. 390 punish defendants who select their victims based on the victim's actual or perceived race, color, religion, national origin, ancestry, ethnicity, gender, disability, or sexual orientation. I agreed to the changes made in the House which eliminated the references to specific characteristics so that the list would not be limiting. By accepting general language as opposed to listing different characteristics I am seeking not to exclude any group. Therefore, by agreeing to the amendment, it is my intent to include the characteristics in the original bill and others.
Additionally, I have accepted the amendment language to eliminate any misunderstanding about the bill's application. Some legislators believed that the only groups protected by the bill are people who are commonly thought to be discriminated against. It is my intent that if a black person attacks a white person because of prejudice

Monday, March 20, 2000

1899

or bias the attacker would be given an enhanced penalty as would a white who attacks a black because of bias or prejudice. If a Christian or Jew is attacked by someone because of their religion then the perpetrator could be punished for committing a crime motivated by bias or prejudice. The bill would apply if the perpetrator chose the victim based on the perpetrator's bias or prejudice against the victim's group.
Sincerely,
/s/ Vincent D. Fort State Senator
The following resolution was read and put upon its adoption:
HR 1427. By Representatives Skipper of the 137th and Walker of the 141st:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn on Monday, March 20, 2000, when the Senate and House complete their calendars and shall reconvene on Wednesday, March 22, 2000, and that as authorized by Code Section 28-1-2, the hour for convening the Senate on such Wednesday may be as ordered by the Senate; and the hour for convening the House on such Wednesday may be as ordered by the House.
On the adoption of the resolution, the yeas were 48, nays 0, and the resolution was adopted.
At 6:25 p.m. the President announced that the Senate would stand in recess until 7:00 p.m.
At 7:00 p.m. the President called the Senate to order.
The Calendar was resumed.
HB 1381. By Representatives Watson of the 70th, Walker of the 141st, Heard of the 89th and others:
A bill to be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risk, and reinsurance, so as to change what is considered to be property insurance; to require that only surety insurers authorized to transact business in this state may issue certain surety bonds; to provide that certain contracts must list on the cover page the telephone number and contact person for the surety insurer in addition to other information; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Brush of the 24th.
The Senate Defense and Veterans Affairs Committee offered the following substitute to HB 1381:
A BILL
To be entitled an Act to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risk, and reinsurance, so as to change what is considered to be property insurance; to raise certain limits; to require that only surety insurers authorized to transact business in this state may issue certain surety bonds; to provide that certain contracts must list on the cover page the telephone number and contact person for the surety insurer in addition to other information; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

1900

JOURNAL OF THE SENATE

SECTION 1.
Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risk, and reinsurance, is amended by striking Code Section 33-7-6, relating to property insurance, in its entirety and inserting in lieu thereof a new Code section to read as follows:
"33-7-6.
(a) Property insurance is insurance on real or personal property of every kind and interest therein against loss or damage from any or all hazards or causes and against loss consequential upon such loss or damage other than noncontractual legal liability for any such loss or damage. Property insurance shall also include miscellaneous insurance as defined in paragraph (10) of Code Section 33-7-3, except as to any noncontractual liability coverage includable therein.
(b) Property insurance also includes:
(1) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion thereof for the mechanical breakdown or mechanical failure of a motor vehicle and shall include those agreements commonly known as vehicle service agreements or extended warranty agreements, if made by a person other than the motor vehicle manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of a motor vehicle sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or, without regard to the requirement that the insurance cannot be obtained from an insurer authorized to do business in this state as required by Code Section 33-5-21, to an agreement underwritten by a surplus lines insurer which has not been rejected by the Commissioner for such purpose;
(2) Any contract, agreement, or instrument whereby a person assumes the risk of and the expense or portion of such expense for the structural or mechanical breakdown, loss of, or damage to a one-family or two-family residential building structure or any part thereof from any cause, including loss of or damage to or loss of use of the building structure or major components thereof which are attached to and become a part of said structure by reason of depreciation, deterioration, wear and tear, use, obsolescence, or breakage, if made by a person other than the constructing contractor or manufacturer of the building structure or part thereof in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of such building structure sold in conjunction therewith, except that this provision shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or underwritten by a surplus line insurer approved by the Commissioner nor shall this provision apply to an agreement: (A) the performance of which is guaranteed by a surety bond executed by an authorized corporate surety insurer in favor of and approved by the Commissioner in an amount of not less than $100,000.00 $1.5 million; provided further that a surety bond of an additional $100,000.00 shall be required for every additional $500,000.00 in written premium above $2 million in written premium. Any company relying upon one or more bonds pursuant to this subsection shall keep such bonds or equivalent coverage in place until the expiration of the contract, agreement, or instrument contemplated in this paragraph; or (B) notwithstanding with a duration of 13 months or less covering damage to or loss of use of the major appliances located in an existing or resold home where the performance of any covered repair is guaranteed by a surety bond executed by a corporate surety insurer authorized to offer surety insurance in this state in favor of the Commissioner and in an amount which in the discretion of the Commissioner will provide adequate protection to all the residents of this state who are covered by such agreements, provided that such amount shall not be less than $100,000; or
(3) Any contract, agreement, or instrument, other than an agreement, contract, or instrument covered by paragraphs (1) and (2) of this subsection, whereby a person assumes the risk of and the expense or portion thereof for the cost of repair or replacement of a product if such contract, agreement, or instrument is made by a person other than the manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of the product sold in conjunction therewith, except that this provision shall not apply to:

Monday, March 20, 2000

1901

(A) An agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract;

(B) Any contract, agreement, or instrument relating to similar services furnished by any air carrier that provides interstate air transportation;

(C) Any tire replacement contract, agreement, or instrument; or

(D) A contract, agreement, or instrument whereby a retailer in the business of selling electrical or electronic consumer products assumes the risk of and the expense or portion thereof for the cost of repair or replacement of electrical or electronic consumer products where such contract, agreement, or instrument is guaranteed by a surety bond executed by an authorized corporate a corporate surety insurer authorized to offer surety insurance in this state in favor of and approved by the Commissioner in an amount of not less than $100,000.00.

(c)(1) Any contract, agreement, or instrument, as defined in paragraphs (1), (2), and (3) of subsection (b) of this Code section, shall state clearly and conspicuously on the cover page the name and address of the insurer which has underwritten the contract, agreement, or instrument, either directly or through a reinsurance contract. Any contract, agreement, or instrument as defined in paragraphs (2) and (3) of subsection (b) of this Code section, the performance of which is guaranteed by a surety insurer, shall state clearly and conspicuously on the cover page the name, and address, telephone number, and principal contact person of the surety insurer.

(2) In the event a contract, agreement, or instrument is issued by a party other than an insurer so that the holder thereof, in the first instance, must make a claim or request for refund pursuant to paragraph (3) of this subsection against a party other than the insurer, the contract, agreement, or instrument shall provide that the holder shall be entitled to make a direct claim against the insurer upon the failure of the issuer to pay any claim or to refund the consideration paid by the holder for the contract, agreement, or instrument within 60 days after proof of loss has been filed with the issuer.

(3) The contract, agreement, or instrument shall be noncancelable by the issuer except for fraud, material misrepresentation, or failure to pay the consideration due therefor. The cancellation shall be in writing and shall conform to the requirements of Code Section 33-24-44. The holder may cancel at any time upon demand and surrender of the contract, agreement, or instrument whereupon the issuer shall refund the excess of the consideration paid for the contract, agreement, or instrument above the customary short rate for the expired term of the contract, agreement, or instrument.

(d) The Commissioner shall have the power and authority to promulgate rules and regulations regarding vehicle service agreements or extended warranty agreements as described in paragraph (1) of subsection (b) of this Code section. Such rules and regulations shall include filing requirements, disclosures for the benefit of the agreement holder, record keeping, and procedures for public complaints. Such rules and regulations shall also include the conditions under which surplus lines insurers may be rejected for the purpose of underwriting vehicle service agreements and extended warranty agreements."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun

Y Hamrick Y Harbison Y Hecht Y Hill

Y Price,R Y Price,T
Ragan Y Ray

1902

JOURNAL OF THE SENATE

Brown Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson Walker Y Williams

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 340. By Representative Wiles of the 34th:

A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage; and for other purposes.

Senate Sponsor: Senator Egan of the 40th.

Senator Ray of the 48th offered the following amendment:

Amend HB 340 by striking the symbol and number "$25.00" on line 15 of page 1 and inserting in lieu thereof "$10.00 $25.00".

By striking lines 18 through 23 of page 1 and inserting in lieu thereof the following:

"be demanded as a condition precedent to attendance; but, when a witness resides outside the county where the testimony is to be given, service of the subpoena, to be valid, must be accompanied by tender of the fee for one day's".
On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun
Brown Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks

Y Hamrick Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley

Monday, March 20, 2000

1903

Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson Walker Y Williams

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1197. By Representatives Purcell of the 147th, Walker of the 141st, Ashe of the 46th and McClinton of the 68th:

A bill to be entitled an Act to amend Chapter 5 of Title 8 of the Official Code of Georgia Annotated, relating to art in state buildings, so as to change a definition; to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to public property, so as to create the Georgia Art Policy Committee; to provide for the appointment of members; to provide for meetings and expenses; to provide for powers and duties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Broun of the 46th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun
Brown Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr
Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Thomas,N Thomas,R Y Thompson Walker Y Williams

On the passage of the bill, the yeas were 48, nays 0.

The bill, having received the requisite constitutional majority, was passed.

1904

JOURNAL OF THE SENATE

HB 767. By Representative Mosley of the 171st:

A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system may obtain creditable service for prior service as a temporary full-time employee; and for other purposes.

Senate Sponsor: Senator Butler of the 55th.

The following Fiscal Notes as required by law, were read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

January 25, 2000

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT:

State Auditor's Certification House Bill 767 (LC 21 5359) Substitute (LC 21 5753S)

Dear Chairman Cummings:

This substitute bill would allow members of the Employees' Retirement System to obtain up to 12 months of creditable service for service as a temporary full-time employee at any time prior to becoming a member. Creditable service could not be obtained for time the member was covered under the Georgia Defined Contribution Plan. To obtain creditable service in ERS, the member must submit an application to the board of trustees no later than June 30, 2001, or 24 months after becoming a member of ERS, whichever is later. In addition, the member would be required to pay to the board of trustees the necessary employer and employee contributions, with interest.

This is to certify that the changes made in this substitute bill are a reduction in cost amendment as defined in the Public Retirement Systems Standards Law.

Sincerely,

/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 7, 2000
Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

Monday, March 20, 2000

1905

SUBJECT: Actuarial Investigation House Bill 767 (LC 21 5753S) Employees' Retirement System
Dear Chairman Cummings:
This substitute bill would allow members of the Employees' Retirement System to obtain up to 12 months of creditable service for service as a temporary full-time employee at any time prior to becoming a member. Creditable service could not be obtained for time the member was covered under the Georgia Defined Contribution Plan. To obtain creditable service in ERS, the member must submit an application to the board of trustees no later than June 30, 2001, or 24 months after the person became a member of the Employees' Retirement System, whichever is later. In addition, the member would be required to pay to the board of trustees the necessary employee and employer contributions, with interest.
The first year cost of this legislation would be $92,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. The first year cost represents .004% of the current projected payroll of $2,300,000,000 and is the cost required each year for the next 20 years to amortize the unfunded actuarial accrued liability. This estimate is based on the assumption that 10% of the System's members will be eligible and will each purchase two months of creditable service. The cost of this legislation would increase if a greater percentage of members elect to purchase creditable service. The estimated cost is based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs would be paid through state appropriations.
The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-2036 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.
(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.
(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.
(4) The amount of the annual normal cost which will result from the bill.

(5)

The employer contribution rate currently in effect.

(6)

The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(7)

The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$ 1,336,000 $ 92,000
20 $0
14.50%
14.50%
$ 92,000

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/s/ Russell W. Hinton State Auditor

1906

JOURNAL OF THE SENATE

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan
Ray Scott Y Smith Y Starr Y Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Thompson Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed. HB 1469. By Representatives Smith of the 175th and Smith of the 169th:

A bill to be entitled an Act to provide a homestead exemption from Charlton County ad valorem taxes for county purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that county who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Blitch of the 7th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley

Monday, March 20, 2000

1907

Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the House:

HB 1305.

By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to provide an exemption from Catoosa County School District ad valorem taxes up to $75,000.00 on the value of the homestead of residents of that county who are totally disabled and whose annual net income does not exceed $14,000.00.

HB 1309.

By Representatives Clark of the 3rd and Snow of the 2nd:
A bill to provide an exemption from Catoosa County ad valorem taxes for county purposes up to $75,000.00 of the value of the homestead of residents of that county who are totally disabled and whose annual net income does not exceed $14,000.00.

HB 1661.

By Representative Joyce of the 1st:
A bill to provide for a homestead exemption from certain Dade County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

HB 1662.

By Representative Joyce of the 1st:
A bill to provide for a homestead exemption from certain Dade County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead.

HB 1721.

By Representatives Joyce of the 1st, Snow of the 2nd and Reece of the 11th:
A bill to provide for a homestead exemption from certain Walker County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead.

1908

JOURNAL OF THE SENATE

HB 1722.

By Representatives Joyce of the 1st, Snow of the 2nd and Reece of the 11th:

A bill to provide for a homestead exemption from certain Walker County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead.

The following bills of the House were read the first time and referred to committee:

HB 1305. By Representative Clark of the 3rd:

A bill to be entitled an Act to provide an exemption from Catoosa County School District ad valorem taxes up to $75,000.00 on the value of the homestead of residents of that county who are totally disabled and whose annual net income does not exceed $14,000.00; to provide for conditions and procedures relating thereto; to provide for a referendum for approval or rejection; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1309. By Representative Clark of the 3rd:

A bill to be entitled an Act to provide an exemption from Catoosa County ad valorem taxes for county purposes up to $75,000.00 of the value of the homestead of residents of that county who are totally disabled and whose annual net income does not exceed $14,000.00; to provide for conditions and procedures relating thereto; to provide for a referendum for approval or rejection; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1661. By Representative Joyce of the 1st:

A bill to be entitled an Act to provide for a homestead exemption from certain Dade County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1662. By Representative Joyce of the 1st:

A bill to be entitled an Act to provide for a homestead exemption from certain Dade County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Referred to the Committee on State and Local Governmental Operations.

HB 1721. By Representatives Joyce of the 1st, Snow of the 2nd and Reece of the 11th:

A bill to be entitled an Act to provide for a homestead exemption from certain Walker County School District ad valorem taxes for educational purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating

Monday, March 20, 2000

1909

thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
HB 1722. By Representatives Joyce of the 1st, Snow of the 2nd and Reece of the 11th:
A bill to be entitled an Act to provide for a homestead exemption from certain Walker County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Referred to the Committee on State and Local Governmental Operations.
The Calendar was resumed.
HB 1079. By Representative Shanahan of the 10th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to the governments, so as to define certain terms; to provide that all public works construction contracts entered into by a governmental agency shall be in writing and entered into minutes; and for other purposes.
Senate Sponsor: Senator Ray of the 48th.
The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1079:
A BILL
To be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to define certain terms; to provide that all public works construction contracts entered into by a governmental entity shall be in writing and available for public inspection; to provide for the letting of public works construction contracts by competitive bid or competitive proposal; to provide for notice; to provide for addenda; to provide for prequalification of prospective bidders; to provide for bonding requirements; to provide for bid bonds; to provide for the withdrawal of bids; to provide for performance bonds; to provide for payment bonds; to provide for penalties; to repeal portions of Chapter 10 of the Official Code of Georgia Annotated, relating to public works contracts; to repeal Article 4 of Chapter 82 of the Official Code of Georgia Annotated, relating to bonds for public contractors; to repeal Chapter 84 of the Official Code of Georgia Annotated, relating to competition for public works; to amend Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other securities; to change certain cross-references throughout Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries; 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.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by inserting at the end thereof a new chapter to read as follows:
"CHAPTER 91
ARTICLE 1
36-91-1.

1910

JOURNAL OF THE SENATE

As used in this chapter, the term:
(1) 'Bid bond' means a bond with good and sufficient surety or sureties for the faithful acceptance of the contract payable to, in favor of, and for the protection of the governmental entity for which the contract is to be awarded.
(2) 'Change order' means an alteration, addition, or deduction from the original scope of work as defined by the contract documents to address changes or unforeseen conditions necessary for project completion.
(3) 'Competitive sealed bidding' means a method of soliciting public works construction contracts whereby the award is based upon the lowest responsive, responsible bid in conformance with the provisions of subsection (b) of Code Section 36-91-21.
(4) 'Competitive sealed proposals' means a method of soliciting public works contracts whereby the award is based upon criteria identified in a request for proposals in conformance with the provisions of subsection (c) of Code Section 36-91-21.
(5) 'Emergency' means any situation resulting in imminent danger to the public health or safety or the loss of an essential governmental service.
(6) 'Governing authority' means the official or group of officials responsible for governance of a governmental entity.
(7) 'Governmental entity' means a county, municipal corporation, consolidated government, authority, board of education, or other public board, body, or commission but shall not include any authority, board, department, or commission of the state, or a public transportation agency as defined by Chapter 9 of Title 32.
(8) 'Payment bond' means a bond with good and sufficient surety or sureties payable to the governmental entity for which the work is to be done and intended for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the public works construction contract.
(9) 'Performance bond' means a bond with good and sufficient surety or sureties for the faithful performance of the contract and to indemnify the governmental entity for any damages occasioned by a failure to perform the same within the prescribed time. Such bond shall be payable to, in favor of, and for the protection of the governmental entity for which the work is to be done.
(10) 'Public works construction' means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to any public real property other than those projects covered by Chapter 4 of Title 32. Such term does not include the routine operation, repair, or maintenance of existing structures, buildings, or real property.
(11) 'Responsible bidder' or 'responsible offeror' means a person or entity that has the capability in all respects to perform fully and reliably the contract requirements.
(12) 'Responsive bidder' or 'responsive offeror' means a person or entity that has submitted a bid or proposal that conforms in all material respects to the requirements set forth in the invitation for bids or request for proposals.
(13) 'Scope of project' means the work required by the original contract documents and any subsequent change orders required or appropriate to accomplish the intent of the project as described in the bid documents.
(14) 'Scope of work' means the work that is required by the contract documents.
(15) 'Sole source' means those procurements made pursuant to a written determination by a governing authority that there is only one source for the required supply, service, or construction item.

Monday, March 20, 2000

1911

ARTICLE 2
36-91-20.
(a) All public works construction contracts subject to this chapter entered into by a governmental entity with private persons or entities shall be in writing and on file and available for public inspection at a place designated by such governmental entity. Municipalities and consolidated governments shall execute and enter into contracts in the manner provided in applicable local legislation or by ordinance.
(b) Prior to entering into a public works construction contract other than those exempted by Code Section 36-91-22, a governmental entity shall publicly advertise the contract opportunity. Such notice shall be posted conspicuously in the governing authority's office and shall be advertised in the legal organ of the county or by electronic means on an Internet website of the governmental entity or an Internet website identified by the governmental entity. Contract opportunities shall be advertised a minimum of two times, with the first advertisement occurring at least four weeks prior to the opening of the sealed bids or proposals. The second advertisement shall follow no earlier than two weeks from the first advertisement. Plans and specifications shall be available on the first day of the advertisement and shall be open to inspection by the public. The advertisement shall include such details and specifications as will enable the public to know the extent and character of the work to be done. All required notices of advertisement shall also advise of any mandatory prequalification requirements or pre-bid conferences as well as any federal requirements pursuant to subsection (d) of Code Section 36-91-22.
(c) Governmental entities are authorized to utilize any construction delivery method, provided that all public works construction contracts subject to the requirements of this chapter that place the bidder or offeror at risk for construction and require labor and building materials in the execution of the contract shall be awarded on the basis of competitive sealed bidding or competitive sealed proposals. Governmental entities shall have the authority to reject any and all bids or proposals and to waive technicalities and informalities.
(d) No governmental entity shall issue or cause to be issued any addenda modifying plans and specifications within a period of 72 hours prior to the advertised time for the opening bids or proposals, excluding Saturdays, Sundays, and legal holidays. However, if the necessity arises to issue an addendum modifying plans and specifications within the 72 hour period prior to the advertised time for the opening of bids or proposals, excluding Saturdays, Sundays, and legal holidays, then the opening of bids or proposals shall be extended at least 72 hours, excluding Saturdays, Sundays, and legal holidays, from the date of the original bid or proposal opening without need to readvertise as required by subsection (b) of this Code section.
(e) Bid and contract documents may contain provisions authorizing the issuance of change orders, without the necessity of additional requests for bids or proposals, within the scope of the project when appropriate or necessary in the performance of the contract. Change orders may not be used to evade the purposes of this article.
(f) Any governmental entity may, in its discretion, adopt a process for mandatory prequalification of prospective bidders or offerors; provided, however, that:
(1) Criteria for prequalification must be reasonably related to the project or the quality of work;
(2) Criteria for prequalification must be available to any prospective bidder or offeror requesting such information;
(3) Any prequalification process must include a method of notifying prospective bidders or offerors of the criteria for prequalification; and
(4) Any prequalification process must include a procedure for a disqualified bidder to respond to his or her disqualification to a representative of the governmental entity; provided, however, that such procedure shall not be construed to require the governmental entity to provide a formal appeals procedure.
36-91-21.

1912

JOURNAL OF THE SENATE

(a) It shall be unlawful to let out any public works construction contracts subject to the requirements of this chapter without complying with the competitive award requirements contained in this Code section. Any contractor who performs any work of the kind in any other manner and who knows that the public works construction contract was let out without complying with the notice and competitive award requirements of this chapter shall not be entitled to receive any payment for such work.
(b) Any competitive sealed bidding process shall comply with the following requirements:
(1) The governmental entity shall publicly advertise an invitation for bids;
(2) Bidders shall submit sealed bids based on the criteria set forth in such invitation;
(3) The governmental entity shall open the bids publicly and evaluate such bids without discussions with the bidders; and
(4) The contract shall be awarded to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids; provided, however, that if the bid from the lowest responsible and responsive bidder exceeds the funds budgeted for the public works construction contract, the governmental entity may negotiate with such apparent low bidder to obtain a contract price within the budgeted amount. Such negotiations may include changes in the scope of work and other bid requirements.
(c)(1) In making any competitive sealed proposal, a governmental entity shall:
(A) Publicly advertise a request for proposals, which request shall include conceptual program information in the request for proposals describing the requested services in a level of detail appropriate to the project delivery method selected for the project, as well as the relative importance of the evaluation factors;
(B) Open all proposals received at the time and place designated in the request for proposals so as to avoid disclosure of contents to competing offerors during the process of negotiations; and
(C) Make an award to the responsible and responsive offeror whose proposal is determined in writing to be the most advantageous to the governmental entity, taking into consideration the evaluation factors set forth in the request for proposals. The evaluation factors shall be the basis on which the award decision is made. The contract file shall indicate the basis on which the award is made.
(2) As set forth in the request for proposals, offerors submitting proposals may be afforded an opportunity for discussion, negotiation, and revision of proposals. Discussions, negotiations, and revisions may be permitted after submission of proposals and prior to award for the purpose of obtaining best and final offers. In accordance with the request for proposals, all responsible offerors found by the governmental entity to have submitted proposals reasonably susceptible of being selected for award shall be given an opportunity to participate in such discussions, negotiations, and revisions. During the process of discussion, negotiation, and revision, the governmental entity shall not disclose the contents of proposals to competing offerors.
(d) Whenever a public works construction contract for any governmental entity subject to the requirements of this chapter is to be let out by competitive sealed bid or proposal, no person, by himself or herself or otherwise, shall prevent or attempt to prevent competition in such bidding or proposals by any means whatever. No person who desires to procure such work for himself or herself or for another shall prevent or endeavor to prevent anyone from making a bid or proposal therefor by any means whatever, nor shall such person so desiring the work cause or induce another to withdraw a bid or proposal for the work.
(e) Before commencing the work, any person who procures such public work by bidding or proposal shall make an oath in writing that he or she has not directly or indirectly violated subsection (d) of this Code section. The oath shall be filed by the officer whose duty it is to make the payment. If the contractor is a partnership, all of the partners and any officer, agent, or other person who may have represented or acted for them in bidding for or procuring the contract shall also make the oath. If the contractor is a corporation, all officers, agents, or other persons who may have acted for or represented the corporation in bidding for or procuring the contract shall make the oath. If such

Monday, March 20, 2000

1913

oath is false, the contract shall be void, and all sums paid by the governmental entity on the contract may be recovered by appropriate action.
(f) If any member of a governmental entity lets out any public works construction contract subject to the requirements of this article and receives, takes, or contracts to receive or take, either directly or indirectly, any part of the pay or profit arising out of any such contract, he or she shall be guilty of a misdemeanor.
(g) No public works construction contract with a governing authority shall be valid for any purpose unless the contractor shall comply with all bonding requirements of this chapter. No such contract shall be valid if any governmental entity lets out any public works construction contract subject to the requirements of this chapter without complying with the requirements of this chapter.
36-91-22.
(a) The requirements of this chapter shall not apply to public works construction projects, when the same can be performed at a cost of less than $100,000.00. Public works construction projects shall not be subdivided in an effort to evade the provisions of this chapter.
(b) Any governmental entity having a correctional institution shall have the power and authority to purchase material for and use inmate labor in performing public works construction projects; and in such cases, this chapter shall not apply. Any governmental entity may contract with a governmental entity having a correctional institution for the use of inmate labor from such institution and use the inmates in the performance of any public works construction project; and in such cases, this chapter shall not apply.
(c) In the event that the labor used or to be used in a public works construction project is furnished at no expense by the state or federal government or any agency thereof, the governing authority shall have the power and authority to purchase material for such public works construction project and use the labor furnished free to the governmental entity; and in such case, this chapter shall not apply.
(d) Where a public works construction contract involves the expenditure of federal assistance or funds, the receipt of which is conditioned upon compliance with federal laws or regulations regarding the procedures for awarding public works construction contracts, a governmental entity shall comply with such federal requirements and shall not be required to comply with the provisions of this chapter that differ from the federal requirements. The governmental entity shall provide notice that federal procedures exist for the award of such contracts in the advertisement required by subsection (b) of Code Section 36-91-20. The availability and location of such federal requirements shall be provided to any person requesting such information.
(e) The requirements of this chapter shall not apply to public works construction projects necessitated by an emergency; provided, however, that the nature of the emergency shall be described in the minutes of the governing authority. Any contract let by a county pursuant to this subsection shall be ratified, as soon as practicable, on the minutes of the governing authority, and the nature of the emergency shall be described therein.
(f) The requirements of this chapter shall not apply to public works construction projects subject to the requirements of Chapter 4 of Title 32.
(g) The requirements of this chapter shall not apply to public works construction projects or any portion of a public works construction project self-performed by a governmental entity. If the governmental entity contracts with a private person or entity for a portion of such project, the provisions of this chapter shall apply to any such contract estimated to exceed $100,000.00.
(h) The requirements of this chapter shall not apply to sole source public works construction contracts.
ARTICLE 3
36-91-40.

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JOURNAL OF THE SENATE

(a)(1) Any bid bond, performance bond, payment bond, or security deposit required for a public works construction contract shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named therein. At the option of the governmental entity, if the surety named in the bond is other than a surety company authorized by law to do business in this state pursuant to a current certificate of authority to transact surety business by the Commissioner of Insurance, such bond shall not be approved and filed unless such surety is on the United States Department of Treasury's list of approved bond sureties.
(2) 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 an officer of the governmental entity negotiating the contract on behalf of the governmental entity. In the case of a bid bond, such approval shall be obtained prior to acceptance of the bid or proposal. In the case of payment bonds and performance bonds, such approval shall be obtained prior to the execution of the contract.
b) Whenever, in the judgment of the obligee:
(1) Any surety on a bid, performance, or payment bond has become insolvent;
(2) Any corporate surety is no longer certified or approved by the Commissioner of Insurance to do business in the state; or
(3) For any cause there are no longer proper or sufficient sureties on any or all of the bonds,
the obligee may require the contractor to strengthen any or all of the bonds or to furnish a new or additional bond or bonds within ten days. Thereupon, if so ordered by the obligee, all work on the contract shall cease unless such new or additional bond or bonds are furnished. If such bond or bonds are not furnished within such time, the obligee may terminate the contract and complete the same as the agent of and at the expense of the contractor and his or her sureties.
36-91-41.
(a) Bid bonds shall be required for all public works construction contracts subject to the requirements of this article with estimated bids or proposals over $100,000.00; provided, however, that a governmental entity may require a bid bond for projects with estimated bids or proposals of $100,000.00 or less.
(b) In the case of competitive sealed bids, except as provided in Code Sections 36-91-43 and 36-91-44, a bid may not be revoked or withdrawn until 60 days after the time set by the governmental entity for opening of bids. Upon expiration of this time period, the bid will cease to be valid, unless the bidder provides written notice to the governmental entity prior to the scheduled expiration date that the bid will be extended for a time period specified by the governmental entity.
(c) In the case of competitive sealed proposals, the governmental entity shall advise offerors in the request for proposals of the number of days that offerors will be required to honor their proposals; provided, however, that if an offeror is not selected within 60 days of opening the proposals, any offeror that is determined by the governmental entity to be unlikely of being selected for contract award shall be released from his or her proposal.
(d) If a governmental entity requires a bid bond for any public works construction contract, no bid or proposal for a contract with the governmental entity shall be valid for any purpose unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid or proposal shall be read aloud or considered if a proper bid bond or other security authorized in Code Section 36-91-42 has not been submitted. The provisions of this subsection shall not apply to any bid or proposal for a contract that is required by law to be accompanied by a proposal guaranty and shall not apply to any bid or proposal for a contract with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation.
36-91-42.

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(a) In lieu of the bid bond provided for in Code Section 36-91-41, the governmental entity may accept a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the governmental entity for which the contract is to be awarded.
(b) When the amount of any bid bond required under this article does not exceed $300,000.00, the governmental entity may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under Code Section 36-91-41.
36-91-43.
(a) Any governmental entity receiving bids subject to this article shall permit a bidder to withdraw a bid from consideration after the bid opening without forfeiture of the bid security if the bidder has made an appreciable error in the calculation of his or her bid and if:
(1) Such error in the calculation of his or her bid can be documented by clear and convincing written evidence;
(2) Such error can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn;
(3) The bidder serves written notice upon the governmental entity which invited proposals for the work prior to the award of the contract and not later than 48 hours after the opening of bids, excluding Saturdays, Sundays, and legal holidays;
(4) The bid was submitted in good faith and the mistake was due to a calculation or clerical error, an inadvertent omission, or a typographical error as opposed to an error in judgment; and
(5) The withdrawal of the bid will not result in undue prejudice to the governmental entity or other bidders by placing them in a materially worse position than they would have occupied if the bid had never been submitted.
(b) In the event that an apparent successful bidder has withdrawn his or her bid as provided in subsection (a) of this Code section, action on the remaining bids should be considered as though the withdrawn bid had not been received. In the event the project is relet for bids, under no circumstances shall a bidder who has filed a request to withdraw a bid be permitted to resubmit a bid for the work.
(c) No bidder who is permitted to withdraw a bid pursuant to subsection (a) of this Code section shall for compensation supply any material or labor to, or perform any subcontract or other work agreement for, the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.
36-91-44.
(a) As used in this Code section, the term 'corporation' means with respect to any corporation, any other corporation related thereto:
(1) As a parent corporation;
(2) As a subsidiary corporation;
(3) As a sister corporation;
(4) By common ownership or control; or
(5) By control of one corporation by the other.

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(b) 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 other affiliated corporation, then the bid bond, proposal guaranty, or other security otherwise required under this article of each affiliated corporation rescinding or revoking its bid shall be forfeited.
36-91-45.
The obligee in any bid bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, that no action may be instituted on the bonds or security deposits after one year from the completion of the contract and the acceptance of the public work by the governmental entity.
ARTICLE 4
36-91-50.
Performance bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity may require a performance bond for a public works construction contracts that are estimated at $100,000.00 or less. No public works construction contract requiring a performance bond shall be valid for any purpose unless the contractor shall give such performance bond. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract and shall be increased as the total amount payable due to the contract is increased.
36-91-51.
When the amount of the performance bond required under this article does not exceed $300,000.00 the governmental entity may, in its sole discretion, accept an irrevocable letter of credit by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under this article.
36-91-52.
The obligee in any performance bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, no action can be instituted on the bonds or security deposits after one year from the completion of the contract and the acceptance of the public work by the governmental entity.
ARTICLE 5
36-91-70.
Payment bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity may require a payment bond for public works construction contracts that are estimated at $100,000.00 or less. No public works construction contract requiring a payment bond shall be valid for any purpose, unless the contractor shall give such payment bond; provided, however, that, in lieu of such payment bond, the governmental entity, in its discretion, may accept a cashier's check, certified check, or cash in an amount not less than the total amount payable by the terms of the contract for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of work provided in the contract.
36-91-71.
If a payment bond or security deposit, together with an affidavit, when necessary, is not taken in the manner and form required in this article, the corporation or body for which work is done under the contract shall be liable to all

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subcontractors and to all persons furnishing labor, skill, tools, machinery, or materials to the contractor or subcontractor thereunder for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the contract, or extension of time for the completion of the contract shall release the sureties of such payment bond.
36-91-72.
(a) The contractor furnishing the payment bond or security deposit shall post on the public works construction site and file with the clerk of the superior court in the county in which the site is located a notice of commencement no later than 15 days after the contractor physically commences work on the project and supply a copy of the notice of commencement to any subcontractor, materialman, or person who makes a written request of the contractor. Failure to supply a copy of the notice of commencement within ten calendar days of receipt of the written request from the subcontractor, materialman, or person shall render the provisions of paragraph (1) of subsection (a) of Code Section 36-91-73 inapplicable to the subcontractor, materialman, or person making the request. The notice of commencement shall include:
(1) The name, address, and telephone number of the contractor;
(2) The name and location of the public work being constructed or a general description of the improvement;
(3) The name and address of the governmental entity that is contracting for the public works construction;
(4) The name and address of the surety for the performance and payment bonds, if any; and
(5) The name and address of the holder of the security deposit provided, if any.
(b) The failure to file a notice of commencement shall render the notice to contractor requirements of paragraph (1) of subsection (a) of Code Section 36-91-73 inapplicable.
(c) The clerk of the superior court shall file the notice of commencement within the records of that office and maintain an index separate from other real estate records or an index with the preliminary notices specified in subsection (a) of Code Section 44-14-361.3. Each such notice of commencement shall be indexed under the name of the governmental entity and the name of the contractor as contained in the notice of commencement.
36-91-73.
(a) Every person entitled to the protection of the payment bond or security deposit required to be given who has not been paid in full for labor or material furnished in the prosecution of the work referred to in such bond or security deposit before the expiration of a period of 90 days after the day on which the last of the labor was done or performed by such person or the material or equipment or machinery was furnished or supplied by such person for which such claim is made, or when he or she has completed his or her subcontract for which claim is made, shall have the right to bring an action on such payment bond or security deposit for the amount, or the balance thereof, unpaid at the time of the commencement of such action and to prosecute such action to final execution and judgment for the sum or sums due such person; provided, however, that:
(1) Any person having direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has not complied with the notice of commencement requirements shall have the right of action upon the payment bond or security deposit upon giving written notice to the contractor within 90 days from the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was performed or done. The notice to the contractor may be served by registered or certified mail, postage prepaid, duly addressed to the contractor, at any place at which the contractor maintains an office or conducts his or her business or at his or her residence, by depositing such notice in any post office or branch post office or any letter box under the control of the United States

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Postal Service; alternatively, notice may be served in any manner in which the sheriffs of this state are authorized by law to serve summons or process; and
(2) Any person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing such payment bond or security deposit on a public works construction project where the contractor has complied with the notice of commencement requirements in accordance with subsection (a) of Code Section 36-91-72 shall have the right of action on the payment bond or security deposit, provided that such person shall, within 30 days from the filing of the notice of commencement or 30 days following the first delivery of labor, material, machinery, or equipment, whichever is later, give to the contractor a written notice setting forth:
(A) The name, address, and telephone number of the person providing labor, material, machinery, or equipment;
(B) The name and address of each person at whose instance the labor, material, machinery, or equipment is being furnished;
(C) The name and the location of the public works construction site; and
(D) A description of the labor, material, machinery, or equipment being provided and, if known, the contract price or anticipated value of the labor, material, machinery, or equipment to be provided or the amount claimed to be due, if any.
(b) Nothing contained in this Code section shall limit the right of action of a person entitled to the protection of the payment bond or security deposit required to be given pursuant to this article to the 90 day period following the day on which such person did or performed the last of the labor or furnished the last of the material or machinery or equipment for which such claim is made.
(c) Every action instituted under this Code section shall be brought in the name of the claimant without making the governmental entity for which the work was done or was to be done a party to such action.
36-91-74.
The official who has the custody of the bond or security deposit required by this article is authorized and directed to furnish to any person making application therefor a copy of the bond or security deposit agreement and the contract for which it was given, certified by the official who has custody of the bond or security deposit. With his or her application, such person shall also submit an affidavit that he or she has supplied labor or materials for such work and that payment therefor has not been made or that he or she is being sued on any such bond or security deposit. Such copy shall be primary evidence of the bond or security deposit and contract and shall be admitted in evidence without further proof. Applicants shall pay for such certified copies and such certified statements such fees as the official fixes to cover the cost of preparation thereof, provided that in no case shall the fee fixed exceed the fees which the clerks of the superior courts are permitted to charge for similar copies.
36-91-75.
No action can be instituted on the payment bonds or security deposits after one year from the completion of the contract and the acceptance of the public works construction by the proper public authorities. Every action instituted under this article shall be brought in the name of the claimant, without the governmental entity for which the work was done or was to be done being made a party thereto."
SECTION 2.
Said title is further amended by striking Code Sections 36-10-2, relating to the letting of contracts for public works; 36-10-3, relating to the posting and publication of notice and specifications; 36-10-4, relating to bonds of contractors and related matters; and 36-10-5, relating to illegal letting of certain contracts and related matters, and inserting in lieu thereof, respectively, the following:

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"36-10-2.
Reserved.
36-10-3.
Reserved.
36-10-4.
Reserved.
36-10-5.
Reserved."
SECTION 3.
Said title is further amended by striking in its entirety Code Section 36-39-8, relating to a resolution letting contract for improvements following time for protests or filing of petition, and inserting in lieu thereof the following:
"36-39-8.
After the expiration of the time for objection or protest on the part of the property owners, if no sufficient protest is filed, or on receipt of a petition for an improvement signed by the owners of a majority of the frontage of the land to be assessed, if the petition is found to be in proper form and properly executed, the governing body shall adopt a resolution reciting that no protest has been filed or that a petition was filed, as the case may be, and expressing the determination of the governing body to proceed with the improvement. The resolution shall state the kind of improvement, define the extent and character of the same, and specify such other matters as may be necessary to instruct the engineer employed by the municipal corporation in the performance of his or her duties in preparing for such improvement the necessary plans, plats, profiles, specifications, and estimates. The resolution shall set forth any and all such reasonable terms and conditions as the governing body deems proper to impose with reference to the letting of the contract and the provisions thereof. The governing body, by such resolution, shall provide that the contractor shall execute to the municipal corporation a good and sufficient bond, as provided in Code Sections 3682-101 though 36-82-105 Section 36-91-22, and may also require a bond in an amount to be stated in the resolution for the maintenance of the good condition of the improvements for a period of not less than five years from the time of completion, in the discretion of the governing body. The resolution shall also direct the clerk of the municipal corporation to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements."
SECTION 4.
Said title is further amended by striking in its entirety Article 4 of Chapter 82, relating to bonds for public contractors, and inserting in lieu thereof the following:
"ARTICLE 4
RESERVED"
SECTION 5.
Said title is further amended by striking in its entirety Chapter 84, relating to competition for public work bids, and inserting in lieu thereof the following:
"CHAPTER 84

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RESERVED"
SECTION 6.
Code Section 13-10-1 of the Official Code of Georgia Annotated, relating to bid bonds or other securities and bonds or other security required on contracts for public works and related matters, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
"13-10-1.
(a)(1) If the state, a county, a municipal corporation, or any public board or body thereof requires a bid bond for any particular public work, no bid for a contract with the state, county, municipal corporation, or any public board or body thereof for the doing of such public work shall be valid for any purpose, unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority for the faithful acceptance of the contract payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the contract is to be awarded. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid shall be read aloud or considered if a proper bid bond or other security authorized in paragraph (2) of this subsection has not been submitted. The provisions of this subsection shall not apply to any bid for a contract which is required by law to be accompanied by a proposal guaranty and shall not apply to bids for contracts with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation.
(2) In lieu of the bid bond provided for in paragraph (1) of this subsection, the state, a county, a municipal corporation, or any public board or body thereof may accept a cashier's check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the state, county, municipal corporation, or public board or body thereof for which the contract is to be awarded.
(3)(A) Any public entity receiving bids subject to this subsection shall permit a bidder to withdraw its bid from consideration after the bid opening without forfeiture of its bid security if:
(i) The bidder has made an appreciable error in the calculation of his or her bid that can be documented by clear and convincing written evidence;
(ii) Such errors can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn;
(iii) The bidder serves written notice upon the public entity which invited proposals for the work prior to the award of the contract and not later than 48 hours after the opening of bids, excluding Saturdays and Sundays and legal holidays;
(iv) The bid was submitted in good faith and the mistake was due to a calculation or clerical error, an inadvertent omission, or a typographical error as opposed to an error in judgment; and
(v) The withdrawal of the bid will not result in undue prejudice to the public entity or other bidders by placing them in a materially worse position than they would have occupied if the bid had never been submitted.
(B) In the event that the apparent successful bidder has withdrawn its bid, action on the remaining bids should be considered as though the withdrawn bid had not been received.
(C) In the event the project is relet for bids, under no circumstances shall the bidder who has filed a request to withdraw be permitted to rebid the work.
(D) No bidder who is permitted to withdraw a bid shall for compensation supply any material or labor to, or perform any subcontract or other work agreement for, the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.

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(b) No contract with this state, a county, a municipal corporation, or any public board or body thereof, for the doing of any public work shall be valid for any purpose, unless the contractor shall give:
(1) A performance bond with good and sufficient surety or sureties payable to, in favor of, and for the protection of the state, county, municipal corporation, or public board or body thereof for which the work is to be done. The performance bond 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 Code Section 36-10-4;
(2)(A) A payment bond with good and sufficient surety or sureties, payable to the state, county, municipal corporation, or public board or body thereof for which the work is to be done, and for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of the work provided for in the contract. The payment bond shall be in the amount of at least the total amount payable by the terms of the contract.
(B) In lieu of the payment bond provided for in subparagraph (A) of this paragraph, the state, a county, a municipal corporation, or any public board or body thereof may accept a cashier's check, certified check, or cash in the amount of at least the total amount payable by the terms of the contract for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of work provided in the contract.
(c) This Code section shall not apply where the total contract price does not exceed $40,000.00; provided, however, that the state, or any department or agency thereof, a county, a municipal corporation, or any public board or body thereof, may in its discretion require performance and payment bonds or bid bonds or other security for any public works contract.
(d) Where the amount of any bond required under the other subsections of this Code section does not exceed $300,000.00, the state, a county, a municipal corporation, or any public board or body thereof may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under the other subsections of this Code section.
(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, a county, a municipal corporation, or public board or body thereof who negotiates the contract on behalf of the public entity. Said approval shall be obtained prior to the bid's being accepted."
SECTION 7.
Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to exercise of power to contract generally, is amended by striking in its entirety Code Section 32-2-72, relating to an oath by a successful bidder, and inserting in lieu thereof the following:
"32-2-72.

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A successful bidder, before commencing the work, shall execute a written oath, as required by Code Section 36-84-1 36-91-40, stating that he or she has not violated such Code section which makes it unlawful to restrict competitive bidding."
SECTION 8.
Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to state, county, and municipal road systems, is amended by striking in its entirety paragraph (1) of Code Section 32-4-42, relating to the powers of a county with respect to its county road system, and inserting in lieu thereof the following:
"(1) A county shall have the authority to negotiate, let, and enter into contracts with any person or any agency, county, or municipality of the state for the construction, maintenance, administration, or operation of any public road or activities incident thereto in such manner and subject to such express limitations as may be provided by Part 2 of this article or any other provision of law. A county shall also have the authority to perform such road work with its own forces or with a combination of its own forces and the work of a contractor, notwithstanding any contrary provisions of Code Section 36-10-4 Chapter 91 of Title 36;".
SECTION 9.
Said chapter is further amended by striking in its entirety paragraph (3) of Code Section 32-4-63, relating to limitations on the power of a county to contract, and inserting in lieu thereof the following:
"(3) For the purchase of those materials, supplies, and equipment necessary for the county's construction and maintenance of its public roads and for the support and maintenance of the county's forces used in such work, as authorized by Code Section 36-10-4 Chapter 91 of Title 36;".
SECTION 10.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 32-4-65, relating to advertising for bids, and inserting in lieu thereof the following:
"(a) Notwithstanding any provision of Chapter 10 91 of Title 36 and of any other provision of law to the contrary, on all contracts to be let by public bid a county shall advertise for competitive sealed bids for at least two weeks. The public advertisement shall be inserted once a week for two weeks in such newspaper wherein the county sheriff's sales are advertised or in such other newspapers or publications, or both, as will ensure adequate publicity, the first insertion to be two weeks prior to the opening of the sealed bids, the second to follow one week after the publication of the first insertion."
SECTION 11.
Said chapter is further amended by striking in its entirety Code Section 32-4-69, relating to the bonds of a successful bidder generally, and inserting in lieu thereof the following:
"32-4-69.
Notwithstanding any provision of Code Section 36-10-4 36-91-22 to the contrary, when the price of a contract let to bid is $5,000.00 or more, no contract of a county shall be valid unless the contractor first shall give:
(1) A bond in the amount of the bid, with one good and solvent security, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time;
(2) The payment bond required by paragraph (2) subsection (g) of Code Section 36-82-101 36-91-21;
(3) Such other bonds required by the county in its advertisement for bids, including but not limited to public liability and property damage insurance bonds."

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SECTION 12.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 32-4-71, relating to the failure to take bonds and the liability of a county, and inserting in lieu thereof the following:
"(a) If the payment bond required by paragraph (2) of Code Section 32-4-69 is not taken, the county shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Code Section 36-82-102 36-91-22, for losses to them resulting from failure to take such bond."
SECTION 13.
Said chapter is further amended by striking in its entirety Code Section 32-4-73, relating to the oath taken by a successful bidder, and inserting in lieu thereof the following:
"32-4-73.
A successful bidder, before commencing the work, shall execute a written oath, as required by Code Section 36-84-1 36-91-40, stating that he or she has not violated such Code section, which makes it unlawful to restrict competitive bidding."
SECTION 14.
Said chapter is further amended by striking in its entirety Code Section 32-4-74, relating to the applicability of certain laws to the exercise of certain powers by counties, and inserting in lieu thereof the following:
"32-4-74.
Except as indicated to the contrary in this part, Chapter 10 91 of Title 36, Article 4 of Chapter 82 of Title 36, and Chapter 84 of Title 36 shall apply to this part; and the term 'public works,' as used in Chapter 10 91 of Title 36, Article 4 of Chapter 82 of Title 36, and Chapter 84 of Title 36 shall be construed to include public roads, as defined in Code Section 32-1-3."
SECTION 15.
Said chapter is further amended by striking in its entirety Code Section 32-4-120, relating to the failure to take bonds and the liability of a municipality, and inserting in lieu thereof the following:
"32-4-120.
If the payment bond required by Code Section 32-4-119 is not taken, the municipality then shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Code Section 36-82-102 36-91-22, for losses to them resulting from failure to take such bond."
SECTION 16.
Said chapter is further amended by striking in its entirety Code Section 32-4-123, relating to the applicability of certain laws to the exercise by municipalities of certain powers, and inserting in lieu thereof the following:
"32-4-123.
Except as indicated to the contrary in this part, Chapter 10 91 of Title 36, Article 4 of Chapter 82 of Title 36, and Chapter 84 of Title 36 shall apply to this part."
SECTION 17.

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This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 18.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr
Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1361. By Representatives Lucas of the 124th, Snow of the 2nd, Skipper of the 137th and others:

A bill to be entitled an Act to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Ethics in Government Act," so as to require newspapers and other companies which accept paid political advertisements to maintain certain records concerning the identity of persons purchasing such advertisements; to provide for civil penalties to be imposed by the State Ethics Commission for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Kemp of the 3rd.

Senators Kemp of the 3rd, Starr of the 44th and Brown of the 26th offered the following amendment: Amend HB 1361 by adding on page 2, line 4, between the words "Board" and "make", the following language:

"or State Ethics Commission", and by adding on page 2, line 6, between the words "Board" and "in", the following:

"or State Ethics Commission".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Monday, March 20, 2000

1925

N Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker N Williams

On the adoption of the amendment, the yeas were 35, nays 20, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush Y Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James N Johnson,E Y Kemp N Ladd N Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray Y Scott
Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 35, nays 18.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1240. By Representatives Campbell of the 42nd and Massey of the 86th:

A bill to be entitled an Act to amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to provide that sodomy with a person who is less than

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JOURNAL OF THE SENATE

ten years of age shall constitute the offense of aggravated sodomy; to change the penalty; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Meyer von Bremen of the 12th.
The Senate Judiciary Committee offered the following substitute to HB 1240:
A BILL
To be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to provide that sodomy with a person who is less than ten years of age shall constitute the offense of aggravated sodomy; to create the offense of aggravated sexual assault and provide for a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended in Code Section 16-5-21, relating to aggravated assault, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) A person commits the offense of aggravated assault when he or she assaults:
(1) With intent to murder, to rape, or to rob;
(2) With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; or
(3) A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons."
SECTION 2.
Said title is further amended in Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, by striking said Code section in its entirety and inserting in lieu thereof the following:
"16-6-2.
(a) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.
(b) A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than ten nor more than 20 30 years. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
(c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence."
SECTION 3.

Monday, March 20, 2000

1927

Said title is further amended by inserting after Code Section 16-6-3 a new Code section to be designated Code Section 16-6-3.1 to read as follows:

"16-6-3.1.

(a) A person commits the offense of aggravated sexual assault when:

(1) He or she assaults another with the intent to commit rape, aggravated sodomy, or aggravated sexual battery; or

(2) He or she has carnal knowledge of another person without the other person's consent. Carnal knowledge under this Code section occurs when there is any penetration of the female sex organ by the male sex organ.

(b) A person convicted of aggravated sexual assault shall be punished by imprisonment for not less than one nor more than 20 years."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 55, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1396. By Representatives Birdsong of the 123rd, Murphy of the 18th, Walker of the 141st and others:

A bill to be entitled an Act to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans benefits, so as to provide for the establishment of a Georgia Veterans Cemetery; to provide for eligibility for interment in the Georgia Veterans Cemetery; to provide that the Department of Veterans Service has the primary responsibility for verifying eligibility for interment in

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JOURNAL OF THE SENATE

the Georgia Veterans Cemetery; to provide for control of the Georgia Veterans Cemetery and application for interment; to provide that the Department of Veterans Service is designated as the agency of this state to receive federal aid and other sources of income to assist the state in establishing, operating, and maintaining a veterans' cemetery; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Harbison of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Harbison
Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 54, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 1031. By Representatives Bannister of the 77th, Cummings of the 27th, Shanahan of the 10th and others:

A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to eligibility and application for a retirement allowance under the Georgia Legislative Retirement System and related matters, so as to authorize the board of trustees of such retirement system to grant a discretionary increase in such allowance; and for other purposes.

Senate Sponsor: Senator Ladd of the 41st. The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

July 7, 1999

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Suite 402 Atlanta, Georgia 30334

Monday, March 20, 2000

1929

SUBJECT:

State Auditor's Certification House Bill 1031 (Substitute) (LC 21 5632S)

Dear Chairman Cummings:

This bill would amend provisions relating to eligibility and application for a retirement allowance under the Georgia Legislative Retirement System. This bill would authorize the board of trustees of the Legislative Retirement System to adopt methods to provide retirement allowance increases.

This is to certify that this retirement bill is a fiscal bill as defined in the Public Retirement Systems Standards Law.

Sincerely,

/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

October 29, 1999

SUBJECT: Actuarial Investigation House Bill 1031 (LC 21 5632S) Georgia Legislative Retirement System

Dear Chairman Cummings:

This bill would authorize the Board of Trustees of the Georgia Legislative Retirement System to adopt, from time to time, a method for providing for increases in the amount of retirement allowances. The method would be based on a recommendation of the actuary of the Board of the Trustees and maintenance of the actuarial soundness of the System.

As proposed, this legislation would not result in any additional cost to the state. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability as a result of this legislation. However, if the Board recommends increasing the retirement allowance in the future, an actuarial investigation would be necessary at that time to determine the cost impact the recommended increase would have on the Georgia Legislative Retirement System. Any future costs would be paid through state appropriations.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

(1)

The amount of the unfunded actuarial accrued liability which will

result from the bill.

$0

(2)

The amount of the annual amortization of the unfunded actuarial

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JOURNAL OF THE SENATE

accrued liability which will result from the bill.

(3)

The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

(4) The amount of the annual normal cost which will result from the bill.

(5) The employer contribution rate currently in effect.

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$0
N/A
$0 $109.17 per member
$109.17 per member
$0

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

February 18, 2000

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT:

State Auditor's Certification House Bill 1031 (LC 21 5632S) Substitute (LC 21 5874S)

Dear Chairman Cummings:

This substitute bill would allow the board of trustees of the Georgia Legislative Retirement System to adopt methods to increase retirement allowances. The bill requires that any method adopted be based on the recommendation of the Fund's actuary and the maintenance of the actuarial soundness of the fund. In addition, the bill requires that any increases approved by uniform and apply equally to all members of the Fund.

This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law.
Sincerely,
/s/ Russell W. Hinton

Monday, March 20, 2000

1931

State Auditor
Senators Cheeks of the 23rd and Ladd of the 41st offered the following amendment:
Amend HB 1031 by striking lines 1 and 2 of page 1 and inserting in lieu thereof the following:
"To amend Code Section 47-6-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Legislative Retirement System, so as to provide that no member or beneficiary of such retirement system shall serve on the board of trustees of such retirement system; to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to eligibility and application".
By inserting immediately following line 12 of page 1 the following:
"Code Section 47-6-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Legislative Retirement System, is amended by striking paragraph (3) and inserting in lieu thereof the following:
'(3) "Board" means the Board of Trustees of the Employees' Retirement System of Georgia; provided, however, that if any member of such board of trustees is an active or retired member or a beneficiary of this retirement system, he or she shall not serve as a member of the board of trustees of this retirement system.'
SECTION 2."
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

The Honorable Don Cheeks State Senator State Capitol, Room 121-E Atlanta, Georgia 30334

March 14, 2000

SUBJECT:

State Auditor's Certification House Bill 1031 (LC 21 5874S) As Amended (AM 21 0923)

Dear Senator Cheeks:

As amended, this bill would prohibit active members, retired members, and beneficiaries of the Georgia Legislative Retirement System (GLRS) from serving on the board of trustees of GLRS. Currently, the board of trustees of GLRS is the board of trustees of the Employees' Retirement System (ERS). This bill would not affect participation on the board of trustees of ERS by active members, retired members, or beneficiaries of GLRS. In addition, this bill would allow the board of trustees of GLRS to adopt methods to increase retirement allowances. The bill requires that any method adopted be based on the recommendation of the GLRS actuary and the maintenance of the actuarial soundness of the fund. Finally, the bill requires that any increases approved by uniform and apply equally to all members of the Georgia Legislative Retirement System.

This is to certify that the changes made in this amendment bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law.

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JOURNAL OF THE SENATE

Sincerely,

/s/ Russell W. Hinton State Auditor

On the adoption of the amendment, the yeas were 50, nays 2, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

N Hamrick Y Harbison Y Hecht N Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp Y Ladd N Lamutt N Land N Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 36, nays 20.

The bill, having received the requisite constitutional majority, was passed as amended.

Senator Egan of the 40th assumed the Chair. HB 1383. By Representative Williams of the 114th:

A bill to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to redefine the term "malt beverage"; to provide for legislative findings and declaration; to provide for the amount of excise tax to be levied on strong malt beverages; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Walker of the 22nd. The Senate Finance and Public Utilities Committee offered the following substitute to HB 1383:

A BILL

To be entitled an Act to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to certain sales of alcoholic beverages by public carriers and nonprofit organizations, so as to authorize the distribution or sale of distilled spirits and wine and malt beverages under certain conditions by cruise ships; to provide for an annual authorization fee; to provide for payment of taxes on containers; to provide for reports; to provide an effective date; to repeal conflicting laws; and for other purposes.

Monday, March 20, 2000

1933

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to certain sales of alcoholic beverages by public carriers and nonprofit organizations, is amended by striking in its entirety Code Section 3-9-1, relating to authorization of distribution or sale of distilled spirits by airline and railway passenger carriers, and inserting in lieu thereof a new Code Section 3-9-1 to read as follows:
"3-9-1.
(a) Notwithstanding anything contained in this title or any other law, the commissioner may authorize the distribution or sale of containers of distilled spirits, containing not more than 50 milliliters per container, by licensed airlines, and railway passenger carriers. railway passenger carriers, and cruise ships.
(b) These passenger carriers and cruise ships shall annually obtain, for a fee of $100.00, an authorization from the commissioner for the distribution or sale of such containers.
(c) The carriers and cruise ships shall pay taxes in the proper amounts on the containers distributed or sold in or over the state.
(d) The carriers and cruise ships shall file reports of all distributions or sales of the containers with the commissioner on or before the fifteenth day of the month following the month of distribution or sale and shall remit the proper tax for the distributions or sales at that time. The carriers and cruise ships shall further report to the commissioner any other information the commissioner may deem necessary for the purposes of this title."
SECTION 2.
Said article is further amended by striking in its entirety Code Section 3-9-2, relating to authorization of distribution or sale of wine and malt beverages by airline and railway passenger carriers, and inserting in lieu thereof a new Code Section 3-9-2 to read as follows:
"3-9-2.
(a) Notwithstanding anything contained in this title or any other law, the commissioner may authorize the distribution or sale of wine and malt beverages in variously sized containers by licensed airlines, and railway passenger carriers. railway passenger carriers, and cruise ships.
(b) The carriers and cruise ships shall annually obtain, for a fee of $50.00 for a wine license and $50.00 for a malt beverage license, an authorization from the commissioner for the distribution or sale of wine and malt beverages in variously sized containers.
(c) The carriers and cruise ships shall pay taxes in the proper amounts on the containers distributed or sold in or over the state.
(d) The carriers and cruise ships shall file reports of all distributions or sales of the containers with the commissioner on or before the fifteenth day of the month following the month of distribution or sale and shall remit the proper tax for the distributions or sales at that time. The carriers and cruise ships shall further report to the commissioner any other information the commissioner may deem necessary for the purposes of this title."
SECTION 3.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4.

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All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 43, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush N Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean
Egan (PRS) Y Fort Y Gillis Y Gingrey Y Golden N Guhl

N Hamrick Y Harbison
Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp N Ladd N Lamutt Y Land N Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

N Price,R Y Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 38, nays 15.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1118. By Representatives Burkhalter of the 41st and Graves of the 125th:
A bill to be entitled an Act to amend Code Section 48-5-7.2 of the Official Code of Georgia Annotated, relating to preferential assessments of rehabilitated historic property, so as to provide for the inclusion of expenditures incurred in preserving specimen trees; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Guhl of the 45th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle

Y Hamrick Y Harbison
Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat

Monday, March 20, 2000

1935

Y Cheeks Y Crotts Y Dean
Egan (PRS) Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson N Walker Y Williams

On the passage of the bill, the yeas were 51, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1379. By Representatives Hudson of the 156th, Holland of the 157th, Ray of the 128th and others:

A bill to be entitled an Act to amend Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees of the Georgia-Federal State Inspection Service who are active or retired members of the Employees' Retirement System of Georgia; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Golden of the 8th.

The Senate Insurance and Labor Committee offered the following substitute to HB 1379:

A BILL

To be entitled an Act to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to provide that the Board of Community Health is authorized to contract with the Georgia-Federal State Inspection Service for inclusion in such plan of state employees and retiring employees of such service and their spouses and dependent children; to change certain provisions relating to continuation of coverage under the state health insurance plan for spouses or dependents of deceased employees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, is amended by inserting immediately following Code Section 45-18-7.5 a new Code section to read as follows:

"45-18-7.6.

The board is authorized to contract with the Georgia-Federal State Inspection Service for the inclusion in any health insurance plan or plans established under this article of the state employees and retiring employees of the GeorgiaFederal State Inspection Service and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of the Georgia-Federal State Inspection Service to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees, retired employees, or dependents as may be required under the board's regulations. In addition, it shall be the duty of the Georgia-Federal State Inspection Service to make the employer contributions required for the operation of such plan or plans."

SECTION 2.

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JOURNAL OF THE SENATE

Said article is further amended by adding to Code Section 45-18-9, relating to continuation of coverage under the state health insurance plan for spouses or dependents of deceased employees, a new subsection (e) to read as follows:

"(e) If any employee of this state is killed while acting within the scope of his or her employment or receives bodily injury while acting within the scope of his or her employment that directly results in death thereafter, eligible dependents may continue coverage, provided that:

(1) The deceased employee was the primary or principal beneficiary of any contract or contracts for health insurance established under this article;

(2) At the time of death, the employee included his or her eligible dependents under such contract or contracts for health insurance;

(3) At the time of death, the employee maintained continuous coverage during the period between injury and death;

(4) The eligible dependents agree to pay the contributions to the cost of such coverage; and

(5) The eligible dependents pay such contributions in accordance with the rules and regulations promulgated and adopted by the board governing the continuance, discontinuance, and resumption of coverage by such eligible dependents."

SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan (PRS) Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee
M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Price,T
Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Monday, March 20, 2000

1937

The following communication was received by the Secretary:

3/20/00

RE: HB 1379

Please record a YES vote for Michael S. Meyer von Bremen, 12th on HB 1379.

It was my intent to so vote but due to working on an amendment I overlooked the same.

/s/ Michael S. Meyer von Bremen HB 1265. By Representatives Smith of the 12th, Sims of the 167th and Royal of the 164th:

A bill to be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for the signature and written declaration of persons making returns of taxable property; to provide for prima-facie evidence with respect to such returns; to provide for a criminal penalty with respect to certain false swearing; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Polak of the 42nd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan (PRS) Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The President resumed the Chair.

The following bill was taken up to consider House action thereto:

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JOURNAL OF THE SENATE

HB 567. By Representatives Skipper of the 137th, Buck of the 135th, Jamieson of the 22nd and others:

A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to sales to housing authorities; to provide for an exemption for certain sales to or by nonprofit organizations having as their primary purpose the raising of funds for books, materials, and programs for public libraries; to provide for an exemption with respect to the sale or use of wheelchairs and certain related equipment; and for other purposes.

Senator Starr of the 44th moved that the Senate recede from its amendment to HB 567.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt N Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 50, nays 2; the motion prevailed, and the Senate receded from its amendment to HB 567.
The following bill was taken up to consider the Conference Committee report thereto:
HB 1160. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 2000 and ending June 30, 2001; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on HB 1160 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1160 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Monday, March 20, 2000

1939

/s/ Senator Hooks of the 14th /s/ Senator Walker of the 22nd /s/ Senator Starr of the 44th

/s/ Representative Coleman of the 142nd /s/ Representative Walker of the 141st /s/ Representative Buck of the 135th

CONFERENCE COMMITTEE SUBSTITUTE TO H.B. 1160:

A BILL To be entitled an Act to make and provide appropriations for the State Fiscal Year beginning July 1, 2000, and ending June 30, 2001; 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, 2000, and ending June 30, 2001, 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 $13,457,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 2001.

Section 1. General Assembly.

PART I. LEGISLATIVE BRANCH

Budget Unit: General Assembly
Personal Services - Staff Personal Services - Elected Officials Regular Operating Expenses Travel - Staff Travel - Elected Officials Capital Outlay Per Diem Differential Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts - Staff Per Diem, Fees and Contracts - Elected Officials Photography Expense Reimbursement Account

$

33,849,106

$

17,307,651

$

4,747,104

$

2,668,752

$

121,000

$

7,000

$

0

$

0

$

1,315,000

$

1,112,000

$

5,000

$

692,500

$

164,115

$

3,956,984

$

100,000

$

1,652,000

Total Funds Budgeted

$

33,849,106

State Funds Budgeted

$

33,849,106

Senate Functional Budgets
Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office
Total

Total Funds

State Funds

$

5,560,400 $

5,560,400

$

990,107 $

990,107

$

1,302,036 $

1,302,036

$

7,852,543 $

7,852,543

House Functional Budgets

1940

JOURNAL OF THE SENATE

House of Representatives and Research Office Speaker of the House's Office Clerk of the House's Office
Total

Total Funds

State Funds

$

12,713,690 $

12,713,690

$

480,753 $

480,753

$

1,703,289 $

1,703,289

$

14,897,732 $

14,897,732

Joint Functional Budgets
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Budgetary Responsibility Oversight Committee
Total

Total Funds

State Funds

$

3,436,860 $

3,436,860

$

2,395,445 $

2,395,445

$

1,117,779 $

1,117,779

$

3,730,070 $

3,730,070

$

418,677 $

418,677

$

11,098,831 $

11,098,831

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.
Section 2. Department of Audits.

Budget Unit: Department of Audits Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts

$

27,645,099

$

23,516,499

$

768,200

$

601,000

$

49,000

$

20,000

$

1,072,400

$

87,000

Monday, March 20, 2000

1941

Computer Charges Telecommunications

$ $

Total Funds Budgeted

$

State Funds Budgeted

$

Section 3. Judicial Branch.

PART II JUDICIAL BRANCH

Budget Unit: Judicial Branch

$

Personal Services

$

Other Operating

$

Prosecuting Attorney's Council

$

Judicial Administrative Districts

$

Payment to Council of Superior Court Clerks

$

Payment to Resource Center

$

Computerized Information Network

$

Total Funds Budgeted

$

State Funds Budgeted

$

Judicial Branch Functional Budgets
Supreme Court Court of Appeals Superior Court - Judges Superior Court - District Attorneys Juvenile Court Institute of Continuing Judicial Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation Commission Georgia Office Of Dispute Resolution
Total

Total Funds

$

7,922,514 $

$

10,698,953 $

$

46,040,674 $

$

38,363,155 $

$

1,383,075 $

$

1,113,081 $

$

8,272,330 $

$

215,197 $

$

5,909,388 $

$

2,682,982 $

$

342,690 $

$

122,944,039 $

Section 4. Department of Administrative Services.

A. Budget Unit: Department of Administrative Services

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

Rents and Maintenance Expense

$

Utilities

$

Payments to DOAS Fiscal Administration

$

1,194,000 337,000
27,645,099
27,645,099
119,947,645 16,177,862
100,760,805 2,833,325 1,837,763 34,284 700,000 600,000
122,944,039
119,947,645
State Funds 7,094,074 10,602,953 46,040,674 36,537,424 1,383,075 1,066,142 8,089,207 215,197 5,893,227 2,682,982 342,690
119,947,645
45,521,481 66,957,697 12,437,406
483,471 744,834 1,880,328 1,414,412 4,214,593 381,031 9,949,273 11,180,018
0 0

1942

JOURNAL OF THE SENATE

Direct Payments to Georgia Building Authority for Capital Outlay
Direct Payments to Georgia Building Authority for Operations
Telephone Billings Radio Billings Materials for Resale Public Safety Officers Indemnity Fund Health Planning Review Board Operations Payments to Aviation Hall of Fame Payments to Golf Hall of Fame Alternative Fuels Grant State Self Insurance Fund Payments to Georgia Net Authority
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Support Services

$

Materials Management

$

Information Technology

$

Risk Management

$

State Properties Commission

$

Office of the Treasury

$

State Office of Administrative Hearings

$

Total

$

$
$ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 22,350,298 $ 12,538,010 $ 20,934,769 $
119,760,452 $ 3,951,132 $ 736,486 $ 1,714,927 $ 4,607,306 $
186,593,380 $

B. Budget Unit: Georgia Building Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Contractual Expense Facilities Renovations and Repairs
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

$ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 13,183,366 $

0
563,793 53,858,325
433,484 15,939,840
496,375 35,000 48,500 75,000
500,000 0
5,000,000
186,593,380
45,521,481
State Funds 8,087,405 4,124,738 0 27,493,865 496,375 736,486 279,230 4,303,382
45,521,481
0 19,913,392 15,468,544
13,000 200,000
90,000 322,000
15,071 261,916 767,389
0 0 0 0
37,051,312
0
State Funds 0

Monday, March 20, 2000

Facilities Program

$

Operations

$

Security

$

Sales

$

Van Pool

$

Total

$

Section 5. Department of Agriculture.
A. Budget Unit: Department of Agriculture Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Market Bulletin Postage Payments to Athens and Tifton Veterinary
Laboratories Poultry Veterinary Diagnostic Laboratories in
Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe Veterinary Fees Indemnities Advertising Contract Payments to Georgia Agrirama Development Authority for Operations Payments to Georgia Development Authority Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets Capital Outlay Contract - Federation of Southern Cooperatives Boll Weevil Eradication Program
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Plant Industry

$

Animal Industry

$

Marketing

$

Internal Administration

$

Fuel and Measures

$

Consumer Protection Field Forces

$

Seed Technology

$

Total

$

B. Budget Unit: Georgia Agrirama Development

0$ 12,422,856 $ 6,487,113 $ 4,558,445 $
399,532 $
37,051,312 $
$ $ $ $ $ $ $ $ $ $ $
$
$ $ $ $
$ $
$ $ $ $
$
$
Total Funds 9,146,570 $ 16,563,622 $ 7,233,728 $ 7,872,525 $ 3,872,480 $ 8,433,268 $ 697,804 $
53,819,997 $

1943
0 0 0 0 0
0
41,973,138 34,471,818 4,221,159 1,028,145
291,536 462,673 667,341 814,475 406,380 1,634,741 983,240
3,421,158
3,122,613 265,000 30,000 425,000
884,718 0
650,000 0
40,000 0
53,819,997
41,973,138
State Funds 8,365,570 13,431,487 3,558,728 7,685,525 3,742,780 5,189,048 0
41,973,138

1944

JOURNAL OF THE SENATE

Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Goods for Resale

Total Funds Budgeted

State Funds Budgeted

Section 6. Department of Banking and Finance.
Budget Unit: Department of Banking and Finance Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Total Funds Budgeted

State Funds Budgeted

Section 7. Department of Community Affairs.
Budget Unit: Department of Community Affairs Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Capital Felony Expense Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment HUD-Community Development Block Pass thru Grants Payment to Georgia Environmental Facilities Authority Community Service Grants Home Program ARC-Revolving Loan Fund

$

0

$

1,153,218

$

197,000

$

3,000

$

0

$

5,000

$

9,500

$

0

$

7,500

$

96,500

$

125,000

$

120,000

$

1,716,718

$

0

$

11,171,827

$

9,203,028

$

471,206

$

475,103

$

112,380

$

34,422

$

309,790

$

458,071

$

94,392

$

13,435

$

11,171,827

$

11,171,827

$

67,867,342

$

20,426,876

$

2,505,576

$

504,723

$

0

$

384,085

$

1,451,218

$

2,260,060

$

693,735

$

517,228

$

500,000

$

2,204,851

$

29,318,600

$

133,355

$

30,000,000

$

5,315,000

$

5,000,000

$

3,165,581

$

0

Monday, March 20, 2000

1945

Local Development Fund Payment to State Housing Trust Fund Payments to Sports Hall of Fame Regional Economic Business Assistance Grants State Commission on National and Community Service EZ/EC Administration EZ/EC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation Authority State Community Development Block Grant
Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

Executive Division

$

Planning and Management Division

$

Business and Financial Assistance Division

$

Housing and Finance Division

$

Accounting, Budgeting and Personnel Division

$

Rental Assistance Division

$

Administrative and Computer Support Division

$

Georgia Music Hall of Fame Division

$

Community Service Division

$

External Affairs Division

$

Total

$

Section 8. Department of Community Health.
A. Budget Unit: Medicaid Services Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Medicaid Benefits, Penalties and Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts Grant in Aid to Counties Health Insurance Payments Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family Practice Residency

$ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 36,064,711 $ 5,251,424 $ 36,717,459 $ 8,192,933 $ 9,770,875 $ 55,241,304 $ 2,921,675 $ 1,874,857 $ 10,715,600 $ 4,330,529 $
171,081,368 $

617,500 3,281,250
915,888 2,847,147
0 189,073
0 1,128,125 1,250,000 50,000,000 4,971,497 1,500,000
171,081,368 1,000,000
66,867,342
State Funds 35,700,890 4,983,922 5,141,421 3,165,581 8,397,826 0 1,602,684 931,779 3,742,995 4,200,243
67,867,342

$

1,338,495,629

$

30,594,722

$

7,044,645

$

281,140

$

0

$

77,292

$

1,050,732,796

$

1,299,733

$

807,876

$

376,362,142

$

3,367,543,983

$

1,097,500

$

64,732

$

83,244

$

764,826

$

0

$

27,000

$

400,000

$

762,000

$

4,137,000

1946

JOURNAL OF THE SENATE

Residency Capitation Grants Student Preceptorships Mercer School of Medicine Grant Morehouse School of Medicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation

Total Funds Budgeted Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Commissioner's Office

$

Medicaid Benefits, Penalties and Disallowances

$

Program Management - Medicaid

$

Systems Management - Medicaid

$

General Administration

$

Minority Health

$

Women's Health

$

Employee Health Benefits

$

Health Planning

$

Georgia Board for Physician Workforce

$

Board of Medical Examiners

$

Medical Education Board

$

Primary and Rural Health

$

Total

$

$ $ $ $ $ $ $
$ $
$
Total Funds 1,772,243 $
3,367,543,983 $ 40,905,852 $ 48,323,258 $ 53,182,770 $ 259,210 $ 353,518 $
1,314,936,605 $ 1,702,495 $ 30,537,627 $ 1,394,539 $ 1,527,448 $ 5,476,414 $
4,867,915,962 $

2,202,803 175,000
14,979,698 7,394,890
488,700 474,240 120,000
4,867,915,962 18,463,913
1,320,031,716
State Funds 892,197
1,230,166,467 16,761,152 12,080,815 3,549,713 259,210 353,518 34,000,000 1,602,495 30,537,627 1,394,539 1,527,448 5,370,448
1,338,495,629

B. Budget Unit: Indigent Trust Fund Per Diem, Fees and Contracts Benefits
Total Funds Budgeted
State Funds Budgeted

$

148,828,880

$

8,200,000

$

360,067,504

$

368,267,504

$

148,828,880

C. Budget Unit: PeachCare for Kids Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts PeachCare Benefits, Penalties and Disallowances
Total Funds Budgeted Tobacco Funds Budgeted

$

19,929,611

$

363,061

$

120,254

$

50,000

$

0

$

1,155

$

250,000

$

0

$

12,350

$

5,325,376

$

65,275,830

$

71,398,026

$

2,756,037

Monday, March 20, 2000

1947

State Funds Budgeted

Section 9. Department of Corrections.
Budget Unit: Administration, Institutions and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Utilities Court Costs County Subsidy County Subsidy for Jails County Workcamp Construction Grants Central Repair Fund Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals Inmate Release Fund Health Services Purchases University of Georgia - College of Veterinary
Medicine Contracts Minor Construction Fund
Total Funds Budgeted
Indirect DOAS Funding Georgia Correctional Industries
State Funds Budgeted

Departmental Functional Budgets

Executive Operations

$

Administration

$

Human Resources

$

Field Probation

$

Facilities

$

Total

$

Section 10. Department of Defense.
Budget Unit: Department of Defense Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment

$
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$ $ $
$
Total Funds 34,171,308 $ 16,512,895 $
129,020,513 $ 70,692,605 $
665,680,950 $
916,078,271 $
$ $ $ $ $ $

17,173,574
893,313,467 572,080,764
66,269,462 2,650,534
723,140 3,496,485 5,918,394 7,413,819 7,866,404 73,082,967
38,000 24,098,237 1,300,000 31,512,595 5,550,695
0 1,093,624 4,568,025 1,627,150
577,160 1,527,120 103,388,752
438,944 856,000
916,078,271 450,000 0
893,313,467
State Funds 33,664,308 16,212,895
120,556,304 70,212,605
652,667,355
893,313,467
6,904,850 12,128,918 12,162,322
50,375 0
22,000

1948

JOURNAL OF THE SENATE

Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Office of the Adjutant General

$

Georgia Air National Guard

$

Georgia Army National Guard

$

Total

$

Section 11. State Board of Education Department of Education.
A. Budget Unit: Department of Education Operations: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Utilities Capital Outlay QBE Formula Grants: Kindergarten/Grades 1 - 3 Grades 4 - 8 Grades 9 - 12 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Staff Development and Professional Development Media Indirect Cost Pupil Transportation Local Fair Share Mid-Term Adjustment Reserve Teacher Salary Schedule Adjustment Other Categorical Grants: Equalization Formula Sparsity Grants Special Education Low - Incidence Grants

$ $ $ $ $
$
$
Total Funds 2,304,454 $ 6,156,844 $ 17,014,083 $
25,475,381 $

75,625 31,400 419,973 584,768
0
25,475,381
6,904,850
State Funds 2,101,288 731,144 4,072,418
6,904,850

$

5,497,723,325

$

39,335,542

$

6,261,937

$

1,393,112

$

0

$

317,592

$

1,643,484

$

70,398,231

$

10,630,903

$

2,198,230

$

808,452

$

50,000

$

1,470,763,243

$

1,230,282,244

$

640,572,767

$

36,306,945

$

58,091,662

$

165,558,340

$

578,624,415

$

110,909,798

$

63,232,671

$

37,621,355

$

138,948,965

$

808,643,440

$

152,606,489

$

(932,307,605)

$

0

$

121,495,719

$

221,584,668

$

3,158,000

$

620,134

Monday, March 20, 2000
Non-QBE Grants: Next Generation School Grants Youth Apprenticeship Grants High School Program Payment of Federal Funds to Board of Technical
and Adult Education Vocational Research and Curriculum Education of Children of Low-Income Families Even Start Instructional Services for the Handicapped Retirement (H.B. 272 and H.B. 1321) Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education of Homeless Children/Youth Pay for Performance Remedial Summer School Pre-School Handicapped Program Mentor Teachers Environmental Science Grants Advanced Placement Exams Serve America Program Drug Free School (Federal) School Lunch (State) Mentoring Program Charter Schools Emergency Immigrant Education Program Chapter II - Block Grant Flow Through State and Local Education Improvement Health Insurance - Non-Cert. Personnel and Retired
Teachers Governor's Scholarships Innovative Programs Title II Math/Science Grant (Federal) Migrant Education Regional Education Service Agencies Severely Emotionally Disturbed Georgia Learning Resources System Special Education in State Institutions At Risk Summer School Program Robert C. Byrd Scholarship (Federal) Troops To Teachers Comprehensive School Reform Character Education National Teacher Certification Health Insurance Adjustment Principal Supplements Grants For School Nurses
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted
State Funds Budgeted

1949

$

500,000

$

4,340,000

$

49,368,917

$

27,650,639

$

293,520

$

236,086,129

$

3,190,097

$

75,415,428

$

5,508,750

$

1,900,000

$

756,500

$

188,375,722

$

267,333

$

749,301

$

8,000,000

$

1,689,931

$

20,102,195

$

1,250,000

$

100,000

$

1,608,000

$

1,042,976

$

11,625,943

$

35,282,461

$

500,000

$

1,289,604

$

2,481,927

$

9,913,513

$

24,962,356

$

107,826,070

$

3,693,967

$

1,690,215

$

5,042,895

$

274,395

$

10,771,889

$

60,128,000

$

3,691,073

$

3,884,639

$

2,077,344

$

1,059,000

$

111,930

$

3,803,865

$

350,000

$

476,580

$

155,299,707

$

5,760,000

$

30,000,000

$

6,149,943,544

$

0

$

30,000,000

$

5,467,723,325

1950

JOURNAL OF THE SENATE

Departmental Functional Budgets

State Administration

$

Student Learning and Assessment

$

Governor's Honors Program

$

Quality and School Support

$

Federal Programs

$

Technology

$

Local Programs

$

Georgia Academy for the Blind

$

Georgia School for the Deaf

$

Atlanta Area School for the Deaf

$

Total

$

Total Funds 11,349,773 $ 59,222,717 $ 1,342,465 $ 14,529,400 $ 8,138,401 $ 20,460,788 $
6,017,306,061 $ 5,987,271 $ 5,288,604 $ 6,318,064 $
6,149,943,544 $

State Funds 9,028,284 49,728,645 1,264,876 11,061,889 544,407 18,146,282
5,391,734,261 5,452,912 4,925,167 5,836,602
5,497,723,325

B. Budget Unit: Lottery for Education Computers in the Classroom Distance Learning - Satellite Dishes Post Secondary Options Educational Technology Centers Assistive Technology Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System
Total Funds Budgeted
Lottery Funds Budgeted

$

47,024,375

$

29,485,875

$

1,750,000

$

4,500,000

$

0

$

0

$

0

$

0

$

0

$

0

$

11,288,500

$

0

$

0

$

47,024,375

$

47,024,375

C. Budget Unit: Office of School Readiness Pre-Kindergarten - Grants Pre-Kindergarten - Personal Services Pre-Kindergarten - Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Nutrition Grants Standards of Care
Total Funds Budgeted
Lottery Funds Budgeted

$

1,269,256

$

225,194,380

$

2,235,591

$

5,215,957

$

3,642,166

$

180,283

$

181,959

$

0

$

11,528

$

130,500

$

1,186,947

$

225,693

$

31,724

$

0

$

0

$

129,817,711

$

134,500

$

368,188,939

$

232,645,928

Monday, March 20, 2000

State Funds Budgeted

Section 12. Employees' Retirement System.
Budget Unit: Employees' Retirement System Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Benefits to Retirees
Total Funds Budgeted

State Funds Budgeted

Section 13. Forestry Commission.
Budget Unit: Forestry Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges
Telecommunications Per Diem, Fees and Contracts Ware County Grant Ware County Grant for Southern Forest World Ware County Grant for Road Maintenance Capital Outlay
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Reforestation

$

Field Services

$

General Administration and Support

$

Total

$

Section 14. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation Personal Services Regular Operating Expenses Travel

$
$ $ $ $ $ $ $ $ $ $ $
$
$
$ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 2,167,586 $ 36,686,568 $ 3,939,592 $
42,793,746 $
$ $ $ $

1951
1,269,256
2,992,000 2,649,178
435,100 29,000 0 1,450
1,269,708 340,740 70,002
2,557,000 2,992,000
10,344,178
2,992,000
37,428,116 30,824,082 5,707,411
179,793 1,296,822 2,091,933
358,525 7,736
1,191,041 1,047,903
28,500 60,000
0 0
42,793,746
37,428,116
State Funds 0
33,656,679 3,771,437
37,428,116
61,790,274 46,347,930 6,371,747
527,379

1952

JOURNAL OF THE SENATE

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Evidence Purchased Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Investigative

$

Georgia Crime Information Center

$

Forensic Sciences

$

Total

$

Section 15. Office of the Governor.
A. Budget Unit: Office of the Governor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Cost of Operations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants of Non-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds Children and Youth Grants Juvenile Justice Grants Georgia Crime Victims Assistance Program Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Transition Fund Flood - Contingency
Total Funds Budgeted

State Funds Budgeted

$ $ $ $ $ $ $ $
$
$
Total Funds 5,169,256 $ 26,449,610 $ 10,460,386 $ 19,711,022 $
61,790,274 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$

437,010 1,650,395
597,960 418,425 1,059,319 3,956,442 423,667
0
61,790,274
61,790,274
State Funds 5,169,256 26,449,610 10,460,386 19,711,022
61,790,274
44,978,546 21,281,720 1,434,197
365,400 60,000
210,009 530,122 1,469,608 572,056 10,981,674 4,670,081
40,000 3,815,000
198,913 4,047,581
274,194 275,000
0 250,000 1,697,750 1,500,000 684,400 1,085,000
0 57,000
0 0
55,499,705
44,978,546

Monday, March 20, 2000

1953

Departmental Functional Budgets

Governor's Office

$

Office of Equal Opportunity

$

Office of Planning and Budget

$

Council for the Arts

$

Office of Consumer Affairs

$

Georgia Information Technology Policy Council

$

Criminal Justice Coordinating Council

$

Children and Youth Coordinating Council

$

Human Relations Commission

$

Professional Standards Commission

$

Georgia Emergency Management Agency

$

Governor's Commission for the Privatization

of Government Services

$

Total

$

Section 16. Department of Human Resources.
Budget Unit: Department of Human Resources 1. General Administration and Support Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Major Maintenance and Construction Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Operating Expenses
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

Commissioner's Office

$

Office of Planning and Budget Services

$

Office of Adoption

$

Children's Community Based Initiative

$

Troubled Children's Placements

$

Human Resources Development

$

Total Funds 8,723,994 $ 1,151,969 $ 16,291,462 $ 5,403,176 $ 4,756,642 $ 708,527 $ 3,647,732 $ 2,498,990 $ 330,358 $ 5,641,618 $ 6,345,237 $
0$
55,499,705 $

State Funds 8,673,994 848,998 16,291,462 4,735,331 4,558,642 708,527 399,756 576,990 330,358 5,641,618 2,212,870
0
44,978,546

$

1,314,236,715

$

80,122,534

$

2,986,389

$

1,756,326

$

0

$

161,457

$

4,733,660

$

16,105,423

$

54,099,825

$

15,527,517

$

0

$

49,063,157

$

71,858,007

$

123,714

$

823,133

$

29,607,957

$

0

$

0

$

326,969,099

$

3,982,840

$

7,999,172

$

185,042,008

Total Funds 1,409,629 $ 4,350,125 $ 12,591,245 $ 10,506,906 $ 49,063,157 $ 1,370,936 $

State Funds 1,409,629 4,350,125 6,600,424 10,231,757 35,585,726 1,370,936

1954

JOURNAL OF THE SENATE

Technology and Support

$

Facilities Management

$

Regulatory Services - Program Direction and Support

$

Child Care Licensing

$

Health Care Facilities Regulation

$

Fraud and Abuse

$

Financial Services

$

Auditing Services

$

Personnel Administration

$

Transportation Services

$

Indirect Cost

$

Policy and Government Services

$

Aging Services

$

DD Council

$

Total

$

2. Public Health Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Special Purpose Contracts Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Postage Medical Benefits

Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

District Health Administration

$

Newborn Follow-Up Care

$

Oral Health

$

Stroke and Heart Attack Prevention

$

Sickle Cell, Vision and Hearing

$

High-Risk Pregnant Women and Infants

$

Sexually Transmitted Diseases

$

Family Planning

$

Women, Infants and Children Nutrition

$

Grant in Aid to Counties

$

Children's Medical Services

$

Emergency Health

$

Epidemiology

$

Immunization

$

101,198,872 $ 5,669,778 $ 714,862 $ 3,428,310 $ 11,244,071 $ 6,776,459 $ 10,119,788 $ 2,452,515 $ 7,115,868 $ 12,103,590 $ 0$ 874,926 $ 84,382,730 $ 1,595,332 $
326,969,099 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $
$
Total Funds 13,065,305 $ 1,309,276 $ 2,749,155 $ 2,036,524 $ 6,599,692 $ 4,794,149 $ 3,189,205 $ 14,003,591 $ 84,516,733 $ 73,752,577 $ 13,267,331 $ 4,072,839 $ 2,164,928 $ 1,634,400 $

60,478,586 4,420,282
704,862 3,415,748 5,586,156 2,321,857 5,740,155 2,452,515 7,115,868 1,898,996 (14,925,447)
878,507 53,386,661
17,837
193,041,180
52,335,049 77,888,376
939,752 0
195,367 1,334,062 16,612,517
217,356 1,010,667
574,000 21,652,591 151,694,644
0 190,927 4,222,222
328,867,530 324,160
21,942,557
163,878,269
State Funds 12,938,370 1,095,445 2,423,980 923,912 5,832,873 4,794,149 1,031,192 5,992,275 0 72,828,928 6,437,819 2,697,126 1,586,049 5,000

Monday, March 20, 2000

Community Tuberculosis Control

$

Family Health Management

$

Infant and Child Health

$

Maternal Health - Perinatal

$

Chronic Disease

$

Diabetes

$

Cancer Control

$

Director's Office

$

Injury Control

$

Vital Records

$

Health Services Research

$

Environmental Health

$

Laboratory Services

$

Community Health Management

$

AIDS

$

Drug and Clinic Supplies

$

Adolescent Health

$

Public Health - Planning Councils

$

Early Intervention

$

Smoking Prevention and Cessation

$

School Nurses

$

Public Health - Division Indirect Cost

$

Total

$

3. Rehabilitation Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

Equipment Real Estate Rentals Per Diem, Fees and Contracts

Computer Charges Telecommunications Case Services

Special Purpose Contracts Purchase of Services Contracts Major Maintenance and Construction

Utilities Postage

Total Funds Budgeted Indirect DOAS Services Funding

State Funds Budgeted

Departmental Functional Budgets

Vocational Rehabilitation Services

$

Independent Living

$

Employability Services

$

Community Facilities

$

Program Direction and Support

$

Grants Management

$

Disability Adjudication

$

6,132,846 $ 1,474,046 $ 1,099,776 $ 2,889,701 $ 1,576,850 $
163,524 $ 5,820,806 $ 2,627,143 $
436,944 $ 2,056,339 $
584,474 $ 2,033,322 $ 6,981,823 $
202,226 $ 15,503,875 $ 10,713,458 $ 12,576,518 $
115,041 $ 12,957,223 $ 15,765,890 $
0$ 0$
328,867,530 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 69,757,512 $ 948,949 $ 511,903 $ 10,721,695 $ 2,034,196 $ 894,540 $ 54,148,315 $

1955
4,624,329 827,186 890,925
1,247,481 1,576,850
163,524 5,820,806 2,349,550
294,306 1,789,476
584,474 1,521,449 6,711,823
202,226 8,404,829 2,640,380 2,978,650
97,544 10,466,909 15,765,890
0 (1,724,899)
185,820,825
87,902,454 12,057,074 1,814,584
50,582 1,616,277 5,225,022 11,430,988
463,541 2,491,137 41,304,191
885,245 12,313,883
305,000 909,650 747,878
179,517,506 100,000
26,739,415
State Funds 13,725,096 513,969 511,903 3,101,205 608,421 894,540 0

1956

JOURNAL OF THE SENATE

Georgia Factory for Blind

$

Roosevelt Warm Springs Institute

$

Total

$

4. Family and Children Services Budget: Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Postage Grants to County DFACS - Operations

Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Director's Office

$

Social Services

$

Administrative Support

$

Quality Assurance

$

Community Services

$

Field Management

$

Human Resources Management

$

Public Assistance

$

Child Support Enforcement

$

Temporary Assistance for Needy Families

$

SSI - Supplemental Benefits

$

Refugee Programs

$

Energy Benefits

$

County DFACS Operations - Eligibility

$

County DFACS Operations - Social Services

$

Food Stamp Issuance

$

County DFACS Operations - Homemakers Services

$

County DFACS Operations - Joint and Administration

$

County DFACS Operations - Employability Program

$

County DFACS Operations - Child Support Enforcement

$

Employability Benefits

$

Legal Services

$

Family Foster Care

$

Institutional Foster Care

$

Specialized Foster Care

$

11,731,139 $ 28,769,257 $
179,517,506 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$ $
$
Total Funds 696,762 $
4,839,988 $ 2,708,701 $ 3,979,883 $ 14,434,852 $ 2,212,436 $ 2,542,239 $ 3,831,624 $ 44,553,452 $ 114,134,948 $ 1,122,012 $ 2,795,420 $ 7,223,130 $ 122,506,799 $ 112,065,712 $ 3,190,752 $ 9,102,536 $ 73,934,329 $ 24,124,325 $ 25,995,784 $ 50,513,118 $ 4,290,503 $ 34,184,289 $ 29,166,210 $ 7,849,656 $

674,899 6,709,382
26,739,415
23,313,785 3,601,014
884,107 0
510,512 3,695,697 30,648,035
0 1,596,679 4,627,403 124,425,510 7,087,433 331,699,676 41,776,463 2,037,559 367,529,485
943,433,358
0 3,341,218
385,959,688
State Funds 696,762
4,327,947 2,429,398 3,979,883 1,933,369 2,212,436 1,536,448 3,831,624 5,468,055 48,247,444 1,122,012
0 0 60,774,634 47,233,961 0 2,983,382 37,757,959 9,502,900 9,063,311 15,861,742 2,520,990 20,534,195 23,370,978 4,891,413

Monday, March 20, 2000

Adoption Supplement

$

Prevention of Foster Care

$

Day Care

$

Special Projects

$

Children's Trust Fund

$

Indirect Cost

$

Total

$

5. Community Mental Health/Mental Retardation and Institutions:
Personal Services Operating Expenses Motor Vehicle Equipment Purchases Utilities Major Maintenance and Construction Community Services
Total Funds Budgeted Indirect DOAS Services Funding
Tobacco Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

Southwestern State Hospital

$

Augusta Regional Hospital

$

Northwest Regional Hospital at Rome

$

Georgia Regional Hospital at Atlanta

$

Central State Hospital

$

Georgia Regional Hospital at Savannah

$

Gracewood State School and Hospital

$

West Central Regional Hospital

$

Outdoor Therapeutic Programs

$

Metro Drug Abuse Centers

$

Substance Abuse Residential Services

$

Community Mental Health Services

$

Community Mental Retardation Services

$

Community Substance Abuse Services

$

State Administration

$

Regional Administration

$

Total

$

Budget Unit Object Classes:

Personal Services Regular Operating Expenses Travel

Motor Vehicle Purchases Equipment Real Estate Rentals

Per Diem, Fees and Contracts Computer Charges Telecommunications

Operating Expenses

36,881,820 $ 21,186,495 $ 174,820,622 $ 3,911,923 $ 4,633,038 $
0$
943,433,358 $
$ $ $ $ $ $
$ $ $
$
Total Funds 33,775,114 $ 17,070,438 $ 28,390,269 $ 39,703,160 $
117,984,404 $ 17,840,089 $ 52,995,935 $ 20,023,473 $ 4,060,743 $ 0$ 0$
185,004,199 $ 97,686,557 $ 94,308,718 $ 14,063,416 $ 6,367,656 $
729,274,171 $
$ $ $ $ $ $ $ $ $ $

1957
22,122,444 7,090,170 51,686,937 3,871,923 4,633,038 (10,384,449)
389,300,906
287,843,897 55,444,678 200,000 9,483,000 1,991,161
374,311,435
729,274,171 1,313,100 2,414,890
516,919,498
State Funds 20,237,740 15,305,144 19,046,102 31,571,520 72,580,974 16,921,101 23,836,901 17,863,731 3,121,173 0 0
177,873,875 62,335,078 44,252,651 8,952,015 5,436,383
519,334,388
531,517,718 96,532,853 5,394,769 250,582 2,483,613 14,988,441 74,796,963 54,780,722 20,626,000 55,444,678

1958

JOURNAL OF THE SENATE

Community Services Case Services Children's Trust Fund Cash Benefits Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Grant-In-Aid to Counties Major Maintenance and Construction Utilities Postage Payments to DCH-Medicaid Benefits Grants to County DFACS - Operations Medical Benefits

Total Funds Budgeted

Section 17. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and Tourism
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Local Welcome Center Contracts Marketing Georgia Ports Authority Lease Rentals Foreign Currency Reserve Waterway Development in Georgia Lanier Regional Watershed Commission Georgia World Congress Center One Georgia Fund
Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted

Departmental Functional Budgets

Administration

$

Economic Development

$

Trade

$

Tourism

$

Georgia Legacy

$

Strategic Planning and Research

$

Total

$

$

374,311,435

$

41,304,191

$

4,627,403

$

124,425,510

$

8,546,678

$

380,762,833

$

147,600,944

$

151,694,644

$

2,419,875

$

10,392,650

$

3,799,497

$

29,607,957

$

367,529,485

$

4,222,222

$

2,508,061,664

$
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 76,495,154 $ 4,470,933 $ 2,604,368 $ 4,413,412 $ 824,516 $ 3,751,249 $
92,559,632 $

92,559,632
12,598,152 1,311,323
605,806 20,000 93,724
391,336 818,323 422,215 2,561,387 250,600 11,354,553
0 0 50,000 0 0 62,082,213
92,559,632 62,082,213
30,477,419
State Funds 76,495,154 4,470,933 2,604,368 4,413,412 824,516 3,751,249
92,559,632

Monday, March 20, 2000

Section 18. Department of Insurance.
Budget Unit: Department of Insurance Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Health Care Utilization Review
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Internal Administration

$

Insurance Regulation

$

Industrial Loans Regulation

$

Fire Safety and Mobile Home Regulations

$

Special Insurance Fraud Fund

$

Total

$

Section 19. Department of Juvenile Justice.
Budget Unit: Department of Juvenile Justice Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Utilities Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Regional Youth Development Centers

$

$ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 5,098,884 $ 5,625,024 $ 538,124 $ 5,401,269 $ 565,716 $
17,229,017 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 64,249,985 $

1959
15,444,531 14,635,404
680,784 373,713 100,700
32,327 110,968 793,256 405,207
96,658 0
17,229,017
15,444,531
State Funds 5,098,884 5,625,024 538,124 3,616,783 565,716
15,444,531
271,907,321 164,608,517
15,294,667 2,756,260
228,444 1,039,874 2,802,748 2,377,856 2,141,205 18,655,394 3,490,764
697,800 0
31,848,772 32,274,441
0 0
278,216,742
271,907,321
State Funds 62,780,185

1960

JOURNAL OF THE SENATE

Youth Development Centers

$

YDC Purchased Services

$

Court Services

$

Day Centers

$

Group Homes

$

CYS Purchased Services

$

Law Enforcement Office

$

Assessment and Classification

$

Multi-Service Centers

$

Youth Services Administration

$

Office of Training

$

Total

$

Section 20. Department of Labor.
Budget Unit: Department of Labor Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts W.I.N. Grants Payments to State Treasury Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Section 21. Department of Law.
Budget Unit: Department of Law Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Books for State Library

Total Funds Budgeted

State Funds Budgeted

Section 22. Merit System of Personnel Administration.

83,602,727 $ 28,945,797 $ 27,843,695 $
527,095 $ 1,148,508 $ 38,440,371 $ 2,703,120 $
740,493 $ 4,056,561 $ 22,721,295 $ 3,237,095 $
278,216,742 $
$ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
$ $ $ $ $ $ $ $ $ $ $
$
$

81,008,373 28,206,399 27,581,200
527,095 1,148,508 37,307,595 2,703,120
740,493 3,966,561 22,700,697 3,237,095
271,907,321
13,481,779 88,434,073 6,821,420 1,422,917
0 434,662 2,301,374 2,477,791 2,017,240 54,500,000 4,188,174
0 1,287,478
0
163,885,129
13,481,779
15,398,545 14,679,711
724,211 199,322
0 14,375 304,337 825,793 196,787 19,500,000 147,000
36,591,536
15,398,545

Monday, March 20, 2000

Budget Unit: Merit System of Personnel Administration Personal Services Regular Operating Expenses Travel Equipment Real Estate Rents Per Diem, Fees and Contracts Computer Charges Telecommunications
Total Funds Budgeted Federal Funds
Other Agency Funds Agency Assessments Employee and Employer Contributions Deferred Compensation
State Funds Budgeted

Departmental Functional Budgets

Executive Office

$

Human Resource Administration

$

Employee Benefits

$

Internal Administration

$

Total

$

Section 23. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Authority Lease Rentals Advertising and Promotion Cost of Material for Resale Capital Outlay:
New Construction Repairs and Maintenance Land Acquisition Support Wildlife Management Area Land Acquisition Shop Stock - Parks User Fee Enhancements Buoy Maintenance Waterfowl Habitat Paving at State Parks and Historic Sites Grants: Land and Water Conservation

$ $ $ $ $ $ $ $ $
$ $ $ $ $ $
$
Total Funds 1,418,284 $ 4,551,737 $ 2,075,670 $ 4,879,972 $
12,925,663 $
$ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $
$

1961
0 7,495,132
992,269 95,263 23,127
767,856 1,213,574 2,124,165
214,277
12,925,663 0
1,437,184 10,975,106
0 513,373
0
State Funds 0 0 0 0
0
142,976,287 84,275,102 14,639,902 718,983 1,590,997 3,053,198 2,691,333 10,519,719 889,418 1,381,799 0 675,000 1,290,056
860,176 3,106,663
243,750 982,330 350,000 1,300,000
74,250 0
500,000
800,000

1962

JOURNAL OF THE SENATE

Georgia Heritage 2000 Grants Recreation Chattahoochee River Basin Grants Contracts: Paralympic Games Technical Assistance Contract Corps of Engineers (Cold Water Creek State Park) Georgia State Games Commission U. S. Geological Survey for Ground Water
Resources U.S. Geological Survey for Topographic Mapping Payments to Civil War Commission Hazardous Waste Trust Fund Solid Waste Trust Fund Payments to Georgia Agricultural Exposition Authority Payments to McIntosh County Georgia Regional Transportation Authority Community Green Space Grants
Total Funds Budgeted

Receipts from Jekyll Island State Park Authority Receipts from Stone Mountain Memorial
Association Receipts from Lake Lanier Islands
Development Authority Receipts from North Georgia Mountain Authority
Indirect DOAS Funding
State Funds Budgeted

Departmental Functional Budgets

Commissioner's Office

$

Program Support

$

Historic Preservation

$

Parks, Recreation and Historic Sites

$

Coastal Resources

$

Wildlife Resources

$

Environmental Protection

$

Pollution Prevention Assistance

$

Total

$

B. Budget Unit: Georgia Agricultural Exposition

Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

$ $ $
$ $ $ $
$ $ $ $ $
$ $ $ $
$
$
$
$ $
$
$
Total Funds 35,861,162 $ 6,094,002 $ 3,112,880 $ 39,621,349 $ 2,481,149 $ 38,494,668 $ 50,719,798 $ 882,321 $
177,267,329 $
$ $ $ $ $ $ $ $

341,000 300,000
0
0 0 170,047 212,646
300,000 0
66,000 7,595,077 6,132,574
2,107,309 100,000 0
30,000,000
177,267,329
840,190
0
1,331,931 1,434,982
200,000
142,976,287
State Funds 35,846,162 6,094,002 2,622,880 21,493,578 2,310,287 33,218,697 40,508,360 882,321
142,976,287
0 3,126,228 2,024,181
25,000 10,000 95,000 15,000
0

Monday, March 20, 2000

Telecommunications Per Diem, Fees and Contracts Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Georgia Agricultural Exposition Authority

$

Section 24. State Board of Pardons and Parole.
Budget Unit: Board of Pardons and Paroles Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Jail Subsidy Health Services Purchases
Total Funds Budgeted

State Funds Budgeted

Section 25. Department of Public Safety.

A. Budget Unit: Department of Public Safety 1. Operations Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports

Total Funds Budgeted Indirect DOAS Service Funding

2. Driver Services Budget:

State Funds Budgeted

$ $ $
$
$
Total Funds
6,215,409 $
$ $ $ $ $ $ $ $ $ $ $ $
$
$
$
$ $ $ $ $ $ $ $ $ $ $ $
$ $
$

1963
80,000 840,000
0
6,215,409
0
State Funds
0
49,808,029 39,769,564 1,697,625
530,000 230,199 190,000 591,200 3,038,958 1,065,000 2,014,983 660,500
20,000
49,808,029
49,808,029
112,978,775
68,318,242 8,722,257
146,036 4,632,350
356,690 3,156,710
28,962 2,744,147 1,329,300
145,100 0 0
89,579,794 1,650,000
87,929,794

1964

JOURNAL OF THE SENATE

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Conviction Reports State Patrol Posts Repairs and Maintenance Driver License Processing
Total Funds Budgeted Indirect DOAS Service Funding
State Funds Budgeted

Departmental Functional Budgets

Administration

$

Driver Services

$

Field Operations

$

Total

$

B. Budget Unit: Units Attached for Administrative

Purposes Only Attached Units Budget:
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Office of Highway Safety

$

Georgia Peace Officers Standards and Training

$

Police Academy

$

Fire Academy

$

Georgia Firefighters Standards and Training Council

$

Georgia Public Safety Training Facility

$

$ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
Total Funds 23,614,681 $ 25,048,981 $ 65,965,113 $
114,628,775 $
$
$ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 3,518,781 $ 1,562,540 $ 1,216,022 $ 1,253,988 $ 485,161 $ 11,653,168 $

20,402,178 1,112,113
20,000 0
62,343 0
47,262 273,300
59,000 0
303,651 34,900
2,734,234
25,048,981 0
25,048,981
State Funds 22,114,681 25,048,981 65,815,113
112,978,775
15,485,362
9,752,164 2,668,486
99,389 78,020 197,746 244,185 323,927 306,573 321,062 2,425,200 2,972,908 300,000
19,689,660
15,485,362
State Funds 588,483
1,562,540 1,126,022 1,143,988
485,161 10,579,168

Monday, March 20, 2000

1965

Total

$

Section 26. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System
Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted

State Funds Budgeted

Section 27. Public Service Commission.
Budget Unit: Public Service Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Transportation

$

Utilities

$

Total

$

Section 28. Board of Regents, University System of Georgia.

19,689,660 $
$
$ $
$
$
$ $ $ $ $ $ $ $ $ $
$
$
Total Funds 2,714,035 $ 4,321,542 $ 5,035,911 $
12,071,488 $

15,485,362
17,642,000
625,000 17,017,000
17,642,000
17,642,000
9,231,013 9,124,706
594,856 263,062 207,184
61,236 378,286 327,795 220,072 894,291
12,071,488
9,231,013
State Funds 2,714,035 1,754,378 4,762,600
9,231,013

A. Budget Unit: Resident Instruction
Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations
Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay

$

1,434,370,525

$

1,516,828,682

$

215,731,047

$

373,145,021

$

637,169,805

$

52,579,707

$

1,147,473

$

370,842

$

1,009,322

$

14,296,890

$

550,000

1966

JOURNAL OF THE SENATE

Total Funds Budgeted Departmental Income
Sponsored Income Other Funds
Indirect DOAS Services Funding
State Funds Budgeted

B. Budget Unit: Regents Central Office and Other
Organized Activities Personal Services:
Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Fire Ant and Environmental Toxicology Research Agricultural Research Advanced Technology Development Center/
Economic Development Institute Seed Capital Fund - ATDC Capital Outlay Center for Rehabilitation Technology SREB Payments Regents Opportunity Grants Regents Scholarships Rental Payments to Georgia Military College CRT Inc. Contract at Georgia Tech Research Institute Direct Payments to the Georgia Public
Telecommunications Commission for Operations Public Libraries Salaries and Operations Student Information System
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding
State Funds Budgeted

Regents Central Office and Other Organized Activities

Marine Resources Extension Center

$

Skidaway Institute of Oceanography

$

Marine Institute

$

Georgia Tech Research Institute

$

Advanced Technology Development Center/

Economic Development Institute

$

Agricultural Experiment Station

$

Cooperative Extension Service

$

Medical College of Georgia Hospital and Clinics

$

$ $ $ $ $
$
$
$ $
$ $ $ $
$ $ $ $ $ $ $ $ $
$ $ $
$ $ $ $ $
$
Total Funds 2,516,306 $ 5,439,677 $ 1,878,491 $
112,517,680 $
18,796,405 $ 73,440,974 $ 60,527,405 $ 364,012,529 $

2,812,828,789 103,648,940 852,900,852 418,868,972 3,039,500
1,434,370,525
247,172,285
317,957,396 119,541,146
144,992,577 61,560,179 0 2,784,785
18,796,405 0 0
6,016,213 897,525 600,000 0
1,390,021 0
20,923,243 32,375,807 30,000,000
757,835,297 4,361,597
192,537,069 313,220,846
543,500
247,172,285
State Funds 1,646,559 1,853,484 1,110,858 10,248,495
9,280,323 45,300,255 37,511,168 35,961,155

Monday, March 20, 2000

Veterinary Medicine Experiment Station

$

Veterinary Medicine Teaching Hospital

$

Georgia Radiation Therapy Center

$

Athens and Tifton Veterinary Laboratories

$

Regents Central Office

$

Public Libraries

$

State Data Center

$

Total

$

C. Budget Unit: Georgia Public Telecommunications
Commission Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted Other Funds
State Funds Budgeted

3,569,225 $ 5,353,607 $ 3,696,513 $ 3,443,781 $ 32,914,113 $ 35,628,283 $ 34,100,308 $
757,835,297 $
$ $ $ $ $
$ $
$

D. Budget Unit: Lottery for Education

$

Equipment, Technology and Construction Trust Fund

$

Georgia Public Telecommunications Commission

$

Internet Connection Initiative

$

Special Funding Initiatives

$

Research Consortium - Georgia Research Alliance

$

Capital Outlay

$

Student Information System

$

Educational Technology Center

$

Total Funds Budgeted

$

Lottery Funds Budgeted

$

Section 29. Department of Revenue.

Budget Unit: Department of Revenue

$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommunications

$

Per Diem, Fees and Contracts

$

County Tax Officials/Retirement and FICA

$

Grants to Counties/Appraisal Staff

$

Motor Vehicle Tags and Decals

$

Postage

$

Investment for Modernization

$

1967
3,569,225 576,097 0 89,811
32,805,472 33,119,075 34,100,308
247,172,285
0 10,661,987 14,875,994 4,040,278 4,855,685
34,433,944 34,433,944
0
31,947,000 0
2,071,000 1,500,000 7,466,000
0 0 20,000,000 910,000
31,947,000
31,947,000
267,940,827 66,737,605 5,192,424 1,170,983 293,267 312,814 11,256,572 2,914,564 3,172,830 1,201,600 4,272,795 0 2,404,350 3,486,810 4,902,668

1968

JOURNAL OF THE SENATE

Homeowner Tax Relief Grants
Total Funds Budgeted Indirect DOAS Services Funding
State Funds Budgeted

Departmental Functional Budgets

Departmental Administration

$

Internal Administration

$

Information Systems

$

Compliance Division

$

Income Tax Unit

$

Motor Vehicle Unit

$

Property Tax Unit

$

Sales Tax Unit

$

State Board of Equalization

$

Taxpayer Accounting

$

Alcohol and Tobacco

$

Total

$

Section 30. Secretary of State.
A. Budget Unit: Secretary of State Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Election Expenses Capital Outlay

Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Internal Administration

$

Archives and Records

$

Business Services - Corporations

$

Business Services - Securities

$

Elections and Campaign Disclosure

$

Drugs and Narcotics

$

State Ethics Commission

$

State Examining Boards

$

Holocaust Commission

$

Total

$

$
$ $
$
Total Funds 21,483,041 $ 4,475,420 $ 10,869,156 $ 25,944,703 $ 8,637,225 $ 17,181,952 $
170,196,762 $ 5,179,715 $ 20,000 $ 6,373,839 $ 2,957,469 $
273,319,282 $
$ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 4,835,489 $ 5,109,479 $ 2,532,021 $ 2,312,818 $ 4,596,638 $ 1,353,596 $ 588,821 $ 11,098,202 $ 240,895 $
32,667,959 $

166,000,000
273,319,282 3,845,000
267,940,827
State Funds 21,483,041 4,325,420 9,853,956 25,804,703 8,337,225 15,881,952
168,663,307 5,079,715 20,000 5,534,039 2,957,469
267,940,827
31,622,959 18,898,149 3,053,486
234,150 191,357
73,491 2,915,446 3,020,829
857,385 1,792,766
640,900 990,000
32,667,959
31,622,959
State Funds 4,805,489 5,034,479 1,812,021 2,262,818 4,576,638 1,353,596 588,821 10,948,202 240,895
31,622,959

Monday, March 20, 2000

1969

B. Budget Unit: Real Estate Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Real Estate Commission

$

Section 31. Soil and Water Conservation Commission.
Budget Unit: Soil and Water Conservation Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts County Conservation Grants
Total Funds Budgeted

State Funds Budgeted

Section 32. Student Finance Commission.
A. Budget Unit: Student Finance Commission Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Payment of Interest and Fees Guaranteed Educational Loans

$ $ $ $ $ $ $ $ $ $
$
$
State Funds
2,336,433 $
$ $ $ $ $ $ $ $ $ $ $
$
$
$ $ $ $ $ $ $ $ $ $ $ $

2,336,433 1,431,003
175,000 18,000 0 10,000
318,945 170,085
69,400 144,000
2,336,433
2,336,433
Cost of Operations
2,376,433
2,367,699 1,542,670
301,124 41,285 64,741 14,033 12,128
123,852 27,457
857,202 87,000
3,071,492
2,367,699
35,041,906 542,191 26,355 21,257 0 6,300 20,233 50,438 13,691 46,706 0
4,669,455

1970

JOURNAL OF THE SENATE

Tuition Equalization Grants Student Incentive Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants North Georgia College Graduates Scholarship Osteopathic Medical Loans Georgia Military Scholarship Grants Paul Douglas Teacher Scholarship Loans Work Incentive for Students
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Georgia Student Finance Authority

$

Georgia Nonpublic Postsecondary Education

Commission

$

Total

$

B. Budget Unit: Lottery for Education HOPE Financial Aid - Tuition HOPE Financial Aid - Books HOPE Financial Aid - Fees Tuition Equalization Grants Hope Scholarships - Private Colleges Georgia Military College Scholarship LEPD Scholarship Teacher Scholarships Promise Scholarships Engineer Scholarships Pell Grant Offset
Total Funds Budgeted
Lottery Funds Budgeted
Section 33. Teachers' Retirement System.
Budget Unit: Teachers' Retirement System Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Employee Benefits Retirement System Members Floor Fund for Local Retirement Systems

$ $ $ $ $ $ $ $ $
$
$
Total Funds 34,314,735 $
727,171 $
35,041,906 $
$ $ $ $ $ $ $ $ $ $ $ $
$
$
$ $ $ $ $ $ $ $ $ $ $ $ $

27,886,156 0
68,000 337,500
60,500 40,000 739,412
0 513,712
35,041,906
35,041,906
State Funds 34,314,735
727,171
35,041,906
225,882,697 112,874,779
31,591,018 18,958,716
0 33,311,070
839,784 232,330 3,500,000 975,000 600,000 23,000,000
225,882,697
225,882,697
3,270,000 7,287,093
350,300 20,500 0 6,000
967,909 622,335 219,698 333,500
0 3,100,000
170,000

Monday, March 20, 2000

H.B.203 - Teachers' Accrued Sick Leave Total Funds Budgeted

State Funds Budgeted

Section 34. Department of Technical and Adult Education.
A. Budget Unit: Department of Technical and
Adult Education Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem, Fees and Contracts Computer Charges Telecommunications Salaries and Travel of Public Librarians Public Library Materials Talking Book Centers Public Library Maintenance and Operation Capital Outlay Personal Services-Institutions Operating Expenses-Institutions Area School Program Adult Literacy Grants Regents Program Quick Start Program
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Administration

$

Institutional Programs

$

Total

$

B. Budget Unit: Lottery for Education Computer Laboratories and Satellite Dishes-Adult
Literacy Capital Outlay Capital Outlay - Technical Institute Satellite Facilities Equipment-Technical Institutes Repairs and Renovations - Technical Institutes
Total Funds Budgeted

$
$
$
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
$
Total Funds 8,774,926 $
318,567,185 $
327,342,111 $
$
$ $ $ $ $
$

1971
0
13,077,335
3,270,000
251,594,994 6,275,876 413,890 132,000 0 57,741 550,846 392,265 836,328 115,980 0 0 0 0 5,783,907
211,634,640 61,499,037 6,454,757 19,888,214 3,698,828 9,607,802
327,342,111
251,594,994
State Funds 6,715,138
244,879,856
251,594,994
12,500,000
0 0 0 12,500,000 0
12,500,000

1972

JOURNAL OF THE SENATE

Lottery Funds Budgeted

Section 35. Department of Transportation.
Budget Unit: Department of Transportation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Capital Outlay Capital Outlay - Airport Aid Program Mass Transit Grants Harbor Maintenance/Intra-Coastal
Waterways Maintenance and Operations Contracts with the Georgia Rail Passenger Authority
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Motor Fuel Tax Budget

Planning and Construction

$

Maintenance and Betterments

$

Facilities and Equipment

$

Administration

$

Total

$

General Funds Budget

Planning and Construction

$

Maintenance and Betterments

$

Administration

$

Air Transportation

$

Inter-Modal Transfer Facilities

$

Harbor/Intra-Coastal Waterways Activities

$

Total

$

Section 36. Department of Veterans Service.
Budget Unit: Department of Veterans Service Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts

$
$ $ $ $ $ $ $ $ $ $ $ $ $
$ $
$
$
Total Funds 1,169,512,682 $
231,330,640 $ 19,606,694 $ 33,121,405 $
1,453,571,421 $
191,154 $ 0$
22,753 $ 3,615,535 $ 20,833,179 $
710,855 $
25,373,476 $
$ $ $ $ $ $ $ $ $ $

12,500,000
591,784,309 273,822,814
63,813,492 2,188,931 2,000,000 10,345,685 12,829,146 1,335,963 4,492,508 94,621,742 995,934,436 3,841,866 12,451,793
710,855 555,666
1,478,944,897
591,784,309
State Funds 314,456,316 214,347,585
18,874,694 32,321,405
580,000,000
191,154 0
22,753 3,078,324 7,781,223
710,855
11,784,309
20,249,916 5,732,166 297,803 100,000 0 163,057 27,080 264,941 83,660 14,810,500

Monday, March 20, 2000

Operating Expense/Payments to Medical College of Georgia
Capital Outlay WWII Veterans Memorial Regular Operating Expenses for Projects and
Insurance
Total Funds Budgeted

State Funds Budgeted

Departmental Functional Budgets

Veterans Assistance

$

Education and Training

$

Veterans Nursing Home-Augusta

$

Total

$

Section 37. Workers' Compensation Board.
Budget Unit: Workers' Compensation Board Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Payments to State Treasury
Total Funds Budgeted

State Funds Budgeted

Section 38. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (Issued) Motor Fuel Tax Funds (Issued)

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New) Motor Fuel Tax Funds (New)

Section 39.

Provisions Relative to Section 3, Judicial Branch.

$ $ $
$
$
$
Total Funds 21,808,580 $ 0$ 8,143,660 $
29,952,240 $
$ $ $ $ $ $ $ $ $ $ $
$
$
$ $ $
$ $
$

1973
7,840,660 0
196,373 436,000 29,952,240
20,249,916
State Funds 15,728,920 0 4,520,996 20,249,916
11,949,645 9,847,042 434,815 140,600 0 9,288 220,320 1,206,524 251,656 99,400 0
12,209,645
11,949,645
501,706,729 25,000,000
526,706,729
0 0 0

1974

JOURNAL OF THE SENATE

The appropriations in Section 3 (Judicial) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 40. Provisions Relative to Section 4, Department of Administrative Services.

It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services.

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2000 of all vehicles purchased or newly leased during Fiscal Year 2000.

Notwithstanding any provision of the law to the contrary, in managing any of the self-insurance funds or insurance programs which are the responsibility of the commissioner of administrative services, including but not limited to those established pursuant to OCGA 45-9-1 et.seq., 50-5-1 et.seq., 50-16-1 et.seq. and 50-21-20 et.seq., the commissioner of administrative services may, subject to the approval of the Office of Planning and Budget, transfer funds between any such self-insurance funds or insurance programs.

Section 41. Provisions Relative to Section 7, Department of Community Affairs.

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects.

Provided, that from the appropriation made above for "Local Assistance Grants", specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

RECIPIENT Pierce County Sumter County City of Atlanta Lowndes County City of Dawsonville City of Hartwell

DESCRIPTION Lee Street Resource Center Continue restoration effort at the Rylander Theater in Americus Martin Luther King, Jr. Boulevard revitalization Construct Valdosta/Lowndes County Conference Center Thunder Road/NASCAR Hall of Fame, Dawsonville Hartwell Conference Center and necessary wastewater treatment facilities

AMOUNT

$

125,000

$

450,000

$

100,000

$ 1,000,000

$

150,000

$ 1,000,000

Monday, March 20, 2000

1975

DeKalb County

Feasibility study for planning and design for DeKalb County

Convention and Visitor's Bureau cultural center

$

Pulaski County

Restoration of the Pulaski County Courthouse

$

Cobb County

Feasibility study and implementation of the South Cobb

redevelopment initiative

$

City of Albany

Civil Rights Museums in Albany

$

Forsyth County

Feasibility study for Lake Lanier water quality council

$

Clayton County

Preservation/renovation of first brick house in historic Jonesboro

in Clayton County

$

Columbia County Library Feasibility study for planning and design of the Columbia County

Trustees

library

$

Gwinnett County

Train and rehabilitate workers in Gwinnett County

$

Wayne County

Purchase additional seating and equipment for the Wayne County

Board of Education

High School Auditorium

$

Wayne County

Provide funds for Historical Chattahoochee Commission

$

City of Smyrna

Construction and land improvements for Cobb Veterans' Memorial

in Smyrna

$

Bibb County

Contract for services with Harriet Tubman Museum in Bibb County $

Clayton County

Contract for services with Clayton County Greenway Council

$

City of Albany

Conduct a feasibility study on water usage planning for South

Georgia at Albany State

$

Banks County

Construct a multi-purpose agricultural building in Banks County

$

City of Tifton

To provide funds for an agricultural facility in Tifton

$

Stephens County

Provide funds for a high school cannery in Stephens County

Board of Education

$

City of Cairo

Contract with Southwest Georgia Community Foundation for

Performing Arts Center in Cairo

$

City of Augusta

Contract for services with National Legacy Foundation in Augusta $

Alcovy Shores Water and Improvements to Alcovy Shores Public Water System in Jasper

Sewerage Authority

County

$

(Jasper County)

Appling County

Improvements to the Long Branch Community Center building in

Appling County

$

Athens-Clarke County

Contract for services with Northeast Georgia Health Center for the

Patient Cardiovascular Disease Prevention Project in East Athens- $

Clarke County

Athens-Clarke County

Contract for services with Food Bank of Northeast Georgia in

Athens-Clarke County

$

Athens-Clarke County

Purchase van for the Athens Regional Library System in Athens-

Library Trustees

Clarke County

$

Athens-Clarke County

Contract for services with Athens Child Development, Inc. for

emergency child care

$

Athens-Clarke County

Upgrade computers and expand services at the Athens

Neighborhood Health Center

$

Atkinson County

Improvements to jail including safety and security in Atkinson

County

$

Atkinson County

Playground equipment, tractor and finishing mower for Axson

and Legion Parks in Atkinson County

$

Atkinson County

Repairing high school bleachers at football field and repairing

Board of Education

roof at Pearson Elementary and Atkinson County High

$

Augusta/Richmond

Contract for services with the Shiloh Comprehensive Community

County

Center in Augusta/Richmond County

$

Augusta/Richmond

Contract for services with the Lucy C. Laney Museum in

County

Augusta/Richmond County

$

Augusta/Richmond

Contract for services with Beulah Grove Resources in

County

Augusta/Richmond County

$

50,000 400,000
1,000,000 75,000 32,000
50,000
50,000 50,000
50,000 4,500
250,000 150,000 68,000
750,000 200,000 100,000 200,000
190,000 150,000
15,000
5,000
25,000
25,000 25,000
30,000
20,000 10,000
15,000
20,000 2,500
2,500
2,500

1976
Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Augusta/Richmond County Board of Education Bacon County Baldwin County Baldwin County Baldwin County Baldwin County
Baldwin County Board of Education Banks County Ben Hill County Ben Hill County Ben Hill County
Berrien County Berrien County

JOURNAL OF THE SENATE

Contract for services with the CSRA Transitional Center, Inc. in

Augusta/Richmond County

$

Repair and purchase/install new seating for the Imperial Theater in

Augusta/Richmond County

$

Landscaping and flowers for Augusta/Richmond County

$

Contract for services with Belle-Terrace Community Center for

summer programs in Augusta/Richmond County

$

Technology improvements for East Georgia Easter Seals in

Augusta/Richmond County

$

Contract for services with the Neighborhood Improvement Project,

Inc. in Augusta/Richmond County

$

Contract for services with the Augusta/Richmond Opportunities

Center, Inc.

$

Contract for services with Good Hope Social Services summer

school program in Augusta/Richmond County

$

Improvements to a recreation facility and adjacent facilities in

Augusta/Richmond County

$

Contract for services with Augusta Arsenal and Carriage Works

Museum

$

Purchase band equipment for Richmond Academy High School

$

Improvements to baseball field fence and dugout for girls softball

team at Westside Comprehensive High School in Augusta/

Richmond County

$

Purchase equipment for Terrace Manor Elementary School in

Augusta/Richmond County

$

Purchase equipment for Wilkinson Gardens Elementary School in

Augusta/Richmond County

$

Purchase equipment and furnishings for the technical program at

Glenn Hills High School in Augusta/Richmond County

$

Purchase technology improvements for Tutt Middle School in

Augusta/Richmond County

$

Purchase athletic equipment and uniforms for the Glenn Hills High

School in Augusta/Richmond County

$

Purchase equipment for Bacon County Extension Service

$

Safety improvements to a county road in Baldwin County

$

Pave a parking lot at Walter B. Williams, Jr. Park in Baldwin County $

Purchase equipment for East Baldwin Fire Station

$

Develop a countywide prioritized transportation plan in Baldwin

County

$

Installation of lighting project including scoreboard control cables

for high school baseball field in Baldwin County

$

Upgrade computers for foster homes' programs in Banks County

$

Construct a new facility for the Fire Station #5 in Ben Hill County $

Purchase/install lighting for new ballfield in Ben Hill County

$

Contract for services for monitoring Enrichment Program in Ben

Hill County

$

Purchase/install road identification traffic signs in Berrien County $

Purchase life saving emergency equipment for the West Berrien

12,500 25,000 25,000
5,000 5,000 10,000 10,000 20,000 45,000 40,000 5,000
15,000 7,500
2,500
7,500
20,000
10,000 3,000
10,000 40,000 15,000 10,000 25,000
2,000 5,000 10,000 20,000 5,000

Monday, March 20, 2000

1977

Berrien County Bibb County Bibb County
Bibb County
Bibb County Bibb County Bibb County
Bleckley County Board of Education Bleckley County Bleckley County Brantley County
Brantley County Brooks County
Bryan County
Bryan County Bryan County
Bryan County Board of Education Bryan County Board of Education Bulloch County
Bulloch County Bulloch County Burke County Board of Education Burke County Board of Education Butts County Calhoun County Board of Education Candler County Board of Education Carroll County Board of Education Carroll County Board of Education Charlton County Board of Education Charlton County Chatham County Chatham County
Chattahoochee County Chattahoochee Board of Education Chattooga County

Volunteer Fire Department

$

Purchase fire fighting emergency equipment in Berrien County

$

Planting and beautification of southern gateway in Bibb County

$

Operation and staff development of the Douglas Theater in Bibb

County

$

Contract for services and purchase medical assistance for indigent

HIV patients at Bibb County Health Clinic

$

Contract for services with the Hope initiative in Bibb County

$

Contract for services with Disabilities Connections in Bibb County $

Purchase/install lighting for soccer field for Middle Georgia Soccer

Association, Inc. in Bibb County

$

Purchase/install lighting for Bleckley County Schools

$

Purchase technology equipment for Bleckley County public safety $

Bleckley County Fire Department

$

Operating expenses for Department of Intergovernmental Relations

in Brantley County

$

Purchase equipment for Brantley County volunteer fire departments $

Purchase firefighting equipment for the Talloakes Road Volunteer

Fire Department

$

Renovate pier and bathroom facilities and purchase/install picnic

tables at the Tivoli River recreation area in Bryan County

$

Renovate/expand the Black Creek School building in Bryan County $

Purchase emergency fire equipment for Bryan County Fire

Department

$

Purchase playground equipment for Bryan County Elementary

$

Purchase/install stand for the Bryan County High School Football

field

$

Improvements to picnic pavilion in Brooklet Park for the

Statesboro/Bulloch County Recreation Department

$

Renovate and rewire Brooklet Elementary School in Bullock County $

Remodel and renovate livestock center in Bulloch County

$

Installation, site set up and training fees for distance learning

classes in Burke County

$

Purchase a computerized reading program (Waterford Program) for

primary schools in Burke County

$

Construct and operate animal shelter in Butts County

$

Purchase athletic equipment for Calhoun County schools

$

Purchase furniture for a new high school in the City of Metter,

Candler County

$

Upgrade athletic facilities at Central High School in Carroll County $

Improvements to Temple High School Athletic facilities in Carroll

County

$

Purchase playground equipment for Folkston Elementary School in

Charlton County

$

Purchase equipment for Charlton County volunteer fire departments $

Contract for services with Senior Citizens, Inc. in Chatham County $

Contract for services from Savannah/Chatham Humane Society

requiring repairs, renovation and new cages

$

Drill groundwater well and replace pump in Chattahoochee County $

Renovate classrooms for in Chattahoochee County schools

$

Purchase automatic defibrillators for the Chattooga County Mutual

10,000 10,000 30,000
10,000
15,000 20,000 20,000
25,000
10,000 10,000 10,000
10,000 5,000
3,000
3,000 5,000
5,000
10,000
10,000
10,000 25,000 50,000
15,000
50,000 15,000
10,000
20,000
15,000
15,000
25,000 5,000
15,000
5,000 40,000
30,000

1978
Clayton County
Clayton County Clayton County
Clayton County
Clayton County Clayton County
Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clayton County Board of Education Clinch County

JOURNAL OF THE SENATE

Aid Association

$

Contract for services from the Rainbow House, Inc.requiring facility

improvements in Clayton County

$

Landscaping for the Clayton County Department of Transportation $

Purchase new furniture and laptop computer for the Clayton County

Aging Program Advisory Board

$

Contract for services with the Calvary Refuge Center shelter for the

homeless in Clayton County

$

Restore the Old Mundy Mill in Clayton County

$

Contract for services with Clayton Clean and Beautiful program for

educational information

$

Repair/renovate P.E. Athletic Field and purchase uniforms and

athletic equipment for Lovejoy Middle School in Clayton County $

Improvements to the marching band practice field at Lovejoy High

School in Clayton County

$

Construct an outdoor pavilion at Lee Street Elementary in Clayton

County

$

Purchase projection device for the M.D. Roberts Middle School

technology addition in Clayton County

$

Complete student services for M.D. Roberts Middle School in

Clayton County

$

Purchase audio/visual equipment for computer technology

instruction at Jonesboro Middle School in Clayton County

$

Purchase books for the Jonesboro Middle School library in Clayton

County

$

Purchase playground equipment for Northcutt Elementary School in

Clayton County

$

Purchase equipment for the athletic, fine arts and band programs at

North Clayton Middle School in Clayton County

$

Purchase equipment for fine arts and band programs at North

Clayton High School in Clayton County

$

Purchase equipment for the athletic program at North Clayton High

School in Clayton County

$

Athletic program, fine arts and band programs at Riverdale Middle

School in Clayton County

$

Purchase playground equipment at Riverdale Elementary School in

Clayton County

$

Purchase equipment for the athletic, fine arts and band programs at

Riverdale High School in Clayton County

$

Purchase equipment for the athletic program at Riverdale High

School in Clayton County

$

Purchase playground equipment for West Clayton Elementary

School in Clayton County

$

Construct a black top area for P.E. instruction at Pointe South

Elementary in Clayton County

$

Purchase equipment and security monitors for Pointe South Middle

School in Clayton County

$

Purchase playground and outdoor fitness equipment for the new

Hawthorne Elementary School in Clayton County

$

Purchase playground equipment for E. W. Oliver Elementary School

in Clayton County

$

Complete a walking track for the students at Brown Elementary

School in Clayton County

$

Purchase playground equipment for Church Street Elementary

School in Clayton County

$

Improvements to Clinch County recreation park

$

10,000 50,000 10,000 10,000 50,000
5,000 15,000
2,500 3,000 10,000 4,800 8,000 2,500 4,800 5,000 10,000 10,000 10,000 5,000 5,000 10,000 10,000 5,000 9,000 10,000 7,500 5,000 2,500 5,000 15,000

Cobb County Cobb County
Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Cobb County Board of Education Colquitt County
Columbia County
Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbia County Board of Education Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee

Monday, March 20, 2000

1979

Repair and renovate South Cobb Community Center

$

Purchase van for Cobb/Douglas Regional Board and Service Board

in Cobb County

$

Expand Pebblebrook High School football stadium in Cobb County $

King Springs Elementary School Language Development Program

in Cobb County

$

Purchase/install educational class sound system at Nickajack

Elementary School in Cobb County

$

Purchase/install technology connections, wiring, security systems at

Powers Ferry Elementary School in Cobb County

$

Improvements to the Campbell High School storage restroom facility

in Cobb County

$

Purchase/install fencing to enclose a playground area at Bells Ferry

Elementary School in Cobb County

$

Purchase lockers and basic furnishings for the Sprayberry High

School field house in Cobb County

$

Environmental class improvements for Addison Elementary School

in Cobb County

$

Upgrade lab and equipment for Cobb County Schools

$

Construct a building and purchase equipment for the Crossland Fire

Department in Colquitt County

$

Beautify five entrances of Harlem with trees and shrubs in Columbia

County

$

Purchase classroom computers for Stevens Creek Elementary in

Columbia County

$

Purchase classroom computers for Blue Ridge Elementary in

Columbia County

$

Create a nature learning trail for Martinez Elementary in Columbia

County

$

Athletic improvements at Lakeside High School in Columbia

County

$

Purchase classroom computers for Riverside Elementary School in

Columbia County

$

Purchase/install lighting for softball fields at Harlem, Lakeside, and

Greenbrier High Schools in Columbia County

$

Improve landscaping and install an irrigation system at Evans

Elementary School in Columbia County

$

Refurbish football stadium and field houses at Evans Middle School

in Columbia County

$

Improvements to band room at Evans High in Columbia County

$

Health Center in South Columbus

$

Contract for services with the Urban League of Greater Columbus

for AYouth Alive 2000"

$

Renovation, maintenance and operation of Memorial Stadium for

the Adahalia Mack Park Community Center

$

Play and Learn Together program for Columbus Extension Service $

Contract for services with Outreach Programs at Boys and Girls

Clubs of Columbus, Inc.

$

Contract for services with Two Thousand Opportunities, Inc. in

Columbus/Muscogee County

$

Contract for services with Project Rebound/Family Institute in

30,000 10,000 30,000
5,000 5,000 25,000 25,000 15,000 40,000 5,000 14,000 10,000 6,000 5,000 5,000 5,000 25,000 5,000 30,000 4,000 10,000 25,000 25,000 25,000 50,000 25,000 120,000 50,000

1980

JOURNAL OF THE SENATE

County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County Cook County Crawford County
Crawford County Board of Education Crawford County Board of Education Crisp County Dawson Downtown Development Authority DeKalb County DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County
DeKalb County DeKalb County DeKalb County DeKalb County
DeKalb County DeKalb County
DeKalb County

Columbus/Muscogee County

$

Contract for services with the Easter Seals of West Georgia, Inc.

day care center in Columbus/Muscogee County

$

Match challenge grants for the Human Experience Theater in

Columbus/Muscogee County

$

Columbus Community Center Outreach tutoring and outreach

programs

$

Contract for services with Metropolitan Columbus Task Force for

the Homeless

$

Purchase a shelter facility for the Children's Emergency Shelter and

Assessment Center in Columbus

$

Contract for services with the Combined Communities of Southeast

Columbus for a summer tutorial program

$

Purchase fire fighter emergency equipment in Cook County

$

Purchase equipment and operation of the Crawford County

Chamber of Commerce

$

Construct a covered pavilion at Crawford County High School

$

Expansion and improvements to athletic facilities for Crawford

County High School

$

Operating and maintenance funds for Crisp Area Art Alliance

$

Creation of park area for Main Street for the Dawson Downtown

Development Authority

$

Renovations at the Art Station Inc. in DeKalb County

$

Renovate/repair entrances, beautification and maintenance of

community common areas and landscaping in DeKalb County

$

Contract for services with Art Station, Inc. after school and summer

programs in DeKalb County

$

Purchase music education and workshops for the South DeKalb

Youth Choir in DeKalb County

$

Contract for services Mr. Kenyada's Neighborhood, Inc. for

computer literacy programs in DeKalb County

$

Contract for services with Black Women Coalition of Atlanta for

tutorial program and scholarships in DeKalb County

$

Improvements and purchase equipment for the Central DeKalb

Youth Football program

$

Construct additional fields for Central DeKalb Sports Association $

Purchase van, insurance and maintenance for Scottdale Child

Development and Family Resource Center, Inc. DeKalb County

$

Contract for services Iam, Inc. for tutorial program and leadership

academy in DeKalb County

$

Purchase signs for the Glenwood Little League Program in DeKalb

County

$

SLAM (Students Learning and Advancing in Math) Plus Reading

program in DeKalb County

$

Expand and renovate Exchange Park for the Glenwood Hills Youth

Association in DeKalb County

$

Redan High Touchdown Club for athletic field house

$

Contract for services with DeKalb Clean and Beautiful projects

$

Maintenance of Lithonia Women's Club in DeKalb County

$

Contract for services for athletic activities for Browns Mill Park in

DeKalb County

$

Development of Wonderland Gardens in South DeKalb County

$

Construct picnic pavilion and repave main service drive at the

Gresham Park Baseball and Youth Football fields in DeKalb County $

Contract for services with Clarkston Community Center in DeKalb

25,000
40,000
25,000 20,000
25,000
100,000 20,000 15,000 20,000
20,000
35,000 20,000
30,000 30,000
28,000 25,000
10,000
7,500 10,000
25,000 25,000
40,000
15,000 7,500
5,000
50,000 1,000
19,000 5,000
20,000 25,000 30,000

Monday, March 20, 2000

1981

DeKalb County DeKalb County DeKalb County DeKalb County
DeKalb County Board of Education DeKalb County Board of Education DeKalb County Board of Education DeKalb County Board of Education DeKalb County Board of Education DeKalb County Board of Education DeKalb County Board of Education Dodge County Dodge County Dougherty County
Dougherty County
Dougherty County
Douglas County
Douglas County Board of Education Echols County Effingham County
Effingham County
Effingham County Board of Education Elbert County
Elbert County Board of Education Elbert County Board of Education Emanuel County
Emanuel County Library Trustees Emanuel County
Emanuel County Fannin County Fannin County
Floyd County

County

$

Construct a facility for Senior Connections in DeKalb County

$

Purchase/implement youth programs and services in DeKalb

$

Contract for services with Push Push Theater in DeKalb County

$

Contract for services Green Forest Community Development Corp.

for after school and computer literacy programs in DeKalb County $

Purchase equipment, uniforms and supplies for Lithonia High

School in DeKalb County

$

Implementation of brain-based layered curriculum at Shamrock

Middle School in DeKalb County

$

Purchase materials and equipment, construct an indoor habitat and

fund field trips for Cedar Grove Middle School in DeKalb County $

Purchase/install school sign at the Hooper-Alexander Elementary

School in DeKalb County

$

Programs complimenting elementary school PTA activities in

DeKalb County

$

Contract for services for an accelerated reading program at Forest

Hills Elementary School in DeKalb County

$

Purchase band uniforms and instruments for each DeKalb County

High School

$

Repair Dodge County courthouse and purchase computers

$

Contract for services with the Dodge County Recreation Commission $

Construct a memorial to Confederate soldiers including landscaping

of a one acre park in Dougherty County

$

Contract for services with River Rd Inc., d/b/a SAFEC-South

Albany Family Enrichment Collaborative in Dougherty County

$

Contract for services with the Dougherty County Community

Coalition

$

Improvements to the emergency 911 dispatch system in Douglas

County

$

Purchase/install integrated information systems technology lab at

Alexander High School in Douglas County

$

Construct a building for Echols County Volunteer Fire Department $

Purchase Jaws of Life and additional fire-fighting equipment for

Faulkville Volunteer Fire Department in Effingham County

$

Construct a pavilion at the Meldrim Community Park in Effingham

County

$

Purchase playground equipment for Springfield Central Elementary

in Effingham County

$

Purchase building and equipment for the Petersburg Fire

Department in Elbert County

$

Purchase equipment for Elbert County High Band

$

Purchase playground equipment for Bowman Elementary School in

Elbert County

$

Renovate and purchase equipment for the Emanuel County

volunteer fire departments

$

Purchase equipment for Emanuel County Library

$

Downtown development including repair/renovation to county park

in Emanuel County

$

Planning and repairs for Emanuel County Airport

$

Renovations/repairs to Fannin County courthouse

$

Renovations/repairs to the Epworth Community Club in Fannin

County

$

Contract for services with Rome/Floyd Recreation Authority

$

20,000 60,000 20,000 40,000
21,000
5,000 10,000
10,000
6,000 9,000
8,000
18,000 55,000 10,000
25,000
10,000 25,000
40,000
5,000 50,000
5,000 5,000
10,000
15,000 3,500
2,500
15,000 10,000
50,000 10,000 25,000 35,000 10,000

1982

JOURNAL OF THE SENATE

Floyd County Board of Education Franklin County Franklin County Board of Education Fulton County
Fulton County
Fulton County
Fulton County Fulton County
Fulton County Fulton County
Fulton County
Fulton County
Fulton County
Fulton County Board of Education
Fulton County Board of Education Fulton County Board of Education Georgia Mountains RDC
Gilmer County Glascock County
Glynn County Glynn County Glynn County
Gordon County
Grady County
Greene County
Greene County Gwinnett County
Gwinnett County Gwinnett County Board of Education Gwinnett County Board of Education Gwinnett County

Purchase equipment for technology programs for Coosa High

School Technology Education Center in Floyd County

$

Gum Log Fire Department in Franklin County

$

Complete interior and furnish new Agriculture Center at the

Franklin County High School Ag Department

$

Contract for services with Holistic Stress Control, Inc. in Fulton

County

$

Implement/improve Senior Citizens Services of Metropolitan

Atlanta Adult Day Care Center in Fulton County

$

Implement/improve programs and services at the Dogwood Senior

Center in Fulton County

$

Inter-generational Resources Center in Fulton County

$

Improvements to a multipurpose facility for Harriett G. Darnell,

Senior Center in Fulton County

$

Fulton County Sheriff's Department for a jobs programs

$

Contract for services with the Concerned Citizens of Atlanta, Inc.

in Fulton County

$

Purchase equipment for the Georgia Association of Homes and

Services for Children for Information Management Systems in

Fulton County

$

Contract for services with the Old National Merchants Association/

WrapAround Collaborative for an after school program in Fulton

County

$

Contract for services with Straight Talk Counseling Services, Inc.

in Fulton County

$

Purchase technology and equipment for Spalding, Woodland,

Roberts Road, Heards Ferry, and High Point Elementary Schools

in Fulton County

$

Contract for services with the "Georgia Garden of Opportunity"

outdoor classroom at Webb Bridge Middle School in Fulton County $

Construction and purchase supplies for the "Science Fair Project"

classroom at Medlock Bridge Elementary School

$

Contract for services with the Elachee Nature Science Center for

the Georgia Mountains RDC

$

Renovate Civic Center/ambulance service quarters in Gilmer County $

Renovate courthouse annex and purchase fire equipment for

Glascock County

$

Construct a county owned basketball court in Glynn County

$

Purchase/install lights for the North Glynn Recreation Park Ballfield $

Purchase/install playground equipment at Massengale Park in Glynn

County

$

Purchase playground equipment and repairs at Salacoa Park in

Gordon County

$

Purchase/install computer systems for the Grady County "All"

Volunteer Fire Department in each fire station

$

Contract for services with the Greene County Child Development

Center

$

Renovate Historic Greene County Jail

$

Purchase equipment for Creative Enterprises, Inc. in Gwinnett

County

$

Restore the Lawrenceville-Gwinnett Historical Cemetery

$

Purchase educational material and gym enhancements for

Rockbridge Elementary School in Gwinnett County

$

Improvements for athletic facilities at Shiloh High School in

Gwinnett County

$

Improvements to the Duluth Youth Softball field at Duluth High

30,000 5,000
20,000 25,000 20,000 20,000 30,000 100,000 25,000 30,000
25,000
50,000 15,000
50,000 10,000 40,000 25,000 25,000 10,000 10,000 25,000 20,000 25,000 10,000 10,000 40,000 50,000 25,000 20,000 50,000

Monday, March 20, 2000

1983

Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Hancock County
Hancock County
Hancock County Board of Education Haralson County Haralson County Hart County Board of Education Heard County Development Authority Henry County
Henry County Board of Education Henry County Board of Education Houston County Board of Education Houston County Board of Education Houston County. Library Board Irwin County Irwin County
Jackson County
Jasper County Board of Education Jasper County
Jeff Davis County Board of Education Jeff Davis County
Jeff Davis County Development Authority Jeff Davis County Jefferson County
Jenkins County Johnson County Jones County Jones County Library Trustees Jones County Jones County

School in Gwinnett County

$

Renovate stadium at Central Gwinnett High School

$

Purchase communications and electronic equipment for Nesbit

Elementary School in Gwinnett County

$

Contract for services with Meadowcreek High School in Gwinnett

County

$

Purchase turn-out gear and equipment for Hancock County

Volunteer Fire Department

$

Purchase uniforms, tools, and equipment for the Hancock

Emergency Management Agency

$

Expand Summer Science Camp and Band Program in Hancock

County

$

Haralson recreation department

$

Renovate Haralson County Courthouse

$

Repair and replace stadium seating at Hart County High School

$

Develop master plan for the Heard County River Commission for a

passive recreational greenway system along the Chattahoochee River $

Provide maintenance for the Flint Circuit Council on Family

Violence in Henry County

$

Purchase equipment for Stockbridge Middle School Technology

Team in Henry County

$

Purchase/install lighting for the girl's softball field at Stockbridge

High School in Henry County

$

Establishment of "Seamless" Education program with Houston

County Board of Education and Macon State College

$

Lighting and improvements to Perry High School football field in

Houston County

$

Repair/replace roof at Perry Library and Centerville Library in

Houston County

$

Renovation and lighting for the Irwin County girl's softball field

$

Purchase equipment and start-up for the new Pleasure Lake Fire

Department in Irwin County

$

Standardize and replace 10 SCBA's for the North Jackson Fire

Department

$

Purchase band/music program uniforms at Jasper County schools

$

Improvements to athletic field/community amphitheater in Jasper

County

$

Improvements to the Jeff Davis High School Tennis Court

$

Provide for after school program specializing in the arts for Jeff

Davis Arts Council

$

Completion of structural study of historic residence for use as

tourism complex for the Jeff Davis County Development Authority $

Public Safety Park for the Jeff Davis County EMS

$

Remodel building for Chamber of Commerce and Economic

Development office in Jefferson County

$

Purchase equipment for the Jenkins County Hospital

$

Equip and renovate the Johnson County volunteer fire department $

Study and plan for sewerage system improvements in Jones County $

Purchase materials and labor for restoration and repair of the Jones

County Public Library

$

Purchase van for the 4-H Club Program in Jones County

$

Develop a feasibility study and comprehensive plan for sewer system

100,000
50,000
20,000 20,000
5,000
5,000 10,000 15,000 50,000
15,000 25,000
10,000
10,000 10,000
50,000
100,000 95,000 10,000
5,000
10,000
10,000 20,000
25,000
10,000 5,000 5,000
25,000 20,000 11,000 15,000
8,000 28,000

1984
Lamar County Board of Education Lamar County
Lanier County Board of Education Laurens County
Laurens County
Liberty County
Liberty County
Lincoln County Lincoln County Lincoln County Lincoln County
Long County Lowndes County
Lumpkin County
Marion County McDuffie County Board of Education Miller County Mitchell County
Monroe County Montgomery County
Murray County
Newton County Newton County Board of Education Newton County Oglethorpe County
Peach County Board of Education Pierce County
Pierce County Polk County Pulaski County Board of Education Quitman County Randolph County Board of Education Richmond County
Richmond County

JOURNAL OF THE SENATE

improvements in Gray and Jones County

$

Construct athletic field for Lamar County Middle School

$

Plan and construct an Agricultural Exposition Building in Lamar

County

$

Improvements to Lanier County computer lab

$

Contract for services with the Stepping Stone, Inc. Child Advocacy

Center in Laurens County

$

Improve and purchase property for the Dublin-Laurens County

Recreation Authority for Springdale Park

$

Construct an outdoor classroom and restroom at the LeConte -

Woodmanston Foundation, Inc. Plantation

$

Construct and equip swimming pool for the Liberty County

Recreation Department

$

Repairs to Lincolnton Clubhouse

$

Construct a group pavilion at Lincoln County Historical Park

$

Purchase cardiac monitors for EMS in Lincoln County

$

Contract for services with the Midway volunteer fire department

building in Lincoln County

$

Modify courthouse to increase records storage space in Long County $

Contract for services from Boy's and Girl's Club of Valdosta, Inc.

for an after school learning lab

$

Purchase computer equipment for Lumpkin County Emergency

Services

$

Recreation improvements and expansions in Marion County

$

Planning funds for McDuffie County Environmental Education

Center

$

Renovate Miller County Extension Building

$

Purchase equipment for seven Mitchell County volunteer fire

departments

$

Improvements to Monroe County courthouse electrical systems

$

Renovate a county-owned recreation department softball field in

Montgomery County

$

Purchase furniture, equipment, and transportation for Murray

County Senior Center

$

Develop a park located in Covington in Newton County

$

Outdoor centers, counseling project, and DARE program in Newton

County

$

Covington Senior Center in Newton County

$

Renovate the Crawford Clubhouse at the Oglethorpe County

Recreation Department

$

Replace current heating and air-conditioning system in the Spruce

Street School Complex in Peach County

$

Promote membership, economic development and tourism in Pierce

County

$

Completion of Lakeview Community Center in Pierce County

$

Purchase equipment and training for Polk County Fire Department $

Purchase uniforms and equipment for Hawkinsville High School

Band in Pulaski County

$

Prepare site for Welcome Center in Quitman County

$

Carpet and floor replacement in flooded areas at Randolph County

Elementary

$

Food for the poor by Harrisburg West End Neighborhood

Association, Inc. in Richmond County

$

Restoration of the Boyhood home of President Woodrow Wilson

25,000
15,000
50,000
15,000
20,000
25,000
25,000
20,000 5,000 5,000
10,000
10,000 20,000
15,000
25,000 15,000
10,000 25,000
14,000 15,000
10,000
40,000 10,000
25,000 25,000
20,000
35,000
2,000 15,000 30,000
40,000 25,000
35,000
25,000

Monday, March 20, 2000

1985

Richmond County
Richmond County
Rockdale County Screven County
Seminole County Board of Education Stephens County Stephens County
Stewart County Board of Education Stewart County Sumter County
Talbot County Library Trustees Taliaferro County Board of Education Tattnall County
Tattnall County Board of Education Taylor County Telfair County Board of Education Telfair County Thomas County
Thomas County
Tift County Tift County Toccoa/Stephens County Airport Authority Town of Mitchell Towns County Towns County Troup County
Twiggs County Union County Upson County Walker County Board of Education Walker County Walton County Board of Education Ware County Ware County Ware County

and the Boyhood home of U.S. Supreme Court Justice Joseph Rucker $

Lamar by Historic Augusta, Inc.

Continue hazardous materials investigation of illegal dumping with

the Marshal's Department in Richmond County

$

Promote collection and management efforts of the Augusta/

Richmond County Museum

$

Renovate and repair the Olde Town Conyers Arts Center

$

Furnish additional jail beds for the Screven County Sheriff's

Department

$

Construct and furnish weight room and field house for Seminole

County High School and Middle School

$

Contract for services with the Civil Defense ATV in Stephens County $

Contract for services with Stephens County Volunteer Fire

Departments

$

Purchase uniforms, instruments, and equipment for the Stewart

County School for the Arts

$

Purchase a rescue truck and equipment for the Stewart County EMS $

Purchase firefighting and related equipment for the Lake

Blackshear Volunteer Fire Department

$

Train school-age to college youths in basic computer skills in Talbot

County

$

Funds for land clearing/facilities for new Taliaferro County school $

Contract for services with the East Collins Community Center for

an after school program in Tattnall County

$

Expand/improve the canning plant at Tattnall County High School $

Purchase and install tornado warning sirens in Taylor County

$

Telfair County athletic program

$

Contract for services with the Telfair County Development Authority $

Renovation and repairs to the Thomas County courthouse clock

and tower

$

Purchase/install an acoustical ceiling and purchase furniture and

equipment at the Marguerite Neel Williams Boys and Girls Club of $

Thomas County

Development of teen court program at the Tift County YMCA

$

Contract for services with the Red Cross in Tift County

$

Planning of an airport terminal in Toccoa/Stephens County

$

Renovate and upgrade downtown sidewalk in the Town of Mitchell $

Construction and purchase equipment for the new Towns County Jail $

Purchase fire vehicle for Towns County

$

Purchase fixtures, furniture and equipment for the W. J. Griggs

recreation center in Troup County

$

Renovate courthouse in Twiggs County

$

Purchase a Fire and Rescue A.T.V. vehicle in Union County

$

Improvements to the recreation facility in Upson County

$

Purchase equipment for LaFayette High School in Walker County $

Preservation projects for Walker County Historic

$

Purchase uniforms and equipment for the Monroe Area

Comprehensive High School Band in Walton County

$

Improvements at the Ware County Recreation Department

$

Joint Tourism Program for Ware and Pierce Counties

$

Drain tile installation at Pierce County Industrial Park and site

25,000
30,000
25,000 15,000
25,000
25,000 7,000
25,000
15,000 20,000
50,000
15,000
10,000
10,000
25,000 25,000
20,000 25,000
10,000
30,000
5,000 10,000
25,000 10,000 50,000 15,000
20,000 19,000 10,000 25,000
5,000 7,500
13,000 25,000 10,000

1986
Ware County Board of Education Warren County Wayne County Wheeler County
White County White County Wilcox County
City of Abbeville City of Acworth
City of Acworth
City of Adairsville City of Adel City of Ailey City of Albany
City of Albany
City of Albany
City of Allentown City of Alma City of Ambrose
City of Aragon City of Ashburn
City of Atlanta
City of Atlanta City of Atlanta City of Atlanta
City of Atlanta
City of Atlanta
City of Atlanta
City of Atlanta Board of Education City of Atlanta
City of Baldwin
City of Baldwin City of Barnesville City of Baxley
City of Baxley

JOURNAL OF THE SENATE

preparation for Ware County Industrial Park

$

Mobile classroom unit for Ware County Magnet School and

acoustical improvements at Ware County High Gym

$

Purchase furniture/fixtures for new Warren County Courthouse

$

Renovate Wayne County recreation and voting precinct building

$

Upgrade equipment for the Recreation Department of Wheeler

$

County

Purchase equipment for Evening Star Music Series in White County $

Purchase equipment for Station 5 Shoal Creek in White County

$

Construction of volunteer fire department for the Cedar Creek Fire

Department in Wilcox County

$

Completion of construction of Abbeville Fire Department Building $

Purchase playground equipment for Cauble Park in the City of

Acworth

$

Improvements/repairs to the Mustang Baseball Field in the City of

Acworth

$

Renovate the fire hall in the City of Adairsville

$

Construction of Union Rd Veterans Park in the City of Adel

$

Renovate the historic Ailey Rosenwald School

$

Provide transportation for the Slater King Adult Rehab Day Center

in the City of Albany

$

Contract for services with the Lamb Shelter Day Care Center, Inc.

in Albany

$

Provide after school hour studies for the East Albany area through

the Greater Mt. Olive Outreach Center, Inc.

$

Purchase a hitch tractor for the City of Allentown

$

Purchase/install lighting for Linear Park in the City of Alma

$

Purchase of lighting, playground equipment and softball field/tennis

court improvements

$

Recreational and parks improvements for the City of Aragon

$

Renovation and improvements to Old City recreation department

park area in Ashburn

$

Contract for services with for Paradise After School Program in the

City of Atlanta

$

Support a Southwest YMCA program in the City of Atlanta

$

Washington Park Ballfield Improvements in Atlanta

$

Enhance public safety for Martin Luther King, Jr. Community

Development in the City of Atlanta

$

Provide housing residential improvement and economic

development for Pittsburgh Community Improvement Association

in the City of Atlanta

$

Contract for services with the Sickle Cell Foundation of Georgia in

Atlanta

$

Contract for services with the Simpson Road House of Hope in the

City of Atlanta

$

Kennedy Middle School After School Tutorial Program in Atlanta $

Pilot program for the Awareness of Prevention of Substance Abuse

for the Fulton Atlanta Community Action Authority, Inc. in Atlanta $

Purchase turn-out gear and fire fighting equipment in the City of

Baldwin

$

Purchase duty weapons and gear for the Baldwin Police Department $

Repairs and improvements to City of Barnesville Fire Department $

Rebuild and upgrade the picnic pavilion at Ernest J. Parker park in

Baxley

$

Purchase breathing equipment for each fire department in the City

25,000
50,000 15,000 25,000 10,000
5,000 5,000
5,000 5,000
10,000
10,000 40,000
5,000 15,000
30,000
20,000
20,000 20,000 10,000
5,000 20,000
15,000
15,000 25,000 10,000
50,000
50,000
100,000
40,000
60,000
10,000
10,000 7,000
10,000
5,000

Monday, March 20, 2000

1987

City of Blackshear
City of Bloomingdale
City of Bowdon
City of Bremen Board of Education City of Buchanan City of Byron City of Camilla
City of Canon City of Carrollton Board of Education City of Cartersville
City of Cave Springs
City of Cedartown
City of Chickamauga
City of Claxton City of Cleveland
City of Cochran City of Cochran City of Coleman City of Colquitt City of Commerce Board of Education City of Concord City of Conyers
City of Culloden City of Dalton
City of Darien City of Dawson Library Trustees City of Decatur
City of Denton
City of Dillard City of Doerun
City of Douglas
Dublin City Schools City of Dudley City of East Ellijay City of East Point City of East Dublin

of Baxley

$

Purchase/install lighting and other improvements in Blackshear

City Park

$

Purchase emergency equipment and a used fire pumper truck for

the City of Bloomingdale

$

Construct/improvements to a multi-purpose recreation facility,

auditorium and gymnasium in City of Bowdon

$

Purchase band equipment for the Sewell Middle School in the City

of Bremen

$

Buchanan recreation department

$

Renovate Gymnasium and Auditorium at Old Byron High School $

Restoration of CSX train depot in Camilla for use as Welcome/

Tourist Center

$

Improvements to the City of Canon public works water system

$

Upgrading athletic facilities for boys and girls in the City of

Carrollton

$

Improvements to the firing range at the Cartersville Police

Department

$

Repair/replace roof for the city building and purchase fire

equipment for the City of Cave Springs

$

Recreational improvements for the City of Cedartown at Northwest

Field and Little League

$

Purchase filtration equipment for City of Chickamauga water

treatment plant

$

Purchase equipment for Claxton Police Department

$

Extend the County Sewer Line to a new school in the City of

Cleveland

$

Recreation facility planning and renovation in the City of Cochran $

Develop a master plan for the Cochran Airport

$

Replace/repair termite infestation damage at Coleman City Hall

$

Construct a new baseball/softball facility on Milford Road in Colquitt $

Replace cabinets and purchase lab equipment for Commerce High

School

$

Upgrade the City of Concord municipal water system

$

Construct a Field of Dreams for the Miracle League Located in the

City of Conyers

$

Purchase fire truck and equipment for the City of Culloden

$

Establishment of official visitors center through the Dalton

Convention and Visitors Bureau

$

Purchase sewer vacuum truck for the City of Darien

$

Restore Carnegie Library in the City of Dawson

$

Contract for services with Young Life South DeKalb mentoring

program

$

Purchase/install lights for the recreational center in the City of

Denton

$

Renovate and repair Dillard Farmer's Market

$

Renovate building for use as a community center in the City of

Doerun

$

Construction of Historic Bell Tower, Eastside Park and Roundtree

Park in the City of Douglas

$

Purchase computers and equipment for Dublin City Schools

$

Purchase equipment for Dudley Volunteer Fire Department

$

Renovation and repairs to City Hall in East Ellijay

$

Start Up and Operations of Atlanta Fulton Council on Youth

$

Improvements to the Water & Sewer, Right-of-Way and Road

10,000
10,000
50,000
60,000
32,000 15,000 25,000
25,000 25,000
15,000
5,000
45,000
30,000
25,000 40,000
10,000 15,000 10,000
5,000 5,000
15,000 25,000
75,000 15,000
2,500 25,000
40,000
15,000
10,000 25,000
20,000
15,000 5,000
25,000 15,000 50,000

1988

JOURNAL OF THE SENATE

City of Eatonton
City of Euharlee City of Fargo City of Fayetteville City of Folkston City of Folkston
City of Folkston
City of Fort Valley
City of Franklin Springs
City of Ft. Oglethorpe
City of Gainesville
City of Gillsville City of Guyton
City of Hahira City of Harrison
City of Hazelhurst City of Helen City of Hinesville City of Hoboken City of Homeland City of Jenkinsburg City of Jesup
City of Kingsland
City of Kingston City of Kite City of LaFayette
City of LaFayette
City of LaFayette
City of Ludowici City of Luthersville City of Lyons City of Macon
City of Macon
City of Madison
City of Manchester
City of Marietta Board of Education

Construction in East Dublin

$

Development and construction/improvement for the Historic

Madison Avenue School Project in the City of Eatonton

$

Recreation and parks improvements for the City of Euharlee

$

Purchase and install steam serving table in the City of Fargo

$

Restore the historic Hollingsworth House in the City of Fayetteville $

Purchase/install promotional signs for the City of Folkston

$

Improvements to the electrical system at the historic Mizell House

in Folkston

$

Planning and design of Okefenokee Research Center in City of

Folkston

$

Improvements to Boys and Girls Club of Peach County facility in

the City of Fort Valley

$

Purchase/install public works lift station for sewer system in the

City of Franklin Springs

$

Improve sidewalk and road improvements and Calvary museum in

City of Ft. Oglethorpe

$

Restore water/soil sedimentation in the city park area for Friends of

the Parks in Gainesville

$

Construct and rebuild sidewalks in the City of Gillsville

$

Purchase/install air conditioning and acoustics for City of Guyton

gym

$

Replace Hahira Main Street sidewalk

$

Renovate old building and construct new City Hall for the City of

Harrison

$

Purchase property for Hazelhurst Community Center

$

Contract for services with the River Walk in the City of Helen

$

Equip fire station in the City of Hinesville

$

Improvements to the walking track in the City of Hoboken

$

Improvements to the outdoor walking track in the City of Homeland $

Develop a city park in the City of Jenkinsburg

$

Improvements to a city recycling area fence and shelter in City of

Jesup

$

Purchase emergency equipment for the Kingsland Volunteer Fire

Department

$

Contract for services with the museum in the City of Kingston

$

Renovate and repair community center in the City of Kite

$

Purchase/install playground equipment for the LaFayette Housing

Authority

$

Purchase additional playground equipment at the Linwood Memorial

park in LaFayette

$

Improvements to the walking trail at the City of LaFayette

Recreation Center

$

Install water meter and repair station for the City of Ludowici

$

Repairs and renovations to the old Luthersville Elementary School $

Purchase and pave a lot at the Lyons Recreation Department

$

Replace/repair roof of the Booker T. Washington Community

Center facility in Macon

$

Contract for services with the Macon Police Athletic League youth

program

$

Construct wheelchair accessible paved area for the J.E. Owen

Memorial Arboretum, Inc. in the City of Madison

$

Renovate and expand the capacity of the public day care center for

day care slots in the City of Manchester

$

Purchase of elementary school music keyboarding labs in City of

Marietta schools

$

15,000
40,000 30,000 15,000 10,000
5,000
20,000
10,000
60,000
25,000
10,000
50,000 10,000
10,000 30,000
75,000 25,000 20,000 20,000
5,000 5,000 10,000
10,000
25,000 10,000
5,000
5,000
2,500
5,000 10,000 30,000
5,000
15,000
10,000
9,000
25,000
50,000

City of Marshallville
City of McDonough
City of Menlo City of Montrose City of Moultrie City of Mount Zion City of Nahunta City of Nashville
City of Newnan City of Odum City of Offerman City of Patterson City of Patterson
City of Pearson City of Pelham City of Pine Lake City of Pinehurst
City of Pineview
City of Pitts
City of Pitts City of Plains City of Quitman
City of Quitman City of Ray City City of Rayle
City of Rebecca
City of Riverdale
City of Rochelle City of Rockmart City of Rome
City of Rome
City of Rome City of Roswell
City of Savannah
City of Savannah
City of Savannah
City of Savannah

Monday, March 20, 2000

1989

Construct a sewer service for the proposed Post Office in

Marshallville

$

Purchase/install lighting for recreation ballfields at Alexander Park

in the City of McDonough

$

Construct a community center for the Menlo Housing Authority

$

Improvements to City of Montrose water system

$

Construction of community center to serve Northwest Moultrie

$

Renovate of City of Mt. Zion Activity Center

$

Complete the City Volunteer Fire Department Building in Nahunta $

Renovation project for multi- purpose building in the City of

Nashville

$

Remodel the Newnan Community Theater County, Inc. building

$

Repair and renovate Odum City Hall

$

Purchase equipment for City of Offerman

$

Patterson Recreation Department in Patterson

$

Renovate and purchase equipment for the Edward (Bud) Newton

Recreation Community Center in the City of Patterson

$

Recreation and utility needs for the City of Pearson

$

Purchase composting equipment in the City of Pelham

$

Safety and maintenance of public buildings in the City of Pine Lake $

Renovate the Old Depot in City of Pinehurst for Community

Gathering Center

$

Expansion of building occupied by the Clerk's office, Council,

Chamber, Municipal Courtroom and Police Headquarters in the City

of Pineview

$

Construction of a spec building for the Industrial Park in the City of

Pitts

$

Planning of Industrial Complex in Wilcox County

$

Purchase/install emergency water well for City of Plains

$

Repairing and upgrading of Humane Society Animal Shelter in

Quitman

$

Repair to the former City Hall of Quitman

$

Construct a multi-purpose recreation facility in Ray City

$

Repair water system and purchase equipment for fire department in

Rayle

$

Construction, equipment and supplies for the City of Rebecca

recreation area

$

Improvements for city park including repairs and purchasing

equipment in the City of Riverdale

$

Renovation and repair to City Hall in the City of Rochelle

$

Provide recreational funds for the City of Rockmart

$

Purchase automatic defibrillators and train personnel at the Rome

Floyd County Fire Department

$

Contract for services with the National Creative Society for

"Children Helping Children" in the City of Rome

$

Renovate Rome Area History Museum to meet ADA requirements $

Promote the Chattahoochee River Trail System for the Roswell

Convention and Visitors Center

$

Rebuild existing bathrooms in the W.W. Law Regional Center, a

multi-recreational center.

$

Improvements to the Cultural Affairs Commission building in

Savannah

$

Purchase equipment and medical supplies for Savannah Health

Mission clinic

$

Construct a multi-purpose facility at the Tom Austin House in the

City of Savannah

$

15,000
10,000 10,000 10,000 25,000 15,000 10,000
20,000 10,000
5,000 5,000 5,000
5,000 10,000 25,000 20,000
15,000
10,000
25,000 10,000 34,000
10,000 40,000 10,000
14,000
7,500
10,000 10,000 30,000
15,000
30,000 20,000
10,000
10,000
10,000
15,000
75,000

1990

JOURNAL OF THE SENATE

City of Savannah
City of Screven
City of Smyrna
City of Smyrna City of Social Circle City of Soperton City of Sparta
City of Sumner City of Sycamore
City of Sylvester Library Trustees City of Sylvester City of Talbotton City of Tallapoosa
City of Thomasville City of Thunderbolt
City of Tiger City of Toccoa
City of Toccoa City of Tybee Island
City of Tybee Island City of TyTy
City of Valdosta City of Valdosta City of Valdosta City of Vidalia
City of Villa Rica City of Walthourville City of Warner Robins
City of Warner Robins
City of Watkinsville
City of Whigham City of Woodland City of Wrightsville Appling County Athens-Clarke County Athens-Clarke County Baker County Board of Education Baldwin County Board of Education Barrow County

Purchase green space/park for Liberty City Community in the City

of Savannah

$

Construct tennis court and purchase defibrillators for the City of

Screven

$

Construct an arboretum walking trail for the Keep Smyrna Beautiful,

Inc.

$

Promote the Smyrna Revitalization Authority Project

$

Repair of sewer line in the City of Social Circle

$

Renovation/repair City of Soperton fire department

$

Revitalization of downtown business district and sidewalks in the

City of Sparta

$

Renovate the sprinkler system in the Old Sumner School auditorium $

Improvements to City Park and purchase recreation equipment in

the City of Sycamore

$

Improvements and purchases for the Margaret Jones Public Library $

Renovation and improvements to historic Jeffords park in Sylvester $

Improvements to the Kiddie Park in the City of Talbotton

$

Contract for services with the City of Tallapoosa recreation

department

$

Contract for the services for the Genesis Food Park

$

Operating expenses for the Thunderbolt Council for assistance for

two major drinking water projects

$

Purchase fire and rescue equipment for the City of Tiger

$

Initiate purchase of a 92 acre tract of land along the Tugalo River

and reconstruct a heritage village

$

Repair Toccoa Little League fields

$

Funds for educational beach walks and ecosystem tours for school

children for the City of Tybee Island

$

Purchase/install snow fencing for Tybee Island beach work

$

Improvements to the Central park walking area and recreation

equipment purchase for the City of TyTy

$

Contract for services with the Valdosta Food Bank

$

Repair Lowndes County Historical Society and Museum building $

Maintenance and repairs for Valdosta/Lowndes Arts Commission $

Construct a walking trail and resurface tennis courts at the Vidalia

Recreation Department

$

Develop ballfields and soccer fields for the City of Villa Rica

$

Purchase equipment for the City of Walthourville

$

Operating expenses for Warner Robins Convention and Visitors

Bureau

$

Acquisition and development of greenway corridor in the City of

Warner Robins

$

Renovate the old school building into arts facility for the Oconee

County Arts Foundation, Inc. in the City of Watkinsville

$

Renovate Voting Precinct / Court Room in the City of Whigham

$

Purchase/install lighting for Woodland Community Park

$

Repair and renovate the City of Wrightsville Fire Department

$

Construct two buildings for the Appling County Fire Department

$

Improvements to the Clarke County recreational facilities

$

Pave parking lot for the Athens Boys and Girls Club

$

Pave lot and construct playground for Baker County Schools

$

Purchase/install lighting for Baldwin High School ball field

$

Improvements to the Barrow County recreational facilities

$

50,000
10,000
5,000 10,000 30,000 17,000
10,000 10,000
10,000
10,000 20,000 35,000
15,000 50,000
45,000 10,000
15,000 29,000
25,000 50,000
7,500 35,000
5,000 5,000
20,000 15,000 10,000
25,000
25,000
15,000 10,000 10,000 28,000 16,000
8,000 21,000
20,000
20,000 8,000

Monday, March 20, 2000

1991

Bartow County

Develop feasibility study and plan for the Kingston City Road Project

in Bartow County

$

Bartow County

Improvements to baseball field for Bartow County Recreation

Department

$

Bartow County

Upgrade Pine Log Fire Department in Bartow County

$

Bartow County

Purchase equipment for Folsom Fire Department in Bartow County $

Bartow County

Renovate/construct Kingston Elementary School Outdoor Campus

in Bartow County

$

Bartow County

Purchase equipment for Bartow County Fire Department

$

Berrien County

Maintain Connell Confederate Cemetery in Berrien County

$

Bryan County

Purchase equipment and trucks for the Baconton Fire Station in

Bryan County

$

Bryan County

Purchase equipment and trucks for the Mill Creek Fire Station in

Bryan County

$

Camden County

Upgrade the Fire Safety House in Camden County

$

Chatham County

Purchase outdoor equipment for Chatham County Recreation

Department for Lake Mayer, Scott Stell, and Tom Tripplett Parks

$

Chatham County

Library Trustees

Purchase books and materials for Chatham County main library

$

Chattahoochee County Drill groundwater well and replace pump in Chattahoochee County $

Chattahoochee County

Board of Education

Renovate classrooms for in Chattahoochee County schools

$

Chickamauga City

Board of Education

Resurface Gordon Lee High School track in Chickamauga

$

Clarke County

Contract for services with the Food Bank of Northeast Georgia in

Clarke County

$

Clay County Development Develop feasibility study and plan for proposed Clay County

Authority

retirement facility

$

Clayton County

Purchase playground equipment for International Park in Clayton

County

$

Clayton County

Construct/repair sidewalks and drainage system for the City of

Forest Park

$

Clayton County

Purchase equipment for the Forest Park Athletic Association in the

City of Forest Park

$

Clayton County

Contract for services with the Economic Development and Training

Program, Inc. in Clayton County

$

Clayton County Board of Purchase/install lighting for Lovejoy High School softball field in

Education

Clayton County

$

Cobb County

Contract for services for Sweetwater Valley Camp in Cobb County $

Cobb County

Improvements to Fuller Park Recreational Facility in Cobb County $

Coffee County

Construct activity room for Concerted Services, Inc. in Coffee

$

County

Columbia County

Replace radio communications for Columbia County Sheriff's Office $

Cook County

Library Trustees

Replace roof of Cook County Library

$

Crisp County Board of Purchase equipment for the Crisp County High School JROTC

Education

$

Dade County

Improvements to recreational facilities in Dade County

$

Dawson County

Construct the Dawson County High School stadium facility

$

Decatur County

Contract for services with Albany ARC in Decatur County

$

DeKalb County

Contract for services with The Legacy Program in DeKalb County $

DeKalb County

Furnish rooms at the Women's Resource Center in DeKalb County $

DeKalb County

Expand services provided by Mary Lin Mentoring Program in

DeKalb County

$

DeKalb County

Contract for services with Project Impact Atlanta/DeKalb, Inc.

$

DeKalb County

Purchase an emergency lift for the City of Chamblee Public Works

28,000
35,000 8,000 8,000
9,000 7,000 15,000
12,000
12,000 32,000
24,000
40,000 60,000
60,000
24,000
20,000
90,000
30,000
100,000
25,000
8,000
33,000 100,000
20,000 40,000
15,000
65,000
4,000 48,000 40,000 34,000 40,000
8,000
4,000 40,000

1992

JOURNAL OF THE SENATE

Department

$

DeKalb County

Contract for services with Operation Peace in DeKalb County

$

DeKalb County

Contract for services with the DeKalb Teen Pregnancy Program

$

DeKalb County

Expand/renovate Leigh Cottage of the Children's Home in DeKalb

County

$

DeKalb County

Purchase a van in DeKalb County

$

DeKalb County

Purchase/install computers and software for the Neighborhood

Playhouse in DeKalb County

$

DeKalb County

Expand public awareness campaign for the Georgia Association for

Prader-Willi Syndrome, Inc. in DeKalb County

$

DeKalb County

Contract for services with the Building Young Families in DeKalb

County

$

DeKalb County

Construct a senior service facility for Senior Connections, Inc. in

DeKalb County

$

DeKalb County

Contract for services with Georgia Gives Back, Inc. in DeKalb

County

$

DeKalb County

Contract for services with the AIDS Epidemic program in DeKalb

County

$

DeKalb County

Purchase and renovate Transitional Home for Women and Girls

facility in DeKalb County

$

DeKalb County

Purchase van and maintenance for Scottsdale Child Development

and Family Resource Center in DeKalb County

$

DeKalb County

Contract for services with the Positive Growth Youth Home for

Boys in DeKalb County

$

DeKalb County

Contract for services with the Scottdale Community Planning

Council for improved housing and programs

$

DeKalb County

Contract for services with the "Shop With A Cop" program in

DeKalb County

$

DeKalb County

Purchase/install computers and software for the DeKalb Board of

Board of Education

Education

$

Dodge County

Upgrade Dodge County fire stations

$

Albany/Dougherty County E-commerce study for Albany/Dougherty County Payroll

Payroll Development

Development Authority

$

Authority

Dougherty County

Contract for services for early intervention programs for preschool

at Albany ARC in Dougherty County

$

Douglas County

Purchase playground equipment for park in City of Palmetto in

Douglas County

$

Douglas County

Purchase equipment for Lithia Springs High School College and

Board of Education

Career Center in Douglas County

$

Douglas County

Purchase/install computers and software for the Douglas County

Board of Education

schools

$

Effingham County

Construct shelter in community park in Effingham County

$

Effingham County

Purchase/install communications system for Effingham County

Fire Department

$

Elbert County

Construct a softball field at Elbert County High School

$

Elbert County

Renovate the Elbert Theater in the City of Elberton

$

Evans County

Purchase equipment for Evans County Fire Department

$

Evans County

Repair/replace roof for Clayton Head Start for Evans County Board

Board of Education

of Education

$

Fayette County

Board of Education

Joseph Sams School in Fayette County

$

Floyd County

Construct ballfield for Horace Anthony Recreation Center in Floyd

County

$

Floyd County

Restoration of Chieftain's Museum in Rome

$

Floyd County

Contract for services with the 100 Black Men mentoring program in

13,000 40,000 120,000
72,000 20,000
8,000 20,000
32,000
48,000 75,000
64,000
80,000 20,000
20,000
40,000 8,000
4,000 8,000
50,000
33,000
20,000 16,000
38,000 12,000
24,000 8,000
40,000 12,000
8,000 80,000
50,000 20,000

Floyd County
Franklin County Fulton County
Fulton County Fulton County Fulton County
Fulton County Fulton County
Fulton County
Fulton County
Fulton County Fulton County
Fulton County
Fulton County Board of Education Gilmer County Glascock County
Glynn County
Glynn County
Glynn County Grady County Gwinnett County Board of Education Gwinnett County Board of Education Gwinnett County Board of Education Habersham County
Habersham County Habersham County
Hall County Board of Education Hall County Board of Education Hancock County Board of Education Heard County
Jackson County Board of Education Jefferson County

Monday, March 20, 2000

1993

Floyd County

$

Contract for services with the Rome Area History Museum in Floyd

County

$

Construct a little League Ballpark in Lavonia in Franklin County

$

Purchase equipment and furniture for Tuskegee Airmen, Inc. in

Fulton County

$

Revitalize the Martin Luther King, Jr. Corridor in Fulton County

$

Contract for services with South Fulton Clean and Beautiful

$

Repair/replace plumbing in Foundation Facility and Program

Operations in Fulton County

$

Contract for services with AUDIENCE, Inc. in Fulton County

$

Contract for services with the Old National Wrap-Around

Collaborative in Fulton County

$

Contract for services with Nonprofits for Nonprofits, Inc. in Fulton

County

$

Contract for services with The Metro Life Center, Inc. in Fulton

County

$

Contract for services with KidsGym USA in Fulton County

$

Improve structure and purchase equipment for The Connector, Inc.

in Fulton County

$

Contract for services with Alternative Choices Corporation in

Fulton County

$

Purchase/install lighting for Tri-Cities High School ball field in

Fulton County

$

Restore/repair court and real estate records of Gilmer County

$

Renovate the People's House and purchase equipment for Glascock

County Fire Department

$

Construct/renovate entrance and parking lot of Glynn County

Animal Control Building

$

Implement plan for development of Altamaha Regional Park in

Glynn County

$

Purchase/install lighting for North Glynn Recreation Park

$

Purchase fire house for Grady County

$

Improvements to the Brookwood High School Athletic Complex

including refinishing the gym floor

$

Improvements to the Shiloh High School Athletic Complex in

Gwinnett County

$

Renovate the Physical Education and Athletic facilities in Gwinnett

County

$

Purchase equipment for Habersham County Volunteer Fire

Department

$

Purchase building for the Habersham Soup Kitchen

$

Develop feasibility study and plan to preserve and protect the land

and water known as Habersham Mills in Habersham County

$

Improvements to Johnson High School in Hall County

$

Restoration of North Hall High School athletic field in Hall County $

Expand Summer Science and Summer Band programs in Hancock

County schools

$

Construct and pave the parking lot for the Heard County Mental

Health Center

$

Construct an Agricultural Building at Jackson County High School $

Contract for services with Jefferson County Economical

Development to attract, retain and expand businesses within the

$

20,000
20,000 20,000
10,000 60,000 24,000 100,000 40,000 40,000
20,000
24,000 40,000
36,000 36,000
53,000 12,000
26,000
24,000 8,000
20,000 16,000
40,000 40,000
80,000
12,000 20,000
40,000 25,000
60,000
8,000 32,000
40,000
40,000

1994
Jenkins County Jenkins County Jenkins County Hospital Authority Jones County Liberty County Liberty County Liberty County Lincoln County
Lincoln County
Lowndes County
Lowndes County Board of Education Lowndes County Board of Education Lumpkin County Lumpkin County Lumpkin County
Meriwether County Meriwether County Board of Education Miller County Montgomery County Board of Education Morgan County
Oconee County Oconee County Paulding County Board of Education Polk County Quitman County Rabun County Rabun County Hospital Authority Richmond County
Richmond County
Richmond County
Richmond County Richmond County
Richmond County
Richmond County
Richmond County
Richmond County

JOURNAL OF THE SENATE

community

Install ADF network for the Jenkins County Airport

$

Expand Extension Education Center in Jenkins County

$

Purchase equipment for Jenkins County Hospital Authority

$

Develop feasibility study and plan for Jones County water system $

Construct a multi-purpose education facility in Liberty County

$

Improvements to recreational facilities in Liberty County

$

Contract for services with the Eleven Black Men of Liberty County $

Resurface parking lot of the Lincolnton Clubhouse in Lincoln

County

$

Purchase/install lighting and fencing for Lincoln County Recreation

Department

$

Construct a Youth and Teen Center for the YMCA in Lowndes

County

$

Repair/restore Lake Park Elementary School gym in Lowndes

County

$

Resurface the track at Lowndes County High School

$

Purchase/install lighting for youth softball field in Lumpkin County $

Purchase equipment for Lumpkin County Volunteer Fire Department $

Contract for services for Community Care Shelter in Lumpkin

County

$

Renovate the WPA Building in Meriwether County

$

Construct and purchase equipment for two elementary schools in

Meriwether County

$

Restore/refurbish agricultural "show barn" located in Miller County $

Improvements to the Montgomery County Middle/High School

sports facilities

$

Contract for services for the Morgan County African American

Cultural Center

$

Improvements to the Oconee County recreational facilities

$

Renovate/restore the William Daniel House in Oconee County

$

Purchase band uniforms and equipment for the Paulding County

Board of Education

$

Purchase equipment for the Polk County Fire Department

$

Develop feasibility study and plan for marina in Quitman County

$

Purchase equipment for Rabun County Volunteer Fire Department $

Develop feasibility study and plan for a rural hospital in Rabun

County

$

Construct ball field for Master City Little League in Richmond

County

$

Contract for services with the Delta House, Lucy Craft Laney

Museum in Richmond County

$

Contract for services with Southeastern Firefighters' Burn

Foundation in Richmond County

$

Purchase equipment for Boxing Club in Richmond County

$

Contract for services with the CSRA Economic Opportunity

Authority in Richmond County

$

Improvements/construction for the Eastview Recreation Center in

Richmond County

$

Contract for services with the Safe Communities Coalition of

Augusta in Richmond County

$

Contract for services with the Southside Tutorial Program in

Richmond County

$

Contract for services with the Delta Leadership Training Program

16,000 4,000
16,000 20,000 20,000 40,000 16,000
6,500
8,000
60,000
22,000
24,000 8,000 4,000
8,000 40,000
51,000 52,000
8,000
8,000 8,000 16,000
57,000 25,000 40,000 12,000
32,000
24,000
20,000
44,000 24,000
40,000
75,000
20,000
32,000

Monday, March 20, 2000

1995

in Richmond County

$

Richmond County

Purchase equipment for Lucy Laney High School in Richmond

Board of Education

County

$

Richmond County

Purchase equipment for Davidson School of Fine Arts in Richmond

Board of Education

County

$

Richmond County

Contract for services with the Augusta Ballet in Richmond County $

Schley County

Board of Education

Construct Schley County High School

$

Screven County

Purchase/install equipment and fixtures for Screven County

Technical and Adult Education Center

$

Screven County Library Repair/replace roof and building at Screven-Jenkins Regional

Trustees

Library

$

Seminole County

Board of Education

Construct weight facility for Seminole County Board of Education $

Spalding County

Expand Griffin Tech Literacy Program in Spalding County

$

Stephens County

Purchase monitoring and security equipment for new courthouse in

Stephens county

$

Stewart County

Construct relay tower to provide internet access to Stewart County

Board of Education

Schools

$

Taliaferro County

Board of Education

Purchase land for Taliaferro schools

$

Tattnall County

Expand meeting room for Tattnall County

$

Tattnall County

Contract for services with the Tattnall County Hospital Authority

$

Tattnall County

Board of Education

Construct teaching and canning facility for Tattnall County Schools $

Terrell County

Repair/replace roof at Historic Hill & Hill Preservation Society in

Dawson in Terrell County

$

Terrell County

Construct/paint building at the Dawson-Terrell County Airport

$

Thomas County

Restore clock and clock tower for Thomas County Courthouse

$

Thomas County

Board of Education

Asphalt area at Thomas County High School

$

Tift County

Board of Commissioners Purchase rail car for the Tifton Terminal Railway Museum

$

Town of Mitchell

Renovate/upgrade downtown sidewalks in Town of Mitchell

$

Town of Tyrone

Construct ball field for Town of Tyrone

$

Towns County

Purchase equipment for Towns County Volunteer Fire Department $

Treutlen County

Easter Seals in Treutlen County

$

Treutlen County

Repair Treutlen County DFCS offices

$

Twiggs County

Purchase furnishings for the Twiggs County Courthouse

$

Union County

Purchase equipment for Union County Volunteer Fire Department $

Union County

Develop feasibility study and plan for Farmer's Market in Union

County

$

Walker County

Renovate Walker County courthouse

$

Ware County

Purchase Fire Safety House and towing vehicle for Ware County/

City of Waycross Fire Department

$

Warm Springs Downtown

Development Authority Construct the Warm Springs Welcome Center

$

Warren County

Purchase equipment and furnishings for Warren County Courthouse $

Wayne County

Purchase materials and construct fire station for Madray Springs

Volunteer Fire Department in Wayne County

$

Wheeler County

Purchase equipment and maintenance for Wheeler County

recreation facilities

$

White County

Contract for services with White County Homework Centers

$

White County

Repair drainage problems and apply sod to White County High

School baseball field

$

White County

Develop feasibility study and plan for economic development in

16,000
8,000
50,000 20,000
80,000
20,000
16,000
20,000 40,000
20,000
10,000
8,000 16,000 40,000
20,000
20,000 64,000 28,000
12,000
64,000 8,000
20,000 4,000
15,000 12,000 80,000
4,000
12,000 60,000
32,000
35,000 80,000
16,000
8,000 8,000
12,000

1996
White County White County
Whitfield County Whitfield County
Whitfield County Board of Education Wilkinson County
City of Acworth
City of Acworth
City of Acworth
City of Alamo City of Alma City of Aragon City of Atlanta City of Atlanta
City of Atlanta City of Atlanta
City of Atlanta
City of Atlanta
City of Atlanta
City of Atlanta
City of Bartow City of Blakely City of Broxton City of Buena Vista
City of Cartersville City of Cedartown City of Chester City of Clarkston City of Cleveland City of Cleveland City of Climax City of Colquitt
City of Columbus
City of Columbus City of Columbus City of Columbus City of Columbus
City of Columbus

JOURNAL OF THE SENATE

White County

$

Renovate White County Courthouse

$

Purchase equipment, computers, books and supplies to establish a

Boys and Girls Club in White County

$

Construct parks and recreation area on Cleveland Highway

$

Purchase the Hamilton House for Whitfield/Murray Historical

Society

$

Purchase of band uniforms for Whitfield High School Band

$

Develop feasibility study and plan for Balls Ferry Park on the

Oconee River in Wilkinson County

$

Pave parking lot for City of Acworth Parks and Recreation

Department

$

Construct multi-purpose court for the City of Acworth Parks and

Recreation

$

Purchase police vehicle for the City of Acworth Police Department

$

Purchase/install HVAC system at the Alamo Civic Center

$

Improvements to two inner city parks in the City of Alma

$

Develop/construct city park in Aragon

$

Contract for services with Apex Museum in the City of Atlanta

$

Contract for services with the United Community Association, Inc.

in Atlanta

$

Improvements to Adams and John H. White Park ballfields in Atlanta $

Repair homes of Senior Citizens in Washington Park and

Washington High Neighborhoods in Atlanta

$

Develop feasibility study and plan for Morningside neighborhood

in Atlanta

$

Develop feasibility study and plan for Ansley Park Neighborhood in

Atlanta

$

Contract for services with the Albert J. Edmonds Leadership

Development Program in the City of Atlanta

$

Contract for services with Atlanta Public Schools for a parent task

force

$

Purchase equipment and improve City of Bartow park

$

Extend the water lines in the City of Blakely

$

Construct memorial for the Broxton Police Department

$

Purchase breathing apparatus for the City of Buena Vista Fire

Department

$

Renovate/upgrade recreational facilities in Cartersville

$

Construct multi-purpose facility for the City of Cedartown

$

Replace windows at Chester City Hall

$

Purchase sanitation truck and A-300 E-Z Pack for City of Clarkston $

Purchase/install water line for new school in City of Cleveland

$

Purchase equipment for Cleveland Volunteer Fire Department

$

Construct a new gym for the City of Climax

$

Establish the Community Development Corporation of Southwest

Georgia in the City of Colquitt

$

Contract for services with the Veterans' Life Action Center, Inc. in

the City of Columbus

$

Contract for services with the Drug Fighters of Columbus

$

Contract for services with Southwest Against Drugs in Columbus

$

Contract for services with Rediscovery for retraining in Columbus $

Contract for services with the Columbus Literate Community

Program, Inc.

$

Contract for services with Peabody in Columbus

$

20,000 40,000
20,000 40,000
104,000
16,000
27,000
12,000
8,000
16,000 8,000 8,000
16,000 100,000
40,000 38,000
40,000
32,000
32,000
96,000
20,000 2,500
12,000 4,000
12,000 32,000 56,000
4,000 61,000
4,000 4,000 12,000
8,000
8,000 15,000 12,000 12,000
16,000 12,000

Monday, March 20, 2000

1997

City of Columbus City of Columbus
City of Columbus City of Columbus
City of Commerce City of Cordele City of Cusseta
City of Cuthbert
City of Cuthbert City of Dallas City of Dalton
City of Darien City of Donalsonville
City of Dublin City of Eatonton City of Eatonton
City of Euharlee City of Fargo City of Fayetteville City of Flowery Branch City of Fort Valley City of Gainesville
City of Glennville City of Glennville City of Hephzibah City of Helena City of Hiram City of Hoboken
City of Hogansville City of Ideal City of Jacksonville City of Jesup
City of Jonesboro City of Lake City City of Lafayette
City of Leary City of Ludowici City of Ludowici City of Macon City of Macon City of Macon City of Metter City of Milan City of Milledgeville

Contract for services with the Columbus Teen Parenting Center

$

Contract for services with the Columbus Housing Authority for

Welfare to Work

$

Contract for services with the Columbus Youth Network

$

Contract for services with the Columbus Police Department for

training

$

Improvements to the Commerce Civic Center

$

Construct new Cordele animal shelter

$

Construct facility and purchase truck and generator for the Cusseta

City Pound

$

Design/construct community band shell in the Iris Garden in the

City of Cuthbert

$

Landscape the Music Mile Fletcher Henderson Jazz Festival

$

Remodel Dallas City Hall complex

$

Contract for services with the Northwest Georgia Girl's Home in

Dalton

$

Purchase sewer vacuum truck for the City of Darien

$

Beautify downtown Donalsonville including construction of a

pavilion and purchase of entrance signs

$

Construct domestic violence shelter for WINGS in Dublin

$

Purchase/install lighting on Highway 16 for the City of Eatonton

$

Develop feasibility study and plan for city of Eatonton/Putnam

County Project

$

Remodel Euharlee City Hall complex

$

Restore ballfields for the City of Fargo Recreation Departments

$

Restore Holliday-Dorsey-Fife House in City of Fayetteville

$

Improvements to the City of Flowery Branch

$

Renovate the Groutman House in City of Fort Valley

$

Develop and construct storm water retention projects for Gainesville

Parks and Recreation Agency

$

Purchase equipment for Glennville Fire Department

$

Purchase/install lighting for Glennville Recreation Department

$

Contract for services with Unlocking the Mind in Hephzibah

$

Upgrade the Helena Fire Department

$

Renovate/upgrade recreational facilities in City of Hiram

$

Purchase computer software for Brantley County police and

recreation departments

$

Repair/replace the electricity service lines in Hogansville

$

Renovate the City of Ideal police department

$

Upgrade the Jacksonville Police Department

$

Purchase vehicle and establish fire prevention program for City of

Jesup Fire Department

$

Develop family park in the City of Jonesboro

$

Purchase equipment for Lake City Police Department

$

Develop feasibility study and plan for water distribution evaluation

in Lafayette

$

Repair water system in the City of Leary

$

Repair the Old Depot in Ludowici

$

Purchase/install water meters for the City of Ludowici

$

Repair Booker T. Washington Center in Macon

$

Contract for services with the Adult Literacy Program in Macon

$

Promote movie making and recording industry in Macon

$

Purchase equipment for City of Metter Police Department

$

Purchase trash truck for City of Milan

$

Contract for services with the Oconee Family Crisis Center, Inc. in

Milledgeville

$

28,000
8,000 15,000
12,000 40,000 40,000
18,000
20,000 5,000
56,000
40,000 20,000
16,000 28,000
3,500
8,000 52,000 17,000 20,000 40,000 60,000
40,000 12,000 12,000 25,000
8,000 16,000
4,000 40,000 12,000
4,000
4,000 20,000 10,000
34,000 3,500
16,000 8,000
80,000 40,000 40,000
8,000 8,000
12,000

1998

JOURNAL OF THE SENATE

City of Millen City of Monticello
City of Monticello
City of Morrow City of Morven City of Ocilla City of Odum City of Oglethorpe City of Patterson
City of Pavo City of Pembroke
City of Pine Lake City of Pineview City of Pooler City of Powder Springs
City of Reidsville City of Reidsville City of Remerton City of Rhine City of Richland City of Rockmart City of Rossville
City of Sandersville City of Savannah
City of Screven City of Smyrna
City of Soperton City of Sparks City of Sparta City of Stapleton City of Stone Mountain City of Summerville
City of Swainsboro City of Thomasville
City of Thomasville Board of Education City of Thomson City of Thunderbolt
City of Thunderbolt
City of Thunderbolt City of Twin City City of Tybee Island
City of Vienna

Improvements to City of Millen Cemetery

$

Develop feasibility study and plan for Jasper County Farmer's

Market Park in Monticello

$

Construct multi-purpose playing field for Funderburg Park in

Monticello

$

Contract for services with Prevention Plus Teen Center in Morrow $

Renovate the former Morven High School building for office use

$

Upgrade City of Ocilla recreational facilities

$

Purchase land for parking lot for Odum Community Center

$

Restore Flint River Ferry in the City of Oglethorpe

$

Renovate and upgrade playground at Patterson Recreation

Department

$

Repair/replace lunchroom roof for the Pavo Recreation Center

$

Construction/improvements to the City of Pembroke recreational

facilities

$

Maintenance of existing generator and purchase of a generator

$

Expand Pineview city hall

$

Purchase "Jaws of Life" for Pooler Fire Department

$

Contract for services with the George Ford Center in Powder

Springs

$

Pave parking lot for Reidsville Recreation Department

$

Pave parking lot for Reidsville Airport Authority

$

Purchase/install culverts and gutters in the City of Remerton

$

Pave parking lot for Rhine Community Center

$

Renovate the old Railroad Depot in City of Richland

$

Construct multi-purpose facility for the City of Rockmart

$

Construct handicapped accessible restrooms for the City of

Rossville's recreation area

$

Revitalize downtown Sandersville city park and monument

$

Purchase/install air conditioner at Frank Callen Boys and Girls

Club gym in Savannah

$

Purchase police car for Screven Police Department

$

Construction and land improvements for Cobb Veterans' Memorial

in Smyrna

$

Purchase/install lighting for ball field in Soperton

$

Purchase materials for Project Turn Around in City of Sparks

$

Revitalize downtown Sparta business districts and sidewalks

$

Repair erosion problems for the City of Stapleton

$

Install HVAC system in gymnasium for City of Stone Mountain

$

Develop feasibility study to determine long range water needs in the

City of Summerville

$

Upgrade facilities at the Swainsboro recreation complex

$

Contract for services with the Genesis Food Park in the City of

Thomasville

$

Construct track at Thomasville High School

$

Purchase multi-purpose vehicle for Thomson Fire Department

$

Purchase/install lawn sprinkler system for the Thunderbolt

Community Improvement Association

$

Restore water well and upgrade water lines in the City of

Thunderbolt

$

Refurbish museum in Thunderbolt

$

Renovate recreation complex in Twin City

$

Contract for services with Tybee Island Marine Science Center for

educational tours for children

$

Contract for services for a day program for older adults with

8,000
32,000
32,000 13,000 16,000
4,000 12,000 16,000
8,000 12,000
12,000 20,000 40,000 25,000
150,000 12,000 20,000 40,000 4,000 24,000 68,000
24,000 11,000
56,000 8,000
50,000 8,000
24,000 8,000
40,000 20,000
28,000 12,000
62,000
12,000 24,000
1,500
52,000 16,000 12,000
20,000

Monday, March 20, 2000

1999

City of Warrenton City of Warrenton City of Willahoochee City of Williamson City of Woodbury City of Wrightsville City of Yatesville Library Trustees City of Warner Robins Clayton County City of Morrow
City of Lake City
Bleckley County City of Hawkinsville City of Savannah Buchanan County Columbus/Muscogee County Columbus/Muscogee County Columbus/Muscogee County City of Fargo Effingham County DeKalb County
Southwest Georgia Railroad Authority City of St. George
City of Leslie City of Homerville
City of Chaserville
City of Thomson Glascock County Camden County
Waycross Count
Hancock County Hancock County Burke County City of Chatsworth City of Concord Fulton County DeKalb County City of Columbus City of Lithia Springs Fayette County Miller County

disabilities at the Albany ARC through the City of Vienna

$

Renovate the City of Warrenton sports complex and tennis courts

$

Purchase two emergency generators for City of Warrenton

$

Purchase playground equipment for Willahoochee City Parks

$

Upgrade the City of Williamson water system

$

Improvements to the Woodbury sewer system

$

Renovate/repair downtown sidewalks in Wrightsville

$

Construct Yatesville Community Library

$

Contract for services from the Aviation Museum in Warner Robins $

Purchase/install playground system in Clayton County

$

Purchase supplies and equipment for the Prevention Plus Teen

Center in the City of Morrow

$

Purchase voice analyzer and hire an operator to assist in criminal

investigations in the City

$

of Lake City

Bleckley County Cochran Recreation Commission

$

Contract for services with the Arts Council in Hawkinsville

$

Economic development study for Savannah

$

Renovation/repair of Buchanan Historic County Courthouse

$

Contract for services with Springer Opera House in Columbus

$

Contract for services with Woodruff Civil War Museum in

Columbus/Muscogee County

$

Contract for services with Liberty Theater in Columbus/Muscogee

County

$

Purchase/install playground equipment for the City of Fargo

$

Contract for services with the STARR Program in Effingham County $

Contract for services with the Student Learning and Achieving in

Math program in DeKalb County

$

Purchase equipment for the Southwest Georgia Railroad Excursion

Authority

$

Purchase fire knocker truck for St. George Volunteer Fire

Department

$

Purchase fire knocker truck for Leslie Volunteer Fire Department

$

Purchase fire knocker truck for Homerville Volunteer Fire

Department

$

Purchase fire knocker truck for Chaserville-Massee Volunteer Fire

Department

$

Purchase fire knocker truck for Thomson Volunteer Fire Department $

Purchase fire knocker truck for Glascock Volunteer Fire Department $

Convert 2 military surplus trucks to fire trucks for Camden County

Volunteer Fire Department

$

Completion of Fire Safety House for Waycross-Ware County Fire

Department

$

Purchase ambulance for Hancock County

$

Purchase fire truck for Hancock County

$

Construct/operate a public fishing area in Burke County

$

Expand/repair the City of Chatsworth water/sewer system

$

Conduct a water supply study in the City of Concord

$

Contract for services with High Plains Center in Fulton County

$

Contract for services with Project Impact, Atlanta/DeKalb County $

Feasibility study and planning for a trade center in Columbus

$

Construct Student Learning Center in Lithia Springs

$

Construct a recreation center in Fayette County

$

Construct an agricultural facility in Miller County

$

33,000 12,000 32,000
4,000 12,000 40,000
8,000
40,000 80,000 30,000
13,000
10,000
25,000 15,000 65,000 450,000
125,000
100,000
125,000 20,000 10,000
40,000
150,000
60,000 70,000
60,000
60,000 25,000 15,000
30,000
30,000 75,000 50,000 250,000 280,000 25,000 100,000 150,000 265,000 450,000 350,000 65,000

2000

JOURNAL OF THE SENATE

Laurens County Cobb County Greene County Ocmulgee Regional Library Trustees Mitchell County Board of Education

Purchase right-of -way and construct roads for Laurens County Repair/renovate roof for Cobb Senior Center Greene County right of way beautification project Purchase bookmobile for Ocmulgee Regional Library
Operation and storm repairs for Mitchell County Schools

$ 800,000

$

25,000

$

25,000

$ 100,000

$ 250,000

If a local assistance grant above incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government entity with responsibility for the purpose.

If a local assistance grant above states an ineligible purpose, the intended purpose is eligible activity of the stated recipient with substantially similar character.

Where a local assistance grant states that it is for the operation of a private program or a private entity, the intent is that the local government recipient contract for services of such a nature from the private entity.

If a local assistance grant states that it is for the purchase of property for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services of the private entity using the property.

Section 42. Provisions Relative to Section 8, Department of Community Health.

There is hereby appropriated to the Department of Community Health a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

Section 43.

Provisions Relative to Section 10, State Board of Education Department of Education.

The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,153.11. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.

Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Section 44.

Provisions Relative to Section 11, Employees' Retirement System.

It is the intent of the General Assembly that the 2% factor for new plan retirement (1982) is funded.

It is the intent of this General Assembly that the employer contribution rate for term life insurance for state employees who are members of the new retirement benefit plan shall not exceed .25%.

Funds are provided in this appropriation act for H.B. 654, H.B. 988, H.B. 1046, H.B. 543, H.B. 764, H.B. 767, H.B. 919, H.B. 859, H.B. 1031, and S.B. 45.

Section 45.

Provisions Relative to Section 15, Department of Human Resources.

Monday, March 20, 2000

2001

The Department of Human Resources is authorized to calculate all Temporary Assistance for Needy Families benefit payments utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply:

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

2

356

3

424

4

500

5

573

6

621

7

672

8

713

9

751

10

804

11

860

$ 155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to make supplemental payments on these maximum monthly amounts up to the amount that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans.

Provided, the Department of Human Resources is authorized to transfer funds, not to exceed $79,939,939, from the Cash Benefits object class to facilitate the stated purposes of the Temporary Assistance for Needy Families program. The purposes are: 1.) To provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives; 2.) To end the dependence of needy parents on government benefits by promoting job preparation, work and marriage; 3.) To prevent and reduce the incidence of out-of-wedlock pregnancies; and 4.) To encourage the formation and maintenance of two-parent families.

Section 46. Provisions Relative to Section 22, Merit System of Personnel Administration.

The Department is authorized to assess no more than $137.00 per budgeted position for the cost of departmental operations and may roll forward any unexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2001 shall not exceed 13.1%.

It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for SFY 2001 shall not exceed 13.1%.

2002

JOURNAL OF THE SENATE

Section 47.

Provisions Relative to Section 23, Department of Natural Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.

Provided, that of the amount above for per diem, fees and contracts, no more than $55,000 may be used for a common program of subsidizing mass transit fares to and from work for employees of state agencies and authorities, as authorized in O.C.G.A. 45-7-55, and if not for such purposes, then for other purposes within the object class. The subsidy may be limited to employees who live or work in the "Atlanta Ozone Nonattainment Area" and may not exceed $15 per month per employee. The Department of Transportation and any other budget unit eligible for such a grant may apply to this purpose available federal matching funds. For purposes of this appropriation "Atlanta Ozone Nonattainment Area" means the geographic area of the state comprised of Bartow, Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Paulding, and Rockdale Counties.

Section 48.

Provisions Relative to Section 26, Public School Employees' Retirement System.

It is the intent of this General Assembly that the employer contribution rate for members of the Public School Employees' Retirement System shall increase from $10.50 to $12.00.

Section 49.

Provisions Relative to Section 29, Department of Revenue.

For purposes of homeowner tax relief grants to counties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $4,000 for the taxable year beginning January 1, 2000.

Section 50.

Provisions Relative to Section 33, Teachers' Retirement System.

It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.29% for S.F.Y. 2001.

Funds are provided in this appropriation act for H.B. 999 and H.B. 908.

Section 51. Provisions Relative to Section 35, Department of Transportation.

For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:

a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Department of Administrative Services.

b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for additional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.

Monday, March 20, 2000

2003

d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation payable in lieu of the Motor Fuel Tax Funds appropriated in Section 34 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for separately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Provided, that funding available to the Department of Transportation may be used for right-of-way acquisition for a multi-lane road to connect Atlanta Motor Speedway to Interstate 75 via State Road 20 and State Road 3.
Section 52.
In addition to all other appropriations for the State fiscal year ending June 30, 2001, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $8,641,072 for the purpose of providing operating funds for the State physical health laboratories ($120,000) and for State mental health/mental retardation institutions ($8,521,072) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 53.
To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.

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JOURNAL OF THE SENATE

A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 54.
Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 55.
In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 56.
No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 57.
In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 58.
(a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 2000 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.

Monday, March 20, 2000

2005

(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.
Section 59.
Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classification following such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 60.
There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act.
Section 61. Salary Adjustments.
The General Assembly has distributed and included in the agency appropriations listed above State funds for the following purposes: 1.) To provide a general salary adjustment at a 3% funding level, for merit increases of 0% to 6% for individual employees of the Executive Branch, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. The proposed salary adjustments are also calculated in conformance with the Georgia Gain pay for performance system. For Executive Branch employees who receive at least meets expectations on their annual performance appraisal, the appropriation for this purpose is also calculated to permit the warranted merit raise, even if the resulting salary will exceed the present maximum annual salary for the pay grade. 2.) To provide a general salary adjustment of 3 % for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000, and with proposed salary adjustments contingent on an employee receiving at least "satisfactory" or "meets expectations" on their annual performance appraisal. 3.) To provide for a cost of living adjustment of 3% for each state official excluding members of the General Assembly whose salary is set by Act 755 (H.B. 262) of the 1978 General Assembly, as amended, as authorized in said act, Code Section 45-7-4, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. 4.) To provide for a 3% increase in the state base salary on the local teacher salary schedule of the State Board of Education with the amount of the appropriation for this purpose calculated according to an effective date of September 1, 2000. 5.) To provide for a 3% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose calculated according to an effective date of July 1, 2000. 6.) In lieu of item 1 above, to provide for a 3% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose calculated according to an effective date of September 1, 2000. 7.) In lieu of item 1 above, to provide a 3% funding level for merit increases for individual Regents faculty and support personnel with the amount of the appropriation for this purpose calculated to commence with the fall semester for contract academic personnel and calculated to commence October 1, 2000 for all other personnel. 8.) In addition to any raises under item 1 above, to provide a general adjustment for employees of the Executive Branch earning below the GeorgiaGain target hire rate for their respective job classifications, excluding the job classifications specifically addressed in other provisions of this section. The appropriation for these raises is calculated as follows: Increase the

2006

JOURNAL OF THE SENATE

annual salaries by one-third of the difference between their current annual salary and the GeorgiaGain target hire rate for the applicable job classification, with an effective date of October 1, 2000. 9.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Board of Pardons and Paroles employees earning below the Georgia Gain established target salary levels in the Parole Officer, Senior Parole Officer, Assistant Chief Parole Officer, Chief Parole Officer and Parole Center Administrator job classifications or award a 3% salary adjustment, whichever is greater, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. 10.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Board of Pardons and Paroles employees earning at or above the GeorgiaGain established target salary levels in the Parole Officer, Senior Parole Officer, Assistant Chief Parole Officer, Chief Parole Officer and Parole Center Administrator job classifications with the amount of the appropriation for this purpose calculated according to and effective date of October 1, 2000. 11.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Corrections employees earning below the GeorgiaGain target salary level for the Probation Officer I, Probation Officer II, Probation Officer III, Chief Probation Officer, Supervisor Officer and Center Probation Officer job classifications, or award a 3% salary adjustment, whichever is greater with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. 12.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Corrections employees earning at or above the GeorgiaGain target salary level for the Probation Officer I, Probation Officer II, Probation Officer III, Chief Probation Officer, Supervisor Officer and Center Probation Officer job classifications, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. 13.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for Department of Human Resources employees earning below the GeorgiaGain target salary level for the Social Services Case Manager, Social Services Case Manager Associate, Family Independence Case Manager I and Family Independence Case Manager II job classifications with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. 14.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Human Resources employees earning at or above the GeorgiaGain target salary level for the Social Services Case Manager, Social Services Case Manager Associate, Family Independence Case Manager I and Family Independence Case Manager II job classifications with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. 15.) In addition to the general salary adjustment in item 1 above, to provide a 3% funding level for supplemental salary adjustments for Department of Natural Resources Peace Officer Standards Training certified personnel, with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000. 16.) In addition to the general salary adjustment in item 1 above, to provide supplemental salary adjustments for employees successfully completing the primary accounting series of courses offered through the State Financial Management Certificate Program with the amount of the appropriation for this purpose calculated according to an effective date of October 1, 2000.

Section 62. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2001

$

14,471,828,880

Section 63.

This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 64.

All laws and parts of laws in conflict with this Act are repealed.

Senator Hooks of the 14th moved that the Senate adopt the Conference Committee report on HB 1160.

On the motion, the President ordered a roll call, and the vote was as follows:

Monday, March 20, 2000

2007

N Balfour Y Blitch Y Bowen Y Broun Y Brown
Brush N Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp N Ladd N Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Walker N Williams

On the motion, the yeas were 43, nays 11; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1160.
Senator Starr of the 44th, President Pro Tempore, assumed the Chair.
The Calendar was resumed.
HB 904. By Representatives Smyre of the 136th, Sinkfield of the 57th, Stanley of the 49th and others:
A bill to amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to enact the "Childhood Lead Exposure Control Act"; and for other purposes.
Senate Sponsor: Senator Gillis of the 20th.
The Senate Natural Resources Committee offered the following substitute to HB 904:
A BILL
To be entitled an Act to amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to enact the "Childhood Lead Exposure Control Act"; to provide for definitions; to provide for investigations by the Division of Public Health to identify lead poisoning hazards; to provide for notification; to provide for abatement; to provide for the effect of compliance with the maintenance standard; to provide for a certificate of evidence of compliance with the maintenance standard; to provide that nothing contained in this Act shall be construed or interpreted as imposing or creating any liability on or creating any cause of action against any owner or managing agent of a dwelling, dwelling unit, or residential housing unit arising from exposure to lead-based paint or lead-contaminated dust, regardless of when such dwelling, dwelling unit, or residential housing unit was constructed and regardless of whether the requirements of this article have been complied with or accomplished; to provide for resident responsibilities; to provide that this Act shall not apply to any owner or managing agent of a single-family dwelling or multifamily residence, building, or structure designed to contain not more than 12 single-family dwellings, dwelling units, or residential housing units so long as the whole complex comprised of such residences, buildings, or structures does not contain more than 12 single-family dwellings, dwelling units, or residential housing units; to authorize the Division of Public Health to promulgate necessary regulations; to provide for applicability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

2008

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, is amended by designating the current provisions of said chapter as Article 1 and inserting a new Article 2 to read as follows:
"ARTICLE 2
31-41-10.
This article shall be known and may be cited as the 'Childhood Lead Exposure Control Act.'
31-41-11.
(a) The General Assembly finds that childhood lead poisoning prevention activities are currently carried out within the Environmental Health and Injury Prevention, Epidemiology and Prevention, and Laboratory Branches of the Division of Public Health. These activities include lead poisoning case identification, laboratory support, identification of exposure sources, environmental management, and lead hazard reduction. Childhood lead poisoning cases are identified through screening tests conducted by public health clinics and private health care providers and by laboratory reporting of test results. In 1994, lead poisoning was established as a notifiable condition and made part of the Notifiable Disease reporting system.
(b) The General Assembly further finds that the Georgia Public Health Laboratory is licensed and certified to analyze blood specimens for lead. Laboratory services are provided for children screened in public health clinics and for children without health insurance screened by private health care providers. For each reported case of lead poisoning, an environmental investigation is conducted to identify the source of lead. Environmental health specialists assess the primary residence and other locations frequented by the lead-poisoned child. Information is collected from parents and caregivers; on-site surface testing and environmental sample collection and analysis are done as needed. When the lead source is identified, recommendations are made for the mitigation or abatement of the lead hazard. Identified lead poisoning cases are tracked collaboratively by public health nurses and environmental health specialists to assure that appropriate treatment is received and that the child does not reenter the environment where the exposure occurred.
31-41-12.
As used in this article, the term:
(1) 'Confirmed lead poisoning' means a blood lead concentration of 20 micrograms per deciliter or greater as determined by the lower of two consecutive blood tests within a six-month period.
(2) 'Day-care facility' means a structure or structures used as a school, nursery, child care center, clinic, treatment center, or other facility serving the needs of children under six years of age including the grounds, any outbuildings, or other structures appurtenant to the facility.
(3) 'Division' means the Division of Public Health.
(4) 'Dwelling,' 'dwelling unit,' or 'residential housing unit' means the interior of a structure, all or part of which is designed or used for human habitation.
(5) 'Elevated blood lead level' means a blood lead concentration of ten micrograms per deciliter or greater as determined by the lower of two consecutive blood tests within a six-month period.
(6) 'Lead poisoning hazard' means the presence of readily accessible or mouthable lead bearing substances measuring 1.0 milligram per square centimeter or greater by X-ray fluorescence or 0.5 percent or greater by

Monday, March 20, 2000

2009

chemical analysis; 100 micrograms per square foot or greater for dust on floors; 500 micrograms per square foot or greater for dust on window sills.
(7) 'Lead safe housing' is housing that was built since 1978 or that has been tested by a person who has been licensed or certified by the Board of Natural Resources to perform such testing and either found to have no lead-based paint hazards within the meaning of Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 14 U.S.C. Code Section 185(b)(15) or housing that has been found to meet the requirements of the maintenance standard.
(8) 'Maintenance standard' means the following:
(A) Repairing and repainting areas of deteriorated paint inside a residential housing unit;
(B) Cleaning the interior of the unit to a standard of cleaning which is at least customary in the local area at lease origination or as part of the abatement plan, whichever is first, to remove dust that constitutes a lead poisoning hazard;
(C) Adjusting doors and windows to minimize friction or impact on surfaces;
(D) Subject to the occupant's approval, appropriately cleaning any carpets at lease origination or as part of the abatement plan, whichever is first;
(E) Taking such steps as are necessary to ensure that all interior surfaces on which dust might collect are readily cleanable; and
(F) Providing the occupant or occupants all information required to be provided under the Residential Lead-Based Paint Hazard Reduction Act of 1992 and amendments thereto.
(9) 'Managing agent' means any person who has charge, care, or control of a building or part thereof in which dwelling units or rooming units are leased.
(10) 'Mouthable lead-bearing substance' means any substance on surfaces or fixtures five feet or less from the floor or ground that form a protruding corner or similar edge, protrude one-half inch or more from a flat wall surface, or are freestanding and contain lead contaminated dust at a level that constitutes a lead poisoning hazard. Mouthable surfaces or fixtures include vinyl miniblinds, doors, door jambs, stairs, stair rails, windows, window sills, and baseboards.
(11) 'Persistent elevated blood lead level' means a blood lead concentration of 15 to 19 micrograms per deciliter as determined by the lowest of three consecutive blood tests. The first two blood tests shall be performed within a sixmonth period, and the third blood test shall be performed at least 12 weeks and not more than six months after the second blood test.
(12) 'Readily accessible lead-bearing substance' means any substance containing lead at a level that constitutes a lead poisoning hazard which can be ingested or inhaled by a child under six years of age. Readily accessible substances include deteriorated paint that is peeling, chipping, cracking, flaking, or blistering to the extent that the paint has separated from the substrate. Readily accessible substances also include paint that is chalking.
(13) 'Regularly visits' means presence at a dwelling, dwelling unit, school, or day-care facility for at least two days a week for more than three hours per day.
(14) 'Supplemental address' means a dwelling, dwelling unit, school, or day-care facility where a child with a persistent elevated blood lead level or a confirmed lead poisoning regularly visits or attends. Supplemental address also means a dwelling, school, or day-care facility where a child resided, regularly visited, or attended within the six months immediately preceding the determination of a persistent elevated blood lead level or a confirmed lead poisoning.

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31-41-13.
Upon determination that a lead poisoning hazard exists, the division shall give written notice of the lead poisoning hazard to the owner or managing agent of the dwelling, dwelling unit, school, or day-care facility and to all persons residing in or attending the dwelling or facility. The written notice to the owner or managing agent shall include a list of possible methods of abatement of the lead poisoning hazard.
31-41-14.
(a) Upon determination that a child less than six years of age has a confirmed lead poisoning of 20 micrograms per deciliter or greater and that child resides in, attends, or regularly visits a dwelling, dwelling unit, school, or day-care facility containing lead poisoning hazards, the division shall require abatement of the lead poisoning hazards. The division shall also require the abatement of the lead poisoning hazards identified at the supplemental addresses of a child less than six years of age with a confirmed lead poisoning of 20 micrograms per deciliter or greater.
(b) When abatement is required under subsection (a) of this Code section, the owner or managing agent shall submit a written lead poisoning hazard abatement plan to the division within 14 days of receipt of the lead poisoning hazard notification and shall obtain written approval of the plan prior to initiating abatement. The lead poisoning hazard abatement plan shall comply with subsection (g) of this Code section. The written plan shall be deemed approved if the division does not respond within 14 days of receipt.
(c) If the abatement plan submitted fails to meet the requirements of this Code section, the division shall issue an abatement order requiring submission of a modified abatement plan. The order shall indicate the modifications which shall be made to the abatement plan and the date by which the plan as modified shall be submitted to the division.
(d) If the owner or managing agent does not submit an abatement plan within 14 days, the division shall issue an abatement order requiring submission of an abatement plan within five days of receipt of the order.
(e) The owner or managing agent shall notify the division and the occupants of the dates of abatement activities at least three days prior to the commencement of abatement activities.
(f) Abatement shall be completed within 60 days of the division's approval of the abatement plan. If the abatement activities are not completed within 60 days as required, the division shall issue an order requiring completion of abatement activities. An owner or managing agent may apply to the division for an extension of the deadline for abatement. The division may issue an order extending the deadline for 30 days upon proper written application by the owner or managing agent.
(g) All lead-containing waste and residue of the abatement of lead shall be removed and disposed of by the person performing the abatement in accordance with applicable federal, state, and local laws and rules.
(h) The division shall verify by visual inspection that the approved abatement plan has been completed. The division may also verify plan completion by residual lead dust monitoring. Compliance with the maintenance standard shall be deemed equivalent to meeting the abatement plan requirements.
(i) Removal of children from the dwelling, school, or day-care facility shall not constitute abatement if the property continues to be used for a dwelling, school, or day-care facility.
31-41-15.
Any owner of a residential housing unit constructed prior to 1978 who is sued by a current or former occupant seeking damages for injuries allegedly arising from exposure to lead-based paint or lead-contaminated dust shall not be deemed liable: (1) for any injuries sustained by that occupant after the owner first complied with the maintenance standard defined under paragraph (8) of Code Section 31-41-12 provided that the owner has repeated the steps provided for in the maintenance standard annually and obtained a certificate of compliance under Code Section 3141-16 annually during such occupancy; or (2) if the owner is able to show that the unit was lead safe housing

Monday, March 20, 2000

2011

containing no lead-based paint hazards during the period when the injuries were sustained. Nothing contained in this article shall be construed or interpreted as imposing or creating any liability on or creating any cause of action against any owner or managing agent of a dwelling, dwelling unit, or residential housing unit arising from exposure to lead-based paint or lead-contaminated dust, regardless of when such dwelling, dwelling unit, or residential housing unit was constructed and regardless of whether the requirements of this article have been complied with or accomplished.
31-41-16.
An owner of a unit who has complied with the maintenance standard may apply annually to the division for and upon presentation of acceptable proof of compliance shall be provided by the division a certificate evidencing such compliance. The owner shall be entitled to the liability relief provided for in Code Section 31-41-15 upon obtaining such certificate or certificates.
31-41-17.
In any residential housing unit occupied by a child less than six years old who has an elevated blood lead level of ten micrograms per deciliter or greater, the division shall advise, in writing, the owner or managing agent and the child's parents or legal guardian as to the importance of carrying out routine cleaning activities in the units they occupy, own, or manage. Such cleaning activities shall include:
(1) Wiping clean all window sills with a damp cloth or sponge at least weekly;
(2) Regularly washing all surfaces accessible to the child;
(3) In the case of a leased residential housing unit, identifying any deteriorated paint in the unit and notifying the owner or managing agent of such conditions within 72 hours of discovery; and
(4) Identifying and understanding potential lead poisoning hazards in the environment of each child under the age of six in the housing unit including vinyl miniblinds, playground equipment, soil, and painted surfaces and taking steps to prevent the child from ingesting lead, such as encouraging the child to wash his or her face and hands frequently and especially after playing outdoors.
31-41-18.
This article shall not apply to any owner or managing agent of a single-family dwelling or multifamily residence, building, or structure designed to contain not more than 12 single-family dwellings, dwelling units, or residential housing units so long as the whole complex comprised of such residences, buildings, or structures does not contain more than 12 single-family dwellings, dwelling units, or residential housing units.
31-41-19.
The Division of Public Health shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this article."
SECTION 2.
The provisions of this Act relating to enforcement of recommendations for abatement or mitigation of a lead hazard shall become effective upon the receipt of funds by the Division of Public Health in the form of a grant for such specific purpose awarded by the Centers for Disease Control and Prevention.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.

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Senator Lamutt of the 21st asked unanimous consent that he be excused from voting on HB 904 pursuant to Senate Rule 175. The consent was granted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun
Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan N Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd E Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr (PRS) Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.

HB 1372. By Representatives Martin of the 47th, Stanley of the 50th, Stanley of the 49th and others:

A bill to be entitled an Act to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended by an Act approved April 2, 1998 (Ga. L. 1998, p. 559) and an Act approved April 28, 1999 (Ga. L. 1999, p. 830), so as to incorporate into said Act certain provisions regarding additional penalties and bail and bond amounts to be imposed for certain jail purposes which provisions were enacted previously by an Act approved April 1, 1996 (Ga. L. 1996, p. 392); to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Thomas of the 10th.

Senator Thomas of the 10th offered the following amendment:

Amend HB 1372 by striking "to provide an effective date;" on line 12 of page 1 and inserting in its place "to change the compensation of the judges of said court; to provide for effective dates;".

By striking lines 13 through 16 of page 2 and inserting in their place the following:

"SECTION 2. Said Act is further amended by striking subsection (d) of Section 4 thereof and inserting in its place the following:

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2013

'(d) The annual salaries of the chief judge and of each judge shall be paid by the governing authority of each city. However, the annual salaries of the chief judge and judges shall be no less than the annual salaries of the judges of the state court within the territorial jurisdiction of said court.'

SECTION 3.

(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) Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated, Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4."

On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen
Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr (PRS) Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed as amended.

HR 1079. By Representatives Stanley of the 50th, Stanley of the 49th, Jamieson of the 22nd and others:

A resolution creating the Commission on Psychiatric Medication of School-Age Children; and for other purposes.

Senate Sponsor: Senator Thomas of the 2nd.

Senators Thomas of the 2nd, Thomas of the 10th and Thomas of the 54th offered the following amendment:

Amend HR 1079 by striking line 18 of page 1 and inserting in its place the following:

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"composed of 12 members. Four members of the House of".

By striking "Three" and inserting in its place "Four" on line 22 of page 1.

On the adoption of the amendment, the yeas were 40, nays 0, and the Thomas of the 2nd et al., amendment was adopted.

Senators Thomas of the 10th and Thomas of the 2nd offered the following amendment: Amend HR 1079 by striking "; and" and inserting in its place a period on line 11 of page 1.

By striking lines 12 through 14 of page 1.

On the adoption of the amendment, the yeas were 34, nays 0, and the Thomas of the 10th and Thomas of the 2nd amendment was adopted.

The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E
Kemp Ladd Y Lamutt Y Land Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Williams

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted as amended.

HB 1133. By Representatives Ehrhart of the 36th, Stuckey of the 67th, Wiles of the 34th and Richardson of the 26th:

A bill to be entitled an Act to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to change certain provisions relating to custody of children; to change certain provisions relating to discretion of court in custody disputes; to provide for reports of the Judiciary Committees of the Senate and House of Representatives in 2002 regarding the effects of this Act; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Kemp of the 3rd.

Monday, March 20, 2000

2015

The Senate Judiciary Committee offered the following amendment:

Amend HB 1133 by striking line 1 of page 2 and inserting in lieu thereof the following:

"(C) The desire of a child who has reached the age of 11 years but not 14 years shall not, in and of itself, constitute a material change of conditions or circumstances in any action seeking a modification or change in the custody of that child.

(D) The court may issue an order granting temporary".

On the adoption of the amendment, the yeas were 45, nays 1, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson Walker Y Williams

On the passage of the bill, the yeas were 47, nays 1.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 887. By Representatives Hudson of the 156th, Ray of the 128th, Parrish of the 144th and others:

A bill to amend Article 1 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Firefighter's Pension Fund, so as to expand the scope of fire fighters eligible to become members of the fund; to change a certain definition; to repeal Code Section 47-7-2, relating to the purpose of the fund; and for other purposes.

Senate Sponsor: Senator Madden of the 47th. The following Fiscal Notes, as required by law, were read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

February 22, 2000

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JOURNAL OF THE SENATE

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT:

State Auditor's Certification House Bill 887 (LC 21 5446) Substitute (LC 21 5881S)

Dear Chairman Cummings:

This bill would allow members of the Georgia Firefighters' Pension Fund who have been removed from membership in the Fund because of non-payment of dues to receive credit for prior service if they are reinstated into the Fund. Currently, members who are removed from the Fund are only entitled to credit for service rendered after reinstatement. This bill would also establish a minimum benefit of $500 per month for any member who retired on or before February 25, 1976, and would establish a minimum monthly benefit of $500 for any member receiving disability benefits through the Fund. In addition, this would amend provisions relating to death benefits for members of the Georgia Firefighters' Pension Fund. If this legislation is enacted, the death benefit paid to the beneficiary of a deceased member would be $5,000 provided the member had not begun receiving any benefits. Currently, the beneficiary is only entitled to the amount of money contributed by the member into the Fund. In the event the member had begun receiving benefits but has not received benefits totaling $5,000, the beneficiary would be entitled to receive the difference between $5,000 and the amount of benefits previously received by the deceased member. Currently, the beneficiary is only entitled to receive the difference between the amount contributed and the amount of benefits received by the deceased member. Finally, this bill would create the Georgia Class Nine Fire Department Pension Fund. Certain revenues now received by the Georgia Firefighters' Pension Fund would be transferred to the newly created Georgia Class Nine Fire Department Pension Fund.

This is to certify that this substitute bill is a reduction in cost amendment as defined in the Public Retirement Systems Standards Law.

Sincerely,

/s/ Russell W. Hinton State Auditor

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 22, 2000
Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

SUBJECT:

Actuarial Investigation House Bill 887 (LC 21 5446) Substitute (LC 21 5881S) Georgia Firefighters' Pension Fund Georgia Class Nine Fire Department Pension Fund

Monday, March 20, 2000

2017

Dear Chairman Cummings:

This bill would allow members of the Georgia Firefighters' Pension Fund who have been removed from membership in the Fund because of non-payment of dues to receive credit for prior service if they are reinstated into the Fund. Currently, members who are removed from the Fund are only entitled to credit for service rendered after reinstatement. This bill would also establish a minimum benefit of $500 per month for any member who retired on or before February 25, 1976, and would establish a minimum monthly benefit of $500 for any member receiving disability benefits through the Fund. In addition, this would amend provisions relating to death benefits for members of the Georgia Firefighters' Pension Fund. If this legislation is enacted, the death benefit paid to the beneficiary of a deceased member would be $5,000 provided the member had not begun receiving any benefits. Currently, the beneficiary is only entitled to the amount of money contributed by the member into the Fund. In the event the member had begun receiving benefits but has not received benefits totaling $5,000, the beneficiary would be entitled to receive the difference between $5,000 and the amount of benefits previously received by the deceased member. Currently, the beneficiary is only entitled to receive the difference between the amount contributed and the amount of benefits received by the deceased member. Finally, this bill would create the Georgia Class Nine Fire Department Pension Fund. Certain revenues now received by the Georgia Firefighters' Pension Fund would be transferred to the newly created Georgia Class Nine Fire Department Pension Fund.

The first year cost of this legislation to the Georgia Firefighters' Pension Fund would be $682,000 in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. The estimated cost includes $142,000 each year for the next 10 years to amortize the unfunded actuarial accrued liability, $40,000 each year to fund the normal cost, and $500,000 in revenues that would be transferred to the Georgia Class Nine Fire Department Pension Fund. According to information obtained from the actuary, current revenues generated by the Fund are sufficient to cover the cost of this bill. Therefore, if this legislation is enacted, the required employer contribution would not increase provided this was the only bill affecting the Fund to be enacted. The estimated cost is based on current member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs associated with this bill would be paid through a portion of the 1% tax on gross premiums issued by fire insurance companies in Georgia.

The first year cost of this legislation to the Georgia Class Nine Fire Department Pension Fund would be $185 per new participant, in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This is the amount required each year in addition to the member dues to fund the normal cost. Information obtained from the actuary indicates that there are approximately 4,472 firefighters who would become eligible for membership if this legislation is enacted. It is believed that nearly 100% of these firefighters are volunteer firefighters. It is uncertain how many firefighters would elect membership. Of the volunteer firefighters currently eligible for membership in the Georgia Firefighters' Pension Fund, 18.7% have joined that fund. If the newly eligible firefighters elect membership in the Georgia Class Nine Fire Department Fund in the same proportion that the currently eligible members have elected membership in the Georgia Firefighters' Pension Fund, then there would be approximately 838 additional members (18.7% of 4,472 is 838). If 838 of the newly eligible persons join the Fund, the first year cost would be $155,000. However, if all 4,472 eligible persons join the Fund, the first year cost would be $827,000. According to information obtained from the Fund's actuary, it is estimated that the Fund could support only 2,702 additional members as a result of this bill, based on the Fund's current level of revenue. Revenues for the Georgia Class Nine Fire Department Pension Fund would be generated from member contributions, a portion of the 1% tax on gross premiums issued by fire insurance companies in Georgia, and interest on the Fund's assets. The estimated cost is based on actuarial assumptions and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation.

The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-2036 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods.

Georgia Firefighters' Pension Fund

(1)

The amount of the unfunded actuarial accrued liability which will

result from the bill.

$ 1,036,000

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(2)

The amount of the annual amortization of the unfunded actuarial

accrued liability which will result from the bill.

(3)

The number of years that the unfunded actuarial accrued liability

created by this bill would be amortized.

(4) The amount of the annual normal cost which will result from the bill.

(5) The employer contribution rate currently in effect.

(6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10).

(7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition.

$ 142,000
$ 40,000 $ 182,000
1% tax on premiums 1% tax on premiums collected in areas covered by Class 1 - 8 fire departments
$ 182,000*

*

This bill would increase the cost to the Fund by $182,000 in the first year. In addition, this bill

would result in the transfer of approximately $500,000 in revenues per year to the Georgia Class

Nine Fire Department Fund. However, the required employer contribution would not increase

since current revenues generated by the Fund remaining after the proposed transfer are sufficient

to cover the cost of this bill, provided, however, this was the only bill affecting the Georgia

Firefighters' Pension Fund to be enacted. If other bills affecting the Fund are also passed into law,

the aggregate effect of all bills passed would need to be analyzed to determine if current employer

contributions are sufficient.

Georgia Class Nine Fire Department Pension Fund

(1) The amount of the unfunded actuarial accrued liability which will result from the bill.

(2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill.

(3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized.

(4)

The amount of the annual normal cost which will result from the bill.

(5)

The employer contribution rate currently in effect.

(6)

The employer contribution rate recommended (in conformity with

minimum funding standards specified in Code Section 47-20-10).

(7)

The dollar amount of the increase in the annual employer contribution

which is necessary to maintain the retirement system in an actuarially

sound condition.

$0
$0
N/A $185 for each new member N/A 1% tax on premiums collected in areas covered by Class 9 fire departments
$185 for each new member*

*

This bill would increase the cost to the Fund by $185 in the first year for each new member.

Based on information received from the actuary, there are approximately 4,472 persons who

would become eligible for membership if this legislation is enacted. It is uncertain how many

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2019

persons will elect membership. However, according to the actuary, current revenues would not be sufficient to cover the cost of this bill if more than 2,702 persons elected membership.

It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein.

Sincerely,

/s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary:

Senator Cable supports HB 887.

/s/ Susan W. Cable District 27

HB 801. By Representatives Scheid of the 17th, Stancil of the 16th and Pinholster of the 15th:

A bill to amend Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to the income tax credits for certain low-emission vehicles, so as to increase the amount of such credits; to increase the carry forward periods of such credits; to provide for an additional credit with respect to certain electric vehicle chargers; and for other purposes.

Senate Sponsor: Senator Johnson of the 1st.

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The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 55, nays 0.

The bill, having received the requisite constitutional majority, was passed. HB 1312. By Representative Martin of the 47th:

A bill to be entitled an Act to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6045), so as to revise certain costs and service fees charged by the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator James of the 35th.

Senators Thompson of the 33rd and Tanksley of the 32nd offered the following amendment: Amend HB 1312 by striking on page 2 lines 23 through 30,

and by inserting between lines 31 and 32 of page 2 the following:

Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, is amended by striking Code Section 36-15-11, relating to special provisions applicable to certain counties and inserting the following:

"36-15-11

Notwithstanding any other provision of this Chapter, in all counties of this state having a population of 700,000 or more according to the United States decennial census of 1980 or any future census, all funds collected by reason of this chapter shall be paid into the general treasury of such county to be used for lawful purposes of the courts of the county, including the maintenance of a county law library; and there shall be no county law library fund."

Monday, March 20, 2000

2021

On the adoption of the amendment, the yeas were 42, nays 5, and the Thompson, Tanksley amendment was adopted.

Senator Egan of the 40th offered the following amendment:

Amend HB 1312 by striking lines 23 through 30 on page 2.

Senator Egan of the 40th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush N Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson N James Y Johnson,E Y Kemp Y Ladd Y Lamutt N Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N N Thomas,R Y Thompson N Walker N Williams

On the passage of the bill, the yeas were 48, nays 6.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1376. By Representatives West of the 101st and Stallings of the 100th:

A bill to be entitled an Act to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, so as to provide that the rules and regulations of the Environmental Protection Division applicable to accreditation of commercial analytical laboratories submitting regulatory data shall become effective on or after July 1, 2001; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Madden of the 47th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen

Y Hamrick Y Harbison Y Hecht

Y Price,R Y Price,T Y Ragan

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Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Ray Scott
Y Smith Starr (PRS)
Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

HB 517. By Representative Twiggs of the 8th:

A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor, so as to enact the Ski Area Safety Act; to provide a short title; to define certain terms; to create the Advisory Board on Ski Area Safety; and for other purposes.

Senate Sponsor: Senator Jackson of the 50th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

N Price,R N Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 51, nays 2.

Monday, March 20, 2000

2023

The bill, having received the requisite constitutional majority, was passed.
HB 1391. By Representatives Birdsong of the 123rd, Smith of the 109th, Murphy of the 18th and others:
A bill to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the definition of the term "employee"; to provide that a member of the State Defense Force serving on state active duty in certain circumstances is an employee; to change the definition of the term "injury"; to provide that an injury arising in the course of employment includes any injury incurred by a member of the Georgia National Guard or State Defense Force while serving on state active duty or when traveling to and from state active duty; to provide a method for computing the average weekly wage of a member of the State Defense Force serving on state active duty; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Harbison of the 15th.
The following Fiscal Note, as required by law, was read by the Secretary:
Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400
February 16, 2000
The Honorable Ken Birdsong, Chairman House Defense & Veterans Affairs Committee State Capitol, Room 228 Atlanta, Georgia 30334
SUBJECT: Fiscal Note House Bill 1391 (LC 10 3085)
Dear Chairman Birdsong:
This bill would provide that members of the State Defense Force serving on active duty pursuant to an order by the Governor would be considered employees of the State for the purposes of workers' compensation insurance coverage. In addition, injuries incurred by members of both the State Defense Force and the Georgia National Guard while traveling to and from state active duty would be covered under the State's workers' compensation insurance.
The fiscal impact of this bill on the State would be minimal. According to the Department of Defense, the State Defense Force was called into state active duty on two occasions for a total of 272 person-hours during calendar year 1999. Based on its experience providing workers' compensation coverage to members of the Georgia National Guard, the Risk Management Section of the Department of Administrative Services believes that the State has only a limited risk in providing workers' compensation insurance coverage for the members of the State Defense Force during state active duty. In addition, according to DOAS Risk Management, coverage for injuries incurred by members of either the State Defense Force or the Georgia National Guard while traveling to and from state active duty would have no significant impact on State expenditures.
It should be noted that no other State employees are covered by the State's workers' compensation insurance when traveling to or from work.
Sincerely,
/s/ Russell W. Hinton State Auditor

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JOURNAL OF THE SENATE

/s/ Bill Tomlinson, Director Office of Planning and Budget

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun
Brown Y Brush Y Burton N Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue
Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 49, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following communication was received by the Secretary:

It was my intent to vote YES on HB 1391.

/s/ Senator Butler

HB 1392. By Representatives Jenkins of the 110th, Twiggs of the 8th and Day of the 153rd:

A bill to be entitled an Act to amend Code Section 16-11-181 of the Official Code of Georgia Annotated, relating to inapplicability of state Brady law regulations to certain firearms and persons, so as to eliminate an exemption from backgrounds checks for certain peace officers; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Brush of the 24th.

Senator Brush of the 24th offered the following amendment:

Amend HB 1392 by inserting "to provide an effective date;" after "officers;" on line 5 of page 1.

By inserting before Section 2 a new Section 1B to read as follows:

"SECTION 1B.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

Monday, March 20, 2000

2025

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean N Egan N Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp Y Ladd N Lamutt Y Land Y Lee Y M V Bremen N Madden Y Marable N Perdue Y Polak

Y Price,R N Price,T Y Ragan N Ray
Scott Y Smith
Starr (PRS) N Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 40, nays 12.

The bill, having received the requisite constitutional majority, was passed as amended. HB 1285. By Representatives Irvin of the 45th, Ehrhart of the 36th, Graves of the 125th and others:

A bill to be entitled an Act to amend Chapter 24 of Title 45 of the Official Code of Georgia Annotated, the "Governmental Reorganization and Termination from Employment Reform Act of 1997," so as to provide for the appointment of a taxpayers' pension advocate; to provide that such advocate's duties shall be to raise all possible factual and legal objections to the separation of the employee and the granting of involuntary separation benefits to such person; to provide for procedures; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Ladd of the 41st.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes

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JOURNAL OF THE SENATE

Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Kemp Y Ladd Y Lamutt Y Land N Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 2.

The bill, having received the requisite constitutional majority, was passed.

HB 1311. By Representatives Jenkins of the 110th, Twiggs of the 8th and Day of the 153rd:

A bill to be entitled an Act to amend Article 2 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to the organization and administration of the Georgia Emergency Management Agency, so as to provide for the licensing of nongovernmental search and rescue dog teams; to prohibit the performance of any rescue or emergency management activity by such nongovernmental search and rescue dog teams unless licensed; to provide for a registry of governmental and nongovernmental search and rescue dog teams; to require certain information to be provided to the Georgia Emergency Management Agency; to authorize the director of emergency management to provide for training and licensing standards by rules and regulations; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Huggins of the 53rd.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun
Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T
Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Monday, March 20, 2000

2027

HB 1457. By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to repeal provisions relating to the exemption from state income taxation of benefits received from public retirement systems; to amend provisions relative to the investment authority of public retirement systems to make such authority conform to Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law"; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Cheeks of the 23rd.

The following Fiscal Note, as required by law, was read by the Secretary:

Department of Audits and Accounts 254 Washington Street, S.W., Suite 214
Atlanta, Georgia 30334-8400

March 2, 2000

The Honorable Bill Cummings, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334

Dear Chairman Cummings:

SUBJECT:

State Auditor's Certification House Bill 1457 (LC 21 5802) Substitute (LC 21 5943S)

This substitute bill would repeal provisions relating to the exemption from state income taxation of benefits received from public retirement systems. The bill would require certain employees of the proposed Department of Motor Vehicle Safety who are members of the Employees Retirement System to be required to retire upon achieving a certain age. This bill would authorize these same individuals to become members of the Peace Officers' Annuity and Benefit Fund.

This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law.

Sincerely,

/s/ Russell W. Hinton State Auditor

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks

Y Price,R Y Price,T Y Ragan
Ray Y Scott

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Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Smith Starr (PRS)
Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed. HB 1291. By Representatives Bunn of the 74th and O'Neal of the 75th:

A bill to be entitled an Act to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; to provide for additional requirements and limitations with respect thereto; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Guhl of the 45th.

Senators Balfour of the 9th and Hill of the 4th offered the following amendment:

Amend HB 1291 by striking "to provide an effective date;" on line 11 of page 1 and inserting in its place the following:

"to change the maximum period of occupancy with respect to which such taxes may be imposed; to provide for exemptions; to provide for effective dates and for applicability;".

By striking lines 8 through 27 of page 3 and inserting in their place the following:

"(C)(i) The tax authorized by this Code section shall not apply to charges made for any rooms, lodgings, or accommodations provided to any persons who certify that they are staying in such room, lodging, or accommodation as a result of the destruction of their home or residence by fire or other casualty.

(ii) The tax authorized by this Code section shall apply to the fees or charges for any rooms, lodgings, or accommodations during the first ten 20 days of continuous occupancy and shall not apply to charges imposed for any continuous occupancy thereafter.

(iii) The tax authorized by this Code section shall not apply to charges made for the use of meeting rooms and other such facilities or to any rooms, lodgings, or accommodations provided without charge.

(iv) The tax authorized by this Code section shall not apply to the charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for:

(I) For use by Georgia state or local governmental officials or employees when traveling on official business; or

Monday, March 20, 2000

2029

(II) On behalf of any bona fide charitable organization recognized under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, for the purpose of providing such rooms, lodgings, or accommodations to the homeless or to battered women."

By striking lines 42 and 43 of page 7 and inserting in their place the following:

"(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) Subparagraph (a)(1)(C) of Code Section 48-13-51, as amended by Section 1 of this Act, shall become effective July 1, 2000, and shall apply with respect to periods of continuous occupancy of rooms, lodgings, and accommodations commencing on or after that effective date."

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour Y Blitch N Bowen Y Broun N Brown N Brush N Burton N Butler N Cable
Cagle Cheeks N Crotts N Dean N Egan N Fort N Gillis N Gingrey N Golden N Guhl

N Hamrick N Harbison N Hecht Y Hill
Hooks N Huggins N Jackson N James Y Johnson,E N Kemp N Ladd N Lamutt N Land N Lee Y M V Bremen N Madden N Marable N Perdue Y Polak

N Price,R N Price,T N Ragan
Ray Y Scott N Smith
Starr (PRS) N Stephens N Stokes N Streat N Tanksley N Tate N Thomas,D N Thomas,N Y Thomas,R N Thompson
Walker N Williams

On the adoption of the amendment, the yeas were 9, nays 41, and the amendment was lost.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan

N Hamrick Y Harbison
Hecht Y Hill
Hooks Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat N Tanksley Y Tate Y Thomas,D Y Thomas,N

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JOURNAL OF THE SENATE

Y Fort Gillis Gingrey
Y Golden Y Guhl

Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 47, nays 2.

The bill, having received the requisite constitutional majority, was passed. The President resumed the Chair.

HB 1229. By Representatives Coleman of the 142nd, Dixon of the 168th, Twiggs of the 8th and Epps of the 131st:

A bill to be entitled an Act to amend Article 7 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to the sale or distribution to, or possession by, minors of cigarettes and tobacco related objects, so as to provide for enforcement of such provisions by special agents or enforcement officers of the state revenue commissioner; to provide for powers, duties, and authority of the state revenue commissioner and such special agents or enforcement officers in connection therewith; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Harbison of the 15th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill
Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable
Perdue Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 50, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Monday, March 20, 2000

2031

HB 1348. By Representatives Smith of the 169th, Benefield of the 96th, Coleman of the 142nd and others:
A bill to be entitled an Act to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to establish a comprehensive, coordinated, and prioritized system of railway passenger service routes for, within, and throughout this state and to nearby states for purposes of state planning and development and commencement of service; to provide legislative findings and declarations; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Streat of the 19th.
The Senate Transportation Committee offered the following substitute to HB 1348:
A BILL
To be entitled an Act to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to establish a comprehensive and coordinated system of railway passenger service corridors for, within, and throughout this state and to nearby states for purposes of state planning and development of service; to provide legislative findings and declarations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds and declares as follows:
(1) The establishment of railway passenger service to the general public and connecting points within and throughout this state and to nearby states will develop and promote, for the public good and general welfare of this state, trade, commerce, tourism, industry, and employment opportunities while alleviating highway traffic congestion and related air pollution.
(2) Any implementation of such railway passenger service which meets the needs and promotes the general welfare of this state as a whole while making the best and most efficient use of resources requires a system of railway passenger service corridors which is comprehensive and coordinated for purposes of state planning and development of service.
(3) It is therefore in the public interest and is vital to the public welfare of the people of Georgia, and it is declared to be the public purpose of this Act, to establish such a system of railway passenger service corridors provided by Code Section 46-9-290 as enacted by this Act.
SECTION 2.
Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, is amended by adding a new Article 9A to read as follows:
"ARTICLE 9A
46-9-290.
For purposes of state planning and development of service there is created a comprehensive and coordinated statewide system of railway passenger service corridors for providing railway passenger service to the general public and connecting points within and throughout this state and to nearby states, which shall be known as the Designated Georgia Rail Passenger Corridors and shall include the following:
(1) Atlanta-Athens;

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JOURNAL OF THE SENATE

(2) Atlanta-Hartsfield International Airport-Macon;
(3) Macon-Jesup-Brunswick;
(4) Macon-Americus-Albany;
(5) Macon-Houston County-Valdosta;
(6) Macon-Douglas-Waycross-Jacksonville, Florida;
(7) Macon-Savannah;
(8) Atlanta-Columbus;
(9) Atlanta-Augusta;
(10) Atlanta-Gainesville;
(11) Atlanta-Bremen;
(12) Atlanta-Canton;
(13) Atlanta-Cartersville;
(14) Jesup-Waycross-Jacksonville, Florida;
(15) Gainesville-Greenville, South Carolina;
(16) Albany-Tallahassee, Florida;
(17) Bremen-Birmingham, Alabama; and
(18) Atlanta-Chattanooga, Tennessee.
Nothing in this Code section shall preclude or delay state involvement in the planning and development of high speed rail for the Atlanta to Chattanooga, Tennessee, railway passenger service corridor, should federal or private funds be made available for such high speed rail.
For the purposes of this provision, 'high speed rail' is defined as involving trains traveling at maximum speeds in excess of 110 miles per hour.
46-9-291.
(a) Any and all railway passenger service plans or programs of any and all state departments, agencies, boards, bureaus, commissions, or authorities having responsibility for the same shall be conducted and coordinated so as to conform planning and development of service to the railway passenger service corridors of the program provided by this article. It is the intent of the General Assembly that planning and development of railway passenger service shall include every metropolitan statistical area of the state to the extent that revenues of the state for such planning or development are made available from either dedicated revenue sources or the general fund.
(b) Any state department, agency, board, bureau, commission, or authority having responsibility for any railway passenger service planning or programming may recommend any additional railway passenger service corridor or corridors to the General Assembly for inclusion in the Designated Georgia Rail Passenger Corridors after completion of a feasibility study for such proposed additional railway passenger service corridor or corridors, but no additional railway passenger service corridor shall be studied for inclusion unless federal or state funding is made

Monday, March 20, 2000

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available for such study. No railway passenger service corridor shall be a part of the Designated Georgia Rail Passenger Corridors unless and until it is included in the list provided by Code Section 46-9-290."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 43, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen N Broun Y Brown N Brush N Burton Y Butler N Cable Y Cagle Y Cheeks
Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the passage of the bill, the yeas were 38, nays 17.

The bill, having received the requisite constitutional majority, was passed by substitute.

HR 956. By Representative Mueller of the 152nd:

A resolution authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Egan of the 40th.

The Senate Finance and Public Utilities Committee offered the following substitute to HR 956:

A RESOLUTION

Authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; authorizing the conveyance of certain state owned property located in Fulton County, Georgia; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Chatham County, Georgia;
(2) Said real property is all that tract or parcel of land, lying and being in Brennan Ward in the City of Savannah, Chatham County, and containing approximately 12.26 acres as shown on a Conceptual Site Plan dated September 1, 1998, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said improved property is under the custody of the Department of Human Resources and is leased to Goodwill Industries of the Coastal Empire, Inc.;
(4) Goodwill Industries of the Coastal Empire, Inc., is desirous of acquiring the subject property in order to make certain significant capital improvements; and
(5) The Department of Human Resources has no objections to the conveyance of the subject property; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Fulton County, Georgia;
(2) Said real property is all that tract or parcel of land lying and being in Land Lots 57 and 58 of the 14th District of Fulton County and containing approximately 115 acres as shown marked in orange on those certain Fulton County tax plats 57-14FF and 58-14FF and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is in the custody of the Department of Juvenile Justice and is known as the Lorenzo Benn Youth Development Campus;
(4) The Department of Juvenile Justice is consolidating certain of its activities and functions in order to more efficiently carry out its duties and responsibilities; and
(5) The Department of Juvenile Justice has determined that it is in the best interest of the State of Georgia that the above-mentioned facility be closed and the above-described property declared surplus.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION 1.
That the State of Georgia is the owner of the above-described real property located in Chatham County and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the above-described real property located in Chatham County may be conveyed by appropriate instrument to Goodwill Industries of the Coastal Empire, Inc., by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value of the property as unimproved; provided, however, that if Goodwill Industries of the Coastal Empire, Inc., should determine the need to convey the above-described property to another entity within a period of two years from the state's deed of conveyance, Goodwill Industries of the Coastal Empire, Inc., must first offer to convey the above-described property back to the state for a consideration equal to the amount Goodwill Industries of the Coastal Empire, Inc., paid originally for the property from the state

Monday, March 20, 2000

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and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 3.
That the authorization in this resolution to convey the above-described property to Goodwill Industries of the Coastal Empire, Inc., shall expire three years after the date that this resolution becomes effective.
SECTION 4.
That the State Properties Commission is authorized and empowered 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 Chatham County, and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II
SECTION 6.
That the State of Georgia is the owner of the above-described real property located in Fulton County and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 7.
That all or a portion of the above-described real property located in Fulton County may be sold by competitive bid for a consideration of the fair market value of such property as determined to be in the best interest of the State of Georgia by the State Properties Commission; provided, however, that all or a portion of the above-described real property may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value, as determined to be in the best interest of the State of Georgia by the State Properties Commission, without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 8.
That responsibility for the maintenance, upkeep, and security of the above-described Lorenzo Benn Youth Development Campus shall remain with the Department of Juvenile Justice until the property is either transferred to another state agency or conveyed to a public or private entity.
SECTION 9.
That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.
SECTION 10.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 11.

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That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fulton County, and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE III

SECTION 12.

That all laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, the yeas were 46, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson N James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr
Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the adoption of the resolution, the yeas were 52, nays 1.

The resolution, having received the requisite constitutional majority, was adopted by substitute. HR 851. By Representatives Orrock of the 56th, Sinkfield of the 57th and Trense of the 44th:

A resolution listing the goals and outcome measures for state policy on childhood care and education and urging state agencies to comply; and for other purposes.

Senate Sponsor: Senator Tate of the 38th.

Senator Tate of the 38th moved that HR 851 be dropped to the foot of the Calendar. Senator Walker of the 22nd moved that HR 851 be placed on the Table.

On the motion to Table HR 851, which takes precedence, the President ordered a roll call, and the vote was as follows:

N Balfour Y Blitch Y Bowen

N Hamrick Y Harbison Y Hecht

N Price,R N Price,T Y Ragan

Monday, March 20, 2000

2037

Y Broun Y Brown
Brush N Burton Y Butler
Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt N Land N Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

N Ray N Scott Y Smith Y Starr N Stephens Y Stokes Y Streat N Tanksley Y Tate N Thomas,D N Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the motion, the yeas were 31, nays 23; the motion prevailed, and HR 851 was placed on the Table.
HB 542. By Representatives Heard of the 89th, Hugley of the 133rd, Taylor of the 134th and others:
A bill to amend Code Section 10-5B-4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities with respect to telemarketing, so as to make it unlawful for certain persons who make telephone offers to sell or telephone sales in this state to fail to state clearly the name and telephone number of the business initiating the call within the first 25 seconds of the call and at the conclusion of the call; and for other purposes.
Senate Sponsor: Senator Madden of the 47th.
The Senate Veterans and Consumer Affairs Committee offered the following amendment:
Amend HB 542 by striking lines 6 through 8 on page 1 and inserting in lieu thereof the following:
"state to fail to promptly state clearly the name of the business on whose behalf the call is being made before any sales solicitation can begin and provide a telephone number or address at which the business can be contacted; to".
By striking lines 30 through 33 on page 1 and inserting in lieu thereof the following:
"(1) To fail to identify promptly state clearly the name of the business initiating the call on whose behalf the call is being made before any sales solicitation can begin and provide a telephone number or address at which the business can be contacted;".
Senator Crotts of the 17th offered the following amendment:
Amend the committee amendment (AM 10 0814) to HB 542 by amending on page 1, line 16 after the word contacted strike semicolon, quotations marks, and period and add the following:
and shall not by electronics block their name and phone number from being identified by caller ID".
On the adoption of the amendment, the yeas were 49, nays 0, and the Crotts amendment was adopted.
On the adoption of the committee amendment, the yeas were 42, nays 0, and the committee amendment was adopted as amended.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

2038

JOURNAL OF THE SENATE

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan N Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended. HB 1256. By Representatives Stallings of the 100th and West of the 101st:

A bill to be entitled an Act to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change provisions relating to the ability of visually or physically disabled persons and deaf persons to use guide or service dogs; to expand places where guide or service dogs and guide or service dogs in training are permitted; to enhance penalties for denial of access; to reorganize the chapter for consistency and coherence; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Tate of the 38th.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen
Broun Y Brown N Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D

Monday, March 20, 2000

2039

Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed.

HB 1206. By Representatives Scheid of the 17th, Stuckey of the 67th, Squires of the 78th and Crawford of the 129th:

A bill to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide training requirements for clerks of the juvenile courts; to provide for clerks pro tempore; to provide for certificates and expenses; to provide for exceptions; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Jackson of the 50th.

The Senate Judiciary Committee offered the following amendment:

Amend HB 1206 by striking "15-11-9.1" from line 12 of page 1 and inserting in lieu thereof "15-11-24.3".

By striking "15-11-9.2." from line 14 of page 1 and inserting in lieu thereof "15-11-25."

On the adoption of the amendment, the yeas were 48, nays 0, and the amendment was adopted.

Senators James of the 35th, Fort of the 39th, and Tate of the 38th offered the following amendment:
Amend HB 1206 by inserting on line 6 of page 1 immediately following the word and symbol "exceptions;" the following:
"to amend Chapter 10 of said title, relating to magistrate courts, so as to create local code enforcement boards;".

By redesignating Section 2 as Section 3.

By inserting between lines 17 and 18 of page 2 the following:

"SECTION 2.

Chapter 10 of said title, relating to magistrate courts, is amended by adding at the end thereof a new Article 13 to read as follows:

'ARTICLE 13

15-10-300.
Counties and municipalities may create code enforcement boards to assist magistrate courts in the performance of their duties.'"

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

2040

JOURNAL OF THE SENATE

N Balfour Y Blitch Y Bowen N Broun Y Brown N Brush Y Burton Y Butler N Cable N Cagle
Cheeks N Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey
Golden N Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp Y Ladd N Lamutt
Land Y Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

N Price,R Y Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes
Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the amendment, the yeas were 38, nays 13, and the James, et al. amendment to HB 1206 was adopted.

The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt
Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan N Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 53, nays 2.

The bill, having received the requisite constitutional majority, was passed as amended.

HB 1296. By Representatives Jamieson of the 22nd, Royal of the 164th and Skipper of the 137th:

A bill to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for additional grounds

Monday, March 20, 2000

2041

for removal of members of county boards of tax assessors; to provide for performance review of such boards; to provide for selection, qualification, powers, and duties of members of performance review boards; to provide for powers, duties, and authority of the state revenue commissioner; to authorize county governing authorities to provide that staff and employees of county boards of tax assessors shall be positions of employment covered by the county civil service system; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Johnson of the 1st.
The Senate Finance and Public Utilities Committee offered the following substitute to HB 1296:
A BILL
To be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to authorize county governing authorities to provide that staff and employees of county boards of tax assessors shall be positions of employment covered by the county civil service system; to provide for additional grounds for removal of members of county boards of tax assessors; to provide for performance review of such boards; to provide for selection, qualification, powers, and duties of members of performance review boards; to provide for reimbursement of expenses; to provide for powers, duties, and authority of the state revenue commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by adding a new subsection at the end of Code Section 48-5-262, relating to composition and duties of county appraisal staff, to be designated subsection (e), to read as follows:
"(e)(1) As used in this subsection, the term 'county civil service system' means any county civil service system, county merit system, county personnel plan or policy, or stated rules of work.
(2) The county governing authority shall be authorized, in its discretion and upon adoption of the appropriate resolution or ordinance, to provide that staff and employees of the county board of tax assessors shall be positions of employment covered by the county civil service system. Following the adoption of such ordinance or resolution, the county board of tax assessors may hire and manage such employees, but only in compliance with the county civil service system. The failure of the county board of tax assessors to comply with the requirements of such system shall be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295."
SECTION 2.
Said part is further amended by striking subsection (b) of Code Section 48-5-295, relating to terms of office, vacancies, and removal of members of county boards of tax assessors, and inserting in its place a new subsection (b) to read as follows:
"(b) A member of the county board of tax assessors may be removed by the county governing authority only for cause shown for the failure to perform the duties or requirements or meet the qualifications imposed upon him such member by law including, but not limited to, the duties, requirements, and qualifications specified pursuant to Code Section 48-5-295.1 and subsection (d) of Code Section 48-5-298. No member of the board who is also employed by the county as a staff appraiser under Code Section 48-5-262 may be removed by the county governing authority during his such member's term of appointment until the member has been afforded an opportunity for a hearing before the judge of the superior court of the county for recommendations by the judge of the superior court to the county governing authority regarding such removal."

2042

JOURNAL OF THE SENATE

SECTION 3.

Said part is further amended by adding a new Code section immediately following Code Section 48-5-295, to be designated Code Section 48-5-295.1, to read as follows:

"48-5-295.1.

(a) The county governing authority may, upon adoption of a resolution, request that a performance review of the county board of tax assessors be conducted. Such resolution shall be transmitted to the commissioner who shall appoint an independent performance review board within 30 days after receiving such resolution. The commissioner shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee of the department and two of whom shall be assessors who are not members of the board under review.

(b) It shall be the duty of a performance review board to make a thorough and complete investigation of the county board of tax assessors with respect to all actions of the county board of tax assessors and appraisal staff regarding the technical competency of appraisal techniques and compliance with state law and regulations. The performance review board shall issue a written report of its findings which shall include such evaluations, judgments, and recommendations as it deems appropriate. The county governing authority shall reimburse the members of the performance review board for reasonable expenses incurred in the performance of their duties, including mileage, meals, lodging, and costs of materials.

(c) The findings of the report of the review board under subsection (b) of this Code section or of any audit performed by the Department of Revenue at the request of the Governor may be grounds for removal of one or more members of the county board of tax assessors pursuant to subsection (b) of Code Section 48-5-295.

(d) The commission shall promulgate such rules and regulations as may be necessary for the administration of this Code section."

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 52, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen
Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land

Y Price,R Y Price,T
Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D

Monday, March 20, 2000

2043

Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 53, nays 0.

The bill, having received the requisite constitutional majority, was passed by substitute.

Senator Walker of the 22nd asked unanimous consent that the following bills and resolution be placed on the Table:

HB 1310, HB 326, HB 446, HR 1011, HB 1354, HB 468, HB 1204, HB 1441 and HB 1365.

The consent was granted, and the bills and resolution were placed on the Table.

Serving as doctor of the day was Dr. David Butler.

Senator Walker of the 22nd moved that the Senate adjourn, pursuant to HR 1427, until 10:00 a.m. Wednesday, March 22; the motion prevailed, and at 11:59 p.m., the President announced the Senate adjourned.

2044

JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Wednesday, March 22, 2000 Fortieth Legislative Day
The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by Senator Starr of the 44th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 426.

By Senators Polak of the 42nd, Stokes of the 43rd, Burton of the 5th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to juries, so as to provide that an expense allowance for grand jurors shall be fixed by the grand jury; to repeal conflicting laws.

SB 342.

By Senators Brush of the 24th, Streat of the 19th, Marable of the 52nd and others:
A bill to be entitled an Act to amend Code Section 40-6-315 of the Official Code of Georgia Annotated, relating to headgear and eye-protective devices for motorcycle riders, so as to provide that certain violations shall not be criminal acts, ordinance violations, or moving traffic violations; to specify a penalty for certain violations; to repeal conflicting laws.

SB 530.

By Senator Thompson of the 33rd:
A bill to be entitled an Act to amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of senatorial districts 33 and 37; to provide for related matters; to provide for an effective date; to repeal conflicting laws.

SB 450.

By Senators Hill of the 4th, Hecht of the 34th, Lee of the 29th and others:
A bill to be entitled an Act to amend Code Section 16-11-106 of the Official Code of Georgia Annotated, relating to possession of a firearm or knife during the commission of or attempt to commit certain crimes, so as provides that it shall be unlawful to possess such firearm or knife while committing or attempting to commit any crime involving the possession, manufacture, delivery, distribution, dispensing, administering, selling, or possession with intent to distribute any controlled substance, marijuana, counterfeit substance, or noncontrolled substance; to provide for related matters; to provide for an effective date; to repeal conflicting laws.

The House has adopted by the requisite constitutional majority the following resolution of the Senate:

Wednesday, March 22, 2000

2045

SR 580.

By Senators Kemp of the 3rd, Starr of the 44th, Johnson of the 1st and others:
A resolution proposing an amendment to the Constitution so as to provide that marine vessels may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes; to authorize the General Assembly to provide by general law for the ad valorem taxation of marine vessels including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and to do so without need for uniformity of taxation with other classes of property or between or within its subclasses; to provide for the submission of this amendment for ratification or rejection.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 1134.

By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:
A bill to amend Code Section 48-7-29.3 of the Official Code of Georgia Annotated, relating to a state income tax credit for certain federal qualified transportation fringe benefits, so as to change certain provisions regarding the amount of such credit.

HB 39.

By Representatives Walker of the 141st, Martin of the 47th, Murphy of the 18th and others:
A bill to amend Code Section 15-21-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide for the exemption from jury duty of any person who is a full-time student at a college, university, vocational school, or other postsecondary school and who requests an exemption; to provide for the exemption from jury duty of any person who is the primary caregiver having active care and custody of a child under two years of age.

HB 1246.

By Representatives Davis of the 132nd, Buck of the 135th, Royal of the 164th and others:
A bill to amend Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, so as to provide for nonapplicability to certain contracts of certain provisions providing for nonapplicability of certain exemptions from local taxes.

HB 708.

By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to commencement of actions and service, so as to authorize waiver of service of a summons; to provide that waiving service does not waive any objection to venue or personal jurisdiction; to provide for a duty to avoid unnecessary costs in serving a summons.

HB 1186.

By Representatives Channell of the 111th, Jamieson of the 22nd, Parrish of the 144th and others:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rooms, lodgings, and accommodations, so as to define certain terms; to provide for procedures relative to such excise taxes; to provide punishments and penalties for certain violations relative to such excise taxes.

2046

JOURNAL OF THE SENATE

HB 656.

By Representatives Bannister of the 77th, Walker of the 141st, Parrish of the 144th and others:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Annotated, relating to authorization and general requirements for transaction of insurance, so as to change certain provisions relating to transaction of insurance by lending institutions and bank holding companies.

HB 1430.

By Representatives Royal of the 164th, Walker of the 141st, Stancil of the 16th and others:
A bill to amend Article 2 of Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to service delivery, so as to change certain provisions regarding approval of local government service delivery strategies; to provide for comprehensive procedures regarding mediation and dispute resolution regarding city and county service delivery strategies.

HB 1450.

By Representative Royal of the 164th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipalities, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts; to amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to change certain provisions authorizing multiyear lease, purchase, or lease purchase contracts.

HB 1447.

By Representatives Martin of the 145th, Jones of the 71st, Williams of the 114th and others:
A bill to amend Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to practice of pharmacy, so as to provide for qualifications for pharmacists authorized to modify drug therapy; to provide for statutory construction; to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for definitions; to provide that physicians may delegate to certain pharmacists the authority to modify drug therapy subject to certain conditions.

HB 1403.

By Representatives Teper of the 61st, Millar of the 59th and Jennings of the 63rd:
A bill to amend Code Section 48-8-104 of the Official Code of Georgia Annotated, relating to administration and disbursement of proceeds of the homestead option sales and use tax, so as to change certain provisions regarding the distribution and expenditure of such proceeds.

HB 865.

By Representatives Mueller of the 152nd, Stephens of the 150th, Day of the 153rd and others:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to change certain provisions relating to when a case may be made and conviction had with respect to the use of speed detection devices; to provide for the use of speed detection devices in historic districts.

HB 1300.

By Representatives Stokes of the 92nd and Martin of the 47th:
A bill to amend Part 2 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged medical information, so as to change the provisions relating to the confidentiality of raw research data.

Wednesday, March 22, 2000

2047

HB 414.

By Representatives Stuckey of the 67th, Walker of the 141st, Bordeaux of the 151st and others:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to provide for notice to temporary guardians of minors upon the application of the natural guardian for dissolution of the temporary guardianship.

The House has agreed to the Senate amendments to the following bills of the House:

HB 520.

By Representatives West of the 101st, Stallings of the 100th, Bridges of the 9th and others:
A bill to amend Code Section 32-6-29 of the Official Code of Georgia Annotated, relating to law enforcement functions of the Department of Transportation, so as to provide that the commissioner shall authorize enforcement officers of the department to make use of drug detection dogs; to provide for enforcement powers of such officers with respect to unlawful drugs and controlled substances.

HB 1422.

By Representatives Sinkfield of the 57th, Smith of the 175th, Turnquest of the 73rd and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for a short title, legislative intent, and definitions; to create the Office of the Child Advocate in the office of the Governor; to provide for administrative assignment; to provide for staff and personnel; to provide for contracts; to provide for duties, rights, and powers; to hold harmless certain persons from certain losses; to amend Code Section 49-5-41 of the Official Code of Georgia Annotated, relating to persons and agencies permitted access to records concerning reports of child abuse, so as to provide for public access to certain child abuse records.

HB 592.

By Representatives Skipper of the 137th and Royal of the 164th:
A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of state sales and use tax, so as to change certain provisions regarding payment of the tax by contractors.

The House has agreed to the Senate amendment to the following resolution of the House:

HR 330.

By Representatives Purcell of the 147th, Walker of the 141st and Skipper of the 137th:
A resolution creating the Joint Study Committee on Art Policies for the Capitol and the Governor's Mansion.

The House has agreed to the Senate substitute to the following resolution of the House:

HR 1051.

By Representatives Mobley of the 69th, McClinton of the 68th, Reed of the 52nd and others: A resolution creating the Joint Study Committee on Urban Road Building Guidelines.

2048

JOURNAL OF THE SENATE

The House has adopted the report of the Committee of Conference on the following bill of the House:

HB 1160.

By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:

A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 2000 and ending June 30, 2001.

The following resolution of the Senate was introduced, read the first time and referred to committee:

SR 800.

By Senator Bowen of the 13th:
A resolution urging the Federal Bureau of Investigation to eliminate the fee requirement associated with background checks of firefighters; and for other purposes.

Referred to the Committee on Public Safety.

The following committee report was read by the Secretary:

Mr. President:

The Committee on State and Local Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:

HB 1695. HB 1703. HB 1724. HB 1719. HB 1725. HB 1726. HB 1728. HB 1729. HB 1732. HB 1738. HB 1741. HB 1006. HB 1737. HB 1585. HB 1627. HB 1652. HB 1683. HB 1716. HB 1744. HB 1745. HB 1747. HB 1752. HB 1628. HB 1421.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass by substitute. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass by substitute.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

Wednesday, March 22, 2000

2049

Senator Brown of the 26th moved that Senator Thomas of the 10th be excused. On the motion, the yeas were 36, nays 0; the motion prevailed, and Senator Thomas was excused.

Senator Brown of the 26th moved that Senator Thomas of the 2nd be excused. On the motion, the yeas were 38, nays 0; the motion prevailed, and Senator Thomas was excused.

The roll was called and the following Senators answered to their names:

Blitch Brown Brush Burton Butler Cable Cagle Cheeks Crotts Dean Fort Gillis Gingrey Golden Hamrick

Harbison Hecht Hill Hooks Huggins Jackson James Johnson,E Kemp Ladd Lamutt Land Lee Madden Marable

M V Bremen Polak Price,R Price,T Ragan Ray Smith Stephens Stokes Streat Tanksley Tate Thomas,D Thompson Williams

Those not answering were:

Balfour Bowen Broun Egan Guhl

Perdue Scott Starr (Presiding) Thomas, N. (excused) Thomas, R. (excused) Walker

The members pledged allegiance to the flag.

Prayer was offered by Matthew Hill, Sergeant at Arms, Georgia State Senate.

Senator Streat of the 19th introduced the doctor of the day, Dr. Louise Goodman of Dodge County, Georgia.

The following resolutions were read and adopted:

SR 799. By Senator Burton of the 5th:

A resolution commending Betty Cochran Ridley; and for other purposes.

SR 801. By Senator Tate of the 38th:

A resolution commending the Reverend Craig L. Oliver; and for other purposes.

SR 802. By Senators Dean of the 31st and Walker of the 22nd:

A resolution commending Mary Ann Draut; and for other purposes.

SR 803. By Senators Ragan of the 11th, Huggins of the 53rd and Cheeks of the 23rd:

A resolution commending the Fairfield Inn; and for other purposes.

2050

JOURNAL OF THE SENATE

SR 804. SR 805.
SR 806. SR 807. SR 808. SR 809. SR 810. SR 811. SR 812. SR 813. SR 814. SR 815. SR 816.

By Senator Hill of the 4th: A resolution commending Bulloch Memorial Hospital; and for other purposes. By Senators Thompson of the 33rd, Tanksley of the 32nd and Gingrey of the 37th: A resolution honoring Cobb Family Resources on the fortieth anniversary of the founding of the organization and proclaiming March 16, 2000, as Cobb Family Resources Day at the state capitol; and for other purposes. By Senator Kemp of the 3rd: A resolution commending Mr. Carl E. Johnson; and for other purposes. By Senator Polak of the 42nd: A resolution commending Regina Tourial; and for other purposes. By Senator Harbison of the 15th: A resolution commending Rojene Bailey; and for other purposes. By Senators Starr of the 44th and Hecht of the 34th: A resolution commending Jim Jenkins; and for other purposes. By Senator James of the 35th: A resolution commending Tracy D. Campbell; and for other purposes. By Senator James of the 35th: A resolution honoring the Reverend Creflo Dollar, Jr.; and for other purposes. By Senator Broun of the 46th: A resolution commending the Athens Area Child Abuse Prevention Council, Inc.; and for other purposes. By Senator James of the 35th: A resolution paying tribute to Deputy Ricky Kinchen and expressing regret at his passing; and for other purposes. By Senator James of the 35th: A resolution paying tribute to Deputy Aldranon English; and for other purposes. By Senators Perdue of the 18th, Land of the 16th, Hill of the 4th and Williams of the 6th: A resolution recognizing and commending Susan Wells Drechsel; and for other purposes. By Senators Hooks of the 14th, Harbison of the 15th, Crotts of the 17th and others: A resolution commending Senator Clay Land; and for other purposes.

Wednesday, March 22, 2000

2051

The following local, uncontested bills, favorably reported by the committee as listed on the Local Consent Calendar, were put upon their passage:

SENATE LOCAL CONSENT CALENDAR

Wednesday, March 22, 2000

Fortieth Legislative Day

(The names listed with each bill are the Senators whose districts are affected by the legislation.)

HB 1695

Jackson of the 50th

UNION COUNTY

A bill to be entitled an Act to provide for an advisory referendum election to be held in Union County for the purpose of determining the form of county government desired by the people of Union County; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.

HB 1703

Hooks of the 14th

PEACH COUNTY

A bill to be entitled an Act to amend an Act providing for the Board of Education of Peach County, approved March 20, 1990 (Ga. L. 1990, p. 4155), so as to change the compensation of board members; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1724

Jackson of the 50th

WHITE COUNTY

A bill to be entitled an Act to amend an Act creating the White County Water and Sewerage Authority, approved March 28, 1984 (Ga. L. 1984, p. 4920), as amended, so as to provide for a change in the membership of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.

HB 1719

Burton of the 5th Ray of the 48th Price of the 56th Ladd of the 41st Balfour of the 9th

GWINNETT COUNTY

A bill to be entitled an Act to repeal a local amendment to Article V, Section IX of the Constitution of the State of Georgia creating the Gwinnett Industrial Building Authority; to provide for a referendum; to provide for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.

2052 HB 1725 HB 1726 HB 1728
HB 1729
HB 1732

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Streat of the 19th
DODGE COUNTY
A bill to be entitled an Act to amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), so as to change the method of appointing members of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes.
Johnson of the 1st Thomas of the 2nd
CITY OF SAVANNAH
A bill to be entitled an Act to amend an Act creating the Chatham-Savannah Authority for the Homeless, approved February 4, 1989 (Ga. L. 1989, p. 4701), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4109), so as to change provisions relating to membership, meetings, and purposes of the authority; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)
Bowen of the 13th
CITY OF REBECCA
A bill to be entitled an Act to provide a new charter for the City of Rebecca; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
Bowen of the 13th
CITY OF WARWICK
A bill to be entitled an Act to provide a new charter for the City of Warwick; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for ordinances and codes; to provide for a mayor and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to repeal conflicting laws; and for other purposes.
Dean of the 31st
CITY OF ROCKMART

HB 1738 HB 1741
HB 1006 HB 1737

Wednesday, March 22, 2000

2053

A bill to be entitled an Act to amend an Act creating a new charter for the City of Rockmart, approved April 8, 1968 (Ga. L. 1968, p. 3224), as amended, so as to change the corporate limits of said city; to provide for a clarification of the effect of such annexation; to provide that such annexation shall not create any unincorporated islands in violation of law; to repeal conflicting laws; and for other purposes.
Brush of the 24th
COLUMBIA COUNTY
A bill to be entitled an Act to amend an Act providing for a supplement to the compensation, expenses, and allowances of the judges of the Superior Court of the Augusta Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 595), as amended by an Act approved March 30, 1987 (Ga. L. 1987, p. 4976), and an Act approved March 30, 1993 (Ga. L. 1993, p. 4457), so as to change the provisions relating to such supplement; to provide an effective date; to repeal conflicting laws; and for other purposes.
Thomas of the 10th James of the 35th Scott of the 36th Tate of the 38th Fort of the 39th Egan of the 40th Polak of the 42nd
CITY OF ATLANTA
A bill to be entitled an Act to provide a homestead exemption from City of Atlanta ad valorem taxes for municipal purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city who are 65 years of age or over whose net income does not exceed $40,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Hecht of the 34th Starr of the 44th
CLAYTON COUNTY
A bill to amend an Act creating the State Court of Clayton County, so as to abolish the office of the deputy clerk of the state court; to provide for the appointment, service, term, discharge, benefits, and compensation of the clerk of the state court rather than the service of the clerk of the superior court as the clerk of the state court; and for other purposes.
Meyer von Bremen of the 12th
BAKER COUNTY
A bill to be entitled an Act to provide that the judge of the Probate Court of Baker County shall also serve as the chief magistrate of the Magistrate Court of Baker County; to provide for the compensation of such judge for service as chief magistrate; to provide

2054 HB 1585 HB 1627
HB 1652 HB 1683 HB 1716

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for the continuation in office and expiration of term of the current chief magistrate; to provide for vacancies; to repeal conflicting laws; and for other purposes.
Gingrey of the 37th Tate of the 38th Tanksley of the 32nd
CITY OF KENNESAW
A bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the provisions relating to the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Walker of the 22nd Cheeks of the 23rd
RICHMOND COUNTY
A bill to be entitled an Act to amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6224), and an Act approved April 16, 1999 (Ga. 1999, p. 4322), so as to remove a provision requiring the election of members of the board of education of Richmond County by majority vote; to repeal conflicting laws; and for other purposes.
Walker of the 22nd Cheeks of the 23rd
RICHMOND COUNTY
A bill to be entitled an Act to amend an Act creating the Civil Court of Richmond County, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, particularly but not exclusively by an Act approved March 21, 1974 (Ga. L. 1974, p. 2410), so as to provide for certain powers and duties of the marshal of said court; to provide for related matters; to repeal conflicting laws; and for other purposes.
Ray of the 48th
CITY OF SUWANEE
A bill to be entitled an Act to amend an Act creating a new charter for the City of Suwanee, approved April 9, 1999 (Ga. L. 1999, p. 3729), so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes.
Thomas of the 10th Polak of the 42nd
CITY OF DECATUR
A bill to be entitled an Act to provide for a homestead exemption from certain City of Decatur ad valorem taxes for municipal purposes in the amount of not less than $2,000.00 and not more than $50,000.00 of the assessed value of that homestead for residents of the City of Decatur with such amount to be determined annually by the

HB 1744 HB 1745 HB 1747 HB 1752 HB 1736

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2055

governing authority of the city; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Streat of the 19th
DODGE COUNTY
A bill to be entitled an Act to provide for the compensation and expenses of the chairperson and members of the Board of Education of Dodge County; to provide an effective date; to repeal conflicting laws; and for other purposes.
Brush of the 24th
LINCOLN COUNTY
A bill to be entitled an Act to provide that the judge of the Probate Court of Lincoln County shall also serve as the chief magistrate of the Magistrate Court of Lincoln County; to provide for the compensation of such judge for service as chief magistrate; to provide for the continuation in office and expiration of term of the current chief magistrate; to provide for vacancies; to repeal conflicting laws; and for other purposes.
Thomas of the 54th
CITY OF COHUTTA
A bill to be entitled an Act to amend an Act creating a new charter for the City of Cohutta, approved April 10, 1969 (Ga. L. 1969, p. 2529), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4190), so as to provide for further annexation and related matters; to repeal conflicting laws; and for other purposes.
Streat of the 19th
TELFAIR COUNTY
A bill to be entitled an Act to provide for a range of compensation for the chairperson and members of the board of commissioners of Telfair County; to provide that the precise amount of such compensation shall be determined by the chairperson of said board; to provide for expenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
Brush of the 24th
COLUMBIA COUNTY
A bill to be entitled an Act to provide for an advisory referendum election to be held in Columbia County for the purpose of determining the form of county government desired by the people of Columbia County; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)

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HB 1628

Cheeks of the 23rd Walker of the 22nd

RICHMOND COUNTY

A bill to be entitled an Act to amend an Act regulating public instruction in the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 17, 1992 (Ga. L. 1992, p. 6349), so as to change the provisions relating to letting contracts and opening bids; to repeal conflicting laws; and for other purposes.

HB 1421

James of the 35th Hecht of the 34th

SOUTH FULTON

A bill to be entitled an Act to create the South Fulton Municipal Regional Water and Sewer Authority; to provide for a short title; to provide for legislative findings and intent; to provide for purposes and objectives; to provide for definitions; to provide for the authority members and their terms, qualifications, alternates, compensation, expenses, and vacancies; to provide for the organization, quorum, votes, bylaws, and meetings of the authority; to provide for the powers, duties, and limitations of the authority; to provide for the sale and transmission of water resources; to provide for the provision of services and facilities; to provide for procurement of goods and services and for contracts; to provide for all related matters; to repeal conflicting laws; and for other purposes. (SUBSTITUTE)

The substitutes to the following bills were read and put upon their adoption:

*HB 1726:

The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1726:

A BILL

To be entitled an Act to amend an Act creating the Chatham-Savannah Authority for the Homeless, approved February 4, 1989 (Ga. L. 1989, p. 4701), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4109), so as to change provisions relating to membership, meetings, and purposes of the authority; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating the Chatham-Savannah Authority for the Homeless, approved February 4, 1989 (Ga. L. 1989, p. 4701), as amended, particularly by an Act approved April 2, 1998 (Ga. L. 1998, p. 4109), is amended by striking Section 5 in its entirety, and inserting in its place the following:

"SECTION 5.

Membership.

(a) The authority shall be composed of 19 21 members as follows:

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2057

(1) Four members appointed by the Board of Commissioners of Chatham County;
(2) Four members appointed by the Mayor and Board of Aldermen of the City of Savannah;
(3) One member appointed by the Housing Authority of the City of Savannah;
(4) One member appointed by the Board of Public Education for the City of Savannah and the County of Chatham;
(5) One member appointed by the Commissioner of Human Resources;
(6) One member appointed by the Commissioner of Labor;
(7) One member appointed by the Commissioner of Community Affairs; and
(8) Six Eight members appointed by a majority vote of the 13 members appointed pursuant to the provisions of paragraphs (1) through (7) of this subsection. At least one of the members appointed under this paragraph shall be a homeless person or a person who has been homeless.
(b) Members shall be appointed to terms of office of three years each and until their respective successors are appointed and qualified; provided, however, that members in office on April 1, 1998, shall serve for the remainder of their then current terms of office. In no event shall a member serve more than two consecutive three-year terms of office.
(c) Except for those members appointed by the Commissioner of Human Resources, the Commissioner of Community Affairs, and the Commissioner of Labor, each member of the authority shall be a resident of or work in Chatham County at the time of appointment and while holding office as a member of the authority. The appointing bodies under paragraphs (1), (2), and (8) of subsection (a) of this section shall invite business, civic, educational, and charitable organizations and institutions, including the Chatham-Savannah Authority for the Homeless, to suggest the names of persons as nominees for appointment to the authority, but such appointing bodies shall not be required to make appointments from such nominees.
(d) Members of the authority shall receive no compensation for serving on the authority but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties.
(e) The authority may by a majority vote of its full membership remove any member of the authority if a member fails to attend the regular meetings of the authority or if a member otherwise fails to carry out the duties and responsibilities required of members of the authority. A vacancy created by the removal of a member as provided in this subsection shall be filled for the unexpired term in the same manner that other vacancies are filled."
SECTION 2.
Said Act is further amended in Section 6 by striking subsection (c) in its entirety and inserting in lieu thereof the following:
"(c) The authority shall meet not less than one time 11 times during each calendar quarter year on the call of the chairman chairperson of the authority. In the absence of the chairman chairperson, the vice-chairman vice chairperson may call a meeting of the authority and preside at meetings thereof. In the absence of the chairman chairperson and vice-chairman vice chairperson, the secretary-treasurer may call a meeting of the authority and preside at meetings thereof. The chairman chairperson or other officer of the authority authorized to call a meeting of the authority shall call such a meeting upon a written request being made by four or more members of the authority."
SECTION 3.
Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof the following:

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"SECTION 7.
Purposes.
The authority is created for the following purposes:
(1) To develop and adopt, and from time to time amend, a comprehensive plan for public and private agencies to deal effectively with the problems of the homeless in the Chatham County-Savannah area;
(2) To coordinate, evaluate, and provide administrative services and assistance in implementing and carrying out the comprehensive plan developed by the authority under paragraph (1) of this section;
(3) To contract with public and private agencies for the purposes of paragraphs (1) and (2) of this section and for such public and private agencies to provide programs and services for the homeless in order to carry out the provisions of the comprehensive plan developed by the authority under paragraph (1) of this section; and
(4) To offer services, including case management, employment training and referral, and other related services, to homeless persons so long as such services do not duplicate services offered and actually supplied by other existing programs and agencies.; and
(5) To provide uniform basic standards and practices for organizations offering services to homeless people through means of a certification process to ensure the integrity and continuity of program delivery."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.
*HB 1736:
Senator Brush of the 24th offered the following substitute to HB 1736:
A BILL
To be entitled an Act to provide for an advisory referendum election to be held in Columbia County for the purpose of determining the form of county government desired by the people of Columbia County; to provide for procedures, requirements, and other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
It is the purpose of this Act to provide for an advisory referendum election to be held in Columbia County to determine the form of county government desired by the people of Columbia County.
SECTION 2.
(a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, it shall be the duty of the election superintendent of Columbia County to issue the call for an advisory referendum election for the purpose of submitting a question to the electors of Columbia County to determine the form of county government preferred by a majority of the electors voting at said election. The election superintendent shall conduct the election on the date of the November, 2000, general election. The election superintendent shall issue the call and conduct that election as provided by general law. 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 Columbia County. The ballot shall have printed thereon the following:

Wednesday, March 22, 2000

2059

"Advisory Referendum Election Question No. 1

'( ) YES ( ) NO

Should the governing authority of Columbia County be changed to include a commission chairperson elected at large by all the voters of Columbia County?'

Question No. 2

If a majority of votes cast on Question No. 1 are in favor of changing the governing authority of Columbia County to include a chairperson elected at large, select the type of board which you favor by placing a check (/) mark or (X) in the appropriate space below. Vote for only one of the options below:

OPTION 1

________

A board of commissioners to be composed of a chairperson to be elected at large and four additional commissioners residing in specified commissioner districts and elected from such districts; or

OPTION 2

________

A board of commissioners to be composed of a chairperson to be elected at large and five additional commissioners residing in specified commissioner districts and elected from such districts."

(b) No voter shall vote for more than one of the options in Question No. 2. All persons desiring to vote for approval of changing the governing authority of Columbia County to include a chairperson elected at large shall vote "Yes" on Question No. 1 and those persons desiring to vote against so changing the governing authority of Columbia County shall vote "No" on Question No. 1. It shall be the duty of the election superintendent of Columbia County to tabulate the results of such election and to certify the results of said election to the Secretary of State and to each member of the General Assembly whose senatorial or representative district lies wholly or partially within Columbia County. The expense of such election shall be borne by Columbia County.

(c) It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Columbia County and is for a public purpose and is an essential governmental function for which public funds may be expended.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

*HB 1421:

The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1421:

A BILL

To be entitled an Act to create the South Fulton Municipal Regional Water and Sewer Authority; to provide for a short title; to provide for legislative findings and intent; to provide for purposes and objectives; to provide for definitions; to provide for the authority members and their terms, qualifications, alternates, compensation, expenses, and vacancies; to provide for the organization, quorum, votes, bylaws, and meetings of the authority; to provide for the powers, duties, and limitations of the authority; to provide for the sale and transmission of water resources; to provide for the provision of services and facilities; to provide for procurement of goods and services and for

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contracts; to require bonds and prohibit certain conflicts of interest; to provide for payments in lieu of certain taxes; to provide for condemnation; to provide for revenue bonds and their terms and form; to provide for negotiability and exemption from taxation of such bonds; to provide for the sale, price, and proceeds of such bonds; to provide for interim receipts, certificates, and temporary bonds; to provide for bond replacement; to provide for bond issuance; to prohibit such bonds from being a debt or pledge of faith and credit; to provide for trust indentures and certain resolutions as security for revenue bonds; to provide for a sinking fund; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for venue and jurisdiction; to provide for bond validation; to provide that certain moneys will be trust funds; to provide for rates, charges, and revenues; to provide for rules and regulations; to provide for financial affairs and for audits and surveys; to provide for exemption from taxation; to provide for supplemental powers and liberal construction; 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. Short title.
This Act shall be known and may be cited as the "South Fulton Municipal Regional Water and Sewer Authority Act."
SECTION 2. Legislative intent.
The General Assembly recognizes, supports, and encourages comprehensive regional planning in anticipation of growth in the utilization of regional water resources. The General Assembly supports the concept that each member city should be free to plan and determine its own growth strategy in the utilization of its share of regional water resources as well as to plan for other infrastructure growth in conjunction with community needs and standards. The General Assembly intends for the authority created by this Act to assist in the planning, implementation, and management on a regional basis of the water resources of its participating members and strongly encourages regional planning for a growth strategy to ensure that water resources will be efficiently and effectively utilized by each of the authority's members.
SECTION 3. South Fulton Municipal Regional Water and
Sewer Authority.
There is created a body corporate and politic, to be known as the South Fulton Municipal Regional Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, bring and defend actions, sue and be sued, implead and be impleaded, and complain and defend in all courts. The authority shall make rules and regulations for its own government and shall have perpetual existence.
SECTION 4. Purpose of the authority.
Without limiting the generality of any provisions of this Act, the general purpose of the authority is declared to be that of acquiring and developing adequate sources of water supply, including, but not limited to, the construction of reservoirs; the treatment of such water, and the transmission of such water within the Chattahoochee River Basin area to the member cities; and the collection and treatment of waste water from the member cities. It is recognized that water resources are finite, and that water conservation shall be encouraged by this authority, the member cities, and all water users within the area. It is a further objective of the authority to fulfill its purposes and perform its projects in an environmentally sensitive manner and to strictly limit interbasin transfers of water.
SECTION 5. Definitions.

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(a) As used in this Act, the term:
(1) "Authority" means the South Fulton Municipal Regional Water and Sewer Authority created by Section 3 of this Act. The authority shall take action through its board.
(2) "Board" means the governing body of the authority created in Section 6 of this Act.
(3) "Cost of the project" means the cost of planning, design, and construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all buildings, machinery and equipment, financing charges, interest prior to and during construction and for one year after completion of construction, the cost of compliance with environmental regulations and environment protection, the cost of engineering, architectural, and legal expenses, the cost of plans and specifications, the cost of water conservation programs and activities, and other costs necessary or incident to determining the feasibility or practicability of any project; administrative costs; and such other costs as may be necessary or incident to the financing authorized in this Act; the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or cost incurred for any part of the cost of the project may be paid or reimbursed as such out of the proceeds of revenue bonds, certificates, or other obligations issued under the provisions of this Act for such project.
(4) "Interbasin transfers" means the delivery by whatever means of any treated or untreated water outside the drainage basins which exist within the boundaries of south Fulton County.
(5) "Member cities" means Palmetto, Union City, and Fairburn, unless the governing authority of any such city has adopted a resolution, at any time, declaring that such city shall not be a member city under this Act. Such withdrawal by any member city from the authority shall not affect any previously incurred obligations with respect to the issuance of or payment of any bonds, certificates, or other obligations of the authority.
(6) "Project" means and includes the planning, design, acquisition, construction, and management of reservoirs, the acquisition of real property surrounding the reservoirs including watershed areas and all necessary and usual water facilities useful for obtaining one or more sources of water supply including ground-water sources; the treatment of water and the transmission and sale of water to member cities for the purpose of resale inside the territorial boundaries of the member cities; water conservation and environmental mitigation; and the management, operation, maintenance, additions, improvements, and extensions of such facilities so as to ensure water utility systems deemed by the authority to be necessary or convenient for the efficient operation of such undertaking. The term "project" shall also include the acquisition of real property for and the planning, design, and construction of wastewater treatment facilities for the purpose of collecting and treating waste water from the member cities; the management, operation, maintenance, additions, improvements, and extensions of such facilities; and all things incident to the foregoing deemed by the authority to be necessary or convenient to ensure adequate waste-water facilities and the efficient operation of such facilities.
(7) "Public authority" means any entity which is created by the laws of this state, which is designated as an authority, and which provides services or facilities to the public.
(8) "Revenue bonds" and "bonds" shall mean revenue bonds, certificates, and other obligations of the authority, as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," as amended, and such type of obligations may be issued by the authority as authorized under said article. In addition, such items shall also mean obligations of the authority the issuance of which is specifically provided for in this Act.
(9) "Site county" shall mean any county within which the authority causes to be located a reservoir or any facility or improvement for which property is acquired, by condemnation or purchase, in fee simple.
(10) "Transmission" means the conveying of raw or treated water from any facility of the authority to any member city for the purposes of resale to end users of such water and does not include conveyance of water to ultimate users.

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(b) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority from such project will be sufficient to pay the costs of operating, maintaining, repairing, improving, and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects.
SECTION 6. Board.
(a) The authority shall be governed by a board which shall exercise all powers and duties of the authority. The board shall manage the operations of the authority and shall perform such other functions that may be provided for or authorized by law.
(b) The board of the authority shall be comprised of the following members having a total of seven votes:
(1) One board member shall be the chief elected official of each member city, unless such official notifies the governing authority of that city that such official does not wish to serve on the board, in which event that governing authority shall appoint one of its members to serve on the board in place of that chief elected official. Each such member shall have one vote.
(2) One board member shall be appointed by the governing authority of each member city. The member appointed pursuant to this paragraph may be an elected official, employee, consultant, or citizen as determined by the governing authority. Each such member shall have one vote.
(3) One board member shall be appointed by a majority vote of the members of the General Assembly whose legislative districts include all or any part of a member city , which member must be a resident of one of the member cities, and who shall have one vote.
Each board member specified in paragraphs (1) and (2) of this section must reside within a member city or have a principal place of business within the boundary of a member city.
(c) The regular terms of elected officials appointed to the board shall be concurrent with their terms of office as board members. The initial and regular term of any person appointed pursuant to paragraph (2) of subsection (b) of this section shall be for one year. The regular terms of the members of the board appointed pursuant to paragraph (3) of subsection (b) of this section shall be for a period of two years. Vacancies on the authority shall be filled in the same manner as the original appointment to the position vacated.
(d) A majority of the total votes of the members of the board shall constitute the quorum necessary for a meeting of the board. It shall require a majority of the quorum present to approve matters coming before the board, except that the following matters shall require a majority of the total votes of the board plus one additional vote: purchases or contracts in excess of an amount established by the board of the authority; authorization for the issuance of bonds; acquisition of property by condemnation; and the employment or removal of the executive director. The board members shall elect a chairperson and vice chairperson from among the members thereof and shall also elect a secretary-treasurer who need not be a member of the board.
(e) The chief elected official who is a member of the board pursuant to paragraph (1) of subsection (b) of this section shall be authorized to designate an alternate. A government authority which appoints one of its elected officials or employees to the board pursuant to paragraph (1) or (2) of subsection (b) of this section shall be authorized to designate another of its members as an alternate. An alternate is authorized to attend meetings of the board when the board member for whom the alternate is designated so requests and is further authorized to vote, on behalf of the board member, on any issue coming before the board at such meetings.
(f) Members of the board shall serve on the board with compensation to be determined by the bylaws enacted by the board and may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties.

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(g) The board is authorized to enact bylaws to govern its meetings, attendance and the removal of members for nonattendance, voting, quorum and voting requirements, and other matters relating to the conduct of its affairs not inconsistent with the provisions of this Act.
(h) The board shall meet on at least a quarterly basis. Notice of regular meetings shall be published at least one week prior to the scheduled date in a newspaper of general circulation within each city.
SECTION 7. Powers.
The authority is authorized to:
(1) Have a seal and alter the seal at pleasure;
(2) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes;
(3) Acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, rights, or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or to dispose of the same in any manner deemed by the board to be to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance;
(4) Appoint, select, and employ an executive director and other officers, agents, and employees, including engineering, architectural, construction, and lake management experts, fiscal agents, attorneys, and other professionals, and fix their respective compensation;
(5) Make contracts and leases and to execute all instruments necessary or convenient to carry out the purposes of this Act, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired, and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to member cities and the South Fulton Municipal Regional Water and Sewer Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing and sale of wholesale water facilities and related services by the authority to member cities or relative to the furnishing of water facilities and services by member cities or individuals to the authority for a term not exceeding 50 years and to enter into contracts, lease agreements, or other undertaking relative to the collection and treatment of waste water, waste-water treatment facilities, and related services by the authority to such member cities or relative to the furnishing of waste-water treatment facilities and services by member cities or individuals to the authority for a term not exceeding 50 years;
(6) Plan, design, construct, erect, acquire, own, lease, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in paragraph (6) of subsection (a) of Section 5 of this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority, from revenues available from contracting for services, or from such proceeds and any grant from the United States of America, the State of Georgia, or any agency or instrumentality thereof;

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(7) Accept loans and grants of money, materials, or property of any kind from the United States of America, the State of Georgia, or any political subdivision, agency, or instrumentality thereof upon such terms and conditions as the United States of America, the State of Georgia, or such political subdivision, agency, or instrumentality may impose;
(8) Borrow money for any of its corporate purposes, to issue revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;
(9) Exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state;
(10) Purchase policies of insurance as may be deemed appropriate for its corporate purposes;
(11) Apply for and accept any and all local, state, or federal permits necessary and convenient for its corporate purposes;
(12) Appoint a technical advisory group or such other committees as circumstances might require; and
(13) Do all things necessary or convenient to carry out the powers expressly given in this Act.
SECTION 8. Limitations of power.
(a) The authority:
(1) Shall not obligate any member city to issue or guarantee revenue bonds, nor shall the authority bind the member city to any capital indebtedness contract until that member city has approved such issuance or guarantee of an indebtedness contract or revenue bonds by official action or vote as may be required by law;
(2) Shall not give preferential rate treatment to any member city and shall maintain uniform rates for comparable service for each member city. This provision shall not impair the ability of member cities to reduce or increase the uniform rate between and among themselves in the event one member provides an enhancement to the water supply, including, but not limited to, treatment or transmission of such water;
(3) Consistent with and subject to all state and federal laws and regulations, shall provide for stream withdrawal rights among member cities prior to the funding of any reservoir project; and
(4) Shall, consistent with and subject to all state and federal laws and regulations, strictly limit interbasin transfers of water and shall provide that except in the event of a bona fide water emergency, any proposed interbasin transfer of water resources shall be offered to all member cities in proportion to their respective rights to the water pursuant to intergovernmental agreements. Upon such an offer, the member cities shall have 90 days to consider said offer and if accepted, and an additional 90 days to commence the acquisition of the water before it may be transferred outside the basin. The sale from one member city to another shall be at the uniform rate established for the sale of water to member cities by the authority. Member cities shall have the right to waive their right of first refusal. Interbasin transfers in a bona fide water emergency shall be allowed provided they are limited to 60 days in any calendar year and are approved by the member cities.
(b) The member cities shall not sell or transmit the water resources of the authority outside of the geographical boundaries of the three member cities. The sale from one member city to another shall be at the uniform rate established for the sale of water to member cities by the authority. The provisions of paragraph (4) of subsection (a) of this section and of this subsection shall not apply to water lines and water customers of the member cities in existence as of the effective date of this Act.
SECTION 9. Services to member cities.

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The authority is authorized to provide water services and facilities, waste-water services and facilities, or both water and waste-water services and facilities to each member city so long as such city remains a member city, in accordance with policies of the authority and agreements among the member cities. Such services and the costs for same shall be delineated in intergovernmental agreements between the authority and member cities.
SECTION 10. Procurement of goods and services.
The authority shall adopt regulations and requirements for the procurement of goods and services as are reasonable and necessary and consistent with requirements of state law.
SECTION 11. Contractors to give bond.
The authority shall adopt regulations and requirements for bonds from contractors who are awarded contracts by the authority as are reasonable and necessary and consistent with requirements of state law.
SECTION 12. Authority members not to be interested in contracts.
The authority is prohibited from entering into a contract for the purchase of goods, property, or services with any individual who serves on the board of the authority or who is that individual's employer, partner, principal, agent, servant, or employee, nor shall the authority enter into any contract in which such individual is financially interested, directly or indirectly. No individual who serves on the board of the authority nor that individual's partner, employer, principal, agent, servant, or employee shall enter into any contract with the authority or sell to the authority any goods, property, or service; provided, however, that this section shall not apply to goods or services purchased from any public utility which is regulated by the Georgia Public Service Commission, nor to goods or services purchased from any county, municipal corporation, public authority, or this state. Any contract made in violation of this section shall be void.
SECTION 13. Revenue bonds.
The authority, or any public authority or body which had or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, is authorized, at one time or from time to time, to provide by resolution for the issuance of revenue bonds of the authority for the purposes of paying all or any part of the cost of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund provided in Section 25 of this Act for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates, shall be payable, shall mature at such time or times not exceeding 50 years from their date or dates, shall be payable in such medium of payment as to both principal and interest, and may be made redeemable before maturity, at such price or prices and under such terms and conditions as may be determined by the authority in the resolution providing for the issuance of the bonds.
SECTION 14. Revenue bonds; form; denominations;
registration; place of payment.
The authority shall determine the form of the bonds and shall fix the interest rates, denomination or denominations of the bonds, and the place or places of payment of principal and interest thereof, which may be at any bank or trust company inside or outside the state. The bonds may be issued in bearer or registered form, or both, as the authority may determine, and provision may be made for the registration of any bond as to principal alone or also as to both the principal and interest.
SECTION 15. Revenue bonds; signatures; seal.

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In case any officer whose signature or facsimile signature shall appear on any bonds or on any coupons shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the chairperson of the board and the official seal of the authority shall be fixed thereto or imprinted thereon and attested by the secretary of the board, and any coupons attached thereto shall bear the signature or facsimile signature of the chairperson of the board. Any coupon may bear the facsimile signature of such person and any bond may be signed, sealed, and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
SECTION 16. Revenue bonds; negotiability;
exemption from taxation.
All revenue bonds issued under this Act shall have and are declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. Such bonds and the income thereof shall be exempt from all taxation within this state.
SECTION 17. Revenue bonds; sale; price.
The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at a greater rate than the interest allowed by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law," computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity.
SECTION 18. Revenue bonds; proceeds of bonds.
The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, additional bonds may be issued in like manner to provide the amount of such deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be of the same fund without preference or priority of the bonds first issued for the same purpose.
SECTION 19. Revenue bonds; interest receipts and certificates or temporary bonds.
Prior to the preparation of definitive bonds, the authority may issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issue of the latter.
SECTION 20. Revenue bonds; replacement of lost or mutilated bonds.
The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
SECTION 21. Revenue bonds; conditions precedent to
issuance; object of issuance.

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Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority by its board members at any meeting where a quorum is present and voting requirements are met.
SECTION 22. Revenue bonds; credit not pledged.
Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of this state, any county or municipality thereof, or any public authority except the authority created by this Act, nor shall such bonds be deemed a pledge of the faith and credit of this state, any county or municipality thereof, or any public authority except the authority created by this Act, but such bonds shall be payable solely from the fund provided for in this Act; and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate this state, or any county or municipality thereof, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment of such bonds; and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section.
SECTION 23. Revenue bonds; trust indenture as security.
In the discretion of the authority, any issue of such revenue bonds may be secured by a resolution or a trust indenture by and between the authority and a corporate trustee, which may be any foreign or domestic trust company or bank having the powers of a trust company. Such resolution or trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the authority. Either the resolution providing for the issuance of revenue bonds or such 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 the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys and may also provide that any project shall be constructed and paid for under the supervision and approval of registered professional consulting engineers of the State of Georgia or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. 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 indemnifying bonds or pledge such securities as may be required by the board. Such resolution or trust indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in resolution or trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such resolution or trust indenture may contain such other provisions as the board may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such resolution or trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture.
SECTION 24. Revenue bonds; to whom proceeds of bonds shall be paid.
In the resolution providing for the issuance of revenue bonds or in the trust indenture, the authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee, custodian, or depository of such funds and shall hold and apply the same to the purposes of which such bonds were issued, subject to such regulations as this Act and such resolution or trust indenture may provide.
SECTION 25. Revenue bonds; sinking fund.

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The revenues, fees, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide; and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund, which sinking fund shall be pledged to and charged with the payments of:
(1) The interest upon such revenue bonds as such interest shall fall due;
(2) The principal of the bonds as the same shall fall due;
(3) The necessary charges of paying agents for paying principal and interest; and
(4) Any premium upon bonds retired by call or purchase as provided in this Act.
The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, except as may otherwise be provided in such resolution or trust indenture. Such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds. Any such bonds so purchased or redeemed shall forthwith be canceled and shall not again be issued.
SECTION 26. Revenue bonds; remedies of bondholders.
Any holder of revenue bonds issued under this Act or any coupons appertaining thereto and the trustee under the trust indenture, if any, except to the extent the rights given in this Act may be restricted by the resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
SECTION 27. Revenue bonds; refunding bonds.
The authority is authorized to provide by resolution of its board for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities, all other details thereof, and the duties of the authority with respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
SECTION 28. Revenue bonds; venue and jurisdiction.
Any action to protect or enforce any rights under this Act or any suit or action against the authority shall be brought in the Superior Court of Fulton County, and any action pertaining to validation of any bonds issued under this Act shall likewise be brought in said court, which shall have exclusive jurisdiction of such actions.
SECTION 29.

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Revenue bonds; validation.
Bonds of the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law." The petition for validation shall also make a party defendant to such action any member city which has contracted with the authority for furnishing or receiving the services and facilities of the water or waste-water systems for which bonds are to be issued and sought to be validated, and such member city shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof be determined, and the contract or contracts adjudicated as security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with any member city contracting with the authority.
SECTION 30. Revenue bonds; interest of bondholders protected.
While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or public authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds.
SECTION 31. Moneys received considered trust funds.
All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.
SECTION 32. Rates, charges, and revenues; use.
The authority is authorized to prescribe, fix and collect rates, fees, or charges and to revise from time to time and collect such rates, fees, or charges for the services, facilities, or commodities furnished and, in anticipation of the collection of the revenues of such undertaking or project, to pay from current revenues and issue revenue bonds as provided in this Act to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of the water or waste-water utility systems and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of such undertakings or projects, including the revenues of improvements, betterments, or extensions subsequently made to the systems.
SECTION 33. Rules and regulations for operation of projects.
It shall be the duty of the board to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water transmission and waste-water services and facilities shall be furnished.
SECTION 34. Financial statements and audit reports.
(a) The authority shall establish a fiscal year, which may be a calendar year, for its operation and, as soon as practicable after the end of each fiscal year, the authority shall cause to be prepared and printed a report and financial statement of the authority's operations for the fiscal year just ended and of its assets and liabilities. A copy of such report shall be sent to the governing authority of each member city and additional copies shall be made available for distribution to the general public on written requests therefor.

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(b) The authority shall appoint in due time each year a firm of independent certified public accountants as auditors who shall examine the books, records, and accounts of the authority for the purpose of auditing and reporting upon its financial statement for such year. The report of such auditors shall be appended to such financial statement.

(c) Whenever the authority deems it necessary or advisable, it shall be authorized to employ a firm or firms of qualified engineers or other such professionals to survey the condition of the authority's facilities and operations from an engineering, operational, or environmental standpoint and to make a report thereof together with its recommendations for improvement in its physical facilities and operating procedures. A copy of such report shall be sent to the governing authority of each member city and additional copies shall be made available for distribution to the general public on written requests therefor.

SECTION 35. Exemption from taxes.

It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act. The authority therefore shall be required to pay no taxes or assessment upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority.

SECTION 36. Powers declared supplemental and additional.

The foregoing sections of this Act shall be deemed to provide an additional and alternative method for doing the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as being in derogation of any powers now existing.

SECTION 37. Liberal construction of Act.

This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof.

SECTION 38. Powers of counties and municipalities.

This Act does not in any way take from member cities or any adjoining county the authority to own, operate, and maintain water or waste-water systems or issue revenue certificates as is provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the "Revenue Bond Law."

SECTION 39. Repealer.

All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows:

Balfour Y Blitch
Bowen

Hamrick Y Harbison Y Hecht

Y Price,R Y Price,T
Ragan

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2071

Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks
Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Ray Scott
Y Smith Starr (PRS)
Y Stephens Y Stokes Y Streat
Tanksley Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the local bills, the yeas were 44, nays 0.

The bills on the Local Consent Calendar, except HB 1726, HB 1736 and HB 1421, having received the requisite constitutional majority, were passed.

HB 1726, HB 1736 and HB 1421, having received the requisite constitutional majority, were passed by substitute.

The following communication was received by the Secretary:

March 22, 2000

I was present and it was my intent to vote 'YES' on the Local Consent Calendar on Wednesday, March 22nd.

/s/ Harold J. Ragan District 11

The President Pro Tempore stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Roy Barnes, in two communications to the Senate dated March 7 and March 15, 2000, which appear in the Journal of March 7 and March 15, 2000, respectively.

Senator Thompson of the 33rd asked unanimous consent that the reading of the appointments be dispensed with since they had been printed and distributed by the Secretary of the Senate to each Senator, and that one roll call suffice on all appointments, unless any Senator designated any appointee to be deleted from the list and voted on individually. The consent was granted.

No Senator requested that any appointee be voted on individually.

On the confirmation of the Governor's appointments, a roll call was taken, and the vote was as follows:

Balfour Y Blitch
Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat

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Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue
Polak

Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the confirmation, the yeas were 48, nays 0, and the Governor's appointees were confirmed.
On the confirmation of the appointees, the following communications were sent by the Secretary to His Excellency, Governor Roy Barnes:

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334

Frank Eldridge, Jr. Secretary of the Senate

(404) 656-5040 Fax 656-5043

March 22, 2000

Honorable Roy E. Barnes Governor State Capitol Atlanta, Georgia 30334

Dear Governor:

Under the rules of the Georgia State Senate governing confirmation of appointments made by you to the Board of Regents of the University System of Georgia , I have the honor to report to you as follows:

Nominations sent to the Senate by you on March 7, 2000, were acted upon by the Georgia State Senate in session on March 22, 2000, with the following results:

The Honorable James D. Yancey of Muscogee County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning June 18, 1999, and ending January 1, 2000, and beginning February 7, 2000, and ending January 1, 2007. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.

The Honorable Connie Cater of Bibb County, the Honorable Joe Frank Harris of Bartow County, the Honorable Martin W. NeSmith of Evans County, and the Honorable Joel Wooten of Muscogee County as members of the Board of Regents of the University System of Georgia for the term of office beginning June 18, 1999, and ending January 1, 2006. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.

The Honorable Thomas F. Allgood, Sr., of Richmond County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning February 7, 2000, and ending January 1, 2007. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.

Sincerely, /s/ Frank Eldridge, Jr. Secretary of the Senate

Wednesday, March 22, 2000

2073

Frank Eldridge, Jr. Secretary of the Senate

Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
March 22, 2000

(404) 656-5040 Fax 656-5043

Honorable Roy E. Barnes Governor State Capitol Atlanta, Georgia 30334
Dear Governor:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on March 15, 2000, were acted upon by the Georgia State Senate in session on March 22, 2000, with the following results:
The Honorable Walter R. Huntley, Jr., of Fulton County, as a member of the Board of Community Affairs for the term of office beginning September 29, 1999, and ending July 1, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Jule W. Felton, Jr., of Fulton County, and the Honorable Napoleon Fielder of Floyd County as members of the Board of Community Affairs for the term of office beginning September 29, 1999, and ending July 1, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Robert C. Sosebee, Sr. of Jackson County, as a member of the Board of Community Affairs for the term of office beginning September 29, 1999, and ending July 1, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Emma R. Gresham of Burke County, the Honorable Richard G. Lane of Coweta County, and the Honorable Dr. D. T. Walton Jr., of Bibb County as members of the Board of Community Affairs for the term of office beginning September 29, 1999, and ending July 1, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Dr. Gary C. Edelman of DeKalb County, the Honorable Dr. Stephanie Kong of Fulton County, and the Honorable Geri P. Thomas of Fulton County as members of the Board of Community Health for the term of office beginning July 9, 1999, and ending July 1, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Carol Fullerton of Dougherty County, the Honorable Damon D. King of Bibb County, and the Honorable Dr. Francis P. Rossiter, Jr., of Chatham County as members of the Board of Community Health for the term of office beginning July 9, 1999, and ending July 1, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Joyce R. Blevins of McDuffie County, the Honorable Lloyd E. Eckberg of Thomas County, and the Honorable Richard L. Holmes of Fulton County as members of the Board of Community Health for the term of office beginning July 9, 1999, and ending July 1, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.

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The Honorable H. Cullen Talton, Jr., of Houston County, as a member of the Board of Corrections for the term of office beginning October 7, 1999, and ending July 1, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable John H. Irby of Fulton County, as a member of the Board of Corrections for the term of office beginning October 7, 1999, and ending July 1, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Robert L. Brown, Jr., of DeKalb County, and the Honorable Bennie Butler-Newroth of Muscogee County as members of the Board of Corrections for the term of office beginning October 7, 1999, and ending July 1, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Kenneth T. Kennedy of Tattnall County, and the Honorable J. Tyson Stephens of Emanuel County as members of the Board of Corrections for the term of office beginning October 7, 1999, and ending July 1, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Debra Adams-Harden of Gwinnett County, as a member of the Board of Cosmetology for the term of office beginning July 14, 1999, and ending May 1, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Charles W. McDougald of Taylor County, as a member of the Board of Cosmetology for the term of office beginning July 14, 1999, and ending July 1, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Pauline B. Cornelius of Bibb County, and the Honorable Ollie Pendley of Douglas County as members of the Board of Cosmetology for the term of office beginning July 14, 1999, and ending May 1, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Deneen M. Pitts of Clayton County, as a member of the Board of Cosmetology for the term of office beginning July 14, 1999, and ending August 9, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Frankie Reeves Luna of Hall County, as a member of the Board of Cosmetology for the term of office beginning July 14, 1999, and ending May 1, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Regina Rainwater of Floyd County, as a member of the Board of Cosmetology for the term of office beginning February 24, 2000, and ending August 9, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Dr. William W. Broadfoot, Jr., of Lowndes County, as a member of the Georgia Board of Dentistry for the term of office beginning January 7, 2000, and ending March 15, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Peggy S. Nielson of Dougherty County, as a member of the State Board of Education for the term of office beginning June 9, 1999, and ending January 1, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Dr. Gloria Bromell-Tinubu of Fulton County, the Honorable Otis A. Brumby, Jr., of Cobb County, and the Honorable Catherine C. Henson of Cobb County as members of the State Board of Education for the term of office beginning June 9, 1999, and ending January 1, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable H. Bruce Jackson of DeKalb County, the Honorable David K. Smith of Gordon County, the Honorable J. T. Williams of Henry County, and the Honorable Dr. Roscoe Williams of Richmond County as

Wednesday, March 22, 2000

2075

members of the State Board of Education for the term of office beginning June 9, 1999, and ending January 1, 2006. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Carol S. Williams of Clarke County, as a member of the State Board of Education for the term of office beginning March 8, 2000, and ending January 1, 2007. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Barbara A. Ward of Fulton County, as a member of the Board of Trustees of the Employees Retirement System of Georgia for the term of office beginning February 17, 2000, and ending June 30, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Paul S. Simon of Richmond County, as a member of the Georgia Golf Hall of Fame Board for the term of office beginning July 7, 1999, and ending November 1, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Catherine P. Slade of Columbia County, as a member of the Health Strategies Council for the term of office beginning February 18, 2000, and ending July 1, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Judy Marx of Fulton County, as a member of the Georgia Commission on the Holocaust for the term of office beginning June 7, 1999, and ending July 1, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Isaac Goodfriend of Fulton County, as a member of the Georgia Commission on the Holocaust for the term of office beginning July 1, 1998, and ending July 1, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable James F. Fleming, Jr. of Gwinnett County, as a member of the Board of Human Resources for the term of office beginning November 16, 1999, and ending April 6, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Dr. Atul Khurana of Bibb County, as a member of the Board of Human Resources for the term of office beginning November 16, 1999, and ending April 6, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable James H. Blanchard of Muscogee County, the Honorable Robert P. Kirby of Richmond County, the Honorable David L. Kolb of Fulton County, and the Honorable Dr. Walter F. Young of Fulton County as members of the Board of Industry, Trade and Tourism for the term of office beginning July 1, 1999, and ending July 1, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable T. Chris Cannon of Dougherty County, the Honorable Gary A. Mastro of Fulton County, the Honorable Howard J. Morrison, Jr., of Chatham County, and the Honorable Carl E. Swearingen of Fulton County as members of the Board of Industry, Trade and Tourism for the term of office beginning July 1, 1999, and ending July 1, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Elizabeth W. Camp of Fulton County, the Honorable H. Allen Franklin of Fulton County, the Honorable Maynard H. Jackson of Fulton County, and the Honorable Raghbir K. Sehgal of Fulton County as members of the Board of Industry, Trade and Tourism for the term of office beginning July 1, 1999, and ending July 1, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Toni Brown of DeKalb County, the Honorable John P. Crecine of Hall County, the Honorable Salvador Diaz-Verson, Jr., of Muscogee County, and the Honorable David J. Lance of Gordon County as members of the Board of Industry, Trade and Tourism for the term of office beginning July 1, 1999, and ending July 1, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.

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The Honorable Charles M. Brewer of Fulton County, the Honorable Pin Pin Chau of Forsyth County, the Honorable J. Carl Jones, Jr., of Pierce County, and the Honorable Richard M. Stormont of DeKalb County as members of the Board of Industry, Trade and Tourism for the term of office beginning July 1, 1999, and ending July 1, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Reverend Gregory A. Sutton of Cobb County, as a member of the Board of Juvenile Justice for the term of office beginning October 28, 1999, and ending July 6, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Anita P. Middleton of Lumpkin County, as a member of the Board of Juvenile Justice for the term of office beginning October 28, 1999, and ending July 6, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Dr. Veronica J. Duncan of Clarke County, as a member of the Board of Juvenile Justice for the term of office beginning October 28, 1999, and ending July 6, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Major General Peter J. Boylan (Retired) of Baldwin County, the Honorable Mary Linda Duncan of Gwinnett County, and the Honorable David C. Evans of White County as members of the Board of Juvenile Justice for the term of office beginning October 28, 1999, and ending July 6, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Dr. Timothy J. Palmer of Emanuel County, and the Honorable Dr. Otis J. Williams, Jr., of Dodge County as members of the State Medical Education Board for the term of office beginning October 7, 1999, and ending April 1, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Dr. Eddie R. Cheeks of Richmond County, the Honorable Dr. Roger E. Hill of Cobb County, and the Honorable Dr. Philip G. Wiltz, Jr., of Fulton County as members of the Composite State Board of Medical Examiners for the term of office beginning August 3, 1999, and ending July 1, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Dr. Carl O. Bedingfield of Laurens County, the Honorable Rhonda Y. Kunes of Tift County, the Honorable Dr. Lynette D. Stewart of Fulton County, and the Honorable Dr. Linda I. Walden of Grady County as members of the Composite State Board of Medical Examiners for the term of office beginning August 3, 1999, and ending July 1, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Dr. William H. Cleveland of Fulton County, the Honorable Dr. Grace V. Davis of Worth County, the Honorable Dr. Irving T. Staley of Cobb County, the Honorable Dr. Elizabeth Tappan of Muscogee County, and the Honorable Dr. William Alan Woolery of Houston County as members of the Composite State Board of Medical Examiners for the term of office beginning August 3, 1999, and ending July 1, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Dr. Roland S. Summers of Chatham County, as a member of the Composite State Board of Medical Examiners for the term of office beginning September 1, 1999, and ending July 1, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Pierre Howard of Fulton County, as a member of the Board of Natural Resources for the term of office beginning August 24, 1999, and ending March 16, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Robert J. Rutland of Newton County, and the Honorable Loyce W. Turner of Lowndes County as members of the Board of Natural Resources for the term of office beginning August 24, 1999, and ending January 1, 2006. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.

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The Honorable Sally S. Bethea of Fulton County, as a member of the Board of Natural Resources for the term of office beginning August 24, 1999, and ending March 16, 2006. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Dr. Eugene P. Walker of Fulton County, as a member of the State Board of Pardons and Paroles for the term of office beginning December 31, 1999, and ending December 31, 2006. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Kent M. Plowman, Jr., of Columbia County, as a member of the State Personnel Board for the term of office beginning October 18, 1999, and ending January 3, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Geri P. Thomas of Fulton County, as a member of the State Personnel Board for the term of office beginning February 16, 2000, and ending January 3, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Marjorie H. Young of Fulton County, as Commissioner of Personnel Administration for the term of office beginning June 15, 1999, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Michael L. McGee of Baldwin County, as a member of the State Board of Pharmacy for the term of office beginning January 19, 2000, and ending November 1, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Roger T. Lane of Hall County, as a member of the State Board of Pharmacy for the term of office beginning January 19, 2000, and ending July 6, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable John T. Sherrer of Cobb County as a member of the State Board of Pharmacy for the term of office beginning January 19, 2000, and ending November 1, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Charles W. Palmer of Fulton County, as a member of the State Board of Pharmacy for the term of office beginning January 19, 2000, and ending November 1, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable D. Wayne Martin of Crisp County, as a member of the Georgia Board for Physician Workforce for the term of office beginning August 20, 1999, and ending October 6, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Carolyn Cribbs of Gwinnett County, and the Honorable Dr. John W. Culbreath of Dougherty County as members of the Professional Standards Commission for the term of office beginning August 3, 1999, and ending July 1, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Dr. Surishtha G. Sehgal of Fulton County, and the Honorable Pamela F. Thomas of Gwinnett County as members of the Professional Standards Commission for the term of office beginning August 23, 1999, and ending July 1, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Dr. Oliver Leon Hurley of Fulton County, the Honorable Vernon Payne of Clarke County, and the Honorable David Wallace of Lumpkin County as members of the Professional Standards Commission for the term of office beginning August 23, 1999, and ending July 1, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Jacquelyn H. Barrett of Fulton County, the Honorable Gregory T. Coursey of Burke County, and the Honorable Lydia Jackson Sartain of Hall County as members of the Board of Public Safety for the term of office

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beginning June 18, 1999, and ending January 20, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable David L. Burgess of DeKalb County, as Commissioner of the Georgia Public Service Commission for the term of office beginning April 8, 1999, and serving in accordance with O.C.G.A. 46-2-4. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable U. Bertram Ellis, Jr., of Fulton County, and the Honorable T. Rogers Wade of Fulton County as members of the Georgia Public Telecommunications Commission for the term of office beginning June 2, 1999, and ending June 30, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Richard W. Harrell of Fulton County, and the Honorable Linda J. Jordan of Fulton County as members of the Georgia Public Telecommunications Commission for the term of office beginning June 2, 1999, and ending June 30, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable D. Kimbrough King of Cobb County, as a member of the Georgia Public Telecommunications Commission for the term of office beginning May 26, 1999, and ending June 30, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Kay G. Olin of Fulton County, as a member of the Georgia Public Telecommunications Commission for the term of office beginning June 2, 1999, and ending June 30, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Charles S. Wood of Glynn County, as a member of the Georgia Real Estate Appraisers Board for the term of office beginning December 6, 1999, and ending July 1, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Jerry D. Warshaw of Fulton County, as a member of the Georgia Real Estate Commission for the term of office beginning December 6, 1999, and ending January 26, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Michael F. Adams of Clarke County, as a member of the Board of Control for Southern Regional Education for the term of office beginning September 28, 1999, and ending June 30, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Christopher D. Mangum of Fulton County, the Honorable John O'Shea Sullivan of Fulton County, and the Honorable Dorothy J. Williams of DeKalb County as members of the Board of Directors of the Center for Trade and Technology Transfer for the term of office beginning August 12, 1999, and ending July 1, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Dr. Gloria Hardiman of Fayette County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia for the term of office beginning July 27, 1999, and ending June 30, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Dr. Robert Puckett of Floyd County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia for the term of office beginning July 27, 1999, and ending June 30, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Carolyn Baldwin of Fulton County, and the Honorable Marjorie McLendon of Spalding County as members of the Board of Trustees of the Teachers Retirement System of Georgia for the term of office beginning July 27, 1999, and ending June 30, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Bobby Jean Moore of Gwinnett County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia for the term of office beginning July 27, 1999, and ending April 1, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.

Wednesday, March 22, 2000

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The Honorable Joia M. Johnson of Fulton County, as a member of the State Board of Technical and Adult Education for the term of office beginning February 2, 2000, and ending June 30, 2000. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable James C. Harrington of Forsyth County, the Honorable Donald M. Pope of Bibb County, the Honorable Edgar L. Rhodes of Haralson County, and the Honorable Ben J. Tarbutton, Jr., of Washington County as members of the State Board of Technical and Adult Education for the term of office beginning February 2, 2000, and ending June 30, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Gwendolyn P. Goodman of Chatham County, the Honorable William S. Harris of Sumter County, the Honorable James W. Lord, Jr., of Barrow County, the Honorable John D. Pezold of Muscogee County, the Honorable Daniel B. Rather of Morgan County, and the Honorable Harold R. Reynolds of Greene County as members of the State Board of Technical and Adult Education for the term of office beginning February 2, 2000, and ending June 30, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Walter M. Deriso, Jr., of Dougherty County, the Honorable Shirley C. Franklin of Fulton County, the Honorable Martin Luther King, III of Fulton County, the Honorable John A. Sibley, III of Fulton County, the Honorable Helen P. Tapp of Fulton County, the Honorable Ken F. Thigpen of Paulding County, the Honorable Michael W. Tyler of Fulton County, and the Honorable John A. Williams of Fulton County as members of the Board of Directors of the Georgia Regional Transportation Authority for the term of office beginning June 1, 1999, and ending June 1, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Joel H. Cowan of Fayette County, the Honorable Sharon A. Gay of Fulton County, the Honorable Thomas M. Phillips of Cobb County, the Honorable M. Shailendra of Clayton County, the Honorable James E. Stephenson of Fulton County, and the Honorable Richard L. Tucker of Gwinnett County as members of the Board of Directors of the Georgia Regional Transportation Authority for the term of office beginning June 1, 1999, and ending June 1, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Eric R. Hovdesven of DeKalb County, as a member of the Board of Directors of the Georgia Regional Transportation Authority for the term of office beginning July 12, 1999, and ending June 1, 2004. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable D. Lamar DeLoach of Candler County, the Honorable J. Wayne Dollar of Thomas County, and the Honorable Elizabeth T. Moore of Berrien County as members of the Georgia Tobacco Community Development Board for the term of office beginning August 26, 1999, and ending August 26, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Frank R. Pidcock, IV of Colquitt County, the Honorable Donnie Smith of Atkinson County, and the Honorable Pearlie Toliver of Bibb County as members of the Georgia Tobacco Community Development Board for the term of office beginning August 26, 1999, and ending August 26, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Carolyn C. Hall of DeKalb County, as a member and as chairperson of the State Board of Workers' Compensation for the term of office beginning September 7, 1999, and ending May 1, 2001. The vote on this confirmation was yeas 48, nays 0, and the nominee was confirmed.
The Honorable Howard H. Atkins of Fulton County, the Honorable Kenneth H. Breeden of Fulton County, the Honorable C. Thomas Burbage of Fulton County, the Honorable Tracy D. Campbell of Fulton County, the Honorable Randolph B. Cardoza of Rockdale County, the Honorable Jane F. Cline of Ware County, the Honorable Dean Dryden of Fulton County, the Honorable Doc Eldridge of Clarke County, the Honorable Glenn E. Farner, Jr., of Forsyth County, the Honorable W. Roy Fletcher of Toombs County, the Honorable Ed Graham of Clarke County, the Honorable James H. Green of Dodge County, the Honorable W. Dayton Hedges of Fayette County, the Honorable Jim E. Higdon of Fulton County, the Honorable Audrey Horne of Fulton County, the Honorable Raoul M. Ilaw of Cobb County, the Honorable Mitchell Inman II of Ware County, the Honorable Dr. Lester Jackson of Chatham County, the Honorable Michael Johnson of Muscogee County, the Honorable Gary J. Laden of Fayette

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County, the Honorable Charles G. Larke of Richmond County, the Honorable Liane R. Levetan of Fulton County, the Honorable Robert S. Marlow of Fulton County, the Honorable Annie T. Matthews of Fulton County, the Honorable Albert L. McGee of Crawford County, the Honorable Glenn Newsome of Fulton County, the Honorable Richard L. Oliver of Barrow County, the Honorable Richard N. Orenstein of Fulton County, the Honorable Dr. Anthony O. Parker of Dougherty County, the Honorable Lonnie F. Plott of Gwinnett County, the Honorable Dr. Stephen R. Portch of Fulton County, the Honorable Marion L. Ray of Clayton County, the Honorable Richard A. Ray of Clayton County, the Honorable A. Richard Royal of Fulton County, the Honorable Linda Schrenko of Fulton County, the Honorable Wayne Shackelford of Fulton County, the Honorable Faye Smith of Baldwin County, the Honorable Ola A. Smith of Ware County, the Honorable James K. Stiff of Bibb County, the Honorable Wilbur L. Streat of Coffee County, the Honorable Horacena Tate of Fulton County, the Honorable Pamela Teague of Cobb County, the Honorable James A. Thompson of Toombs County, the Honorable Michael L. Thurmond of Clarke County, the Honorable Aaron M. Turpeau of Fulton County, the Honorable Cathleen J. Vaughn of Muscogee County, the Honorable Charles W. Walker, Jr., of Richmond County, the Honorable Deirdre B. Wallace of Fulton County, the Honorable Melinda L. Wallin of Catoosa County, the Honorable William J. Wetherington of Muscogee County, and the Honorable Grace M. Williams of Gwinnett County as members of the Workforce Investment Board for the term of office beginning December 15, 1999, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Floyd Adams, Jr. of Chatham County, the Honorable Andrew J. Freeman of Cherokee County, the Honorable Leonard S. Golden of Fulton County, the Honorable James O. Hardegree of Oconee County, the Honorable Larry Phillips of Columbia County, and the Honorable Charmaine Ward of Fulton County, as members of the Workforce Investment Board for the term of office beginning February 11, 2000, and serving at the pleasure of the Governor. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable R. Elliott Caudell of Stephens County, the Honorable Lewis J. Cooper of Barrow County, the Honorable David G. Kahn of Chatham County, and the Honorable Yolanda M. Walker of Richmond County as members of the Board of Governors of the Geo. L. Smith II Georgia World Congress Center Authority for the term of office beginning October 26, 1999, and ending July 1, 2002. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.
The Honorable Rubye M. Lucas of Fulton County, and the Honorable Robert S. Prather, Jr., of Fulton County as members of the Board of Governors of the Geo. L. Smith II Georgia World Congress Center Authority for the term of office beginning October 26, 1999, and ending July 1, 2003. The vote on this confirmation was yeas 48, nays 0, and the nominees were confirmed.

Sincerely, /s/ Frank Eldridge, Jr. Secretary of the Senate

The following resolution was taken up to consider House action thereto:
SR 514. By Senator Cheeks of the 23rd:
A resolution authorizing the conveyance of certain state owned real property located in Jefferson County, Georgia; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Jefferson County, Georgia; authorizing the conveyance of certain state owned real properties in Bibb County, Georgia; authorizing the conveyance of certain state owned real property in DeKalb County, Georgia; authorizing the conveyance of certain state owned real

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property located in Hall County, Georgia; to repeal provisions of a certain Act; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Jefferson County, Georgia;
(2) Said real property is all that tract or parcel of land, lying and being in the 82nd Georgia Militia District of Jefferson County and containing approximately 6.077 acres as shown on a plat of survey prepared by Edward G. Andrews dated October 22, 1975, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of Defense and is the location of the National Guard Armory for Jefferson County located in the City of Louisville;
(4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the subject property may be declared surplus;
(5) Said armory facility has been significantly damaged and the value of the property has been diminished; and
(6) Jefferson County is desirous of acquiring the above-described state owned property for public use if the property is declared surplus; and

WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia;
(2) Said real property is all that tract of parcel of land lying and being in the 38th Land Lot of the Macon Reserve East District of Bibb County and containing approximately 5.08 acres and being bounded on the north by Shurling Drive, on the west by Clinton Road, on the south by Boulevard and on the east by Williams Street and property now or formerly owned by Sinclair Refining Company and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of Defense and is the location of the Macon "Russell" National Guard Armory for Bibb County; and
(4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the subject property may be declared surplus; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia;
(2) Said real property is all that tract of parcel of land lying and being in the 33rd Land Lot of the Macon Reserve West District of Bibb County, Georgia, and being bounded on the east by Felton Avenue and on the south by Anthony Road and containing approximately 4.08 acres as described on a drawing entitled "National Guard Property Macon, Bibb County, Georgia Felton Avenue-Anthony Road Armory" adapted from plats by Winchester & Gostin, Land Surveyors #757, Macon, Georgia, dated 6-26-57 and photostat copy of plat of Aliel Park Subdivision plat dated 1-27-1885 and on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of Defense and is the location of the Macon "McKenna" National Guard Armory for Bibb County;

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(4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the subject property may be declared surplus; and
(5) The City of Macon is desirous of acquiring the above-described state owned property for public use if the property is declared surplus; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in DeKalb County, Georgia;
(2) Said real property is all that tract of parcel of land lying and being in the 252nd Land Lot of the 15th Land District of DeKalb County, Georgia as described on a drawing entitled "National Guard Property Atlanta (DeKalb County), Georgia" adapted from a plat of Jaro, Inc. dated June 17, 1960, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody of the Department of defense and is the location of the National Guard Armory for DeKalb County; and
(4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the subject property may be declared surplus; and
WHEREAS:
(1) The State of Georgia is the owner of a certain parcel of real property located in Hall County, Georgia; and
(2) Said real property is all that tract or parcel of land lying and being in the City of Gainesville, Hall County, and containing approximately 4.1 acres as shown on a plat of survey prepared by Farley, Collins and Associates, dated July 30, 1965, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and
(3) Said property is under the custody of the Department of Juvenile Justice and is the location of the Hall County Regional Youth Development Center; and
(4) The Department of Juvenile Justice intends to relocate its activities in Hall County to a new location and once the department has vacated the above-described property, it intends to declare the property surplus to its needs; and
(5) Hall County has agreed to convey to the state the property for the above-mentioned new location for a consideration of $1.00; and
(6) Hall County is desirous of acquiring the above-described property to use for public purposes; and
(7) The Hospital Authority of Hall County and the City of Gainesville, Georgia, conveyed the above-described property to the state on May 19, 1966, for the consideration of $1.00 and the authority has no objection to the abovedescribed state owned property being conveyed to Hall County.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
SECTION 1.

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That the State of Georgia is the owner of the above-described real property located in Jefferson County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2.
That the above-described real property may be conveyed by appropriate instrument to Jefferson County by the State of Georgia, acting by and through the State Properties Commission after the Department of Defense declares the property surplus to its needs and vacates the facilities, for the consideration of $10.00 so long as the property is used for public purposes; provided, however, that if Jefferson County should determine the need to convey all or a portion of the above-described property to a private person, corporation, or private entity, prior to such conveyance, the grantee and terms and conditions of said conveyance must first be approved by the State Properties Commission and all proceeds generated from the conveyance, less direct expenses incurred as a result of the conveyance, shall be remitted to the State Properties Commission and deposited in the treasury of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3.
That the authorization in this resolution to convey the above-described property to Jefferson County shall expire three years after the date that this resolution becomes effective.
SECTION 4.
That the State Properties Commission is authorized and empowered 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 Jefferson County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE II
SECTION 6.
That the State of Georgia is the owner of the above-described real property located in Bibb County and known as the Macon "Russell" National Guard Armory for Bibb County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 7.
That all or a portion of the above-described real property may be sold by the State Properties Commission by competitive bid for a consideration of the fair market value of such property as determined to be in the best interest of the State of Georgia; provided, however, that all or a portion of the above-described real property may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less than the fair market value without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 8.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 9.

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That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 10.
That notwithstanding Code Sections 45-12-92 and 50-16-144 or any other provision of law, the Department of Defense is authorized to retain any proceeds derived from the sale of the property authorized in Section 7 of this article and apply it to the acquisition, construction, and equipping of facilities deemed necessary by the Department of Defense.
ARTICLE III
SECTION 11.
That the State of Georgia is the owner of the above-described real property located in Bibb County and known as the Macon "McKenna" National Guard Armory for Bibb County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 12.
That the above-described real property may be conveyed by appropriate instrument to the City of Macon, Bibb County, by the State of Georgia, acting by and through the State Properties Commission after the Department of Defense declares the property surplus to its needs and vacates the facilities, for the consideration of $10.00 so long as the property is used for public purposes; provided, however, that if the City of Macon, Bibb County should determine the need to convey all or a portion of the above-described property to a private person, corporation, or private entity, prior to such conveyance, the grantee and terms and conditions of said conveyance must first be approved by the State Properties Commission and all proceeds generated from the conveyance, less direct expenses incurred as a result of the conveyance, shall be remitted to the State Properties Commission and deposited in the treasury of the State of Georgia, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 13.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 14.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission.

ARTICLE IV
SECTION 15.
That the State of Georgia is the owner of the above-described real property located in DeKalb County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 16.
That all or a portion of the above-described real property may be sold by competitive bid for a consideration of the fair market value of such property as determined to be in the best interest of the State of Georgia by the State Properties Commission; provided, however, that all or a portion of the above-described real property may be sold to a city, county, school board, or other local public entity, which shall include development authorities, for not less

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than the fair market value without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.
SECTION 17.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 18.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 19.
That notwithstanding Code Sections 45-12-92 and 50-16-144 or any other provision of law, the Department of Defense is authorized to retain any proceeds derived from the sale of the property authorized in Section 16 of this article and apply it to the acquisition, construction, and equipping of facilities deemed necessary by the Department of Defense.
ARTICLE V
SECTION 20.
That the State of Georgia is the owner of the above-described real property and that, in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 21.
That the above-described real property may be conveyed by appropriate instrument to Hall County by the State of Georgia, acting by and through the State Properties Commission after the Department of Juvenile Justice declares the property surplus to its needs and vacates the site, for the consideration of $10.00 so long as the property is used for public purposes and such 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 22.
That if Hall County should convey to a private entity the above-described property, as improved, the county shall remit to the state the consideration of the fair market value of the improvements the state made to the property; provided, however, that should Hall County raze said improvements prior to conveyance to a private entity, the county may retain all proceeds derived from the conveyance.
SECTION 23.
That the authorization in this resolution to convey the above-described property to the Hall County Board of Commissioners shall expire three years after the date that this resolution becomes effective.
SECTION 24.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 25.
That the deed of conveyance shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 26.

That Article 11 of an Act authorizing the conveyance of certain state owned real property located in various areas of the state, approved April 28, 1999 (Ga. L. 1999, p. 969), H.R. No. 169, Act No. 15, is repealed in its entirety; provided, however, that only the provisions of Article 11, relating to Hall County, are so repealed.

ARTICLE VI

SECTION 27.

That all laws and parts of laws in conflict with this resolution are repealed.

Senator Cheeks of the 23rd moved that the Senate agree to the House substitute to SR 514.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Price,T
Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 514.
The following bill was taken up to consider House action thereto:
SB 485. By Senators Hill of the 4th, Thomas of the 10th, Williams of the 6th and others:
A bill to be entitled an Act to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to provide that no person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; to define a certain term; to provide exceptions; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:

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A BILL
To be entitled an Act to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to provide that no person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; to define a certain term; to provide exceptions; to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to certain sales of alcoholic beverages by public carriers and nonprofit organizations, so as to authorize the distribution or sale of distilled spirits and wine and malt beverages under certain conditions by cruise ships; to provide for an annual authorization fee; to provide for payment of taxes on containers; to provide for reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, is amended by adding at the end thereof a new subsection (e) to read as follows:
"(e)(1) As used in this subsection, the term 'housing authority property' means any property containing 300 housing units or fewer owned or operated by a housing authority created by Article 1 of Chapter 3 of Title 8, the 'Housing Authorities Law.'
(2) No person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property or library. This subsection shall not apply at any location for which a license has been issued prior to July 1, 2000, nor to the renewal of such license. Nor shall this subsection apply at any location for which a new license is applied for if the sale of alcoholic beverages for consumption on the premises was lawful at such location at any time during the 12 months immediately preceding such application."
SECTION 2.
Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to certain sales of alcoholic beverages by public carriers and nonprofit organizations, is amended by striking in its entirety Code Section 3-9-1, relating to authorization of distribution or sale of distilled spirits by airline and railway passenger carriers, and inserting in lieu thereof a new Code Section 3-9-1 to read as follows:
"3-9-1.
(a) Notwithstanding anything contained in this title or any other law, the commissioner may authorize the distribution or sale of containers of distilled spirits, containing not more than 50 milliliters per container, by licensed airlines, and railway passenger carriers. railway passenger carriers, and cruise ships.
(b) These passenger carriers and cruise ships shall annually obtain, for a fee of $100.00, an authorization from the commissioner for the distribution or sale of such containers.
(c) The carriers and cruise ships shall pay taxes in the proper amounts on the containers distributed or sold in or over the state.
(d) The carriers and cruise ships shall file reports of all distributions or sales of the containers with the commissioner on or before the fifteenth day of the month following the month of distribution or sale and shall remit the proper tax for the distributions or sales at that time. The carriers and cruise ships shall further report to the commissioner any other information the commissioner may deem necessary for the purposes of this title."
SECTION 3.

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Said article is further amended by striking in its entirety Code Section 3-9-2, relating to authorization of distribution or sale of wine and malt beverages by airline and railway passenger carriers, and inserting in lieu thereof a new Code Section 3-9-2 to read as follows:
"3-9-2.
(a) Notwithstanding anything contained in this title or any other law, the commissioner may authorize the distribution or sale of wine and malt beverages in variously sized containers by licensed airlines, and railway passenger carriers. railway passenger carriers, and cruise ships.
(b) The carriers and cruise ships shall annually obtain, for a fee of $50.00 for a wine license and $50.00 for a malt beverage license, an authorization from the commissioner for the distribution or sale of wine and malt beverages in variously sized containers.
(c) The carriers and cruise ships shall pay taxes in the proper amounts on the containers distributed or sold in or over the state.
(d) The carriers and cruise ships shall file reports of all distributions or sales of the containers with the commissioner on or before the fifteenth day of the month following the month of distribution or sale and shall remit the proper tax for the distributions or sales at that time. The carriers and cruise ships shall further report to the commissioner any other information the commissioner may deem necessary for the purposes of this title."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Hill of the 4th moved that the Senate disagree to the House substitute to SB 485.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 485.
The following bill was taken up to consider House action thereto:
SB 440. By Senators Walker of the 22nd and Cheeks of the 23rd:
A bill to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Medical Center Authority; to provide for a short title and definitions; to confer powers and impose duties on the authority; to provide for the membership and the appointment and confirmation of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, removal, organization, meetings, and expenses; to provide for corporate purpose; to prohibit authority employees and members from having certain interests and engaging in certain conduct and provide for certain disclosures, sanctions, and penalties; to provide for venue and jurisdiction; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Georgia Medical Center Authority; to provide for a short title and definitions; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for statutory construction; to provide for vacancies, removal, organization, meetings, and expenses; to provide for corporate purpose; to prohibit authority employees and members from having certain interests and engaging in certain conduct and provide for certain disclosures, sanctions, and penalties; to provide for venue and jurisdiction; to provide for trust funds; to

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provide for authority purpose; to provide for charges; to provide for legal services; to provide for rules and regulations; to provide for tort and antitrust immunity; to provide for tax exemptions; to provide for budgets, work plans, and audits; to provide for the Georgia Medical Center Authority Overview Committee and its organization, vacancies, duties, powers, and expenditures and provide for its members' appointment, qualifications, terms, compensation, allowances, and expenses; to provide for committee assistance, staffing, and services; to provide for authority cooperation and reports; to provide for legal enforcement; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end a new chapter to read as follows:
"CHAPTER 14
20-14-1.
This chapter shall be known and may be cited as the 'Georgia Medical Center Authority Act.'
20-14-2.
As used in this chapter, the term:
(1) 'Authority' means the Georgia Medical Center Authority.
(2) 'Cost of the project' means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges; interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses; the cost of intellectual property; and such other expenses as may be necessary or incident to the financing authorized in this chapter, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such.
(3) 'Project' means and includes one or any combination of the following: biomedical and biotechnical research centers, facilities, and programs based in Augusta, Georgia, to include office space, laboratories, treatment centers, and other related buildings, structures, equipment, as well as associated facilities such as parking facilities and common areas; and improvements of every kind and character deemed by the authority necessary or convenient for its purposes.
20-14-3.
(a) There is created a body corporate and politic to be known as the Georgia Medical Center Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation; and by that name, style, and title such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of this state.
(b) The authority shall consist of 15 members. Eleven members shall be appointed by the Governor for staggered initial terms of office as follows: four members for two years, and seven members for three years. Two members shall be appointed by the Speaker of the House of Representatives to serve initial terms of office of two years and two members shall be appointed by the President of the Senate to serve initial terms of office of two years. After their initial terms of office, members shall serve for terms of office of four years each. Members shall serve for the terms of office specified and until the appointment and qualification of their respective successors. No person may

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be appointed as a member of the authority unless that person has been a resident of this state for at least two years and is at least 21 years of age. Any elected or appointed state, county, municipal, or school board official or employee, except members of the Board of Regents, officials and employees of the legislative or judicial branches of state government, are authorized to be appointed as members of the authority, and any person so appointed is authorized to serve as a member of the authority.
(c) All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term. The authority shall elect its own officers. A majority of the membership of the authority constitutes a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. The authority shall otherwise provide for its own organization and conduct of business according to Robert's Rules of Order.
(d) The Governor, after notice and opportunity for hearing, may remove from office any member of the authority for any of the following reasons:
(1) Inability or neglect to perform the duties required of members;
(2) Failure to attend, without prior approval of the chairperson of the authority, four consecutive regularly scheduled meetings of the authority;
(3) Incompetence; or
(4) Dishonest conduct.
(e) The members of the authority shall receive a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-21; and the members of the authority shall not receive any other compensation for their services as such.
(f) The authority shall have perpetual existence. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this chapter or impair the obligations of any contracts existing under this chapter.
(g) The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all the books, together with the proper statement of the authority's financial position, to the state auditor.
20-14-4.
The corporate purpose and the general nature of the business of the authority shall be:
(1) The provision of biomedical and biotechnical research centers, facilities, and programs based in Augusta, Georgia, in cooperation with the board of regents;
(2) The commercialization of biomedical and biotechnical research results;
(3) The promotion of closer ties between academic institutions of the state and the biomedical industry so as to capitalize on present and future state intellectual resources;
(4) The generation of sustained research funding in the form of revenues from licensed and commercialized intellectual property with excess revenues reinvested in biomedical research infrastructure and programs;
(5) The promotion of continuing investment in the intellectual capacity of the Medical College of Georgia by cooperating with the board of regents in the retention and recruitment of clinical faculty; and
(6) The advancement of local and state economic growth.

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Nothing in this chapter shall be construed to conflict with the powers and authority of the board of regents over its institutions.
20-14-5.
The authority is authorized:
(1) To have a seal and alter it at pleasure;
(2) To acquire, hold, and dispose of personal and intellectual property for its corporate purposes;
(3) To appoint, select, and employ officers, agents, and employees, including but not limited to engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of accountants, engineers, architects, consultants, and advisors, and to allow suitable compensation for such services; and to make provisions with regard to its employees for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits and to establish conditions of employment of authority employees;
(4) To make contracts and to execute all instruments necessary or convenient, including but not limited to contracts for construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be erected or acquired;
(5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this chapter, such projects to be located on property owned or leased by the authority or the State of Georgia or under the control and management of the authority. The cost of any such project shall be paid from the authority's income or from such proceeds and any loan, gift, or grant from the United States of America or any agency or instrumentality thereof, or the State of Georgia or any county, municipal corporation, authority, or local government or governing body thereof;
(6) To accept loans or grants, or both, of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality may impose;
(7) To exercise any power which is usually possessed by private corporations performing similar functions and which is not in conflict with the Constitution and laws of this state;
(8) To act as agent for the United States of America or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the authority;
(9) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business;
(10) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia, or any agency or instrumentality thereof, or from any county, municipal corporation, or local government or governing body;
(11) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly for any of the purposes of this authority;
(12) To do all things necessary or convenient to carry out the powers and purposes of the authority;

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(13) To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell, lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority, or exchange the same for other property or rights which are useful for the purposes of the authority;
(14) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to its grounds at reasonable rates to be determined by the authority;
(15) To contract with the Georgia State Financing and Investment Commission for the construction of the project as provided for in Article 2 of Chapter 17 of Title 50; or to contract with other authorities, departments, or agencies of the State of Georgia for the construction of the project; and
(16) To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received.
20-14-6.
It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter. The State of Georgia covenants that the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation or maintenance of the facilities erected, maintained, or acquired by it or any fees, rentals, or other charges for the use of such facilities or other income received by the authority; provided, however, in no event shall the exemptions granted in this Code section extend to any lessee or other private person or entity.
20-14-7.
All moneys received pursuant to the authority of this chapter, whether as grants or other contributions or as revenues, rents, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this chapter.
20-14-8.
The authority is authorized to fix rentals and other charges which any user shall pay to the authority for the use of the project or part thereof or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to use of any part of the project. The rentals and other charges shall be so fixed and adjusted in respect to the aggregate thereof from the project or any part thereof so as to provide a fund sufficient with other revenues of such project, if any, to pay the cost of maintaining, repairing, and operating the project, including the reserves for extraordinary repairs and insurance, unless such cost shall be otherwise provided for, which cost shall be deemed to include the expenses incurred by the authority on account of the project for water, light, sewer, and other services furnished by other facilities at the project.
20-14-9.
The Attorney General shall provide legal services for the authority and in connection therewith the provisions of Code Sections 45-15-13 through 45-15-16 shall be fully applicable.
20-14-10.
Any action to protect or enforce any rights under this chapter shall be brought in the Superior Court of Richmond County, Georgia; and such court shall have exclusive, original jurisdiction of such actions. Furthermore, the venue for actions brought against the authority shall be in the Superior Court of Richmond County, Georgia; and such

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court shall have exclusive, original jurisdiction of such actions. Nothing contained in this chapter shall be construed to impair any rights afforded the state under the Constitution of the United States.
20-14-11.
(a) Every member of the authority and every employee of the authority who knowingly has any interest, direct or indirect, in any contract to which the authority is or is about to become a party, or in any other business of the authority, or in any firm or corporation doing business with the authority shall make full disclosure of such interest to the authority. Failure to disclose such an interest shall constitute cause for which a member of the authority may be removed or an employee discharged or otherwise disciplined at the discretion of the authority.
(b) The provisions of Article 1 of Chapter 10 of Title 16 and Code Sections 16-10-21, 16-10-22, 16-10-92, and 1610-93, regulating the conduct of officers, employees, and agents of political subdivisions, municipal and other public corporations, and other public organizations, shall be applicable to the conduct of members, officers, employees, and agents of the authority.
(c) Any contract or transaction of the authority involving a conflict of interest which is not disclosed under subsection (a) of this Code section, or involving a violation of Article 1 of Chapter 10 of Title 16 or Code Section 16-10-21, 16-10-22, 16-10-92, or 16-10-93, or involving a violation of any other provision of law regulating conflicts of interest which is applicable to the authority or its members, officers, or employees shall be voidable by the authority.
20-14-12.
The authority shall have the same immunity and exemption from liability for torts and negligence as enjoyed by this state; and the officers, agents, and employees of the authority, when in the performance of the work of the authority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of this state as when in the performance of their public duties or work of the state.
20-14-13.
It is declared by the General Assembly that, in the exercise of the power specifically granted to it by this chapter, the authority is acting pursuant to state policy and shall be immune from antitrust liability to the same degree and extent as enjoyed by this state.
20-14-14.
(a) The authority shall develop an annual budget and a financial and program work plan for both capital and operational requirements of the authority's activities and projects for each fiscal year.
(b) The authority shall employ a firm of independent certified public accountants licensed to practice in this state as auditors to prepare an annual audit of the books, records, and accounts of the authority.
20-14-15.
(a) There is created as a joint committee of the General Assembly the Georgia Medical Center Authority Overview Committee to be composed of three members of the House of Representatives appointed by the Speaker of the House and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and the vice chairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Georgia Medical

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Center Authority, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter.

(b) The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties set forth in this chapter. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants.

(c) The Georgia Medical Center Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, and other state agencies in order that the charges of the committee, set forth in this chapter, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Medical Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Medical Center Authority, as set forth in this chapter.

(d) In the discharge of its duties, the committee shall evaluate the performance of the Georgia Medical Center Authority consistent with the following criteria:
(1) Prudent, legal, and accountable expenditure of public funds;

(2) Efficient operation; and

(3) Performance of its statutory responsibilities.

(e) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel, paying for services of independent accountants, engineers, and consultants, and paying all other necessary expenses incurred by the committee in performing its duties.

(f) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees.

(g) The funds necessary for the purposes of the committee 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.

Senator Walker of the 22nd moved that the Senate agree to the House substitute to SB 440.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush
Burton Y Butler Y Cable
Cagle

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp

Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat

Wednesday, March 22, 2000

2095

Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 440.
The following resolution was taken up to consider House action thereto:
SR 623. By Senators Land of the 16th and Hooks of the 14th:
A resolution designating the Myrtice McGarrah McMichael Bridge; and for other purposes.
The House amendment was as follows:
Amend SR 623 by adding after line 30 the following:
Designating the Corporal Howell Cobb Dees, USMC, Bridge; and for other purposes.
WHEREAS, on September 14, 1942, on a remote Pacific island known as Guadalcanal, Corporal Howell Cobb Dees, United States Marine Corps, was fatally wounded by enemy fire and made the ultimate sacrifice for his country; and
WHEREAS, he was born in Ambrose, Georgia, on May 15, 1922, the son of John Monroe Dees and Willie Blance Dees and on September 10, 1940, at the age of 18, he answered his nation's call to duty by enlisting in the U.S. Marine Corps in Macon, Georgia, listing his occupation as "student" and he was sent to Paris Island, South Carolina, for training the following day; and
WHEREAS, he was assigned to Company "E", First Marine Raider Battalion, First Marine Division, Reinforced, where he served with distinction through heavy combat until the time of his death, and he was temporarily interred on Guadalcanal and later moved to Arlington National Cemetery; and
WHEREAS, it is only proper that the members of this body honor the memory of this young man who gave his life for his country.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the bridge over Wiggins Creek on Georgia Highway 32 in Coffee County shall be designated as the "Corporal Howell Cobb Dees, USMC, Bridge."
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the "Corporal Howell Cobb Dees Bridge."
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Corporal Howell Cobb Dees.
Senator Land of the 16th moved that the Senate agree to the House amendment to SR 623.
On the motion, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort
Gillis Y Gingrey Y Golden
Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Price,R Y Price,T Y Ragan
Ray Scott Y Smith Starr (PRS) Y Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Walker Y Williams

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 623.
The following bill was taken up to consider House action thereto:
SB 403. By Senators Ray of the 48th, Kemp of the 3rd and Lee of the 29th:
A bill to be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings within the jurisdiction of the magistrate courts, so as to provide for the filing of actions, claims, answers, pleadings, postjudgment interrogatories, and other documents by electronic means; to provide for the electronic signature and verification of such pleadings and to provide for methods of service and docketing of such pleadings; to provide for the burden of proof if authenticity is challenged; to provide for the assessment and collection of fees in connection with such pleadings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings within the jurisdiction of the magistrate courts, so as to provide for the filing of actions, claims, answers, pleadings, postjudgment interrogatories, and other documents by electronic means; to provide for the electronic signature and verification of such pleadings and to provide for methods of service and docketing of such pleadings; to provide for the burden of proof if authenticity is challenged; to provide for the assessment and collection of fees in connection with such pleadings; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

Wednesday, March 22, 2000

2097

Article 3 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to civil proceedings within the jurisdiction of the magistrate courts, is amended by adding a new Code Section 15-10-52 to read as follows:
"15-10-52.
(a) Any magistrate court may provide for the filing of civil, garnishment, distress warrant, dispossessory, foreclosure, abandoned motor vehicle, and all other noncriminal actions, claims, answers, counterclaims, pleadings, postjudgment interrogatories, and other documents by electronic means.
(b) Any pleading or document filed electronically shall be in a format prescribed by the court.
(c) Any pleading or document filed electronically shall include the electronic signature of the person filing the pleading or document as defined in Code Section 10-12-3.
(d) Any pleading or document filed electronically which is required to be verified, verified under oath, or be accompanied by an affidavit may include such verification, oath, or affidavit by one of the following methods:
(1) As provided in subsection (j) of Code Section 10-12-4;
(2) By oath or affirmation of the party filing the pleading at the time of the trial of the case;
(3) By supplemental verified pleading; or
(4) By electronic verification, oath, or affidavit in substantially the following form:
'By affixing this electronic verification, oath, or affidavit to the pleading(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that the statements set forth in the above pleading(s) are true and correct.
Date:__________ Electronic Signature:__________'
(e) Service of any claim or complaint filed electronically shall be made as provided by law. Service of all subsequent pleadings and notices may be made electronically only on a party who has filed pleadings electronically; service on all other parties shall be made by such other means as are provided by law. Each pleading or document which is required to be served on other parties shall include a certificate of service indicating the method by which service on the other party has been made. An electronic certificate of service shall be made in substantially the following form:
'By affixing this electronic certificate of service to the pleading(s) or document(s) submitted to the court and attaching my electronic signature hereon, I do hereby swear or affirm that I have this date served the opposing party with a copy of this pleading by e-mail or placing a copy in regular mail with sufficient postage thereon to the following address: (set forth address of opposing party).
Date:__________ Electronic Signature:_______________'
(f) Nothing in this Code section shall prevent a party from contesting an electronic pleading, document, or signature on the basis of forgery or fraud. Any pleading or document found by the court to have been fraudulently filed shall be stricken from the record.
(g) Where the authenticity or the integrity of an electronic pleading, document, or signature is challenged, the proponent of the electronic pleading, document, or signature shall have the burden of proving that the electronic pleading, document, or signature is authentic.
(h) Upon the receipt of any pleading or other document filed electronically, the clerk of magistrate court shall notify the filer of receipt of the pleading or document. Such notice shall include the date and time the court accepted the pleading or document as filed.

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JOURNAL OF THE SENATE

(i) Any pleading or document filed electronically shall be deemed filed as of the time the clerk of court gains electronic control of the document.

(j) When the filing of the pleading or document requires the payment of a fee, the clerk of magistrate court may establish procedures for the payment of such fees connected with such filing. The filing of any such pleading or document shall create an obligation by the party to pay such fee to the clerk of court instanter.

(k) The clerk of court may assess an additional transaction fee or fees for each electronic filing and electronic payment."

SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

Senator Ray of the 48th moved that the Senate agree to the House substitute to SB 403.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue
Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 403.

The following bill was taken up to consider House action thereto:

SB 398.

By Senators Thompson of the 33rd, Stokes of the 43rd, Tanksley of the 32nd, Hill of the 4th and others:

A bill to be entitled an Act to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the OneGeorgia Authority; to provide a short title; to provide for legislative findings and declaration of necessity; to provide definitions; to provide for the composition of the authority; to provide for the appointment of an executive director; to provide for limitation on

Wednesday, March 22, 2000

2099

the authority's liability; to provide for the powers of the authority; to provide for the powers to issue bonds and incur indebtedness; to provide for obligations not subject to the "Georgia Securities Act of 1973"; to provide for bonds as securities; to provide for the payment of bond proceeds; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

The House amendments were as follows:
House amendment #1:
Amend SB 398 by striking on line 30 of page 2 the words "any local government" and inserting in lieu thereof the words "federal tobacco settlement proceeds paid to the State of Georgia".
By inserting between lines 23 and 24 on page 22 the following:
"(p) Notwithstanding any contrary provision in this chapter, any bonds, revenue bonds, or securities of any kind issued under this chapter may only be secured by obligation of a business, enterprise, or proceeds paid to the State of Georgia pursuant to funds received by the state pursuant to the settlement of the lawsuit filed by the state against certain tobacco companies (State of Georgia, et al. v. Philip Morris, Inc., et al., Civil Action #E-61692, V19/246 (Fulton Superior Court, 19 December 9, 1998)).".
House amendment #2:
Amend SB 398 by inserting on line 19 of page 1 immediately following the word and symbol "required;" the following:
"to establish the OneGeorgia Authority Overview Committee and to provide for its duties;".
By inserting on line 20 of page 1 immediately after the word and symbol "foregoing;" the following:
"to provide an effective date;"
By striking line 10 on page 7 and inserting in lieu thereof the following:
"business, nonprofit, or charitable corporation, association, or".
By striking line 23 on page 12 and inserting in lieu thereof the following:
"authority, and to sell, convey, or otherwise encumber such moneys appropriated from the proceeds of such settlement by capitalizing or securitizing the same and entering into contracts pertaining thereto in order to enable the authority, in its judgment, to better accomplish the purposes of this chapter;".
By striking lines 16 through 19 on page 14 and inserting in lieu thereof the following:
"such filings. The members of the board of directors of any such corporation shall be appointed by the authority and may include persons who are members of the authority; provided, however, that a majority of the members of the board of directors of any such corporation shall be persons who are not members of the authority and who are not officials or employees of the State of Georgia. Upon".
By striking lines 35 and 36 of page 14 and inserting in lieu thereof the following:
"training, management, educational, project assistance, and other services related to the purposes of the authority to the state and any institution,".
By striking line 41 on page 14 and inserting in lieu thereof the following:

2100

JOURNAL OF THE SENATE

"enter into contracts with the foregoing, including without limitation the Department of Industry, Trade, and Tourism, to provide such".
By striking line 43 on page 14 and inserting in lieu thereof the following:
"agency, or authority of the state, including without limitation the Department of Industry, Trade, and Tourism, and any local".
By striking line 37 on page 15 and inserting in lieu thereof the following:
"appropriated for the purposes of the authority; and".
By striking line 17 on page 16 and inserting in lieu thereof the following:
"respective powers. The Department of Industry, Trade, and Tourism is authorized to acquire, construct, operate, maintain, expand, and improve a project for the purposes of the authority, and for the public good and general welfare, to contract with the authority for any such acquisition, construction, operation, maintenance, expansion, or improvement and to pay the cost of such project from any lawful fund source available to the department, including without limitation, where applicable, funds received by appropriation, proceeds of general obligation debt, funds of local government, grants of the United States or any agency or instrumentality thereof, gifts, and otherwise."
By adding between lines 3 and 4 on page 17 the following:
"(f) All contracts of the authority with any department, agency, board, commission, or authority of state government shall be subject to review and approval by a subcommittee of the board of directors to consist of the Lieutenant Governor, who shall chair such subcommittee; the commissioner of the Department of Community Affairs; and the commissioner of the Department of Industry, Trade, and Tourism."
By striking lines 38 and 39 on page 21 and inserting in lieu thereof the following:
"for each bond for the first 100 bonds; 25 cents for each of the next 400 bonds; and 10 cents for each bond over 500."
By striking line 30 on page 25 and inserting in lieu thereof the following:
"(a) The state auditor or an independent public accountant retained by the authority shall make an annual audit of the".
By striking the quotation marks at the end of line 38 on page 26.
By inserting between lines 38 and 39 on page 26 the following:
"50-34-17.
(a) There is established the OneGeorgia Authority Overview Committee to be composed of one member of the House of Representatives to be appointed by the Speaker of the House of Representatives, one member of the Senate to be appointed by the President of the Senate, two members of the General Assembly to be appointed by the Governor, and the director of the Legislative Budget Office. The legislative members shall serve for terms as members of the committee concurrent with their terms of office as members of the General Assembly. The first members of the committee shall be appointed by not later than July 1, 2000. Thereafter, their successors shall be appointed during the first 30 days of each regular legislative session which is held immediately following the election of members of the General Assembly.
(b) The Speaker of the House of Representatives shall designate one of the members appointed by the Speaker as chairperson of the committee. The President of the Senate shall designate one of the members appointed by the President of the Senate as vice chairperson of the committee. The members designated as chairperson and vice

Wednesday, March 22, 2000

2101

chairperson shall serve for terms as such officers concurrent with their terms as members of the committee. Other than the chairperson and vice chairperson provided for in this subsection, the committee shall provide for its own organization.

(c) The committee shall periodically inquire into and review the operations, contracts, safety, financing, organization, and structure of the OneGeorgia Authority, as well as periodically review and evaluate the success with which said authority is accomplishing its legislatively created purposes.

(d) The OneGeorgia Authority shall cooperate with the committee and its authorized personnel in order that the committee may efficiently and effectively carry out its duties. The OneGeorgia Authority shall submit to the committee such reports and data as the committee shall reasonably require of said authority in order that the committee may adequately inform itself of the activities of said authority. The committee shall, on or before the first day of January of each year and at such other times as it deems to be in the public interest, submit to the General Assembly a report of its findings and recommendations based upon the review of the operations of the OneGeorgia Authority.

(e) The members of the committee shall receive the same expenses and allowances for their services on the committee as are authorized by law for members of interim legislative study committees.

(f) Nothing in this chapter shall be construed to relieve the OneGeorgia Authority of the responsibilities imposed upon it under this chapter.'"

By redesignating Section 2 as Section 3 and inserting between lines 38 and 39 on page 26 a new Section 2 to read as follows:

"SECTION 2.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

Senator Thompson of the 33rd moved that the Senate agree to the House amendments to SB 398.

On the motion, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan N Ray Y Scott Y Smith
Starr (PRS) Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

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JOURNAL OF THE SENATE

On the motion, the yeas were 49, nays 5; the motion prevailed, and the Senate agreed to the House amendments to SB 398.

The following bill was taken up to consider House action thereto:

SB 254. By Senator Smith of the 25th:

A bill to amend an Act reconstituting the Board of Education of Hancock County and providing for its powers, duties, rights, obligations, and liabilities so as to increase the compensation of the members of said board of education; to provide an effective date.

The House amendment was as follows:

Amend SB 254 by striking lines 4 and 5 of page 1 and inserting in their place the following:

"1993, p. 4524), so as to repeal the provisions relating to the compensation of the chairperson and members of said board of education; to provide an effective".

By striking lines 13 through 27 of page 1 and inserting in their place the following:

"Section 6 of said Act, relating to compensation and expenses of the chairperson and members of the board of education.".

Senator Smith of the 25th moved that the Senate agree to the House amendment to SB 254.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 254.
The following bill was taken up to consider House action thereto:

Wednesday, March 22, 2000

2103

HB 1576. By Representatives Stokes of the 92nd, Manning of the 32nd, Wix of the 33rd and others:

A bill to be entitled an Act to amend Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to invasions of privacy, so as to change certain provisions relating to interception of wire, oral, and electronic communications; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House amendment to the Senate substitute was as follows:

Amend the Senate substitute to HB 1576 by striking lines 28 through 37 of page 2 and inserting in lieu thereof the following:

"(B) For an owner or occupier of real property to use for security purposes, crime prevention, or crime detection, any device to observe, photograph, or record the activities of persons who are on the property or an approach thereto in areas where there is no reasonable expectation of privacy; or

(C) To use for security purposes, crime prevention, or crime detection, any device to observe, photograph, or record the activities of persons who are within the curtilage of the residence of the person using such device. A photograph, videotape, or record made in accordance with this subparagraph, or a copy thereof, may be disclosed by such resident to the district attorney or a law enforcement officer and shall be admissible in a judicial proceeding, without the consent of any person observed, photographed, or recorded;".

Senator Price of the 56th moved that the Senate agree to the House amendment to the Senate substitute to HB 1576.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N
Thomas,R Y Thompson
Walker Williams

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1576.
The following bill was taken up to consider House action thereto:

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JOURNAL OF THE SENATE

SB 307. By Senators Hecht of the 34th, Starr of the 44th and Kemp of the 3rd:
A bill to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for certain offenses related to defrauding or theft from retail merchants; to provide that shoplifting from three separate mercantile establishments within 72 hours is a felony; to provide for felony offenses relating to fraudulent use of retail sales receipts and Universal Product Code labels; to provide for penalties; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for certain offenses related to defrauding or theft from retail merchants; to provide that shoplifting from three separate stores or retail establishments within one county within seven days when the property which was the subject of each theft exceeds $100.00 in value is a felony; to provide for felony offenses relating to fraudulent use of retail sales receipts and Universal Product Code labels; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by striking in its entirety subsection (b) of Code Section 16-8-14, relating to theft by shoplifting, and inserting in its place the following:
"(b)(1) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is $300.00 or less in value shall be punished as for a misdemeanor; provided, however, that:
(A) Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $250.00 and the fine shall not be suspended or probated;
(B) Upon conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a 'special alternative incarceration-probation boot camp,' probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and
(C) Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld.
(2) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft exceeds $300.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.
(3) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken from three separate stores or retail establishments

Wednesday, March 22, 2000

2105

within one county during a period of seven days or less and when the property which was the subject of each theft exceeds $100.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years."

SECTION 2.

Said article is further amended by inserting a new Code section to be designated Code Section 16-8-17 to read as follows:

"16-8-17.

(a)(1) Except as provided in paragraph (2) of this subsection, a person who, with intent to cheat or defraud a retailer, possesses, uses, utters, transfers, makes, alters, counterfeits, or reproduces a retail sales receipt or a Universal Product Code label which results in a theft of property which exceeds $300.00 in value, commits a felony and shall be punished by imprisonment for not less than one year and not more than three years or by a fine or both.

(2) A person convicted of a violation of paragraph (1) of this subsection, when the property which was the subject of the theft resulting from the unlawful use of retail sales receipts or Universal Product Code labels is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the property which was the subject of each theft exceeds $100.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.

(b) A person who, with intent to cheat or defraud a retailer, possesses 15 or more fraudulent retail sales receipts or Universal Product Code labels or possesses a device the purpose of which is to manufacture fraudulent retail sales receipts or Universal Product Code labels will be guilty of a felony and punished by imprisonment for not less than one year and not more than ten years."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

Senator Hecht of the 34th moved that the Senate agree to the House substitute to SB 307.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun
Brown Brush Y Burton Y Butler Cable Y Cagle Y Cheeks Y Crotts Y Dean Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Price,T
Y Ragan Y Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

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JOURNAL OF THE SENATE

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 307.

The following bill was taken up to consider House action thereto:

HB 823.

By Representatives Everett of the 163rd, Bridges of the 9th, Callaway of the 81st and Parham of the 122nd:

A bill to amend Code Section 40-2-8 of the Official Code of Georgia Annotated, relating to operation of unregistered vehicles or vehicles without current license plates, revalidation decals, or county decals, storage of unlicensed vehicles, jurisdiction, display of temporary notices, and disposition of fines, so as to provide for issuance of temporary plates for vehicles sold by dealers of new and used motor vehicles and display of such temporary plates on recently purchased vehicles prior to registration; and for other purposes.

The House amendment to the Senate substitute was as follows:

Amend the Senate substitute to HB 823 by striking in its entirety line 40 of page 3 and inserting in lieu thereof the following:

"purchasers of vehicles on or after January 1, 2001,". By striking in its entirety line 42 of page 3 and inserting in lieu thereof the following:

"regulation promulgated by the Department of Revenue in".

Senator Meyer von Bremen of the 12th moved that the Senate agree to the House amendment to the Senate substitute to HB 823.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton
Butler Cable Cagle Y Cheeks Crotts Y Dean Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N
Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 823.

Wednesday, March 22, 2000

2107

Senator Ragan of the 11th asked unanimous consent that Senator Meyer von Bremen of the 12th be excused. The consent was granted, and Senator Meyer von Bremen was excused.
Senator Kemp of the 3rd asked unanimous consent that Senator Hill of the 4th be excused. The consent was granted, and Senator Hill was excused.
The President assumed the Chair.
The following bill was taken up to consider House action thereto:
SB 474. By Senators Jackson of the 50th, Thompson of the 33rd, Butler of the 55th and others:
A bill to be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to procedures for sentencing and imposition of punishment, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended misdemeanor cases, except as provided in this Act; to amend Article 2 of Chapter 8 of Title 42 of the O.C.G.A., relating to the state-wide probation system, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended sentences in misdemeanor cases, except as provided in this Act; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended misdemeanor cases, except as provided in this Act; to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the statewide probation system, so as to provide that the Department of Corrections shall not have jurisdiction to supervise probated or suspended sentences in misdemeanor cases, except as provided in this Act; to change provisions relating to probation fees; to amend Article 5 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to pretrial release and diversion programs, so as to provide that the Department of Corrections shall not have jurisdiction in pretrial and diversion programs for misdemeanor defendants; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety Code Section 17-10-3, relating to probation supervision of misdemeanor sentences, and inserting in lieu thereof the following:
"17-10-3.
(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows:
(1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;
(2) By confinement under the jurisdiction of the Board of Corrections in a state or county correctional institution or such other institution as the Department of Corrections may direct probation detention center or diversion center pursuant to Code Sections 42-8-35.4 and 42-8-35.5, for a determinate term of months which shall be more than six months but shall not exceed a total term of 12 months; or

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(3) If the crime was committed by an inmate within the confines of a state correctional institution, by confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months.
(b) Either the punishment provided in paragraph (1) or (2) of subsection (a) of this Code section, but not both, may be imposed in the discretion of the sentencing judge. Misdemeanor punishment imposed under either paragraph may be subject to suspension or probation, but the punishment provided in paragraph (2) of subsection (a) of this Code section shall not be subject to suspension or probation wholly or partially upon payment of a fine either directly or indirectly. The sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under paragraph (1) of subsection (a) of this Code section at any time, but in no instance shall any sentence under the paragraph be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections, except as provided in paragraph (2) of subsection (a) of this Code section.
(c)-Any person adjudicated guilty of a misdemeanor for the first time, who was on the date that the misdemeanor was committed between the ages of 16 and 18 years old, shall be punished by a fine not to exceed $1,000.00 or confined exclusively under the jurisdiction of the Board of Corrections for a period not to exceed 12 months.
(d)(c) In all misdemeanor cases in which, upon conviction, a six-month sentence or less is imposed, it is within the authority and discretion of the sentencing judge to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. A weekend term shall be counted as serving two days of the full sentence. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.
(e)(d) In addition to or instead of any other penalty provided for the punishment of a misdemeanor involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may impose any one or more of the following sentences:
(1) Reexamination by the Department of Public Safety when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed;
(2) Attendance at, and satisfactory completion of, a driver improvement course meeting standards approved by the court;
(3) Within the limits of the authority of the charter powers of a municipality or the punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment upon such conditions and at such times as may be specified; or
(4) Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. The conditions may include driving with no further motor vehicle violations during a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or a specified agency; and performing, or refraining from performing, such acts as may be ordered by the judge.
(f)(e) Any sentence imposed under subsection (e) (d) of this Code section shall be reported to the Department of Public Safety as prescribed by law.
(g)(f) Supervision of a defendant by the Department of Corrections may be imposed in probated or suspended misdemeanor sentences only for the misdemeanor offenses set forth in Title 16, Code Sections 40-6-391, 40-6-393, 40-6-393.1, 40-6-394, or subsection (c) of Code Section 40-6-395, and for all misdemeanor offenses of a high and aggravated nature The Department of Corrections shall lack jurisdiction to supervise misdemeanor offenders, except when the sentence is made concurrent to a probated felony sentence. Except as provided in this subsection or in Article 6 of Chapter 8 of Title 42, the Department of Corrections shall lack jurisdiction to supervise confine misdemeanor offenders.

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(g) This Code section will have no effect upon any offender convicted of a misdemeanor offense prior January 1, 2001, and sentenced to confinement under the jurisdiction of the Board of Corrections or to the supervision of the Department of Corrections."
SECTION 2.
Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, is amended by striking in their entirety Code Sections 42-8-22, relating to the creation of the state-wide probation system, and 42-8-23, relating to the administration of supervision of probations by the Department of Corrections, and subsection (d) of Code Section 42-8-34, relating to hearings and determinations of probation and probation fees, and inserting in lieu thereof the following:
"42-8-22.
There is created a state-wide probation system for felony offenders to be administered by the Department of Corrections. The probation system shall not be administered as part of the duties and activities of the State Board of Pardons and Paroles. Separate files and records shall be kept with relation to the system.
42-8-23.
The department shall administer the supervision of felony probationers. Nothing in this Code section shall alter the relationship between judges and probation supervisors prescribed in this article."
"(d)(1) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department, in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $23.00 per each month under supervision, and in addition, a one-time fee of $25.00 to be imposed where such defendant was convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2, or $50.00 where such defendant was convicted of any felony. The probation fee may be waived or amended after administrative process by the department and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a departmental or other confinement facility which prohibits employment for wages. All probation fees collected by the department shall be paid into the general fund of the state treasury, except as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund.
(2) In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, or state court, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same to the general fund of the state treasury not later than the tenth day of the month after such fee is collected and shall be subject to rule and attachment in the same manner as clerks of superior court for failure to so collect and remit."
SECTION 3.
Article 5 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to pretrial release and diversion programs, is amended by striking Code Section 42-8-80, relating to establishment and operation of such programs, and inserting in lieu thereof the following:
"42-8-80.
The Department of Corrections shall be authorized to establish and operate pretrial release and diversion programs as rehabilitative measures for persons charged with misdemeanors and felonies for which bond is permissible under

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the law in the courts of this state prior to conviction; provided, however, that no such program shall be established in a county without the unanimous approval of the superior court judges, the district attorney, the solicitor-general where applicable, and the sheriff of such county. The Board of Corrections shall promulgate rules and regulations governing any pretrial release and diversion programs established and operated by the department and shall grant authorization for the establishment of such programs based on the availability of sufficient staff and resources."

SECTION 4.

Said article is further amended by striking in its entirety Code Section 42-8-81, relating to release of persons charged to diversion programs, and inserting in lieu thereof the following:

"42-8-81.

The court in which a person is charged with a misdemeanor or felony for which bond is permissible under the law may, upon the application by the person so charged, at its discretion release the person prior to conviction and upon recognizance to the supervision of a pretrial release or diversion program established and operated by the Department of Corrections after an investigation and upon recommendation of the staff of the pretrial release or diversion program. In no case, however, shall any person be so released unless after consultation with his or her attorney or an attorney made available to the person if he or she is indigent that person has voluntarily agreed to participate in the pretrial release or diversion program and knowingly and intelligently has waived his or her right to a speedy trial for the period of pretrial release or diversion."

SECTION 5. This Act shall become effective on January 1, 2001.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.

Senator Jackson of the 50th moved that the Senate agree to the House substitute to SB 474.

On the motion, a roll call was taken, and the vote was as follows:

Balfour Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Cable Y Cagle Y Cheeks Y Crotts Y Dean Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht E Hill
Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee E M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Stephens Y Stokes Y Streat Y Tanksley Y Tate Thomas,D E Thomas,N Y Thomas,R Y Thompson Walker Y Williams

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On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 474.

The following bill was taken up to consider House action thereto:

SB 343. By Senator Madden of the 47th:

A bill to be entitled an Act to amend Article 3 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to construction and operation of waterworks and sanitary sewage systems, so as to provide that any private entity shall obtain the consent of the governing authority of a political subdivision before exercising condemnation rights within such jurisdiction; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL

To be entitled an Act to amend Article 3 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to construction and operation of waterworks and sanitary sewage systems, so as to provide that any private entity shall obtain the consent of the governing authority of a political subdivision before exercising condemnation rights within such jurisdiction; to provide that certain entities shall have the right to condemn property for the construction and operation of a water or sewer system or both; to provide for declaration of taking procedures by certain entities; 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 3 of Title 22 of the Official Code of Georgia Annotated, relating to construction and operation of waterworks and sanitary sewage systems, is amended by striking in its entirety Code Section 22-3-60, relating to the authority to lease, purchase, or condemn property or receive donations for waterworks and sewage systems, and inserting in lieu thereof the following:

"22-3-60.

Any person nongovernmental entity constructing, owning, or operating any waterworks or sanitary sewerage system, or both, in this state shall have the right, power, privilege, and authority to lease, purchase, or condemn property or any interest therein, including easements, or to receive donations or grants of property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that prior to condemning property in any political subdivision, any such entity shall first obtain the consent of the governing authority of such political subdivision, which consent may be granted by resolution or ordinance."

SECTION 2.

Said article is further amended by inserting at the end thereof a new Code section to read as follows:

"22-3-63.

Any other provision of law to the contrary notwithstanding, any nongovernmental entity which:

(1) Is privately owned and is operated under the collective management and control of the owners; (2) Was in the business of providing water supply and sewerage collection and disposal prior to July 1, 1978;

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(3) Has continuously owned a sanitary sewerage system since July 1, 1978, permitted by the Environmental Protection Division of the Department of Natural Resources; and
(4) On the effective date of this Code section owns and operates one or more sewerage collection treatment and disposal systems serving 1,000 or more customers
shall have the authority to condemn property or any interest therein, including easements, for the purpose of constructing and operating a waterworks, a water distribution system, a sewerage collection system, or a sewage treatment and disposal system, or any combination of such systems or facilities; provided, however, that such authority shall extend only to such counties and those counties immediately adjacent to such counties in which such entity owned or operated such waterworks or systems or combination as of January 1, 2000; and provided, further, that the authority provided for in this Code section shall terminate with respect to any entity if any interest in such business is transferred to another person or entity except through inheritance."
SECTION 3.
Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, is amended by adding at the end thereof a new Article 7 to read as follows:
"Article 7
22-3-140.
Any state agency, political subdivision of the state, county, or municipality owning or operating a sewage collection, treatment, or disposal system or a water or wastewater system or a gas or gas line system or electrical or electrical line system is authorized to utilize the declaration of taking method of eminent domain in order to acquire any private property in fee simple or in any lesser interest, including easments, for the aforesaid systems and purposes, as such method of eminent domain is provided in Article 1 of Chapter 3 of Title 32. This article and method of eminent domain shall be supplementary to and cumulative of the methods of procedure for the exercise of the power of eminent domain prescribed in this title."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Madden of the 47th moved that the Senate agree to the House substitute to SB 343 as amended by the following amendment:
Amend the House substitute to SB 343 by striking lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of eminent domain for special purposes, so as".
By striking lines 15 through 17 of page 1 and inserting in lieu thereof the following:
"Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of eminent domain for special purposes, is amended by".
By striking the word "article" on line 5 of page 2 and inserting in lieu thereof the word "chapter".

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By striking lines 5 through 11 of page 3 and inserting in lieu thereof the following:

"collection, treatment, or disposal system, a water or waste-water system, a gas or gas line system, an electrical or electrical line system, or a drain or storm-water system is authorized to utilize the declaration of taking method of eminent domain in order to acquire any private property in fee simple or in any lesser interest, including easments, for such systems and purposes, as such method of eminent".

On the motion, a roll call was taken, and the vote was as follows:

N Balfour N Blitch Y Bowen Y Broun Y Brown Y Brush N Burton
Butler Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey Golden N Guhl

Hamrick Y Harbison Y Hecht E Hill
Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd N Lamutt Y Land Y Lee E M V Bremen Y Madden Y Marable N Perdue Y Polak

Y Price,R N Price,T Y Ragan N Ray Y Scott Y Smith
Starr Stephens Y Stokes Y Streat Y Tanksley Tate Thomas,D E Thomas,N Y Thomas,R Y Thompson Walker N Williams

On the motion, the yeas were 31, nays 11; the motion prevailed, and the Senate agreed to the House substitute to SB 343 as amended by the Senate.
The following bill was taken up to consider House action thereto:
SB 466. By Senators Thompson of the 33rd, Stokes of the 43rd and Tanksley of the 32nd:
A bill to be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to change the penalty provisions applicable to the offense of furnishing a pistol or revolver to a person under the age of 18 years; to change the penalty provisions applicable to the offense of unlawful possession of firearms or weapons; to change the penalty provisions applicable to second or subsequent offenses of carrying a concealed weapon; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to change the penalty provisions applicable to the offense of furnishing a pistol or revolver to a person under the age of 18 years; to change the penalty provisions applicable to the offense of unlawful possession of firearms or weapons; to change the penalty provisions applicable to second or subsequent offenses of carrying a concealed weapon; to provide that upon conviction of the offense of carrying a weapon within a school safety zone when the offense involves a firearm as defined in paragraph (2) of subsection (a)

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of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 and by imprisonment for a period of not less than five nor more than ten years, or both; to change the penalty provisions applicable to the offense of possession of a firearm by a convicted felon or first offender probationer if the felony conviction or probation was for a forcible felony; to change the penalty provisions applicable to the offense of possession of a pistol or revolver by a person under the age of 18 years; to provide that any person who is prohibited from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender for a forcible felony and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony; to provide a penalty; to define a certain term; to provide for related matters; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by striking in its entirety Code Section 16-11-101.1, relating to the offense of furnishing a pistol or revolver to a person under the age of 18 years, and inserting in lieu thereof a new Code Section 16-11-101.1 to read as follows:
"16-11-101.1.
(a) For the purposes of this Code section, the term:
(1) 'Minor' means any person under the age of 18 years.
(2) 'Pistol or revolver' means a pistol or revolver as defined in subsection (a) of Code Section 16-11-132.
(b) It shall be unlawful for a person intentionally, knowingly, or recklessly to sell or furnish a pistol or revolver to a minor, except that it shall be lawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor for the purposes specified in subsection (c) of Code Section 16-11-132 unless otherwise expressly limited by subsection (c) of this Code section.
(c)(1) It shall be unlawful for a parent or legal guardian to permit possession of a pistol or revolver by a minor if the parent or legal guardian knows of a minor's conduct which violates the provisions of Code Section 16-11-132 and fails to make reasonable efforts to prevent any such violation of Code Section 16-11-132.
(2) Notwithstanding any provisions of subsection (c) of Code Section 16-11-132 or any other law to the contrary, it shall be unlawful for any parent or legal guardian intentionally, knowingly, or recklessly to furnish to or permit a minor to possess a pistol or revolver if such parent or legal guardian is aware of a substantial risk that such minor will use a pistol or revolver to commit a felony offense or if such parent or legal guardian who is aware of such substantial risk fails to make reasonable efforts to prevent commission of the offense by the minor.
(3) In addition to any other act which violates this subsection, a parent or legal guardian shall be deemed to have violated this subsection if such parent or legal guardian furnishes to or permits possession of a pistol or revolver by any minor who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such minor were an adult.
(d) Upon conviction of a violation of subsection (b) or (c) of this Code section, a person shall be guilty of a felony and punished by a fine not to exceed $5,000.00 or by imprisonment for not less than two three nor more than five years, or both."
SECTION 2.

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2115

Said article is further amended by striking in its entirety Code Section 16-11-123, relating to the offense of unlawful possession of firearms or weapons, and inserting in lieu thereof a new Code Section 16-11-123 to read as follows:
"16-11-123.
A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by imprisonment for not less than one nor more than a period of five years."
SECTION 3.
Said article is further amended by striking in its entirety Code Section 16-11-126, relating to the offense of carrying a concealed weapon, and inserting in lieu thereof a new Code Section 16-11-126 to read as follows:
"16-11-126.
(a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section.
(b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows:
(1) For the first offense, he or she shall be guilty of a misdemeanor; and
(2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year two years and not more than five years.
(c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section.
(d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment, console, or similar compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle.
(e) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder shall carry the handgun in compliance with the laws of this state."
SECTION 4.
Said article is further amended by striking in its entirety Code Section 16-11-127.1, relating to the offense of carrying a weapon within a school safety zone, and inserting in lieu thereof a new Code Section 16-11-127.1 to read as follows:

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"16-11-127.1.
(a) As used in this Code section, the term:
(1) 'School safety zone' means in, on, or within 1,000 feet of any real property owned by or leased to any public or private elementary school, secondary school, or school board and used for elementary or secondary education and in, on, or within 1,000 feet of the campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education.
(2) 'Weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of two or more inches, straight-edge razor, razor blade, spring stick, metal knucks, blackjack, any bat, club, or other bludgeon-type weapon, or any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind, and any stun gun or taser as defined in subsection (a) of Code Section 16-11-106. This paragraph excludes any of these instruments used for classroom work authorized by the teacher.
(b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such person's control while within a school safety zone or at a school building, school function, or school property or on a bus or other transportation furnished by the school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, be punished by a fine of not more than $10,000.00, by imprisonment for not less than two nor more than ten years, or both; provided, however, that upon conviction of a violation of this subsection involving a firearm as defined in paragraph (2) of subsection (a) of Code Section 16-11-131, or a dangerous weapon or machine gun as defined in Code Section 16-11-121, such person shall be punished by a fine of not more than $10,000.00 or by imprisonment for a period of not less than five nor more than ten years, or both. A juvenile who violates this subsection shall be subject to the provisions of Code Section 15-11-37.
(c) The provisions of this Code section shall not apply to:
(1) Baseball bats, hockey sticks, or other sports equipment possessed by competitors for legitimate athletic purposes;
(2) Participants in organized sport shooting events or firearm training courses;
(3) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense;
(4) Persons participating in law enforcement training conducted by a police academy certified by the Peace Officer Standards and Training Council or by a law enforcement agency of the state or the United States or any political subdivision thereof;
(5) The following persons, when acting in the performance of their official duties or when en route to or from their official duties:
(A) A peace officer as defined by Code Section 35-8-2;
(B) A law enforcement officer of the United States government;
(C) A prosecuting attorney of this state or of the United States;
(D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm;

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(E) A person employed as a campus police officer or school security officer who is authorized to carry a weapon in accordance with Chapter 8 of Title 20; and
(F) Medical examiners, coroners, and their investigators who are employed by the state or any political subdivision thereof;
(6) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school property, or school function a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;
(7) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school or any weapon legally kept within a vehicle in transit through a designated school zone by any person other than a student;
(8) A weapon which is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle which is being used by an adult over 21 years of age to bring to or pick up a student at a school building, school function, or school property or on a bus or other transportation furnished by the school, or when such vehicle is used to transport someone to an activity being conducted on school property which has been authorized by a duly authorized official of the school; provided, however, that this exception shall not apply to a student attending such school;
(9) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract;
(10) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon;
(11) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon;
(12) Probation supervisors employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the 'State-wide Probation Act,' when specifically designated and authorized in writing by the director of the Division of Probation;
(13) Public safety directors of municipal corporations;
(14) State and federal trial and appellate judges;
(15) United States attorneys and assistant United States attorneys;
(16) Clerks of the superior courts; or
(17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle.
(d)(1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such person's control a weapon within a school safety zone; provided, however, it shall be unlawful for any such person to carry, possess, or have under such person's control while at a school building or school function or on school property, a school bus, or other transportation furnished by the

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school any weapon or explosive compound, other than fireworks the possession of which is regulated by Chapter 10 of Title 25.
(2) Any person who violates this subsection shall be subject to the penalties specified in subsection (b) of this Code section.
(3) This subsection shall not be construed to waive or alter any legal requirement for possession of weapons or firearms otherwise required by law.
(e) It shall be no defense to a prosecution for a violation of this Code section that:
(1) School was or was not in session at the time of the offense;
(2) The real property was being used for other purposes besides school purposes at the time of the offense; or
(3) The offense took place on a school vehicle.
(f) In a prosecution under this Code section, a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of the area on or within 1,000 feet of the real property of a school board or a private or public elementary or secondary school that is used for school purposes or within 1,000 feet of any campus of any public or private technical school, vocational school, college, university, or institution of postsecondary education, or a true copy of the map, shall, if certified as a true copy by the custodian of the record, be admissible and shall constitute prima-facie evidence of the location and boundaries of the area, if the governing body of the municipality or county has approved the map as an official record of the location and boundaries of the area. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county. The original of every map approved or revised under this subsection or a true copy of such original map shall be filed with the municipality or county and shall be maintained as an official record of the municipality or county. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. This subsection shall not preclude the use or admissibility of a map or diagram other than the one which has been approved by the municipality or county.
(g) A county school board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of school boards and private or public elementary and secondary schools as 'Weapon-free and Violence-free School Safety Zones.'"
SECTION 5.
Said article is further amended by striking in its entirety Code Section 16-11-131, relating to the offense of possession of a firearm by a convicted felon or first offender probationer, and inserting in lieu thereof a new Code Section 16-11-131 to read as follows:
"16-11-131.
(a) As used in this Code section, the term:
(1) 'Felony' means any offense punishable by imprisonment for a term of one year or more and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States.
(2) 'Firearm' includes any handgun, rifle, shotgun, or other weapon which will or can be converted to expel a projectile by the action of an explosive or electrical charge.
(b) Any person who is on probation as a felony first offender pursuant to Article 3 of Chapter 8 of Title 42 or who has been convicted of a felony by a court of this state or any other state; by a court of the United States including its territories, possessions, and dominions; or by a court of any foreign nation and who receives, possesses, or transports any firearm commits a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than

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five years; provided, however, that if the felony as to which the person is on probation or has been previously convicted is a forcible felony, then upon conviction of receiving, possessing, or transporting a firearm, such person shall be imprisoned for a period of five years.
(b.1) Any person who is prohibited by this Code section from possessing a firearm because of conviction of a forcible felony or because of being on probation as a first offender for a forcible felony pursuant to this Code section and who attempts to purchase or obtain transfer of a firearm shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.
(c) This Code section shall not apply to any person who has been pardoned for the felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitutions or laws of the several states or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, or transport a firearm.
(d) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of firearms by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. Section 925, shall, upon presenting to the Board of Public Safety proof that the relief has been granted and it being established from proof submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A person who has been convicted under federal or state law of a felony pertaining to antitrust violations, unfair trade practices, or restraint of trade shall, upon presenting to the Board of Public Safety proof, and it being established from said proof, submitted by the applicant to the satisfaction of the Board of Public Safety that the circumstances regarding the conviction and the applicant's record and reputation are such that the acquisition, receipt, transfer, shipment, or possession of firearms by the person would not present a threat to the safety of the citizens of Georgia and that the granting of the relief sought would not be contrary to the public interest, be granted relief from the disabilities imposed by this Code section. A record that the relief has been granted by the board shall be entered upon the criminal history of the person maintained by the Georgia Crime Information Center and the board shall maintain a list of the names of such persons which shall be open for public inspection.
(e) As used in this Code section, the term 'forcible felony' means any felony which involves the use or threat of physical force or violence against any person and further includes, without limitation, murder; felony murder; burglary; robbery; armed robbery; kidnapping; hijacking of an aircraft or motor vehicle; aggravated stalking; rape; aggravated child molestation; aggravated sexual battery; arson in the first degree; the manufacturing, transporting, distribution, or possession of explosives with intent to kill, injure, or intimidate individuals or destroy a public building; terroristic threats; or acts of treason or insurrection.
(e)(f) Any person placed on probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and subsequently discharged without court adjudication of guilt pursuant to Code Section 42-8-62 shall, upon such discharge, be relieved from the disabilities imposed by this Code section."
SECTION 6.
Said article is further amended by striking in its entirety Code Section 16-11-132, relating to the offense of possession of a pistol or revolver by a person under the age of 18 years, and inserting in lieu thereof a new Code Section 16-11-132 to read as follows:
"16-11-132.
(a)(1) For the purposes of this Code section, the term 'pistol' or 'revolver' means a firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged where the length of the barrel, not including any revolving, detachable, or magazine breech, does not exceed 12 inches; provided, however, that the term pistol or revolver shall not include a gun which discharges shot of .46 centimeters or less in diameter.

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(2) For the purposes of this Code section, a pistol or revolver is considered loaded if:
(A) There is a cartridge in the chamber or cylinder of the pistol or revolver;
(B) The person is carrying on his or her body or attached to his or her clothing the pistol or revolver and the ammunition for such pistol or revolver; or
(C) The pistol or revolver and the ammunition for such pistol or revolver are in such close proximity to such person that such person could readily gain access to the pistol or revolver and the ammunition and load the pistol or revolver.
(b) Notwithstanding any other provisions of this part and except as otherwise provided in this Code section, it shall be unlawful for any person under the age of 18 years to possess or have under such person's control a pistol or revolver. A person convicted of a first violation of this subsection shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00 or by imprisonment for not more than 12 months, or both. A person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and shall be punished by a fine not to exceed of $5,000.00 or by imprisonment for not less than one nor more than a period of three years, or both.
(c) Except as otherwise provided in subsection (d) of this Code section, the provisions of subsection (b) of this Code section shall not apply to:
(1) Any person under the age of 18 years who is:
(A) Attending a hunter education course or a firearms safety course;
(B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction where such range is located;
(C) Engaging in an organized competition involving the use of a firearm or participating in or practicing for a performance by an organized group under 26 U.S.C. Section 501(c)(3) which uses firearms as a part of such performance;
(D) Hunting or fishing pursuant to a valid license if such person has in his or her possession such a valid hunting or fishing license if required; is engaged in legal hunting or fishing; has permission of the owner of the land on which the activities are being conducted; and the pistol or revolver, whenever loaded, is carried only in an open and fully exposed manner; or
(E) Traveling to or from any activity described in subparagraphs (A) through (D) of this paragraph if the pistol or revolver in such person's possession is not loaded;
(2) Any person under the age of 18 years who is on real property under the control of such person's parent, legal guardian, or grandparent and who has the permission of such person's parent or legal guardian to possess a pistol or revolver; or
(3) Any person under the age of 18 years who is at such person's residence and who, with the permission of such person's parent or legal guardian, possesses a pistol or revolver for the purpose of exercising the rights authorized in Code Section 16-3-21 or 16-3-23.
(d) Subsection (c) of this Code section shall not apply to any person under the age of 18 years who has been convicted of a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, or who has been adjudicated delinquent under the provisions of Article 1 of Chapter 11 of Title 15 for an offense which would constitute a forcible felony or forcible misdemeanor, as defined in Code Section 16-1-3, if such person were an adult."

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SECTION 7.

All laws and parts of laws in conflict with this Act are repealed.

Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 466.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Hamrick Harbison Y Hecht E Hill Y Hooks Huggins Y Jackson Y James Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 466.
The following bill was taken up to consider House action thereto:
SB 346. By Senators Lee of the 29th and Hecht of the 34th:
A bill to be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to change the provisions relating to the appointment, qualifications, classification, and compensation of assistant district attorneys; to change the provisions relating to the appointment of district attorney investigators; to change provisions relating to the employment and compensation of administrative, clerical, and paraprofessional personnel by district attorneys; to provide that nonstate paid personnel employed in district attorneys' offices shall serve at the pleasure of the district attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to change the provisions relating to the appointment, qualifications, classification, and compensation of assistant district attorneys; to change the provisions relating to the appointment of district attorney investigators; to change provisions relating to the employment and compensation of administrative, clerical, and paraprofessional personnel by district attorneys; to provide that nonstate paid personnel

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employed in district attorneys' offices shall serve at the pleasure of the district attorney; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, is amended by striking in its entirety Code Section 15-18-14, relating to assistant district attorneys, and inserting in lieu thereof the following:
"15-18-14.
(a)-As used in this Code section, the term:
(1)-'Active practice of law' means experience as an attorney engaged in the private practice of law or an attorney employed as such by a corporation, partnership, or government agency or an attorney employed on a full-time basis as a law clerk for a judge of a court of record. If an attorney shall have been disbarred, any period of practice of law prior to such disbarment shall not constitute active practice of law.
(2)-'Break in service' means a separation from service on a full-time basis as a prosecuting attorney or as an employee of the State of Georgia for a period of six months or more. Any such separation for a period of less than six months shall not constitute a break in service.
(3)-'Compensation of the district attorney' means the annual salary of the district attorney paid from state funds, excluding any local supplements to the state salary.
(4)-'LL.M. or S.J.D. degree' means a master's in law or doctorate in jurisprudence awarded:
(A)-By a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination; or
(B)-By a law school accredited by the American Bar Association or the Association of American Law Schools;
provided, however, that the course of study in law schools described in subparagraph (A) of this paragraph shall at least be equivalent in terms of hours and subject matter as the course of study offered in law schools described in subparagraph (B) of this paragraph, and the course of study offered in all law schools described in this paragraph shall have been approved by the Prosecuting Attorneys' Council of the State of Georgia.
(5)-'Prosecuting attorney' means a person who serves on a full-time basis as:
(A)-A district attorney;
(B)-An assistant district attorney, deputy district attorney, or other attorney appointed by a district attorney of this state;
(C) A solicitor-general or assistant solicitor-general of a state court;
(D)-A solicitor or assistant solicitor of a juvenile court of this state or any political subdivision thereof;
(E)-An attorney employed by the Attorney General of this state;
(F)-An attorney employed by the United States Department of Justice;
(G)-An attorney who holds elected or appointed office as or is employed by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the criminal law;

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(H)-An attorney employed by the Prosecuting Attorneys' Council of the State of Georgia;
(I)-An attorney employed as an assistant district attorney, pursuant to a contract with the Department of Human Resources, under Code Section 19-11-23 of Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act', and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act';
(J)-A third-year law student under the authority of Code Section 15-18-22 or as otherwise provided for by rule of the Supreme Court of Georgia; or
(K) An attorney serving on active duty with the armed forces of the United States, including the United States Coast Guard, with responsibility for the prosecution of offenses under the Uniform Code of Military Justice, as amended.
(6)-'State' includes the District of Columbia and any territory, possession, or dominion of the United States.
(b)(a)(1) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint:
(A) One attorney for each superior court judge authorized for the circuit, excluding senior judges, plus one additional attorney to assist the district attorney in the performance of the duties of the district attorney's office and consistent with their constitutional and statutory duties to protect the rights of victims of crimes as now or in the future may be defined by applicable law;
(B) Subject to the availability of funding and at the option of the Department of Human Resources, at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act,' and Article 3 of Chapter 11 of Title 19, the 'Uniform Interstate Family Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit; and
(C) Subject to funds being appropriated by the General Assembly or otherwise available for such purpose, such additional assistant district attorneys as may be authorized by the Prosecuting Attorneys' Council of the State of Georgia. In authorizing additional assistant district attorneys, the Prosecuting Attorneys' Council of the State of Georgia shall consider the case load, present staff, and resources available to each district attorney, and shall make such authorizations as will contribute to the efficiency of individual district attorneys and the effectiveness of prosecuting attorneys throughout the state in their efforts against criminal activity in the state.
(2) Subject to the provisions of this Code section and subject to such funds as may be appropriated by the General Assembly or which are otherwise available to the State of Georgia for such purpose, the district attorney in each judicial circuit shall appoint one additional assistant district attorney who shall prosecute, as directed by the district attorney, primarily cases involving violations of Article 2 of Chapter 13 of Title 16, known as the 'Georgia Controlled Substances Act.' This assistant district attorney shall be designated as a 'special drug prosecutor.' Such assistant district attorney shall be subject to the classification, compensation, benefits, policies, and personnel related provisions of subsections (c) (b) through (i) (f) of this Code section and Code Section 15-18-19. In the event that the funds appropriated or otherwise available in any fiscal year for purposes of this paragraph are sufficient to implement this paragraph in some but not all judicial circuits, the Judicial Prosecuting Attorneys' Council of the State of Georgia shall designate the judicial circuits in which this paragraph shall be implemented for such fiscal year.

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(c)(b) Each attorney appointed pursuant to subsection (b) (a) of this Code section shall be classified based on education, training, and experience. The classes of attorneys and the minimum qualifications required for appointment or promotion to each class shall be as follows: be established by the Prosecuting Attorneys' Council of the State of Georgia based on education, training, and experience, and in accordance with the provisions of Code Section 15-18-21 and subsection (c) of Code Section 15-18-19.
(1)-Assistant district attorney I. Meet the qualifications specified by subsection (b) of Code Section 15-18-21;
(2)-Assistant district attorney II. Meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member in good standing of the State Bar of Georgia engaged in the active practice of law for not less than three years or have been a prosecuting attorney for not less than two years;
(3)-Assistant district attorney III. Meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member in good standing of the State Bar of Georgia engaged in active practice of law for not less than four years or have been a prosecuting attorney for not less than three years; and
(4)-Assistant district attorney IV. Meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member of the State Bar of Georgia engaged in the active practice of law for not less than six years or have been a prosecuting attorney for not less than five years, at least two of which were as a prosecuting attorney of the State of Georgia or any of its political subdivisions or as a prosecuting attorney for the United States within the State of Georgia.
(d)(c) Except as otherwise provided in Code Section 15-8-15, each Each attorney appointed pursuant to this Code section shall be compensated based on a salary schedule provided for in subsection (e) of this Code section established in accordance with subsection (e) of Code Section 15-18-19. The salary range for each class established in accordance with subsection (c) (b) of this Code section shall be as follows:
(1) Assistant district attorney I. Not less than $27,696.00 nor more than 65 percent of the compensation of the district attorney;
(2) Assistant district attorney II. Not less than $30,552.00 nor more than 70 percent of the compensation of the district attorney;
(3) Assistant district attorney III. Not less than $37,140.00 nor more than 80 percent of the compensation of the district attorney; and
(4) Assistant district attorney IV. Not less than $42,966.00 nor more than 90 percent of the compensation of the district attorney.
(e)-Subject to the salary range established by subsection (d) of this Code section, the Prosecuting Attorneys' Council of the State of Georgia shall develop and promulgate a salary schedule for each class of attorney as provided in Code Section 15-18-19.
(f)(1)(d) All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the district attorney in writing in accordance with the provisions of Code Section 15-18-19.
(2)-The following requirements shall apply to the appointment of attorneys:
(A)-Except as otherwise provided by subparagraphs (B) through (F) of this paragraph and by Code Section 15-1819, all attorneys shall be appointed in the entry grade established for the class for which the district attorney determines they are qualified;
(B)-Any person who shall have successfully completed a prosecutorial clinic established at a law school accredited by the American Bar Association, which has been approved by the Prosecuting Attorneys' Council of the State of Georgia, may be appointed as an assistant district attorney I at the salary step which is one step above the entry step;

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(C)-Any person who shall have served as a peace officer of this state or of the United States on a full-time basis or shall have served as a forensic scientist of the Division of Forensic Sciences of the Georgia Bureau of Investigation or a comparable agency of the United States or any of the several states may be appointed as an assistant district attorney I at the salary step which is one step above the entry grade;
(D)-Any person employed as a prosecuting attorney by the Attorney General of this state, the Prosecuting Attorneys' Council of the State of Georgia, or the United States Department of Justice who is appointed to an attorney position without a break in service may be appointed to the appropriate class at the salary step which is one step above the annual salary received by such person on the last day of employment immediately preceding said appointment;
(E)-Any person who is appointed as a state paid assistant district attorney and who has attained, in addition to a J.D. or LL.B. degree, an LL.M. or S.J.D. degree may be appointed at a salary step which is two steps higher than the salary step for which such person is otherwise qualified; and
(F)-Any person who is eligible for appointment as assistant district attorney IV who has been engaged in the active practice of law for more than ten years may be appointed at a salary step above the entry level on the basis of one step for every three years of experience over ten years.
(3)-Except as provided in subsection (g) of this Code section, the provisions of paragraph (2) of this subsection shall not apply to personnel who transfer from a nonstate paid attorney position to a state paid position or to transfer from one district attorney's office to another.
(g)-Any person who is employed in a nonstate paid attorney position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the appropriate class at a salary step which is based on the number of years the person has served in the attorney position as if the person had been initially appointed pursuant to this Code section. Any person employed as a state paid attorney with a district attorney's office who accepts an appointment in another district attorney's office without a break in service shall be considered to have transferred and such transfer shall be to the same class at the same salary step.
(h)(e)(1) All salary advancements shall be based on quality of work, education, and performance.
(2) The salary of an attorney appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such attorney's appointment.
(3) Any attorney who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree by a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination or by a law school accredited by the American Bar Association or the Association of American Law Schools may be advanced two salary steps effective on the first day of the calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorney's class.
(i)(f) Any attorney appointed pursuant to this Code section may be promoted to the next highest class at any time the attorney meets the minimum qualifications provided for in subsection (c) of this Code section for such class, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the class from which the attorney is to be promoted. When an attorney is promoted to the next highest class, the attorney shall enter the higher class at the salary step which provides an annual salary nearest to, but greater than, the annual salary the attorney was receiving immediately prior to the promotion."
SECTION 2.
Said article is further amended in Code Section 15-18-14.1, relating to district attorney investigators, by striking in their entirety subsection (a) and paragraph (3) of subsection (e) and inserting in lieu thereof the following:
"(a) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint one investigator to assist the district attorney in the performance of his or her official duties in the preparation of cases for indictment or trial. Subject to funds being appropriated by the General Assembly or

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otherwise available for such purpose, the district attorney in each judicial circuit may appoint such additional district attorney investigators as may be authorized by the Prosecuting Attorneys' Council of the State of Georgia. In authorizing additional district attorney investigators, the Prosecuting Attorneys' Council of the State of Georgia shall consider the case load, present staff, and resources available to each district attorney, and shall make such authorizations as will contribute to the efficiency of individual district attorneys and the effectiveness of prosecuting attorneys throughout the state in their efforts against criminal activity in the state."
"(3) Any person who is employed as a peace officer by an agency of the executive branch of state government who is appointed as an investigator pursuant to this Code section without a break in service, as defined in Code Section 15-18-14, may be appointed to the salary step which is one step above the annual salary such person received on the last day of employment immediately preceding said appointment."
SECTION 3.
Said article is further amended by striking in its entirety Code Section 15-18-17, relating to the employment of secretaries by the district attorneys, and inserting in lieu thereof the following:
"15-18-17.
(a) Each district attorney is authorized to employ two legal secretaries such administrative, clerical, and paraprofessional personnel as may be authorized by the Prosecuting Attorneys' Council of the State of Georgia based on funds appropriated by the General Assembly or otherwise available for such purposes; provided, however, that each district attorney shall be authorized not less than two such personnel. In authorizing administrative, clerical, and paraprofessional personnel, the Prosecuting Attorneys' Council of the State of Georgia shall consider the case load, present staff, and resources available to each district attorney, and shall make such authorizations as will contribute to the efficiency of individual district attorneys and the effectiveness of prosecuting attorneys throughout the state in their efforts against criminal activity in the state.
(b)(1)-Except as otherwise provided in this subsection, legal secretaries Personnel appointed pursuant to this Code section shall be compensated based on a salary schedule developed in accordance with Code Section 15-18-19.
(2)-Any person who is employed in a nonstate paid secretarial position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the salary step which is based on the number of years the person has served in the secretarial position as if the person had been initially appointed pursuant to this Code section.
(3)-Any person who is employed as a state paid secretary to a superior court judge pursuant to Chapter 6 of this title and who is appointed as a legal secretary pursuant to this Code section without a break in service may be appointed to the salary step which is equal to the compensation such person received as a secretary for said judge.
(4)-Any person employed in a comparable clerical or secretarial position by an agency of this state who is appointed to a secretarial position pursuant to this Code section without a break in service may be appointed to the salary step which is one step above the annual salary received by such person on the last day of employment immediately preceding said appointment.
(5)-Any person employed as a legal secretary on July 1, 1997, shall be appointed to the appropriate step which provides an annual salary nearest to, but greater than, the annual salary such secretary was receiving on July 1, 1997.
(c) All personnel actions involving secretaries personnel appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 15-18-19."
SECTION 4.
Said article is further amended by striking subsection (b) of Code Section 15-18-20, relating to additional nonstate paid staff of the district attorneys, and inserting in lieu thereof the following:

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"(b) Personnel employed by the district attorney pursuant to this Code section shall serve at the pleasure of the district attorney and shall be compensated by the county or counties comprising the judicial circuit, the manner and amount of compensation to be paid to be fixed either by local Act or by the district attorney with the approval of the county or counties comprising the judicial circuit."

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed. Senator Lee of the 29th moved that the Senate agree to the House substitute to SB 346.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D E Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 346.
The following bill was taken up to consider House action thereto:
HB 1124. By Representatives Lane of the 146th, Morris of the 155th, Barnard of the 154th and DeLoach of the 172nd:
A bill to be entitled an Act to amend Article 1 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to fish, so as to provide that it shall be unlawful to possess, land, offer for sale, or sell in this state fish caught by gill net; to provide an exception; to repeal conflicting laws; and for other purposes.
The House amendment to the Senate amendment was as follows:
Amend the Senate amendment to HB 1124 by inserting at the end thereof the following:
"By striking line 4 of page 1 and inserting in lieu thereof the following:
'to land in this state certain'.

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By striking lines 32 through 34 of page 1 and lines 1 through 3 of page 2 and inserting in lieu thereof the following:

'(b) Except for sturgeon taken in accordance with subsection (d) of Code Section 27-4-91, it shall be unlawful to land in this state any of the species of fish enumerated in Code Section 27-4-130.1 which were taken by means of a gill net. For purposes of this subsection, "to land" fish means to bring the fish to shore in this state in the boat or vessel utilized in taking the fish by means of a gill net, regardless of the jurisdiction from which the fish were taken.'"

Senator Gillis of the 20th moved that the Senate agree to the House amendment to the Senate amendment to HB 1124.

On the motion, a roll call was taken , and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort
Gillis Y Gingrey Y Golden Y Guhl

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1124.
The following bill was taken up to consider House action thereto:
SB 340. By Senators Starr of the 44th and Hecht of the 34th:
A bill to be entitled an Act to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to change the conditions under which the state revenue commissioner shall not approve tax digests when certain assessments are under appeal or arbitration; to change certain provisions regarding the withholding of certain grants; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:

A BILL
To be entitled an Act to amend Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to approval of tax digests when assessments are in arbitration or under appeal, so as to clarify the intent of the General Assembly that the state revenue commissioner shall not approve a county tax digest in any year when a complete

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revaluation or reappraisal program is implemented when 5 percent or more of the property by assessed value in dispute is in arbitration or on appeal and 5 percent or more of the number of properties is in arbitration or on appeal; to change the conditions under which the state revenue commissioner shall not approve tax digests when certain assessments are under appeal or arbitration; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 48-5-304 of the Official Code of Georgia Annotated, relating to approval of tax digests when assessments are in arbitration or under appeal, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:

"(a) The commissioner shall not be required to disapprove or withhold approval of the digest of any county solely because appeals have been filed or arbitrations demanded on the assessment of any property or number of properties in the county. In such cases, the assessment or assessments fixed by the board of tax assessors shall be listed together with the return value on the assessments and forwarded in a separate listing to the commissioner at the time the digest is filed for examination and approval. The commissioner shall not approve any digest when the assessed value that is in dispute for any property or properties on appeal or in arbitration exceeds 3 percent of the total assessed value of the total taxable tangible digest of the county for the same year. In any year when a complete reevaluation revaluation or reappraisal program is implemented, the commissioner shall not approve a digest when 5 percent or more of the property, by assessed value in dispute is in arbitration or on appeal, or and 5 percent or more of the number of properties may be is in arbitration or on appeal. When the assessed value in dispute on any one appeal or arbitration exceeds 1.5 percent of the total assessed value of the total taxable digest of the county for the same year, such appeal or arbitration may be excluded by the commissioner in making his or her determination of whether the digest may be approved under the limitations of the Code section."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 340.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Hamrick Y Harbison Y Hecht Y Hill Y Hooks
Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N
Thomas,R Thompson Walker Y Williams

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On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 340.
The following bill was taken up to consider House action thereto:
SB 464. By Senators Stokes of the 43rd, Thompson of the 33rd and Tanksley of the 32nd:
A bill to be entitled an Act to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit certain discrimination against victims of family violence; to provide for related matters; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit certain discrimination against victims of family violence; to prohibit certain disclosures of family violence information; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, is amended in subsection (b) by striking the word "or" at the end of paragraph (13), by striking the period and inserting in its place "; or" at the end of paragraph (14) and by adding a new paragraph (15) to read as follows:
"(15)(A) As used in this paragraph:
(i) 'Family violence' means family violence as defined in Code Sections 19-13-1 and 19-13-20 and as limited by Code Section 19-13-1.
(ii) 'Confidential family violence information' means information about acts of family violence, the status of a victim of family violence, an individual's medical condition that the insurer knows or has reason to know is related to family violence, or the home and work addresses and telephone numbers of a subject of family violence.
(B) No person shall deny or refuse to accept an application; refuse to insure; refuse to renew; refuse to reissue; cancel, restrict, or otherwise terminate; charge a different rate for the same coverage; add a premium differential; or exclude or limit coverage for losses or deny a claim incurred by an insured on the basis that the applicant or insured is or has been a victim of family violence or that such person knows or has reason to know the applicant or insured may be a victim of family violence; nor shall any person take or fail to take any of the aforesaid actions on the basis that an applicant or insured provides shelter, counseling, or protection to victims of family violence.
(C) No person shall request, directly or indirectly, any information the person knows or reasonably should know relates to acts of family violence or an applicant's or insured's status as a victim of family violence or make use of such information however obtained, except for the limited purpose of complying with legal obligations, verifying an individual's claim to be a subject of family violence, cooperating with a victim of family violence in seeking protection from family violence, or facilitating the treatment of a family violence related medical condition. When a person has information in their possession that clearly indicates that the insured or applicant is a subject of family violence, the disclosure or transfer of the information by a person to any person, entity, or individual is a violation of this Code section, except:
(i) To the subject of abuse or an individual specifically designated in writing by the subject of abuse;

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(ii) To a health care provider for the direct provision of health care services;
(iii) To a licensed physician identified and designated by the subject of abuse;
(iv) When ordered by the Commissioner or a court of competent jurisdiction or otherwise required by law;
(v) When necessary for a valid business purpose to transfer information that includes family violence information that cannot reasonably be segregated without undue hardship. Family violence information may be disclosed pursuant to this division only to the following persons or entities, all of whom shall be bound by this subparagraph:
(I) A reinsurer that seeks to indemnify or indemnifies all or any part of a policy covering a subject of abuse and that cannot underwrite or satisfy its obligations under the reinsurance agreement without that disclosure;
(II) A party to a proposed or consummated sale, transfer, merger, or consolidation of all or part of the business of the person;
(III) Medical or claims personnel contracting with the person, only where necessary to process an application or perform the person's duties under the policy or to protect the safety or privacy of a subject of abuse; or
(IV) With respect to address and telephone number, to entities with whom the person transacts business when the business cannot be transacted without the address and telephone number;
(vi) To an attorney who needs the information to represent the person effectively, provided the person notifies the attorney of its obligations under this paragraph and requests that the attorney exercise due diligence to protect the confidential abuse information consistent with the attorney's obligation to represent the person;
(vii) To the policy owner or assignee, in the course of delivery of the policy, if the policy contains information about abuse status; or
(viii) To any other entities deemed appropriate by the Commissioner.
(D) It is unfairly discriminatory to terminate group coverage for a subject of family violence because coverage was originally issued in the name of the perpetrator of the family violence and the perpetrator has divorced, separated from, or lost custody of the subject of family violence, or the perpetrator's coverage has terminated voluntarily or involuntarily. If termination results from an act or omission of the perpetrator, the subject of family violence shall be deemed a qualifying eligible individual under Code Section 33-24-21.1 and may obtain continuation and conversion of such coverages notwithstanding the act or omission of the perpetrator. A person may request and receive family violence information to implement the continuation and conversion of coverages under this subparagraph.
(E) Subparagraph (C) of this paragraph shall not preclude a subject of family violence from obtaining his or her insurance records. Subparagraph (C) of this paragraph shall not prohibit a person from asking about a medical condition or a claims history or from using medical information or a claims history to underwrite or to carry out its duties under the policy to the extent otherwise permitted under this paragraph and other applicable law.
(F) No person shall take action that adversely affects an applicant or insured on the basis of a medical condition, claim, or other underwriting information that the person knows or has reason to know is family violence related and which:
(i) Has the purpose or effect of treating family violence status as a medical condition or underwriting criterion;
(ii) Is based upon correlation between a medical condition and family violence;

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(iii) Is not otherwise permissible by law and does not apply in the same manner and to the same extent to all applicants and insureds similarly situated without regard to whether the condition or claim is family violence related; or

(iv) Except for claim actions, is not based on a determination, made in conformance with sound actuarial and underwriting principles and guidelines generally applied in the insurance industry and supported by reasonable statistical evidence, that there is a correlation between the applicant's or insured's circumstances and a material increase in insurance risk.
(G) No person shall fail to pay losses arising out of family violence against an innocent first-party claimant to the extent of such claimant's legal interest in the covered property, if the loss is caused by the intentional act of an insured against whom a family violence complaint is brought for the act causing this loss.

(H) No person shall use other exclusions or limitations on coverage which the Commissioner has determined through the policy filing and approval process to unreasonably restrict the ability of victims of family violence to be indemnified for such losses.

(I) Any person issuing, delivering, or renewing a policy of insurance in this state at any time within a period of 24 months after the effective date of this paragraph shall include with such policy or renewal certificate a notice attached thereto containing the following language:
'NOTICE

The laws of the State of Georgia prohibit insurers from unfairly discriminating against any person based upon his or her status as a victim of family violence.'"

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

Senator Stokes of the 43rd moved that the Senate agree to the House substitute to SB 464.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N
Thomas,R Y Thompson
Walker Y Williams

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On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 464.

The following bill was taken up to consider House action thereto:

SB 309. By Senator Polak of the 42nd:

A bill to be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions regarding the assessment, evaluation, and revaluation of ad valorem taxes in any municipal corporation which lies in two or more counties of this state and in which the majority of the population of such municipal corporation resides within any county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census and which has an independent school system coextensive with its boundaries; to change certain provisions regarding municipalities contracting with county tax commissioners to assess and collect municipal taxes; to repeal conflicting laws; and for other purposes.

The House amendment was as follows:

Amend SB 309 (LC 18 0259S) by striking lines 6 through 10 of page 1 and inserting in their place the following:

"municipalities located in more than one county; to repeal certain"

By striking lines 20 through 43 of page 2 and inserting in their place the following:

"Said part is further amended by striking paragraph (4) of subsection (a) of Code Section 48-5-311, relating to county boards of equalization, and inserting in its place a new paragraph (4) to read as follows:

'(4)(A)(i) Until December 31, 1996, any municipal".

Senator Polak of the 42nd moved that the Senate agree to the House amendment to SB 309.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour N Blitch Y Bowen Y Broun
Brown Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Fort Y Gillis Gingrey Y Golden Y Guhl

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee
M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N
Thomas,R Y Thompson Y Walker
Williams

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On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 309.

The following bill was taken up to consider House action thereto:

SB 498. By Senator Smith of the 25th:

A bill to be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL

To be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

For purposes of this Act, the term:

SECTION 1.

(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Baldwin County including, but not limited to, taxes to retire bonded indebtedness but not including county school district ad valorem taxes for educational purposes.

(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property.
SECTION 2.

Each resident of Baldwin County is granted an exemption on that person's homestead from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of the amount exempted by this section shall remain subject to taxation.

SECTION 3.

The tax commissioner of Baldwin County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4.

The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a

Wednesday, March 22, 2000

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homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Baldwin County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 5.
The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes.
SECTION 6.
The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Baldwin County ad valorem taxes for county purposes.
SECTION 7.
The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2001.
SECTION 8.
Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Baldwin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Baldwin County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2000, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides for a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased for periods of not less than ten years to residents of that county?"

All persons desiring to vote for approval of this 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 this Act, then Sections 1 through 7 of this Act shall become of full force and effect on January 1, 2001, and shall be applicable to all taxable years beginning on or after January 1, 2001. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of 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 Baldwin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 9.

Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 10.

All laws and parts of laws in conflict with this Act are repealed.

Senator Smith of the 25th moved that the Senate agree to the House substitute to SB 498.

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On the motion, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun
Brown Brush N Burton Y Butler Cable N Cagle Y Cheeks Y Crotts Y Dean N Egan Fort Y Gillis N Gingrey Y Golden N Guhl

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt
Land Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

N Price,R N Price,T Y Ragan
Ray Scott Y Smith Y Starr N Stephens Y Stokes Y Streat Tanksley Tate N Thomas,D E Thomas,N Thomas,R Y Thompson Y Walker N Williams

On the motion, the yeas were 28, nays 15; the motion lost, and the Senate did not agree to the House substitute to SB 498.

The following bill was taken up to consider House action thereto:

SB 480. By Senators Walker of the 22nd, Dean of the 31st and Gillis of the 20th:

A bill to be entitled an Act to amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to change the courts required to impose fines for deposit in that fund; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL

To be entitled an Act to amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to change the courts required to impose fines for deposit in that fund; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, is amended by striking Code Section 15-21-149, relating to fines to be deposited in that fund, and inserting in its place the following:

"15-21-149.

(a) In every case in which any state court, superior court, or municipal court in this state shall impose a fine, which shall be construed to include costs, for any violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, or for violations of ordinances of political subdivisions which have adopted by

Wednesday, March 22, 2000

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reference Code Section 40-6-391, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine.

(b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund any amount required to be paid into any pension, annuity, or retirement fund under Title 47 or any other law and in addition to any other amounts provided for in this chapter."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

Senator Walker of the 22nd moved that the Senate agree to the House substitute to SB 480.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown
Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue
Polak

Y Price,R Y Price,T
Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes
Streat Y Tanksley
Tate Y Thomas,D E Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 480.
The following resolution was taken up to consider House action thereto:
SR 411. By Senators Starr of the 44th, Scott of the 36th, Johnson of the 1st and others:
A resolution proposing an amendment to the Constitution so as to allow the Governor to appoint a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
The House substitute was as follows:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for selection of a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make

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editorial revisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article II, Section III, Paragraph II of the Constitution is amended by striking the Paragraph in its entirety and inserting in its place a new Paragraph to read as follows:
"Paragraph II. Suspension upon felony conviction. Upon initial conviction of any public official designated in Paragraph I of this section for any felony in a trial court of this state or the United States, regardless of whether the officer has been suspended previously under Paragraph I of this section, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Paragraph, he or she shall not be entitled to receive the compensation from his or her office. If, during the remainder of the elected official's term of office, the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immediately reinstated to the office from which he or she was suspended and shall be entitled to receive any compensation withheld under the provisions of this Paragraph. Unless the Governor is the public official under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement official except in the case of a member of the General Assembly. If the public officer under suspension is a member of the Senate, then a replacement member for the duration of the suspension under this Paragraph shall be appointed by the Governor subject to confirmation by the Senate. If the public officer under suspension is a member of the House of Representatives, then a replacement member for the duration of the suspension shall be elected as now or hereafter provided by law, in a manner the same as or similar to the election of a member to fill a vacancy in the House of Representatives but to serve only for the duration of the suspension. If the Governor is the public officer under suspension, the provisions of Article V, Section I, Paragraph V of this Constitution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. The provisions of this Paragraph shall not apply to any conviction rendered prior to January 1, 1987."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide for selection of a replacement for any member of the General Assembly who has been initially convicted of a felony?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senator Starr of the 44th moved that the Senate agree to the House substitute to SR 411.
Senator Perdue of the 18th moved that the Senate agree to the House substitute to SR 411 as amended by the Senate.
The motion to agree to the House substitute as amended by the Senate takes precedence.

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The Senate amendment #1was as follows:

Amend the House substitute to SR 411 by striking line 25 of page 2 and inserting in lieu thereof the following:

"initially convicted of a felony, rather than allowing the people to elect a replacement for such a member of the General Assembly?' ".

Senator Perdue of the 18th asked unanimous consent that his motion be withdrawn. The consent was granted, and the motion was withdrawn.

Senator Crotts of the 17th moved that the Senate agree to the House substitute to SR 411 as amended by the Senate.

The motion to agree to the House substitute as amended by the Senate takes precedence.

The Senate amendment #2 was as follows:
Amend the House substitute to SR 411 by striking lines 33 through 37 on page 1 and inserting in lieu thereof the following:

"under suspension is a member of the Senate or House of".

By striking "House of Representatives" and inserting in its place "General Assembly" on line 5 of page 2.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean Y Egan N Fort N Gillis
Gingrey N Golden Y Guhl

Y Hamrick N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N M V Bremen N Madden N Marable Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray N Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D E Thomas,N N Thomas,R N Thompson N Walker Y Williams

On the motion, the yeas were 21, nays 32; the motion lost, and the Senate did not agree to the House substitute to SR 411 as amended by the Senate.

On the motion by Senator Starr of the 44th to agree to the House substitute, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun

N Hamrick Y Harbison Y Hecht Y Hill

N Price,R N Price,T Y Ragan N Ray

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Y Brown N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean N Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt
Land Y Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat N Tanksley Y Tate N Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the motion, the yeas were 33, nays 21. The motion, having failed to receive the requisite two-thirds constitutional majority, was lost and the Senate did not agree to the House substitute to SR 411.

The following bill was taken up to consider House action thereto:

SB 289. By Senator James of the 35th:

A bill to further define and prescribe the powers and duties of the East Point Business and Industrial Development Authority, which was established by that proposed amendment to the Constitution of the State of Georgia of 1945, which was ratified in the 1976 general election; to further regulate the management and conduct of the authority; to provide for related matters; to provide for an effective date.

The House substitute was as follows:

A BILL

To be entitled an Act to further define and prescribe the powers and duties of the East Point Business and Industrial Development Authority, which was established by that proposed amendment to the Constitution of the State of Georgia of 1945 (Ga. L. 1975, p. 1705), which was ratified in the 1976 general election; to further regulate the management and conduct of the authority; 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.

The East Point Business and Industrial Development Authority was created by an amendment to the Constitution of the State of Georgia of 1945 by an Act adopted during the 1975 Session of the General Assembly and ratified in the 1976 general election. This amendment was specifically continued as part of the Constitution of the State of Georgia of 1983 pursuant to an Act approved March 25, 1986 (Ga. L. 1986, p. 4461). Section 3 of that amendment, as amended, provided that the number of members of the authority or the manner in which the members are selected may be changed by an Act of the General Assembly. Section 32 of that amendment provides that the General Assembly may by law further define and prescribe the powers and duties of the authority and the exercise thereof, may enlarge and restrict the same, and may further regulate the management and conduct of the authority. This Act is enacted pursuant to the specific authorization of Sections 3 and 32 of that amendment to the Constitution.

SECTION 2.

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The membership and government of the authority shall be as follows:
(1) Membership. The authority shall be constituted of nine members, one of whom shall be the Mayor of the City of East Point or the mayor's designee who shall be a resident of the City of East Point.
(2) Qualifications. All persons who have resided within the limits of the City of East Point for at least six months immediately preceding are eligible for appointment to the authority.
(3) Composition and appointment. The remaining eight members of the authority shall be selected by members of the city council with each member of the city council being entitled to appoint in open meeting one person to the authority. Each initial appointment made pursuant to this Act shall be for a term ending concurrently with the expiration of the respective appointing councilmember's term of office. Thereafter, each successor shall be appointed for a four-year term and until his or her successor has been appointed. Any member of the authority may be appointed as successor. The members of the authority shall enter upon their duties immediately after such appointment. The authority shall elect from among its members a chairperson and vice chairperson for annual terms and until their successors are elected. The authority shall elect a secretary-treasurer, which person need not be a member of the authority, and, if not a member, such person shall have no voting rights. The secretary-treasurer shall be selected to serve at the pleasure of the authority. No member of the authority shall hold more than one office, except that member holding a office of secretary-treasurer. Five members of the authority shall constitute a quorum. A majority of the members shall be empowered to exercise the rights and perform all the duties of the authority, and no vacancies on the authority shall impair the right of the quorum to act. In the event of a vacancy on the authority through death, resignation, or otherwise, the same shall be filled for the unexpired term by the member of the city council entitled originally to make such appointment. The city council by an affirmative vote of five of its members and after due notice and a hearing may remove any member, except the mayor or his or her designee, from the authority for cause. The authority shall adopt bylaws not inconsistent with statute, the city charter, or ordinances to regulate its own government. The authority shall have perpetual existence.
(4) Compensation. Each member of the authority shall be compensated by the City of East Point in an amount and upon such terms as are set by the city council.
SECTION 3.
The powers of the authority are further defined as follows:
(1) Support staff. In lieu of the employment by the authority of an executive director or one or more employees, the city council may provide for staff support to the authority through the city manager. Subject to the oversight and administrative control of the city manager, such designated staff support personnel may be utilized by the authority for its purposes. The chairperson of the authority shall advise the city manager as necessary on the responsibilities and performances of designated personnel.
(2) Funds. Funds of the authority shall be maintained in the accounts of the City of East Point. Such accounts shall be identified as authority accounts, and any expenditures therefrom shall be approved by the authority. The city shall provide an accounting of funds annually and as requested by the authority.
(3) Real property. The city council may by resolution declare that any parcel of real property owned by the authority is needed by the city for a public purpose. Upon the adoption of such a resolution, the authority shall by appropriate deed transfer such property to the city. Except as otherwise provided by the city council, such transfer shall be without recompense unless as required in order to preserve or accomplish any donative intent associated with the property.
SECTION 4.
This Act shall in no manner affect existing contracts and obligations.
SECTION 5.

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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.

Senator James of the 35th moved that the Senate agree to the House substitute to SB 289.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable
Perdue Y Polak

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Tate Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 289.

The following bill was taken up to consider House action thereto:

HB 1306. By Representatives Davis of the 132nd, Jamieson of the 22nd, Taylor of the 134th and others:

A bill to be entitled an Act to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions applicable to HOPE scholarships and grants, so as to change the definition of the term "eligible high school"; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Senator Harbison of the 15th moved that the Senate recede from its substitute to HB 1306.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton
Butler Y Cable

Y Hamrick Y Harbison Y Hecht Y Hill
Hooks Y Huggins Y Jackson Y James Y Johnson,E

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens
Stokes

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Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable
Perdue Y Polak

Y Streat Tanksley Tate Thomas,D
E Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate receded from its substitute to HB 1306.

The following bill was taken up to consider House action thereto:

SB 228. By Senators Hecht of the 34th, Thompson of the 33rd, Lee of the 29th and others:

A bill to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to change the provisions relating to the granting of new trials; to provide that under certain conditions judges shall make written findings of fact and conclusions of law with respect to motions for new trial in criminal cases.

The House substitute was as follows:

A BILL

To be entitled an Act to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to change the provisions relating to the granting of new trials; to provide for certain appeals from the superior courts, state courts, City Court of Atlanta, and juvenile courts; to provide for powers of the City Court of Atlanta and juvenile courts; to provide under what circumstances the state is allowed to appeal orders, decisions, and judgments in criminal cases and in adjudication of delinquency cases; to repeal certain provisions relating to the right of the state to direct appeal in certain adjudication of delinquency cases; 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.

Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking in its entirety subsection (a) of Code Section 5-5-1, relating to the power of probate, superior, state, and city courts, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) The superior, state, and city and juvenile courts and the City Court of Atlanta shall have power to correct errors and grant new trials in cases or collateral issues in any of the respective courts in such manner and under such rules as they may establish according to law and the usages and customs of courts."

SECTION 2.
Said title is further amended by striking in its entirety Code Section 5-7-1, relating to orders, decisions, or judgments appealable and defendant's right to cross appeal, and inserting in lieu thereof a new Code Section 5-7-1 to read as follows:

"5-7-1.

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(a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court of Atlanta, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases and adjudication of delinquency cases in the following instances:

(1) From an order, decision, or judgment setting aside or dismissing any indictment, or accusation, or petition alleging that a child has committed a delinquent act or any count thereof;

(2) From an order, decision, or judgment arresting judgment of conviction or adjudication of delinquency upon legal grounds;

(3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy;

(4) From an order, decision, or judgment sustaining a motion to suppress suppressing or excluding evidence illegally seized or excluding the results of any test for alcohol or drugs in the case of motions made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first; or

(5) From an order, decision, or judgment of a court where the court does not have jurisdiction or the order is otherwise void under the Constitution or laws of this state; or

(6) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to subparagraph (b)(2)(B) of Code Section 15-11-5 15-11-28.

(b) In any instance in which any appeal is taken by and on behalf of the State of Georgia in a criminal case, the defendant shall have the right to cross appeal. Such cross appeal shall be subject to the same rules of practice and procedure as provided for in civil cases under Code Section 5-6-38."

SECTION 3.

Said title is further amended by striking and repealing in its entirety Code Section 5-7-1.1, relating to right of state to direct appeal in certain delinquency cases, which reads as follows:

"5-7-1.1.

An appeal may be taken by and on behalf of the State of Georgia from the juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in delinquency cases in the following instances:

(1) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; or

(2) From an order, decision, or judgment sustaining a motion to suppress evidence illegally seized in the case of motions made and ruled upon prior to the first witness being sworn."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

Senator Hecht of the 34th moved that the Senate agree to the House substitute to SB 228.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen

Hamrick Harbison Y Hecht

Y Price,R Y Price,T Y Ragan

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Y Broun Y Brown Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden Y Guhl

Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable
Perdue Y Polak

Y Ray Y Scott
Smith Starr Y Stephens Y Stokes Y Streat Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Walker Y Williams

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 228.

The following resolution was taken up to consider House action thereto:

SR 490. By Senators Starr of the 44th, Walker of the 22nd and Golden of the 8th:

A resolution creating the Blue Ribbon Commission on State Government Decentralization; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes.

The House amendment was as follows:

Amend SR 490 as follows:

Insert after "Senator." on line 26, page 2:
The commission shall report on its progress to the 2001 and the 2002 sessions of the General Assembly, and shall set targets for the number of state positions to be moved out of metropolitan Atlanta.
Senator Golden of the 8th moved that the Senate agree to the House amendment to SR 490.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton
Butler Cable Y Cagle Y Cheeks Y Crotts Y Dean N Egan Y Fort

Hamrick Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen

Y Price,R Y Price,T
Ragan Y Ray Y Scott
Smith Starr Y Stephens Y Stokes Y Streat Y Tanksley Tate Y Thomas,D E Thomas,N Thomas,R

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Y Gillis Y Gingrey Y Golden Y Guhl

Y Madden Y Marable Y Perdue Y Polak

Y Thompson Walker
Y Williams

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SR 490.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following resolution of the House:

HR 1053.

By Representative Bailey of the 93rd:

A resolution compensating Mr. Calvin C. Johnson, Jr.

The Speaker has appointed on the part of the House, Representatives Bailey of the 93rd, Epps of the 131st and Jenkins of the 110th.

The House has disagreed to the Senate amendments to the following bills of the House:

HB 1361.

By Representatives Lucas of the 124th, Snow of the 2nd, Skipper of the 137th and others:

A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Ethics in Government Act," so as to require newspapers and other companies which accept paid political advertisements to maintain certain records concerning the identity of persons purchasing such advertisements.

HB 1206.

By Representatives Scheid of the 17th, Stuckey of the 67th, Squires of the 78th and others:

A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide training requirements for clerks of the juvenile courts; to provide for clerks pro tempore.

The House insists on its position in substituting the following bills of the Senate:

SB 462.

By Senators Hecht of the 34th and Starr of the 44th:

A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered without prior approval; to provide for duties of the Secretary of State regarding applications for registration; to repeal conflicting laws.

SB 297.

By Senators Brown of the 26th, Ladd of the 41st, Polak of the 42nd and others:

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A bill to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change certain references relating to cruelty to animals; to include a certain reference relating to animal fighting; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to revise comprehensively the law relating to the offense of cruelty to animals; to repeal conflicting laws.

The House insists on its position in amending the following bill of the Senate:

SB 349.

By Senators Crotts of the 17th, Harbison of the 15th, Price of the 56th and others:

A bill to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, so as to change the provisions relating to special license plates for military reservists and provide for identifying the branches of the reserve and for retired reservists; to change the provisions relating to proof of eligibility for certain members and retired members of the National Guard; to repeal conflicting laws.

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 837.

By Representative Bordeaux of the 151st:

A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for trespass upon or damage to realty accrues.

The Speaker has appointed on the part of the House, Representatives Bordeaux of the 151st, Martin of the 47th and Davis of the 60th.

The House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:

SB 45.

By Senator Ragan of the 11th:

A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain military service for persons who became members of such retirement system prior to July 1, 1982, so as to provide that persons otherwise eligible to receive creditable service for military service during the Vietnam Conflict may do so by making application prior to December 31, 2000.

SB 413.

By Senators Tanksley of the 32nd, Thompson of the 33rd and Hecht of the 34th:

A bill to be entitled an Act to amend Code Section 16-14-7 of the Official Code of Georgia Annotated, relating to forfeiture proceedings involving racketeer influenced and corrupt organizations, so as to change a provision relating to the disposition of net proceeds from such a forfeiture; to repeal conflicting laws.

The following bill was taken up to consider House action thereto:

SB 489. By Senators Jackson of the 50th, Lee of the 29th and Butler of the 55th:

A bill to be entitled an Act to amend Code Section 42-2-8 of the Official Code of Georgia Annotated, relating to the additional duties of the commissioner of corrections, so as to provide that the commissioner is authorized to accept on behalf of and for the benefit of the Department of Corrections gifts, grants, donations, property, and services; to provide an effective date; to repeal conflicting laws; and for other purposes.

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The House amendment was as follows:

Amend SB 489 by striking from lines 3 and 4 on page 1 and lines 7 and 8 on page 2 the following:

"Board of Commissioners",

and inserting in each such place the following:

"Board of Corrections".

Senator Jackson of the 50th moved that the Senate agree to the House amendment to SB 489.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown
Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Hamrick Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Lee M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott
Smith Starr Y Stephens Y Stokes Y Streat Tanksley Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Walker Y Williams

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 489.

The following resolution was taken up to consider House action thereto:

SR 472. By Senator Thompson of the 33rd:

A resolution designating the Dewey D. Vaughn Memorial Bridge; and for other purposes.

The House substitute was as follows:

A RESOLUTION

Designating the Dewy D. Vaughn Memorial Bridge; and for other purposes.

WHEREAS, Dewey David Vaughn was an esteemed and valued member of the community of Austell, Georgia; and

WHEREAS, he first moved to Austell in the 1920's; and

WHEREAS, in the early 1930's, he moved to what is now 5600 Austell Powder Springs Road, where he remained until his death in 1984; and

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WHEREAS, he was a well-respected and popular businessman having successfully operated Vaughn's Barber Shop for over 55 years; and

WHEREAS, he served admirably as a member of the Austell City Council from 1953 to 1955 and was instrumental in helping to establish the Austell Gas System; and

WHEREAS, he loved his community and served it well, and it is abundantly appropriate that he be remembered and honored.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Springs Creek at Highway 278 in Austell, Georgia, be designated as the Dewey D. Vaughn Memorial Bridge.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate locations designating such bridge.

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the family of Dewey D. Vaughn and the commissioner of transportation.

Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SR 472.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen
Broun Y Brown
Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 472.

The following bill was taken up to consider House action thereto:

SB 69.

By Senators Roberts of the 30th, Madden of the 47th, Hooks of the 14th and others:

A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to display of motor vehicle driver's license in lieu of bail, recognizance, or incarceration in certain cases, so as to change provisions specifying the cases in which such substitution is permissible; to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of

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motor vehicle liability insurance policies, so as to provide for certain policy issuance, renewal, or replacement reporting requirements.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 16-9-5 of the Official Code of Georgia Annotated, relating to counterfeit or false proof of insurance document, so as to redefine a term; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to keeping of records of applications for motor vehicle drivers' licenses and information on licensees and furnishing of information; to change certain provisions relating to notice and procedure upon notice of insurance cancellation, lapse fee, suspension of license, and restricted driving permits; to provide for certain motor vehicle liability insurance reporting requirements for insurers; to change certain provisions relating to proof of insurance required and penalty; to change certain provisions relating to insurance requirements for operation of motorcycles; to provide legislative findings and declarations; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
(a) The General Assembly finds that a significant number of motor vehicle owners in this state fail to meet the requirements of existing law for minimum motor vehicle liability insurance. The General Assembly finds further that enforcement of such requirements is made difficult by existing methods and procedures for tracking insurance coverage and providing proof of insurance.
(b) The General Assembly declares that the purpose of this Act is to improve enforcement of minimum motor vehicle liability insurance requirements by providing the Department of Public Safety with updated information from insurers regarding those vehicles for which minimum motor vehicle liability insurance coverage is in effect, which information may be made accessible to law enforcement officers throughout the state, all without hampering the underwriting activities of any insurer or changing existing penalties for operating a motor vehicle without minimum liability insurance coverage.
SECTION 2.
Code Section 16-9-5 of the Official Code of Georgia Annotated, relating to counterfeit or false proof of insurance document, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) As used in this Code section, the term 'proof of insurance document' means any card, paper, or other document issued by, on behalf of, or purportedly on behalf of an insurer to a motor vehicle policyholder or applicant for motor vehicle coverage, which document is designed to constitute proof or evidence of the minimum motor vehicle liability insurance required by law for the purposes of Code Section 40-6-10."
SECTION 3.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subparagraph (c)(1)(B), paragraph (1) of subsection (d), and subsection (j) of Code Section 40-5-2, relating to keeping of records of applications for motor vehicle drivers' licenses and information on licensees and furnishing of information, and inserting in lieu thereof the following:
"(B)(i) Pursuant to a written request or a request made in accordance with a contract with the department's designated provider of electronic records for immediate on-line electronic furnishing of information, for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph division shall be limited to name, address, driver identification

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number, and medical or disability information. The person who makes a written request for a driver's operating record shall identify himself or herself and shall have certified or affirmed that the information contained in the record will be used only for the purpose specified in the request. Further, the person making the request shall certify or affirm that he or she has on file an application for insurance or for the renewal or amendment thereof involving the driver or drivers; or
(ii) For the purpose of ascertaining necessary rating information by an insurance agent pursuant to an insurer's contract with the department's designated provider of electronic records for the immediate on-line electronic furnishing of limited rating information to such insurer's agents. Limited rating information furnished under this division shall include only the number of violations of Code Section 40-6-391, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, and the number and type of other moving traffic violations which were committed by the proposed insured driver or drivers within the immediately preceding three or five years, which period shall be specified by the person making the request. The provisions of division (i) of this subparagraph notwithstanding, no other information concerning a driver's operating record shall be released to such agents for purposes of rating;"
"(d)(1) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information; and except that such approval shall not be required for any release or disclosure of information made electronically through the department's designated provider of electronic records in accordance with a contract authorized by subparagraph (c)(1)(B) of this Code section. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof."
"(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section. The department is further and the GeorgiaNet Authority or any other departmentally designated provider of electronic records are each authorized to charge a reasonable fee charge reasonable fees to defray its costs incurred in affording access to or disseminating information from its records or data bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00; and provided, further, that the fee for furnishing the limited information provided for purposes of insurance rating pursuant to division (c)(1)(B)(ii) of this Code section shall not exceed 20 percent of the fee for furnishing the abstract of a driver's record."
SECTION 4.
Said title is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-71, relating to notice and procedure upon notice of insurance cancellation, lapse fee, suspension of license, and restricted driving permits, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term:
(1) 'Commercial vehicle policy' means a policy of motor vehicle liability insurance insuring a motor vehicle that is rated or insured as a business use or commercial use vehicle or is licensed by the state as a commercial vehicle, except that such term shall not include any policy issued to a named insured who is a natural person.
(2) 'Terminate' or 'termination' means actual cessation of insurance coverage for any reason, including without limitation cancellation, nonrenewal, or nonpayment of premium, and without regard to whether such cessation was preceded by any extension or grace period allowed by the insurer.
(a)(1)(a.1)(1)(A) For purposes of aiding in the enforcement of the requirement of minimum motor vehicle liability insurance, any insurer issuing or renewing in this state any policy of motor vehicle liability insurance required by Chapter 34 of Title 33 shall within 30 days after the date the insurance agent binds the coverage or on the date such coverage was renewed, whichever is applicable, provide notice of such insurance coverage by electronic

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transmission to the Department of Public Safety; except that once coverage data has been electronically transmitted to the Department of Public Safety, there shall be no requirement to report on subsequent renewals of that coverage. Insurance coverage information included in such notice of issue or renewal shall be limited exclusively to vehicle identification number and policy effective date. The department shall not require the name of the insurer or the policy limits to be disclosed for purposes of this subparagraph.
(B) In cases in which the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33 is canceled within 180 days of the effective date of the policy of insurance terminates, the insurer, within 15 days after the date on which the policy cannot be reinstated to maintain coverage continuously in force, shall by electronic transmission notify the Department of Public Safety in the form specified by the department of such cancellation and the reason for such cancellation coverage termination on or before the date coverage ends. Insurance coverage termination information included in such notice shall include vehicle identification number and the date of coverage termination. 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.
(C) The commissioner of public safety shall notify the Commissioner of Insurance quarterly of any and all notices of cancellation sent to the Department of Public Safety by any insurer in violation of the regulation of the Department of Public Safety defining a cancellation violations of the notice requirements of this paragraph by any insurer, and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension or revocation of an agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the Commissioner of Insurance is the same as is authorized by law to impose Code Section 33-2-24 for violations of Title 33; provided, however, that there shall be no private cause of action against an insurer for civil damages for providing information, failing to provide information, or erroneously providing information pursuant to this Code section. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.
(2) The Department of Public Safety shall, by regulation, define cancellation prescribe the form and manner of electronic transmission for the purposes of insurers sending the notices required by this Code section and the department's definition which shall in no way be construed as modifying the provisions of Code Section 33-24-45.
(3) Notwithstanding the provisions of paragraph (1) of this subsection, any irregularities in the notice to the Department of Public Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation.
(4) The provisions of this subsection shall not apply to any commercial vehicle policy.
(b)(1) Upon After receipt of notification of cancellation coverage termination, if the department does not on or before the effective date of such termination receive notice from an insurer that new minimum insurance coverage for such motor vehicle has been issued, the department shall send a notice to the owner of the motor vehicle stating that the department has been informed of the fact of the cancellation coverage termination and informing such owner of the penalties outlined in this Code section.
(2) Upon receipt of the department's notice, it shall be the duty of the owner of such motor vehicle to respond on the form provided by the department and to provide proof that minimum insurance coverage has been obtained or is no longer required and to provide any other information relating to such insurance coverage requested by the department.
(3) The owner shall furnish such information to the department within 30 days of the date on which the notification was mailed by the department.
(c)(1) If the owner responds within the specified time period and indicates that minimum insurance coverage is in effect, but there has been a lapse of coverage, the owner shall remit a $25.00 lapse fee to the department with the form providing proof of minimum insurance coverage. Supplying the form in this case without the lapse fee will result in suspension of the driver's license as if the form had not been returned in a timely manner as provided in paragraph (3) of this subsection.

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(2) If the owner responds within the specified time period and indicates does not indicate that minimum insurance coverage is not in effect or is no longer required, the owner's driver's license shall be suspended immediately by the department. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having minimum insurance coverage, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension shall terminate, and the department shall return the driver's license to the owner of the motor vehicle.
(3) If the owner does not respond within the specified time period, the department shall suspend the owner's driver's license. Upon demand of the department, the owner shall forward the driver's license to the department. When the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail, the suspension period shall terminate and the department shall return the driver's license to the owner of the motor vehicle; provided, however, that for any owner whose driver's license has been suspended pursuant to this paragraph who provides satisfactory proof of continuous minimum insurance coverage, the commissioner may waive the lapse fee and the restoration fee, and the owner shall not be deemed to have violated Code Section 40-5-121.
(4) In the event of a second or subsequent offense under this Code section during any five-year period, the department shall suspend the driver's license for a period of 90 days. Upon demand of the department, the owner shall forward the driver's license to the department. After the 90 day suspension period and when the owner provides proof of having prepaid a six-month minimum insurance policy, pays a lapse fee of $25.00, and pays a restoration fee of $60.00 or $50.00 when processed by mail to the department, the suspension shall terminate, and the department shall return the driver's license to the owner of the motor vehicle."
SECTION 5.
Said title is further amended by striking subsection (a) of Code Section 40-6-10, relating to proof of insurance required and penalty, and inserting in lieu thereof the following:
"(a)(1) The owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. A if:
(A) The policy providing such coverage was applied for within the last 30 days, in which case a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage;
(B) The vehicle is operated under a rental agreement, in which case a duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage. If the ; or
(C) The owner acquired ownership of the motor vehicle in question within the past 20 days, in which case if the type of proof described in subparagraph (A) of this paragraph is not applicable but and the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then proof or evidence of a copy of the insurer's declaration of coverage under the policy providing such required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle in question, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle in question within the past 20 days.;
provided, however, that the requirements of this paragraph shall not apply to the owner or operator of any vehicle for which the records of the Department of Public Safety indicate that required minimum insurance coverage is currently effective. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. Except as otherwise provided in paragraph (4) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both.

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(2)(A) Insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17.
(B) Every law enforcement officer in this state shall request the operator of a motor vehicle subject to the provisions of paragraph (1) of this subsection to produce proof or evidence of required minimum insurance coverage every time the law enforcement officer requests the presentation of the driver's license of the operator of the vehicle.
(3) If the owner or operator of a motor vehicle subject to the provisions of paragraph (1) of this subsection fails to show proof or evidence of required minimum insurance, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance and shall take possession of the driver's license and forward it to a court of competent jurisdiction. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance.
(4) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court shall return the driver's license upon payment of a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the driver's license of such person shall not be suspended.
(5)(A) For purposes of this Code section up to and including August 31, 2001, a valid insurance card shall be sufficient proof of insurance for any vehicle.
(B) For purposes of this Code section on and after September 1, 2001, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a commercial vehicle policy as defined in Code Section 40-571.
(C) For any vehicle covered under a policy of motor vehicle liability insurance that is not a commercial vehicle policy as defined in Code Section 40-5-71, the insurer shall issue a policy information identification card which shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; provided, however, that on and after September 1, 2001, any such policy information identification card shall not be sufficient proof of insurance for any purposes of this Code section."
SECTION 5A.
Said title is further amended by striking subsection (b) of Code Section 40-6-10, relating to proof of insurance required and penalty, and inserting in lieu thereof the following:
"(b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive. An owner or operator of a motor vehicle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department."
SECTION 6.
Said title is further amended by striking Code Section 40-6-11, relating to insurance requirements for operation of motorcycles, and inserting in lieu thereof the following:
"40-6-11.

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(a) For the purposes of this Code section, 'motorcycle' means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding a tractor and a moped.
(b) No owner of a motorcycle or any other person, other than a self-insurer as defined in Chapter 34 of Title 33, shall operate or authorize any other person to operate the motorcycle unless the owner has liability insurance on the motorcycle equivalent to that required as evidence of security for bodily injury and property damage liability under Code Section 40-9-37. Any person who violates this subsection shall be guilty of a misdemeanor.
(c) The operator of a motorcycle shall keep proof or evidence of the minimum insurance coverage required by this Code section in his or her immediate possession or on the motorcycle at all times when such person is operating the motorcycle but only under the same circumstances and of the same type as prescribed for operators of other motor vehicles in paragraph (1) of subsection (a) of Code Section 40-6-10. Any person who violates this subsection shall be subject to a fine not to exceed $25.00; however, there shall be no suspension of the person's operator's license or motor vehicle license tag for a violation of this subsection.
(d)(1) Insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17.
(2) Every law enforcement officer in this state shall request the operator of a motorcycle subject to the provisions of subsection (c) of this Code section to produce proof or evidence of minimum insurance coverage required by this Code section at any time the law enforcement officer requests the presentation of the driver's license of such operator."
SECTION 6A.
Said title is further amended by adding to Code Section 40-6-11, relating to insurance requirements for operation of motorcycles, a new subsection (e) to read as follows:
"(e) An owner or operator of a motorcycle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department."
SECTION 7.
This Act shall become effective on July 1, 2000, except that Sections 4, 5, 5A, 6, and 6A shall become effective on August 1, 2000.
SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.
Senator Madden of the 47th moved that the Senate agree to the House substitute to SB 69 as amended by the following amendment:
Amend the House substitute to SB 69 (LC 25 1689S) by striking lines 27 and 28 of page 2 and inserting in lieu thereof the following:
"GeorgiaNet Authority for immediate on-line electronic furnishing".
By striking lines 9 and 10 of page 3 and inserting in lieu thereof the following:
"an insurer's contract with the GeorgiaNet Authority for the".
By striking lines 39 and 40 of page 3 and inserting in lieu thereof the following:

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"made electronically through the GeorgiaNet Authority in accordance with a".

By striking lines 6 and 7 of page 4 and inserting in lieu thereof the following:

"further and the GeorgiaNet Authority".

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen
Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 69 as amended by the Senate.

The following bill was taken up to consider House action thereto:

SB 499. By Senators Hill of the 4th, Cheeks of the 23rd and Kemp of the 3rd:

A bill to be entitled an Act to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Charitable Solicitations Act of 1988," so as to provide for various matters relating to the registration and solicitation activities of charitable organizations and their paid solicitors and solicitor agents; to change the definition of the term "charitable organization" and define the terms "religious organization" and "solicitor agent"; to provide for the electronic filing of certain forms by paid solicitors; to require that an applicant for registration as a paid solicitor consent to a criminal background investigation in connection with his or her application; to change requirements relating to financial statements to be filed by paid solicitors; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL

To be entitled an Act to amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Charitable Solicitations Act of 1988," so as to provide for various matters relating to the registration and solicitation activities of charitable organizations and their paid solicitors and solicitor agents; to change the definition of the term "charitable organization" and define the terms "religious organization" and "solicitor agent"; to provide for the electronic filing of certain forms by paid solicitors; to require that an applicant for registration as a paid solicitor consent to a criminal background investigation in connection with his or her application; to change requirements

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relating to financial statements to be filed by paid solicitors; to establish a time limit for the Secretary of State to register applicants as paid solicitors or find that there are grounds for denial of registration; to provide that an applicant for registration as a paid solicitor may act as if registered after the expiration of such time limit unless and until the applicant is notified of deficiencies or grounds for denial of the application; to clarify the time in which amendments to a paid solicitor's registration must be made; to repeal a requirement relating to the Secretary of State's review of documents and providing notice of deficiencies to a paid solicitor; to change provisions relating to reporting by a paid solicitor regarding the results of a solicitation campaign; to require a paid solicitor to provide to a charitable organization detailed records regarding solicitation campaigns conducted on its behalf; to require persons who solicit contributions on behalf of charitable organizations as solicitor agents to register with the Secretary of State; to change the bonding requirements for registered paid solicitors; to provide for the electronic filing of registration statements by charitable organizations; to clarify the time in which amendments to a charitable organization's registration must be made; to change provisions relating to record keeping by registered charitable organizations; to provide that the Secretary of State may deny, suspend, or revoke registrations based on convictions for certain crimes relating to the person if the applicant or registrant proposes to be engaged in certain activities; to change a provision requiring the Secretary of State to vacate disciplinary actions imposed for failure to pay filing fees; to require solicitor agents to make certain disclosures to contributors; to require a paid solicitor to disclose that the solicitation is not being made by a volunteer; to change provisions relating to exemptions from compliance with the "Georgia Charitable Solicitations Act of 1988"; to make it unlawful for a paid solicitor to have physical possession or legal control of contributions without having complied with certain requirements relating to financial statements and bonds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 17 of Title 43 of the Official Code of Georgia Annotated, the "Georgia Charitable Solicitations Act of 1988," is amended in Code Section 43-17-2, relating to definitions, by striking paragraphs (2) and (12) through (13) and inserting in lieu thereof new paragraphs (2) and (12) through (15) to read respectively as follows:
"(2) 'Charitable organization' means any benevolent, philanthropic, patriotic, or eleemosynary (of, relating to, or supported by charity or alms) person, as that term is defined in this Code section, who solicits or obtains contributions solicited from the general public, any part of which contributions is used for charitable purposes; and any person who or which falsely represents himself or itself to be a charitable organization as defined by this paragraph. The term charitable organization shall not include religious agencies and organizations and charities, agencies, and organizations operated, supervised, or controlled by or in connection with a religious organization as defined in paragraph (12) of this Code section."
"(12) 'Religious organization' means an entity which:
(A) Conducts regular worship services; or
(B) Is qualified as a religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.
(12)(13) 'Solicitation,' 'solicitation of funds,' or 'solicit' means the request or acceptance directly or indirectly of money, credit, property, financial assistance, or any other thing of value to be used for any charitable purpose; and such act shall be a consumer act or practice or consumer transaction as defined by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975.'
(14) 'Solicitor agent' means any person, other than a charitable organization, paid solicitor, or commercial coventurer, who or which solicits charitable contributions for compensation. The term 'solicitor agent' shall not include any person who is an employee of a charitable organization which is either registered or exempt from registration under this chapter and who is neither supervised by, nor whose activities are directed by, any paid solicitor or its agent.

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(13)(15) 'State' means any state, territory, or possession of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands."
SECTION 2.
Said chapter is further amended by striking in its entirety Code Section 43-17-3, relating to the registration of paid solicitors, and inserting in lieu thereof a new Code Section 43-17-3 to read as follows:
"43-17-3.
(a) No paid solicitor shall solicit contributions on behalf of a charitable organization within or from this state, unless such paid solicitor is a registered paid solicitor pursuant to this Code section.
(b) A fundraising counsel who at any time has custody of contributions from a charitable solicitation on behalf of a charitable organization required to be registered pursuant to Code Section 43-17-5 must be registered as a paid solicitor and comply with the provisions of this Code section. Registration is not required for attorneys, accountants, investment counselors, and bankers who, solely incidental to their profession have custody of such funds pursuant to an escrow or trust agreement.
(c)(1) A paid solicitor shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may be renewed for additional one-year periods upon application and the payment of the fee.
(2) Applications for registration may be made by any person and shall be accompanied by the registration fee set forth in subsection (b) (d) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, which may include, in whole or in part, electronic filing, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this subsection paragraph and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State:
(A) The name of the applicant;
(B) The address of the principal place of business of the applicant and the addresses of all branch offices of the applicant in this state;
(C) The form of business organization; the date of organization of the applicant; and if the business entity is a corporation or limited partnership, the date it qualified to do business in Georgia;
(D) The names and business addresses of all general partners, limited partners, directors, affiliates, or executive officers of the applicant; if the applicant is a limited liability company, the names and business addresses of all members of the limited liability company; a statement of the limitations, if any, of the liability of any general partner, limited partner, director, member, affiliate, or executive officer; and a statement setting forth in chronological order the occupational activities of each such general partner, limited partner, director, member, affiliate, or executive officer during the preceding ten years;
(E) A brief description of the general character of the business conducted or proposed to be conducted by the applicant;
(F) A list of any other states in which the applicant is registered as a paid solicitor and, if registration of the applicant as a paid solicitor has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto;
(G) Whether the applicant or any general partner, limited partner, director, member, affiliate, or executive officer of such applicant has ever been subject to any injunction or disciplinary proceeding by any state agency involving any aspect of fund raising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fund raising, or has ever been convicted of or charged with a felony

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and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge; and
(H) Whether the applicant or any general partner, limited partner, director, member, affiliate, or executive officer of such applicant has ever been subject to an order, consent order, or any other disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings.; and
(I) Written consent to a criminal background investigation for the purpose of verification by the Secretary of State of information provided in the application.
(3) The applicant shall attach to the application for registration as a paid solicitor a financial statement as of a date within one year prior to the date of filing. If the paid solicitor has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement as of a date within one year prior to the date of filing If the paid solicitor will have physical possession or legal control over any contributions collected by it in or from this state on behalf of any charitable organization, the applicant shall attach to the application for registration as a paid solicitor a financial statement for the fiscal year of the applicant which ended within one year prior to the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the fiscal year preceding such last fiscal year. Such financial statement shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(4) When Within 15 business days after an applicant has fully complied with this subsection, the Secretary of State shall examine each paid solicitor's registration application, solicitation notice, and contract to determine whether the applicable requirements of this chapter relating to the same are satisfied and shall register such applicant as a paid solicitor unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant as a paid solicitor, he or she shall immediately notify the applicant of such registration. In the event the Secretary of State has not notified the applicant of deficiencies or grounds for denial of the application within such period, the applicant may conduct himself or herself in a manner as if registered until and unless such applicant is so notified.
(5) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and to any charitable organization who proposes to employ such applicant.
(6) Every registration under this Code section shall expire on December 31 of each year. The registration of a paid solicitor must be renewed each year by the submission of a renewal application containing the information required in an application for registration, except to the extent that the Secretary of State by rule does not require the resubmission of such information which has not previously been included in an application or renewal application previously filed,; by the payment of the proper registration fee,; and, if it would be required in the event of an initial application, by the filing of a financial statement as of a date within one year prior to the date of filing. If the paid solicitor has received or collected more than $50,000.00 during its preceding fiscal year, the financial statement shall be a certified financial statement as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. Such financial statements shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his residence or principal office.
(7) The registration of a paid solicitor shall be promptly amended within 30 days to reflect a change of name, address, principals, state of incorporation, or other changes which materially affect the business of the paid solicitor. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation.
(d) The fee for the initial registration of a paid solicitor shall be $250.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a paid solicitor shall be $100.00.

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(e)(1) There shall be a contract between a paid solicitor and a charitable organization which shall be in writing, shall clearly state the respective obligations of the paid solicitor and the charitable organization, and shall state the amount of the gross revenue from the solicitation campaign that the charitable organization will receive. Such amount shall be expressed as a fixed percentage of the gross revenue or as a reasonable estimate of the gross revenue, subject to and in accordance with the provisions of paragraphs (2), (3), and (4) of this subsection.
(2) If the compensation of the paid solicitor is contingent upon the number of contributions or the amount of revenue received from the solicitation campaign, the stated amount shall be expressed as a fixed percentage of the gross revenue.
(3) If the compensation of the paid solicitor is not contingent upon the number of contributions or the amount of revenue received, the stated amount shall be a reasonable estimate, expressed as a percentage of the gross revenue, and the contract shall clearly disclose the assumptions upon which the estimate is based. The stated assumptions shall be based upon all the relevant facts known to the paid solicitor regarding the solicitation to be conducted as well as the past performance of solicitations conducted by the paid solicitor. If the stated amount is a reasonable estimate, rather than a fixed percentage of the gross revenue, the contract shall also provide that the charitable organization is guaranteed a percentage of the gross revenue which is no less than the reasonable estimate less 10 percent of the gross revenue.
(4) The stated percentages required by this Code section subsection shall exclude any amount which the charitable organization is to pay as expenses of the solicitation campaign, including the cost of merchandise or services sold or events staged.
(f) Prior to the commencement of each solicitation campaign the paid solicitor shall file with the Secretary of State a completed 'solicitation notice' on forms prescribed by the Secretary of State. The Secretary of State may provide that said filing be made, in whole or in part, through electronic means. The solicitation notice shall include a copy of the contract described in subsection (e) of this Code section, the projected dates when soliciting will commence and terminate, the location and telephone number from which the solicitation will be conducted, the name and residence address of each person responsible for directing and supervising the conduct of the campaign, a statement as to whether the paid solicitor will at any time have custody of contributions, and a full and fair description of the charitable program for which the solicitation campaign is being carried out.
(g)-The Secretary of State shall examine each paid solicitor's registration application, solicitation notice, and contract to determine whether the applicable requirements of this chapter relating to the same are satisfied. The Secretary of State shall notify the paid solicitor of any deficiencies therein.
(h)(g) Within 90 30 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor shall account to the charitable organization with whom it has contracted and to the Secretary of State for all contributions collected and expenses paid. The accounting shall be in writing, shall be retained by the charitable organization for three years, and shall contain the following information:
(1) The total gross receipts;
(2) A description of how the gross receipts were distributed, including an itemized list of all expenses, commissions, and other costs of the fundraising campaign and the net amount paid to the charitable organization for its charitable purposes after payment of all fundraising expenses, commissions, and other costs; and
(3) The signature of the charitable organization and such other information as the Secretary of State by rule may require.
The original of the report shall be forwarded to the charitable organization within the time prescribed above, and a copy shall be filed simultaneously with the Secretary of State.

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(i)(h) Each contribution collected by the paid solicitor shall, in its entirety and within ten days of its receipt, be deposited in an account at a bank or other federally insured financial institution. The account shall be in the name of the charitable organization with whom the paid solicitor has contracted and the charitable organization shall have sole control of all withdrawals from the account.
(j)(i)(1) The paid solicitor shall maintain during each solicitation campaign and for not less than three years after its completion, the following records:
(A) The name and, if known to the paid solicitor, the address of each person pledging to contribute together with the date and amount of the pledge;
(B) The name and residence address of each employee, agent, or other person, however styled, involved in the solicitation;
(C) A record of all contributions at any time in the custody of the paid solicitor;
(D) A record of all expenses incurred by the paid solicitor for which the charitable organization is liable for payment;
(E) The location and account number of all bank or other financial institution accounts in which the paid solicitor has deposited revenue from the solicitation campaign; and
(F) Such other records as may be prescribed by the Secretary of State by rule and regulation.
(2) If the paid solicitor sells tickets to an event and represents that tickets will be donated for use by another, the paid solicitor shall also maintain for the same period as specified in paragraph (1) of this subsection:
(A) The name and address of those contributors donating tickets and the number of tickets donated by each contributor; and
(B) The name and address of all organizations receiving donated tickets for use by others, including the number of tickets received by each organization.
(3) All records of such paid solicitor are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent he or she reasonably deems necessary for investigative or law enforcement purposes.
(j) Not later than 30 days following the end of each solicitation campaign, the paid solicitor shall provide to the charitable organization, at no cost, a copy of all records described in subsection (i) of this Code section. In the event any such campaign exceeds six months in length, such records shall be provided, in addition, not less that 30 days following the end of each six-month period."
SECTION 3.
Said chapter is further amended by adding a new Code Section 43-17-3.1 to read as follows:
"43-17-3.1.
(a) No solicitor agent shall solicit contributions on behalf of a charitable organization within or from this state, unless such solicitor agent is a registered solicitor agent pursuant to this Code section and is affiliated through employment or as an independent contractor pursuant to a written agreement with a paid solicitor or charitable organization which is either registered or exempt from registration.

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(b)(1) A solicitor agent shall register with the Secretary of State prior to engaging in any solicitation. Each registration shall expire on December 31 of each year and may be renewed for additional one-year periods upon application and the payment of the fee.
(2) Applications for registration may be made by any person and shall be accompanied by the registration fee set forth in subsection (c) of this Code section. Such application for registration shall be made in a manner prescribed by the Secretary of State, which may include, in whole or in part, electronic filing, shall be verified by the applicant, shall be filed with the Secretary of State, and shall contain the information and documents set forth in this paragraph and such other information as may be prescribed by rules and regulations promulgated by the Secretary of State:
(A) The name of the applicant;
(B) The address of each place of business of the applicant;
(C) The name and address of the paid solicitor or charitable organization with which the solicitor agent will be affiliated by employment or as an independent contractor;
(D) If the solicitor agent is to be an independent contractor, a copy of the contract setting forth the terms and conditions thereof;
(E) A list of any other states in which the applicant is registered as a paid solicitor agent and, if any registration of the applicant under the charitable solicitation law of any state has ever been denied, revoked, suspended, or withdrawn or if such a proceeding is pending in any state, full details with respect thereto;
(F) Whether the applicant has ever been subject to any injunction or disciplinary proceeding by any state agency involving any aspect of fund raising or solicitation, has ever been convicted of or charged with a misdemeanor of which fraud is an essential element or which involved charitable fund raising, or has ever been convicted of or charged with a felony and, if so, all pertinent information with respect to such injunction, disciplinary proceeding, conviction, or charge;
(G) Whether the applicant has ever been subject to an order, consent order, or any other disciplinary or administrative proceeding pursuant to the unfair and deceptive acts and practices law of any state and, if so, all pertinent information with respect to such order or proceedings; and
(H) Written consent to a criminal background investigation for the purpose of verification by the Secretary of State of information provided in the application.
(3) Within 15 business days after an applicant has fully complied with this subsection, the Secretary of State shall register such applicant as a solicitor agent unless he or she shall find that there are grounds for denial as provided in Code Section 43-17-7. When the Secretary of State has registered an applicant, he or she shall immediately notify the applicant of such registration. In the event the Secretary of State has not notified the applicant of deficiencies or grounds for denial of the application within such period, the applicant may conduct itself in a manner as if registered until and unless it is so notified.
(4) If the Secretary of State finds that there are sufficient grounds to deny the registration of the applicant as provided in Code Section 43-17-7, he or she shall issue an order refusing to register the applicant. The order shall state specifically the grounds for its issuance. A copy of the order shall be mailed to the applicant at his or her business address and to any charitable organization or paid solicitor who proposes to employ such applicant.
(5) Every registration under this Code section shall expire on December 31 of each year. The registration of a solicitor agent must be renewed each year by the submission of a renewal application containing the information required in an application for registration, except to the extent that the Secretary of State by rule does not require the resubmission of such information which has previously been included in an application or renewal application previously filed, and by the payment of the proper registration fee.

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(6) The registration of a solicitor agent shall be promptly amended to reflect a change of name or address or other changes in the information previously provided to the Secretary of State. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation.
(c) The fee for the initial registration of a solicitor agent shall be $50.00. The fee to amend the registration shall be $15.00. The annual renewal fee for a paid solicitor shall be $50.00."
SECTION 4.
Said chapter is further amended in Code Section 43-17-4, relating to bonding requirements for registered paid solicitors, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as otherwise provided in this subsection, no applicant shall be registered as a paid solicitor under this chapter nor shall any such registration be renewed until the applicant files An applicant for registration as a paid solicitor who will have physical possession or legal control over any contributions collected by it in or from this state on behalf of any charitable organizations shall file with the Secretary of State a bond satisfactory to the Secretary of State in the sum of $10,000.00 payable to the State of Georgia for the use of all interested persons and conditioned upon the faithful compliance by the principal with any and all provisions of this chapter and any regulations and orders issued by the Secretary of State. Such an applicant for renewal of registration as a paid solicitor shall also file such bond. Except as otherwise provided in subsection (b) of this Code section, the Secretary of State shall not register such an applicant or renew the registration of such an applicant until such bond is filed as provided in this subsection. Any such bond may be canceled by the principal or surety by giving notice to the Secretary of State, but such cancellation shall not affect any cause of action accruing thereon prior to cancellation and such cancellation shall result in automatic cancellation of the principal's registration until a new bond satisfactory to the Secretary of State is filed. Any action on such bond must be brought within two years after accrual of the cause of action. The amount prescribed in this subsection for the bond required of a paid solicitor shall be construed as being the aggregate liability recoverable against such bond, regardless of the number of claimants, and shall not be construed as individual liability."
SECTION 5.
Said chapter is further amended in Code Section 43-17-5, relating to the registration of charitable organizations, by striking paragraphs (2) and (10) of subsection (b) and inserting in lieu thereof new paragraphs (2) and (10) to read as follows:
"(2) A registration statement, which the Secretary of State may require to be in whole or in part an electronic filing, shall be signed by an authorized executive officer of the charitable organization and shall contain the following information:
(A) The name under which the charitable organization intends to solicit contributions;
(B) The names and addresses of officers, directors, trustees, and executive personnel and, in the case of a state-wide parent organization, the communities in which the chapters, branches, or affiliates are located and their directors;
(C) The names and addresses of any fundraising counsel or paid solicitor who acts or will act on behalf of the charitable organization, together with a statement setting forth the terms of the arrangements for salaries, bonuses, commissions, or other remuneration to be paid to the fundraising counsel or paid solicitor;
(D) The general purposes for which the charitable organization is organized;
(E) The purposes for which the contributions to be solicited will be used;
(F) The period of time during which the solicitation will be made;
(G) The method of solicitation; and

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(H) Such other information as the Secretary of State may require."
"(10) The registration of a charitable organization shall be promptly amended within 30 days to reflect a change of name, address, principals, state of incorporation, corporate forms (including a merger of two charitable organizations), or other changes which materially affect the business of the charitable organization. Such amendments shall be filed in a manner which the Secretary of State may prescribe by rule or regulation."
SECTION 6.
Said chapter is further amended in Code Section 43-17-5, relating to the registration of charitable organizations, by striking subsection (d) and inserting in lieu thereof new subsections (d), (e), and (f) to read as follows:
"(d) A charitable organization shall maintain for not less than three years a record of all contributions including, but not limited to, the name and address of each contributor giving $25.00 or more directly or indirectly to the charitable organization, the date and amount of the contribution, and the location and account number of all bank or other financial institution accounts in which the charitable organization has deposited contributions.
(e) All records of charitable organizations which relate to charitable solicitations or charitable contributions are subject to such reasonable periodic, special, or other examinations by representatives of the Secretary of State, within or outside this state, as the Secretary of State deems necessary or appropriate in the public interest or for the protection of the public, provided that the Secretary of State shall not disclose this information except to the extent he or she deems reasonably necessary for investigative or law enforcement purposes.
(f) A charitable organization shall maintain for not less than three years at an office located in Georgia or, if it has no office in Georgia, its principal office all records provided to it by any paid solicitor relating to any solicitation campaign. The charitable organization shall notify the Secretary of State of the address of the office at which such records are kept."
SECTION 7.
Said chapter is further amended in Code Section 43-17-7, relating to the denial, suspension, or revocation of registration, by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) The Secretary of State, by order, may deny, suspend, or revoke a registration, limit the fundraising activities that an applicant or registered person may perform in this state, bar an applicant or registered person from association with a paid solicitor or charitable organization, or bar a person who is a partner, officer, director, or employee of, or a member of a limited liability company which is, an applicant or registered person from employment with a paid solicitor or charitable organization if the Secretary of State finds that the order is in the public interest and that the applicant, registered person, or such other person:
(1) Has filed an application for registration with the Secretary of State which, as of its effective date or any date after filing in the case of an order denying effectiveness, was incomplete in a material respect or contained a statement that was, in light of the circumstances under which it was made, false or misleading with respect to a material fact;
(2) Has willfully violated or failed to comply with this chapter, a prior enactment, or a rule promulgated by the Secretary of State under this chapter or a prior enactment;
(3) Is the subject of an adjudication or determination, after notice and opportunity for hearing, within the last five years by a state or federal agency or a court of competent jurisdiction that the person has violated the charitable organizations regulatory act or the unfair and deceptive acts and practices law of any state, but only if the acts constituting the violation of that state's law would constitute a violation of this chapter had the acts occurred in this state;

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(4) Within the last ten years has been convicted of a felony or misdemeanor which the Secretary of State finds:
(A) Involves the solicitation or acceptance of charitable contributions or the making of a false oath, the making of a false report, bribery, perjury, burglary, or conspiracy to commit any of the foregoing offenses;
(B) Arises out of the conduct of solicitation of contributions for a charitable organization; or
(C) Involves the larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds;
(D) Involves murder or rape; or
(E) Involves assault or battery if such person proposes to be engaged in counseling, advising, housing, or sheltering individuals;
(5) Is permanently or temporarily enjoined by a court of competent jurisdiction from acting as a charitable organization, paid solicitor, or as an affiliated person or employee of such;
(6) Is the subject of an order of the Secretary of State denying, suspending, or revoking the person's registration as a charitable organization or paid solicitor;
(7) Has violated a law or any rule or regulation of this state, any other state, the United States, or any other lawful authority (without regard to whether the violation is criminally punishable), which law or rule or regulation relates to or in part regulates charitable organizations or paid solicitors regulated under this chapter, when the charitable organization or paid solicitor knows or should know that such action is in violation of such law, rule, or regulation; or
(8) Has failed to pay the proper filing fee within 30 days after being notified by the Secretary of State of a deficiency, but the Secretary of State shall vacate an order under this subsection when may provide for the reinstatement of the registration or the suspension of a fine or penalty at such time as the deficiency is corrected.
(b) The Secretary of State may not begin a proceeding solely on the basis of a fact or transaction known to the Secretary of State when the registration became effective unless the proceeding is begun within 90 days after effectiveness of the registration."
SECTION 8.
Said chapter is further amended by striking in its entirety Code Section 43-17-8, relating to disclosures to be made by charitable organizations and paid solicitors, and inserting in lieu thereof a new Code Section 43-17-8 to read as follows:
"43-17-8.
Every charitable organization, o r paid solicitor, or solicitor agent required to be registered under this Code section and soliciting in this state shall include the following disclosures at the point of solicitation:
(1) The name and location of the paid solicitor and solicitor agent, if any;
(2) The name and location of the charitable organization for which the solicitation is being made;
(3) That the following information will be made available upon request:
(A) A full and fair description of the charitable program for which the solicitation campaign is being carried out and, if different, a full and fair description of the programs and activities of the charitable organization on whose behalf the solicitation is being carried out; and

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(B) A financial statement or summary which shall be consistent with the financial statement required to be filed with the Secretary of State pursuant to Code Section 43-17-5; and
(4) In the case of a telephone solicitation, the location of the caller If made by a solicitor agent or paid solicitor, that the solicitation is being made by a paid person on behalf of the charitable organization and not by a volunteer."
SECTION 9.
Said chapter is further amended in Code Section 43-17-9, relating to exemptions from the requirements of said chapter, by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The following persons are exempt from the provisions of Code Sections 43-17-3, 43-17-4, 43-17-5, 43-17-6, and 43-17-8:
(1) Nonprofit educational Educational institutions and those organizations, foundations, associations, corporations, charities, and agencies operated, supervised, or controlled by or in connection with a nonprofit educational institution, provided that any such institution or organization is qualified under Section 501(c) of the Internal Revenue Code of 1986, as amended;
(2) Business, professional, and trade associations and federations which do not solicit members or funds from the general public;
(3) Fraternal, civic, benevolent, patriotic, and social organizations, when solicitation of contributions is carried on by persons for their services and without any form of compensation and which solicitation is confined to their membership;
(4) Persons requesting any contributions for the relief of any other individual who is specified by name at the time of the solicitation if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary; provided, however, that any such person who collects contributions in excess of $5,000.00 in order to claim benefit of this exemption shall file with the Secretary of State a written accounting of funds so collected on forms prescribed by the Secretary of State at the end of the first 90 days of solicitation and, thereafter, at the end of every subsequent 90 day period until said solicitation is concluded;
(5) Any charitable organization whose total gross revenue is has been less than $25,000.00 per for both the immediately preceding and current calendar year years or which is exempt from filing a federal annual information return pursuant to Section 6033(a)(2)(A)(i) and (iii) of the Internal Revenue Code and Section 6033(a)(2)(C)(i) of the Internal Revenue Code;
(6) Any local or state-wide organization of hunters, fishermen, and target shooters which has been recognized as an organization described in Section 501(c)(3) or Section 501(c)(4) of the Internal Revenue Code, as amended, or the corresponding provisions of any future federal revenue law; or
(7) Religious organizations; or
(7)(8) Political parties, candidates for federal or state office, and political action committees required to file financial information with federal or state elections commissions."
SECTION 10.
Said chapter is further amended in Code Section 43-17-12, relating to prohibited acts, by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) and by adding at the end thereof a new subsection (e), to read respectively as follows:
"(b) It shall be unlawful for any person who is registered as, or making application for registration as, a solicitor agent or paid solicitor or charitable organization or is an affiliate of such registrant or applicant to knowingly knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this

Wednesday, March 22, 2000

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chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect."

"(e) It shall be unlawful for any paid solicitor to have physical possession or legal control of a contribution collected by it in or from this state on behalf of any charitable organization without having complied with the requirements of paragraph (3) or (6) of subsection (c) of Code Section 43-17-3, as applicable, and Code Section 43-17-4."

SECTION 11.

This Act shall become effective on July 1, 2000.

SECTION 12.

All laws and parts of laws in conflict with this Act are repealed.

Senator Hill of the 4th moved that the Senate agree to the House substitute to SB 499.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 499.
The following bill was taken up to consider House action thereto:
SB 417. By Senator Streat of the 19th:
A bill to be entitled an Act to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the sale of products produced by inmates, so as to provide that the Department of Corrections shall have the right to sell such goods or merchandise to private prisons that house inmates from the State of Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:

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A BILL
To be entitled an Act to amend Code Section 42-5-60 of the Official Code of Georgia Annotated, relating to the sale of products produced by inmates, so as to provide that the Department of Corrections shall have the right to sell such goods or merchandise to private prisons that house inmates from the State of Georgia; to amend Code Section 4310A-7 of the Official Code of Georgia Annotated, relating to exceptions from the licensing requirement for persons practicing professional counseling, social work, or marriage and family therapy, so as to provide an exception for persons who practice professional counseling as employees of privately owned correctional facilities; to 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 42-5-60 of the Official Code of Georgia Annotated, relating to the sale of products produced by inmates, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) No goods, wares, or merchandise which has have been manufactured, produced, or mined, wholly or in part, by the inmates of any state or county correctional institution operated under the jurisdiction of the board shall be sold in this state to any private person, firm, association, or corporation, except that this prohibition shall not apply to:
(1) Sales to private colleges and universities; or
(2) A sale to a private contractor of goods, wares, or merchandise for use in the completion of a publicly funded project.; or
(3) Sales to privately owned correctional facilities that house inmates from the State of Georgia.
Nothing in this subsection shall be construed to forbid the sale of such goods or merchandise to other political subdivisions, public authorities, municipalities, or agencies of the state or local governments to be consumed by them or to agencies of the state to be in turn sold by the agency to the public in the performance of the agency's duties as required by law. This subsection does not prohibit the sale of unprocessed agricultural products produced on state property."
SECTION 2.
Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to exceptions from the licensing requirement for persons practicing professional counseling, social work, or marriage and family therapy, is amended by striking subparagraph (b)(3)(C) and inserting in lieu thereof the following:
"(C) Persons who engage in the practice of professional counseling as employees of privately owned correctional facilities, the Department of Corrections, Department of Human Resources, any county board of health, or any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, but only when engaged in that practice as employees of such privately owned correctional facility, department, board, or entity and persons or entities which contract to provide professional counseling services with such department or board of health, but such contracting persons and entities shall only be exempt under this subparagraph when engaged in providing professional counseling services pursuant to those contracts and shall only be exempt until January 1, 1996;"
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.

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Senator Gillis of the 20th moved that the Senate agree to the House substitute to SB 417.

On the motion, a roll call was taken , and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp
Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Tate Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 417. At 12:18 p.m. the President announced that the Senate would stand in recess until 1:30 p.m. At 1:30 p.m. Senator Starr of the 44th, President Pro Tempore, called the Senate to order. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate amendments to the House substitute to the following bill of the Senate:

SB 318.

By Senators Hecht of the 34th, Starr of the 44th, Hooks of the 14th and others:

A bill to be entitled an Act to amend Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, so as to authorize that, in addition to blood samples, oral swabs or a sample obtained from a noninvasive procedure may be taken for DNA analysis to determine identification characteristics specific to the person; to provide that laws applicable to DNA analysis with respect to sex offenders shall apply to persons who are convicted of a felony to the extent funds are appropriated or otherwise available for such purposes; to change the provisions relating to expungement of a profile in the data bank upon reversal and dismissal of conviction; to repeal conflicting laws.

The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

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HB 1619.

By Representatives Barnes of the 97th, Benefield of the 96th, Porter of the 143rd and others:
A bill to amend Code Section 20-3-519.7 of the Official Code of Georgia Annotated, relating to PROMISE teacher's scholarships, so as to change the requirements for eligibility for the scholarship and define certain terms.

The Speaker has appointed on the part of the House, Representatives Barnes of the 97th, Benefield of the 96th and Parham of the 122nd.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 439.

By Senators Meyer von Bremen of the 12th, Lee of the 29th and Ragan of the 11th:

A bill to be entitled an Act to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning administrative procedure, so as to provide for additional definitions; to change certain time limits for the giving of notice concerning the adoption, amendment, or repeal of rules; to change certain provisions relating to providing copies of proposed rules to the legislative counsel; to change the requirements relating to the Secretary of State and the keeping of files and records; to change the provisions relating to the effective date of rules; to provide for the publication of rules, compilations, and bulletins in print and electronically; to repeal conflicting laws.

The House has disagreed to the Senate amendment to the following resolution of the House:

HR 1188.

By Representatives Houston of the 166th, Walker of the 141st, Coleman of the 142nd and others:

A resolution honoring the life of Billy Browning and designating the Billy Browning Highway.

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

HB 1224.

By Representatives Stancil of the 16th and Royal of the 164th:

A bill to amend Code Section 48-5-442 of the Official Code of Georgia Annotated, relating to the uniform evaluation of motor vehicles, so as to change certain provisions regarding the state revenue commissioner's determination of the valuation of motor vehicles.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 350.

By Senators Walker of the 22nd, Johnson of the 1st and Polak of the 42nd:

A bill to be entitled an Act to amend Chapter 4 of Title 43 of the O.C.G.A., relating to architects, so as to comprehensively revise the law relating to the practice of architecture in this state; to change and add definitions; to create the Georgia State Board of Architects and Interior Designers; to provide for the election of a vice president of such board; to provide for qualifications of applicants who seek to be registered architects; to provide for restrictions on the practice of architecture; to provide for renewals of registration; to provide for the power of the board to revoke registrations; to define what structures need the seal of an architect; to provide for exceptions, enforcement, and penalties; to provide for related matters; to repeal conflicting laws.

The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

Wednesday, March 22, 2000

2171

HB 182.

By Representatives Martin of the 47th, Teper of the 61st, Bordeaux of the 151st and others:

A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the creation of the juvenile courts and their jurisdiction, administration, and expenses.

The President resumed the Chair.

Senator Thompson of the 33rd moved that the following bill, having been placed on the Table on March 20, be taken from the Table:

HB 1441. By Representative Murphy of the 18th:

A bill to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety and the Department of Motor Vehicle Safety; to provide for the responsibilities of the new department with respect to laws relating to registration and titling of motor vehicles, issuance and control of drivers' licenses, vehicle size and weight, fuel tax registration, motor carrier safety, and other laws formerly the responsibility of the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Thompson of the 33rd.

On the motion, a roll call was taken , and the vote was as follows:

N Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush N Burton Y Butler
Cable Cagle Cheeks Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey Golden N Guhl

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Johnson,E Kemp Ladd N Lamutt N Land Y Lee Y M V Bremen Y Madden Y Marable Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray
Scott Smith Y Starr N Stephens Y Stokes Streat Y Tanksley Tate Thomas,D E Thomas,N Thomas,R Y Thompson Walker N Williams

On the motion, the yeas were 25, nays 11; the motion prevailed, and HB 1441 was taken from the Table. Pursuant to Senate Rule 111, HB 1441, having been taken from the Table, was put upon its passage.

The Senate Transportation Committee offered the following substitute to HB 1441: A BILL

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To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety, the Board of Motor Vehicle Safety, and the Department of Motor Vehicle Safety; to provide for the responsibilities of the new department with respect to laws relating to registration and titling of motor vehicles, issuance and control of drivers' licenses, vehicle size and weight, fuel tax registration, motor carrier and limousine carrier operations, regulation of driver training schools, and other laws related to motor vehicle safety formerly the responsibility of the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission; to provide for the selection, service, and powers and duties of the commissioner and employees of the department; to provide for rules and regulations and forms; to provide for administration; to authorize appropriation of funds; to provide for transfers of prior appropriations; to provide for transfers of personnel, equipment, and facilities; to provide for disposition of fines and forfeitures; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the transfer of law enforcement functions from the Department of Transportation to the Department of Motor Vehicle Safety and so as to provide for conforming amendments; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for indemnification of law enforcement officers of the Department of Motor Vehicle Safety who are killed or injured in the line of duty; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to to provide for the transfer from the Public Service Commission to the Department of Motor Vehicle Safety of functions relating to motor carriers and limousine carriers and so as to provide for conforming amendments and repeal of obsolete provisions; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change provisions relating to collection of motor vehicle ad valorem taxes; to amend certain other provisions of the Official Code of Georgia Annotated so as to provide for conforming amendments; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by adding at its end a new Chapter 16 to read as follows:
"CHAPTER 16
40-16-1.
As used in this chapter, the term:
(1) 'Board' means the Board of Motor Vehicle Safety.
(2) 'Commissioner' means the commissioner of motor vehicle safety.
(3) 'Department' means the Department of Motor Vehicle Safety.
40-16-2.
(a) There is created the Department of Motor Vehicle Safety. The department shall be the agency primarily responsible for:
(1) Administration of the laws and regulations relating to registration and titling of motor vehicles, as provided for in Chapters 2 and 3 of Title 40;
(2) Administration of the laws and regulations relating to drivers' licenses, as provided for in Chapter 5 of Title 40;
(3) Administration of the laws and regulations relating to proof of financial responsibility, as provided for in Chapter 9 of Title 40;

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(4) Enforcement of laws and regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32;
(5) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations of said requirements to the state revenue commissioner;
(6) Administration and enforcement anywhere in the state of laws and regulations relating to motor carriers, limousine carriers, and hazardous material carriers as provided for in Chapters 7 and 11 of Title 46;
(7) Enforcement of all state laws but only on the following properties owned or controlled by the Department of Transportation or the State Tollway Authority: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto;
(8) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers, but only in those situations involving the obstruction or hindrance of enforcement officers designated by the department in their official duties;
(9) Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control;
(10) Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes;
(11) Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system;
(12) Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system;
(13) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system; and
(14) Enforcement of any state law when ordered to do so by the Governor.
(b) In performance of the duties specified in subsection (a) of this Code section, certified law enforcement officers employed by the department shall:
(1) Be authorized to carry firearms;
(2) Exercise arrest powers;
(3) Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with this chapter and other laws the administration or enforcement of which is the responsibility of the department;
(4) Have the power to examine the facilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining compliance with this chapter and other laws the administration or enforcement of which is the responsibility of the department; and
(5) Exercise the powers generally authorized for law enforcement officers in the performance of the duties specified by this chapter or otherwise to the extent needed to protect any life or property when the circumstances demand action.

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(c) In the performance of its duties, the department shall be required to comply with all applicable federal laws and rules and regulations and shall certify that the state is in compliance with all provisions and requirements of all applicable federal-aid acts and programs.
40-16-3.
(a) The department shall be under the direction, control, and management of the Board of Motor Vehicle Safety and the commissioner of motor vehicle safety. The commissioner shall be appointed by and serve at the pleasure of the board.
(b) The Board of Motor Vehicle Safety shall consist of nine members. Three members shall be appointed by the Governor and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter; one member on June 30, 2005, and June 30 of each sixth year thereafter; and one member on June 30, 2007, and June 30 of each sixth year thereafter. Three members shall be appointed by the Lieutenant Governor and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter; one member on June 30, 2005, and June 30 of each sixth year thereafter; and one member on June 30, 2007, and June 30 of each sixth year thereafter. Three members shall be appointed by the Speaker of the House and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter; one member on June 30, 2005, and June 30 of each sixth year thereafter; and one member on June 30, 2007, and June 30 of each sixth year thereafter. All members except for the initial appointees shall serve for terms of six years and until their successors are appointed and qualified.
(c) The Governor shall designate a member to serve as chairperson of the board. The chairperson's term as chairperson shall expire on June 30, 2003, and June 30 of each second year thereafter. The board may elect other officers from among its membership and may establish bylaws for the conduct of its business.
(d) The members of the board shall receive no salary for their service on the board but any member who is not otherwise a public officer or employee shall receive a per diem expense allowance as provided in subsection (b) of Code Section 45-7-21.
(e) The board shall be the general policy-making body for the Department of Motor Vehicle Safety; and the commissioner shall be the chief executive officer of the department, subject to the policies established by the board. All rules and regulations promulgated by the commissioner must be approved by the board before they take effect.
(f) The commissioner shall receive an annual salary to be set by the board which shall be his or her total compensation for services as commissioner. The commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties.
(g) The commissioner shall take and subscribe before the board an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers.
40-16-4.
(a) The commissioner shall establish such units within the department as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing.
(b) The commissioner shall have the authority to employ as many persons as he or she deems necessary for the administration of the department and for the discharge of the duties of his or her office. He or she shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the department within the limitations of the department's appropriation and the restrictions set forth by law.
(c) All employees of the department shall be compensated upon a fixed salary basis and no person shall be compensated for services to the department on a commission or contingent fee basis.

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(d) Neither the commissioner nor any officer or employee of the department shall be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as commissioner or as an officer or employee of the department.
(e) The commissioner shall delegate to such officers and employees of the department as he or she may designate the law enforcement powers and duties of the department as set out in Code Section 40-16-2. All officers and employees to whom such law enforcement powers and duties are delegated must be certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'
40-16-5.
(a) Subject to approval by the board, the commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or any law which it is his or her duty to administer.
(b) The commissioner may prescribe forms as he or she deems necessary for the administration and enforcement of this chapter or any law which it is his or her duty to administer.
(c) The authority granted to the commissioner pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(d) The following rules and regulations shall remain of full force and effect as rules and regulations of the Department of Motor Vehicle Safety until amended, repealed, or superseded by rules or regulations adopted by the commissioner of motor vehicle safety:
(1) All rules and regulations previously adopted by the Department of Transportation or the State Transportation Board or the commissioner of transportation which relate to functions transferred under this chapter from the Department of Transportation to the Department of Motor Vehicle Safety;
(2) All rules and regulations previously adopted by the Public Service Commission which relate to functions transferred under this chapter from the Public Service Commission to the Department of Motor Vehicle Safety;
(3) All rules and regulations previously adopted by the Department of Public Safety or the commissioner of public safety which relate to functions transferred under this chapter from the Department of Public Safety to the Department of Motor Vehicle Safety; and
(4) All rules and regulations previously adopted by the Department of Revenue or the state revenue commissioner which relate to functions transferred under this chapter from the Department of Revenue to the Department of Motor Vehicle Safety.
(e) All valid licenses, permits, certificates, and similar authorizations previously issued by the Department of Transportation, the Public Service Commission, the Department of Public Safety, and the Department of Revenue under laws to be administered by the Department of Motor Vehicle Safety shall continue in effect until the same expire by their terms unless they are suspended, revoked, or otherwise made ineffective as provided by law.
40-16-6.
(a) The commissioner may pursuant to rule or regulation specify and impose civil monetary penalties for violations of laws, rules, and regulations administered by the commissioner. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to the effective date of this chapter.
(b) All proceedings for the imposition of civil monetary penalties by the commissioner and other contested cases to be decided by or under authority of the commissioner shall be subject to Chapter 13 of Title 50, the 'Georgia

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Administrative Procedure Act.' All such administrative proceedings which are pending on the effective date of this chapter under laws the administration of which is transferred to the commissioner shall be transferred to the jurisdiction of the commissioner as of the effective date of this chapter.
(c) The enactment of this chapter and the Act by which it is enacted shall not affect or abate the status as a crime of any act or omission which occurred prior to the effective date of such Act, nor shall the prosecution of such crime be abated as a result of such enactment.
40-16-7.
(a) The department shall be a budget unit to which funds may be appropriated as provided in the 'Budget Act,' Part 1 of Article 4 of Chapter 12 of Title 45. The department shall be an independent and distinct department of state government. The duties of the department shall be performed by that department and not by any other agency of state government, and the department shall not perform the duties of any other agency of state government. The position of commissioner of motor vehicle safety shall be a separate and distinct position from any other position in state government. The duties of the commissioner shall be performed by the commissioner and not by any other officer of state government, and the commissioner shall not perform the duties of any other officer of state government.
(b) Appropriations to the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for functions transferred to the Department of Motor Vehicle Safety pursuant to this chapter may be transferred to the Department of Motor Vehicle Safety as provided for in Code Section 45-12-90, relating to disposition of appropriations for duties, purposes, and objects which have been transferred. Personnel, equipment, and facilities previously employed by the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for such transferred functions shall likewise be transferred to the Department of Motor Vehicle Safety. Any disagreement between such departments as to any such transfers shall be determined by the Governor.
(c) Except as specifically provided otherwise by law, all fines and forfeitures collected for criminal violations cited by the department's enforcement officers shall, after deduction from the total fine or forfeiture of the amounts due the Peace Officers' Annuity and Benefit Fund and the Sheriffs' Retirement Fund of Georgia and any other deductions specified by law, be paid by the clerk of the court into the fine and forfeiture fund of the county treasurer in the same manner and subject to the same rules of distribution as other fines and forfeitures."
PART II
SECTION 2-1.
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking Code Section 32-1-7, relating to disbursement of fines and forfeitures in cases brought by officers of the Department of Transportation, and inserting in its place a new Code section to read as follows:
"32-1-7.
Reserved. All fines and forfeitures collected for criminal violations cited by the department's enforcement officers under authority of Code Sections 32-6-29 and 32-6-30 and any rules and regulations pertaining thereto shall, after deduction from the total fine or forfeiture of the amounts due the Peace Officers' Annuity and Benefit Fund of Georgia and the Sheriffs' Retirement Fund of Georgia, be paid by the clerk of the court into the fine and forfeiture fund of the county treasurer in the same manner and subject to the same rules of distribution as other fines and forfeitures."
SECTION 2-2.
Said Title 32 is further amended by striking paragraph (15) of subsection (a) of Code Section 32-2-2, relating to the authority and duty to inspect for violations of motor vehicle licensing and fuel tax registration requirements, and inserting in its place a new paragraph to read as follows:

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"(15) Reserved; The department shall have the authority and duty relating to the inspection for violations of motor vehicle licensing and fuel tax registration requirements and the department shall report violations of said requirements to the revenue commissioner;"
SECTION 2-3.
Said Title 32 is further amended by striking paragraph (1) of Code Section 32-6-2, relating to regulation of parking, and inserting in its place a new paragraph to read as follows:
"(1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or through municipalities. Whenever any state or local law enforcement officer or employee of the Department of Transportation Motor Vehicle Safety to whom law enforcement authority has been designated pursuant to Code Section 32-6-29 finds a vehicle parked in violation of law or the department's regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer or employee is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion."
SECTION 2-4.
Said Title 32 is further amended by striking subsection (a.1) of Code Section 32-6-27, relating to enforcement of vehicle load limits, and inserting in its place a new subsection to read as follows:
"(a.1)(1)(A) The department Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50.
(B) The department Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation.
(2)(A) The department Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91.
(B) The department Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation."
SECTION 2-5.
Said Title 32 is further amended by striking subsections (c) through (i) of said Code Section 32-6-27 and inserting in their place new subsections (c) through (i) to read as follows:
"(c) Within 15 days after the issuance of the citation authorized in paragraph (4) of subsection (a) of Code Section 32-6-29, the owner or operator of any offending vehicle shall pay the amount of the assessment to the department Department of Motor Vehicle Safety or request an administrative determination of the amount and validity of the assessment. If an administrative hearing is requested, it shall be held in accordance with Chapter 13 of Title 50, the

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'Georgia Administrative Procedure Act,' and the department's rules and regulations of the Department of Motor Vehicle Safety. Any person who has exhausted all administrative remedies available within the department Department of Motor Vehicle Safety and who is aggrieved by a final order of the department Department of Motor Vehicle Safety is entitled to judicial review in accordance with Chapter 13 of Title 50.
(d) All Code Section 48-2-17 to the contrary notwithstanding, all moneys collected in accordance with this Code section shall be transmitted to the treasurer of the department Department of Motor Vehicle Safety, thereafter to be disposed of as follows:
(1) All moneys collected for violations of the weight limitations imposed by this article shall be retained by the department to help defray the expenses of enforcing the weight, length, width, and height limitations set forth in this article and to be used for highway maintenance purposes in addition to any sums appropriated therefor to the department remitted to the general fund of the state treasury; and
(2) All moneys collected for violations of the height, width, or length limitations imposed by this article, after the appropriate statutory deductions, shall be retained by the governing authority of the county wherein the violation occurred for deposit in the general treasury of said county.
(e) Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) of this Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle.
(f) Any person authorized by law to enforce this article may seize the offending vehicle of an owner who fails or whose operator has failed to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. Any person seizing such vehicle under this subsection or subsection (e) of this Code section may, when necessary, store the vehicle; and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded, or partially unloaded under these subsections, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or of the state or any political subdivision because of damage to or loss of such load or any part thereof.
(g)(1) Whenever any person, firm, or corporation violates this article and becomes indebted to the department Department of Motor Vehicle Safety because of such violations and fails within 15 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the department Department of Motor Vehicle Safety for administrative review, as provided for in subsection (c) of this Code section, such assessment shall become a lien upon the overweight motor vehicle so found to be in violation, which lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the department Department of Motor Vehicle Safety was created.
(2) Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In the event that the commissioner or his designee, hearing officer, or others find administrative law judge finds in favor of the department Department of Motor Vehicle Safety, the person, firm, or corporation shall pay the assessment within 30 days after the issuance of a final decision by the agency administrative law judge or, if judicial review is had in accordance with Chapter 13 of Title 50, then within 30 days after final judicial review is terminated. If the person, firm, or corporation fails to pay the assessment within 30 days, such assessment shall become a lien as provided for under paragraph (1) of this subsection.
(3) The department Department of Motor Vehicle Safety shall perfect the lien created under this subsection in the same manner as is provided for in subsection (b) of Code Section 40-3-50 and Code Section 40-3-53.
(h)(1) The department Department of Motor Vehicle Safety, in seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation assessed under this article, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath,

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by the department Department of Motor Vehicle Safety, its agents, its officers, or attorney setting forth the basis of the petitioner's claim and sufficient grounds for issuance of an immediate writ of possession.
(2) The department Department of Motor Vehicle Safety shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition.
(3) The court before whom the petition is pending shall issue a writ for immediate possession, upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly.
(4) When an immediate writ of possession has been granted, the department Department of Motor Vehicle Safety shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14269.
(i)(1) Whenever any person, firm, or corporation violates this article and fails within 15 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the department Department of Motor Vehicle Safety for an administrative review as provided for under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the department Department of Motor Vehicle Safety may notify the Department of Public Safety of such facts act to suspend the motor vehicle license plate of the vehicle involved. However, if the person, firm, or corporation requests an administrative review, the department Department of Motor Vehicle Safety may notify the Department of Public Safety shall act to suspend the license plate only after the issuance of a final decision favorable to the department Department of Motor Vehicle Safety and the requisite failure of the person, firm, or corporation to pay the assessment. Upon receipt of such notification such failure to pay the assessment, the Department of Public Motor Vehicle Safety shall send a letter to the owner of such motor vehicle stating that the Department of Public Safety has been informed of the fact of such overdue assessment. Upon receipt of such letter from the Department of Public Motor Vehicle Safety, it shall be the duty of the owner of such vehicle to notify the Department of Public Motor Vehicle Safety, within 15 days of the date on which notification was mailed by the Department of Public Motor Vehicle Safety, as to whether the assessment has been paid. If such information is not received by the Department of Public Motor Vehicle Safety within the specified time period or if the assessment has not in fact been paid, the Department of Public Motor Vehicle Safety shall suspend the motor vehicle license plate issued to the motor vehicle involved in the overweight assessment citation and shall notify the owner of the motor vehicle that he or she must forward the motor vehicle license plate issued to such motor vehicle to the Department of Public Motor Vehicle Safety. Upon complying with this subsection by paying the overdue assessment and upon submitting proof of compliance and paying a $10.00 restoration fee to the Department of Public Motor Vehicle Safety, the commissioner of public motor vehicle safety shall return any motor vehicle license plate suspended under this subsection to the owner of such motor vehicle. In cases where the motor vehicle license plate has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Public Motor Vehicle Safety shall suspend the motor vehicle license plate for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays the $25.00 restoration fee to the Department of Public Motor Vehicle Safety.
(2) The Department of Public Motor Vehicle Safety, upon suspending the motor vehicle license plate, as provided for in this subsection, shall require that such plate be surrendered to the Department of Public Motor Vehicle Safety immediately following the effective date of suspension; and it is the duty of the owner, immediately upon receipt of notice from the Department of Public Motor Vehicle Safety, to forward the license plate to the Department of Public Motor Vehicle Safety.
(3) If such motor vehicle license plate is not received by the Department of Public Motor Vehicle Safety within ten days following the effective date of suspension, the commissioner of public motor vehicle safety shall forthwith direct any member of the Georgia State Patrol or any peace officer to secure possession of such plate and return the same to the commissioner of public motor vehicle safety.
(4) Unless otherwise provided for in this subsection, notice of the effective date of suspension shall occur when the driver received receives actual knowledge or legal notice thereof, whichever occurs first. For the purposes of

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making any determination under this article relating to the return of a suspended motor vehicle license plate, no period of suspension under this subsection shall begin until the plate is surrendered to the Department of Public Motor Vehicle Safety or to a court of competent jurisdiction under this subsection, whichever shall occur first. If the motor vehicle license plate is lost or for any other reason surrender to the Department of Public Motor Vehicle Safety is impossible, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the department.
(5) It shall be unlawful to refuse to deliver upon a legal demand any motor vehicle license plate.
(6) Any person violating the provisions of paragraph (2) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment for not more than 90 days.
(7) For the purposes of this subsection, where any provisions require the Department of Public Motor Vehicle Safety to give notice to a person, which notice affects such person's motor vehicle license plate, the mailing of such notice and the name and address shown on the notice of overdue assessment citation supplied by the Department of Public Motor Vehicle Safety, as required by this subsection, shall be presumptive evidence that such person received the required notice."
SECTION 2-6.
Said Title 32 is further amended by striking Code Section 32-6-29, relating to law enforcement activities of the Department of Transportation, and inserting in its place a new Code section to read as follows:
"32-6-29.
(a) It shall be the duty of the department to enforce this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2. To carry out this duty, the commissioner is authorized to appoint enforcement officers who shall have the power: The Department of Transportation shall be responsible for rules and regulations relating to size and weight limits and issuance of permits under this article.
(1)-To enforce all laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2;
(2)-To prevent and detect acts which constitute civil or criminal violations of the laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2;
(3)-To arrest without warrant any person charged with criminal offenses appertaining to the laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2; and
(4)-To issue citations for civil damages to any person found violating the laws, rules, and regulations pertaining to the weights of motor vehicles, trailers, and loads.
(b) The commissioner is authorized to appoint enforcement officers who shall have, in addition to any powers or duties created by any other law, the power: The Department of Transportation shall not, however, employ any law enforcement officers or agents. Responsibility for enforcement of this article shall be in the Department of Motor Vehicle Safety.
(1)-To enforce all state laws and to arrest any person found to be violating any state law but only on the following properties owned or controlled by the department or the State Tollway Authority: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto;

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(2)-To enforce Code Section 16-10-24, but only in those situations involving the obstruction or hindrance of enforcement officers designated by the department in their official duties and to arrest any person found to be violating Code Section 16-10-24 in this regard;
(3)-To carry firearms issued or authorized by the department while in the performance of their duties but only if such enforcement officers have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act';
(4)-To direct and control traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control;
(5)-To enforce, on any public road which is part of the state highway system, Code Section 16-11-43 and to arrest any person found to be violating any provision of said Code section;
(6)-To enforce, on any public road which is part of the state highway system, Code Section 16-7-43 and to arrest any person found to be violating any provision of said Code section;
(7)-To enforce, on any public road which is part of the state highway system, Code Section 16-7-24 and to arrest any person found to be violating any provision of said Code section; and
(8)-To enforce any state law when ordered to do so by the Governor or protect any life or property when the circumstances demand action.
(c)-These enforcement officers shall have the full authority of peace officers while in the performance of their duties. As used in this subsection, the term 'peace officer' means any person who by virtue of his or her office of public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all crimes or is limited to specific offenses.
(d)-Each person designated by the commissioner as an enforcement officer shall take an oath before an officer duly authorized to administer oaths. For each such person, the department shall secure a bond of not less than $5,000.00 from a surety company licensed to transact business in this state. Such bond shall be conditioned upon the faithful performance of his or her duties and made payable to the commissioner and his or her successors in office."
SECTION 2-7.
Said Title 32 is further amended by striking Code Section 32-6-30, relating to weighing, measuring, and inspection of vehicles, and inserting in its place a new Code section to read as follows:
"32-6-30.
(a) Any law enforcement officer or employee of the department Department of Motor Vehicle Safety to whom law enforcement authority has been designated pursuant to Code Section 32-6-29 who observes a motor vehicle being operated upon a public road of the state and who has reason to believe that:
(1) Any provision of this article is being violated;
(2) The vehicle is improperly licensed in violation of Code Sections 48-10-1 through 48-10-12; or
(3) A fuel tax registration card is not being carried or that a proper distinguishing identification marker is not affixed to the vehicle in violation of Code Sections 48-9-39 and 48-11-14

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is authorized to stop such vehicle and weigh, measure, or inspect the same. Violations of such licensing or fuel tax registration and identification requirements shall be reported to the Department of Motor Vehicle Safety or the Department of Revenue as appropriate.
(b)(1) If the operator of the vehicle shall refuse to stop upon proper order as directed by a person authorized by subsection (a) of this Code section to stop, weigh, measure, or inspect the vehicle or its load, the operator shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $200.00. The operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law enforcement officer or employee of the department Department of Motor Vehicle Safety authorized to enforce this article apprehends said operator for any violation of this article.
(2) In addition, the operator's driver's license or nonresident's driving privilege shall may be suspended for a period of not more than 90 days by the Department of Public Motor Vehicle Safety if the Department of Transportation shall so request and present to the Department of Public Safety upon satisfactory proof of said refusal to stop or drive the vehicle upon the scales. Each person who shall apply for a Georgia driver's license, or for nonresident driving privileges, or for a renewal of same thereby consents to stop such vehicle for inspection or to drive such vehicle upon scales whenever so ordered by a law enforcement official or authorized employee of the department Department of Motor Vehicle Safety."
PART III
SECTION 3-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-1, relating to definitions applicable to vehicle registration, and inserting in its place a new Code section to read as follows:
"40-2-1.
As used in this chapter, the term:
(1) 'Commissioner' means the state revenue commissioner of motor vehicle safety.
(2) 'Department' means the Department of Motor Vehicle Safety.
(2)(3) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever he is absent, he has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident."
SECTION 3-2.
Said Title 40 is further amended by striking subsection (e) of Code Section 40-2-21, relating to vehicle registration periods, and inserting in its place a new subsection to read as follows:
"(e) Any local law enacted pursuant to this Code section shall specify either a staggered registration period of four months or a nonstaggered registration period of four months. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be verified to the Department of Revenue commissioner."
SECTION 3-3.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-2-23, relating to tax collectors and tax commissioners as tag agents, and inserting in its place a new subsection to read as follows:
"(b) The state revenue commissioner is authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For purposes of this Code section, 'casual sale' or 'casual use' means the sale of a motor vehicle by a person who is not regularly or systematically engaged in making retail sales of motor vehicles and the first use, consumption,

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distribution, or storage for use or consumption of such motor vehicle purchased through a casual sale. As personal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such collection a fee of $200.00 per month. In any month in which an insufficient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient collections are made. Such compensation shall be in addition to any other compensation to which such tax collector or tax commissioner is entitled."
SECTION 3-4.
Said Title 40 is further amended by striking Code Section 40-2-24, relating to bonds of tag agents, and inserting in its place a new Code section to read as follows:
"40-2-24.
Each tag agent shall give bond conditioned as the commissioner may require, and in such amount as the commissioner may deem necessary and proper, not exceeding $250,000.00, to protect the state adequately. Such bond shall be executed by a surety corporation licensed to do business in the State of Georgia, as surety, and the premiums shall be paid by the Department of Revenue Department of Motor Vehicle Safety. The bond shall run to the Governor and his or her successors in office and shall be approved as to conditions, form, and sufficiency by the commissioner."
SECTION 3-5.
Said Title 40 is further amended by striking Code Section 40-2-27, relating to registration of certain vehicles not conforming to emissions standards, and inserting in its place a new Code section to read as follows:
"40-2-27.
(a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean Air Act, as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the Department of Revenue commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation.
(b) The provisions of subsection (a) of this Code section shall only apply to applications for certificates of registration for such motor vehicles first registered in Georgia after July 1, 1985. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of registration.
(c) Applications for registration of such motor vehicles shall be accompanied by a Georgia certificate of title, proof that an application for a Georgia certificate of title has been properly submitted, or such other information and documentation of ownership as the commissioner shall deem proper.
(d) If an application is accepted and a certificate of registration and a license plate is issued for a vehicle that fails to meet the provisions set forth in U.S.C.A. Sections 1381 through 1431, the issuing authority shall remit three times the fee charged to the applicant to the commissioner and an amount equal to such fee shall be payable by the commissioner to any person, not employed by any issuing authority, who shall report such issuance of such unlawful license plate and additional funds from the remittance shall be paid into the general treasury."
SECTION 3-6.
Said Title 40 is further amended by striking paragraph (1) of subsection (c) of Code Section 40-2-33, relating to issuance of and fees for registration, and inserting in its place a new paragraph to read as follows:

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"(c)(1) Any other provisions of any law of this state, whether general, special, or local, to the contrary notwithstanding, and except as provided in subsection (b) of this Code section and paragraph (2) of this subsection, the fees prescribed in subsection (b) of this Code section shall be retained by the tag agent appointed by the commissioner under this chapter and shall be his or her own personal compensation for the services rendered to the Department of Revenue in the administration of this chapter, regardless of whether such agent may otherwise be an elected or appointed official of the county, and regardless of whether as such county officer he or she is compensated for the performance of the duties of such office on a fee basis or salary basis, or combination thereof. It shall be his or her duty, however, as agent for the commissioner in the administration of the purposes of this chapter, to compensate any additional personnel which may be necessary to enable said agent to effectuate the provisions of this chapter and the rules and regulations promulgated under this chapter by the commissioner."
SECTION 3-7.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-2-34, relating to reports and remittances by tag agents, and inserting in its place a new subsection to read as follows:
"(a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related sums of money to which the Department of Revenue state is entitled. All tag reports of license applications handled and related sums of money to which the Department of Revenue state is entitled must be submitted to the commissioner within 14 calendar days from the close of the business week during which the aforementioned license applications were handled and related sums of money received. The term 'business week' shall mean Monday through Friday (or Saturday if applicable)."
SECTION 3-8.
Said Title 40 is further amended by striking subsections (a), (b), and (d) of Code Section 40-2-37, relating to registration of public vehicles, and inserting in their respective places new subsections to read as follows:
"(a) All vehicles of the type required to be registered by Code Section 40-2-20 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functions, except those employed in secret investigatory police functions to which regular Georgia license plates are issued, shall be registered with the commissioner by the fiscal officers or other proper officials of the respective departments and agencies of the state, municipality, or political subdivision to which such vehicles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturer's vehicle identification number; the department, agency, political subdivision, or branch thereof to which such vehicle is to be registered; and such other information as to use and identity as the commissioner may require. Upon the filing with the Department of Revenue of the properly executed application for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $1.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced."
"(b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the Department of Revenue commissioner shall provide for five-year registration and issuance of regular license plates for such vehicles. The five-year license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such five-year license plates shall be issued at the beginning of a five-year license period as for private vehicles or shall be issued at the time the vehicle is purchased by the state, and all such license plates shall expire at the same time as regular license plates."
"(d) Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdivision and used exclusively for governmental

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functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and either destroyed by such agency or returned to the commissioner for destruction. If a license plate has been destroyed by the agency, certification of such destruction shall be provided by the agency to the commissioner upon a form prepared and furnished for such purpose by the commissioner. In the event of a transfer of a vehicle to a department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the commissioner. Such transfer shall be recorded on the registration lists maintained by the Department of Revenue commissioner. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued upon application of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered."
SECTION 3-9.
Said Title 40 is further amended by striking Code Section 40-2-44, relating to replacement plates and decals, and inserting in its place a new Code section to read as follows:
"40-2-44.
(a) Except as provided in subsection (b) of this Code section, the owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff, the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Motor Vehicle Division of the Department of Revenue commissioner with a fee of $8.00 to obtain a duplicate license plate or revalidation decal. Alternatively, the copy of the police report may be submitted to the applicant's county tag agent with a fee of $8.00 in which case the county tag agent is authorized to issue a replacement license plate or decal. In those instances in which a vehicle owner is unable to obtain a police report of such theft, loss, or mutilation of a license plate or revalidation decal, the owner shall be authorized to submit to the appropriate law enforcement agency or official and to either the Motor Vehicle Division of the Department of Revenue commissioner or to the county tag agent a sworn affidavit as to such theft, loss, or mutilation in lieu of a police report and obtain a replacement license plate or decal. The county tag agent shall be entitled to retain as compensation for issuance of a replacement license plate or decal the same commission as provided for issuance of a new license plate or decal under the terms and conditions provided in subsection (b) of Code Section 40-2-33.
(b) If the license plate or revalidation decal is mutilated but still legible and if such license plate or revalidation decal is surrendered with the application for the duplicate, the requirements of subsection (a) of this Code section, relating to reporting the theft, loss, or mutilation of a license plate or decal and submitting a copy of a police report, shall not apply.
(c) A duplicate county decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner at no cost. A replacement license plate or revalidation decal when the original has been lost in the mail prior to receipt by the registered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner setting forth the circumstances of nonreceipt of the license plate or decal. The owner shall report the nonreceipt or loss of the license plate or decal to the appropriate law enforcement agency or official, including, but not limited to, a municipal or county police department or officer, the county sheriff, or the Department of Public Safety. Said owner shall obtain a copy of the police report on which the license plate or decal number is listed and shall submit such copy to the Motor Vehicle Division of the Department of Revenue commissioner. The owner shall not be charged a fee by the Department of Public Safety or the local law enforcement agency or official for a copy of such police report.
(d) The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section."
SECTION 3-10.

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Said Title 40 is further amended by striking subsection (b) of Code Section 40-2-60.1, relating to special license plates, and inserting in its place a new subsection to read as follows:
"(b) The commissioner of revenue is authorized to adopt rules and regulations for the issuance of special license plates for groups of individuals and vehicles. Such rules and regulations shall provide that no such special license plate shall be issued except upon the application of at least 500 persons. The rules and regulations shall provide for the manner of such applications. The rules and regulations shall provide that upon receipt of the requisite number of applications, a special license plate may be issued as provided in this Code section. The rules and regulations may provide for exceptions whereby a special plate will not be issued if the issuance of the plate would adversely affect public safety. The rules and regulations shall provide for the design and manufacture of such special license plates and shall provide that such plates shall be readily recognizable as Georgia license plates through the adoption of a standard design containing a smaller space for the insertion of an appropriate logo or graphic identifying the special nature of the license plate. Subject to the foregoing provisions of this subsection, the design of each special license plate shall be in the discretion of the state revenue commissioner."
SECTION 3-11.
Said Title 40 is further amended by striking Code Section 40-2-70, relating to special plates for certain disabled veterans, and inserting in its place a new Code section to read as follows:
"40-2-70.
Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate shall be transferred to another vehicle acquired by such veteran or jointly by such veteran and his or her spouse as provided in Code Section 40-280. Such veteran shall be entitled to such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the Department of Revenue commissioner of motor vehicle safety indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section."
SECTION 3-12.
Said Title 40 is further amended by striking subsections (c), (e), and (f) of Code Section 40-2-76, relating to special plates for alternative fuel vehicles, and inserting in their respective places new subsections to read as follows:
"(c) Any resident motor vehicle owner desiring a special alternative fueled vehicle license plate shall submit to the commissioner a completed application form for such vehicle. If the alternative fuel used by a vehicle is electricity, including without limitation electricity from solar energy, the applicant shall submit a $25.00 highway user fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licensing laws and the requirements of this subsection and subject to subsection (d) of this Code section, a resident motor vehicle owner shall be issued a special license plate under this Code section."
"(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; provided, however, that such a special license plate for an alternative fueled vehicle fueled by electricity, including without limitation electricity from solar energy, shall not be renewed without

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payment of an additional $25.00 annual highway user fee for each such renewal, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34."
"(f) Reserved. Notwithstanding the provisions of Code Section 40-2-131, the funds derived from the additional $25.00 annual registration fee provided by this Code section shall be transmitted from the commissioner of revenue to the treasurer of the Department of Transportation to be used to defray the expense of enforcing the designated travel lanes and to be used for highway maintenance purposes in addition to any sums appropriated therefor to the department."
SECTION 3-13.
Said Title 40 is further amended by striking Code Section 40-2-82, relating to plates for state troopers, and inserting in its place a new Code section to read as follows:
"40-2-82.
The commissioner of public safety shall be issued distinctive license plates to be used on motor vehicles assigned to the Department of Public Safety and operated by troopers of the Georgia State Patrol. The distinctive plates shall be issued free of charge in accordance with procedures agreed upon by the commissioner of public safety and the commissioner of revenue motor vehicle safety. License plates issued pursuant to this Code section need not contain a place for the county name decal and no county name decal need be affixed to a license plate issued pursuant to this Code section."
SECTION 3-14.
Said Title 40 is further amended by striking paragraph (9) of Code Section 40-2-87, relating to definitions applicable to certain reciprocal agreements, and inserting in its place a new paragraph to read as follows:
"(9) 'Commissioner' means the jurisdiction official in charge of registration of vehicles and means, for the State of Georgia, the commissioner of revenue motor vehicle safety."
SECTION 3-15.
Said Title 40 is further amended by striking subsections (a) and (f) of Code Section 40-2-88, relating to agreements for apportionment of commercial vehicles, and inserting in their respective places new subsections to read as follows:
"(a) In addition to and regardless of the provisions of Article 3 of this chapter or any other provisions of law relating to the operation of motor vehicles over the public highways of this state, the Department of Revenue commissioner is authorized to enter into reciprocal agreements or plans on behalf of the State of Georgia with the appropriate authorities of any of the states of the United States, the District of Columbia, a state or province of any foreign country, or a territory or possession of the United States or any foreign country providing for the registration of commercial vehicles on an apportionment basis and may, in the exercise of this authority, enter and become a member of the International Registration Plan developed by the American Association of Motor Vehicle Administrators. Any such reciprocal agreement or plan may provide for but shall not be limited to the following provisions: (1) full reciprocity in accordance with such agreement or plan for commercial vehicles not based in Georgia, which vehicles are operated in interstate commerce or a combination of interstate and intrastate commerce and are of specified types or weights, in exchange for equivalent reciprocity for Georgia based commercial vehicles; (2) reciprocal exchange of audits of records of the owners of such commercial vehicles by the states participating in any such agreement or plan; and (3) any other matters which would facilitate the administration of such agreement or plan, including exchange of information for audits enforcement activities and collection and disbursement of proportional registration fees for other jurisdictions in the case of Georgia based commercial vehicles."
"(f) Each motor carrier registered under the International Registration Plan shall maintain and keep, for the current year and the three preceding years, such pertinent records and papers as may be required by the Department of

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Revenue commissioner for the reasonable administration of this chapter. If a registrant fails to make records available to the commissioner upon proper request or if any registrant fails to maintain records from which its true liability may be determined, the department commissioner may, 30 days after written demand for production of or access to the records or notification of insufficient records, impose an assessment of liability based on the commissioner's estimate of the true liability of such registrant as determined from information furnished by the registrant, information gathered by the commissioner at his or her own instance, information available to the commissioner concerning operations by similar registrants, and such other pertinent information as may be available to the commissioner."
SECTION 3-16.
Said Title 40 is further amended by striking paragraph (2) of subsection (c) of Code Section 40-2-130, relating to registration records, and inserting in its place a new paragraph to read as follows:
"(2) The owner of the vehicle. When the title or registration records of the Motor Vehicle Division of the Department of Revenue maintained by the commissioner have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information;".
SECTION 3-17.
Said Title 40 is further amended by striking Code Section 40-2-134, relating to special agents and enforcement officers, and inserting in its place a new Code section to read as follows:
"40-2-134.
Persons Certified law enforcement officers appointed by the commissioner as special agents or enforcement officers of the Department of Revenue are authorized to enforce the laws of this state relating to the licensing and registration of motor vehicles and are endowed with all the powers of a police officer of this state when engaged in the enforcement of said laws."
SECTION 3-18.
Said Title 40 is further amended by striking Code Section 40-2-136, relating to surrender of plates of habitual violators, and inserting in its place a new Code section to read as follows:
"40-2-136.
(a) If a person is convicted of violating Code Section 40-6-391 and the person's driver's license is suspended or revoked pursuant to Code Section 40-5-58, the court shall issue an order requiring that the license plate of the motor vehicle which such person was operating at the time of violating Code Section 40-6-391 be surrendered to the court, provided that such motor vehicle is registered in such person's name. In the event a person was operating a motor vehicle not registered in such person's name at the time of violating Code Section 40-6-391, the court shall issue an order requiring that the license plate of any motor vehicle registered in such person's name be surrendered to the court. The court shall notify the commissioner of public safety and the commissioner of revenue within ten days after issuing any such order. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt.
(b) Except as provided in subsection (c) of this Code section, no new license plate or plates may be issued to a person subject to a court order issued pursuant to subsection (a) of this Code section until the driver's license of such person has been reissued or reinstated, and, except as provided in subsection (c) of this Code section, it shall be a misdemeanor for such person to obtain a new license plate or plates.
(c)(1) A person who is subject to a court order issued pursuant to subsection (a) of this Code section may apply to the commissioner of public safety for authorization to obtain a new license plate or plates bearing a special series of numbers and letters so as to be identifiable by law enforcement officers. Such license plate shall not, in and of itself, constitute probable cause to authorize a traffic stop, search of a motor vehicle, or seizure. The commissioner of

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public safety shall determine whether the applicant has a valid limited driving permit or probationary license or whether there is another member of such person's household who possesses a valid driver's license, and in no event shall such determination take more than five business days. A local tag agent shall not issue any plates except on written approval of the commissioner of public safety, payment of a $20.00 fee for each vehicle for which a special plate is issued, and compliance by the applicant with all applicable state laws. The written authorization from the commissioner of public safety shall specify the maximum number of license plates a person may obtain.
(2) A motor vehicle owned or leased by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued subject to paragraph (1) of this subsection may not be sold or conveyed unless the commissioner of revenue determines, upon receipt of proper application, that the proposed sale or conveyance is in good faith, that the person subject to such court order will be deprived of custody or control of the motor vehicle, and that the sale or conveyance is not for the purpose of circumventing the provisions of this Code section. Upon making such determination, the commissioner of revenue shall transfer the certificate of title to such vehicle and issue a new certificate of registration and license plate.
(3) If the title to a motor vehicle owned by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued pursuant to paragraph (1) of this subsection is transferred by the foreclosure, cancellation of a conditional sales contract, sale upon execution, or order of a court of competent jurisdiction, the commissioner of revenue shall transfer the certificate of title as provided in Code Section 40-3-34 and issue a new license plate to the new registered owner.
(4) Upon full restoration of the driving privileges of a person subject to a court order under subsection (a) of this Code section, the commissioner of public safety shall authorize the person to apply for a regular issue license plate. The fee for a regular issue license plate shall be as provided by Code Section 48-10-2. As a condition of obtaining any regular issue license plate, the person shall surrender his or her special issue license plate to the local tag agent.
(5) Nothing in this Code section shall be deemed to waive any lawful requirement for the issuance of a license plate including, but not limited to, proof of financial responsibility.
(6) Display of a license plate issued pursuant to paragraph (1) of this subsection shall not constitute probable cause for stopping or detaining a vehicle.
(7) Any person aggrieved by a decision of the commissioner of public safety pursuant to paragraph (1) of this subsection may make a request in writing to the Office of State Administrative Hearings for a hearing. Such hearing shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
PART IV
SECTION 4-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking paragraph (2) of Code Section 40-3-2, relating to definitions applicable to certificates of title, and inserting new paragraphs (2) and (2.1) to read as follows:
"(2) 'Commissioner' means the state revenue commissioner of motor vehicle safety.
(2.1) 'Department' means the Department of Motor Vehicle Safety."
SECTION 4-2.
Said Title 40 is further amended by striking subparagraph (B) of paragraph (14) of Code Section 40-3-4, relating to exclusions from title requirements, and inserting in its place a new subparagraph to read as follows:
"(B) The owner of any vehicle which has a valid certificate of title and which becomes subject to the exclusion provided in subparagraph (A) of this paragraph may retain the certificate of title. Each subsequent transferee of any vehicle covered by subparagraph (A) of this paragraph, for which the certificate of title has been retained, may

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obtain a certificate of title by complying with Code Section 40-3-32. However, the failure of any subsequent transferee to comply with Code Section 40-3-32 shall preclude transferees subsequent to that transferee from obtaining a certificate of title. The Department of Revenue department shall maintain such records as may be necessary to allow owners to obtain a certificate of title under this subparagraph. No certificate of title authorized to be issued under this subparagraph shall be issued under Code Section 40-3-28."
SECTION 4-3.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-3-6, relating to hearings, and inserting in its place a new subsection to read as follows:
"(a) A person aggrieved by an act or omission to act of the Department of Revenue department under this chapter is entitled, upon request, to a hearing. The commissioner shall establish a board to hear complaints of persons aggrieved by an act or omission to act of the commissioner or any employee of the Department of Revenue department pertaining to the administration of this chapter. The procedure established in this chapter for the handling of complaints and grievances shall be exclusive and these procedures shall apply to all such complaints and grievances. The commissioner shall promulgate rules and regulations governing the membership of the board and the organization thereof."
SECTION 4-4.
Said Title 40 is further amended by striking paragraph (2) of subsection (d) of Code Section 40-3-23, relating to title records, and inserting in its place a new paragraph to read as follows:
"(2) The owner of the vehicle. When the title or registration records of the Motor Vehicle Division of the Department of Revenue department have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information;".
SECTION 4-5.
Said Title 40 is further amended by striking paragraph (2) of subsection (a) of Code Section 40-3-26, relating to delivery and disposition of titles, and inserting in its place a new paragraph to read as follows:
"(2) The commissioner may enter into agreements with any such security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien. Such security interest or lien shall remain on the official records of the Motor Vehicle Division of the Department of Revenue department until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release, or at the request of the lienholder or security interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection without payment of any fee provided by Code Section 40-3-38."
SECTION 4-6.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-3-30, relating to compliance with safety standards, and inserting in its place a new subsection to read as follows:
"(a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with federal safety standards applicable to new motor vehicles as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the Department of Revenue commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation."

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SECTION 4-7.
Said Title 40 is further amended by striking subparagraph (a)(2)(D) of Code Section 40-3-36, relating to salvage vehicles, and inserting in its place a new subparagraph to read as follows:
"(D) The Department of Revenue department shall give priority to the title submissions provided for in subparagraph (C) of this paragraph and shall issue a salvage certificate of title for such vehicles within seven days of receipt of such submissions by an insurance company."
SECTION 4-8.
Said Title 40 is further amended by striking Code Section 40-3-39, relating to compensation of tag agents, and inserting in its place a new Code section to read as follows:
"40-3-39.
The commissioner is authorized to utilize the services of persons appointed as county tag agents under Code Section 40-2-23 and to allow such county tag agents to retain a fee therefor not in excess of 50_ for each application handled, such fee to be disposed of as other tag fees retained by him or her as tag agent are disposed of in his or her county. Any applicant for a title shall have the right to mail the application directly to the Department of Revenue department."
SECTION 4-9.
Said Title 40 is further amended by striking 40-3-42, relating to timely submission of applications, and inserting in its place a new Code section to read as follows:
"40-3-42.
In instances when an application for title is required to be submitted within a certain time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the application was timely submitted. Additionally, when the law provides for a penalty for the untimely submission of a title application, the responsibility for the collection of such penalty shall be that of the Department of Revenue department."
PART V
SECTION 5-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking paragraphs (2), (3), (5), and (7) of Code Section 40-5-1, relating to definitions applicable to drivers' licenses, and inserting in their respective places new paragraphs to read as follows:
"(2) 'Board' means the Board of Public Safety Reserved.
(3) 'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Public Motor Vehicle Safety of a person's license because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation."
"(5) 'Commissioner' means the commissioner of public motor vehicle safety."
"(7) 'Department' means the Department of Public Motor Vehicle Safety."
SECTION 5-2.

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Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-2, relating to drivers' license records, and inserting in its place a new subsection to read as follows:
"(a) The Department of Public Safety department shall maintain records regarding the drivers' licenses and permits issued by the department under this chapter. The drivers' records maintained by the department shall include:
(1) A record of every application for a license received by it and suitable indexes containing:
(A) All applications granted; and
(B) The name of every licensee whose license has been canceled, suspended, or revoked by the department and after each such name shall note the reasons for such action;
(2) Drivers' records received from other jurisdictions. Upon receipt of such driver's record, it shall become a part of such driver's record in this state and shall have the same force and effect as though entered on the driver's record in this state in the original instance; and
(3) Records of all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-54, Code Section 40-6-10, driving on a suspended license in violation of Code Section 405-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-575, Chapter 9 of this title, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which such licensee has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest."
SECTION 5-3.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-4, relating to license regulations, and inserting in its place a new subsection to read as follows:
"(a) The board commissioner is authorized to implement any and all provisions of this chapter by the promulgation of necessary rules and regulations. An express grant of authority to the board commissioner in any Code section to promulgate regulations shall not be construed as excluding such authority in any other Code section."
SECTION 5-4.
Said Title 40 is further amended by striking paragraph (11) of subsection (a) of Code Section 40-5-21, relating to exemptions from licensure, and inserting in its place a new paragraph to read as follows:
"(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the Department of Public Safety department in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act,' or when such driving instructor and vehicle are approved by the State Department of Education for a driver education program offered by a public high school, provided that the course is open only to students of such accredited school. As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the Department of Public Motor Vehicle Safety or Department of Education rules clearly identifying such vehicles as training cars belonging to a driving school or public high school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at

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least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27."
SECTION 5-5.
Said Title 40 is further amended by striking paragraph (3) of subsection (a) of Code Section 40-5-22, relating to requirements for licensure, and inserting in its place a new paragraph to read as follows:
"(3) The State Board of Education and the Board of Public Safety commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection."
SECTION 5-6.
Said Title 40 is further amended by striking Code Section 40-5-22.1, relating to reinstatement of certain license privileges, and inserting in its place a new Code section to read as follows:
"40-5-22.1.
Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or an assessment and intervention program approved by the juvenile court and pays a fee of $210.00 to the Department of Public Motor Vehicle Safety or $200.00 when such application is processed by mail. The court shall notify the Department of Public Motor Vehicle Safety of its order delaying the issuance of such child's license within 15 days of the date of such order. The Department of Public Motor Vehicle Safety shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section."
SECTION 5-7.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-5-23, relating to classes of licenses, and inserting in its place a new subsection to read as follows:
"(b) Subject to this chapter, the board commissioner shall establish by rules and regulations such qualifications, including but not limited to, training, experience, or educational prerequisites, as it he or she believes are necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his or her qualification according to the type or general class of license applied for."
SECTION 5-8.
Said Title 40 is further amended by striking the introductory language of subsection (a) of Code Section 40-5-25, relating to license applications and fees, and inserting in its place new language to read as follows:
"Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Department of Public Safety commissioner, not to exceed:".
SECTION 5-9.
Said Title 40 is further amended by striking subsection (c) of said Code Section 40-5-25 and inserting in its place a new subsection to read as follows:

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"(c) Every such application shall state the full name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the department commissioner may require to determine the applicant's identity, competence, and eligibility. The department shall not issue a license until a complete examination of the applicant's record has been completed. The board commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications."
SECTION 5-10.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-30, relating to restricted licenses, and inserting in its place a new subsection to read as follows:
"(a) Upon issuing a driver's license, the department shall have authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to special mechanical control devices required on a motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. The board commissioner may promulgate such rules and regulations as are necessary to implement this Code section."
SECTION 5-11.
Said Title 40 is further amended by striking Code Section 40-5-32, relating to expiration and renewal of licenses, and inserting in its place a new Code section to read as follows:
"40-5-32.
(a) Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and satisfactory completion of the examination required or authorized by subsection (b) of this Code section. Every holder of a veteran's or honorary license shall meet the requirements of subsection (b) of this Code section on or before his or her birthday every four years, beginning from the date on which the holder was last required to take an examination under former Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp. 916, 917. The department may allow a veteran or honorary license holder to retain his or her expired veteran's or honorary license as a souvenir. The board commissioner shall issue such rules and regulations as are required to enforce this subsection.
(b) The department shall require every person applying for renewal of a driver's license to take and pass successfully such test of his or her eyesight as the department shall prescribe. At the time of the renewal, the department shall issue a pamphlet containing information pertaining to new traffic laws and to traffic laws most frequently violated. The board commissioner may issue such rules and regulations as are necessary to implement this subsection."
SECTION 5-12.
Said Title 40 is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-35, relating to medical qualifications, and inserting in their place new subsections to read as follows:
"(a) The Driver License Advisory Board appointed by the department shall define disorders characterized by lapses of consciousness or other mental or physical disabilities affecting the ability of a person to drive safely for the purpose of the reports required by this Code section, and the Board of Public Safety commissioner may use these definitions to promulgate regulations making such disorders and disabilities disqualifications, under certain conditions, for obtaining or keeping a driver's license for any class or classes of vehicles.
(b) All physicians licensed under Article 2 of Chapter 34 of Title 43 to diagnose and treat disorders and disabilities defined by the Board of Public Safety commissioner may report to the department the full name, date of birth, and address of any person with a disability which would render such person incapable of operating a motor vehicle safely.

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(c) All other persons licensed under Chapter 30 of Title 43 to diagnose and treat disorders defined by the Board of Public Safety commissioner may report to the department the full name, date of birth, and address of any person with a disability which would render such person incapable of operating a motor vehicle safely."
SECTION 5-13.
Said Title 40 is further amended by striking subsections (a) and (b) of Code Section 40-5-36, relating to veterans', honorary, and distinctive licenses, and inserting in their place new subsections to read as follows:
"(a) Except as specifically provided in this chapter, no part of this chapter shall be interpreted as affecting the rights and privileges of a person holding a veteran's, honorary, or distinctive license, and nothing in this chapter shall be construed so as to authorize the department to impose any charge or fee of any type whatsoever for the issuance or renewal of a veteran's, honorary, or distinctive license; provided, however, that the board commissioner may issue regulations on types and classes of vehicles which may be operated by the holder of such license.
(b) The board commissioner shall establish by rules and regulations the proof required to be produced by an applicant for a veteran's, honorary, or distinctive license. The contents of such license shall be the same as for any other license. The forms upon which such licenses are issued shall be such that the licenses are of a permanent nature, provided that nothing in this subsection shall authorize the department to require any person holding a veteran's or honorary license before January 1, 1976, to surrender such license. Veterans', honorary, and distinctive licenses shall not be subject to any fees."
SECTION 5-14.
Said Title 40 is further amended by striking Code Section 40-5-50, relating to license cancellation, and inserting in its place a new Code section to read as follows:
"40-5-50.
The department is authorized to cancel any driver's license or personal identification card issued by the Department of Public Safety department pursuant to Code Section 40-5-100 upon determining that the holder of such license or identification card was not entitled to the issuance thereof under this chapter or failed to give the required or correct information in the application for such license or identification card."
SECTION 5-15.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-53, relating to reports of convictions, and inserting in its place a new subsection to read as follows:
"(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, 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 the same to the Department of Public Safety department, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the Department of Public Safety department shall retain possession of any suspended drivers' licenses forwarded to it under this or any other provision of law if the license's expiration date, as shown on the driver's license, is one year or more away. The department shall return the driver's original license upon payment of the applicable reinstatement fee if such driver applies for and is granted reinstatement while the original license is in the possession of the department. No additional fee shall be required for the return of such original license. The department may destroy a suspended license if the license's expiration date, as shown on the license, is less than one year away."
SECTION 5-16.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-5-54, relating to mandatory license suspension, and inserting in its place a new subsection to read as follows:

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"(b) All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms provided by the Department of Public Safety department of the suspension of the defendant's driver's license. The period of suspension shall be determined by the Department of Public Safety department for the term authorized by law. The court shall forward the notice of suspension and the defendant's driver's license to the Department of Public Safety department within ten days from the date of conviction. The Department of Public Safety department shall notify the defendant of the period of suspension at the address provided by the defendant."
SECTION 5-17.
Said Title 40 is further amended by striking subsection (e) of Code Section 40-5-54.1, relating to compliance with child support orders, and inserting in its place a new subsection to read as follows:
"(e) A person whose driver's license has been suspended pursuant to this Code section may apply to the Department of Public Safety department for a restricted driving permit as provided in Code Section 40-5-71."
SECTION 5-18.
Said Title 40 is further amended by striking subsection (c) of Code Section 40-5-56, relating to response to citations, and inserting in its place a new subsection to read as follows:
"(c) The suspension provided for in this Code section shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail to the Department of Public Safety department. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter."
SECTION 5-19.
Said Title 40 is further amended by striking subparagraph (c)(1)(C) of Code Section 40-5-57, relating to license suspension, and inserting in its place a new subparagraph to read as follows:
"(C) A court may order a person to attend a driver improvement course for any violation for which points are assessed against a driver's license under this subsection or may accept the attendance by a person at a driver improvement clinic after the issuance of a citation for such offense and prior to such person's appearance before the court, in which event the court shall reduce the fine assessed against such person by 20 percent, and no points shall be assessed by the department against such driver. The disposition and court order shall be reported to the Department of Public Safety department and shall be placed on the motor vehicle record with a zero point count. This plea may be accepted by the court once every five years as measured from date of arrest to date of arrest."
SECTION 5-20.
Said Title 40 is further amended by striking subsection (d) of Code Section 40-5-57.1, relating to revocation of young drivers' licenses, and inserting in its place a new subsection to read as follows:
"(d) Any person whose driver's license is revoked under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not be issued a new driver's license without submitting proof of completion of a defensive driving program approved by the Department of Public Safety department and payment of a fee equivalent to that required for restoration of a suspended driver's license under paragraph (1) of subsection (a) of Code Section 40-5-63."
SECTION 5-21.
Said Title 40 is further amended by striking subsections (b) and (c) of Code Section 40-5-58, relating to habitual violators, and inserting in their place new subsections to read as follows:

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"(b) When the records of the department disclose that any person has been arrested and convicted of a violation of Chapter 6 of this title, or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after January 1, 1976, which record of arrest and conviction, when taken with and added to previous arrests and convictions of such person as contained in the files of the department, reveals that such person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that upon the date of notification such person has been declared by the department to be a habitual violator, and that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such license shall be revoked by such notice and shall be surrendered to the department within ten days of notification of such determination. For the purposes of this chapter, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. In addition to the procedure set forth in this subsection, the sentencing judge or prosecutor in a conviction which conviction classifies the defendant as a habitual violator may, at the time of sentencing, declare such defendant to be a habitual violator. The judge or prosecutor shall, when declaring a defendant to be a habitual violator, then give personal notice to such defendant on forms provided by the Department of Public Safety department that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. The judge or prosecutor, as the case may be, shall within three days forward to the Department of Public Safety department the order declaring that the defendant is a habitual violator, the notice of service, with the defendant's driver's license or a sworn affidavit of the defendant declaring that the driver's license has been lost, and the Department of Public Safety's department's copy of the uniform citation or the official notice of conviction attached thereto.
(c)(1) Except as provided in paragraph (2) of this subsection or in subsection (e) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his or her driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the Department of Public Safety department has issued such person a driver's license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the Department of Public Safety department has issued such person a driver's license shall be guilty of a misdemeanor.
(2) Any person declared to be a habitual violator as a result of three or more convictions of violations of Code Section 40-6-391 within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, and who is thereafter convicted of operating a motor vehicle during such period of revocation, prior to the issuance of a probationary license under subsection (e) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both."
SECTION 5-22.
Said Title 40 is further amended by striking subparagraph (e)(1)(C) of said Code Section 40-5-58, and inserting in its place a new subparagraph to read as follows:
"(C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the Department of Public Safety department;".
SECTION 5-23.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-61, relating to surrender and return of licenses, and inserting in its place a new subsection to read as follows:

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"(a) The department, upon canceling, suspending, or revoking a license, shall require that such license shall be surrendered to the department and be processed in accordance with the rules and regulations of the Department of Public Safety department."
SECTION 5-24.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-63, relating to periods of suspension, and inserting in its place a new subsection to read as follows:
"(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 406-391 shall be governed by the suspension requirements of Code Section 40-5-75:
(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 department for reinstatement of said driver's license. Such license shall be reinstated if 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 a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Motor Vehicle Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. 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 21 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 be considered a conviction, and 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 department 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 department for reinstatement of said driver's license. Such license shall be reinstated if 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 a restoration fee of $210.00 or $200.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Motor Vehicle Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. 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, 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

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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
(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 shall be considered a habitual violator, and said license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. 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 shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions."
SECTION 5-25.
Said Title 40 is further amended by striking subsections (e) and (f) of said Code Section 40-5-63 and inserting in their place new subsections to read as follows:
"(e) The driver's license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the Department of Public Safety department for reinstatement of said driver's license. Such license shall be reinstated only if the person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended, provided that such person completes a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after sentencing.
(f) The driver's license of any person who is convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23 upon the first conviction shall be suspended for a period of six months and upon the second or subsequent conviction shall be suspended for a period of one year. At the end of the period of suspension, the person may apply to the Department of Public Safety department for reinstatement of his or her driver's license. Such license shall be reinstated upon payment of a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended."
SECTION 5-26.
Said Title 40 is further amended by striking Code Section 40-5-63.1, relating to substance abuse evaluation and treatment programs, and inserting in its place a new Code section to read as follows:
"40-5-63.1.
In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-558, 40-5-62, or 40-5-63, any person with two or more convictions of violation of Code Section 40-6-391 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 required to undergo a clinical evaluation and, if indicated by such evaluation, must complete a substance abuse treatment program, provided that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program must be submitted to the Department of Public Safety department prior to license reinstatement, issuance, or restoration. Any person who is otherwise eligible for license reinstatement at the end of 120 days under paragraph (2) of subsection (a) of Code Section 40-5-63 and who has enrolled in but not completed a substance abuse treatment program may, at the end of such 120 day period, apply for a limited driving permit. Proof of such enrollment must be submitted with the application for a limited driving permit. For purposes of this Code

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section, 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."
SECTION 5-27.
Said Title 40 is further amended by striking subsection (i) of Code Section 40-5-64, relating to limited driving permits, and inserting in its place a new subsection to read as follows:
"(i) Rules and regulations. The board commissioner may promulgate such rules and regulations as are necessary to implement this Code section."
SECTION 5-28.
Said Title 40 is further amended by striking Code Section 40-5-67, relating to seizure of licenses in certain circumstances, and inserting in its place a new Code section to read as follows:
"40-5-67.
(a) 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 department. 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.
(b) At the time the law enforcement officer takes the driver's license, the officer shall issue a temporary driving permit to the person as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 30 day temporary driving permit;
(2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 30 day temporary driving permit; or
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit.
This temporary driving permit shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety department, 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.
(c)(1) If the person is convicted of violating or enters a plea of nolo contendere to a charge 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 disposition of the case to the Department of Public Safety department. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section.
(2) If the person is not convicted of violating and does not enter a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the Department of Public Safety department for disposition."

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SECTION 5-29.
Said Title 40 is further amended by striking subsection (d) of Code Section 40-5-67.1, relating to implied consent testing, and inserting in its place a new subsection to read as follows:
"(d) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the Department of Public Safety department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had 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 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, the department shall suspend the person's driver's license, permit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial motor vehicle and shall suspend the person's driver's license, permit, or nonresident operating privilege, subject to review as provided for in this chapter."
SECTION 5-30.
Said Title 40 is further amended by striking paragraph (1) of subsection (f) of said Code Section 40-5-67.1 and inserting in its place a new paragraph to read as follows:
"(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 30 day temporary permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the sworn report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the Department of Public Safety department from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section."
SECTION 5-31.
Said Title 40 is further amended by striking paragraph (4) of subsection (g) of said Code Section 40-5-67.1 and inserting in its place a new paragraph to read as follows:
"(4) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver's license record. An accepted plea of nolo contendere shall be entered on the driver's license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the driver's license restoration fee shall be promptly returned by the Department of Public Safety department to the licensee."
SECTION 5-32.
Said Title 40 is further amended by striking the introductory language of subsection (i) of said Code Section 40-567.1 and inserting in its place new language to read as follows:

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"Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by subsection (g) of this Code section for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the amount of $20.00 for each day's attendance at such hearing. In the event a law enforcement officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. The compensation provided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the officer attends any such hearing. The compensation provided for by this subsection shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the Board of Public Safety commissioner shall provide by rules or regulations of said board. The Board of Public Safety commissioner shall also require verification of a law enforcement officer's qualifying to receive the payment authorized by this subsection by requiring the completion of an appropriate document in substantially the following form:".
SECTION 5-33.
Said Title 40 is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 40-5-67.2, relating to licensing suspensions involving implied consent testing, and inserting in their place new paragraphs to read as follows:
"(1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the Department of Public Safety department for reinstatement of his or her driver's license. Such license shall be reinstated if 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 a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 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.
(2) Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the Department of Public Safety department for reinstatement of the person's driver's license. Such license shall be reinstated if 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 a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 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."
SECTION 5-34.
Said Title 40 is further amended by striking Code Section 40-5-69, relating to effect of physical surrender of suspended license, and inserting in its place a new Code Section to read as follows:
"40-5-69.
If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63, 40-5-67.1, or 405-67.2, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public Safety department as provided in Code Section 405-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension."
SECTION 5-35.

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Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-71, relating to cancellation of insurance, and inserting in its place a new subsection to read as follows:
"(a)(1) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the date on which the policy cannot be reinstated to maintain coverage continuously in force, shall notify the Department of Public Safety department in the form specified by the department of such cancellation and the reason for such cancellation. For the purposes of aiding in the enforcement of the requirement of minimum motor vehicle insurance, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. The commissioner of public motor vehicle safety shall notify the Commissioner of Insurance quarterly of any and all notices of cancellation sent to the Department of Public Motor Vehicle Safety by any insurer in violation of the regulation of the Department of Public Motor Vehicle Safety defining a cancellation and the Commissioner of Insurance may take appropriate action against such insurer, including, but not limited to, suspension or revocation of an agent's license, civil or criminal prosecution, monetary penalties, or any other sanction the Commissioner of Insurance is authorized by law to impose. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.
(2) The Department of Public Motor Vehicle 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 Motor Vehicle Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation."
SECTION 5-36.
Said Title 40 is further amended by striking subsection (d) of said Code Section 40-5-71 and inserting in its place a new subsection to read as follows:
"(d) A person whose driver's license has been suspended pursuant to Code Section 40-5-70, 40-5-54.1, or this Code section or as a result of a conviction under Code Section 40-6-10 may apply to the Department of Public Safety department for a restricted driving permit as provided in this Code section. A person whose driver's license was surrendered may apply to the department for a restricted driving permit immediately following the conviction or suspension."
SECTION 5-37.
Said Title 40 is further amended by striking subparagraph (f)(2)(F) of said Code Section 40-5-71 and inserting in its place a new subparagraph to read as follows:
"(F) Such other conditions as the Department of Public Safety department may require."
SECTION 5-38.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-5-72, relating to surrender of suspended licenses, and inserting in its place a new subsection to read as follows:
"(b) If such driver's license and, where applicable, license tag and tag registration are not received by the department within ten days following the effective date of suspension, the commissioner of public safety shall immediately direct any member of the Georgia State Patrol or any peace officer to secure possession of the driver's license and, where applicable, license tag and tag registration and return the same to the department. The person whose driver's license and, where applicable, license tag and tag registration have been suspended shall surrender such items to any member of the Georgia State Patrol or any peace officer upon demand."

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SECTION 5-39.
Said Title 40 is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-75, relating to license suspension for certain drug and alcohol violations, and inserting in their place new subsections to read as follows:
"(a) The driver's license of any person convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such a substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-1330, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(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 180 days. At the end of 180 days, the person may apply to the Department of Public Safety department for reinstatement of his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Public Motor Vehicle Safety a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of any drug related offense listed in this subsection 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 department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Public Motor Vehicle Safety a restoration fee of $210.00 or $200.00 when such reinstatement 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 department 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 department;
(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 or her place of employment or performing the normal duties of his or her occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs;

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(iii) Attending a college or school at which he or she is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organizations 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, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-1330, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction, 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 department 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 July 1, 1994, if, at the time of conviction of any offense listed in subsection (a) of this Code section, the person does not have a driver's license or the person's driver's license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies 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. 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 a 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 defendant shall submit evidence of such completion to the Department of Public Safety department. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, his or her 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 department.
(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 title 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 department."
SECTION 5-40.
Said Title 40 is further amended by striking Code Section 40-5-80, relating to purposes of the "Georgia Driver Improvement Act," and inserting in its place a new Code section to read as follows:
"40-5-80.
The purpose of this article, the 'Georgia Driver Improvement Act,' is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Public Motor Vehicle Safety and the Department of Human Resources, as applicable, 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 commissioner of motor vehicle safety and shall, as best as the board commissioner shall determine, approximate the expense incurred by the Department of Public Motor Vehicle 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

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(2) Require, in addition to the criteria for approval of driver improvement clinics established by the commissioner of public motor vehicle safety and DUI Alcohol or Drug Use Risk Reduction Programs established by the Department of Human Resources, as provided in subsections (a) and (e) of Code Section 40-5-83, respectively, that every driver improvement clinic and DUI Alcohol or Drug Use Risk Reduction Program 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 Motor Vehicle Safety or the Department of Human Resources, as applicable, 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 commissioner of motor vehicle safety or the Board of Human Resources, as applicable; 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 or program shall be deemed suspended by operation of law until a valid surety company bond is again in force."
SECTION 5-41.
Said Title 40 is further amended by striking subsection (c) of Code Section 40-5-81, relating to optional program nature, and inserting in its place a new subsection to read as follows:
"(c) It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the Department of Public Motor Vehicle Safety or the Department of Human Resources to directly or indirectly solicit business by personal solicitation on public property, by phone or mail. A violation of this subsection shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories by a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall not be considered a violation of this subsection."
SECTION 5-42.
Said Title 40 is further amended by striking subsections (a) and (d) of Code Section 40-5-82, relating to administration of the driver improvement program, and inserting in their respective places new subsections to read as follows:
"(a) The Driver Improvement Program created by this article shall be administered by the commissioner of public motor vehicle safety. The Board of Public Safety commissioner is authorized to promulgate and adopt rules and regulations necessary to carry out this article."
"(d) All DUI Alcohol or Drug Use Risk Reduction Program records including, but not limited to, assessment results and other components attended shall be confidential and shall not be released without the written consent of the DUI offender, except that such records shall be made available to the Department of Human Resources and the Department of Public Motor Vehicle Safety."
SECTION 5-43.
Said Title 40 is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-83, relating to clinics and programs, and inserting in their place new subsections to read as follows:
"(a)(1) The commissioner of public motor vehicle safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. Approved clinics may charge a fee of not more than $60.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college.

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(2) The commissioner may issue a special license to the instructor of any commercial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 250 hours of behind-the-wheel training in a teen-age driver education course.
(b)(1) The commissioner of public safety shall be authorized to accept certificates of completion from all defensive driving, driving under the influence, and alcohol and drug programs, clinics, and courses approved by any other state, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States.
(2) Driver improvement clinics, programs, and courses outside of the State of Georgia shall not be required to comply with the provisions of subsection (a) of this Code section.
(c) The commissioner of public safety shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course."
SECTION 5-44.
Said Title 40 is further amended by striking Code Section 40-5-88, relating to administrative penalties, and inserting in its place a new Code section to read as follows:
"40-5-88.
As an alternative to criminal or other civil enforcements enforcement, the commissioner of public motor vehicle safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever that commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of public motor vehicle safety or the commissioner of human resources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of public motor vehicle safety or the commissioner of human resources, as appropriate, may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of such commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article."

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SECTION 5-45.
Said Title 40 is further amended by striking the introductory language of subsection (a) of Code Section 40-5-100, relating to issuance of identification cards, and inserting in its place new language to read as follows:
"The Department of Public Safety department shall issue personal identification cards to all residents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety commissioner. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and may contain a recent color photograph of the applicant and include the following information:".
SECTION 5-46.
Said Title 40 is further amended by striking subsection (b) of said Code Section 40-5-100, and inserting in its place a new subsection to read as follows:
"(b) The identification card shall be valid for four years and shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall not be the same as the social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."
SECTION 5-47.
Said Title 40 is further amended by striking Code Section 40-5-101, relating to rules and regulations, and inserting in its place a new Code section to read as follows:
"40-5-101.
The Board of Public Safety commissioner shall promulgate rules and regulations under which this article shall be implemented and administered."
SECTION 5-48.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-5-103, relating to fees for identification cards, and inserting in its place a new subsection to read as follows:
"(b) The department shall collect a fee of $5.00 for the identification card for all persons who are referred by a nonprofit organization which organization has entered into an agreement with the Department of Public Safety department whereby such organization verifies that the individual applying for such identification card is indigent. The department shall enter into such agreements and shall adopt rules and regulations to govern such agreements."
SECTION 5-49.
Said Title 40 is further amended by striking paragraph (1) of subsection (b) of Code Section 40-5-121, relating to driving with a suspended or revoked license, and inserting in its place a new paragraph to read as follows:
"(1) The charge of driving with a suspended or disqualified license shall not be made where the suspension is a result of a failure to respond under Code Section 40-5-56 or an insurance cancellation unless the arresting officer has verified a service date and such date is placed on the Uniform Citation uniform citation. If the suspension or disqualification is verified and the driver possesses a driver's license, the license shall be confiscated and mailed to the Department of Public Safety department. If the suspension or disqualification is not verified, the arresting officer shall serve the driver and attach the driver's license, if available, to the copy of service and send it to the Department of Public Safety department."

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SECTION 5-50.
Said Title 40 is further amended by striking Code Section 40-5-125, relating to crimes of falsification, and inserting in its place a new Code section to read as follows:
"40-5-125.
It is a misdemeanor for any person to:
(1) Display, cause or permit to be displayed, or have in his or her possession any fictitious, fraudulent, or altered driver's license or identification card;
(2) Use a false or fictitious name or provide any other false information in any application for a driver's license or identification card;
(3) Procure, secure, or assist another person in the procuring or securing of a fraudulent driver's license or identification card;
(4) Alter any driver's license or identification card such that the information on the license is false or fictitious;
(5) Sell or deliver any false, fictitious, or altered driver's license or identification card;
(6) Lend his or her driver's license or identification card to any other person or permit knowingly the use thereof by another person;
(7) Display or represent as his or her own any driver's license or identification card not issued to him or her; or
(8) Conceal a material fact in any application for a driver's license or identification card.
Any employee of the Department of Public Safety department who knowingly violates and is convicted of violating this Code section shall also be guilty of the offense of violating his or her public position and, upon conviction, shall be punished as for such separate and additional violation."
SECTION 5-51.
Said Title 40 is further amended by striking paragraph (7) of Code Section 40-5-142, relating to definitions applicable to commercial drivers' licenses, and inserting in its place a new paragraph to read as follows:
"(7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation;
(B) If the vehicle is designed to transport 16 or more passengers, including the driver; or
(C) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F;
provided, however, that for the purposes of this article, no agricultural vehicle, military vehicle operated by military personnel, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial vehicle. As used in this paragraph, the term 'agricultural vehicle' means a farm vehicle which is controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such person's farm; which vehicle is not used in the operations of a common or contract carrier. Any other waiver by the Federal Highway Administration pursuant to Federal Law 49 C.F.R. Parts

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383, 391, RIN 2125-AB 68, of the United States Department of Transportation shall supersede state law in authorizing the Department of Public Safety Department of Motor Vehicle Safety to exempt said classes."
SECTION 5-52.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-144, relating to notices required of commercial drivers, and inserting in its place a new subsection to read as follows:
"(a) Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state or any federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than parking violations, shall notify the Department of Public Safety department in the manner specified by the department within 30 days of the date of conviction. If the court notifies the department of such conviction, the responsibility of the driver to notify the department shall be waived."
SECTION 5-53.
Said Title 40 is further amended by striking subsections (a) and (b) of Code Section 40-5-147, relating to requirements for issuance of licenses and permits, and inserting in their place new subsections to read as follows:
"(a)(1) Except as provided in Code Section 40-5-148, no person may be issued a commercial driver's license unless that person is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the Department of Public Safety department in English only.
(2) The Department of Public Safety department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution or a department, agency, or instrumentality of a local government, to administer the skills test specified by this Code section, provided that:
(A) The test is the same which would otherwise be administered by the state;
(B)The third party has entered into an agreement with the state which complies with the requirements set forth in 49 C.F.R. Part 383.75; and
(C) The third party complies with all other requirements set by the Department of Public Safety department by regulations.
(b) The Department of Public Safety department may waive the skills test specified in this Code section for a commercial driver's license applicant who meets the requirements of 49 C.F.R. Part 383.77."
SECTION 5-54.
Said Title 40 is further amended by striking Code Section 40-5-148, relating to nonresident commercial drivers' licenses, and inserting in its place a new Code section to read as follows:
"40-5-148.
The Department of Public Safety department may issue a nonresident commercial driver's license to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards of the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. Part 383. The word 'nonresident' must appear on the face of the nonresident commercial driver's license. An applicant must surrender any nonresident commercial driver's license issued by another state. Prior to issuing a nonresident commercial driver's license, the department must establish the practical capability of revoking,

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suspending, and canceling the nonresident commercial driver's license and disqualifying that person from driving a commercial motor vehicle under the same conditions applicable to the commercial driver's license issued to a resident of this state."
SECTION 5-55.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-148.1, relating to restricted commercial licenses for agriculture, and inserting in its place a new subsection to read as follows:
"(a) Pursuant to a waiver of the United States Secretary of Transportation, issued April 17, 1992, the Department of Public Safety department is authorized to issue Class B or Class C restricted commercial drivers' licenses to certain persons employed in the agricultural industry. Such restricted licenses shall be issued annually but shall not be valid for more than a total of 180 days in a 12 month period."
SECTION 5-56.
Said Title 40 is further amended by striking paragraph (8) of subsection (a) of Code Section 40-5-149, relating to commercial drivers' license applications, and inserting in its place a new paragraph to read as follows:
"(8) Any other information required by the Department of Public Safety department; and".
SECTION 5-57.
Said Title 40 is further amended by striking paragraph (5) of subsection (a) of Code Section 40-5-150, relating to contents of commercial drivers' licenses, and inserting in its place a new paragraph to read as follows:
"(5) The person's social security number if such person has requested the use of such social security number on such license or another number or identifier deemed appropriate by the Department of Public Safety department;".
SECTION 5-58.
Said Title 40 is further amended by striking subsections (e) and (f) of said Code Section 40-5-150 and inserting in their place new subsections to read as follows:
"(e) Before issuing a commercial driver's license, the Department of Public Safety department shall obtain driving record information through the Commercial Driver License Information System, through the National Driver Register (NDR), and from each state in which the applicant has been licensed within the past five years.
(f) Within ten days after issuing a commercial driver's license, the Department of Public Safety department shall notify the Commercial Driver License Information System of that fact and provide all information required to ensure identification of the licensee."
SECTION 5-59.
Said Title 40 is further amended by striking subsections (d) through (h) of Code Section 40-5-151, relating to disqualification from commercial driving, and inserting in their place new subsections to read as follows:
"(d) The Department of Public Safety department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be reduced to a period of not less than ten years.
(e) Any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.

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(f) Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations or 120 days if convicted of three serious traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained.
(g)(1) Any person is disqualified from driving a commercial motor vehicle based on the following violations of outof-service orders:
(A) First violation - a driver who is convicted of a first violation of an out-of-service order is disqualified for a period of not less than 90 days and not more than one year;
(B) Second violation - a driver who is convicted of two violations of out-of-service orders in separate incidents is disqualified for a period of not less than one year and not more than five years; and
(C) Third or subsequent violation - a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years.
(2) Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle, the operator of the commercial motor vehicle's employer, and a copy or notice of such out-of-service order shall be provided to the department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issuance of out-of-service orders and violations thereof shall be provided in rules and regulations promulgated by the commissioner or board.
(h) After suspending, revoking, or canceling a commercial driver's license, the Department of Public Safety department shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial driver's privileges, the Department of Public Safety department shall notify the licensing authority of the state which issued the commercial driver's license within ten days."
SECTION 5-60.
Said Title 40 is further amended by striking subsections (d) and (e) of Code Section 40-5-153, relating to implied consent for testing, and inserting in their place new subsections to read as follows:
"(d) If the person refuses testing, the law enforcement officer must submit an affidavit to the Department of Public Safety department within ten days of such refusal certifying that the test was requested pursuant to subsection (a) of this Code section and that the person refused to submit to testing.
(e) Upon receipt of the affidavit submitted by a law enforcement officer under subsection (d) of this Code section, the Department of Public Safety department must disqualify the driver from driving a commercial motor vehicle for a period of one year as provided under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-5-67.1. If the driver is in possession of a driver's license, the officer shall take possession of the license and attach it to the affidavit."
SECTION 5-61.
Said Title 40 is further amended by striking Code Section 40-5-154, relating to notice of conviction to licensing states, and inserting in its place a new Code section to read as follows:
"40-5-154.
Within ten days after receiving a report of the conviction of any nonresident holder of a commercial driver's license for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the Department of Public Safety department shall notify the licensing state of such conviction."

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SECTION 5-62.
Said Title 40 is further amended by striking Code Section 40-5-155, relating to access to commercial drivers' license information, and inserting in its place a new Code section to read as follows:
"40-5-155.
Notwithstanding any other provision of law to the contrary, the Department of Public Safety department shall furnish full information regarding the driving record of any person to:
(1) The driver's license administrator of any other state or of any province or territory of Canada requesting that information;
(2) Any employer or prospective employer upon the request of such employer and the payment of a fee of not more than $10.00; and
(3) Insurers upon request and payment of a fee of not more than $10.00."
SECTION 5-63.
Said Title 40 is further amended by striking Code Section 40-5-156, relating to rules applicable to commercial drivers' licenses, and inserting in its place a new Code section to read as follows:
"40-5-156.
The Board of Public Safety commissioner may adopt any rules and regulations necessary to carry out the provisions of this article."
SECTION 5-64.
Said Title 40 is further amended by striking Code Section 40-5-157, relating to agreements relating to commercial drivers' licenses, and inserting in its place a new Code section to read as follows:
"40-5-157.
The commissioner of the Department of Public Safety or his or her designee may enter into or make agreements, arrangements, or declarations to carry out the provisions of this article."
SECTION 5-65.
Said Title 40 is further amended by striking subsections (b) and (c) of Code Section 40-5-159, relating to violations involving commercial driving, and inserting in their place new subsections to read as follows:
"(b) Any employer who reports fraudulent information to the Department of Public Safety department regarding an employee's employment or experience as required under 49 C.F.R. Part 383 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00.
(c) Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. The Department of Public Safety department shall suspend the commercial driver's license or commercial driving privilege of such driver for a period of six months."
SECTION 5-66.
Said Title 40 is further amended by striking Code Section 40-5-171, relating to identification cards for persons with disabilities, and inserting in its place a new Code section to read as follows:

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"40-5-171.
(a) The Department of Public Safety department shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety commissioner. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this article, may contain a recent color photograph of the applicant and the following information:
(1) Full legal name;
(2) Address of residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Date identification card expires;
(6) Sex;
(7) Height;
(8) Weight;
(9) Eye color;
(10) Location where the identification card was issued;
(11) Signature of person identified or facsimile thereof;
(12) Fingerprint of person identified; and
(13) Such other information as required by the department.
(b) The identification card for persons with disabilities shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall not be the same as the applicant's social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."
SECTION 5-67.
Said Title 40 is further amended by striking Code Section 40-5-176, relating to rules applicable to identification cards for persons with disabilities, and inserting in its place a new Code section to read as follows:
"40-5-176.
The Board of Public Safety commissioner shall promulgate rules and regulations under which this article shall be implemented."
PART V-A
SECTION 5A-1.

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Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-6-12, relating to repeated violation of proof of insurance requirements, and inserting in its place a new Code section to read as follows:
"40-6-12.
(a) Any person convicted of a second or subsequent violation of Code Section 40-6-10 within a five-year period, as measured from date of arrest to date of arrest, shall be required to file with the department Department of Motor Vehicle Safety and maintain for a period of three years from the date of conviction proof of financial responsibility, as such term is defined in paragraph (5) of Code Section 40-9-2, in addition to any other punishment.
(b) If the proof of financial responsibility filed in accordance with subsection (a) of this Code section is based upon a policy issued by an insurance company, such insurer may not cancel the policy until the department Department of Motor Vehicle Safety is given at least 30 days' prior written notice of such cancellation."
SECTION 5A-2.
Said Title 40 is further amended by striking paragraph (1) of Code Section 40-6-221, relating to definitions applicable to parking for persons with disabilities, and inserting in its place a new paragraph to read as follows:
"(1) 'Counterfeit' means any copy of any kind of parking permit for persons with disabilities which is not authorized by and does not carry the official seal of the Department of Public Motor Vehicle Safety."
SECTION 5A-3.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-6-222, relating to parking permits for persons with disabilities, and inserting in its place a new subsection to read as follows:
"(a) The Department of Public Motor Vehicle Safety shall issue parking permits for persons with disabilities at every place where it issues drivers' licenses. The department shall also receive applications for and issue parking permits for persons with disabilities by mail and may by regulation require such proof of disability or incapacity as may be necessary to issue such permits by mail. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be issued to individuals, and the name of the individual shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution and the license number of the particular vehicle shall appear on the permit. The institution may use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities."
SECTION 5A-4.
Said Title 40 is further amended by striking Code Section 40-6-223, relating to fees for parking permits for persons with disabilities, and inserting in its place a new Code section to read as follows:
"40-6-223.
The Department of Public Motor Vehicle Safety shall not charge or collect any fee for issuing parking permits for persons with disabilities under this part."
SECTION 5A-5.
Said Title 40 is further amended by striking Code Section 40-6-277, relating to reports of fatal accidents, and inserting in its place a new Code section to read as follows:

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"40-6-277.
Every sheriff shall, on or before the tenth day of each month, report in writing to the Department of Public Motor Vehicle Safety the death of any person within his or her jurisdiction during the preceding calendar month as the result of a traffic accident known to him or her, giving the time and place of the accident and the circumstances relating thereto."
SECTION 5A-6.
Said Title 40 is further amended by striking Code Section 40-6-278, relating to uniform accident reporting, and inserting in its place a new Code section to read as follows:
"40-6-278.
The Board of Public Safety commissioner of motor vehicle safety shall prescribe, by rule, uniform motor vehicle accident reports and reporting procedures which shall be used by all police officers, whether state, county, or municipal. The rules shall be adopted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The rules may require one type of report and reporting procedure for motor vehicle accidents in which property damage alone is involved and another type of report and reporting procedure for motor vehicle accidents involving personal injury or death. The Board of Public Safety commissioner may, by rule, require additional investigation or reports in case of serious bodily injury or death."
SECTION 5A-7.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-6-296, relating to bicycle safety equipment, and inserting in its place a new subsection to read as follows:
"(a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of 300 feet to the front and with a red reflector on the rear of a type approved by the Department of Public Motor Vehicle Safety which shall be visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of headlights on a motor vehicle. A light emitting a red light visible from a distance of 300 feet to the rear may be used in addition to the red reflector."
SECTION 5A-8.
Said Title 40 is further amended by striking Code Sections 40-6-315 and 40-6-316, relating to head and eye protection for motorcycle operators and passengers and rules and regulations, and inserting in their place new Code sections to read as follows:
"40-6-315.
(a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the Board of Public Safety commissioner of motor vehicle safety.
(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the Board of Public Safety commissioner of motor vehicle safety.
(c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes.
(d) The Board of Public Safety commissioner of motor vehicle safety is authorized to approve or disapprove protective headgear and eye-protective devices required in this Code section and to issue and enforce regulations establishing standards and specifications for the approval thereof. The Board of Public Safety commissioner shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved by it.

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40-6-316.
The Board of Public Safety commissioner of motor vehicles safety is authorized to promulgate rules and regulations to carry this part into effect and to establish regulations for safety standards for the operation of motorcycles."
SECTION 5A-9.
Said Title 40 is further amended by striking Code Section 40-6-330, relating to operation of motorized carts, and inserting in its place a new Code section to read as follows:
"40-6-330.
Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of public motor vehicle safety."
SECTION 5A-10.
Said Title 40 is further amended by striking Code Section 40-6-352, relating to protective headgear for operation of mopeds, and inserting in its place a new Code section to read as follows:
"40-6-352.
(a) No person shall operate or ride as a passenger upon a moped unless he or she is wearing protective headgear which complies with standards established by the commissioner of motor vehicle safety. The commissioner in determining such standards shall consider the size, speed, and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection. Operators of electric assisted bicycles may wear a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute or the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling, rather than a motorcycle helmet.
(b) The commissioner of motor vehicle safety is authorized to approve or disapprove protective headgear for moped operators and to issue and enforce regulations establishing standards and specifications for the approval thereof. He or she shall publish lists by name and type of all protective headgear which have been approved by him or her."
SECTION 5A-11.
Said Title 40 is further amended by striking Code Section 40-6-354, relating to rules for operation of mopeds, and inserting in its place a new Code section to read as follows:
"40-6-354.
The Board of Public Safety commissioner of motor vehicle safety is authorized to promulgate rules and regulations to carry this part into effect and is authorized to establish regulations for safety equipment or standards for the operation of mopeds."
SECTION 5A-12.
Said Title 40 is further amended by striking Code Section 40-6-391.1, relating to pleas of nolo contendere in driving under the influence cases, and inserting in its place a new Code section to read as follows:
"40-6-391.1.
(a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed; provided, however, that no such plea of nolo contendere shall be accepted if the person

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charged with violating Code Section 40-6-391 had an alcohol concentration of more than 0.15 at any time within three hours after driving or being in control of any moving vehicle from alcohol consumed before such driving or being in control ended.
(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 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) The judge has reviewed the defendant's driving records that are on file with the Department of Public Motor Vehicle Safety.
(c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his or her reasons for accepting the plea of nolo contendere.
(d) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Public Motor Vehicle Safety within ten days after disposition.
(e) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section, the defendant's driver's license shall be forwarded to the Department of Public Motor Vehicle Safety as provided in subsection (c) of Code Section 40-5-67."
PART V-B
SECTION 5B-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-8-2, relating to safety rules for certain motor vehicles, and inserting in its place a new Code section to read as follows:
"40-8-2.
In addition to the requirements of this article, the Public Service Commission commissioner of motor vehicle safety, as to the motor vehicles within its the jurisdiction of the Department of Motor Vehicle Safety, shall have the authority to promulgate rules designed to promote safety pursuant to the provisions of Chapter 16 of this title and Chapter 7 of Title 46. Any such rules promulgated or deemed necessary by such commission the commissioner shall include the following: every motor unit and all parts thereof shall be maintained in a safe condition at all times. The lights, brakes, and equipment shall meet such safety requirements as the commission commissioner shall promulgate from time to time."
SECTION 5B-2.
Said Title 40 is further amended by striking Code Section 40-8-9, relating to required displays on certain trucks, and inserting in its place a new Code section to read as follows:
"40-8-9.
It shall be unlawful to operate in this state any truck or truck tractor having an owner declared gross weight of 43,000 or more pounds which does not comply with the name display requirements of this Code section. Each such truck or truck tractor shall have displayed on each side thereof the name and principal place of domicile of the registered owner or, if the truck or truck tractor is operating under a lease arrangement, the name and principal place of domicile of the lessee, except that trucks and truck tractors operating pursuant to authority granted by the Public

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Service Commission commissioner of motor vehicle safety under Chapter 7 of Title 46 or the federal Interstate Commerce Commission shall display the name of the holder of such authority and such other information as may be required by these commissions those authorities. The display shall be in sharp color contrast to the background and shall be of such size, color, and shape as to be readily legible during daylight hours from a distance of 50 feet while the vehicle is not in motion; and such display shall be maintained in a manner so as to remain so legible. This Code section shall not prohibit the display of additional information which does not interfere with the legibility of the display required by this Code section. "
SECTION 5B-3.
Said Title 40 is further amended by striking subsection (d) of Code Section 40-8-73.1, relating to tinting of vehicle windows, and inserting in its place a new subsection to read as follows:
"(d) The Department of Public Motor Vehicle Safety may, upon application from a person required for medical reasons to be shielded from the direct rays of the sun and only if such application is supported by written attestation of such fact from a person licensed to practice medicine under Chapter 34 of Title 43, issue an exemption from the provisions of this Code section for any motor vehicle owned by such person or in which such person is a habitual passenger. The exemption shall be issued with such conditions and limitations as may be prescribed by the Department of Public Motor Vehicle Safety."
SECTION 5B-4.
Said Title 40 is further amended by striking paragraphs (2) and (3) of subsection (e) of Code Section 40-8-76.1, relating to seat belt use requirements, and inserting in their place new paragraphs to read as follows:
"(2) A person failing to comply with the requirements of subsection (b) of this Code section 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; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Public Motor Vehicle Safety.
(3) Each minor over four years of age who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger over four years of age fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall forward a record of the court disposition of the case of failure to secure a seat safety belt on a minor to the Department of Public Motor Vehicle Safety."
SECTION 5B-5.
Said Title 40 is further amended by striking subsections (a) and (d) of Code Section 40-8-78, relating to safety glazing for motor vehicles, and inserting in their respective places new subsections to read as follows:
"(a) No person shall sell any motor vehicle manufactured after January 1, 1954, nor shall any such motor vehicle be registered unless such vehicle is equipped with safety glazing materials of a type approved by the commissioner of public motor vehicle safety wherever glazing materials are used in doors, windows, and windshields. The provisions of this Code section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing materials shall apply to all glazing materials used in doors, windows, and windshields in the drivers' compartments of such vehicles."
"(d) The commissioner of public motor vehicle safety shall compile and publish a list of types of glazing materials by name approved by him or her as meeting the requirements of this Code section and the commissioner shall not register any motor vehicle which is subject to the provisions of this Code section unless it is equipped with an approved type of safety glazing materials, and he or she shall thereafter suspend the registration of any motor

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vehicle so subject to this Code section which he or she finds is not so equipped until it is made to conform to the requirements of this Code section."
SECTION 5B-6.
Said Title 40 is further amended by striking subsections (a) through (c) of Code Section 40-8-92, relating to permits for flashing or revolving lights on motor vehicles, and inserting in their place new subsections to read as follows:
"(a) All emergency vehicles shall be designated as such by the Board of Public Safety commissioner of motor vehicle safety. The board commissioner shall so designate each vehicle by issuing to such vehicle a permit to operate flashing or revolving emergency lights of the appropriate color. Such permit shall be valid for one year from the date of issuance; provided, however, that permits for vehicles belonging to federal, state, county, or municipal governmental agencies shall be valid for five years from the date of issuance. Any and all officially marked law enforcement vehicles as specified in Code Section 40-8-91 shall not be required to have a permit for the use of a blue light. Any and all fire department vehicles which are distinctly marked on each side shall not be required to have a permit for the use of a red light.
(b) The board commissioner shall authorize the use of red or amber flashing or revolving lights only when the person or governmental agency shall demonstrate to the board commissioner a proven need for equipping a vehicle with emergency lights. The fee for such lights shall be $2.00, provided that no federal, state, county, or municipal governmental agency shall be required to pay such fee.
(c) Nothing contained in this Code section shall prohibit the board commissioner from issuing a single special use permit to cover more than one vehicle, provided each vehicle covered under such special use permit shall pay the fee specified in subsection (b) of this Code section."
SECTION 5B-7.
Said Title 40 is further amended by striking Code Section 40-8-95, relating to rules relating to use of flashing or revolving lights on vehicles, and inserting in its place a new Code section to read as follows:
"40-8-95.
The Board of Public Safety commissioner of motor vehicle safety shall implement any and all provisions of Code Sections 40-8-90, 40-8-92, and 40-8-93 by the promulgation of necessary rules and regulations."
SECTION 5B-8.
Said Title 40 is further amended by striking subsections (a) and (f) of Code Section 40-8-220, relating to school bus safety inspections, and inserting in their respective places new subsections to read as follows:
"(a) Every school bus which is defined by paragraph (55) of Code Section 40-1-1 which is owned or operated by a state, county, or municipal government or under contract by any independent school system shall be inspected annually, or more frequently at the discretion of the commissioner of public motor vehicle safety, under the supervision of an employee of the Department of Public Motor Vehicle Safety."
"(f) The Board of Public Safety commissioner of motor vehicle safety is authorized to implement any and all provisions of this Code section by the promulgation of necessary rules and regulations. When duly promulgated and adopted, all rules and regulations issued pursuant to this Code section shall have the force of law."
PART VI
SECTION 6-1.

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Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking paragraphs (2) and (3) of Code Section 40-9-2, relating to definitions applicable to financial responsibility for motor vehicle accidents, and inserting in their place new paragraphs to read as follows:
"(2) 'Commissioner' means the commissioner of public motor vehicle safety.
(3) 'Department' means the Department of Public Motor Vehicle Safety."
SECTION 6-2.
Said Title 40 is further amended by striking Code Section 40-9-31, relating to submission of accident reports, and inserting in its place a new Code section to read as follows:
"40-9-31.
Each state and local law enforcement agency shall submit to the Department of Public Motor Vehicle Safety the original document of any accident report prepared by such local law enforcement agency or submitted to such agency by a member of the public. A local law enforcement agency may transmit the information contained on the accident report form by electronic means, provided that the department has first given approval to the reporting agency for the electronic reporting method utilized. The local law enforcement agency shall retain a copy of each accident report. All such reports shall be submitted to the department not more than 15 days following the end of the month in which such report was prepared or received by such local law enforcement agency."
PART VII
SECTION 7-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Chapter 11, relating to abandoned and improperly identified vehicles, and inserting in its place a new chapter to read as follows:
"CHAPTER 11
ARTICLE 1
40-11-1.
As used in this article, the term:
(1) 'Abandoned motor vehicle' means a motor vehicle or trailer:
(A) Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 30 days after the time agreed upon; or within 30 days after such vehicle is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs;
(B) Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state highway system, any law enforcement officer or employee of the Department of Transportation Motor Vehicle Safety to whom enforcement authority has been designated pursuant to Code Section 32-6-29 may authorize the immediate removal of vehicles posing a threat to public health or safety or to mitigate congestion;
(C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone's having made claim thereto;

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(D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than 30 days without the owner's having made claim thereto; or
(E) Which has been left unattended on private property for a period of not less than 30 days without anyone's having made claim thereto.
(2) 'Motor vehicle' or 'vehicle' means motor vehicle or trailer.
(3) 'Owner' means the owner, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Revenue Motor Vehicle Safety.
40-11-2.
(a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, seek the identity of and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title of such vehicle, and any security interest holder or lienholder from the law enforcement officer requesting removal of such or from such officer's agency within 72 hours of removal. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.
(b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title, and any security interest holder or lienholder and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.
(c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle.
(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner and any security interest holder or lienholder, if known, by certified or registered mail of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under this chapter unless the owner, security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed.
(e) If the owner, security interest holder, or lienholder fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, on the form prescribed by the commissioner, to the Department of Revenue Motor Vehicle Safety with a research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue Motor Vehicle Safety, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If the form submitted to the commissioner Department of Motor Vehicle Safety is rejected because of

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inaccurate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form to the commissioner Department of Motor Vehicle Safety together with an additional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue Motor Vehicle Safety. Each subsequent corrected notice, if required, shall be submitted with an additional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue Motor Vehicle Safety. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(h) The Department of Revenue Motor Vehicle Safety shall provide to the Georgia Crime Information Center all relevant information from sworn statements described in subsection (e) of this Code section for a determination of whether the vehicles removed have been entered into the criminal justice information system as stolen vehicles. The results of the determination shall be provided electronically to the Department of Revenue Motor Vehicle Safety.
(i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Revenue Motor Vehicle Safety if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event.
(j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Revenue Motor Vehicle Safety, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle.
(k) Any person who does not provide the notice and information required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, shall not be entitled to any storage fees, shall not be eligible to contract with or serve on a rotation list providing wrecker services for this state or any political subdivision thereof, and shall not be licensed by any municipal authority to provide removal of improperly parked cars under Code Section 44-1-13.
(l) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
40-11-3.
(a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property for a period of at least five days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such motor vehicle unattended does not intend to return and remove such motor vehicle.
(b) Any law enforcement officer or employee of the Department of Transportation Motor Vehicle Safety to whom law enforcement authority has been designated pursuant to Code Section 32-6-29 who finds a motor vehicle which

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has been left unattended on the state highway system shall be authorized to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion. Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property, other than the state highway system, shall be authorized immediately to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion.
(c) Any peace officer who, under this Code section, causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only.
(d)(1) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown attempt to determine vehicle ownership through official inquiries to the Department of Revenue Motor Vehicle Safety vehicle registration and vehicle title files. These inquiries shall be made from authorized criminal justice information system network terminals.
(2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the motor vehicle to be removed shall, within three calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle, the owner of the motor vehicle as recorded on the title of such vehicle, and all security interest holders or lienholders. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact.
(3) Law enforcement agencies shall make record entries in Georgia criminal justice information system files through authorized criminal justice information system network terminals after an unsuccessful attempt to obtain vehicle ownership information and shall remove the record entries when ownership is determined.
40-11-3.1.
(a) It shall be the duty of any peace officer who discovers a motor vehicle which has been left unattended on a public street, road, or highway or other public property to immediately perform an unattended vehicle check on such motor vehicle, unless there is displayed on such motor vehicle an unattended vehicle check card indicating that another peace officer has already performed such an unattended vehicle check. For purposes of this Code section, an unattended vehicle check shall consist of such actions as are reasonably necessary to determine that the unattended vehicle does not contain an injured or incapacitated person and to determine that the unattended vehicle does not pose a threat to public health or safety.
(b) A peace officer completing an unattended vehicle check shall complete and attach to the vehicle an unattended vehicle check card. Unattended vehicle check cards shall be in such form, and shall be attached to vehicles in such manner, as may be specified by rule or regulation of the Department of Public Safety; and to the extent that sufficient funds are available to the department, the department may distribute such forms free of charge to law enforcement agencies in this state. Unattended vehicle check cards shall be serially numbered; shall be of a distinctive color and shape, so as to be readily visible to passing motorists; and shall contain spaces for the investigating police officer to indicate the location of the vehicle, the date and time of the completion of the unattended vehicle check, and the name of such peace officer's law enforcement agency. A detachable stub, which shall be filed with the investigating peace officer's law enforcement agency, shall bear the same serial number and shall contain the same information, together with the identity of the investigating peace officer and the license plate number and other pertinent identifying information relating to the abandoned vehicle.
(c) Nothing in the Code section shall limit the otherwise applicable authority of a peace officer to have an unattended motor vehicle removed to a garage or other place of safety.
(d) It shall be unlawful for any person other than a peace officer to attach a genuine or counterfeit unattended motor vehicle check card to a motor vehicle; and any person convicted of violating this subsection shall be guilty of a misdemeanor.

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40-11-4.
(a) Any person who removes or stores any motor vehicle which is or becomes an abandoned motor vehicle shall have a lien on such vehicle for the reasonable fees connected with such removal or storage plus the cost of any notification or advertisement. Such lien shall exist if the person moving or storing such vehicle is in compliance with Code Section 40-11-2.
(b) The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.
40-11-5.
All liens acquired under Code Section 40-11-4 shall be foreclosed as follows:
(1) Any proceeding to foreclose a lien on an abandoned motor vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention;
(2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail, make a demand upon the owner for the payment of the reasonable fees for removal and storage plus the costs of any notification or advertisement. Such written demand shall include an itemized statement of all charges. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 40-11-2 have been complied with;
(3)(A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned motor vehicle fails to respond to such demand or refuses to pay, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 40-11-2 have been complied with, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his or her signature thereto.
(B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $10.00 per motor vehicle upon which a lien is asserted;
(4)(A) Upon such affidavit's being filed, the lien claimant shall give the clerk or judge of the court the address (if known) of the owner, lessor, lessee, security interest holders, and lienholders of the abandoned vehicle. The clerk or judge of the court shall serve notice upon such owner, lessor, lessee, security interest holders, and lienholders of the abandoned motor vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that such hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.
(B) Any notice required by this paragraph shall be by certified mail or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted;
(5) If a petition for a probable cause hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petition. If, at the hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the motor vehicle or the court shall obtain possession of the motor vehicle, as ordered by the court. The owner-debtor may obtain possession of the motor vehicle by giving bond and security in the amount determined to be probably due and costs of the action;

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(6) Within five days of the probable cause hearing, a party defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien for the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 15 days of the filing of the petition. Upon the filing of such petition by a party defendant, neither the prosecuting lienholder nor the court may sell the motor vehicle, although possession of the motor vehicle may be retained;
(7) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the motor vehicle subject to the lien to satisfy the debt if such debt is not otherwise immediately paid;
(8) If the court finds the actions of the person asserting the lien in retaining possession of the motor vehicle were not taken in good faith, then the court, in its discretion, may award damages to the owner, any party which has been deprived of the rightful use of the vehicle, or the lessee due to the deprivation of the use of the motor vehicle;
(9) If no petition for a hearing is filed, or if, after a full hearing, the court determines that a valid debt exists, the court shall issue an order authorizing the sale of such motor vehicle. However, the holder of a security interest in or a lien on the vehicle, other than the holder of a lien created by Code Section 40-11-4, shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs. If the holder of a security interest or lien does so pay the debt and court costs, he or she shall have the right to possession of the vehicle, and his or her security interest in or lien on such vehicle shall be increased by the amount so paid. A court order shall be issued to this effect, and in this instance there shall not be a sale of the vehicle.
40-11-6.
(a) Upon order of the court, the person holding the lien on the abandoned motor vehicle shall be authorized to sell such motor vehicle at public sale, as defined by Code Section 11-1-201.
(b) After satisfaction of the lien, the person selling such motor vehicle shall, not later than 30 days after the date of such sale, provide the clerk of the court with a copy of the bill of sale as provided to the purchaser and turn the remaining proceeds of such sale, if any, over to the clerk of the court. Any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
40-11-7.
The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such motor vehicle by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Revenue Motor Vehicle Safety. The Department of Revenue Motor Vehicle Safety shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances.
40-11-8.
The clerk of the court shall retain the remaining balance of the proceeds of a sale under Code Section 40-11-6, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned motor vehicle or any interested party, then he or she shall pay such remaining balance as follows:
(1) If the abandoned motor vehicle came into the possession of the person creating the lien other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made;
(2) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a police officer of a municipality, the proceeds of the sale shall be paid into the general fund of the municipality;

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(3) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a county sheriff, deputy sheriff, or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made;
(4) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made.
40-11-9.
(a) If a motor vehicle has been left unattended on private property for not less than two days or on public property for not less than three days without the owner or driver making any attempt to recover such vehicle or to leave a conspicuously placed note that such owner or driver intends to return for such vehicle; or, if a conspicuous note was left, if the motor vehicle has been left unattended for not less than five days and if because of damage, vandalism, theft, or fire the vehicle is damaged to the extent that its restoration to an operable condition would require the replacement of one or more major component parts or involves any structural damage that would affect the safety of the vehicle; or if there is evidence that the vehicle was inoperable due to major mechanical breakdown at the time it was left on the property, such as the engine, transmission, or wheels missing, no coolant in the cooling system, no oil in the engine, or burned fluid in the transmission; or if the vehicle is seven or more years old; or if the vehicle is not currently tagged or is not verifiable by the state as to who is the current owner or lienholder of the vehicle; or if the vehicle has been abandoned to a wrecker service by an insurance company and the owner following the insurance company's making a total loss payment, then any person removing such vehicle shall within 72 hours of removing such vehicle obtain the identity of and address of the last known registered owner of the vehicle, the owner of the vehicle as recorded on the certificate of title of such vehicle, and any security interest holder or lienholder on such vehicle from the local law enforcement agency of the jurisdiction in which the vehicle was located. If the law enforcement agency shows no information on the vehicle, then a request for such information shall be sent to the Department of Revenue Motor Vehicle Safety. Within 72 hours after obtaining such information, the person removing such vehicle shall, by certified mail, return receipt requested, notify the registered owner, title owner, and security interest holder or lienholder of the vehicle that such vehicle will be declared a derelict vehicle and the title to such vehicle will be canceled by the state revenue commissioner Department of Motor Vehicle Safety if such person or persons fail to respond within ten days of receipt of such notice. The state revenue commissioner of motor vehicle safety shall prescribe the form and content of such notice. If the registered owner, title owner, or security interest holder or lienholder fails to respond within 30 days from the date of such notice by certified mail, and if the vehicle is appraised as having a total value of less than $300.00, the vehicle shall be considered to be a derelict vehicle. The value of the vehicle shall be determined as 50 percent of the wholesale value of a similar car in the rough section of the National Auto Research Black Book, Georgia Edition, or if a similar vehicle is not listed in such book or, regardless of the model year or book value of the vehicle, if the vehicle is completely destroyed by fire, flood, or vandalism or is otherwise damaged to the extent that restoration of the vehicle to a safe operable condition would require replacement of more than 50 percent of its major component parts, the person shall obtain an appraisal of the motor vehicle from the local law enforcement agency's auto theft section with jurisdiction in the county or municipality where such vehicle is located. Any person removing a vehicle shall complete a form, to be provided by the state revenue commissioner Department of Motor Vehicle Safety, indicating that the vehicle meets at least four of the above-stated eight conditions for being a derelict vehicle and shall file such form with the Department of Revenue Motor Vehicle Safety and the law enforcement agency with jurisdiction from which such vehicle was removed.
(b) Upon determination that a vehicle is a derelict motor vehicle as provided in subsection (a) of this Code section, it may be disposed of by sale to a person who scraps, dismantles, or demolishes motor vehicles, provided that such vehicle may be sold for scrap or parts only and shall in no event be rebuilt or sold to the general public. Any person disposing of a derelict motor vehicle shall, prior to disposing of such vehicle, photograph such vehicle and retain with such photograph the appraisal required in subsection (a) of this Code section and the notice to the state revenue commissioner Department of Motor Vehicle Safety required in this subsection for a period of three years after its disposition. Such person shall also notify the state revenue commissioner Department of Motor Vehicle Safety of the disposition of such vehicle in such manner as may be prescribed by the state revenue commissioner of motor vehicle safety. The state revenue commissioner Department of Motor Vehicle Safety shall cancel the certificate of title for such vehicle and shall not issue a rebuilt or salvage title for such vehicle.

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(c) For purposes of this Code section, the term 'derelict vehicle' shall not include a vehicle which does not bear a manufacturer's vehicle identification number plate or a vehicle identification number plate assigned by a state jurisdiction.
(d) Any person who abandons a derelict motor vehicle on public or private property shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 and shall pay all costs of having such derelict motor vehicle removed, stored, and sold as provided for in this Code section. Notwithstanding any other provision of law to the contrary, such fines shall be disposed as follows:
(1) If the abandoned motor vehicle was removed other than at the request of a peace officer, the moneys arising from the fine shall be divided equally and paid into the general fund of the county in which the offense was committed and into the general fund of the municipality, if any, in which the offense was committed;
(2) If the abandoned motor vehicle was removed at the request of a police officer of a municipality, the moneys arising from the fine shall be paid into the general fund of the municipality;
(3) If the abandoned motor vehicle was removed at the request of a county sheriff, deputy sheriff, or county police officer, the moneys arising from the fine shall be paid into the general fund of the county in which the offense was committed; and
(4) If the abandoned motor vehicle was removed at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the moneys arising from the fine shall be paid into the general fund of the county in which the offense was committed.
(e) Any person removing a derelict motor vehicle who fails to comply with the requirements of this Code section or who knowingly provides false or misleading information when providing any notice or information required by this Code section shall be guilty of a misdemeanor.
(f) The Department of Revenue, the state revenue commissioner, and Neither the State of Georgia and nor any state agency nor the person removing, storing, and processing the vehicle unless recklessly or grossly negligent shall not be liable to the owner of a vehicle declared to be a derelict motor vehicle pursuant to this Code section or an abandoned motor vehicle.
ARTICLE 2
40-11-20.
The following items are declared to be contraband and are subject to forfeiture:
(1) Any motor vehicle the manufacturer's vehicle identification number of which has been removed, altered, defaced, falsified, or destroyed; and
(2) Any component part of a motor vehicle the manufacturer's identification number of which has been removed, altered, defaced, falsified, or destroyed.
40-11-21.
Property subject to forfeiture under Code Section 40-11-20 and in the possession of any state or local law enforcement agency shall not be subject to replevin but is deemed to be in the custody of the superior court of the county wherein the property is located subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings.
40-11-22.

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The law enforcement agency having possession of any property subject to forfeiture under Code Section 40-11-20 shall report such fact, within ten days of taking possession, to the district attorney of the judicial circuit having jurisdiction in the county where the property is located. Within 30 days from the date he or she receives such notice, the district attorney of the judicial circuit shall file in the superior court of the county in which the property is located an action for condemnation of the property. The proceedings shall be brought in the name of the state, and the action shall be verified by a duly authorized agent of the state in the manner required by law. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, to the duly authorized agent of the state, allege the essential elements which are claimed to exist, and shall 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 property described in the action, commanding him or her to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's 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 any person having a duly recorded security interest in or lien upon such property 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 or herself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized property as provided for in this Code section. If the owner of the property appears and defends the action and can show that he or she was unaware of the fact that the identification number had been removed, altered, defaced, falsified, or destroyed, the court shall order the property returned to the owner upon the owner's paying proper expenses relating to proceedings for forfeiture, including the expenses of the maintenance of custody, advertising, and court costs and upon the property's being assigned a new identification number as provided in this article.
40-11-23.
Except as otherwise provided in this article, when property is forfeited under this article, the court may:
(1) Order that the property be retained by the law enforcement agency or the county in which the property is located; or
(2) Order that the property be disposed of by sale, the proceeds of which shall be used to pay the proper expenses relating to the proceedings for forfeiture, including the expenses of maintenance of custody, advertising, and court costs, with the remaining funds to be paid into the general fund of the county.
40-11-24.
Prior to the property's being sold or returned to the owner or otherwise disposed of, the Department of Revenue Motor Vehicle Safety shall assign it a new identification number."
PART VIIA
SECTION 7A-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-13-3, relating to trial and disposition of traffic cases, and inserting in its place a new Code section to read as follows:
"40-13-3.
Except for offenses tried in the superior courts, all other courts having jurisdiction of the offense may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other

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accusation in order to bring the accused to trial. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final disposition of the case to the Department of Public Motor Vehicle Safety. Notwithstanding the reporting requirements of this Code section, the Department of Public Motor Vehicle Safety may by rule or regulation relieve the judge or clerk of each such court of the responsibility of reporting those offenses which do not result in convictions or adjudications of guilt or pleas of nolo contendere."
SECTION 7A-2.
Said Title 40 is further amended by striking subsections (b) and (c) of Code Section 40-13-32, relating to modification of traffic law judgments, and inserting in their place new subsections to read as follows:
"(b) If the original judgment is changed or modified pursuant to this Code section, the judge shall certify to the Department of Public Motor Vehicle Safety that such change or modification is a true and correct copy of the change or modification and that the requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met.
(c) Except for orders correcting clerical errors, the Department of Public Motor Vehicle Safety shall not recognize as valid any change or modification order nor make any changes to a driver's history unless such change or modification as submitted to the department is in strict compliance with the requirements set forth in subsections (a) and (b) of this Code section."
SECTION 7A-3.
Said Title 40 is further amended by striking subsection (c) of Code Section 40-13-33, relating to habeas corpus challenges in traffic cases, and inserting in its place a new subsection to read as follows:
"(c) When the commissioner of public motor vehicle safety is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County."
SECTION 7A-4.
Said Title 40 is further amended by striking paragraph (1) of subsection (b) of Code Section 40-13-53, relating to release of persons charged with traffic offenses, and inserting in its place a new paragraph to read as follows:
"(1) Any offense for which a driver's license may be suspended by the commissioner of public motor vehicle safety;".
SECTION 7A-5.
Said Title 40 is further amended by striking Code Section 40-13-54, relating to disposition of traffic citations, and inserting in its place a new Code section to read as follows:
"40-13-54.
The original citation and complaint shall be sent by the officer issuing it to the traffic violations bureau of the court within 24 hours of the arrest. The defendant named in the citation shall be given the second copy. The officer issuing the citation and complaint shall retain one copy for himself or herself, and the court may, by order, provide that an additional copy shall be made for the use of any municipality in the county or the Department of Public Motor Vehicle Safety."
PART VIII
SECTION 8-1.

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2231

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-15-1, relating to definitions applicable to motorcycle safety training, and inserting in its place a new Code section to read as follows:
"40-15-1.
As used in this chapter, the term:
(1) 'Board' means the Board of Public Motor Vehicle Safety.
(2) 'Commissioner' means the commissioner of public motor vehicle safety.
(3) 'Coordinator' means the state-wide motorcycle safety coordinator provided for in Code Section 40-15-4.
(4) 'Department' means the Department of Public Motor Vehicle Safety.
(5) 'Motorcycle' means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and a moped.
(6) 'Operator' means any person who drives or is in actual physical control of a motorcycle.
(7) 'Program' means a motorcycle operator safety training program provided for in Code Section 40-15-2."
PART IX
SECTION 9-1.
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in Code Section 46-1-1, relating to definitions, by striking division (9)(C)(ii) and inserting in its place a new division to read as follows:
"(ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commission commissioner and which goes beyond the corporate limits only for the purpose of hauling chattels which have been seized under any court process;".
SECTION 9-2.
Said Title 46 is further amended in said Code Section 46-1-1 by striking divisions (x) through (xiv) of subparagraph (9) of paragraph (C) and inserting in their place new divisions to read as follows:
"(x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term 'agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or the owner's agents or employees between forest and mill or primary place of manufacture; provided, however, motor vehicles with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commission commissioner only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (13) of this Code

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section; provided, further, that pulpwood trailers and pole trailers with a manufacturer's gross weight rated capacity of 10,001 pounds or more engaged solely in the transportation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted by the commission commissioner shall be subject to legislative review in accordance with the provisions of Code Section 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commission commissioner shall be effective July 1, 1991;
(xi) Motor vehicles engaged in the transportation of unmanufactured agricultural products, dairy products, poultry and processed poultry, nursery stock, sod grass, potting soil, pine bark nuggets, dry fertilizer, flue-cured tobacco, soybean meal, pine bark, wood chips, shavings, sawdust, or feedstuff for livestock and poultry, including feedstuff ingredients, provided that such vehicles do not haul or transport other commodities on the same vehicle at the same time not exempt by law from the regulations of the commission commissioner of motor vehicle safety; motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing abandoned, disabled, and wrecked vehicles and replacement vehicles therefor or otherwise rendering assistance to abandoned, disabled, and wrecked vehicles; except that any operator of such a vehicle is required to register the exempt operation with the commission commissioner of motor vehicle safety, register and identify any of its vehicles, and become subject to the commission's commissioner's liability insurance and vehicle and hazardous materials safety rules;
(xii) Motor vehicles engaged in compensated intercorporate hauling whereby transportation of property is provided by a person who is a member of a corporate family for other members of such corporate family, provided:
(I) The parent corporation notifies the commission commissioner of motor vehicle safety of its intent or the intent of one of the subsidiaries to provide the transportation;
(II) The notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries;
(III) A copy of the notice is carried in the cab of all vehicles conducting the transportation; and
(IV) The transportation entity of the corporate family registers the compensated intercorporate hauling operation with the commission commissioner of motor vehicle safety, registers and identifies any of its vehicles, and becomes subject to the commission's commissioner's liability insurance and motor carrier and hazardous materials transportation rules.
For the purpose of this division, the term 'corporate family' means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest;
(xiii) Vehicles, except limousines, transporting not more than ten persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the commission commissioner of motor vehicle safety, register and identify any of its vehicles, and become subject to the commission's commissioner's liability insurance and vehicle safety rules;
(xiv) Any dump truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials; except that any operator of such a vehicle is required to register the exempt operation with the commission commissioner of motor vehicle safety, register and identify any of its vehicles, and become subject to the commission's commissioner's liability insurance and vehicle and hazardous materials safety rules; or".
SECTION 9-3.
Said Title 46 is further amended in said Code Section 46-1-1 by striking paragraph (11) and inserting in its place a new paragraph to read as follows:

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"(11) 'Permit' means a registration permit issued by the Public Service Commission commissioner of motor vehicle safety authorizing interstate transportation for hire exempt from the jurisdiction of the Interstate Commerce Commission or intrastate transportation for hire exempt from the jurisdiction of the Public Service Commission commissioner of motor vehicle safety or intrastate transportation by a motor carrier of property."
SECTION 9-4.
Said Title 46 is further amended by striking Chapter 7, relating to motor carriers, and inserting in its place a new chapter to read as follows:
"CHAPTER 7
ARTICLE 1
46-7-1.
As used in this chapter, the term: Reserved.
(1) 'Commissioner' means the commissioner of motor vehicle safety.
(2) 'Department' means the Department of Motor Vehicle Safety.
46-7-2.
Unless expressly prohibited by federal law, the commission commissioner is vested with power to regulate the business of any person engaged in the transportation as a common or contract carrier of persons or property, either or both, for hire by motor vehicle on any public highway of this state.
46-7-3.
No motor common or contract carrier of passengers or household goods shall, except as otherwise provided in this article, operate without first obtaining from the commission commissioner a certificate of public convenience and necessity, pursuant to findings to the effect that the public interest requires such operation.
46-7-4.
The commission commissioner may issue the certificate applied for or issue it for the partial exercise of the privilege sought, and may attach to the exercise of the rights granted by such certificate such terms and conditions as, in its his or her judgment, the public interest may require.
46-7-5.
(a) The commission commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, suspend, revoke, alter, or amend any certificate issued under this article, under the 'Motor Carrier Act of 1929,' under the 'Motor Carrier Act of 1931,' or under prior law, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commission commissioner or any of the provisions of this article or any other law of this state regulating or taxing motor vehicles, or both, or if in the opinion of the commission commissioner the holder of the certificate is not furnishing adequate service, or if the continuance of said certificate in its original form is incompatible with the public interest.
(b) If and when the commission commissioner shall undertake to revoke or modify any certificate on account of the public interest on the ground that the traffic conditions are such as not to justify the number of motor carriers which have been granted certificates over the route or routes in question, the preference shall be given to certificates in

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order of the time of their issuance, so that those which have been issued later in time shall, other things being equal, be canceled rather than those issued earlier in time.
46-7-6.
Any certificate issued pursuant to this article may be transferred or hypothecated upon application to and approval by the commission commissioner, and not otherwise.
46-7-7.
(a) The commission commissioner shall issue a certificate of public convenience and necessity to a person authorizing transportation as a motor common or contract carrier of passengers or household goods subject to the jurisdiction of the commission commissioner if it he or she finds that:
(1) The person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commission commissioner. Fitness encompasses three factors:
(A) The applicant's financial ability to perform the service it seeks to provide;
(B) The applicant's capability and willingness to perform properly and safely the proposed service; and
(C) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commission commissioner; and
(2) Based on evidence presented by the applicant supporting the issuance of the certificate, that the service proposed will serve a useful public purpose and be responsive to a public demand or need.
(b) The initial burden of making out a prima-facie case that an applicant's service is needed and that the applicant is fit to provide such service rests with the applicant.
(c) Upon an applicant making out a prima-facie case as to the need for the service and the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought would not be consistent with the public convenience and necessity.
(d) The commission commissioner shall not consider diversion of revenue or traffic from an existing motor carrier to be grounds for denial of an application.
(e) A protest of a motor carrier of passengers or of household goods to an application will not be considered unless the protesting carrier:
(1) Possesses authority from the commission commissioner to handle, in whole or in part, the commodity for which authority is applied and is willing and able to provide service that meets the reasonable needs of the shippers involved and has performed service within the scope of the application during the previous 12 month period or has actively in good faith solicited service within the scope of application during such period; or
(2) Has pending before the commission commissioner an application previously filed with the commission commissioner for substantially the same authority; or
(3) Is granted by the commission commissioner leave to intervene upon a showing of other interests which in the discretion of the commission commissioner would warrant such a grant.
(f) The commission commissioner may issue a certificate of public convenience and necessity without a hearing if the application is unprotested or unopposed.
46-7-8.

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The commission commissioner shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods shall apply for certificates required by this article. Such rules shall require that the application be in writing, under oath, and that the application:
(1) Contain full information concerning the applicant's financial condition, the equipment proposed to be used, including the size, weight, and capacity of each vehicle to be used, and other physical property of the applicant;
(2) State the complete route or routes over which the applicant desires to operate and the proposed time schedule of the operation;
(3) Set forth all existing transportation in the territory proposed to be served, and wherein the public needs additional service, and why; and
(4) Contain any such other or additional information as the commission commissioner may order or require.
46-7-9.
The commission commissioner shall collect the following fees pursuant to this article:
(1) A fee of $75.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates fewer than six motor vehicles;
(2) A fee of $150.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates six to 15 motor vehicles;
(3) A fee of $200.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates more than 15 motor vehicles;
(4) A fee of $75.00 to accompany each application for transfer of a certificate;
(5) A fee of $50.00 to accompany each application for intrastate temporary emergency authority under Code Section 46-7-13; and
(6) A fee of $50.00 to accompany each application for a motor carrier of property permit.
46-7-10.
The commission commissioner, upon the filing of a petition for a certificate of public convenience and necessity, shall fix a time and place for hearing thereon and shall, at least ten days before the hearing, give notice thereof by advertising the same at the expense of the applicant in a newspaper in Atlanta, in which sheriffs' notices are published. If no protest is filed with the commission commissioner or if the protest is subsequently withdrawn, the commission commissioner may issue the certificate without a hearing.
46-7-11.
When a petition for a certificate of public convenience and necessity under this article has been in whole or in part denied by the commission commissioner, or has been granted by the commission commissioner, and the order of the commission commissioner granting same has been quashed or set aside by a court of competent jurisdiction, a new application by the same petitioner or applicant therefor shall not be again considered by the commission commissioner within three months from the date of the order denying the same or the judgment of the court quashing or setting aside the order.
46-7-12.
(a) No certificate or permit shall be issued or continued in operation unless the applicant or holder shall give and maintain bond, with adequate security, for the protection, in case of passenger vehicles, of the passengers and

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baggage carried and of the public against injury proximately caused by the negligence of such motor common or contract carrier, its servants, or its agents. In cases of vehicles transporting freight, the applicant or holder shall give bond, with adequate security, to secure the owner or person entitled to recover therefor against loss or damage to such freight for which the motor common or contract carrier may be legally liable and for the protection of the public against injuries proximately caused by the negligence of such motor carrier, its servants, or its agents.
(b) The commission commissioner shall approve, determine, and fix the amount of such bonds and shall prescribe the provisions and limitations thereof; and such bonds shall be for the benefit of and subject to action thereon by any person who shall sustain actionable injury or loss protected thereby.
(c) The commission commissioner may, in its his or her discretion, allow the holder of such certificate or permit to file, in lieu of such bond, a policy of indemnity insurance in some indemnity insurance company authorized to do business in this state, which policy must substantially conform to all of the provisions of this article relating to bonds. Such policy must also be approved by the commission commissioner.
(d) The commission commissioner shall have power to permit self-insurance, in lieu of a bond or policy of indemnity insurance, whenever in its his or her opinion the financial ability of the motor carrier so warrants.
(e) It shall be permissible under this article for any person having a cause of action arising under this article in tort or contract to join in the same action the motor carrier and its surety, in the event a bond is given. If a policy of indemnity insurance is given in lieu of bond, it shall be permissible to join the motor carrier and the insurance carrier in the same action, whether arising in tort or contract.
46-7-13.
Notwithstanding any other provisions of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor common or contract carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropriate fee as fixed by statute, the commission commissioner, under the authority of this Code section, may, in its his or her discretion and without a hearing or other prior proceeding, grant to any person temporary motor carrier authority for such service. The order granting such authority shall contain the commission's commissioner's findings supporting its his or her determination under the authority of this Code section that there is an unmet immediate and urgent need for such service and shall contain such conditions as the commission commissioner finds necessary with respect to such authority. Unless otherwise provided in this Code section, such emergency temporary motor carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the commission commissioner shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor carrier granted temporary emergency motor carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for permanent motor common or contract carrier authority corresponding to that authorized in its temporary emergency authority, the temporary emergency motor carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period.
46-7-14.
A motor common or contract carrier of passengers may discontinue its entire service on any route upon 30 days' published notice to be prescribed by the commission commissioner, and thereupon its certificate therefor shall be canceled. A motor common or contract carrier of passengers may discontinue any part of its service on any route upon 30 days' published notice, subject, however, to the right of the commission commissioner to withdraw its certificate for such route if, in the opinion of the commission commissioner, such diminished service is not adequate or is no longer compatible with the public interest.
46-7-15.

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2237

(a) Except as otherwise provided in this Code section, before any motor common or contract carrier engaged in exempt passenger intrastate commerce as provided for in subparagraph (C) of paragraph (9) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first secure a registration permit from the commission commissioner by making application therefor on forms supplied by the commission commissioner and paying a $25.00 filing fee. The application shall show the operations claimed to be exempt. A carrier's registration permit shall be valid so long as there is no change in its operating authority but may be amended to reflect any changes by application to the commission commissioner on a form provided by the commission commissioner and payment of a $5.00 filing fee.
(b) Every motor common or contract carrier operating pursuant to a certificate or permit shall annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commission commissioner for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such certificate or permit, in such manner and form as the commission commissioner may by rule or regulation prescribe, and shall pay to the commission commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year.
(c) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code section, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission commissioner of a fee of $8.00 for each vehicle so registered. Upon such registration, the commission commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit.
(d) Whenever any motor vehicle is operated on or over any public highway of this state without the motor common or contract carrier operating such vehicle first having obtained the annual registration and license or temporary vehicle registration permit provided for in this Code section, the motor common or contract carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration of such vehicle.
(e) No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature on a motor common or contract carrier, or on the equipment of a motor common or contract carrier, or on the right of a motor common or contract carrier to operate such equipment, or on any incidents of the business of a motor common or contract carrier.
46-7-15.1.
(a) Before any motor carrier of property shall operate any motor vehicle on or over any public highway of this state, it shall first secure a motor carrier of property permit from the commission commissioner by making application therefor on forms supplied by the commission commissioner and paying the required filing fee. The application shall be in writing and under oath and shall include such information as the commission commissioner may require including, but not limited to:
(1) Whether hazardous commodities will be transported;
(2) The number and type of vehicles to be utilized;
(3) The carrier's safety record and safety rating; and
(4) Proof of compliance with applicable insurance or self-insurance requirements.
(b) The commission commissioner shall issue the motor carrier of property permit if the application is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations of the commission commissioner regarding insurance and safety, including the handling of hazardous materials. The commission commissioner may refuse to issue a permit where the applicant has failed to show compliance with the applicable

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laws of this state and the rules and regulations of the commission commissioner. In any such instance where a permit is denied, the applicant shall, upon request made within 30 days of the date of denial, be entitled to a hearing to contest such denial of a permit.
(c) The commission commissioner may, at any time after notice and a hearing, suspend, revoke, alter, or amend any permit issued under this title if it shall appear that the holder of the permit has violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commission commissioner, any provisions of this title, or any other law of this state regulating or providing for the taxation of motor vehicles.
(d) In order to provide for the publication and maintenance of just and reasonable joint-line rates, routes, classifications, and mileage guides, the commission commissioner may establish a collective rate-making procedure for all motor carriers of property who elect to participate.
46-7-16.
(a) Before any motor carrier engaged solely in interstate commerce under authority issued by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall obtain from the commission commissioner or the carrier's designated base state a registration receipt issued pursuant to rules adopted by the Interstate Commerce Commission or any successor agency as determined by federal law.
(b) Before any motor carrier engaged solely in interstate operations exempt from regulation by the Interstate Commerce Commission shall operate any motor vehicle on or over any public highway of this state, it shall first:
(1) Secure a registration permit from the Georgia Public Service Commission commissioner by making application therefor on forms supplied by the commission commissioner and paying a $25.00 filing fee. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by application to the commission commissioner on forms supplied by the commission and payment of a $5.00 filing fee;
(2) Annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commission commissioner for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such permit, in such manner and form as the commission commissioner may by rule or regulation prescribe, and shall pay to the commission commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. Notwithstanding any other provision of this Code section, the Georgia Public Service Commission commissioner is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00; and
(3) Give the bond or indemnity insurance prescribed by this article, omitting the protection in respect to their own passengers and cargoes.
(c) Motor carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other registration and identification requirements contained in subsection (b) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission commissioner of a fee of $8.00 for each vehicle so registered; and upon such payment, the commission commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit.
(d) Where a carrier has not previously qualified with the commission commissioner to operate in interstate exempt or intrastate commerce in Georgia pursuant to this Code section and thus has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for in subsection (c) of this Code section will also include the authority to operate in Georgia during the 15 day or less

Wednesday, March 22, 2000

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period covered by the emergency, temporary, or trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the commission commissioner as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle registration permit provided for in this Code section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle.
(e) Nothing in this Code section shall limit the authority of the Georgia Public Service Commission commissioner to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, Section 302(b)(2), as provided in Code Section 46-7-91.
(f) It shall not be necessary for any motor carrier to obtain a certificate of public convenience from the Georgia Public Service Commission commissioner when such carrier is engaged solely in interstate commerce over the public highways of this state.
46-7-17.
(a) Each nonresident motor common or contract carrier shall, before any certificate or permit is issued to it under this article or at the time of registering as required by Code Section 46-7-16, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations; and service of process upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the commission commissioner. Upon failure of any nonresident motor carrier to file such designation with the commission commissioner or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail by the Secretary of State or his or her successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his or her office two copies of such process with a fee of $10.00.
(b) Except in those cases where the Constitution of Georgia requires otherwise, any action against any resident or nonresident motor common or contract carrier for damages by reason of any breach of duty, whether contractual or otherwise, or for any violation of this article or of any order, decision, rule, regulation, direction, demand, or other requirement established by the commission commissioner, may be brought in the county where the cause of action or some part thereof arose; and if the motor common or contract carrier or its agent shall not be found for service in the county where the action is instituted, a second original may issue and service be made in any other county where the service can be made upon the motor common or contract carrier or its agent. The venue prescribed by this Code section shall be cumulative of any other venue provided by law.
46-7-18.
The commission commissioner shall prescribe just and reasonable rates, fares, and charges for transportation by motor common and contract carriers of passengers and household goods and for all services rendered by motor common and contract carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the commission commissioner may prescribe. Such tariffs shall also be subject to change on such notice and in such manner as the commission commissioner may prescribe. In order to carry out the purposes of this Code section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the commission commissioner shall establish a collective rate-making procedure for all carriers of passengers and household goods. Failure on the part of any motor common or contract carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said carrier's operating authority by the commission commissioner.

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46-7-19.
No motor common or contract carrier of passengers or household goods shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation of passengers and property or for any service rendered in connection therewith than the rates, fares, and charges prescribed or approved by order of the commission commissioner; nor shall any such motor carrier unjustly discriminate against any person in its rates, fares, or charges for service. The commission commissioner may prescribe, by general order, to what persons motor common and contract carriers of passengers or household goods may issue passes or free transportation; may prescribe, upon the same terms and conditions as apply to railroad carriers, reduced rates for special occasions; and may fix and prescribe rates and schedules.
46-7-20.
Motor common or contract carriers of passengers shall not be compelled to carry baggage of passengers, except hand baggage, the character, amount, and size of which the motor carrier may limit by its rules and regulations, subject to the approval of the commission commissioner; and the commission commissioner may by rule or regulation limit the amount of the liability of the motor carrier therefor. If a motor carrier shall elect to carry the personal baggage of passengers (other than hand baggage), the commission commissioner shall prescribe just and reasonable rates therefor and such other rules and regulations with respect thereto as may be reasonable and just, and may by rule or regulation limit the amount of the liability of the motor carrier therefor.
46-7-21.
Reserved.
46-7-22.
Reserved.
46-7-23.
The commission commissioner shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this article, which books and accounts shall be preserved for such reasonable time as may be prescribed by the commission commissioner. The books and records of every certificate holder shall be at all times open to the inspection of the commission commissioner or any agent appointed by the commission of the department for such purpose. The commission commissioner shall have the power to examine the books and records of all motor carriers to whom it he or she has granted certificates or permits to operate under this article and to examine under oath the officers and agents of any motor carrier with respect thereto.
46-7-24.
Motor carriers shall observe the laws of this state in respect to size, weight, and speed of their vehicles. Intrastate motor carriers of passengers shall, and interstate motor carriers of passengers may, file with the commission commissioner the schedules upon which they propose to operate their vehicles, which schedules shall be such that the net running time of vehicles between terminal points shall not exceed the lawful speed limit; and any motor carrier of passengers filing such a schedule shall be allowed to operate his or her vehicles on the highway at a rate of speed not exceeding the lawful speed limit in order to maintain a schedule so filed.
46-7-25.
Reserved.
46-7-26.

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2241

The commission commissioner shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commission commissioner shall include the following:
(1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commission commissioner shall from time to time promulgate;
(2) Every driver employed to operate a motor vehicle for a motor common or contract carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge;
(3) Accidents arising from or in connection with the operation of motor common or contract carriers shall be reported to the commission commissioner in such detail and in such manner as the commission commissioner may require; and
(4) The commission commissioner shall require every motor common and contract carrier to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the commission commissioner.
46-7-27.
The commission commissioner is authorized to adopt such rules and orders as it may deem necessary in the enforcement of this article. Such rules and orders so approved by the commission commissioner shall have the same dignity and standing as if such rules and orders were specifically provided in this article.
46-7-28.
Reserved.
(a)-The commission is authorized to employ such persons as may be necessary, in the discretion of the commission, for the proper enforcement of this article, the salaries for such employees to be fixed by the commission. The traveling expenses of the commission and its employees incurred in the implementation of this article shall be paid out of the funds derived under this article.
(b)-The commission is vested with police powers and authority to designate, deputize, and delegate to employees of the commission the necessary authority to enforce this article, including the power to stop and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with the provisions of this article and all other laws regulating the use of the public highways by motor vehicle common and contract carriers, and to arrest all persons found in violation thereof. In addition and incidental to the powers of enforcement personnel to inspect motor vehicles and to determine whether such vehicles are complying with laws relating to the use of the public highways by motor carriers, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act.'
46-7-29.
Reserved.
In any case pending before the commission pursuant to this article, the commission shall be authorized to delegate any of its authority under this article to designated employees of the commission; and decisions of such employees shall have the same effect as decisions of the commission; provided, however, that any party to a proceeding who is aggrieved by a final decision of an employee of the commission shall have the right of appeal from such decision. Any such appeal shall be considered by the commission. Any party who has on or after July 1, 1984, and prior to July 1, 1985, appealed a final decision of an employee of the commission and had such appeal determined other than

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by the commission itself may further appeal such decision to the commission itself, if a written request for such further appeal is filed not later than July 31, 1985. The appeal shall in all other cases be filed no later than the tenth day after the decision of the employee, and the commission shall set the date for the hearing of the appeal.
46-7-30.
The commission commissioner is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief.
46-7-31.
Any motor carrier which operates on the public highways of this state without the required certificate of public convenience and necessity or permit, or after such certificate or permit has been canceled, or without having registered its vehicle or vehicles as provided for in this article, or which operates otherwise than is permitted by the terms of such certificate or permit or the laws of this state may be enjoined from operating on the public highways of this state upon the bringing of a civil action by the commission commissioner, by a competing motor carrier or rail carrier, or by any individual.
46-7-32.
Nothing in this article or any other law shall be construed to vest in the owner, holder, or assignee of any certificate of public convenience and necessity or permit issued under this article any vested right to use the public highways of this state and shall not be construed to give to any motor carrier any perpetual franchise over such public highways.
46-7-33.
In all respects in which the commission commissioner has power and authority under this article, proceedings may be instituted, complaints made and filed with it, process issued, hearings held, and opinions, orders, and decisions made and filed. Any final order of the commission commissioner may be reviewed by any court of competent jurisdiction under the conditions and subject to the limitations prescribed by law which relate to the commission commissioner.
46-7-34.
(a) All certificates of public convenience and necessity to operate as a motor common or contract carrier of passengers or household goods issued prior to January 1, 1995, shall continue in full force and effect until revoked by the commission commissioner or surrendered by the holders thereof.
(b) All certificates of public convenience and necessity authorizing transportation of property and all registration permits for intrastate exempt commodity transportation that were in effect on December 31, 1994, shall be deemed null and void as of midnight December 31, 1994, and revoked by operation of law effective January 1, 1995. All persons holding certificates of public convenience and necessity authorizing transportation of property and all persons holding registration permits for intrastate exempt commodity transportation issued prior to January 1, 1995, who received a motor carrier of property permit from the commission Public Service Commission pursuant to its emergency rules shall be deemed to hold a motor carrier of property permit issued under Code Section 46-7-15.1.
(c) Any person holding a certificate of public convenience and necessity authorizing transportation of property issued prior to January 1, 1995, and any person holding a registration permit for intrastate exempt commodity transportation issued prior to January 1, 1995, who did not apply for a motor carrier of property permit pursuant to the commission's Public Service Commission's rules on or before July 15, 1995, shall be deemed to have surrendered all rights to operate as a motor carrier for hire in Georgia and may not operate any motor carrier on or over any public highway of this state without first securing a motor carrier of property permit from the commission commissioner, upon application and payment of the required application fee.
46-7-35.

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Reserved.
46-7-36.
In circumstances where a motor common or contract carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this article so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the Georgia Public Service Commission commissioner shall have the power of regulating the interstate commerce of such motor carrier, except to the extent expressly authorized by this article as to such commerce. Code Sections 46-7-14 and 46-7-18 through 46-7-20 and 46-7-23 do not apply to purely interstate commerce nor to carriers exclusively engaged in interstate commerce. When a motor common or contract carrier is engaged in both intrastate and interstate commerce, it shall be subject to all the provisions of this article so far as they separately relate to commerce carried on in this state.
46-7-37.
(a) Except as otherwise provided in subsection (b) of this Code section, this article shall not apply to private carriers engaged exclusively in the transportation of goods belonging to the individual, firm, partnership, corporation, or association owning, controlling, operating, or managing the motor vehicle in private transportation over any public highway in this state.
(b) The commission commissioner shall have the authority to promulgate rules designed to promote safety of private carriers. Every motor vehicle of a private carrier and all parts thereof shall be maintained in a safe condition at all times; and the carrier's equipment shall meet such safety requirements as the commission commissioner shall from time to time promulgate.
(c) Private carriers are not required to hold certificates of public convenience and necessity or registration permits issued by the commission commissioner.
46-7-38.
(a) Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the rates, fares, or charges established or approved by the commission commissioner for motor common or contract carriers of passengers or household goods, or who procures, aids, or abets therein, or who uses or accepts from such motor carrier any free pass or free transportation not authorized or permitted by law or by the orders, rules, or regulations of the commission commissioner, or who procures, aids, or abets therein, shall be guilty of a misdemeanor.
(b) The possession of goods, wares, or merchandise loaded on a motor vehicle consigned to any person, firm, or corporation, being transported or having been transported over the public highways in this state, without the authority of a permit or certificate for so transporting having been issued by the commission commissioner under this article, shall be prima-facie evidence that such transportation of such goods, wares, or merchandise was an intentional violation of the law regulating the transportation of persons and property over the public highways in this state.
(c) Any person claiming the benefit of any exception made in this article shall have the burden of proving that he or she falls within the exception.
46-7-39.
Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this article relating to the regulation of motor carriers, or any order, rule, or regulation of the commission commissioner, or who procures, aids, or abets therein, shall be guilty of a misdemeanor.
ARTICLE 2
46-7-50 through 46-7-79.

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Reserved.
ARTICLE 3
46-7-85.1.
As used in this article, the term:
(1) 'Certificate' means a certificate of public convenience and necessity issued by the Public Service Commission commissioner.
(2) 'Chauffeur' means any person with a Georgia state driver's license who meets the qualifications as prescribed in Code Section 46-7-85.10 and who is authorized by the Public Service Commission commissioner to drive a limousine under this article.
(3) 'Commission' 'Commissioner' means the Public Service Commission commissioner of motor vehicle safety.
(3.1) 'Department' means the Department of Motor Vehicle Safety.
(4) 'Limousine' means any motor vehicle that meets the manufacturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine.
(5) 'Limousine carrier' means any person operating a service regularly rendered to the public by furnishing transportation as a motor common carrier for hire, not over fixed routes, by means of limousines, or extended limousines, on the basis of telephone contract or written contract.
(6) 'Person' means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.
(7) 'Public highway' means every public street, road, or highway in this state.
46-7-85.2.
No limousine carrier shall operate any limousine for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article.
46-7-85.3.
No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the commissioner commissioner a certificate of public convenience and necessity to do so.
46-7-85.4.
(a) The commission commissioner shall prescribe the form of the application for the certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its his or her judgment, be necessary and may establish fees as part of such certificate process.
(b) A certificate shall be issued to any qualified applicant, provided that such applicant is a limousine carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this article and the rules and regulations of the commission commissioner and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle.

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46-7-85.5.
(a) It shall be the duty of the commission commissioner to regulate limousine carriers with respect to the safety of equipment.
(b) The commission department shall perform safety and mechanical inspections at least on an annual basis for each vehicle owned and operated by a limousine carrier.
46-7-85.6.
No certificate issued under this article may be leased, assigned, or otherwise transferred or encumbered unless authorized by the commission commissioner.
46-7-85.7.
The commission commissioner may cancel, revoke, or suspend any certificate issued under this article on any of the following grounds:
(1) The violation of any of the provisions of this article;
(2) The violation of an order, decision, rule, regulation, or requirement established by the commission commissioner pursuant to this article;
(3) Failure of a limousine carrier to pay a fee imposed on the carrier within the time required by law or by the commission commissioner;
(4) Failure of a limousine carrier to maintain required insurance in full force and effect; and
(5) Failure of a limousine carrier to operate and perform reasonable services.
46-7-85.8.
After the cancellation or revocation of a permit or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier.
46-7-85.9.
Pursuant to rules and regulations prescribed by the commission commissioner, each chauffeur employed by a limousine carrier shall register with the commission commissioner and secure a permit as a limousine chauffeur. A chauffeur's permit issued under this subsection shall be upon a form prescribed by the commission commissioner and shall bear thereon a distinguishing number assigned to the permittee, the full name and a photograph of the permittee, and such other information or identification as is required by the commission commissioner. Every chauffeur employed by a limousine carrier shall have his or her chauffeur's permit in his or her immediate possession at all times while operating a limousine. All applications for a chauffeur's permit shall be accompanied by such fee as the commission commissioner shall prescribe. The chauffeur's permit shall be valid for two calendar years. The commission commissioner may issue a chauffeur's permit by mail.
46-7-85.10.
In order to secure a chauffeur's permit, an applicant must provide the following information on a form provided by the commission commissioner. The applicant must:
(1) Be at least 18 years of age;

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(2) Possess a valid Georgia driver's license which must have been held for a minimum period of one year prior to application, and said license must not be limited as defined in Code Section 40-5-64; and
(3)(A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation.
(B) If at the time of application the applicant is charged with any of the offenses prescribed in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction.
46-7-85.11.
The State of Georgia fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this article; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that counties and municipalities may enact ordinances and regulations which require limousine carriers which are domiciled within their boundaries to pay business license fees.
46-7-85.12.
A limousine carrier operating under a certificate issued by the commission commissioner shall be required to file with the commission commissioner a tariff of rates and charges.
46-7-85.13.
Before the commission commissioner shall enter any order, regulation, or requirement directed against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter.
46-7-85.14.
A limousine carrier may obtain a temporary permit for a period of 21 consecutive days beginning and ending on the dates specified on the face of the permit. Temporary permits shall be obtained by limousine carriers which make only infrequent trips within and through this state. The fee for each temporary certificate shall be $100.00 per week and $20.00 for each vehicle. No temporary permit shall be issued without the commission commissioner having first received satisfactory proof that it the carrier meets the insurance requirements of the rules and regulations of the commission commissioner. A temporary permit shall be carried in the motor vehicle for which it was issued at all times such vehicle is in this state. The commission commissioner may issue a temporary permit by facsimile message or letter. Any chauffeur operating a limousine under a temporary permit issued pursuant to this Code section shall be required to obtain a chauffeur's permit.
46-7-85.15.
Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following information: (1) limousine company name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE-1. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service and no

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later than May 1, 1994, for all such vehicles currently owned and to be registered and operated by a limousine carrier.
46-7-85.16.
Reserved.Any person doing business in this state as a limousine carrier who is registered as such with the commission as of May 1, 1994, shall be entitled to be issued a certificate required under this article by the commission authorizing such person to continue doing business as a limousine carrier provided that such person submits a proper application and pays the required fees.
46-7-85.17.
The commission commissioner shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions of this article.
ARTICLE 4
Reserved.
46-7-90.
(a)-The Governor is authorized and directed to negotiate and consummate, with the proper authorities of the several states of the United States, the District of Columbia, and the territories and possessions of the United States, valid and binding reciprocal agreements whereby residents of such states, the District of Columbia, and the territories and possessions of the United States, operating motor vehicles as motor common carriers and motor contract carriers properly licensed and registered in their respective jurisdictions, may have the same or substantially the same privileges or exemptions in the operation of their motor vehicles in this state as residents of this state may have and enjoy in the operation, in such other jurisdictions, of their motor vehicles properly licensed and registered in this state. Notwithstanding any other provision of law to the contrary, the Governor may likewise negotiate and consummate valid and binding reciprocal agreements with the proper authorities of said jurisdictions relating to the suspension, revocation, cancellation, and reinstatement of motor vehicle drivers' licenses. In the making of such agreements, due regard shall be had for the benefit and convenience of the motor vehicle owners and other citizens of this state.
(b)-The Governor may likewise enter into agreements or arrangements with the duly authorized representatives of other jurisdictions relating to the proportional registration of commercial vehicles in interstate or intrastate commerce. The Governor may adopt and promulgate such rules and regulations as shall be necessary to effectuate and administer the provisions contained in this article.
(c)-The Governor, or a commission appointed by him, and the Public Service Commission shall give proper publicity to the terms of every reciprocal agreement entered into by them or by either of them pursuant to this article; and they are authorized and empowered to promulgate rules and regulations for the observance and enforcement of the terms of such agreement, which rules and regulations shall have the force and effect of law.
46-7-91.
The commission is authorized to negotiate and consummate with the proper authorities of other states reciprocal agreements whereby residents of such states who are operating motor common carriers or motor contract carriers licensed in their respective states may be granted the same privileges and exemptions of the operation of said motor vehicles in this state as residents of this state may have and enjoy in such other states in the operation of motor vehicles duly licensed in this state. The commission is authorized only to enter into reciprocal agreements insofar as the qualifications enforced, licenses issued, and fees collected by it are concerned; and in making such reciprocal agreements, the commission shall have due regard for the advantage and convenience of the citizens of this state.
46-7-92.

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Any and all reciprocal agreements entered into by the commission shall be subject to confirmation by Act or resolution of the General Assembly and shall not be of force and effect until the passage of such and its approval by the Governor, except such agreements as may be entered into while the General Assembly is not in session; in which case the same shall be submitted by the commission to the General Assembly not later than the tenth day of its next session; whereupon the General Assembly may confirm or reject such agreements by appropriate Act or resolution approved by the Governor; but pending passage and approval of such Act or resolution of confirmation or rejection, the agreements made during the adjournment of the General Assembly shall be of full force and effect according to their terms.
46-7-93.
All reciprocal agreements entered into by the while the General Assembly is not in session shall be approved by the Governor. No reciprocal agreement shall be made or approved under this article except that manifest advantage will accrue therefrom to the citizens of this state.
46-7-94.
Nothing in this article shall be construed to authorize the Governor or his designee to make reciprocal agreements concerning the licenses issued and fees collected by the commission.
ARTICLE 5
Reserved.
46-7-100.
Any motor common carrier or motor contract carrier operating in intrastate or interstate commerce in this state under authority granted by the commission or the Interstate Commerce Commission may obtain a motor vehicle safety inspection of any of its vehicles domiciled in Georgia upon written request to the commission and upon payment of a $5.00 inspection fee per vehicle for which a safety inspection is performed.
(b)-The commission will arrange for inspection of any vehicle as expeditiously as possible. Inspections will be performed at a place or places and at times mutually agreed upon by the motor common carrier or motor contract carrier and the commission.
(c)-Upon completion of the vehicle safety inspection by the commission personnel or, in the case of deficiencies, upon completion of repairs of all deficiencies found during the inspection and noted on the inspection report, the commission shall issue to the motor common carrier or motor contract carrier a decal certifying that the vehicle was inspected by the commission and meets the motor carrier vehicle safety regulations of the commission.
(d)-Each decal issued shall be valid for 12 months and shall contain an expiration date.
46-7-101.
(a)-Any private carrier operating in this state may obtain a motor vehicle safety inspection of any of its vehicles domiciled in Georgia upon written request to the commission and upon payment of a $5.00 inspection fee per vehicle for which a safety inspection is performed.
(b)-The commission will arrange for inspection of any vehicle as expeditiously as possible. Inspections will be performed at a place or places and at times mutually agreed upon by the private carrier and the commission. In addition and incidental to the powers of enforcement personnel to inspect such motor vehicles of private carriers and to determine whether such vehicles are complying with safety requirements, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act.'

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(c)-Upon completion of the vehicle safety inspection by the commission personnel or, in the case of deficiencies, upon completion of repairs of all deficiencies found during the inspection and noted on the inspection report, the commission shall issue to the private carrier a decal certifying that the vehicle was inspected by the commission and meets the same vehicle safety regulations required by the commission for motor common carriers or motor contract carriers.
(d)-Each decal issued shall be valid for 12 months and shall contain an expiration date."
PART X
SECTION 10-1.
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking Chapter 11, relating to transportation of hazardous materials, and inserting in its place a new chapter to read as follows:
"CHAPTER 11
46-11-1.
This chapter shall be known and may be cited as the 'Transportation of Hazardous Materials Act.'
46-11-2.
The General Assembly finds that the transportation of hazardous materials on the public roads of this state presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of Georgia and that the protection of the public health, safety, and welfare requires control and regulation of such transportation to minimize that hazard; to that end this chapter is enacted. The Public Service Commission Department of Motor Vehicle Safety is designated as the agency to implement this chapter.
46-11-3.
As used in this chapter, the term:
(1) 'Carrier' means any person engaged in the transportation on the public roads of this state of goods or property in, to, or through this state, whether or not such transportation is for hire.
(2) 'Commission' 'Commissioner' means the Public Service Commission commissioner of motor vehicle safety.
(3) 'Hazardous material' means and includes radioactive materials, liquefied natural gas (LNG), and polychlorinated biphenyl (PCB).
(4) 'Person' means and includes any individual, corporation, partnership, association, state, municipality, political subdivision of a state, and any agency or instrumentality of the United States government or any other entity and includes any officer, agent, or employee of any of the above.
(5) 'Shipper' means any person who arranges for, provides for, solicits a carrier for, consigns to a carrier for, or contracts with a carrier for shipment or transport of goods or property.
46-11-4.
(a) Notwithstanding any other provision of law to the contrary, any person transporting hazardous material on the public roads of this state shall be subject to the requirements of this chapter.
(b) No person, including the state or any agency thereof, shall transport hazardous material in, to, or through this state on the public roads of this state, whether or not the hazardous material is for delivery in this state and whether

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or not the transportation originated in this state; nor shall any person deliver in this state any hazardous material to any person for transportation; nor shall any such person accept any hazardous material for transportation in this state without compliance with the following requirements: such materials shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, and monitored in compliance with rules and regulations promulgated by the commission commissioner pursuant to this chapter and consistent with federal law. Compliance with such rules and regulations shall be in addition to and supplemental of other regulations of the United States Department of Transportation, United States Nuclear Regulatory Commission, Georgia Department of Human Resources, and state fire marshal, applicable to such persons.
(c) The commission commissioner shall promulgate rules and regulations such that no person shall arrange for the transportation of or cause to be transported in, to, or through this state on the public roads of this state any hazardous material unless such person shall notify the commission commissioner or its his or her designee in accordance with such rules and regulations.
(d) Knowledge by a shipper that a carrier proposes to transport hazardous material in or through this state on the public roads of this state shall be sufficient contact with this state to subject such shipper to the jurisdiction of the courts of this state with respect to such transport.
(e) No transportation of hazardous material shall take place in or through this state until the commission or its commissioner or his or her designee issues a permit authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles which carry hazardous materials. The commission or its commissioner or his or her designee may require changes in the proposed dates, times, routes, detention, holding, or storage of such materials during transport as necessary to maximize protection of the public health, safety, welfare, or the environment. The commission commissioner is authorized to promulgate reasonable rules and regulations which are necessary or desirable in governing the issuance of permits, provided that such rules and regulations are not in conflict with other provisions of law.
(f) Every such permit shall be carried in the vehicles or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or employee of the commission Department of Motor Vehicle Safety who has been given enforcement authority by the commission commissioner.
(g) For just cause, including, but not limited to, repeated and consistent past violations, the commission commissioner may refuse to issue or may cancel, suspend, or revoke the permit of an applicant or permittee.
(h)(1) The commission commissioner or the official designated by the commission commissioner, pursuant to this Code section and the rules and regulations developed by the commission commissioner, may issue an annual permit which shall allow vehicles transporting hazardous materials to be operated on the public roads of this state for 12 months from the date the permit is issued.
(2) The commission commissioner or the official designated by the commission commissioner, pursuant to this Code section, and the rules and regulations developed by the commission commissioner, may issue a single-trip permit to any vehicle.
(i) The commission commissioner may charge a fee for the issuance of permits. The fee for the issuance of annual trip permits shall be $100.00. Annual trip permits previously issued by the Department of Transportation during calendar years 1984 and 1985 shall be valid until the date of expiration shown on the permit unless canceled, suspended, or revoked prior to the date of expiration by the commission. The fee for the issuance of single-trip permits shall be established by rules and regulations promulgated by the commission commissioner.
(j) For purposes of this chapter, the commission commissioner is expressly authorized to contract with the Department of Public Safety, the Department of Human Resources, or other state agencies or departments to perform any activities necessary to implement this chapter.
(k) Notwithstanding any other provisions of this chapter, the commission commissioner is authorized to establish such exceptions or exemptions from the requirements of this chapter, or any provision hereof, for such kinds,

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quantities, types, or shipments of hazardous materials as it shall deem appropriate, consistent with the protection of the public health, safety, and welfare.
(l) This chapter shall not apply to the transportation, delivery, or acceptance for delivery of radioactive materials inside the confines of the authorized location of use of any person authorized to use, possess, transport, deliver, or store radioactive materials by the Department of Human Resources pursuant to Chapter 13 of Title 31 or by the United States Nuclear Regulatory Commission; nor shall this chapter apply to the transportation, delivery, or acceptance for transportation of radioactive materials under the direction or supervision of the United States Nuclear Regulatory Commission or the United States Department of Defense where such transportation, delivery, or acceptance for transportation is escorted by personnel designated by or under the authority of those agencies.
(m) This chapter shall not apply to interstate pipeline facilities which are subject to the jurisdiction of the United States Department of Transportation under the Natural Gas Pipeline Safety Act of 1968.
(n) In the event of any damage to state property or any discharge of hazardous materials from the authorized shipping package or container or any threat of such discharge which results from the transportation, storage, holding, detention, delivery for transportation, or acceptance for transportation of hazardous materials in this state, the state may recover from any shipper, carrier, bailor, bailee, or any other person responsible for such storage, transportation, holding, detention, delivery, or acceptance all costs incurred by the state in the reparation of the damage and all costs incurred in the prevention, abatement, or removal of any such discharge or threatened discharge, including reasonable attorney's fees incurred with respect to recovery.
(o) Notwithstanding any other provisions of law, a bond or indemnity insurance required of carriers shall be established by rules and regulations of the commission commissioner and shall for all persons subject to this chapter, whether intrastate or interstate carriers, be at least in the maximum amount or amounts authorized or required by federal law or regulations.
(p) In addition to any other liability imposed by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor.
46-11-5.
The commission commissioner is authorized and empowered to adopt, promulgate, amend, repeal, or modify such standards, rules, and regulations and to issue such orders, authorizations, or amendments or modifications thereof as are necessary to implement this chapter. Any standards, rules, or regulations adopted pursuant to this chapter, if consistent with the applicable laws relating to adoption of such standards, rules, or regulations, shall have the force and effect of law.
46-11-6.
(a) The commission commissioner is authorized to employ such persons as may be necessary, in the discretion of the commission commissioner, for the proper enforcement of this chapter, the salaries for such employees to be fixed by the commission commissioner. The traveling expenses of the commission and its employees incurred in the implementation of this chapter shall be paid out of the funds derived under this chapter.
(b) The commission commissioner is vested with police powers and authority to designate, deputize, and delegate to employees of the commission Department of Motor Vehicle Safety the necessary authority to enforce this chapter, including the power to stop and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with the provisions of this chapter and all other laws regulating the use of the public highways by motor vehicles, and to arrest all persons found in violation thereof."
PART XI
SECTION 11-1.

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Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-5-474, relating to return of motor vehicles for taxation, and Code Section 48-5-475, relating to sale of motor vehicle license plates, and inserting in their place new Code sections to read as follows:
"48-5-474.
The application for registration of a motor vehicle and for the purchase of a license plate for the motor vehicle shall constitute the return of that motor vehicle for ad valorem taxation but only if ad valorem taxes are due at the time of registration. The state revenue commissioner is and the commissioner of motor vehicle safety are directed to jointly prescribe a form for the application for registration which shall provide the information needed by the tax commissioner or tax collector in determining the amount of taxes due under this article.
48-5-475.
All original motor vehicle license plates shall be sold by the tax collector or tax commissioner of the several counties. Such officials are designated as agents of the commissioner of motor vehicle safety for the purpose of accepting applications for the registration of motor vehicles and as agents of the state revenue commissioner for purposes of collecting ad valorem taxes in connection with the registration of motor vehicles. The duties and responsibilities incident to the exercise of this designation shall be a part of the official duties and responsibilities of the various tax collectors and tax commissioners."
SECTION 11-2.
Said Title 48 is further amended in Code Section 48-10-1, relating to definitions applicable to motor vehicle license plates and license fees, by adding a new paragraph (.2) to read as follows:
"(.2) 'Commissioner' means the commissioner of motor vehicle safety."
PART XII
SECTION 12-1.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-6-11, relating to arrest or citation for traffic offenses, and inserting in its place a new Code section to read as follows:
"17-6-11.
(a) Any other laws to the contrary notwithstanding, any person who is apprehended by an officer for the violation of the laws of this state or ordinances relating to: (1) traffic, including any offense under Code Section 40-5-72 or 40-610, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of public motor vehicle safety, any offense covered under Code Section 40-5-54, or any offense covered under Article 15 of Chapter 6 of Title 40; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such apprehending officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may display his or her driver's license to the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his or her appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the apprehending officer and held for further action by the appropriate judicial officer. The apprehending officer shall note the driver's license number on the official summons. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter.
(b) Upon display of the driver's license, the apprehending officer shall release the person so charged for his or her further appearance before the proper judicial officer as required by the summons. The court in which the charges are lodged shall immediately forward to the Department of Public Motor Vehicle Safety of this state the driver's license

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number if the person fails to appear and answer to the charge against him or her. The commissioner of public motor vehicle safety shall, upon receipt of a license number forwarded by the court, suspend the driver's license and driving privilege of the defaulting person until notified by the court that the charge against the person has been finally adjudicated. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays to the Department of Public Motor Vehicle Safety a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail.
(b.1) It shall be the duty of a law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a fatal injury to examine immediately the driver's license of the victim to determine the victim's wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, it shall be the duty of such law enforcement officer or emergency medical technician to take appropriate action to ensure, if possible, that the victim's organs shall not be imperiled by delay in verification by the donor's next of kin.
(c) Nothing in this Code section bars any law enforcement officer from arresting or from seizing the driver's license of any individual possessing a fraudulent license or a suspended license or operating a motor vehicle while his or her license is suspended, outside the scope of a driving permit, or without a license.
(d) The commissioner of public motor vehicle safety shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this Code section and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Code section."
SECTION 12-2.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 168-85, relating to forfeiture of property seized in connection with motor vehicle chop shops, by striking paragraph (2) of subsection (f) and subsections (k), (l), and (r) and inserting in their respective places new provisions to read as follows:
"(2) The prosecutor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Department of Revenue Motor Vehicle Safety, the Department of Transportation, the Federal Aviation Agency, or any other department or agency of this state, any other state or territory of the United States, or of the federal government if such property is required to be registered with any such department or agency."
"(k) No motor vehicle or motor vehicle part shall be forfeited under this Code section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable shall be the subject of a written report sent by the seizing agency to the Department of Revenue Motor Vehicle Safety, which report shall include a description of the motor vehicle or motor vehicle part, including its color, if any; the date, time, and place of its seizure; the name of the person from whose possession or control it was seized; the grounds for its seizure; and the location where the same is held or stored.
(l) When a seized unidentifiable motor vehicle or motor vehicle part has been held for 60 days or more after the notice to the Department of Revenue Motor Vehicle Safety specified in subsection (k) of this Code section has been given, the seizing agency, or its agent, shall cause the motor vehicle or motor vehicle part to be sold at a public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous place for at least 30 days prior to the sale on the premises where the motor vehicle or motor vehicle part has been stored."
"(r) When an applicant for a certificate of title or salvage certificate of title presents to the Department of Revenue Motor Vehicle Safety proof that the applicant purchased or acquired a motor vehicle at public sale conducted pursuant to this Code section and such fact is attested to by the seizing agency, the Department of Revenue Motor Vehicle Safety shall issue a certificate of title or a salvage certificate of title, as determined by the commissioner of revenue motor vehicle safety, for such motor vehicle upon receipt of the statutory fee, a properly executed application for a certificate of title or other certificate of ownership, and the affidavit of the seizing agency that a state assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser."

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SECTION 12-3.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking Code Section 35-2-37, relating to employment of communications officers and license examiners by the Department of Public Safety, and inserting in its place a new Code section to read as follows:
"35-2-37.
(a) To support the battalion, the commissioner, with the approval of the board, is authorized to employ such communications officers as may be necessary, within the limits set by available appropriations. Such personnel shall not be considered members of the Uniform Division. Communications officers may be divided into such ranks or categories as the commissioner, with the approval of the board, deems appropriate.
(b)-To support the battalion, the commissioner, with the approval of the board, is authorized to employ such license examiners as may be necessary, within the limits set by available appropriations. The commissioner shall provide the license examiners with proper uniforms, suitable to the season, which shall remain the property of the state. License examiners may be divided into such ranks or categories as the commissioner, with the approval of the board, deems appropriate. License examiners shall not be considered members of the Uniform Division."
SECTION 12-4.
Said Title 35 is further amended by striking subsection (a) of Code Section 35-2-42, relating to personnel matters within the Department of Public Safety, and inserting in its place a new subsection to read as follows:
"(a) All members of the Uniform Division, all communications officers, all license examiners, and all recruits or cadets shall be governed by rules and regulations as now or hereafter established under Chapter 20 of Title 45."
SECTION 12-5.
Said Title 35 is further amended by striking Code Sections 35-2-46 through 35-2-49, relating to employment, dismissal, and equipment of Department of Public Safety personnel, and inserting in their place new Code sections to read as follows:
"35-2-46.
All officers, troopers, and communications officers, and driver's license examiners who are in the classified service of the state merit system may be dismissed from their employment with the department only in accordance with Chapter 20 of Title 45 and the rules and regulations promulgated thereunder.
35-2-47.
All officers, troopers, and communications officers, and driver's license examiners who are in the classified service of the state merit system may be suspended pending their dismissal from employment with the department as provided in Chapter 20 of Title 45 or the rules and regulations promulgated thereunder.
35-2-48.
Repealed. Reserved.
35-2-49.
The commissioner shall, within the limit of the appropriation, provide the members of the Uniform Division of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first-aid outfits, weapons, motor vehicles with radio equipment, and all other necessary supplies and equipment for the purpose of carrying out this article, the same to remain the property of the state; provided, however, that after a

Wednesday, March 22, 2000

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member has accumulated 25 years of service in the Uniform Division of the Department of Public Safety, upon leaving the division under honorable conditions, such member shall be entitled, as part of his or her compensation, to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. The commissioner shall also, within the limit of the appropriation, provide proper uniforms and equipment to radio operators and driver's license examiners. After a radio operator or driver's license examiner has accumulated 25 years of service with the department, upon leaving the department under honorable conditions, such radio operator or driver's license examiner shall be entitled, as part of his or her compensation, to retain his or her badge pursuant to regulations promulgated by the commissioner."
SECTION 12-6.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking paragraphs (1) and (3) of Code Section 43-13-2, relating to definitions applicable to regulation of driver training schools, and inserting in their respective places the following:
"(1) 'Department' means the Department of Public Motor Vehicle Safety acting directly or through its duly authorized officers and agents."
"(3) 'Driver's license examiners' means examiners appointed by the Department of Public Motor Vehicle Safety for the purpose of giving driver's license examinations."
SECTION 12-7.
Said Title 43 is further amended by striking subsection (b) of Code Section 43-13-6, relating to licensure of driver training schools, and inserting in its place a new subsection to read as follows:
"(b) All licenses issued to driver training schools or driver training instructors pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-13-7. All licenses shall be renewed through the Department of Public Safety department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal."
SECTION 12-8.
Said Title 43 is further amended by striking Code Section 43-13-8, relating to promulgation of rules applicable to driver training schools, and inserting its place a new Code section to read as follows:
"43-13-8.
The Board of Public Safety commissioner of motor vehicle safety is authorized to prescribe, by rule, standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and to adopt other reasonable rules and regulations to carry out this chapter."
SECTION 12-9.
Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking paragraph (6) of Code Section 45-9-81, relating to definitions applicable to indemnification of public employees, and inserting in its place a new paragraph to read as follows:
"(6) '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 juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, 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 Juvenile Justice or who have broken the conditions of supervision and. With

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respect to periods of time prior to July 1, 2001, such term also includes employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28 and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials ; and on and after July 1, 2001, such term also includes law enforcement officers of the Department of Motor Vehicle Safety. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."
PART XIII
SECTION 13-1.
This Act shall become effective for all purposes on July 1, 2001. This Act shall become effective upon its approval by the Governor for the purposes of:
(1) Appointment of the members of the Board of Motor Vehicle Safety and the commissioner of motor vehicle safety;
(2) The authority of the commissioner of motor vehicle safety to adopt rules and regulations;
(3) The authority of the commissioner of motor vehicle safety to employ staff within the limits of funds appropriated or otherwise made available for such purpose; and
(4) The authority of the departments and officers affected by this Act to commence and take administrative actions as may be necessary or appropriate to prepare for and phase in the full implementation of this Act no later than July 1, 2001.
SECTION 13-2.
All laws and parts of laws in conflict with this Act are repealed.
Senators Johnson of the 1st, James of the 35th, Williams of the 6th and Hamrick of the 30th offered the following amendment #1:
Amend the committee substitute to HB 1441 (LC 14 7498S) by adding after the semicolon on line 20 of page 1 the following:
"to change provisions relating to inclusion of fingerprints on drivers' licenses and identification cards;".
By inserting between lines 34 and 35 of page 43 a new section to read as follows:
"SECTION 5-9.1.
Said Title 40 is further amended by striking in its entirety Code Section 40-5-28, relating to issuance of licenses, and inserting in lieu thereof the following:
'40-5-28.
The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. Specifically but without limitation, the department may require allow applicants , at their option, to submit fingerprints by means of an inkless fingerprint scanning device upon application.'"

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2257

By inserting between lines 22 and 23 of page 72 a new section to read as follows:

"SECTION 5-45.1.

Said Title 40 is further amended by striking in its entirety paragraph (11) of subsection (a) of said Code Section 405-100 and inserting in lieu thereof the following:

'(11) Fingerprint of the person identified, but only at such person's option; and'".

By striking line 7 of page 83 and inserting in place thereof the following:

"(12) Fingerprint of the person so identified, but only at such person's option; and".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour Y Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle
Cheeks Y Crotts N Dean N Egan N Fort N Gillis Y Gingrey N Golden Y Guhl

Y Hamrick N Harbison N Hecht N Hill N Hooks N Huggins N Jackson Y James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land N Lee N M V Bremen N Madden N Marable Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray
Scott N Smith N Starr Y Stephens N Stokes N Streat Y Tanksley N Tate Y Thomas,D E Thomas,N N Thomas,R N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 23, nays 30, and the Johnson et al., amendment #1 to the committee substitute was lost.

Senators Streat of the 19th and Crotts of the 17th offered the following amendment #2:

Amend the committee substitute to HB 1441 as follows: On page 25, line 21, strike the figure "$1.00" and insert in its place the figure "$2.00".

On page 38, line 21, strike the figure "$.50" and insert in its place the figure "$2.00".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour Y Blitch N Bowen N Broun N Brown Y Brush Y Burton N Butler

Y Hamrick N Harbison N Hecht N Hill N Hooks N Huggins N Jackson N James

Y Price,R Y Price,T N Ragan Y Ray
Scott N Smith N Starr Y Stephens

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Y Cable Y Cagle N Cheeks Y Crotts N Dean N Egan N Fort Y Gillis Y Gingrey N Golden Y Guhl

Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Y Lee N M V Bremen N Madden N Marable Y Perdue N Polak

N Stokes Y Streat Y Tanksley N Tate Y Thomas,D E Thomas,N N Thomas,R N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 25, nays 29, and the Streat, Crotts amendment #2 to the committee substitute was lost.

Senators Streat of the 19th and Crotts of the 17th offered the following amendment #3:

Amend the committee substitute to HB 1441 by striking the phrase "with a fee of $8.00" where it appears on lines 40 and 43 of page 26 and inserting in each such place the following:

"with no fee".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch N Bowen Y Broun Y Brown Y Brush Y Burton N Butler Y Cable Y Cagle N Cheeks Y Crotts Y Dean N Egan N Fort Y Gillis Y Gingrey N Golden Y Guhl

Y Hamrick N Harbison N Hecht Y Hill Y Hooks Y Huggins N Jackson N James Y Johnson,E Y Kemp Y Ladd Y Lamutt
Land Y Lee Y M V Bremen Y Madden N Marable Y Perdue Y Polak

Price,R Y Price,T Y Ragan Y Ray
Scott N Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley N Tate Y Thomas,D E Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the amendment, the yeas were 38, nays 14, and the Streat, Crotts amendment #3 to the committee substitute was adopted.
Senators Streat of the 19th and Crotts of the 17th offered the following amendment #4:
Amend the committee substitute to HB 1441 by inserting after the word "of" on line 23 of page 28 the words "the county and".
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Wednesday, March 22, 2000

2259

Y Balfour Y Blitch N Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle N Cheeks Y Crotts N Dean N Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick N Harbison Y Hecht Y Hill N Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt
Land Y Lee Y M V Bremen Y Madden N Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith N Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Thomas,D E Thomas,N Y Thomas,R N Thompson Y Walker Y Williams

On the adoption of the amendment, the yeas were 42, nays 9, and the Streat, Crotts amendment #4 to the committee substitute was adopted.
Senator Hill of the 4th offered the following amendment #5:
Amend the committee substitute to HB 1441 (LC 14 7498S) by inserting "change certain provisions relating to instruction permits, graduated licensing and related restrictions, and temporary licenses; to" before "create" on line 2 of page 1 and by inserting a new Section 5-7A to read as follows:
"SECTION 5-7A.
Said Title 40 is further amended in Code Section 40-5-24, relating to instruction permits, graduated licensing and related restrictions, and temporary licenses, by redesignating paragraph (2) of subsection (b) as paragraph (3) thereof and striking paragraph (1) of subsection (b) and inserting in lieu thereof the following:
'(b)(1)(A) Any resident of this state who is at least 16 years of age and who, for a period of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D driver's license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D driver's license as provided in subsection (a) of this Code section, provided that a resident and:
(i) Has completed a cumulative total of at least 50 hours of driving a Class C motor vehicle under instruction of a person at least 21 years of age who is licensed to operate such vehicle, including at least ten hours at night, and the same is verified in writing on a form provided by the department and signed by a parent or guardian of the applicant before a person authorized to administer oaths; or
(ii) Has completed a driver education course approved by the department in a driver training school or public secondary school or a driver education course in another state which the department determines to be substantially equivalent to a course approved for residents of this state and presents proof thereof acceptable to the department.
(B) (i) The commissioner shall by rule or regulation establish standards for approval of any driver education course for purposes of division (ii) of subparagraph (A) of this paragraph, provided that such course shall be designed to educate young drivers about safe driving practices and traffic laws and to train young drivers in the safe operation of motor vehicles.

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(ii) Any applicant for a Class D driver's license who is at least 17 years of age and who meets all other requirements for such license shall be exempt from the requirements of divisions (i) and (ii) of subparagraph (A) of this paragraph.

(iii) The requirements of divisions (i) and (ii) of subparagraph (A) of this paragraph notwithstanding, any Class D driver's license issued prior to the effective date of said divisions shall remain valid until the expiration date of such license except when surrendered, under suspension, or revoked as otherwise provided by law.

(C) Any resident at least 16 years of age who has at any age surrendered to the department a valid instruction permit or driver's license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or driver's license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or driver's license toward meeting the eligibility requirements for a Class D driver's license the same as if such previously issued permit or driver's license were an instruction permit issued under subsection (a) of this Code section.

(2) The department shall, after all applicable requirements have been satisfied and the applicant has successfully passed a behind the wheel road test, issue to the applicant a Class D driver's license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions:

(A) The Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 1:00 A.M. and 5:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, unless:

(i) Going to or from a place of business where he or she is actually employed on a regularly scheduled basis;

(ii) Going to or from an event or activity sponsored or sanctioned by a secondary or postsecondary school in which he or she is enrolled as a student;

(iii) Going to or from an event or activity sponsored or sanctioned by a religious organization; or

(iv) For the purpose of a medical, fire, or law enforcement related emergency; and

(B) The Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the driver's immediate family are less than 21 years of age; provided, however, that a Class D license holder shall not be charged with a violation of this subparagraph alone but may be charged with violating this subparagraph in addition to any other traffic offense.'".

Senator Gingrey of the 37th offered the following amendment:

Amend the Hill amendment (AM 25 0348) by adding on page 1, line 38, after word "department," "and completed 50% of the requirement of subsection b (1) A i and by deleting lines 6-10 on page 2.

On the adoption of the Gingrey amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour N Blitch N Bowen Y Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle

Y Hamrick N Harbison N Hecht N Hill N Hooks N Huggins N Jackson
James Y Johnson,E N Kemp

Y Price,R Y Price,T N Ragan Y Ray
Scott N Smith N Starr Y Stephens N Stokes N Streat

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2261

N Cheeks Y Crotts N Dean Y Egan Y Fort N Gillis Y Gingrey N Golden Y Guhl

Y Ladd Y Lamutt Y Land N Lee N M V Bremen N Madden N Marable
Perdue N Polak

Y Tanksley Tate
Y Thomas,D N Thomas,N
Thomas,R N Thompson N Walker Y Williams

On the adoption of the amendment, the yeas were 23, nays 28, and the Gingrey amendment to the Hill amendment was lost.

On the adoption of the Hill amendment, the President ordered a roll call, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle N Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey N Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land N Lee Y M V Bremen Y Madden Y Marable
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

On the adoption of the amendment, the yeas were 48, nays 3, and the Hill amendment to the committee substitute was adopted.

Senator Crotts of the 17th offered the following amendment #6:

Amend the committee substitute to HB 1441 as follows:

On page 28, line 42, after the word "plate" strike the period and add "for each private passenger motor vehicle he/or she may own.

On the adoption of the amendment, the yeas were 29, nays 1, and the Crotts amendment #6 to the committee substitute was adopted.

Senators Crotts of the 17th and Stephens of the 51st offered the following amendment #7:

Amend the committee substitute to HB 1441 (LC 14 7468S) by adding after the semicolon on line 20 of page 1 the following:

"to change provisions relating to examination of applicants for drivers' licenses so as to provide for the examination to be given only in the English language;".

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By inserting immediately after Section 5-9 of the bill a new Section 5-9.1 to read as follows:

"SECTION 5-9.1.

Said Title 40 is further amended by adding at the end of Code Section 40-5-27, relating to examination of applicants for drivers' licenses, a new subsection (d) to read as follows:

'(d) Notwithstanding any other provision of law, the regulations adopted by the commissioner shall provide that the examination provided for in this Code section shall be administered only in the English language and not in any other language; provided, however, that this subsection shall not be construed to prohibit the provision of accommodations which may be needed by persons with disabilities who are otherwise eligible to obtain a driver's license.'"

Senator Crotts of the 17th asked unanimous consent that his amendment be withdrawn. The consent was granted, and amendment #7 to the committee substitute was withdrawn.

Senator Brush of the 24th offered the following amendment #8:

Amend the Senate Transportation Committee substitute to HB 1441 by striking the period at the end of line 37 on page 86 and inserting at the end of said line the following:

"; provided, however, that this subsection shall not apply to a motorcycle operator who is at least 21 years of age, holds a valid Class M driver's license, and has completed the Department of Motor Vehicle Safety motorcycle training course."

Senator Brush of the 24th offered the following amendment:

Amend the Brush amendment #8 (AM 19 0569) by adding after the word license on line 8 page 1

"for 24 months,"

On the adoption of the amendment, the yeas were 9, nays 27, and the Brush amendment to the Brush amendment #8 (AM 19 0569) was lost.

On the adoption of the Brush amendment, the President ordered a roll call, and the vote was as follows:

Balfour Blitch N Bowen N Broun N Brown Y Brush N Burton N Butler N Cable Y Cagle Y Cheeks Y Crotts N Dean N Egan N Fort N Gillis N Gingrey N Golden N Guhl

N Hamrick N Harbison
Hecht N Hill N Hooks N Huggins N Jackson N James Y Johnson,E N Kemp N Ladd N Lamutt Y Land N Lee N M V Bremen N Madden Y Marable Y Perdue N Polak

N Price,R N Price,T N Ragan Y Ray
Scott N Smith N Starr Y Stephens N Stokes
Streat N Tanksley N Tate
Thomas,D Thomas,N Y Thomas,R N Thompson Walker Y Williams

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2263

On the adoption of the Brush amendment #8, the yeas were 12, nays 36, and the Brush amendment to the committee substitute was lost.

On the adoption of the substitute, the yeas were 37, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush N Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 52, nays 1.

The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Cheeks of the 23rd moved that the following bill, having been placed on the Table on March 20, be taken from the Table:
HB 446. By Representatives Birdsong of the 123rd, Skipper of the 137th, Walker of the 141st and others:

A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to tax exemptions, so as to provide that any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal and school purposes in the same amount as that to which a disabled veteran is entitled under other provisions of law; and for other purposes.

Senate Sponsor: Senator Cheeks of the 23rd. On the motion, the yeas were 52, nays 0; the motion prevailed, and HB 446 was taken from the Table. Pursuant to Senate Rule 111, HB 446, having been taken from the Table, was put upon its passage. The report of the committee, which was favorable to the passage of the bill, was agreed to.

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On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 52, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 486.

By Senators Kemp of the 3rd and Meyer von Bremen of the 12th:

A bill to be entitled an Act to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts, so as to prohibit the issuance of mutual protective orders in cases of family violence unless each party has complied with the provisions of Code Section 19-13-4; to provide for related matters; to repeal conflicting laws.

The following bill was taken up to consider House action thereto:

HB 1361. By Representatives Lucas of the 124th, Snow of the 2nd, Skipper of the 137th and Lane of the 146th:

A bill to be entitled an Act to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Ethics in Government Act," so as to require newspapers and other companies which accept paid political advertisements to maintain certain records concerning the identity of persons purchasing such advertisements; to provide for civil penalties to be imposed by the State Ethics Commission for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Kemp of the 3rd moved that the Senate insist on its amendment to HB 1361.

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On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1361.
The following bill was taken up to consider House action thereto:
SB 462. By Senators Hecht of the 34th and Starr of the 44th:
A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered without prior approval; to provide for duties of the Secretary of State regarding applications for registration; to repeal conflicting laws; and for other purposes.
Senator Hecht of the 34th moved that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.
On the motion, the yeas were 35, nays 2; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Walker of the 22nd, Dean of the 31st and Hecht of the 34th.
The following bill was taken up to consider House action thereto:
HB 837. By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for trespass upon or damage to realty accrues; and for other purposes.

Senator Thomas of the 2nd moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 1; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Dean of the 31st, Thomas of the 2nd and Harbison of the 15th.
Senator Meyer von Bremen of the 12th moved that the following bill, having been placed on the Table on March 20, be taken from the Table:
HB 1204. By Representative Murphy of the 18th:
A bill to be entitled an Act to amend Article 1 of Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to descent and distribution under the Revised Probate Code of 1998, so as to provide for the vesting in the heirs subject to divestment of certain interests in real property owned by an intestate decedent; to provide for vesting of such interests in an administrator for the benefit of the heirs and creditors of the decedent; to require the assent of the administrator for revesting in the heirs; to provide for recovery of possession from the heirs by the administrator in certain circumstances; to provide that an order for sale or distribution after notice is conclusive evidence; to provide an effective date; to repeal conflicting laws; and for other purposes.
Senate Sponsor: Senator Kemp of the 3rd.

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On the motion, the yeas were 51, nays 0; the motion prevailed, and HB 1204 was taken from the Table. Pursuant to Senate Rule 111, HB 1204, having been taken from the Table, was put upon its passage.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan
Ray Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Thompson Y Walker Y Williams

On the passage of the bill, the yeas were 51, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill was taken up to consider House action thereto:

HB 1206. By Representatives Scheid of the 17th, Stuckey of the 67th, Squires of the 78th and others:

A bill to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide training requirements for clerks of the juvenile courts; to provide for clerks pro tempore; to provide for certificates and expenses; to provide for exceptions; to repeal conflicting laws; and for other purposes.

Senator Jackson of the 50th moved that the Senate insist on its amendment to HB 1206.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted on its amendment to HB 1206.

The following bill was taken up to consider House action thereto: SB 297. By Senators Brown of the 26th, Scott of the 36th, Ladd of the 41st, Polak of the 42nd and others:

A bill to be entitled an Act to amend Title 4 of the O.C.G.A., relating to animals, so as to change certain references relating to cruelty to animals; to include a certain reference relating to animal fighting; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to revise comprehensively the law relating to the offense of cruelty to animals; to repeal conflicting laws; and for other purposes.

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Senator Brown of the 26th moved that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.
On the motion, the yeas were 39, nays 1; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Brown of the 26th, Egan of the 40th and Meyer von Bremen of the 12th.
The following messages were received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 483.

By Senators James of the 35th, Walker of the 22nd, Hecht of the 34th and others:

A bill to be entitled an Act to amend Code Section 43-9-12 of the Official Code of Georgia Annotated, relating to grounds for refusal or revocation of licenses to practice chiropractic, so as to require the furnishing of certain information to a chiropractor after an investigation thereof is initiated or completed and to require a delay in sanctions in order to allow the person being investigated to respond to such information; to provide an effective date; to provide for applicability; to repeal conflicting laws.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 338.

By Senators Kemp of the 3rd, Hecht of the 34th, Land of the 16th and others:

A bill to be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the provisions relating to the service of citations for the trial of ordinance violations and deposit account fraud in magistrate courts and the filing of copies with the court; to repeal conflicting laws.

The House has adopted, as amended, by the requisite constitutional majority the following resolution of the Senate:

SR 491.

By Senators Starr of the 44th, Walker of the 22nd and Meyer von Bremen of the 12th:

A resolution creating the General Assembly's Commission on Juvenile Gangs; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 524.

By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:

A bill to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to provide for erosion and sediment control plans for certain construction or maintenance projects of the Department of Transportation or the State Tollway Authority; to provide for an Erosion and Sediment Control Overview Council and the appointment, powers, duties, and compensation of members thereof; to change certain provisions relating to exemptions from the applicability of provisions of said chapter; to repeal conflicting laws.

The House has disagreed to the Senate substitute to the following bill of the House:

HB 1423.

By Representatives McCall of the 90th, Walker of the 141st, Buck of the 135th and others:

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A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to amend a statement of legislative findings; to define certain terms; to provide that the provisions of such Act may apply in counties which affect the air quality in nonattainment areas; to provide for the powers and duties of the Board of Natural Resources with regard to establishing air quality to amend code Section 36-32-8, relating to jurisdiction in cases of operating a motor vehicle without a certificate of emission inspection, so as to change certain references contained in such Code section.

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

HB 1135.

By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:
A bill to amend Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, so as to change certain provisions regarding preferences to certain economically depressed counties.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 436.

By Senators Johnson of the 1st and Egan of the 40th:

A bill to be entitled an Act to amend Code Section 1-3-3 of the O.C.G.A., relating to definitions of terms in the O.C.G.A., so as to define the term "statutory overnight delivery"; to amend Code Section 9-10-12 of the O.C.G.A., relating to delivery of notices by certified or registered mail, so as to provide for delivery of notices by overnight delivery through the postal service or a commercial delivery service; to define and authorize delivery by "statutory overnight delivery"; to provide for references in laws, statutes, Code sections, ordinances, rules, and regulations; to amend numerous provisions of the O.C.G.A. so as to authorize delivery in such manner of notices previously required to be delivered by registered or certified mail; to repeal conflicting laws.

The following bill was taken up to consider House action thereto:

SB 95.

By Senators Thomas of the 10th, Brush of the 24th and James of the 35th:

A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to education and training of persons regulated by the State Board of Cosmetology; to require certain continuing education; to require licensing of instructors in private cosmetology schools.

The House substitute was as follows:

A BILL

To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to education and training of persons regulated by the State Board of Cosmetology; to require certain continuing education; to require licensing of instructors in private cosmetology schools; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 10, relating to cosmetologists, and inserting in its place the following:

"CHAPTER 10

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43-10-1.
As used in this chapter, the term:
(1) 'Beautician' means 'cosmetologist' as such term is defined in this Code section.
(2) 'Beauty shop' or 'beauty salon' means any premises where one or more persons engage in the occupation of cosmetology.
(3) 'Board' means the State Board of Cosmetology.
(4) 'Cosmetologist' means any person who performs any one or more of the following services for compensation:
(A) Cuts, braids, or dresses the hair;
(B) Gives facial or scalp massage or facial and scalp treatment with oils or creams and other preparations made for this purpose, either by hand or mechanical appliance;
(C) Singes and shampoos the hair, dyes the hair, or does permanent waving of the hair;
(D) Braids the hair by hairweaving; interlocking; twisting; plaiting; wrapping by hand, chemical or mechanical devices; or using any natural or synthetic fiber for extensions to the hair;
(D)(E) Performs nail care, pedicure, or manicuring services as defined in paragraph (6) of this Code section; or
(E)(F) Performs the services of an esthetician as defined in paragraph (5) of this Code section.
Such person shall be considered as practicing the occupation of a cosmetologist within the meaning of this Code section.
(5) 'Esthetician' or 'esthetics operator' means a person who, for compensation, engages in any one or a combination of the following practices, esthetics, or cosmetic skin care:
(A) Massaging the face or neck of a person;
(B) Trimming eyebrows;
(C) Dyeing eyelashes or eyebrows; or
(D) Waxing, stimulating, cleansing, or beautifying the face, neck, arms, or legs of a person by any method with the aid of the hands or any mechanical or electrical apparatus or by the use of a cosmetic preparation.
Such practices of esthetics shall not include the diagnosis, treatment, or therapy of any dermatological condition.
(7)(6) 'Master cosmetologist' means a cosmetologist who is possessed of the requisite skill and knowledge to perform properly all the services mentioned in paragraph (4) of this Code section for compensation.
(6)(7) 'Manicurist Nail technician' means a person who, for compensation, trims, files, shapes, decorates, applies sculptured or otherwise artificial nails, or in any way cares for the nails of another person.
(8) 'School of cosmetology' means any establishment that receives compensation for training more than one person in the occupation of cosmetology as defined in paragraph (4) of this Code section. Technical institutes whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of cosmetology' within the meaning of this chapter.

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(9) 'School of esthetics' means any establishment that receives compensation for training more than one person in the occupation of esthetics as defined in paragraph (5) of this Code section. Technical institutes whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of esthetics' within the meaning of this chapter.
(10) 'School of nail care' means any establishment that receives compensation for training more than one person in the occupation of nail care or manicuring as defined in paragraph (6) of this Code section. Technical institutes whose programs have been approved by the Department of Technical and Adult Education or the Department of Education are not 'schools of nail care' within the meaning of this chapter.
43-10-2.
(a) There is created the State Board of Cosmetology. The board shall consist of eight members who shall be residents of this state. The board shall have the duty of carrying out and enforcing this chapter.
(b) Members of the board shall be at least 25 years of age and be high school graduates; and five of such members must have had at least five years of practical experience in the practice of cosmetology at the master level, a portion of which must have been as a beauty salon owner or manager. One member of the board must have had at least five years of practical experience in the practice of cosmetology at the esthetician level. One member of the board must have had at least five years of practical experience as a manicurist.
(c) The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties of the board.
(d) No member of the board shall be affiliated with any school of cosmetology. One member shall not have any connection with the practice or business of cosmetology whatsoever, but he or she shall have a recognized interest in consumer affairs and in consumer protection concerns. No member of the board shall be affiliated or connected in any manner with any manufacturer or wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office.
(e) Board members shall be appointed by the Governor for a term of three years and until their successors are appointed and qualified. Vacancies shall be filled by the Governor for the unexpired portion of the term. The board may do all things necessary for carrying this chapter into effect and may, from time to time, promulgate necessary rules and regulations compatible with this chapter. The Governor may remove any board member for cause as provided in Code Section 43-1-17.
(f) Each year the members shall elect a chairman from among themselves. In the event the members cannot agree as to who shall be chairman, the Governor shall appoint one of such members as chairman. The chairman so elected or appointed shall be eligible to succeed himself or herself. The members of the board shall be considered public officers and shall take the oath required thereof.
(g) The board shall adopt a seal to be used to authenticate all its official papers and acts and shall have power to subpoena witnesses, administer oaths, and hear and take testimony in any matter over which it may have jurisdiction.
43-10-3.
Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
43-10-4.
Reserved.
43-10-5.

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The joint-secretary shall keep a record of all proceedings of the board. Such records shall be prima-facie evidence of all matters required to be kept therein, and certified copies of the same or parts thereof shall be primary evidence of their contents. All such copies, other documents, or certificates lawfully issued upon the authority of the board shall, when authenticated under the seal of the board, be admitted in any investigation in any court or elsewhere without further proof.
43-10-6.
(a) The board is authorized to adopt reasonable rules and regulations prescribing the sanitary requirements of beauty shops, beauty salons, schools of cosmetology, schools of esthetics, and schools of nail care, subject to the approval of the Department of Human Resources, to cause the rules and regulations or any subsequent revisions to be in suitable form, and to transmit a copy thereof to the proprietor of each beauty shop, beauty salon, school of cosmetology, school of esthetics, or school of nail care. It shall be the duty of every proprietor or person operating a beauty shop, salon, school of cosmetology, school of esthetics, and school of nail care in this state to keep a copy of such rules and regulations posted in a conspicuous place in his or her business, so as to be easily read by his or her customers.
(b) The board is authorized to adopt reasonable rules and regulations requiring that persons licensed under this chapter undergo instruction on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome.
(b)(c) Any inspector employed by the joint-secretary shall have the power to enter and make reasonable examination of any beauty shop, salon, and school in the state during business hours for the purpose of enforcing the rules and regulations of the board and for the purpose of ascertaining the sanitary conditions thereof.
(c)(d) Any beauty shop, salon, or school in which tools, appliances, and furnishings used therein are kept in an unclean and unsanitary condition so as to endanger health is declared to be a public nuisance.
43-10-7.
It shall be the duty of the board to issue through the joint-secretary those certificates of registration for which provision is made in this chapter.
43-10-8.
(a) It shall be unlawful for any person to pursue the occupation of cosmetology in this state unless he or she has first completed the required hours for and obtained the appropriate certificate of registration as provided in this chapter.
(b) It shall be unlawful for any person to hold himself or herself out as a master cosmetologist without having first obtained the certificate of registration for such. Such person shall be authorized to perform all the services mentioned in paragraph (4) of Code Section 43-10-1. Nothing in this chapter shall prohibit any person who holds a valid master cosmetologist license in this state on March 29, 1983, from practicing at the master cosmetologist level as defined in paragraph (4) of Code Section 43-10-1.
(c) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic skin care services shall be allowed to obtain a certificate of registration at the esthetician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (5) of Code Section 43-10-1.
(d)(1) Notwithstanding any other provisions of this chapter, any person desiring to perform solely cosmetic nail care services shall be allowed to obtain a certificate of registration at the manicurist nail technician level upon completing the required hours therefor, which certifies that the holder thereof shall be authorized to perform some or all of the services mentioned in paragraph (6) of Code Section 43-10-1.
(2) Notwithstanding any other provisions of this chapter, any person who has actively engaged in the practice of cosmetology, esthetics, or nail care on a military installation in Georgia for three years prior to July 1, 1985, shall be

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eligible to receive a certificate of registration at the cosmetology, esthetics, or nail care level upon proper proof of experience, application, and appropriate fee being submitted to the board on or before September 1, 1985.
(e) It shall also be unlawful for any person or persons to operate a beauty shop, beauty salon, school of cosmetology, school of esthetics, or school of nail care without first having obtained a certificate of registration for such shop, salon, or school as provided in this chapter. Any beauty shop, salon, or school shall register with the joint-secretary of the state examining boards prior to opening.
(f) This chapter shall have uniform application throughout the state so that no cosmetologist, beauty shop, school of cosmetology, school of esthetics, or school of nail care shall be exempt from regulation.
43-10-9.
(a) Any person desiring to obtain a certificate of registration to enable him or her to engage in the occupation of cosmetology shall make application through the joint-secretary to the board and shall present proof that he or she has completed the ninth grade of school instruction or its substantial equivalent obtained a high school diploma, a general educational diploma (GED), or passed a nationally recognized test. If, after review of the application, it is determined that the applicant is at least 17 years of age and has met the minimum educational requirements; is of good moral character; has completed a 1500 1,500 credit hour study course with a minimum of nine months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 3000 3,300 credit hours; has practiced or studied the occupation of cosmetology; is possessed of the requisite skill in such occupation to perform properly all the duties of the occupation, including his or her ability in the preparation of tools, in performing the services mentioned in paragraph (4) of Code Section 43-10-1 and in all the duties and services incident thereto; shall pay to the joint-secretary an examination fee in such amount as shall be set by the board by regulation; and shall present himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination and shall pass the examination, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of master cosmetologist.
(b) Should an applicant under this Code section fail to pass such an examination, the board shall furnish him or her a statement in writing, stating wherein the applicant was deficient. Nothing in this chapter shall be construed to prevent applicants from making subsequent applications to qualify under this Code section, provided they again pay the required examination fee.
(c) An approved applicant for examination under this Code section may be issued a work permit authorizing said applicant to practice such occupation until the release of the results of the examination for which the applicant is scheduled. If the applicant fails to appear for the examination or fails any portion of the examination, the work permit shall be revoked unless the applicant provides just cause to the board as to why the applicant was unable to appear for the examination.
(d) Should an applicant have a current cosmetology license in force from another state or country, or territory of the United States, or the District of Columbia, where similar reciprocity is extended to this state and licensure requirements are substantially equal to those in this state, and have paid to the joint-secretary a fee in such amount as shall be set by the board by regulation, the applicant may be issued, without examination, a certificate of registration at the appropriate level, entitling him or her to practice the occupation of cosmetology or the teaching of cosmetology at that level, unless the board, in its discretion, sees fit to require examination subject to the terms and provisions of this chapter.
(e) Any person desiring to obtain a certificate of registration at the esthetician level under the terms of this chapter shall make application through the joint-secretary to the board and shall present proof that he or she has completed the ninth twelfth grade of school instruction or its substantial equivalent. If, after review of the application, it is determined that the applicant is at least 17 years of age and has met the minimum educational requirements; is of good moral character; has completed a 750 1,000 credit hour study course within a nine-month period at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 1500 2,000 credit hours; has practiced or studied cosmetic skin care as defined in paragraph (5) of Code Section 43-10-1; is possessed of the requisite skill to perform properly these services; shall pay to the joint-secretary an examination fee in such amount as shall be set by the board by regulation; and shall present himself or herself at the next meeting of

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the board for examination of applicants at which such person is scheduled for examination and shall pass the examination, a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of cosmetology at the esthetician level.
(f) Any person desiring to obtain a certificate of registration at the manicurist nail technician level under the terms of this chapter shall make application through the joint-secretary to the board and shall present proof that he or her has completed the ninth twelfth grade of school instruction or its substantial equivalent. If, after review of the application, it is determined that the applicant is at least 17 years of age and has met the minimum educational requirements, is of good moral character, has completed a 320 525 credit hour study course with a minimum of four months at a board approved school or has served as an apprentice in a beauty shop or beauty salon for a period of at least 640 1,050 credit hours, has practiced or studied nail care, is possessed of the requisite skill to perform properly these services, and the applicant pays to the joint-secretary an examination fee in such amount as shall be set by the board by regulation, presents himself or herself at the next meeting of the board held for examination of applicants at which such person is scheduled for examination, and passes the examination, then a certificate of registration shall be issued to him or her entitling him or her to practice the occupation of cosmetology at the manicurist nail technician level.
(g) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology, at the master level, the esthetician level, or the manicurist nail technician level if such person obtains his or her credit hour study at a State Board of Education approved school or a technical institute under the jurisdiction of the Department of Technical and Adult Education or the Department of Education rather than at a board approved school.
(h) A person licensed to practice barbering under Chapter 7 of this title shall be eligible to take the master cosmetologist examination provided for in this Code section if that person completes a board approved 300 250 hour prescribed course in an approved cosmetology school, submits a completed application, and pays the proper fees established by the board.
43-10-10.
The holder of any certificate of registration issued under Code Section 43-10-9 shall display the same in a conspicuous place in his or her shop or place of business. Certificates of registration issued under Code Section 4310-9 shall be renewable biennially. The holder shall pay to the joint-secretary a renewal fee in such amount as shall be set by the board by regulation and shall provide proof of completion of 10 hours of board approved continuing education since the date of issuance of the applicant's original or latest renewal license; provided, however, that the board may waive the requirement of payment and continuing education for any applicant having held a license in excess of 30 years where such applicant is elderly, inactive, or subject to hardships which in the judgment of the board justify a waiver. Upon failure to renew such certificate of registration, it shall stand automatically revoked; and the holder shall be disqualified from practicing the occupation of cosmetology under this chapter until all fees to date of application for reinstatement shall be paid and an application for reinstatement submitted along with a reinstatement fee in such amount as shall be set by the board by regulation. If the board is satisfied that the applicant for reinstatement meets all the qualifications set forth in this Code section and Code Section 43-10-9, the applicant shall be issued a new certificate of registration.
43-10-11.
All beauty shops, salons, schools of cosmetology, schools of esthetics, and schools of nail care shall be registered with the joint-secretary by the owner or manager. Such registration shall be made by the filing of an application on forms furnished by the joint-secretary; shall include the name and location of the beauty shop, salon, or school, the name and address of the owner, and the names and addresses of all instructors of the shop, salon, or school at the time of registration; and shall be accompanied by a registration fee in such amount as shall be set by the board by regulation. The board is authorized and directed to issue a certificate of registration to each shop, salon, or school so registering and paying such fee, which certificate shall be displayed in a conspicuous place in the registered shop, salon, or school.
43-10-12.

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(a)(1) All schools of cosmetology, schools of esthetics, or schools of nail care shall:
(A) Cause to be registered with the board, at the time of opening, 15 bona fide students;
(B) Have not less than one instructor for every 20 students or a fraction thereof; and
(C) Keep permanently displayed a sign reading 'School of Cosmetology,' 'School of Esthetics,' or 'School of Nail Care,' as the case may be; and all such signs shall also display the words 'Service by Students Only.' Where service is rendered by a student, no commissions or premiums shall be paid to such student for work done in the schools; nor shall any person be employed by the schools to render professional service to the public.
(2) All schools of cosmetology, schools of esthetics, and schools of nail care are required to keep in a conspicuous place in such schools a copy of the rules and regulations adopted by the board.
(3) All cosmetologists who take an apprentice pursuant to Code Section 43-10-14 shall file immediately with the board through the joint-secretary the name and age of such apprentice; and the board shall cause such information to be entered on a register kept by the joint-secretary for that purpose.
(b) Any person desiring to operate or conduct a school of cosmetology, school of esthetics, or school of nail care prior to opening shall first secure from the board a permit to do so and shall keep the permit prominently displayed in the school.
(c) The board shall have the right to pass upon the qualifications, appointments, courses of study, and hours of study in the school of cosmetology, school of esthetics, or school of nail care, provided that:
(1) All schools of cosmetology shall be required to teach the following courses: theory, permanent and cold waving, hair coloring and bleaching, hair and scalp treatments, hair and scalp conditioning, hair cutting and shaping, hairdressing, shampooing, styling, comb out, charm, reception, desk work, art and laboratory, facials, makeup and arching, skin care, nail care, state law, state rules and regulations, and any other subjects related to cosmetology and sanitation;
(2) All schools of esthetics shall be required to teach the following courses: theory, skin care, facials, makeup and arching, charm, reception, desk work, art and laboratory, massaging the face or neck, trimming eyebrows, dyeing, waxing, stimulating, cleansing, or beautifying, state law, state rules and regulations, and any other subjects related to esthetics and sanitation; and
(3) All schools of nail care shall be required to teach the following courses: theory, trimming, filing, shaping, decorating, sculpturing and artificial nails, nail care, charm, reception, desk work, art and laboratory, state law, state rules and regulations, and any other subjects related to nail care and sanitation.
(d)(1) The board shall have the right to suspend or revoke the certificate, permit, or license of or to reprimand any such school of cosmetology, school of esthetics, or school of nail care, or instructor or teacher therein, for the violation of this chapter.
(2) The board shall have the same power and authority as to sanitary conditions over schools as it has over beauty shops and beauty salons.
(e)(1) All teachers or instructors shall devote their entire time to instruction of students. Any person desiring to teach or instruct in any school of cosmetology, school of esthetics, or school of nail care shall first file his or her application with the joint-secretary for a license therefor and shall pay an examination fee in such amount as shall be set by the board by regulation. A person desiring to teach at the master level shall satisfy the board that he or she holds a current cosmetology license at the master level and a diploma or certificate of 1,500 1,650 credit hours from a board approved school or a program approved by the Department of Technical and Adult Education or Department of Education, is a high school graduate, has 18 months' work experience in a beauty salon, and has one year's instructor training in a registered school of cosmetology or a technical school under the jurisdiction of the

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Department of Technical and Adult Education or Department of Education. A person holding a current cosmetology license at the master level who has completed the required board approved hours of continuing education and has board approved experience in education shall be permitted to take the examination to become an instructor. A person desiring to teach at the esthetician level shall satisfy the board that he or she holds a current cosmetology license at the esthetician or master level and a diploma or certificate of at least 750 1,000 credit hours from a board approved school or a program approved by the Department of Technical and Adult Education or Department of Education, is a high school graduate, has 18 months' work experience in a beauty salon, and has nine months' instructor training in a registered school of esthetics, school of cosmetology, or a technical school under the jurisdiction of the Department of Technical and Adult Education or Department of Education. A person desiring to teach at the manicurist nail technician level shall satisfy the board that he or she holds a current cosmetology license at the manicurist nail technician or master level and a diploma or certificate of at least 320 525 credit hours from a board approved school or a program approved by the Department of Technical and Adult Education or Department of Education, is a high school graduate or has passed a nationally recognized test, has 18 months' work experience in a beauty salon, and has six months' instructor training in a registered school of nail care, school of cosmetology, or a technical school under the jurisdiction of the Department of Technical and Adult Education or Department of Education. Such person shall also pass an examination at the appropriate level of instruction satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology at the appropriate level. Any person who has actively engaged in the practice of esthetics or nail care for five years prior to July 1, 1985, shall be able to stand for examination to be licensed to teach at the appropriate level without meeting the credit hour and instructor training requirements, provided that such person holds a current license at the esthetician, manicurist nail technician, or master level, is a high school graduate or its equivalent, submits proper application and proof satisfactory to the board, and has paid or pays the required fees prior to November 1, 1985.
(2) Any teacher or instructor shall renew his or her license to teach cosmetology biennially by remitting with his or her application a renewal fee in such amount as shall be set by the board by regulation; provided, however, any teacher or instructor who fails to renew his or her certificate of registration to practice as a cosmetologist on or before the date established by the board by regulation shall automatically have his or her license to teach or instruct revoked. A person failing to renew his or her teacher's license within two years after expiration shall be required to qualify under this chapter for an examination for a teacher's license.
(3) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration as teacher or instructor who is certified by the Department of Education to teach cosmetology in the state public schools. The certification is limited to those persons who hold a current cosmetology license at the master level and also hold a diploma or certificate of 1500 1,650 credit hours from a board approved school and have completed the three-year teachers training program required by the Department of Education. Such persons shall also pass an examination satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology.
(f) All teachers or instructors of cosmetology at all levels seeking renewal of licenses are required to submit to the board proof of completion of ten 15 hours of continuing education in the cosmetology profession approved by the board at least half of which consists of instruction in teaching methods.
43-10-13.
(a) The board shall have the right to set a course of study for all students of the schools of cosmetology, schools of esthetics, and schools of nail care within this state.
(b) Before a student shall be eligible to take the examination provided for in Code Section 43-10-9, he or she shall first file with his or her application for examination a transcript showing the number of hours and courses completed from the school or shop attended by the student.
43-10-14.
Nothing in this chapter shall prohibit any person at least 16 17 years of age from learning the occupation of cosmetology under a master cosmetologist, provided that such cosmetologist has had at least 36 months' experience and has held a license of a master cosmetologist for at least 36 months. In addition, nothing in this chapter shall prohibit any person at least 16 17 years of age from learning the occupation of cosmetology under an instructor in a

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school of cosmetology who has been a cosmetologist for a period of at least 18 months and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 16 17 years of age from learning the occupation of esthetics under a cosmetologist holding a master cosmetologist certificate or an esthetician certificate, provided that such cosmetologist has had at least 36 months' experience, or under an instructor in a school of cosmetology or school of esthetics who has been a licensed cosmetologist for a period of at least 18 months, is qualified to teach said practices, and has registered under this chapter. Nothing in this chapter shall prohibit any person at least 16 17 years of age from learning the occupation of nail care or manicuring under a cosmetologist holding a master cosmetologist certificate or a manicurist nail technician certificate, provided that such cosmetologist has had at least 36 months' experience, or under an instructor in a school of cosmetology or school of nail care who has been a licensed cosmetologist for a period of at least 18 months, is qualified to teach said practices, and has registered under this chapter. Any person registered as an apprentice under this Code section on June 30, 1997, shall be eligible to continue such apprenticeship under the person from whom that apprentice was learning the occupation of cosmetology, esthetics, or nail care or manicuring at the time of registration notwithstanding that the person under whom the apprentice was learning such occupation does not meet the 36 months months' experience otherwise required by this Code section. Every shop owner shall have the responsibility for registering apprentices with the joint-secretary. The shop owner shall file a statement in writing, showing the apprentice's name and the address of the shop. The board shall have the authority to require the shop owner to furnish to the board the number of hours completed by the apprentice. The shop owner shall remit to the joint-secretary a fee in such amount as shall be set by the board by regulation for the registration of the apprentice. The apprentice shall receive a certificate of registration showing the capacity in which he or she is permitted to practice cosmetology. The certificate of registration shall be effective for a period of two years and may be renewed at the end of such period upon the filing of an application on forms furnished by the joint-secretary and the payment of a renewal fee in such amount as shall be set by the board by regulation. A certificate of registration authorizing a person to learn the occupation of cosmetology under a cosmetologist shall not be renewed more than one time; and, upon the expiration of the last certificate of registration issued, such person shall not be permitted to practice in any capacity.
43-10-15.
(a) The board, acting upon its own knowledge or written or verified complaint filed by any person, shall have the power to reprimand or power to suspend, revoke, or cancel the certificate of registration of or refuse to grant, renew, or restore a certificate of registration to a holder of any certificate of registration issued pursuant to this chapter upon proof of any one of the following grounds:
(1) Willfully committing any false, fraudulent, or deceitful act or using any forged, false, or fraudulent document in connection with any requirement of this chapter or the rules and regulations of the board;
(2) Willfully failing at any time to comply with the requirements for a certificate of registration under this chapter;
(3) Practicing cosmetology under a false or assumed name;
(4) Willfully permitting an unlicensed person to practice, learn, or teach cosmetology;
(5) Knowingly performing an act which in any way assists an unlicensed person to practice, learn, or teach cosmetology; or
(6) Violating, directly or indirectly, or assisting in the violation of this chapter or any rule or regulation of the board.
(b) The board may impose a fine not to exceed $500.00 for each violation of any provision of subsection (a) of this Code section. Such fines shall be listed in a schedule contained in the rules and regulations of the board. The licensee shall pay the fine within 30 days after receiving written notification from either the board or a representative of the board unless the licensee requests in writing a hearing before the board. Such request for a hearing must be received by the board within 30 days after receipt of the written notification from the board. Failure either to pay the fine or request a hearing shall result in immediate suspension of the license pending a hearing to determine whether revocation or other disciplinary action should be imposed on the licensee.

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(c) The board, for good cause shown and under such conditions as it may prescribe, may restore a certificate of registration to any person, beauty shop or beauty salon, or school or college of cosmetology whose certificate of registration has been suspended, revoked, or canceled.
(d) Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall apply to any proceeding under this Code section.
43-10-16.
The board may bring an action to enjoin any person, firm, or corporation from engaging in the occupation of cosmetology if such person, firm, or corporation, without being licensed or registered to do so by the board, engages in or practices the occupation of cosmetology. The action shall be brought in the county in which such person resides or, in the case of a firm or corporation, where the firm or corporation maintains its principal office; and, unless it appears that such person, firm, or corporation so engaging or practicing cosmetology is licensed or registered, the injunction shall be issued, and such person, firm, or corporation shall be perpetually enjoined from engaging in such activities throughout the state. It shall not be necessary in order to obtain the equitable relief provided in this Code section for the board to allege and prove that there is no adequate remedy at law. It is declared that the unlicensed activities referred to in this Code section are a menace and a nuisance dangerous to the public health, safety, and welfare.
43-10-17.
Notwithstanding any other provision of this chapter, a beauty shop or salon shall be authorized to employ persons to wash and shampoo hair, and such persons shall not be required to be registered by the board.
43-10-18.
(a) Nothing contained in this chapter nor any rule or regulation adopted in implementation hereof shall be construed to prohibit any person from operating a beauty shop within his or her home or residence, provided that such shop meets and complies with all of the provisions of this chapter and the rules and regulations promulgated by the board.
(b) It shall not be necessary for any person operating a beauty shop in a private home to post a sign denoting same to be a beauty shop unless the person elects to do so.
43-10-18.1.
A beauty shop or salon licensed under this chapter shall be authorized to employ a barber licensed under Chapter 7 of this title. A beauty shop or salon employing such a barber shall not be subject to the licensure provisions of Chapter 7 of this title.
43-10-18.2.
Notwithstanding any other provision of this chapter, premises made available for a beauty shop within a facility licensed as a nursing home pursuant to Article 1 of Chapter 7 of Title 31 shall not be required to be licensed or registered as a beauty shop under this chapter, or otherwise be subject to any provisions of this chapter except for inspections, investigations, or both, for alleged violations of this chapter by any person licensed under this chapter, if cosmetologist services in such premises are rendered only to residents of the nursing home.
43-10-18.3.
(a) Notwithstanding any other provision of this chapter, cosmetology services may be performed by a licensed cosmetologist in a client's residence, a nursing home, or a hospital when the client for reasons of ill health, infirmity, or other physical disability is unable to go to the licensed beauty shop or salon for regular cosmetology services.
(b) The board is authorized to adopt reasonable rules and regulations prescribing requirements and conditions for the performance of the services authorized in subsection (a) of this Code section.

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43-10-19.

(a) If any person not lawfully entitled to a certificate of registration under this chapter shall practice the occupation of a cosmetologist; or if any such person shall endeavor to learn the trade of a cosmetologist by practicing the same under the instructions of a cosmetologist or other person, other than as provided in this chapter; or if any such person shall instruct or attempt to instruct any person in such trade; or if any proprietor of or person in control of or operating any beauty shop, school of cosmetology, school of esthetics, or school of nail care shall knowingly employ for the purpose of practicing such occupation any cosmetologist not registered under this chapter; or if any person, beauty shop, salon, or school shall engage in any of the acts covered in this chapter though not registered under the provisions of this chapter; or if any person shall falsely or fraudulently pretend to be qualified under this chapter to practice or learn such trade or occupation; or if any person shall violate any provision of the chapter for which a penalty is not specifically provided, he or she shall be guilty of a misdemeanor.

(b) Any person who operates or manages a beauty shop, salon, or school that employs a person who does not possess a license as provided in this chapter shall be guilty of a misdemeanor.

43-10-20.

Repealed."

SECTION 2.

This Act shall become effective on July 1, 2000.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

Senator Thomas of the 10th moved that the Senate agree to the House substitute to SB 95.

On the motion, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen
Broun Brown Y Brush Y Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey Y Golden Y Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp Y Ladd N Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

Price,R Y Price,T Y Ragan N Ray
Scott Y Smith Y Starr N Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 41, nays 10; the motion prevailed, and the Senate agreed to the House substitute to SB 95.

Wednesday, March 22, 2000

2279

Senator Starr of the 44th, President Pro Tempore, assumed the Chair.

The following bill was taken up to consider the Conference Committee report #2 thereto:

SB 30.

By Senators James of the 35th and Butler of the 55th:

A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.

The Conference Committee report was as follows:

The Committee of Conference on SB 30 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 30 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator James of the 35th /s/ Senator Madden of the 47th /s/ Senator Brown of the 26th

/s/ Representative Holmes of the 53rd /s/ Representative Jackson of the 148th /s/ Representative Powell of the 23rd

A BILL
To entitled an Act to provide for various matters relating to public health, county boards of health, and the Department of Human Resources; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for evaluations of the suitability of sites for on-site sewage management systems by certain persons who are registered with the Department of Human Resources and by soil and water conservation technicians and provide for the effect of such evaluations; to provide for exceptions; to provide for the direction and supervision of certain persons employed by a county board of health by the district director of environmental health of the Division of Public Health of the Department of Human Resources; to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools; to provide for suction hazard reduction; to provide for the inspection of apartment complex pools and of the issuance of certain reports; to provide for the applicability of said provisions; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for the adoption, amendment, or repeal of rules and other matters relating to rules, so as to provide that the legislative override provisions of said Code section shall apply to all rules of the Department of Human Resources relating to swimming pools and on-site sewage management systems, including interpretive rules and general statements of policy, and provide for the assignment of such rules to the chairpersons of certain committees; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in its entirety subsection (b) of Code Section 31-3-5, relating to the functions of county boards of health, and inserting in lieu thereof a new subsection (b) and by adding at the end thereof a new subsection (d) to read, respectively, as follows:

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"(b) Each county board of health shall have the power and duty to adopt regulations providing standards and requirements governing the installation of on-site sewage management systems within the incorporated and unincorporated area of the county, subject to the provisions of Code Section 31-2-7, and any rules and regulations promulgated under such Code section Code Section 31-2-7, and subsection (d) of this Code section. Such regulations shall include and be limited to the following:
(1) Specifying the locations within the incorporated and unincorporated area of the county where on-site sewage management systems may be installed;
(2) Specifying the minimum lot size or land area which may be served by an on-site sewage management system based on scientific data regarding on-site sewage management systems;
(3) Specifying the types of residences, buildings, or facilities which may be served by on-site sewage management systems;
(4) Issuing permits for the installation of on-site sewage management systems prior to such installation;
(5) Inspecting on-site sewage management system installations prior to the completion of the installation; and
(6) Providing for on-going ongoing maintenance of such systems , except for nonmechanical residential sewage management systems ."
"(d)(1) As used in this subsection, the term:
(A) 'Soil classifier' means a person who holds at least a bachelor of science degree from an accredited college or university with a major in agronomy, soil science, or related field and has such other qualifications as may be specified by the department by rule.
(B) 'Soil and water conservation technician' means a person employed as a soil and water conservation technician by a soil and water conservation district provided for in Article 2 of Chapter 6 of Title 2.
(2) Any person may qualify as a soil classifier, who holds a valid certificate of registration as a registered geologist issued pursuant to Chapter 19 of Title 43, or who holds a valid certificate of registration as a professional engineer issued pursuant to Chapter 15 of Title 43 and is practicing within his or her area of engineering competency may register with the Department of Human Resources to conduct investigations of the suitability of a site within the state for an on-site sewage management system. Upon the submission of an evaluation of the suitability of a site within the state for an on-site sewage management system by such a person who is registered with the department or by a soil and water conservation technician, the county board of health shall be required to accept the evaluation unless such evaluation is found by the county board of health to be deficient or questionable. If the county board of health finds such evaluation to be deficient or questionable, the board shall, within three working days of making such finding, issue a written determination stating all deficiencies and all measures needed to correct the deficiencies. A copy of this determination shall be provided to the state director of environmental health. Level four soils evaluations submitted to a county board of health under the provisions of this subsection will be accepted."
SECTION 2.
Said title is further amended by designating the existing language in Code Section 31-3-11, relating to the appointment of a director and staff of county boards of health, as subsection (a) of said Code section and by adding at the end thereof a new subsection (b) to read as follows:
"(b) Each employee of a county board of health whose duties include enforcing those environmental health laws of this state or environmental health regulations of that board of health relating to septic tanks or individual sewage management systems shall be subject to the direction and supervision of the district director of environmental health, although the hiring and termination from employment of such employee shall be subject to the director of that county board of health. The employment activities of such employee with regard to environmental health shall be reported to the director of environmental health through the district director of environment health at least quarterly.

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The director of environmental health may recommend to that director of that county board of health personnel actions, including but not limited to termination, which the director of environmental health deems appropriate for such employee's failure or refusal to comply with the direction of the director of environmental health in the carrying out of the environmental health employment duties of such employee. As used in this subsection, the term 'director of environmental health' means the director of environmental health of the Division of Public Health of the Department of Human Resources."
SECTION 3.
Said title is further amended by adding at the end thereof a new Chapter 43 to read as follows:
"CHAPTER 43
31-43-1.
This chapter shall be known and may be cited as 'Michelle's Law.'
31-43-2.
The purpose of this chapter is to protect the public health and safety through the proper design, operation, and maintenance of public swimming pools.
31-43-3.
As used in this chapter, the term 'public swimming pool,' 'swimming pool,' or 'pool' means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, or motel pools and any pool to which access is granted in exchange for payment of a daily fee. This chapter shall not apply to a private pool or hot tub serving a single family dwelling and used only by the residents of the dwelling and their guests. This chapter also shall not apply to apartment complex pools, therapeutic pools used in physical therapy programs operated by medical facilities licensed by the department or operated by a licensed physical therapist nor to therapeutic chambers drained, cleaned, and refilled after each individual use nor to religious ritual baths used solely for religious purposes.
31-43-4.
(a) On or after January 1, 2001, a permit shall be obtained from the county board of health in the county in which a public swimming pool is located prior to construction or continued operation of a public swimming pool. When the ownership of a public swimming pool changes or if the pool is leased by the owner, it shall be the responsibility of the new owner or lessee to secure a permit issued in his or her name.
(b) Unless suspended or revoked, a swimming pool operation permit shall be valid for the period of operation specified in the application, but in no event shall it be valid for more than 12 months.
31-43-5.
A separate application for an operation permit must be submitted for each public swimming pool. The owner or operator shall apply annually to the county board of health for an operator's permit. A form must be obtained from the county board of health to provide:
(1) The owner's name, address, and telephone number;
(2) The operator's name, address, and telephone number;
(3) The street address of the public swimming pool;

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(4) The physical location of the public swimming pool;
(5) The type of public swimming pool;
(6) The construction date, if applicable;
(7) The proposed operating dates;
(8) The type of disinfection; and
(9) The signature of the owner or a designated representative of the owner.
31-43-6.
Construction of public swimming pools and additions and alterations to such pools may start only upon issuance and receipt of a permit pursuant to Code Section 31-43-4 and shall be in compliance with plans and data submitted in accordance with Code Section 31-43-5 and other data approved by the county board of health of the county in which each pool is located.
31-43-7.
A permittee shall notify the county board of health at the time of completion of the construction of a public swimming pool to permit inspection before the pool is placed in operation.
31-43-8.
Each public swimming pool shall be inspected by the county board of health to determine compliance with this chapter and with the rules and regulations adopted by the Department of Human Resources. Pools which open on or after April 1 and which close on or before October 31 shall be inspected at least once during the period of operation. All other pools shall be inspected at least twice a year.
31-43-9.
A permit for a public swimming pool may be suspended or revoked by the county board of health for failure to comply with the provisions of this chapter and the rules and regulations adopted by the Department of Human Resources.
31-43-10.
(a) The Department of Human Resources shall adopt and promulgate rules and regulations concerning the construction and operation of public swimming pools. The Department of Human Resources shall classify public swimming pools on the basis of size, usage, type, or any other appropriate factor and shall adopt requirements for each classification. The rules shall include requirements for:
(1) Submission and review of plans prior to construction;
(2) Application, review, expiration, renewal, and revocation or suspension of an operating permit;
(3) Inspection;
(4) Design and construction including materials, depth and other dimensions, and standards for the abatement of suction hazards; and

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(5) Operation and safety including water source, water quality and testing, fencing, water treatment, chemical storage, toilet and bath facilities, measures to ensure the personal cleanliness of bathers, safety equipment, and sewage and other waste-water disposal.
Public swimming pools constructed or remodeled prior to January 1, 2001, that do not meet specific design and construction requirements of the rules for public swimming pools adopted by the Department of Human Resources shall not be required to comply with design and construction requirements other than requirements related to the abatement of suction hazards. Public swimming pools constructed or remodeled prior to January 1, 2001, shall comply with all other rules for public swimming pools adopted by the Department of Human Resources by January 1, 2003.
(b) No single drain, single-suction outlet public swimming pool shall be allowed to operate unless a protective cover is properly installed.
31-43-11.
Each county board of health and its duly authorized agents are authorized and empowered to enforce compliance with the provisions of this chapter and the rules and regulations relating to public swimming pools adopted and promulgated by the Department of Human Resources and, in connection therewith, to enter upon and inspect the premises of a public swimming pool at any reasonable time and in a reasonable manner.
31-43-12.
Notwithstanding any provision of Code Section 31-43-13 regarding the applicability of this chapter to the contrary, a resident or owner of an apartment complex that is not subject to regulation under this chapter or local ordinance may request that the county board of health inspect a pool at such apartment complex. Upon receipt of such a request, the county board of health shall have the authority to inspect such pool at any reasonable time and in a reasonable manner and issue a report on the condition of such pool.
31-43-13.
The provisions of this chapter shall not apply in any county where local rules and regulations governing public swimming pools are in effect on the effective date of this chapter, in any county that has adopted the provisions of this chapter by ordinance or resolution, or in any county that has adopted an ordinance or resolution establishing minimum standards for public swimming pool operations. Nothing in this chapter shall be construed to limit the authority of a county to adopt an ordinance or resolution regarding public swimming pools that applies to apartment complex pools."
SECTION 4.
Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for the adoption, amendment, or repeal of rules and other matters relating to rules, is amended by adding at the end thereof a new subsection (h) to read as follows:
"(h) The provisions of subsections (e) and (f) of this Code section shall apply to any rule of the Department of Human Resources that is promulgated pursuant to Code Section 31-2-7 or 31-43-10, except that the presiding officer of the Senate is directed to assign the notice of such a rule to the chairperson of the Senate Defense, Science and Technology Committee and the presiding officer of the House of Representatives is directed to assign the notice of such a rule to the chairperson of the House Committee on Industry. As used in this subsection, the term 'rule' shall have the same meaning as provided in paragraph (6) of Code Section 50-13-2 and shall include interpretive rules and general statements of policy, notwithstanding any provision of subsection (a) of this Code section to the contrary."
SECTION 5.
This Act shall become effective January 1, 2001.

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SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.

Senator James of the 35th moved that the Senate adopt the Conference Committee report #2 on SB 30.

On the motion, a roll call was taken, and the vote was as follows:

N Balfour N Blitch Y Bowen Y Broun Y Brown N Brush N Burton Y Butler N Cable N Cagle Y Cheeks N Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey
Golden N Guhl

N Hamrick Y Harbison N Hecht
Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp Y Ladd N Lamutt
Land N Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray
Scott Smith Starr (PRS) N Stephens Y Stokes Y Streat Tanksley Tate N Thomas,D Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the motion, the yeas were 26, nays 21; the motion lost, and the Senate failed to adopt the Second Conference Committee report on SB 30 .
The following bill was taken up to consider House action thereto:
HB 1135. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:
A bill to be entitled an Act to amend Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, so as to change certain provisions regarding preferences to certain economically depressed counties; to repeal conflicting laws; and for other purposes.
The House amendment to the Senate amendment was as follows:
Amend the Senate amendment to HB 1135 by striking lines 2 and 3 in their entirety and inserting the following:
"Amend HB 1135 by adding on line 1 of page 1 between the word 'To' and the word 'amend' the following:
'amend Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint development authorities, so as to provide for an additional membership position upon certain joint authorities; to'.
By adding between lines 8 and 9 on page 1 the following:"
Senator Price of the 28th moved that the Senate disagree to the House amendment to the Senate amendment to HB 1135.

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On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate amendment to HB 1135.

The following bill was taken up to consider House action thereto:

SB 349. By Senators Crotts of the 17th, Harbison of the 15th, Price of the 56th and others:

A bill to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, so as to change the provisions relating to special license plates for military reservists and provide for identifying the branches of the reserve and for retired reservists; to change the provisions relating to proof of eligibility for certain members and retired members of the National Guard; to repeal conflicting laws; and for other purposes.
Senator Crotts of the 17th moved that the Senate adhere to its disagreement to the House amendment and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Harbison of the 15th, Broun of the 46th and Crotts of the 17th.

The following bill was taken up to consider House action thereto:

SB 350. By Senators Walker of the 22nd, Johnson of the 1st and Polak of the 42nd:

A bill to be entitled an Act to amend Chapter 4 of Title 43 of the O.C.G.A., relating to architects, so as to comprehensively revise the law relating to the practice of architecture in this state; to change and add definitions; to create the Georgia State Board of Architects and Interior Designers; to provide for the election of a vice president of such board; to provide for qualifications of applicants who seek to be registered architects; to provide for restrictions on the practice of architecture; to provide for renewals of registration; to provide for the power of the board to revoke registrations; to define what structures need the seal of an architect; to provide for exceptions, enforcement, and penalties; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

A BILL

To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to comprehensively revise the law relating to the practice of architecture in this state; to change and add definitions; to create the Georgia State Board of Architects and Interior Designers; to provide for the election of a vice president of such board; to provide for qualifications of applicants who seek to be registered architects; to provide for restrictions on the practice of architecture; to provide for renewals of registration; to provide for the power of the board to revoke registrations; to define what structures need the seal of an architect; to provide for exceptions, enforcement, and penalties; to change the definition of "utility system" for which a license or certificate issued by the State Construction Industry Licensing Board is required for certain work thereon; to remove a term limitation on persons serving as members of the Georgia Real Estate Appraisers Board; to provide that application materials submitted to such board shall be confidential; to provide for the public availability of certain information regarding real estate appraisers that is maintained by such board; to authorize such board to enter into agreements with similar boards in other states regarding the granting of nonresident appraiser classifications to Georgians who seek to practice in other states and to residents of other states who seek to practice in Georgia; to provide for the granting of nonresident classifications under circumstances where such board determines that another state does not offer nonresident classification to Georgia appraisers based on requirements substantially similar to the law of this state for granting nonresident classification; to provide that initial judicial review of a decision of such board shall be available solely in the superior court of the domicile of the board; to authorize such board to require certain applicants and real estate appraisers who are under investigation by the board to submit fingerprints to the board; to authorize such board to

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obtain records of criminal convictions regarding applicants and appraisers who are under investigation by the board from the Georgia Crime Information Center and the Federal Bureau of Investigation; to amend Chapter 40 of said title, relating to real estate brokers and salespersons, so as to provide for a definition of the term "firm" and amend the definition of the term "person"; to provide that application materials submitted to the Georgia Real Estate Commission shall be confidential; to provide for the public availability of certain information regarding real estate licensees that is maintained by such commission; to provide for the collection of an activation fee from certain firms which have applied for real estate licenses; to provide that initial judicial review of a decision of such commission shall be available solely in the superior court of the domicile of the commission; to authorize such commission to require certain applicants and real estate licensees who are under investigation by the board to submit fingerprints to the commission; to authorize such commission to obtain records of criminal convictions regarding applicants and licensees who are under investigation by the board from the Georgia Crime Information Center and the Federal Bureau of Investigation; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 43 of the Official Code of Georgia Annotated, relating to professions, is amended by striking Article 1 of Chapter 4, relating to general provisions relative to architects, and inserting in lieu thereof a new article to read as follows:
"ARTICLE 1
43-4-1.
As used in this chapter, the term:
(1) 'Architect' means an individual technically and legally qualified to engage in the practice of architecture.
(2) 'Architectural construction contract administration services' shall include at a minimum the following services:
(A) Visiting the construction site on a regular basis to determine that the work is proceeding in accordance with the technical submissions submitted to the building official at the time the building permit was issued; and
(B) Processing shop drawings, samples, and other submissions required of the contractor by the terms of construction contract documents.
(1)(3) 'Board' means the Georgia State Board of Architects and Interior Designers.
(2)(4) 'Building' means any structure consisting of foundation, floors, walls, columns, girders, beams, and roof or a combination of any of these parts, with or without other parts or appurtenances.
(5) 'Building official' shall mean the person appointed by the county, municipality, or other political subdivision of the state having responsibility for the issuance of building permits and the administration and enforcement of the Georgia State Minimum Construction Codes, or a state fire marshal where there is not such local official.

(3)-'Practice of architecture' means the rendering or offering to render services in connection with the design of any building or group of buildings or the design of alterations or additions thereto. Such services shall include consultation, planning, analyses, preliminary studies, designs, drawings and specifications, architectural administration of construction contracts, and any other function in connection with such services.
(6) 'Practice of architecture' means the rendering of or offer to render the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings and the space within and surrounding such buildings, which may have human occupancy or habitation: planning, providing preliminary studies, designs, drawings, specifications and other technical submissions, the architectural administering of

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construction contracts, and coordinating elements of technical submissions prepared by others including, as appropriate and without limitation, consulting engineers, registered interior designers, and landscape architects. As part of the practice of architecture, a registered architect may perform such engineering work as is incidental to his or her work. Nothing in this paragraph shall be construed to prohibit a licensed engineer from coordinating technical submittals related to the practice of engineering.
(7) 'Registered architect' means a person who is technically and legally qualified and currently registered with the board to practice architecture in the State of Georgia.
(8) 'Registered interior designer' means a person who is registered under Article 2 of this chapter as being qualified by education, experience, and examination to use the title 'registered interior designer' in the State of Georgia and as further defined in Code Section 43-4-30. Nothing in this paragraph or in this article shall be construed as prohibiting or restricting the practice or activities of an interior decorator or individual offering interior decorating services, including, but not limited to, selection of surface materials, window treatments, wall coverings, paints, floor coverings, and lighting fixtures.
(9) 'Registration' means the certificate of registration issued by the board.
(10) 'Responsible control' means the amount of control over and detailed knowledge of the content of technical submissions during their preparation as is ordinarily exercised by registered architects applying the required professional standard of care, as defined by rules and regulations adopted by the board.
(11) 'Technical submissions' means designs, drawings, specifications, studies, and other technical reports prepared in the course of practicing architecture.
43-4-2.
There is created the Georgia State Board of Architects and Interior Designers, which shall be composed of seven appointive nine appointed members. Six of the members shall be registered practicing architects who hold a current license in this state and who shall be residents of this state. and the seventh Two members shall be registered interior designers who are residents of this state and who have been interior designers for at least ten years immediately preceding the appointment and who shall have passed an examination approved by the board. One member shall be a resident of this state and shall have no connection whatsoever with the practice or profession of architecture or interior design. The members of the predecessor State Board of Architects including the interior designer members who were formerly only full voting members for purposes of Article 2 of this chapter in office on June 30, 2000, shall be members of the Georgia State Board of Architects and Interior Designers and shall serve out the remainder of their respective terms and until their successors are appointed and qualified. The citizen member who is not a practicing architect or interior designer may vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of architects or interior designers in this state. The Governor shall appoint successors to the present members of the board, as their respective terms of office expire, for a term of office of five years each. The successor members so appointed shall possess the qualifications specified in this Code section and shall be confirmed by the Senate as provided in Code Section 43-1-16. In case a successor is not appointed at the expiration of the term of any member, such member shall hold office until his or her successor has been duly appointed and qualified. Any vacancy occurring in the membership of the board shall be filled by the Governor for the unexpired term, and such member shall be confirmed by the Senate as provided in Code Section 43-1-16.
43-4-3.
The members of the board, before entering upon the discharge of their duties, shall subscribe to and file with the Secretary of State the constitutional oath of officers.
43-4-4.
The board shall elect from its membership a president and a vice president.

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43-4-5.
The joint-secretary shall keep a true record of all proceedings of the board.
43-4-6.
Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.
43-4-7.
The board, or any member designated by the board, may confer with similar boards of other states or attend meetings or conferences for the purpose of obtaining information for the advancement of the profession and standards thereof.
43-4-8.
The board shall be charged with the duty of enforcing this chapter and may incur such expenses as shall be necessary, all of which expenses shall be paid as provided in Chapter 1 of this title.
43-4-9.
The board shall adopt all necessary rules, regulations, and standards of conduct, not inconsistent with this chapter and the Constitution and laws of this state and of the United States, to carry out this chapter and to safeguard life, health, and property.
43-4-10.
(a)-An architect within the meaning of this article is an individual technically and legally qualified to practice architecture and who is authorized under this article to practice architecture.
(b)(a) Except as otherwise provided in this article, no person shall practice architecture in this state or use the title 'architect' or 'registered architect' or any word, letter, figure, or any other device indicating or intending to imply that he or she is an architect without having qualified as required by this article unless he or she holds a current registration as an architect in this state.
(c)(b) No firm, sole proprietorship, partnership, limited liability company, corporation, or other similar organization shall be registered as architects. Firms, sole proprietorships, partnerships, limited liability companies, and corporations may practice architecture, as defined by this article, and perform the services heretofore enumerated common to the practice of architecture, provided that all such work and services are performed under the personal direction responsible control of an architect registered in this state who is a director, in the case of a corporation, or who is a partner, in the case of a partnership, or who is a member, in the case of a limited liability company, or who is an employee with an ownership interest who has been designated in writing as holding a position of authority within the firm which authorizes him or her to direct the architectural services offered by that firm; and provided, further, that the administration of construction contracts shall be under the personal direction responsible control of the such registered architects architect and that such plans, drawings, and specifications shall be prepared under the personal direction responsible control of such registered architects architect and bear their the architect's individual signatures and seals signature and seal. Every firm, partnership, limited liability company, and corporation performing architectural services as described in this article shall submit, as required by the rules of the board, a certification in a form provided by the board in which information shall be fully set forth concerning the firm, partnership, limited liability company, or corporation engaged in the practice of architecture.
43-4-11.
(a) Any person who is at least 21 years of age may apply through the joint-secretary to the board for such examinations as are required for certification under this article if qualified as set forth in subsection (b) of this Code section;, or any person who has been registered as an architect by another jurisdiction may apply for a certificate of

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registration if qualified as set forth in subsection (c) of this Code section. No person shall be eligible for registration as an architect who has been found guilty by the board of to have committed any of the acts set forth in this article for which an architect's certificate might be revoked or suspended unless that individual establishes to the satisfaction of the board that he or she has fully reformed.
(b) The examinations shall be the examinations prepared in accordance with the outline prescribed and graded by the National Council of Architectural Registration Boards (NCARB). The board may obtain advice and assistance in preparing and grading such examinations and the joint-secretary, with approval of the board, may contract with third parties to perform administrative services with respect to the examinations as he deems appropriate. The candidate for examination shall submit to the board satisfactory evidence of one of the following qualifications:
(1) A professional degree in architecture from a school or college approved by the National Architectural Accrediting Board and at least three years of practical experience as the board, by rules and regulations uniformly applied, shall deem appropriate. An advanced degree in architecture from a school or college approved by the National Architectural Accrediting Board may be accepted in lieu of a maximum of one year of the required practical experience; The board may adopt as its rules and regulations those guidelines published from time to time by the National Council of Architectural Registration Boards;
(2) A minimum of ten years' practical experience, including academic training, following completion of high school or the equivalent thereof, as the board, by rules and regulations uniformly applied, shall deem appropriate. An individual who intends to qualify as a candidate for examination under the provisions of this paragraph shall notify the board of such intent in writing prior to July 1, 1985. After July 1, 1985, all candidates for examination shall meet the requirements of paragraph (1) of this subsection; provided, however, that those candidates and only those candidates who have met the requirements of this paragraph shall be admitted as a candidate for examination; or
(3) A bachelor's degree in architectural engineering technology from a school or college in this state approved by the Accrediting Board for Engineering and Technology, or any other bachelor's degree with a substantial concentration in architecture approved by the board from a board approved school or college in this state, and at least six years of practical experience as the board, by regulations uniformly applied, shall deem appropriate. An individual who intends to qualify as a candidate for examination under the provisions of this paragraph shall notify the board of such intent in writing prior to July 1, 2003. After July 1, 2003, all candidates for examination shall meet the requirements of paragraph (1) of this subsection.
(c) The applicant for a certificate of registration shall meet the experience requirements who has met the educational and training requirements set forth in paragraph (1), o r (2), or (3) of subsection (b) of this Code section and who has been registered as an architect by another jurisdiction shall hold a National Council of Architectural Registration Boards' certificate and a certificate of registration in the county, state, or territory of residency such other jurisdiction, both of which shall be current and in good standing. Such application must be accompanied by a council record prepared by the National Council of Architectural Registration Boards and such other evidence as the board may require.
(d) The board may require applicants under subsection (c) of this Code section to appear before the board and to furnish satisfactory to provide such other evidence of as the board may require to demonstrate knowledge of professional practice.
43-4-12.
The filing, recording, and renewal of all examination papers and other evidences of qualification submitted by each applicant shall be filed with the board through the joint-secretary. Except as provided in subsection (k) of Code Section 43-1-2, the joint-secretary shall keep a record, open to public inspection at all reasonable times, of the proceedings of the board relating to the issuance, refusal, renewal, suspension, and revocation of certificates of registration. A certificate of registration as a registered architect shall be valid for two years and shall be renewed biennially as provided by rule of the board. It is unlawful to identify oneself as being able to practice architecture in this state without a current and valid registration in this state. An applicant for a renewal of a certificate of registration shall meet such professional development requirements as the board may require by rule or regulation. Such rule or regulation shall describe professional development activities acceptable to the board and the form of

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documentation of such activities required by the board. The board shall be authorized to waive the professional development requirement in cases of hardship, disability, age, illness, or under such other circumstances as the board deems appropriate. Failure to meet the minimum qualifications for renewal of a license shall be grounds for denial of a renewal application.
43-4-13.
(a) In addition to the authority provided in Code Section 43-1-19, the The board shall have the power to suspend or revoke the certificate of registration or reprimand any registrant who is found guilty of the following by the board to have:
(1) Committed The commission of any fraud, deceit, or misrepresentation in obtaining a certificate of registration;
(2) Committed any gross negligence, incompetence, unprofessional conduct, or recklessness in his or her professional practice;
(3) Permitted Permitting the use of his or her seal by any firm, partnership, limited liability company, or corporation without complying with the provisions of Code Section 43-4-10 as to his or her personal direction and supervision of architectural services performed by such firm, sole proprietorship, partnership, limited liability company, or corporation or the provisions of Code Section 43-4-16;
(4) Been convicted The conviction by any court of record of the United States of any act which would constitute a felony or a crime involving moral turpitude in this state or a plea of nolo contendere or the affording of first offender treatment to any such charge; or
(5) Violated Any violation of this article or any rule, regulation, or standard of conduct promulgated by the board pursuant to the powers conferred upon it by this article.
(b) Prior to revoking or suspending a registrant's certificate, the board shall provide for a hearing into the charges against the registrant. The board shall issue a notice of hearing to the registrant in compliance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' at least ten days prior to the hearing. The hearing will be conducted in accordance with the procedures set forth in Chapter 13 of Title 50 and this article.
(c) The board may reinstate a registration to any person whose registration has been revoked who has met the qualifications for reinstatement. Application for the reissuance of said registration shall be made in such a manner as the board may direct and shall be accompanied by a fee established by the board. Neither the denial of a request for reinstatement of a revoked registration nor the refusal to issue a previously denied registration shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-4-14.
In order to safeguard life and property, no person shall be allowed to practice architecture unless he has the qualifications and competency required by this article. Nothing contained in this article shall prevent draftsmen, students, project representatives, administrators, and other employees of those lawfully practicing as registered architects under this article from acting under the instructions, control, or direction of their employers. No person shall be required to register as an architect in order to make plans and specifications for or supervise the erection, enlargement, or alteration of any building upon any farm for the use of any farmer, or any one-family or two-family residence buildings, regardless of cost, or any domestic out-building appurtenant to any such one-family or twofamily residences regardless of cost, or of any other type building costing less than $100,000.00 (except schools, auditoriums, or other buildings intended for the mass assemblage of people or group housing projects whether they be single, double, or multifamily). Nothing in this article shall be held to prevent registered professional engineers or their employees or subordinates under their responsible supervising control from performing architectural services which are purely incidental to their engineering practice; provided, however, that registered architects or their employees or subordinates under their responsible supervising control may perform engineering services which are purely incidental to their architectural practice. However, no professional engineer shall practice architecture or use

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the designation 'architect' or any term derived therefrom unless registered under this article; and no architect shall practice professional engineering or use the term 'engineer' or any term derived therefrom unless he also is qualified and registered as an engineer as provided by law. Otherwise, any person who is engaged in the planning or design for the erection, enlargement, or alteration of any building or group of buildings for others or furnishing architectural administration of construction contracts thereof shall be deemed to be practicing architecture and be required to register under this article and to secure all renewals of such registration as a condition precedent to his so doing.
(a) In order to safeguard health, safety, and welfare, no person shall be allowed to practice architecture unless he or she has the qualifications and competency required by this article. Any person who is practicing architecture as defined in paragraph (6) of Code Section 43-4-1 shall be required to register under this article and to secure all renewals of such registration before beginning or continuing to practice architecture.
(b) The following structures do not require the seal of a registered architect:
(1) One and two-family residences and domestic outbuildings regardless of cost;
(2) Any building classified as an agricultural occupancy upon any farm for the use of any farmer; any state owned farmer's market;
(3) Any building or structure which is a single story building, not exceeding more than 50 feet in depth, with clear visibility of all exits, except new or existing assembly occupancies, educational occupancies, health care occupancies, correctional or detention facilities, hotels, dormitories or lodging facilities, multifamily housing or apartment complexes, and care facilities;
(4) Preengineered metal buildings and structures classified, with respect to ordinary hazard use, as storage use and not for human habitation and are one story in height; and
(5) Nonload-bearing interior construction in existing or planned office structures which were designed by a registered architect, where drawings and specifications are prepared by a Georgia registered interior designer who also submits to the responsible building official a notarized and signed statement on letterhead from a person in a position of authority within the interior design firm certifying that the plans and specifications as submitted are in full compliance with the current building codes and regulations in effect.
(c) The following persons are exempt from registration as an architect in this state:
(1) A nonresident who holds a license to practice architecture in the state or country in which he or she resides and holds an NCARB certificate, but who is not registered in this state, may offer architectural services in a response to a request for qualifications, an interview, or a design competition only. Any offering or practice beyond this exception shall require registration as an architect in Georgia;
(2) An employee of a registered architect or firm under subsection (b) of Code Section 43-4-10 who is not in charge of design or supervision and who works under the supervision of a registered architect;
(3) An employee of the United States government while working in the scope of his or her employment for the United States government; and
(4) A registered professional engineer or his or her employee or subordinate under his or her responsible supervising control may perform architectural services which are incidental to such engineering practice; provided, however, that no professional engineer shall practice architecture or use the designation 'architect' or any term derived therefrom unless registered under this article.
(d) Nothing in this article shall be construed to prohibit interior designers from performing services authorized by Article 2 of this chapter.
(e) Nothing in this article shall be construed to prohibit a general contractor for construction from offering to perform a design-build contract; provided, however, that such offer shall clearly indicate at the time of such offer

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that all design services shall be performed by a duly licensed and registered architect or engineer in compliance with all other provisions of this chapter.
(f) Nothing in this article shall be construed to mean that predesign services, as defined in Code Section 50-22-7, are required to be performed exclusively by architects.
43-4-15.
Except as provided in Code Section 25-2-14, it shall be the duty of all public officials charged with the responsibility of enforcing codes related to the construction of buildings to require compliance with Code Section 43-4-14 before architectural plans, drawings, and specifications are approved for construction. Except as provided in Code Section 25-2-14, no building subject to Code Section 43-4-14 and requiring the services of an architect shall be built without such approval prior to construction.
43-4-16.
As cumulative of any other remedy or criminal prosecution, whenever it appears to the board that any person, firm, partnership, limited liability company, or corporation is or has been violating any of the provisions of this article, or the lawful rules, regulations, or orders of the board, or any of the laws of this state relating to the practice of architecture, the board, on its own motion, may bring an action in its own name in the superior courts of this state alleging the facts and praying for a temporary restraining order and an injunction against such person, firm, partnership, limited liability company, or corporation, restraining him, her, or it from violating such law, order, rule, or regulation. Upon proof of such facts, the court shall issue a restraining order or injunction, or both, without requiring allegation or proof that the petitioner therefor has no adequate remedy at law.
(a) Every architect registered under this chapter shall have a seal in the design authorized by the board, bearing the registrant's name, certificate number, and the legends 'Registered Architect' and 'State of Georgia.'
(b) Plans, specifications, drawings, reports, or other architectural documents issued for the purpose of obtaining a building permit or for other requirements set forth by law shall be sealed by the architect and across the face of the seal shall be affixed the signature of the owner of the seal. The location of the seal on such documents, the identification of the pages which must be sealed, and the form of any title blocks may be established by the board in its rules and regulations.
(c)(1) No plans, specifications, drawings, reports, or other documents shall be sealed and signed by an architect unless:
(A) The architect has a current registration to practice in this state and is competent in the subject matter of the documents by virtue of education or experience or both; and
(B) The architect personally prepared the plans, specifications, drawings, reports, or other documents, or the plans, specifications, drawings, reports, or other documents were prepared under the architect's responsible control as provided in subsection (b) of Code Section 43-4-10.
(2) The architect has been given full authority in writing by the original architect to make document revisions and has made a substantive review and inspection of the documents with regard to the laws and regulations of this state, and the documents are prototypical drawings. For purposes of this paragraph, prototypical drawings are drawings that may be prepared by an architect licensed in any country or United States jurisdiction, that have been prepared in connection with the design of a commercial chain establishment, and that have been successfully constructed in other states or countries.
(d) The registered architect who signs and seals the plans, specifications, drawings, reports, or other documents shall be considered the architect of record.
(e) No registered architect shall affix his or her seal to any plan, specification, drawing, report, or other document unless he or she has assumed the responsibility for the accuracy and adequacy of the work involved.

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(f) If the registered architect who sealed the technical submissions submitted to the building official at the time the building permit is issued has not been employed to furnish construction administration services, he or she shall so note on such technical submissions in such manner as defined by board rules. If the architect's responsibility for construction contract administration is terminated following the issuance of a building permit, the building official shall be notified by the architect in writing accordingly.
(g) Any violation of this Code section shall be grounds for the suspension or revocation of the registration of the architect.
(h) Nothing in this Code section shall be construed to prohibit a registered architect from sealing drawings or documents prepared by a registered interior designer when such registered architect has reviewed or supervised the preparation of the drawings or documents as provided in Code Section 43-4-33.
(i) Nothing in this Code section shall be construed to prohibit a licensed engineer from sealing engineering drawings and documents as provided in Code Section 43-4-14.
43-4-17.
(a) Any person who uses the title 'architect' or 'registered architect' or uses any word, letters, or figures indicating or intending to imply that the person using the same is an architect or registered architect without compliance with this article, or who makes any willfully false oath or affirmation in any matter or proceeding where an oath or affirmation is required by this article, or who practices architecture without compliance with this article shall be guilty of a misdemeanor.
(b) It shall be the duty of all duly constituted officers of the law of this state, or any political subdivision thereof, to enforce this article and to prosecute any persons violating this article. Upon application of any officer or citizen of this state complaining that this article has been violated by any person and upon proof of such violation, the superior courts of this state are authorized to and shall enjoin further violations of this article. This Code section shall not apply to any inmate in a penal institution in this state, while so confined, where work of the inmate is in the nature of rehabilitation.
43-4-17.1.43-4-18.
(a) Notwithstanding any other provisions of the law to the contrary, upon the board determining that a person is violating the provisions of Code Section 43-4-17, the board may issue a cease and desist order prohibiting such person from further violating such Code section. A determination by the board may be made only after notice to such person is given and a hearing is held.
(b) The board shall be authorized to impose a civil fine not to exceed $500.00 $5,000.00 for each separate violation of a cease and desist order issued under subsection (a) of this Code section upon any person violating such order. For purposes of this subsection, each day a person is in violation of a cease and desist order issued under this Code section shall constitute a separate violation.
(c) Initial judicial review of any decision of the board made pursuant to this Code section or any action for enforcement thereof shall be available solely in the superior court of the county of domicile of the board.
(d) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section.
43-4-19.
As cumulative of any other remedy or criminal prosecution, whenever it appears to the board that any person, firm, sole proprietorship, partnership, limited liability company, or corporation is or has been violating any of the provisions of this article, or the lawful rules, regulations, or orders of the board, or any of the laws of this state relating to the practice of architecture, the board, on its own motion, may bring an action in its own name in the

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superior courts of this state alleging the facts and praying for a temporary restraining order and an injunction against such person, firm, sole proprietorship, partnership, limited liability company, or corporation, restraining him, her, or it from violating such law, order, rule, or regulation. Upon proof of such facts, the court shall issue a restraining order or injunction, or both, without requiring allegation or proof that the petitioner therefor has no adequate remedy at law."
SECTION 2.
Said chapter is further amended by striking Code Section 43-4-31, relating to the administration of the article governing interior designers by the State Board of Architects, and inserting in lieu thereof a new Code section to read as follows:
"43-4-31.
(a) The Georgia State Board of Architects and Interior Designers shall grant certificates and administer the provisions of this article, except that, for the purposes of this article, there shall be two additional members of the board, each of whom shall be appointed by the Governor. The two additional members shall have been interior designers for at least ten years immediately preceding their appointment and shall have passed an examination approved by the board. The Governor shall appoint such additional members for terms of office beginning on July 1, 1992, with one member appointed for an initial term of four years and the other member for an initial term of five years and until their successors are appointed and qualified. Successors shall be appointed for terms of five years and until their successors are appointed and qualified. A vacancy in the office of any such additional member shall be filled by appointment of the Governor for the unexpired term. The appointment of such additional members by the Governor shall be subject to confirmation by the Senate as provided in Code Section 43-1-16.
(b)-The two additional members provided for in subsection (a) of this Code section shall be full voting members of the board only for the purposes of this article.
(c)-The and the board shall keep a registry of registered interior designers."
SECTION 3.
Said title is further amended in Code Section 43-14-2, relating to definitions regarding the State Construction Industry Licensing Board, by striking in its entirety paragraph (17) and inserting in lieu thereof a new paragraph (17) to read as follows:
"(17) 'Utility system' means any system at least five feet underground, when installed or accessed by trenching, open cut, cut and cover, or other similar construction methods which install or access the system from the ground surface, including, but not limited to, gas distribution systems, electrical distribution systems, communication systems, water supply systems, sanitary sewerage and drainage systems, reservoirs and filtration plants, water and waste-water treatment plants, leachate collection and treatment systems associated with landfills, and pump stations, when the system distributes or collects a service, product, or commodity for which a fee or price is paid for said service, product, or commodity or for the disposal of said service, product, or commodity."
SECTION 4.
Said title is further amended in Chapter 39A, relating to real estate appraisers, by striking in its entirety subsection (d) of Code Section 43-39A-3, relating to the membership, qualifications, powers, duties, and compensation of the Georgia Real Estate Appraisers Board, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) 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 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;

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(2) Incompetence; or
(3) Dishonest conduct."
SECTION 5.
Said title is further amended in Code Section 43-39A-7, relating to applications for a real estate appraiser classification, and inserting in lieu thereof a new Code Section 43-39A-7 to read as follows:
"43-39A-7.
(a) Any person desiring to act as a real estate appraiser must file an application for an appraiser classification with the board. The application All original and subsequent applications filed with the board shall be in such form and detail as the board shall prescribe, setting forth the following:
(1) The name and address of the applicant and the name under which the applicant intends to conduct business;
(2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and
(3) Such other information as the board shall require.
(b) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and classified appraisers as part of an application filed with the board, shall be confidential. The board shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: an appraiser's name, classification number and status, business name, business address, business telephone number, type of classification held, and term of classification; the fact that an appraiser has or has not received a disciplinary sanction; and such other information pertaining to the classification of an appraiser or approval of a school, course, or instructor as the board may determine by rule."
SECTION 6.
Said title is further amended in Code Section 43-39A-9, relating to requirements for nonresident applicants and temporary permits for real estate appraiser classifications, by adding at the end thereof new subsections (e) and (f) to read as follows:
"(e) The board in its discretion may enter into written agreements with similar regulatory authorities of other states as may be necessitated by those states' laws to assure for Georgia appraisers nonresident classification opportunities comparable to those afforded to nonresidents by this Code section. Whenever the board determines that another state does not offer nonresident classification to Georgia appraisers with requirements substantially comparable to those afforded to appraisers of that state by this Code section, the board shall require appraisers of such state who apply for nonresident classification to meet education, experience, and examination requirements substantially comparable to those required by that state with respect to Georgia appraisers who seek nonresident classification.
(f) Notwithstanding any other provision of this Code section, the board in its discretion may enter into written agreements with similar regulatory authorities of other states to permit appraisers classified in those states to conduct real property appraisal activities in Georgia without obtaining a classification in Georgia, provided that such other states afford the same opportunities to Georgia appraisers."
SECTION 7.
Said title is further amended in Code Section 43-39A-14, relating to the required conduct of applicants for a real estate appraiser classification and grounds for refusal of a classification, by adding at the end thereof a new subsection (l) to read as follows:

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"(l) Where the board has previously sanctioned any applicant for a classification under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such sanction may in itself be a sufficient ground for refusing the classification."
SECTION 8.
Said title is further amended in Code Section 43-39A-15, relating to hearings regarding real estate appraiser classifications to be conducted in accordance with the "Georgia Administrative Procedure Act," by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the board shall be available solely in the superior court of the county of domicile of the board."
SECTION 9.
Said title is further amended in Code Section 43-39A-21, relating to hearings on imposition of sanctions against real estate appraisers and judicial review, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the board shall be available solely in the superior court of the county of domicile of the board."
SECTION 10.
Said title is further amended in Chapter 39A, relating to real estate appraisers, by adding a new Code Section 4339A-22.1 to read as follows:
"43-39A-22.1.
(a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been brought, or a record of a sentencing to first offender treatment without an adjudication of guilt.
(b) After the board has opened an investigation authorized by Code Section 43-39A-22, the board shall be authorized to obtain conviction data with respect to an applicant or appraiser who is the subject of such investigation. The board may require any applicant or appraiser who is the subject of an investigation conducted pursuant to Code Section 43-39A-22 and who has been convicted of, pled nolo contendere to, or been granted first offender treatment upon being charged with any criminal offense other than a traffic violation or any traffic violation that involved driving under the influence of alcohol or drugs, homicide or feticide by vehicle, fleeing the scene of an accident, attempting to elude a police officer, or impersonating a law enforcement officer to submit to the board two complete sets of classifiable fingerprints of the applicant or appraiser. Upon receipt thereof, the board shall submit both sets of fingerprints to the Georgia Crime Information Center which shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report. The Georgia Crime Information Center shall retain the other set of fingerprints and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the board in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the board shall be used by it for the exclusive purpose of carrying out its responsibilities under this chapter, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in Code Section 43-39A-22."

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SECTION 11.
Said title is further amended in Code Section 43-40-1, relating to definitions regarding real estate brokers and salespersons, by adding a new paragraph (4.4) and by striking in its entirety paragraph (6) and inserting in lieu thereof a new paragraph (6), to read respectively as follows:
"(4.4) 'Firm' means any business entity, including, but not limited to, a corporation, partnership, limited liability company, or sole proprietorship."
"(6) 'Person' means individuals and firms., corporations, limited liability companies, and partnerships."
SECTION 12.
Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by striking in its entirety Code Section 43-40-7, relating to applications for licenses, and inserting in lieu thereof a new Code Section 43-40-7 to read as follows:
"43-40-7.
(a) Any person desiring to act as a real estate licensee must file an application for a license with the commission. The application All original and subsequent applications filed with the commission shall be in such form and detail as the commission shall prescribe, setting forth the following:
(1) The name and address of the applicant or the name under which he or she intends to conduct business and, if the applicant is a partnership or limited liability company, the name and residence address of each member thereof and the name under which the partnership or limited liability company business is to be conducted and, if the applicant is a corporation, the name and address of each of its principal officers;
(2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and
(3) Such other information as the commission shall require.
(b) Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all applications, including supporting documents and other personal information submitted by applicants and licensees as part of an application filed with the commission, shall be confidential. The commission shall deem as public records the following information and shall make such information reasonably available for inspection by the general public: a licensee's name, license number and status, business name, business address, business telephone number, type of license held, and term of license; the fact that a licensee has or has not received a disciplinary sanction; and such other information pertaining to the license of a licensee or approval of a school, course, or instructor as the commission may determine by rule."
SECTION 13.
Said title is further amended in Code Section 43-40-9, relating to requirements regarding nonresident real estate licenses, by striking in its entirety paragraph (4) of subsection (c) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Affiliate with a resident or nonresident broker if the applicant is an individual community association manager, 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 affiliates with another broker licensed by the commission within 30 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership, limited liability company, or corporation firm until said partnership, limited liability company, or corporation firm

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qualifies for a broker's license. A nonresident corporation or limited liability company must obtain from the proper agency and maintain a certificate of authority to transact business in this state;"
SECTION 14.
Said title is further amended in Code Section 43-40-10, relating to the granting of a broker's license, associate broker's license, or salesperson's license to a corporation, limited liability company, or partnership, by striking in its entirety subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) No broker's license shall be granted to a corporation, limited liability company, or partnership firm unless: (1) said corporation, limited liability company, or partnership firm designates an individual licensed as a broker as its qualifying broker who shall be responsible for assuring that the corporation, limited liability company, or partnership firm and its affiliated licensees comply with the provisions of this chapter and its attendant rules and regulations; and (2) said corporation, limited liability company, or partnership firm authorizes its qualifying broker to bind the corporation, limited liability company, or partnership firm to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in which said corporation, limited liability company, or partnership firm may be a named respondent. Violations of this chapter or its rules and regulations by a corporation, limited liability company, or partnership firm licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a corporation, limited liability company, or partnership firm unless every person who acts as a licensee for such corporation, limited liability company, or partnership firm shall hold a real estate license."
SECTION 15.
Said title is further amended in Code Section 43-40-12, relating to fees for real estate licenses, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Prior to the issuance of an original license, each applicant who has passed the examination required by Code Section 43-40-8, each firm which is an applicant for a broker's license, and each corporation, limited liability company, and or partnership which is an applicant for an associate broker license or a salesperson license shall pay an activation fee in advance."
SECTION 16.
Said title is further amended in Code Section 43-40-15, relating to the grant, revocation, or suspension of real estate licenses, by adding at the end thereof a new subsection (m) to read as follows:

"(m) Where the commission has previously sanctioned any applicant for a license under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such sanction may in itself be a sufficient ground for refusing the license."
SECTION 17.
Said title is further amended by striking in its entirety subsection (b) of Code Section 43-40-16, relating to hearings and judicial review regarding nonacceptance of applications for real estate licenses, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50. Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the commission shall be available solely in the superior court of the county of domicile of the commission."
SECTION 18.

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2299

Said title is further amended in Code Section 43-40-19, relating to changes of the place of business of a real estate broker and transfers of salespersons and associate brokers, by striking in its entirety subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(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, limited liability company, or partnership firm."
SECTION 19.
Said title is further amended by striking in its entirety Code Section 43-40-21, relating to violations involving real estate accounts, and inserting in lieu thereof a new Code Section 43-40-21 to read as follows:
"43-40-21.
Whenever it shall appear to the commission from any examination or report provided by the laws of this state that a broker has failed to comply with Code Section 43-40-20 or if any broker or the officers, members, or partners of any corporation firm licensed as a real estate broker shall refuse to submit their books, papers, and affairs to the inspection of any examiner, the commission shall have reason to conclude that the trust account of such broker is in an unsafe or unsound condition; and the commission shall immediately submit a complete report of all information available to it to the Attorney General. An action may be brought by this state to enjoin such broker from engaging in or continuing such violation or doing any act or acts in furtherance thereof. In any such action, an order or judgment may be entered awarding such preliminary or final injunctions as may be deemed proper. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which such action is brought shall have power and jurisdiction to impound and appoint a receiver for the property and business of the defendant, including books, papers, documents, and records pertaining thereto, or as much thereof as the court may deem reasonably necessary to prevent violations of the law or injury to the public through, or by means of, the use of such property and business. Such receiver, when so appointed and qualified, shall have such powers and duties as to custody, collection, administration, winding up, and liquidation of such property and business as shall, from time to time, be conferred upon him such receiver by the court."
SECTION 20.
Said title is further amended in Code Section 43-40-22, relating to the real estate education, research, and recovery fund, by striking in its entirety paragraph (6) of subsection (d) and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) Should the commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a corporation, limited liability company, or partnership firm, the license of the qualifying broker of the corporation, limited liability company, or partnership firm shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such licensee shall be eligible to receive a new license until such licensee has repaid in full, plus interest at the judgment rate in accordance with Code Section 7-4-12, the amount paid from the

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real estate education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection."
SECTION 21.
Said title is further amended in Code Section 43-40-25, relating to violations by real estate licensees, schools, and instructors and sanctions thereon, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Whenever a licensee acts in a real estate transaction as a principal or as an officer, employee, or member of a corporation, limited liability company, or partnership firm or any other entity acting as a principal, the commission may impose any sanction permitted by this chapter if the licensee commits any unfair trade practice enumerated in this Code section or violates any other provision of this chapter or any rules and regulations adopted pursuant to this chapter in such a transaction."
SECTION 22.
Said title is further amended in Code Section 43-40-26, relating to hearings before the Georgia Real Estate Commission and judicial review, by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50. Notwithstanding any provision of subsection (b) of Code Section 50-13-19 to the contrary, initial judicial review of a final decision of the commission shall be available solely in the superior court of the county of domicile of the commission."
SECTION 23.
Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by adding a new Code Section 43-40-27.1 to read as follows:
"43-40-27.1.
(a) As used in this Code section, the term 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been brought, or a record of a sentencing to first offender treatment without an adjudication of guilt.
(b) After the commission has opened an investigation as authorized by Code Section 43-40-27, the commission shall be authorized to obtain conviction data with respect to an applicant or licensee who is the subject of such investigation. The commission may require any applicant or licensee who is the subject of an investigation conducted pursuant to Code Section 43-40-27 and who has been convicted of, pled nolo contendere to, or been granted first offender treatment upon being charged with any criminal offense other than a traffic violation or any traffic violation that involved driving under the influence of alcohol or drugs, homicide or feticide by vehicle, fleeting the scene of an accident, attempting to elude a police officer, or impersonating a law enforcement officer to submit to the commission two complete sets of classifiable fingerprints of the applicant or licensee. Upon receipt thereof, the commission shall submit both sets of fingerprints to the Georgia Crime Information Center which shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report. The Georgia Crime Information Center shall retain the other set of fingerprints and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the commission in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the commission shall be used by it for the exclusive purpose of carrying out its responsibilities under this chapter, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in Code Section 43-40-27."

Wednesday, March 22, 2000

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SECTION 24.

Said title is further amended in Chapter 40, relating to real estate brokers and salespersons, by striking in its entirety Code Section 43-40-31, relating to penalties, and inserting in lieu thereof a new Code Section 43-40-31, to read as follows:

"43-40-31.

Any person or corporation acting as a real estate licensee within the meaning of this chapter without a license and any person who violates any other provision of this chapter shall be guilty of a misdemeanor."

SECTION 25.

All laws and parts of laws in conflict with this Act are repealed.

Senator Walker of the 22nd moved that the Senate agree to the House substitute to SB 350.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht
Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 350.
The following bill was taken up to consider House action thereto:
SB 295. By Senators Hecht of the 34th, Kemp of the 3rd, Lee of the 29th and others:
A bill to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding counties, municipal corporations, and other governmental entities, so as to require each local governing authority to prepare and compile a general codification of all ordinances of such local governing authority having the force and effect of law; to provide for amendments; to provide for printing and distribution; to establish the State Law Library as the official state repository of such codes; to provide for related matters; to repeal conflicting laws; and for other purposes.

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The House substitute was as follows:
A BILL
To be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions regarding county law libraries; to provide for funding of certain codification; to require each local governing authority to prepare and compile a general codification of all ordinances of such local governing authority having the force and effect of law; to provide for compilation as an alternative to codification in certain cases; to provide for amendments; to provide for printing and distribution; to establish the State Law Library as the official state repository of such codes; to provide for related matters; to repeal conflicting laws; and for other purposes.
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 (a) of Code Section 36-15-7, relating to use of law library funds, and inserting in its place a new subsection (a) to read as follows:
"(a) The money paid into the hands of the treasurer of the board of trustees of the county law library shall be used for the purchase of law books, reports, texts, periodicals, supplies, desks, and equipment and for the maintenance, upkeep, and operation of the law library, including the services of a librarian, and for the purchase or leasing of computer related legal research equipment and programs, and, upon request at the discretion of the county governing authority and consent of the chairperson of the board of trustees of the county law library, for the establishment and maintenance of the codification of county ordinances. However, the amount transferred to the county governing authority for codification pursuant to this subsection shall not exceed the cost of establishing or maintaining the codification."
SECTION 2.
Said title is further amended by striking subsection (g) of Code Section 36-15-9, relating to disposition of fees where there is no law library, and inserting in its place a new subsection (g) to read as follows:
"(g) In counties where a law library authorized by this chapter has not been established, upon request of the county governing authority, the chief judge of a circuit may shall direct that the fees authorized by this Code section be charged and collected for the purpose of the establishment and maintenance of the codification of county ordinances. However, the amount transferred to the county governing authority pursuant to this subsection shall not exceed the cost of establishing or maintaining the codification. The clerk of each and every court in such counties in which costs are collected for the purpose of carrying out the provisions of this subsection shall remit the same to the county governing authority on the first day of each month. The county ordinance code provided for in this subsection shall be maintained by the county governing authority. When the costs in criminal cases are not collected, the cost provided in this Code section shall be paid from the fines and forfeitures fund of the court in which the case is filed before any other disbursement or distribution of such fines or forfeitures is made."
SECTION 3.
Said title is further amended by adding a new Code section immediately following Code Section 36-80-18, to be designated Code Section 36-80-19, to read as follows:
"36-80-19.
(a) As used in this Code section, the term:

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(1) 'Local governing authority' means the governing authority of each municipality, county, and consolidated government in this state.

(2) 'State Law Library' means the State Law Library provided for under Chapter 11 of Title 50.

(b)(1) Each local governing authority shall, no later than January 1, 2002, provide for the general codification of all the ordinances and resolutions of that unit of local government having the force and effect of law. Except as provided in paragraph (2) of this subsection, the general codification shall be adopted by such local governing authority by ordinance and shall be published promptly, together with all amendments thereto and such local Acts of the General Assembly pertaining to the governing authority, codes of technical regulations, and other rules and regulations as the local governing authority may specify. This compilation shall be known and cited officially as 'The Code of __________, Georgia.'

(2) In cities having a population of 5,000 or less according to the most recent federal decennial census, the governing authority may at its discretion substitute a compilation of ordinances and resolutions for the codification required under paragraph (1) of this subsection. In such case, the compiled ordinances and resolutions shall, at a minimum, be arranged in a logical manner, such as by date, and should preferably include an index or other finding aids. In such case, the compilation shall be known as 'The Compiled Ordinances and Resolutions of __________, Georgia' and shall be distributed and made available in the same manner provided in this Code section for codifications.

(3) Copies of the code, at the discretion of the local governing authority, shall be furnished to officers, departments, and agencies of the local governing authority. The code shall be made available for purchase by the public at a reasonable price as fixed by the local governing authority. Amendments to a code shall be incorporated into the general codification and published at least annually.

(c) The local governing authority shall cause each ordinance and each amendment to the general codification to be printed promptly following its adoption, and the printed ordinances and amendments shall be made available for purchase by the public at reasonable prices to be fixed by the local governing authority. Following publication of the first code under this Code section and at all times thereafter, the ordinances and amendments shall be printed in substantially the same style as the code currently in effect in such unit of local government and shall be suitable in form for incorporation therein. The local governing authority shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code.

(d) A copy of each such general codification shall be furnished promptly to the State Law Library which shall be the official state repository for such general codifications; provided, further, that counties financing all or part of the cost of codification through law library fees pursuant to Code Sections 36-15-7 and 36-15-9 shall furnish a copy of each general codification to the county law library."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

Senator Hecht of the 34th moved that the Senate agree to the House substitute to SB 295.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen
Broun Y Brown Y Brush Y Burton Y Butler

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr (PRS) Y Stephens

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Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 295.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 465.

By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd and others:

A bill to be entitled an Act to amend Code Section 28-3-24.1 of the Official Code of Georgia Annotated, relating to the public distribution of legislative information in electronic format, so as to establish the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 405-2 of the Official Code of Georgia Annotated, relating to the keeping of records of applications for licenses and information on licensees, so as to refer to the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 47-2-320 of the Official Code of Georgia Annotated, relating to membership in the retirement system of officers and employees of the GeorgiaNet Authority, so as to refer to the Georgia Technology Authority; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws.

The following bill was taken up to consider House action thereto:

HB 1619. By Representatives Barnes of the 97th, Benefield of the 96th, Porter of the 143rd and others:

A bill to be entitled an Act to amend Code Section 20-3-519.7 of the Official Code of Georgia Annotated, relating to PROMISE teacher's scholarships, so as to change the requirements for eligibility for the scholarship and define certain terms; to repeal conflicting laws; and for other purposes.

Senator Cable of the 27th moved that the Senate recede from its amendment to HB 1619.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E

Y Price,R Y Price,T Y Ragan Y Ray
Scott Smith Starr (PRS) Y Stephens Y Stokes

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Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate receded from its amendment to HB 1619.

The following bill was taken up to consider House action thereto:

SB 45.

By Senator Ragan of the 11th:

A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to creditable service in the Employees' Retirement System of Georgia for certain military service for persons who became members of such retirement system prior to July 1, 1982, so as to provide that persons otherwise eligible to receive creditable service for military service during the Vietnam Conflict may do so by making application prior to December 31, 2000.

The House substitute was as follows:

A BILL
To be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that members of such retirement system may obtain up to two years of creditable service for certain military service; to provide for the payment of employee contributions with interest; to provide for matters related to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by inserting at the end of Code Section 47-2-96, relating to prior service credits under the Employees' Retirement System of Georgia and related matters, the following:

"(j) Anything in this chapter to the contrary notwithstanding, any member who was on active duty in the armed forces of the United States during any period during which a military draft was in effect may receive military service credit for such period of active duty up to a maximum of two years, provided that such member shall pay the regular employee contribution of 5 percent of the compensation last paid to such member as an employee before entering military service or 5 percent of the compensation first paid to such member as an employee after returning from military service plus 4 1/2 percent interest on such employee contributions, compounded annually to date of payment; provided, further, that no service in the armed forces shall be deemed as creditable under any provisions of this chapter if such service has or will be used in the determination of any member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security and those retirement programs covered under Public Law 810, 80th Congress, as amended. Notwithstanding any other time limitation provided in this chapter for obtaining creditable service for military service, a qualified member may

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obtain creditable service pursuant to the provisions of this subsection by making application therefor prior to December 31, 2001."

SECTION 2.

Said title is further amended by striking in its entirety paragraph (2) of subsection (f) of Code Section 47-2-334, relating to service retirement allowances for persons employed on or after July 1, 1982, and related matters, and inserting in lieu thereof the following:

"(2) Except as otherwise provided in subsection (j) of Code Section 47-2-96, in Code Sections 47-2-96.1, 47-2-96.2, 47-2-204, 47-2-225, and 47-2-266, and in paragraph (3) of this subsection, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and".

SECTION 3.

This Act shall become effective on July 1, 2000, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2000, as required by subsection (a) of Code Section 47-20-50.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

Senator Ragan of the 11th moved that the Senate agree to the House substitute to SB 45.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch
Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 45.
The following bill was taken up to consider House action thereto:
HB 182. By Representatives Martin of the 47th, Teper of the 61st, Bordeaux of the 151st and others:

Wednesday, March 22, 2000

2307

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 for the creation of the juvenile courts and their jurisdiction, administration, and expenses; and for other purposes.

The House amendment to the Senate substitute was as follows:

Amend the Senate substitute to HB 182 (LC 22 4116S) by striking line 31 of page 1 and inserting in lieu thereof the following:

"before July 1, 1983 October 1, 2000. The judge or a majority".

By striking line 16 of page 2 and inserting in lieu thereof the following:

"1983 October 1, 2000, shall continue until such time as a as".

By striking from line 14 of page 3 the number 74,000.00 and inserting in lieu thereof the number 85,000.00.

By striking from line 23 of page 3 the word "July" and inserting in lieu thereof the word "October".

By striking from line 42 of page 3 the number 14,800.00 and inserting in lieu thereof the number 17,000.00.

By striking from line 2 of page 4 the number 29,600.00 and inserting in lieu thereof the number 34,000.00.

By striking from line 4 of page 4 the number 44,400.00 and inserting in lieu thereof the number 51,000.00.

By striking from line 6 of page 4 the number 59,200.00 and inserting in lieu thereof the number 68,000.00.

By striking lines 4 through 6 of page 6 and inserting in lieu thereof the following:

"purposes. The governing authority of the county of residence of each juvenile court judge shall offer".

By striking lines 9 through 17 of page 6 and inserting in lieu thereof the following:

"equivalent to those offered to employees of the county, with a right to contribution from other counties in the circuit for a pro-rata contribution toward the costs of such benefits, based on county population. Counties shall continue to".

By striking from line 13 of page 7 the word "July" and inserting in lieu thereof the word "October".

Senator Kemp of the 3rd moved that the Senate agree to the House amendment to the Senate substitute to HB 182.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch
Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate

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Y Dean Egan
Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Thomas,D Y Thomas,N
Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 182.

Senator Cheeks of the 23rd introduced Claudia Reynolds, commended by SR 615, adopted previously.

The following bill was taken up to consider House action thereto:

SB 483. By Senators James of the 35th, Walker of the 22nd and Hecht of the 34th:

A bill to be entitled an Act to amend Code Section 43-9-12 of the Official Code of Georgia Annotated, relating to grounds for refusal or revocation of licenses to practice chiropractic, so as to require the furnishing of certain information to a chiropractor after an investigation thereof is initiated or completed and to require a delay in sanctions in order to allow the person being investigated to respond to such information; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

The House amendment was as follows: On page 2, beginning on line 2, add the new sentence at the end of the paragraph:

"Nothing in this Code Section shall be construed to limit the authority of the Board to pursue violations of the Board's laws and rules and regulations discovered during the course of an investigation."

Senator James of the 35th moved that the Senate agree to the House amendment to SB 483.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Hamrick Harbison Hecht
Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen
Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr (PRS) Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson Y Walker Y Williams

Wednesday, March 22, 2000

2309

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 483.

Senator Crotts of the 17th recognized Senator Egan of the 40th, commended by SR 674, adopted previously.

Senator Egan addressed the Senate briefly.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1206.

By Representatives Scheid of the 17th, Stuckey of the 67th, Squires of the 78th and others:

A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide training requirements for clerks of the juvenile courts; to provide for clerks pro tempore.

The Speaker has appointed on the part of the House, Representatives Martin of the 47th, Scheid of the 17th and Reed of the 52nd.

The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1361.

By Representatives Lucas of the 124th, Snow of the 2nd, Skipper of the 137th and others:

A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Ethics in Government Act," so as to require newspapers and other companies which accept paid political advertisements to maintain certain records concerning the identity of persons purchasing such advertisements.

The Speaker has appointed on the part of the House, Representatives Lucas of the 124th, Skipper of the 137th and Snow of the 2nd.

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 297.

By Senators Brown of the 26th, Ladd of the 41st, Polak of the 42nd and others:

A bill to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change certain references relating to cruelty to animals; to include a certain reference relating to animal fighting; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to revise comprehensively the law relating to the offense of cruelty to animals; to repeal conflicting laws.

The Speaker has appointed on the part of the House, Representatives Richardson of the 26th, Parsons of the 40th and Smith of the 12th.

The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

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JOURNAL OF THE SENATE

HB 1180.

By Representative Parham of the 122nd:

A bill to amend Code Section 40-6-45 of the Official Code of Georgia Annotated, relating to further limitations on driving on left of center of roadway, so as to change certain provisions relating to intersections and railroad grade crossings.

The following bill was taken up to consider House action thereto:

HB 1284. By Representatives Tillman of the 173rd, Murphy of the 18th, O'Neal of the 75th and others:

A bill to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide for legislative findings and intent; to provide for execution by lethal injection for persons convicted of capital crimes committed after a specified date; to provide for a definition; to provide that prescription, preparation, compounding, dispensing, and administration of a lethal injection is not the practice of certain licensed or certified professions; to change provisions relating to electrocution as a method of execution; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

The House amendment to the Senate substitute was as follows:
Amend the Senate substitute to HB 1284 (LC 22 4119S) by striking lines 26 through 29 of page 3 and inserting in lieu thereof the following:

"injection devices; or consulting with or supervising lethal injection personnel."

Senator Kemp of the 3rd moved that the Senate agree to the House amendment to the Senate substitute to HB 1284.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan N Fort
Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1284.
The following bill was taken up to consider House action thereto:

Wednesday, March 22, 2000

2311

HB 1361. By Representatives Lucas of the 124th, Snow of the 2nd, Skipper of the 137th and Lane of the 146th:
A bill to be entitled an Act to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Ethics in Government Act," so as to require newspapers and other companies which accept paid political advertisements to maintain certain records concerning the identity of persons purchasing such advertisements; to provide for civil penalties to be imposed by the State Ethics Commission for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.
Senator Kemp of the 3rd moved that the Senate adhere to its amendment to HB 1361and that a Conference Committee be appointed.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Kemp of the 3rd, Meyer von Bremen of the 12th and Gillis of the 20th.
The following bill was taken up to consider House action thereto:
SB 413. By Senators Tanksley of the 32nd, Thompson of the 33rd and Hecht of the 34th:
A bill to be entitled an Act to amend Code Section 16-14-7 of the Official Code of Georgia Annotated, relating to forfeiture proceedings involving racketeer influenced and corrupt organizations, so as to change a provision relating to the disposition of net proceeds from such a forfeiture; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 16-14-7 of the Official Code of Georgia Annotated, relating to forfeiture proceedings involving racketeer influenced and corrupt organizations, so as to change a provision relating to the disposition of net proceeds from such a forfeiture; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 16-14-7 of the Official Code of Georgia Annotated, relating to forfeiture proceedings involving racketeer influenced and corrupt organizations, is amended by striking subsection (l) and inserting in its place the following:
"(l) The net proceeds of any sale or disposition after satisfaction of the interest of any innocent party, less the greater of one-half thereof or the costs borne by the county in bringing the forfeiture action, shall be paid into the general fund of the state treasury. The costs borne by the county or one-half of the net proceeds of sale or disposition, whichever is greater, shall be paid into the treasury of the county where the forfeiture action is brought. Notwithstanding any other provision in this Code section, the court may, after satisfaction of the interest of any innocent party, make any other division of the proceeds among the state, county, or municipalities or agencies of the state, county, or municipalities, which is commensurate with the proportion of the assistance that each contributed to the underlying criminal action, forfeiture, or criminal action and forfeiture."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Tanksley of the 32nd moved that the Senate agree to the House substitute to SB 413.

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JOURNAL OF THE SENATE

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks
Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Harbison
Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith
Starr Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Walker Y Williams

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 413.

Senator Dean of the 31st recognized Mary Ann Draut, commended by SR 802, adopted previously.

The following bill was taken up to consider the Conference Committee report thereto:

HB 1182. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:

A bill to be entitled an Act to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to repeal certain provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources; to provide an effective date; to repeal conflicting laws; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on HB 1182 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1182 be adopted.

Respectfully submitted,

FOR THE SENATE: Senator Walker of the 22nd
/s/ Senator Madden of the 47th /s/ Senator Ragan of the 11th

FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative Reaves of the 178th /s/ Representative Purcell of the 147th /s/ Representative Floyd of the 138th

Wednesday, March 22, 2000

2313

A BILL
To be entitled an Act to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to change the provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources and the review thereof; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," is amended by adding at the end thereof a new Code Section 12-16-9 to read as follows:
"12-16-9.
(a) The Environmental Protection Division Agricultural Advisory Committee is created to advise the Environmental Protection Division of the Department of Natural Resources as to the effects that proposed changes in environmental rules and regulations might have on family farms and agriculture in this state. The Environmental Protection Division shall submit all changes in Georgia's water quality rules and regulations to the committee and provide no less than 90 days for committee review and comment prior to the rule adoption.
(b) The Environmental Protection Division Agricultural Advisory Committee shall consist of 12 members. Six members shall be appointed by the President of the Senate and approved by the Senate Agriculture Committee and six members shall be appointed by the Speaker of the House and approved by the House Committee on Agriculture and Consumer Affairs. The members appointed by the President of the Senate shall include the chairperson and two other members of the Senate Agriculture Committee, two farmers who are actively engaged in agriculture, and one additional appointee. The members appointed by the Speaker of the House shall include the chairperson and two other members of the House Committee on Agriculture and Consumer Affairs, two farmers who are actively engaged in agriculture, and one additional appointee. All members shall be appointed for terms beginning on the first day of the regular session of the General Assembly held in odd-numbered years, provided that the initial members of the advisory committee shall be appointed immediately upon the effective date of this Code section and shall serve until the first day of the regular session of the General Assembly held in 2001.
(c) At the first meeting in each odd-numbered year, the members of the advisory committee shall select a chairperson from among the members of the committee. The chairperson shall designate the times and places at which the committee shall meet. Seven members of the committee shall constitute a quorum for the transaction of business.
(d) The members of the advisory committee shall not receive compensation for their services but shall be reimbursed from funds of the Environmental Protection Division of the Department of Natural Resources for actual expenses incurred in the performance of their duties."
SECTION 2.
Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, is amended by striking subsection (g) of said Code section and inserting in its place the following:
"(g)(1)-Subsection (f) of this Code section shall not apply to the Environmental Protection Division of the Department of Natural Resources, but paragraph (2) of this subsection shall apply to the Environmental Protection Division of the Department of Natural Resources.

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(2) The following provisions shall apply to rules and regulations of the Environmental Protection Division and rules and regulations of the Board of Natural Resources relating to matters within the jurisdiction of the Environmental Protection Division:

(1) Water quality rules and regulations that directly affect livestock, dairy, poultry, crops, or swine and that are not required by federal law shall be subject to subsection (f) of this Code section. If such rules and regulations which relate to water quality and which directly affect livestock, dairy, poultry, crops, or swine are required by federal law or regulation and such rules or regulations impose no greater or different regulatory burden than the minimum burden required by federal law or regulation, then such rules and regulations shall not be subject to subsection (f) of this Code section. If rules and regulations which relate to water quality and which directly affect livestock, dairy, poultry, crops, or swine are required by federal law or regulation and such rules or regulations impose a greater or different regulatory burden than the minimum burden required by federal law or regulation, then such rules and regulations shall be subject to subsection (f) of this Code section. For purposes of this paragraph a rule or regulation shall be considered to be required by federal law or regulation if such rule or regulation is required to avoid the loss of federal funds which would otherwise be received by the state; and

(2) Such rules and regulations which are not described in paragraph (1) of this subsection shall not be subject to subsection (f) of this Code section but shall be subject to this paragraph (2). In the event the chairman of any standing committee to which a proposed rule relative to the Environmental Protection Division of the Department of Natural Resources proposed rule or regulation subject to this paragraph (2) is assigned notifies the agency that the committee objects to the adoption of the rule or regulation or has questions concerning the purpose, nature, or necessity of the rule or regulation, it shall be the duty of the agency to consult with the committee prior to the adoption of the rule or regulation.

In promulgating a rule or regulation subject to this subsection, the agency shall state its position with respect to whether the rule or regulation is subject to subsection (f) of this Code section and shall articulate the reasons for its determination."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

Senator Ragan of the 11th moved that the Senate adopt the Conference Committee report on HB 1182.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun
Brown Y Brush Y Burton
Butler Cable Y Cagle Y Cheeks Crotts Y Dean Y Egan Y Fort Y Gillis

Y Hamrick Harbison
Y Hecht Hill
Y Hooks Y Huggins Y Jackson N James Y Johnson,E
Kemp Y Ladd Y Lamutt N Land Y Lee Y M V Bremen Y Madden

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R N Thompson

Wednesday, March 22, 2000

2315

Y Gingrey Y Golden Y Guhl

Y Marable Y Perdue N Polak

N Walker Y Williams

On the motion, the yeas were 41, nays 5; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1182.

The following communication was received by the Secretary:

I support the Committee of Conference Report on HB 1182.

/s/ Susan W. Cable District 27

Senator Starr of the 44th moved that the following resolution, having been placed on the Table on March 20, be taken from the Table:

HR 1011. By Representative Parham of the 122nd:

Creating the Joint Study Committee on Historic Local Government Records; and for other purposes.

Senate Sponsor: Senator Starr of the 44th.

On the motion, the yeas were 46, nays 0; the motion prevailed, and HR 1011 was taken from the Table. Pursuant to Senate Rule 111, HR 1011, having been taken from the Table, was put upon its adoption.

The Senate Economic Development, Tourism and Cultural Affairs Committee offered the following substitute to HR 1011:
A RESOLUTION

Creating the Joint Study Committee on Historic Local Government Records; and for other purposes.

WHEREAS, Georgia counties have valuable and historic records dating back to 1732 which document life in Georgia, including records of family estates, wills, courts, churches, Confederate soldiers' pensions, real estate transactions, births, deaths, marriages, trade, commerce, and the contributions of the European, African American, and Native American communities; and

WHEREAS, these valuable and historic records are currently stored by counties in various levels of security, ranging from adequate protection from damaging light, temperature, and environmental excesses to being daily subjected to the ravages of time and the elements; and

WHEREAS, some counties, with the aid of microfilm technology, have been able to establish adequate preservation of and access to these valuable and historic documents, while other counties have lacked the resources to do so; and

WHEREAS, these valuable and historic records document the diverse and proud history of the State of Georgia and all of her people; and

WHEREAS, these same valuable and historic records are used by citizens and historians alike to impart and document the proud traditions of this state for future generations; and

WHEREAS, the Georgia General Assembly recognizes its role and responsibility in assuring that these valuable, historic, and irreplaceable records are properly protected and preserved for their long-term use and accessibility by this and future generations of citizens of this state; and

WHEREAS, there is a need for a thorough legislative study of the present condition of these valuable and historic records to determine how to ensure their preservation and accessibility for future generations and what legislative

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JOURNAL OF THE SENATE

initiatives would better enable the legislature, state agencies, and local governments to preserve this valuable and unique historical resource.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Historic Local Government Records to be composed of three members from the House of Representatives to be appointed by the Speaker of the House of Representatives, three members from the Senate appointed by the President of the Senate, two nonlegislative members appointed by the Governor from the local government/historical community, and the Secretary of State. The Speaker of the House of Representatives shall designate a member of the House and the President of the Senate shall designate a member of the Senate who shall serve as cochairpersons of the committee. The committee shall meet at the call of the cochairpersons. The Secretary of State, the Legislative Counsel, and the House and Senate Research offices shall assist the work of the committee.

BE IT FURTHER RESOLVED that the committee shall undertake a study of the current conditions, needs, issues, and problems related to the preservation and accessibility of historic local records throughout the State of Georgia. 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. Legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the O.C.G.A., and nonlegislative members of the committee who are not state officials or employees shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-721 of the O.C.G.A., but all such members shall receive the allowances for not more than five days unless additional days are authorized. Members of the committee who are state officials or employees, other than legislative members, shall receive no compensation for their service on the committee but may be reimbursed for expenses incurred by them in the performance of their duties as members of the committee. The funds necessary for the reimbursement of the expenses of state officials or employees, other than legislative members, shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the House of Representatives and the Senate. The committee shall make a report of its findings, with suggestions for proposed legislation, if any, on or before December 1, 2000, on which date the committee shall stand abolished.

On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to.

On the adoption of the resolution, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown
Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks
Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Harbison
Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T
Ragan Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Walker Williams

Wednesday, March 22, 2000

2317

On the adoption of the resolution, the yeas were 46, nays 0.

The resolution, having received the requisite constitutional majority, was adopted by substitute.

The following resolution was taken up to consider House action thereto:

SR 134. By Senators Price of the 56th, Stephens of the 51st and Gingrey of the 37th:

A resolution creating the Georgia DUI Study Commission.

The House substitute was as follows:

A RESOLUTION

Creating the Georgia DUI Study Commission; and for other purposes.

WHEREAS, reducing and eliminating the crime of driving under the influence is a top concern of the citizens of Georgia; and

WHEREAS, Georgians are shocked by the severity and frequency of the commission of this crime; and

WHEREAS, restoring a reasonable level of public safety and the removal of drunken drivers from our roads should be accepted as an all-important goal for this generation of Americans.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Georgia DUI Study Commission to be composed of 14 members. Eight members shall be appointed by the Governor as follows: one member shall be a superior court judge, one member shall be a state court judge, one member shall be a judge of a recorder's court, three members shall be district attorneys, one member shall be a sheriff, and one member shall be a city or county chief of police. Three members shall be appointed by the President of the Senate only one of whom may be an attorney. Three members shall be appointed by the Speaker of the House of Representatives only one of whom may be an attorney. The President of the Senate shall designate a member of the commission as cochairperson of the commission. The Speaker of the House of Representatives shall designate a member of the commission as cochairperson of the commission. The cochairpersons shall call all meetings of the commission.

BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. 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. The legislative members of the commission 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. Members of the commission who are not legislative members shall receive no compensation for their services on the commission and shall not be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. The funds necessary to carry out the provisions of this resolution with respect to legislative members shall come from the funds appropriated to the legislative branch of government. The commission shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, and such report shall be made to the Governor and the General Assembly on or before December 15, 2000. The commission shall stand abolished on December 15, 2000.

Senator Price of the 56th moved that the Senate agree to the House substitute to SR 134.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch

Y Hamrick Harbison

Y Price,R Y Price,T

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Y Bowen Y Broun
Brown Y Brush Y Burton
Butler Y Cable
Cagle Y Cheeks
Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 134.
The following bill was taken up to consider House action thereto:
SB 344. By Senators Madden of the 47th, Harbison of the 15th and Meyer von Bremen of the 12th:
A bill to be entitled an Act to amend Code Section 33-7-11 of the O.C.G.A., relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, so as to raise certain minimum liability coverage requirements; to change certain provisions relating to when motor vehicles shall not be deemed to be uninsured motor vehicles; to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and proof of financial responsibility, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for liability insurance policies; to change certain provisions relating to duration of suspension and when judgments deemed satisfied; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, so as to raise certain minimum requirements; to change certain provisions relating to bankrupt uninsured motorists; to change certain provisions relating to when motor vehicles shall not be deemed to be uninsured motor vehicles; to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and proof of financial responsibility, so as to change certain provisions relating to definitions; to change certain provisions relating to requirements for liability insurance policies; to change certain provisions relating to duration of suspension and when judgments deemed satisfied; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.

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2319

Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability insurance policies and uninsured motorist coverage, is amended by striking subsections (a) and (d) and inserting in lieu thereof the following:
"(a)(1) No automobile liability policy or motor vehicle liability policy shall be issued or delivered in this state to the owner of such vehicle or shall be issued or delivered by any insurer licensed in this state upon any motor vehicle then principally garaged or principally used in this state unless it contains an endorsement or provisions undertaking to pay the insured all sums which he said insured shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle, within limits exclusive of interests and costs which at the option of the insured shall be:
(A) Not less than $15,000.00 $25,000.00 because of bodily injury to or death of one person in any one accident, and, subject to such limit for one person, $30,000.00 $50,000.00 because of bodily injury to or death of two or more persons in any one accident, and $10,000.00 $25,000.00 because of injury to or destruction of property of the insured;
(B) Not greater than the limits of liability because of bodily injury to or death of one person in any one accident and of two or more persons in any one accident, and because of injury to or destruction of property of the insured which is contained in the insured's personal coverage in the automobile liability policy or motor vehicle liability policy issued by the insurer to the insured.
(2) The coverages for 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.
(3) The coverage required under paragraph (1) of this subsection shall not be applicable where any insured named in the policy shall reject the minimum coverage in writing. However, the insurer shall not be required to issue any coverage for any amount greater than the minimum coverage unless the insured shall request in writing such higher limits. The coverage need not be provided in or supplemental to a renewal policy where the named insured had rejected the coverage in connection with a policy previously issued to him said insured by the same insurer.
(4) The application for discharge filing of a petition for relief in bankruptcy under a chapter of Title 11 of the United States Code by an uninsured motorist as defined in this Code section, or the appointment of a trustee in bankruptcy for an uninsured motorist as defined in this Code section, or the discharge in bankruptcy of an uninsured motorist as defined in this Code section shall not affect the legal liability of an uninsured motorist as the term 'legal liability' is used in this Code section, and such application filing of a petition for relief in voluntary or involuntary bankruptcy, the appointment of a trustee in bankruptcy, or the discharge in bankruptcy of such an uninsured motorist shall not be pleaded by the insurance carrier providing uninsured motorist protection in bar of any claim of an insured person as defined in this Code section so as to defeat payment for damages sustained by any insured person by the insurance company providing uninsured motorist protection and coverage under the terms of this chapter as now or hereafter amended; but the insurance company or companies shall have the right to defend any such action in its own name or

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in the name of the uninsured motorist and shall make payment of any judgment up to the limits of the applicable uninsured motorist insurance protection afforded by its policy. In those cases the uninsured motorist upon being discharged in bankruptcy may plead the discharge in bankruptcy against any subrogation claim of any uninsured motorist carrier making payment of a claim or judgment in favor of an uninsured person, and the uninsured motorist may plead his said motorist's discharge in bankruptcy in bar of all amounts of an insured person's claim in excess of uninsured motorist protection available to the insured person."
"(d) In cases where the owner or operator of any vehicle causing injury or damages is known, and either or both are named as defendants in any action for such injury or damages, and a reasonable belief exists that the vehicle is an uninsured motor vehicle under subparagraph (b)(1)(D) of this Code section, a copy of the action and all pleadings thereto shall be served as prescribed by law upon the insurance company issuing the policy as though the insurance company were actually named as a party defendant. If facts arise after an action has been commenced which create a reasonable belief that a vehicle is an uninsured motor vehicle under subparagraph (b)(1)(D) of this Code section and no such reasonable belief existed prior to the commencement of the action against the defendant, and the complaint was timely served on the defendant, the insurance company issuing the policy shall be served within either the remainder of the time allowed for valid service on the defendant or 90 days after the date on which the party seeking relief discovered, or in the exercise of due diligence should have discovered, that the vehicle was uninsured or underinsured, whichever period is greater. The uninsured motorist carrier may conduct discovery as a matter of right for a period of not less than 120 days after service prior to any hearing on the merits of the action. If either the owner or operator of any vehicle causing injury or damages is unknown, an action may be instituted against the unknown defendant as 'John Doe,' and a copy of the action and all pleadings thereto shall be served as prescribed by law upon the insurance company issuing the policy as though the insurance company were actually named as a party defendant; and the insurance company shall have the right to file pleadings and take other action allowable by law in the name of 'John Doe' or itself. In any case arising under this Code section where service upon an insurance company is prescribed, the clerk of the court in which the action is brought shall have such service accomplished by issuing a duplicate original copy for the sheriff or marshal to place his or her return of service in the same form and manner as prescribed by law for a party defendant. The return of service upon the insurance company shall in no case appear upon the original pleadings in such case. In the case of a known owner or operator of such vehicle, either or both of whom are named as a defendant in such action, the insurance company issuing the policy shall have the right to file pleadings and take other action allowable by law in the name of either the known owner or operator or both or itself.
(1) In cases where the owner or operator of a vehicle causing injury or damages is unknown and an action is instituted against the unknown defendant as 'John Doe,' the residence of such 'John Doe' defendant shall be presumed to be in the county in which the accident causing injury or damages occurred, or in the county of residence of the plaintiff, at the election of the plaintiff in the action.
(2) A motor vehicle shall not be deemed to be an uninsured motor vehicle within the meaning of this Code section when the owner or operator of such motor vehicle has deposited security, pursuant to Code Section 40-9-32, in the amount of $15,000.00 where only one person was injured or killed, $30,000.00 where more than one, or $10,000.00 for property damage amounts specified in subparagraph (a)(1)(A) of this Code section."
SECTION 2.
Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and proof of financial responsibility, is amended by striking paragraph (5) of Code Section 40-9-2, relating to definitions, and inserting in lieu thereof the following:
"(5) 'Proof of financial responsibility' means:
(A)-Proof proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof, in the amounts specified in subparagraph (a)(1)(A) of Code Section 33-7-11. 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

Wednesday, March 22, 2000

2321

(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 accident."
SECTION 3.
Said chapter is further amended by striking subsection (a) of Code Section 40-9-37, relating to requirements for liability insurance policies, and inserting in lieu thereof the following:
"(a) No liability insurance policy shall be effective under Code Section 40-9-34 unless issued by an insurance company authorized to do business in this state, except as provided in subsection (b) of this Code section, and unless such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit to limits, exclusive of interest and costs, of not less than $15,000.00 because of bodily injury or death of one person in any one accident and, subject to such limit for one person, to a limit of not less than $30,000.00 because of bodily injury or death to two or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than $10,000.00 because of injury to or destruction of property of others in any one accident the amounts specified in subparagraph (a)(1)(A) of Code Section 33-7-11."
SECTION 4.
Said chapter is further amended by striking Code Section 40-9-62, relating to duration of suspension and when judgments deemed satisfied, and inserting in lieu thereof the following:
"40-9-62.
(a) A driver's license, vehicle registration, or nonresident's operating privilege suspended pursuant to Code Section 40-9-61 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of the judgment debtor, whether or not he or she was previously licensed, unless and until every such judgment is stayed, or satisfied in full or to the extent provided in subsection (b) of this Code section, subject to the exceptions provided in this article.
(b) Judgment referred to in this article, which is based upon an accident which occurred on or after January 1, 2001, shall, for the purpose of this chapter only, be deemed satisfied:
(1) When $15,000.00 $25,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident;
(2) When, subject to such limit of $15,000.00 $25,000.00 because of bodily injury to or death of one person, $30,000.00 $50,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or
(3) When $10,000.00 $25,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident.
(c) Notwithstanding the provisions of subsection (b) of this Code section, a judgment referred to in this article, which is based upon an accident which occurred prior to January 1, 1984, shall be deemed satisfied:
(1)-When $10,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; or
(2)-When, subject to such limit of $10,000.00 because of bodily injury to or death of one person, $20,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or

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(3)-When $5,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident Reserved.

(d) Payments made in settlement of any claims because of bodily injury, death, or property damage arising from the accident shall be credited in reduction of the amounts provided for in this Code section."

SECTION 5. This Act shall become effective on January 1, 2001.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.

Senator Madden of the 47th moved that the Senate agree to the House substitute to SB 344.

Senator Dean of the 31st asked unanimous consent that he be excused from voting on SB 344 pursuant to Senate Rule 175. The consent was granted, and Senator Dean was excused from voting.

Senator Hooks of the 14th asked unanimous consent that he be excused from voting on SB 344 pursuant to Senate Rule 175. The consent was granted, and Senator Hooks was excused from voting.

On the motion to agree, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable N Cagle Y Cheeks Y Crotts E Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill E Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

Price,R N Price,T
Ragan Y Ray Y Scott Y Smith E Starr N Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker N Williams

On the motion, the yeas were 43, nays 7; the motion prevailed, and the Senate agreed to the House substitute to SB 344.
The following bill was taken up to consider House action thereto:
SB 524. By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:
A bill to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to provide for erosion and sediment control plans for certain construction or maintenance projects of the Department of Transportation or the State

Wednesday, March 22, 2000

2323

Tollway Authority; to provide for an Erosion and Sediment Control Overview Council and the appointment, powers, duties, and compensation of members thereof; to change certain provisions relating to exemptions from the applicability of provisions of said chapter; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to provide for erosion and sediment control plans for certain construction or maintenance projects of the Department of Transportation or the State Tollway Authority; to provide for an Erosion and Sediment Control Overview Council and the appointment, powers, duties, and compensation of members thereof; to change certain provisions relating to exemptions from the applicability of provisions of said chapter; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, is amended by adding a new Code Section 12-7-7.1 to read as follows:
"12-7-7.1.
(a) As used in this Code section, the term 'contractor' means the individual, firm, corporation, or combination thereof or governmental organization contracting with the Department of Transportation or State Tollway Authority for the performance of prescribed work.
(b)(1) In addition to the requirements of Code Section 12-7-6, the Department of Transportation or the State Tollway Authority after July 1, 2001, shall not contract for land-disturbing activity on any construction or maintenance project that will disturb five or more contiguous acres of land until an erosion and sediment control plan for such project has been prepared and accepted pursuant to this Code section.
(2) Through its own forces or by means of the acquisition of professional service pursuant to the provisions of Chapter 22 of Title 50, the Department of Transportation or the State Tollway Authority shall be responsible for the preparation of an erosion and sediment control plan for any construction or maintenance project as required by paragraph (1) of this subsection. Any consultant providing such professional service shall be prequalified by the Department of Transportation as a responsible bidder for the design of erosion and sediment control plans. The division shall assist the Department of Transporation in developing the prequalification approval process for purposes of this subsection.
(c) Upon completion of a proposed plan, the same shall be submitted to the division for review and comment.
(d)(1) All bidders for any construction or maintenance project subject to this Code section shall review and submit with their bid proposal a cost estimate as a separate bid for the implementation of the plan, it being understood that the contractor may utilize either its own personnel and resources, qualified subcontractors, or both for implementation of the plan. All contractors and subcontractors for such project shall be prequalified by the division as a responsible bidder for the installation of erosion and sediment control devices in accordance with a plan. The Department of Transportation shall assist the division in developing the prequalification approval process for purposes of this subsection.
(2) The contractor for a construction or maintenance project subject to this Code section shall be responsible for implementing the plan on the awarded project. Payment to any contractor under any contract for implementing any part or all of any plan shall not be on a lump sum basis; rather, such payment shall be based upon unit prices for

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specific quantities of work performed pursuant to the approved erosion and sediment control plan plus any additional quantities of completed work necessitated by project conditions affecting erosion and sediment control, including without limitation soil types and weather conditions.
(e)(1) Through the services of independent consultants or by its own forces, the division shall inspect the installation and maintenance of the best management practices in accordance with the plan. All such consultants shall be prequalified by the division as a responsible bidder for the inspection of such best management practices and shall have the necessary expertise to determine that such practices are being installed and maintained in accordance with the plan. The Department of Transportation shall assist the division in developing the prequalification approval process for purposes of this subsection.
(2) Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of subsection (a) of Code Section 12-7-6.
(3) If deficiencies in the plan or installation or maintenance of best management practices are discovered during the inspection, the Department of Transportation or the State Tollway Authority shall determine the appropriate corrective action up to and including the issuance of a stop work order. Further, the Department of Transportation or State Tollway Authority may require the consultant to amend the plan or the contractor to change its procedures in order to institute such changes as may be necessary to correct any errors or deficiencies in the plan, the implementation of the plan, or the maintenance of the best management practices.
(4) The division shall control or coordinate the work of its employees inspecting any project so as to prevent any unreasonable delay of, interference with, or hindrance to any contractor performing land-disturbing activity on any project subject to the provisions of this Code section.
(f)(1) There shall be an Erosion and Sediment Control Overview Council which shall provide guidance on the best management practices for implementing any erosion and sediment control plan for purposes of this Code section. The council shall be composed of nine members, including one member who shall be appointed by the Speaker of the House of Representatives and serve at the pleasure thereof; one member who shall be appointed by the Lieutenant Governor and serve at the pleasure thereof; and seven members who shall be appointed by the Governor and serve at the pleasure thereof, including one employee each from the Department of Transportation, the Environmental Protection Division of the Department of Natural Resources, and the Georgia Regional Transportation Authority, a professional engineer licensed to practice in this state from a private engineering consulting firm practicing environmental engineering, two representatives of a highway contractor certified by the Department of Transportation, and a chairperson. The council shall meet at the call of the chairperson. Each councilmember shall receive a daily allowance in the amount specified in subsection (b) of Code Section 45-7-21; provided, however, that any full-time state employee serving on the council shall draw no compensation but shall receive necessary expenses. The commissioner is authorized to pay such compensation and expenses from department funds.
(2) The council may develop recommendations governing the preparation of plans and the installation and maintenance of best management practices. If a dispute concerning the requirements of this Code section should arise between the Department of Transportation or the State Tollway Authority and the division or contractor, the Erosion and Sediment Control Overview Council shall mediate the dispute.
(g) Nothing in this Code section shall be construed to affect the division's authority under Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act.'"
SECTION 2.
Said chapter is further amended by striking paragraph (8) of subsection (a) of Code Section 12-7-17, relating to exemptions from the applicability of provisions of said chapter, and inserting in lieu thereof the following:
"(8) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia State Tollway Authority; or any road

Wednesday, March 22, 2000

2325

construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that such projects shall conform to the minimum requirements set forth in Code Section 12-7-6; provided, further, that construction or maintenance projects of the Department of Transportation or the State Tollway Authority which disturb five or more contiguous acres of land shall be subject to the provisions of Code Section 12-7-7.1; and".
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senator Streat of the 19th moved that the Senate disagree to the House substitute to SB 524.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 524.
The following bill was taken up to consider House action thereto:
SB 318. By Senators Hecht of the 34th, Starr of the 44th, Hooks of the 14th and others:
A bill to be entitled an Act to amend Article 4 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to DNA (deoxyribonucleic acid) analysis upon conviction of certain sex offenses, so as to authorize that, in addition to blood samples, oral swabs or a sample obtained from a noninvasive procedure may be taken for DNA analysis to determine identification characteristics specific to the person; to provide that laws applicable to DNA analysis with respect to sex offenders shall apply to persons who are convicted of a felony to the extent funds are appropriated or otherwise available for such purposes; to change the provisions relating to expungement of a profile in the data bank upon reversal and dismissal of conviction; to repeal conflicting laws; and for other purposes.

Senator Hecht of the 34th moved that the Senate recede from its amendments to the House substitute to SB 318.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 55, nays 0; the motion prevailed, and the Senate receded from its amendments to the House substitute to SB 318.

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The following bill was taken up to consider House action thereto:
SB 479. By Senators Madden of the 47th, Meyer von Bremen of the 12th, Smith of the 25th and others:
A bill to be entitled an Act to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, so as to provide for a state ombudsman and for community ombudsmen for mental health, mental retardation, and substance abuse; to provide for the duties of such state ombudsman; to provide that the state ombudsman will be under the supervision and direction of the consumers' insurance advocate; to provide for contracts for the operation of a community ombudsman program for this state and for the components of that program; to provide for reviews, responses, recommendations, and actions regarding community ombudsman investigations; to repeal conflicting laws; and for other purposes.
The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, so as to provide for a state ombudsman and community ombudsmen for mental health, mental retardation, and substance abuse; to provide for definitions; to provide for the state ombudsman and for such position to be under the supervision and direction of the consumers' insurance advocate; to provide for qualifications, conflicts of interest, powers, and duties of the state ombudsman; to provide for contracts to operate a community ombudsman program and for certification, powers, and duties of community ombudsmen; to provide for investigations regarding disability services providers and standards and procedures relating thereto; to provide for complaint resolution and actions and referrals relating thereto; to provide for reports; to provide for confidentiality of information; to provide for notices; to prohibit certain conduct and provide for sanctions and penalties; to provide for immunity from liability; to provide for statutory construction, rules, and regulations; to provide for ineligibility of persons as community service board and regional board members; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, is amended by adding at the end a new article to read as follows:
"ARTICLE 2
37-2-30.
As used in this article, the term:
(1) 'Community ombudsman' means a person certified as a community ombudsman pursuant to Code Section 37-232.
(2) 'Disability' and 'disability services' have the same meaning as provided in Code Section 37-2-2.
(3) 'Nonprofit corporation' means a nonprofit corporation which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 and which is not a services provider.
(4) 'Program' means the community ombudsman program operated pursuant to Code Section 37-2-32.

Wednesday, March 22, 2000

2327

(5) 'Service recipient' means a person with a disability who receives or is eligible to receive disability services from a services provider which provides disability services in a regional board district in which the program is operated.
(6) 'Services provider' means a community service board or state or local governmental entity, but not a regional board, which provides disability services to service recipients in a regional board district in which the program is operated or which contracts for the provision of those services or any person, corporation, or business which provides disability services to service recipients in a regional board district in which the program is operated.
(7) 'State ombudsman' means the state ombudsman for mental health, mental retardation, and substance abuse created under Code Section 37-2-31.
37-2-31.
There is created the state ombudsman for mental health, mental retardation, and substance abuse who shall be a fulltime state employee under the supervision and direction of the consumers' insurance advocate in the Governor's Office of Consumer Affairs under Code Section 33-57-3. The state ombudsman shall have the powers and duties set forth in this article. The state ombudsman shall be a person qualified by training and experience in the field of disability services, have experience advocating for the rights of people with disabilities, and have the skills to perform the duties set forth in this article. The state ombudsman shall be free of a conflict of interest. The state ombudsman shall promote the well-being and quality of life of service recipients and encourage the development of community ombudsman activities at the local level.
37-2-32.
The state ombudsman shall contract with one or more corporations to operate a community ombudsman program in one or more regional board districts in this state. A corporation shall not be eligible for such contract unless that corporation has experience in complaint resolution for service recipients and secures as community ombudsmen only such persons as are certified as such by the state ombudsman. The state ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in this article. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the state ombudsman prior to certification.
37-2-33.
The state ombudsman shall:
(1) Establish policies and procedures for receiving, investigating, referring, and attempting to resolve complaints made by or on behalf of service recipients concerning any act, omission to act, practice, policy, or procedure of a services provider that may adversely affect the health, safety, or welfare of any service recipient or the delivery of disability services to such service recipient;
(2) Investigate and make reports and recommendations to the department and other appropriate agencies concerning any act or failure to act by any services provider with respect to its responsibilities and duties in connection with service recipients receiving or eligible to receive disability services from such provider;
(3) Establish a uniform state-wide reporting system to record data about complaints and conditions with regard to services providers and collect and analyze such data in order to identify significant problems affecting service recipients receiving or eligible to receive disability services from such providers;
(4) Promote the development of community ombudsmen activities and provide technical assistance as necessary;
(5) Make an annual written report, documenting the types of complaints and problems reported by service recipients and others on their behalf and include recommendations concerning needed policy, regulatory, and legislative changes. The annual report shall be submitted to the Governor and General Assembly and other appropriate agencies and organizations and made available to the public; and

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(6) As an advocate on behalf of service recipients, personally or through community ombudsmen:
(A) Represent the interests of service recipients before governmental agencies and seek administrative and other remedies to protect the health, safety, welfare, and rights of the service recipients; and
(B)(i) Analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the health, safety, welfare, and rights of the service recipients with respect to the adequacy of disability services in the state;
(ii) Recommend any changes in such laws, regulations, policies, and actions as the state ombudsman determines to be appropriate; and
(iii) Facilitate public comment on the laws, regulations, policies, and actions.
37-2-34.
Pursuant to policies and procedures established by the state ombudsman, each community ombudsman shall:
(1) Learn about the general conditions affecting service recipients and work for the best interest of these service recipients;
(2) Receive, investigate, and attempt to resolve complaints made by or on behalf of service recipients;
(3) Collect data about the number and types of complaints handled; and
(4) Report regularly to the state ombudsman about the data collected and the activities of the community ombudsmen.
37-2-35.
(a) The state ombudsman or a community ombudsman, on his or her initiative or in response to complaints made by or on behalf of service recipients, may conduct investigations in matters within his or her powers and duties as provided by this article.
(b) The state ombudsman or a community ombudsman shall have the authority to enter any premises or property of a services provider and shall use his or her best efforts to enter such premises or property during normal business hours. Upon entering such premises or property, the ombudsman shall notify the administrator or, in the absence of the administrator, the person in charge of the premises or property, before speaking to any service recipient. After notifying the administrator or the person in charge of the premises or property, the ombudsman may communicate privately and confidentially with service recipients in the premises or property, individually or in groups. The ombudsman shall have access to the medical, social, and disability records of any service recipient if:
(1) The ombudsman has the permission of the service recipient or the legal representative or guardian of the service recipient;
(2) The service recipient is unable to consent to the review and has no legal representative or guardian; or
(3) There is a guardian of the person of the service recipient and that guardian refuses to permit access to the records necessary to investigate a complaint, and:
(A) There is reasonable cause to believe that the guardian is not acting in the best interest of the service recipient; and
(B) A community ombudsman obtains the approval of the state ombudsman.

Wednesday, March 22, 2000

2329

As used in this Code section, the term 'legal representative' means an agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care; or an executor, executrix, administrator, or administratrix of the estate of a deceased service recipient. The ombudsman shall have the authority to inspect the physical plant and have access to the administrative records, policies, and documents of the premises or property to which the service recipients have or the general public has access. Entry and investigation as provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of disability services to service recipients.
(c) The state ombudsman or community ombudsman shall identify himself or herself as such to the service recipient, and the service recipient shall have the right to communicate or refuse to communicate with the ombudsman.
(d) The service recipient or the service recipient's legal representative shall have the right to participate in planning any course of action to be taken on the service recipient's behalf by the state ombudsman or community ombudsman, and the service recipient or such representative shall have the right to approve or disapprove any proposed action to be taken on the service recipient's behalf by such ombudsman.
(e) The state ombudsman or community ombudsman shall have the authority to obtain from any governmental agency or services provider which receives state funds for disability services, and such agency or provider shall provide cooperation and assistance, services, data, and access to, such files and records as will enable the ombudsman properly to perform his or her duties and exercise his or her powers, provided that such information is not privileged under any law.
(f) Where the subject of the investigation involves suspected abuse, neglect, or exploitation of a service recipient by his or her guardian, the state ombudsman or community ombudsman shall have the authority to communicate with the service recipient in a private and confidential setting notwithstanding any objection by the guardian to such meeting and communication.
(g) The state ombudsman shall ensure that adequate legal counsel is available, and is able, without conflict of interest, to:
(1) Provide advice and consultation needed to protect the health, safety, welfare, and rights of service recipients; and
(2) Assist the state and any community ombudsman in the performance of their official duties.
(h) The state ombudsman shall ensure that legal representation is provided to the state and any community ombudsman against whom suit or other legal action is brought or threatened to be brought in connection with the performance of their official duties.
37-2-36.
(a) Following an investigation, the state ombudsman or community ombudsman may report his or her opinions or recommendations to the party or parties affected thereby and shall attempt to resolve the complaint using, whenever possible, informal techniques of mediation, conciliation, and persuasion. With respect to a complaint against the services provider, the ombudsman may first notify the administrator or person in charge of that provider in writing and give such person a reasonable opportunity to correct any alleged defect. If the administrator or person in charge fails to take corrective action after a reasonable amount of time or if the defect seriously threatens the safety or wellbeing of any service recipient, the state ombudsman or community ombudsman may refer the complaint to the appropriate regional board and any other appropriate agency.
(b) Complaints or conditions adversely affecting service recipients which cannot be resolved in the manner described in subsection (a) of this Code section shall, whenever possible, be referred by the state ombudsman or community ombudsman to the appropriate regional board and any other appropriate agency.
(c) A community ombudsman shall not disclose to the public, either directly or indirectly, the identity of any services provider which is the subject of an investigation unless and until the matter has been reviewed by the office

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of the state ombudsman and the matter has been referred to the appropriate regional board and any other appropriate governmental agency for action.
37-2-37.
Any person who has reasonable cause to believe that a service recipient is being or has been abused, neglected, exploited, or abandoned or is in a condition which is the result of abuse, neglect, exploitation, or abandonment, or is being denied disability services for which such service recipient is eligible may report such information or cause a report to be made in any reasonable manner to the state ombudsman or community ombudsman, if any.
37-2-38.
The identity of any complainant, service recipient on whose behalf a complaint is made, or individual providing information on behalf of the service recipient or complainant relevant to the investigation of a complaint shall be confidential and may be disclosed only with the express permission of such person. The information produced by an investigation may be disclosed by the state ombudsman or community ombudsman only if the identity of any such person is not disclosed by name or inference. If the identity of any such person is disclosed by name or inference in such information, the information may be disclosed only with his or her express permission. If the complaint becomes the subject of a judicial proceeding, such investigative information may be disclosed for the purpose of the proceeding.
37-2-39.
The state ombudsman shall prepare and distribute to each services provider in the state and regional board in which the program is operated a written notice describing the program and the procedure to follow in making a complaint, including the address and telephone number of the state ombudsman and community ombudsman. The administrator or person in charge of such provider shall give the written notice required by this Code section to each service recipient who receives disability services from such provider and his or her legally appointed guardian, if any, upon first providing such services. The administrator or person in charge shall also post such written notice in conspicuous public places in the premises or property in which disability services are provided in accordance with procedures provided by the state ombudsman and shall give such notice to any service recipient and his or her legally appointed guardian, if any, who did not receive it upon the service recipient's first receiving disability services. The failure to provide the notices required by this Code section shall be a ground upon which the director of the division may impose the civil penalty authorized by paragraph (2) of subsection (c) of Code Section 37-2-40 under the conditions specified in subsection (d) of Code Section 37-2-40.
37-2-40.
(a) No person shall discriminate or retaliate in any manner against any service recipient or relative or guardian of a service recipient, any employee of a services provider, or any other person because of the making of a complaint or the providing of information in good faith to the state ombudsman or community ombudsman. No person shall willfully interfere with the state ombudsman or community ombudsman in the performance of his or her official duties.
(b) A member of a regional board or community service board who violates subsection (a) of this Code section shall be subject to permanent removal from such board by the director of the division.
(c) A services provider which violates subsection (a) of this Code section shall be subject to one or more of the following sanctions which may be imposed by the director of the division:
(1) The termination of any contract for which state funds are received for the provision of disability services if such contract was executed on or after the date this article becomes effective;
(2) The payment of a civil penalty not to exceed $5,000.00 for each violation; or

Wednesday, March 22, 2000

2331

(3) Having to suspend without pay for a period of at least two months or terminate any employee of such provider determined to have committed the violation.
(d) An action against a member of a regional board, community service board, or services provider under this Code section shall be a contested case within Article 1 of Chapter 13 of Title 50, relating to administrative procedure.
37-2-41.
Notwithstanding any other provision of law, no person providing information, including but not limited to service recipient records, to the state ombudsman or community ombudsman shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing such information knew or had reason to believe that it was false.
37-2-42.
Any person who, in good faith, makes a complaint or provides information as authorized in this article shall incur no civil or criminal liability therefor. Any state or community ombudsman who, in good faith, performs his or her official duties, including but not limited to making a statement or communication relevant to a complaint received or an investigative activity conducted pursuant to this article, shall incur no civil or criminal liability therefor.
37-2-43.
Nothing in this article shall be construed to limit the power of the department to investigate complaints where otherwise authorized by law.
37-2-44.
The state ombudsman shall promulgate rules and regulations to implement this article."
SECTION 2.
Said chapter is further amended by striking subsection (b.2) of Code Section 37-2-5, relating to policy duties of regional boards, and inserting in its place the following:
"(b.2)(1) A member of the community service board may not also serve as a member of the regional board or be an employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from the community service board. A person shall not be eligible to be appointed to or serve on a community service board if such person is:
(A) A member of the regional board which serves the region in which that community service board is included; or
(B) An employee of that community service board or employee or board member of any private or public group, organization, or service provider which contracts with or receives funds from that community service board.
(2) A person shall not be eligible to be appointed to or serve on a community service board if such person's spouse, parent, child, or sibling is a member of that community service board or a member, employee, or board member specified in subparagraph (A) or (B) of paragraph (1) of this subsection. With respect to appointments by the same county governing authority, no person who has served a full term or more on a community service board may be appointed to a regional board until a period of at least two years have passed since the time such person served on the community service board, and no person who has served a full term or more on a regional board may be appointed to a community service board until a period of at least two years have passed since the time such person served on the regional board."
SECTION 3.

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Section 1 of this Act shall become effective only if funds are specifically appropriated for the purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. The remaining provisions of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Madden of the 47th moved that the Senate agree to the House substitute to SB 479 as amended by the following amendment:
Amend the House substitute to SB 479 by striking "reports" and inserting "reports and legal representation" on line 16 of page 1.
By adding "nonprofit" preceding "corporations" on line 4 of page 3.
By adding "nonprofit" preceding "corporation" on line 7 of page 3.
By adding after line 41 of page 3 the following:
"(5) Promote the interests of service recipients before governmental agencies and seek administrative and other remedies to protect the health, safety, welfare, and rights of the service recipients; and
(A) Analyze, comment on, and monitor the development and implementation of federal, state, and local laws, regulations, and other governmental policies and actions that pertain to the health, safety, welfare, and rights of the service recipients with respect to the adequacy of disability services in the state;
(B) Recommend any changes in such laws, regulations, policies, and actions as the state ombudsman determines to be appropriate; and
(C) Facilitate public comment on the laws, regulations, policies, and actions; and".
By striking "(5)" and inserting "(6)" on line 1 of page 4.
By striking "; and" and inserting a period on line 8 of page 4.
By striking lines 9 through 26 of page 4.
By striking "premises" and inserting "facility, premises," on lines 8, 10, and 11 of page 5, on line 2 of page 6, and on line 35 of page 8.
By striking "the premises" and inserting "such facility, premises," on lines 13 and 14 of page 5 and on lines 16 and 18 of page 5.
By striking "of a services provider" on lines 8 and 9 of page 5 and inserting "where disability services are provided".
By striking lines 36 through 41 of page 6 and lines 1 and 2 of page 7 and inserting in their place the following:
"(g) The state ombudsman shall advise the service recipient of the need for adequate legal counsel as well as consultation needed to protect the health, safety, welfare, and rights of the service recipient."
By striking lines 3 through 7 of page 7.
By striking "If" and inserting "If so notified and" on line 18 of page 7.

Wednesday, March 22, 2000

2333

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun
Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan
Fort Y Gillis Y Gingrey Y Golden N Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens
Stokes Y Streat
Tanksley Tate Thomas,D Y Thomas,N Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 479 as amended by the Senate.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the following bill of the House:

HB 818.

By Representative Harbin of the 113th:

A bill to amend Code Section 33-24-44 of the Official Code of Georgia Annotated, relating to cancellation of policies generally, so as to provide that notice of cancellation shall not be required in certain cases.

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 462.

By Senators Hecht of the 34th and Starr of the 44th:

A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered without prior approval; to provide for duties of the Secretary of State regarding applications for registration; to repeal conflicting laws.

The Speaker has appointed on the part of the House, Representatives Hudson of the 156th, Ray of the 128th and Sims of the 167th.

The following bill was taken up to consider House action thereto:

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HB 1224. By Representatives Stancil of the 16th and Royal of the 164th:
A bill to be entitled an Act to amend Code Section 48-5-442 of the Official Code of Georgia Annotated, relating to the uniform evaluation of motor vehicles, so as to change certain provisions regarding the state revenue commissioner's determination of the valuation of motor vehicles; to provide an effective date; to repeal conflicting laws; and for other purposes.
The House amendment to the Senate amendment was as follows:
Amend the Senate amendment to HB 1224 by striking the following:
"Amend H.B. 1224 by deleting lines 23 and 24 on page 2 and inserting in lieu thereof the following:
'This Act shall become effective January 1, 2001.'",
and inserting in its place the following:
"Amend HB 1224 by striking lines 1 through 27 of page 1 and inserting in their 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 regarding terms of office, vacancies, and removal of members of county boards of tax assessors; to change certain provisions regarding the state revenue commissioner's determination of the valuation of motor vehicles; to provide for effective dates and applicability; to provide for 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 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (b) of Code Section 48-5-295, relating to terms of office, vacancies, and removal of members of county boards of tax assessors, and inserting in its place a new subsection (b) to read as follows:
"(b) A member of the county board of tax assessors may be removed by the county governing authority only for cause shown for the failure to perform the duties or requirements or meet the qualifications imposed upon him such member by law including, but not limited to, the duties, requirements, and qualifications specified pursuant to Code Section 48-5-295.1 and subsection (e) of Code Section 48-5-262. No member of the board who is also employed by the county as a staff appraiser under Code Section 48-5-262 may be removed by the county governing authority during his such member's term of appointment until the member has been afforded an opportunity for a hearing before the judge of the superior court of the county for recommendations by the judge of the superior court to the county governing authority regarding such removal."
SECTION 2.
Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 48-5-442, relating to the uniform evaluation of motor vehicles, and inserting in its place a new paragraph (1) to read as follows:
"(a)(1)(A) For the taxable year beginning January 1, 2001, only, the commissioner shall prepare and distribute to each of the tax collectors and tax commissioners a uniform evaluation of all motor vehicles for use as the taxable value of the motor vehicles subject to this article. Each evaluation shall reflect the value which would result from taking 75 percent of the current fair market value and 25 percent of the current wholesale value for all motor vehicles as determined by the commissioner.
(B) For all taxable years beginning on or after January 1, 2002, the The commissioner shall prepare at least annually and distribute to each of the tax collectors and tax commissioners a uniform evaluation of all motor vehicles for use

Wednesday, March 22, 2000

2335

as the taxable value of the motor vehicles subject to this article. Each evaluation shall reflect the average of the current fair market value and the current wholesale value for all motor vehicles as determined by the commissioner."

SECTION 3.

(a) Section 1, this section, and Section 4 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. Section 1 of this Act shall supersede and control over any provision of House Bill 1296 to the contrary. If House Bill 1296 is not approved by the Governor or does not become law without such approval, Section 1 of this Act shall not become effective and shall stand repealed in its entirety.

(b) Section 2 of this Act shall become effective on January 1, 2001.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.'"

Senator Ladd of the 41st moved that the Senate agree to the House amendment to the Senate amendment to HB 1224.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley
Tate Thomas,D Y Thomas,N Thomas,R Y Thompson Walker Y Williams

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 1224.
The following bill was taken up to consider House action thereto:
SB 439. By Senators Meyer von Bremen of the 12th, Lee of the 29th and Ragan of the 11th:
To be entitled an Act to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions concerning administrative procedure, so as to provide for additional definitions; to change certain time limits for the giving of notice concerning the adoption, amendment, or repeal of rules; to change certain provisions relating to providing copies of proposed rules to the legislative counsel; to change the requirements relating to the Secretary of State and the

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keeping of files and records; to change the provisions relating to the effective date of rules; to provide for the publication of rules, compilations, and bulletins in print and electronically; to repeal conflicting laws; and for other purposes.
The House amendments were as follows:
House amendment #1:
Amend Senate Bill 439 on page 5, line 40 by deleting "21" and inserting in lieu thereof "30". Further amend on page 7, line 25 by deleting "month" and inserting in lieu thereof "quarter".
House amendment #2:
Amend SB 439 by adding after the semicolon on line 12 of page 1 the following:
"to amend Code Section 21-5-7 of the Official Code of Georgia Annotated, relating to administrative procedure on complaints filed with the State Ethics Commission, so as to change provisions relating to notice of such complaints; to provide for the commission's adoption of rules relating to complaints alleging technical violations and cure of such violations prior to further proceedings; to provide for related matters;".
By renumbering Section 6 as Section 7 and inserting a new Section 6 to read as follows:
"SECTION 6.
Code Section 21-5-7 of the Official Code of Georgia Annotated, relating to administrative procedure on complaints filed with the State Ethics Commission, is amended by striking the Code section in its entirety and inserting in its place a new Code section to read as follows:
'21-5-7.
(a) The commission shall not initiate any investigation or inquiry into any matter under its jurisdiction based upon the complaint of any person unless that person shall reduce the same in writing and verify the same under oath to the best information, knowledge, and belief of such person, the falsification of which shall be punishable as false swearing under Code Section 16-10-71. The person against whom any complaint is made shall be furnished or mailed a copy of the complaint by the commission within five business days after the filing immediately upon the commission's receipt of such complaint and prior to any other public dissemination of such complaint. Nothing in this Code section, however, shall be construed to limit or encumber the right of the commission to initiate on probable cause an investigation on its own cognizance as it deems necessary to fulfill its obligations under this chapter.
(b) The commission shall adopt rules which shall provide that:
(1) Upon the commission's receipt of a complaint, a determination shall be made as to whether the complaint relates to an alleged technical defect in a filing. For this purpose, a technical defect shall be a defect such as a failure to include a date or an incorrect date, a failure to include a contributor's occupation or an incorrect occupation, a failure to include an address or an incorrect address, or any other similar technical defect as specified by rule of the commission;
(2) When the commission determines that a complaint relates to a technical defect in a filing, the subject of the complaint shall be given a period of ten days to correct the alleged technical defect. During such ten-day period the complaint shall be considered as received by the commission but not yet filed with the commission. If during such ten-day period the alleged technical violation is cured by an amended filing or otherwise, or if during such ten-day period the subject of the complaint demonstrates that there is no technical violation as alleged, the complaint shall be disposed of without filing or further proceedings and no penalty shall be imposed.'"
Senator Meyer von Bremen of the 12th moved that the Senate agree to the House amendments to SB 439.

Wednesday, March 22, 2000

2337

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort
Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr
Stephens Stokes Y Streat Y Tanksley Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson Walker Y Williams

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 439.

Senator Brush of the 24th moved that the following bill, having been placed on the Table on March 20, be taken from the Table:

HB 326. By Representatives Reichert of the 126th, Trense of the 44th and Smith of the 109th:

A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Annotated, relating to operators of private detective businesses and private security businesses, so as to define certain terms; to amend the definition of certain terms; to amend licensing and registration qualifications; and for other purposes.

Senate Sponsor: Senator Brush of the 24th.

On the motion, the yeas were 44, nays 0; the motion prevailed, and HB 326 was taken from the Table. Pursuant to Senate Rule 111, HB 326, having been taken from the Table, was put upon its passage.

Senator Marable of the 52nd asked unanimous consent that Senator Crotts of the 17th be excused. The consent was granted, and Senator Crotts was excused.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson

Y Price,R Y Price,T Y Ragan
Ray Y Scott Y Smith
Starr

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Y Butler Cable
Y Cagle Y Cheeks E Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee
M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Stephens Stokes
Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N
Thomas,R Thompson Walker Y Williams

On the passage of the bill, the yeas were 44, nays 0.

The bill, having received the requisite constitutional majority, was passed.

Senator Perdue of the 18th recognized Susan Wells Drechsel, commended by SR 815, adopted previously.

The following bill was taken up to consider House action thereto:

SB 443. By Senators Fort of the 39th and Walker of the 22nd:

A bill to be entitled an Act to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Office of Housing, so as to provide that single family affordable housing constructed on or after July 1, 2000, with state or federal funds awarded by the State Office of Housing shall contain certain features to make such housing more accessible to persons with mobility impairments; to authorize the State Office of Housing to grant certain waivers; to provide for an effective date; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Office of Housing, so as to provide that single family affordable housing constructed with state or federal funds awarded by the State Office of Housing shall contain certain features to make such housing more accessible to persons with mobility impairments; to authorize the State Office of Housing to grant certain waivers; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Office of Housing, is amended by adding at the end thereof a new Code Section 8-3-172 to read as follows:
"8-3-172.
(a) The State Office of Housing shall award state or federal funds to construct single family affordable housing for individuals and families of low and very low income only to persons whose application indicates that the affordable housing that is the subject of the application and for which a building permit is issued on or after July 1, 2000, will be constructed so that:

Wednesday, March 22, 2000

2339

(1) At least one entrance door, whether located at the front, side, or back of the building:

(A) Is on an accessible route served by a ramp or no-step entrance; and

(B) Has at least a standard 36 inch door;

(2) On the first floor of the building:

(A) Each interior door is at least a standard 32 inch door, unless the door provides access only to a closet of less than 15 square feet in area;

(B) Each hallway has a width of at least 36 inches and is level, with ramped or beveled changes at each door threshold;

(C) Each bathroom wall is reinforced for potential installation of grab bars;

(D) Each electrical panel or breaker box, light switch, or thermostat is not higher than 48 inches above the floor; and

(E) Each electrical plug or other receptacle is at least 15 inches above the floor; and

(3) The main breaker box is located inside the building on the first floor.

(b) A person who builds single family affordable housing to which this Code section applies may obtain a waiver from the State Office of Housing of the requirement described in subparagraph (a)(1)(A) of this Code section if the cost of grading and other improvements to the terrain which are required in order to meet the requirement of such subparagraph is unreasonably expensive."

SECTION 2.

This Act shall become effective on July 1, 2000.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

Senator Fort of the 39th moved that the Senate agree to the House substitute to SB 443.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush
Burton Y Butler
Cable Y Cagle Y Cheeks E Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith
Starr Y Stephens Y Stokes Y Streat
Tanksley Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson Walker

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Y Golden Guhl

Y Perdue Y Polak

Y Williams

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 443.
The following resolution was taken up to consider House action thereto:
HR 1053. By Representative Bailey of the 93rd: A resolution compensating Mr. Calvin C. Johnson, Jr.; and for other purposes.
Senator Golden of the 8th moved that the Senate adhere to its amendment and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Golden of the 8th, Harbison of the 15th and Brush of the 24th.
The following message was received from the House through Mr. Rivers, the Clerk thereof:
Mr. President: The House has disagreed to the Senate substitute to the following bill of the House:

HB 1441.

By Representative Murphy of the 18th:

A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety and the Department of Motor Vehicle Safety.

The House has agreed to the Senate amendment to the House substitute, as amended by the House, to the following bill of the Senate:

SB 331.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th, Blitch of the 7th and others:

A bill to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to dealers in agricultural products, so as to change the provisions relating to the exemption of holders of food sales establishment licenses from the provisions of such article; to repeal conflicting laws.

The following bill was taken up to consider House action thereto:

HB 1441. By Representative Murphy of the 18th:

A bill to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety and the Department of Motor Vehicle Safety; to provide for the responsibilities of the new department with respect to laws relating to registration and titling of motor vehicles, issuance and control of drivers' licenses, vehicle size and weight, fuel tax registration, motor carrier safety, and other laws formerly the responsibility of the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

Wednesday, March 22, 2000

2341

Senator Thompson of the 33rd moved that the Senate insist on its substitute to HB 1441.

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1441.

The following bill was taken up to consider House action thereto:

HB 1206. By Representatives Scheid of the 17th, Stuckey of the 67th, Squires of the 78th and others:

A bill to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide training requirements for clerks of the juvenile courts; to provide for clerks pro tempore; to provide for certificates and expenses; to provide for exceptions; to repeal conflicting laws; and for other purposes.

Senator Jackson of the 50th moved that the Senate adhere to its amendment and that a Conference Committee be appointed.

On the motion, the yeas were 29, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Jackson of the 50th, Huggins of the 53rd and Hamrick of the 30th.

The following resolution was taken up to consider House action thereto:

SR 491. By Senators Starr of the 44th, Walker of the 22nd and Meyer von Bremen of the 12th:

A resolution creating the General Assembly's Commission on Juvenile Gangs; to provide for the membership, powers, duties, and mission of the commission; to provide for related matters; and for other purposes.

The House amendment was as follows:

Amend SR 491 by changing the word "ten" to the word "five" on line 12, page 2, and by changing the date "July 1, 2001" to the date "December 31, 2000" on lines 23 and 24, page 2.

Senator Meyer von Bremen of the 12th moved that the Senate agree to the House amendment to SR 491.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch
Bowen Y Broun Y Brown
Brush Y Burton Y Butler Y Cable Y Cagle
Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Hamrick Harbison
Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T
Ragan Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson Walker Y Williams

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On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 491.
Senator Ray of the 48th moved that the following bill, having been placed on the Table on March 20, be taken from the Table:

HB 1354. By Representative Crawford of the 129th:

A bill to be entitled an Act to amend Part 1 of Article 3 of Chapter 3 of Title 23 of the Official Code of Georgia Annotated, relating to conventional quia timet, so as to provide for optional submission to a special master; to provide for the use of conventional quia timet to remove clouds on title caused by equities of redemption following tax sales; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Ray of the 48th.
On the motion, the yeas were 48, nays 1; the motion prevailed, and HB 1354 was taken from the Table. Pursuant to Senate Rule 111, HB 1354, having been taken from the Table, was put upon its passage.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan N Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht
Hill Y Hooks Y Huggins
Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 48, nays 1.

The bill, having received the requisite constitutional majority, was passed.

The following bill was taken up to consider House action thereto:

HB 1180. By Representative Parham of the 122nd:

A bill to be entitled an Act to amend Code Section 40-6-45 of the Official Code of Georgia Annotated, relating to further limitations on driving on left of center of roadway, so as to change certain provisions relating to intersections and railroad grade crossings; to repeal conflicting laws; and for other purposes.

Wednesday, March 22, 2000

2343

The House amendment to the Senate substitute was as follows:
Amend the Senate substitute to HB 1180 by striking lines 8 through 11 of page 1 and inserting in lieu thereof the following:
"applicants; to provide for regulations governing driver's license disqualifications for certain disorders and disabilities; to provide that uniformed law enforcement officers of an agency who are assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state shall wear the same type uniform as other members of the assigned division of such officers' respective agencies; to provide that law enforcement officers assigned to special operations activities may wear other identifiable uniforms or other clothing appropriate to an operation upon approval of the sheriff, chief of police, or other agency head; to provide that whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent roof mount blue lights; to provide an exception; to provide that an otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Act; to change certain".
By striking lines 13 through 16 of page 1 and inserting in lieu thereof the following:
"to provide for traffic citation".
By striking lines 21 and 22 on page 1 and inserting the following:
"Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding at the end of Chapter 1, relating to general provisions, two new Code sections to read as follows:
'40-1-6.
Uniformed law enforcement officers of an agency who are assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state shall wear the same type uniform as other members of the assigned division of such officers' respective agencies. Officers assigned to special operations activities may wear other identifiable uniforms or other clothing appropriate to an operation upon approval of the sheriff, chief of police, or other agency head. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section.
40-1-7.
Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent roof mount blue lights; provided, however, that the provisions of this Code section shall not apply to law enforcement officers operating vehicles manufactured prior to 2001. This Code section shall not apply to any officer assigned to special operations activities or responding to an immediate threat to public safety as a result of an accident or other emergency. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section.'
SECTION 1.1.
Said title is further amended by striking".
By striking Sections 2 and 3 in their entirety.
By redesignating Section 1A as Section 2.
By inserting after line 38 on page 2 the following:

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"SECTION 3.

Said title is further amended in Code Section 40-5-35, relating to reports by physicians and vision specialists and procedures when persons are found unqualified to be licensed to operate motor vehicles, by striking subsection (a) and inserting in lieu thereof the following:

'(a) The Driver License Advisory Board appointed by the department shall define disorders characterized by lapses of consciousness or other mental or physical disabilities affecting the ability of a person to drive safely for the purpose of the reports required by this Code section, and the Board of Public Safety may use these definitions to promulgate regulations making such disorders and disabilities disqualifications, under certain conditions, for obtaining or keeping a driver's license for any class or classes of vehicles; provided, however, that a person shall not be disqualified from obtaining a noncommercial Class C driver's license for having had an episode of lapsed or altered consciousness due to epilepsy unless such an episode occurred within the immediately preceding six-month period.'"

By striking line 25 of page 5 and inserting in lieu thereof the following:

"fine of not less than $100.00 nor more than".

Senator Cheeks of the 23rd moved that the Senate disagree to the House amendment to the Senate substitute to HB 1180.

On the motion, the yeas were 34, nays 1; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 1180.
Senator Butler of the 55th asked unanimous consent that Senator Jackson of the 50th be excused. The consent was granted, and Senator Jackson was excused.
The following bill was taken up to consider the Conference Committee report thereto:

HB 172. By Representatives Coleman of the 142nd, Childers of the 13th, Sinkfield of the 57th and others:

A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services from the Department of Human Resources to the Department of Labor; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on HB 172 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 172 be adopted.

Respectfully submitted, FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Lee of the 29th /s/ Senator Madden of the 47th /s/ Senator Golden of the 8th

/s/ Representative Parrish of the 144th /s/ Representative Heard of the 89th /s/ Representative Sinkfield of the 57th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 172 A BILL

Wednesday, March 22, 2000

2345

To be entitled an Act to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services, including but not limited to the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, from the Department of Human Resources to the Department of Labor; to provide for definitions; to provide for the transfer of programs, institutions, and property; to provide for the transfer of funds, positions, officers, employees, agents, and other personnel and for rights and benefits relating thereto; to provide for consultations regarding certain changes and provide for availability of records and information; to provide for powers, duties, and functions of the Division of Rehabilitation Services of the Department of Labor; to provide for responsibility for accrued compensatory time; to provide for service delivery regions; to provide for rules and regulations, policies, and orders and for rights and duties under certain agreements; to provide for duties, powers, and functions of the Commissioner of Labor and the Department of Labor; to provide for the director of the Division of Rehabilitation Services and the duties, functions, and compensation thereof; to provide for funding, agreements, budgeting, and appropriations; to provide for gifts; to provide for rehabilitation services and financial assistance; to provide for hearings and administrative procedure; to provide for rights and for subrogation and liens; to provide for property and its disposition; to prohibit certain conduct and provide for penalties; to provide for amendments and repeal and rights relating thereto; to provide for vending facilities for certain persons with disabilities; to amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, so as to transfer the direction and supervision of such industries to the Department of Labor; to provide for property and reserve funds of such industries; to provide for compensation of workers in such industries; to specifically repeal certain laws and change and correct crossreferences to certain laws and to the Division of Rehabilitation Services; to substitute "persons with disabilities" for certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding at the end a new chapter to read as follows:
"CHAPTER 15
ARTICLE 1
34-15-1.
As used in this chapter, the term or terms:
(1) 'Blind person' means a person who has:
(A) Not more than 20/200 central visual acuity in the better eye after correction; or
(B) An equally disabling loss of the visual field.
(2) 'Commissioner' means the Commissioner of Labor.
(3) 'Department' means the Department of Labor.
(4) 'Director' means the official of the division who is charged with the administration of its functions under this chapter.
(5) 'Disability to employment' means a physical or mental condition which constitutes, contributes to, or, if not corrected, will probably result in an impairment of occupational performance.
(6) 'Division' means the Division of Rehabilitation Services of the Department of Labor.

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(7) 'Occupational license' means any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation.
(8) 'Person with disabilities' means an individual having a physical or mental impairment that substantially limits one or more of the major life activities.
(9) 'Prosthetic appliance' means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ.
(10) 'Regulations' means regulations made by the Commissioner and promulgated in the manner prescribed by law.
(11) 'Rehabilitation center' means a facility operated for the purpose of assisting in the rehabilitation of persons with disabilities which provides one or more of the following types of services:
(A) Testing, fitting, or training in the use of prosthetic devices;
(B) Prevocational or conditioning therapy;
(C) Physical, corrective, or occupational therapy; or
(D) Adjustment training or evaluation or control of special disabilities; or a facility in which a coordinated approach is made to the physical, mental, and vocational evaluation of persons with disabilities and an integrated program of physical restoration and relating training is provided under competent professional supervision and direction.
(12) 'Rehabilitation training' means all necessary training provided to a person with disabilities to compensate for his or her disability to employment, including, but not limited to, manual preconditioning, relating, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities.
(13) 'Vocational rehabilitation' and 'vocational rehabilitation services' mean any service, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a person with disabilities for his or her disability to employment and to enable such individual to engage in a remunerative occupation.
(14) 'Workshop' means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing rehabilitative activities, including the use of monetary rewards as an incentive practice for persons with disabilities unable to engage in the competitive labor market. Persons receiving services in workshops shall not be considered as employees of the state for workers' compensation, retirement, or any other purposes.
34-15-2.
(a) The Division of Rehabilitation Services within the Department of Human Resources, including the disability adjudication section and the Roosevelt Warm Springs Institute for Rehabilitation, is transferred to the Department of Labor on July 1, 2001, and that division shall become the Division of Rehabilitation Services of the Department of Labor on July 1, 2001. The functions, duties, programs, institutions, and authority of the Division of Rehabilitation Services which were vested in the Department of Human Resources on June 30, 2001, are vested in the Department of Labor effective July 1, 2001. The division shall be administered by a director appointed by the Commissioner. The policy-making functions which were vested in the Board of Human Resources or the Department of Human Resources pertaining to the Division of Rehabilitation Services are vested in the Commissioner of Labor effective July 1, 2001.
(b) The Department of Labor shall, from July 1, 2001, assume possession and control of all records, papers, equipment, supplies, office space, and all other tangible property possessed and controlled by the Department of Human Resources as of June 30, 2001, in the Department of Human Resources' administration of the Division of Rehabilitation Services. All funds attributable to the Division of Rehabilitation Services and its programs and institutions from state, federal, and any other public or private source, shall be transferred to the Department of Labor on July 1, 2001.

Wednesday, March 22, 2000

2347

(c) The Department of Human Resources shall calculate, in consultation with the Department of Labor, the amount of all funds of or attributable to the Division of Rehabilitation Services and its programs and institutions from any source that are used to provide administrative or other services within the Department of Human Resources, including funds from the disability adjudication section, the cost allocation system, and any indirect costs funding from the federal government or any other source. The amount calculated shall be transferred to the Department of Labor on July 1, 2001. Any changes or amendments made to the structure or placement of division programs and institutions, the allocation and expenditure of division funds, division rules, regulations, policies and procedures, or the administrative orders of the Department of Human Resources pertaining to the division, between the date this subsection becomes effective and July 1, 2001, shall be made in consultation with the Commissioner of Labor. In addition, on and after this subsection becomes effective, the Department of Human Resources shall make available to the Department of Labor all records and information of the Department of Human Resources and the Division of Rehabilitation Services which relate to the functions, duties, and administration of the division, to assist in the orderly transfer of the division to the Department of Labor.
(d) All officers, employees, and agents of the Division of Rehabilitation Services who, on June 30, 2001, are engaged in the performance of a function or duty which shall be vested in the Division of Rehabilitation Services of the Department of Labor on July 1, 2001, by this chapter, shall be automatically transferred to the Department of Labor on July 1, 2001. An equivalent number of positions or funds of the Department of Human Resources which provide administrative support to the Division of Rehabilitation Services shall be transferred to the Department of Labor on July 1, 2001. Such persons shall be subject to the employment practices and policies of the Department of Labor on and after July 1, 2001, but consistent with the compensation and benefits of other employees of that department holding positions substantially the same as the transferred employees, the compensation and benefits of such transferred employees shall not be reduced. Employees who are subject to the State Merit System of Personnel Administration and who are transferred to the Division of Rehabilitation Services of the Department of Labor shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on June 30, 2001, shall not be impaired or interrupted by the transfer of such employees, and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 2001. Accrued annual and sick leave shall be retained by said employees as employees of the Department of Labor. The Department of Human Resources shall be responsible for payment of the accrued Fair Labor Standards Act compensatory time possessed by said employees. Such accrued compensatory time shall be used by or paid to said employees prior to July 1, 2001.
(e)(1) The Division of Rehabilitation Services of the Department of Labor is the designated state unit for the vocational rehabilitation program.
(2) The Division of Rehabilitation Services of the Department of Labor shall conform to federal standards in all respects necessary for receiving federal grants and the Commissioner of the Department of Labor is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards.
(3) The Division of Rehabilitation Services of the Department of Labor is authorized to employ, on a full or parttime basis, such medical, psychiatric, social work, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the division under this chapter. The division is also authorized to contract for such professional services as may be necessary.
(4) Classified employees of the Division of Rehabilitation Services of the Department of Labor under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration.
(5) All personnel of the Division of Rehabilitation Services of the Department of Labor are authorized to be members of the Employees' Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Labor, or otherwise had by persons at the time of employment with that department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights,

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credits, or funds to which they may be entitled prior to becoming employees of the Division of Rehabilitation Services of the Department of Labor.
(f) The Department of Labor shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources which are in effect on June 30, 2001, and which relate to the functions of the Division of Rehabilitation Services. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law.
(g) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1, 2001, by the Department of Human Resources or the Division of Rehabilitation Services pertaining to the Division of Rehabilitation Services transferred to the Department of Labor by this chapter shall continue to exist; and none of these rights, privileges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Labor. In all such instances, the Department of Labor shall be substituted for the Department of Human Resources or the Division of Rehabilitation Services, and the Department of Labor shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.
(h) The Division of Rehabilitation Services of the Department of Labor shall conform all service delivery regions to the state service delivery regions provided in subsection (a) of Code Section 50-4-7.
34-15-3.
In carrying out his or her duties under this chapter, the director of the Division of Rehabilitation Services of the Department of Labor:
(1) Shall, with the approval of the Commissioner, prepare such regulations for promulgation by the Commissioner as he or she finds necessary to carry out the purposes of this chapter;
(2) Shall, with the approval of the Commissioner, prepare such policies and procedures as he or she finds necessary for the purposes of this chapter and establish appropriate subordinate administrative units within the division;
(3) Shall recommend to the Commissioner for appointment such personnel as he or she deems necessary for the efficient performance of the functions of the division;
(4) Shall prepare and submit to the Commissioner annual reports of activities and expenditures and, prior to each regular session of the General Assembly, estimates of sums required for carrying out this chapter and estimates of the amounts to be made available for this purpose from all sources;
(5) Shall make certification for disbursement, in accordance with regulations, of funds available for carrying out the purposes of this chapter;
(6) May, with the approval of the Commissioner, delegate to any officer or employee of the division such of his or her powers and duties, except the making of regulations and the appointment of personnel, as he or she finds necessary to carry out the purposes of this chapter; and
(7) Is designated as the administrator of a program provided under Section 221 of the federal Social Security Act, relating to disability adjudication services. The director shall receive, notwithstanding any other provision of law and in addition to his or her regular compensation, such compensation and allowance as may be augmented from grants by the appropriate federal agency in such amount as is determined by the federal agency to be commensurate with the duties imposed by Section 221 of the federal Social Security Act.
34-15-4.
The department, through the division, shall provide the services authorized by this chapter to persons with disabilities determined to be eligible therefor; and, in carrying out the purposes of this chapter, the division is authorized, among other things:

Wednesday, March 22, 2000

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(1) To cooperate with other departments, agencies, and institutions, both public and private, in providing the services authorized by this chapter to persons with disabilities; in studying the problems involved therein; and in establishing, developing, and providing, in conformity with the purposes of this chapter, such programs, facilities, and services as may be necessary or desirable;
(2) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the state concerned;
(3) To conduct research and compile statistics relating to the provision of services or the need of services by persons with disabilities;
(4) To license blind persons or other persons with disabilities to operate vending facilities under its supervision and control, subject to the terms and conditions provided in regulations, policies, and procedures issued pursuant to paragraphs (1) and (2) of Code Section 34-15-3, on:
(A) State property;
(B) County or municipal property;
(C) Federal property, pursuant to delegation of authority under the Randolph-Sheppard Act (20 U.S. Code, Section 107b) (49 Stat. 1559) and any amendment thereto or any act of Congress relating to this subject; and
(D) Private property; and
(5) To provide for the establishment, supervision, and control of suitable business enterprises to be operated by persons with disabilities.
34-15-5.
The Division of Rehabilitation Services is authorized to utilize funds made available from appropriations by Congress, by gifts or grants from private sources, by appropriations of the General Assembly, or by transfer of funds from other state departments for the purpose of establishing and operating rehabilitation centers and workshops.
34-15-6.
The department, through the division, is empowered and directed to cooperate, pursuant to agreements with the federal government, in carrying out the purposes of any federal statutes pertaining to the purposes of this chapter. The department is authorized to adopt such methods of administration as are found by the federal government to be necessary for the proper and efficient operation of such agreements and to comply with such conditions as may be necessary to secure the full benefits of such federal statutes and appropriations, to administer any legislation pursuant thereto enacted by this state, to direct the disbursement and administer the use of all funds provided by the federal government or this state for the purposes of this chapter, and to do all things necessary to ensure the vocational rehabilitation of persons with disabilities.
34-15-7.
The Office of Treasury and Fiscal Services is designated as custodian of all moneys received from the federal government for the purpose of carrying out any federal statutes pertaining to the purpose of this chapter. The Office of Treasury and Fiscal Services shall make disbursements from such funds and all state funds available for such purposes, upon certification in the manner provided in paragraph (5) of Code Section 34-15-3.
34-15-8.
Budget estimates of the amount of appropriations needed each fiscal year for vocational rehabilitation services and for the administration of the programs under this chapter shall be submitted by the director to the Commissioner and,

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upon approval by the Commissioner, shall be included in the estimates made by the Commissioner to the Office of Planning and Budget. In the event federal funds are available to the state for vocational rehabilitation purposes, the Division of Rehabilitation Services is authorized to comply with such requirements as may be necessary to obtain said federal funds in the maximum amount and most advantageous proportion possible insofar as this may be done without violating other provisions of the state law and Constitution. In the event Congress fails in any year to appropriate funds for grants-in-aid to the state for vocational rehabilitation purposes, the Commissioner shall include as a part of his or her budget a request for adequate state funds for vocational rehabilitation purposes.
34-15-9.
The director is authorized and empowered, with the approval of the Commissioner, to accept and use gifts made unconditionally, by will or otherwise, for carrying out the purposes of this chapter. Gifts made under such conditions as are proper and consistent with this chapter may be so accepted and shall be held, invested, reinvested, and used in accordance with the conditions of the gift.
34-15-10.
(a) Vocational rehabilitation services shall be provided to any qualified individual who is a bona fide resident of the state.
(b) The financial need of eligible persons with disabilities will be considered in the provision of vocational rehabilitation services to the extent allowed by federal or other state law.
34-15-11.
The Division of Rehabilitation Services of the Department of Labor is the designated state unit for the independent living program. The independent living program is authorized to provide or contract for the provision of such services as may be needed to enable persons with disabilities to attain the maximum degree of independent living. The powers delegated and authorized in this Code section for the division shall be in addition to those previously authorized by any other law. The department is authorized to cooperate with any federal agency in the administration of such a program.
34-15-12.
Any individual applying for or receiving vocational rehabilitation services who is aggrieved by any action or inaction of the division shall be entitled, in accordance with regulations, to a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act' and in accordance with applicable federal laws and regulations.
34-15-13.
Any rights of persons with disabilities to maintenance under this chapter shall not be transferable or assignable at law or in equity and shall be exempt from the claims of creditors.
34-15-14.
Where a person with disabilities who receives vocational rehabilitation services is covered by a hospitalization or medical insurance policy, the Division of Rehabilitation Services shall be subrogated to the rights of such person with disabilities to recover in an amount not to exceed the cost of vocational rehabilitation services rendered by the Division of Rehabilitation Services, exclusive of those services for which eligibility is not predicated on the need for financial assistance. Where the person with disabilities receives vocational rehabilitation services without disclosing that he or she is covered by a hospitalization or medical insurance policy, he or she shall be liable therefor to the Division of Rehabilitation Services in an amount not to exceed the cost of rehabilitation services rendered, exclusive of those services for which eligibility is not predicated on the need for financial assistance, or in an amount not to exceed the insurance reimbursement received, whichever is the lesser.

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34-15-15.
Where a person with disabilities who receives vocational rehabilitation services is entitled to recover damages for said injuries, the Division of Rehabilitation Services shall have a lien, in an amount not to exceed the cost of rehabilitation services rendered, upon any and all causes of action accruing to the individual to whom such services were furnished, or to the legal representative of such individual, on account of injuries giving rise to such cause of action and which necessitated such rehabilitation services, subject, however, to any attorney's lien. In order to perfect such lien, the Division of Rehabilitation Services shall file in the office of the clerk of the superior court of the county wherein the individual resides, a verified statement setting forth the name and address of such individual; the name and address of the Division of Rehabilitation Services; the amount claimed to be due for such vocational rehabilitation services; and, to the best of claimant's knowledge, the names and addresses of all persons, firms, or corporations claimed by such injured individual, or the legal representative of such individual, to be liable for damages arising from such injuries. The Division of Rehabilitation Services shall also, within one day after the filing of such claim or lien, mail a copy thereof to any person, firm, or corporation so claimed to be liable for such damages to the addresses as given in such statement. The filing of such claim or lien shall be notice thereof to all persons, firms, or corporations liable for such damages, whether or not they are named in such claim or lien. The clerk of the court shall endorse thereon the date and hour of filing in the hospital lien book, along with the name of the claimant, the injured person, the amount claimed, and the names and addresses of those claimed to be liable for damages. Such information shall be recorded in the name of the injured individual. The clerk shall be paid $1.00 as his fee for such filing. No release for such cause or causes of action or any judgment thereon, or any covenant not to sue thereon, shall be valid or effectual as against such lien unless the holder thereof shall join therein or execute a release of such lien; and the claimant of such lien may enforce the lien by an action against the person, firm, or corporation liable for such damages.
34-15-16.
The division is authorized to retain title to any property, tools, instruments, training supplies, equipment, or other items of value acquired for use of persons with disabilities and to repossess and transfer them for the use of other persons with disabilities. The Commissioner is authorized to offer for sale any items acquired in the operation of the program under this chapter when they are no longer necessary or to exchange them for necessary items which may be used to greater advantage. When any such surplus equipment is sold or exchanged, a receipt for it shall be taken from the purchaser showing the consideration given for such equipment and shall be forwarded to the Office of Treasury and Fiscal Services; and any funds received by the division pursuant to any such transactions shall be deposited in the state treasury in the appropriate federal or state rehabilitation account and shall be available for expenditures for any purposes consistent with this chapter.
34-15-17.
It shall be unlawful, except for purposes directly connected with the administration of the vocational rehabilitation program and in accordance with regulations, policies, and procedures, for any person or persons to solicit, disclose, receive, or make use of or authorize, knowingly permit, participate in, or acquiesce in the use of any list of, or names of, or any information concerning persons applying for or receiving vocational rehabilitation, directly or indirectly derived from the records. Any person who violates any provision of this Code section shall be guilty of a misdemeanor.
34-15-18.
Employees of the department engaged in functions under this chapter shall be governed by the prohibitions in the rules and regulations of the State Personnel Board and the federal Office of Personnel Management from participation in political activity.
34-15-19.
The General Assembly reserves the right to amend or repeal all or any part of this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or

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immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this chapter at any time.
ARTICLE 2
34-15-40.
As used in this article, the term:
(1) 'State property' means any building, land, or other real property owned, leased, or occupied by any department, commission, board, bureau, agency, public corporation, or other instrumentality of the state, including, but not limited to, the Georgia Building Authority, and any other real property in which the state has a legal or beneficial interest; provided, however, the term 'state property' shall not include any property, real or personal, owned or leased or otherwise under the jurisdiction of the Board of Regents of the University System of Georgia, the Georgia Education Authority (University), or any county or independent school system of this state.
(2) 'Vending facility' means vending stands, vending machines, snack bars, cart service, shelters, counters, and such other appropriate facilities and equipment as may be necessary for the sale of articles or services by licensed blind persons or other persons with disabilities, as prescribed by rules and regulations adopted by the department.
34-15-41.
To effectuate the purposes of this article, it is declared to be public policy of the state that on any state property where the Commissioner of Labor determines it to be feasible to establish a vending facility to be operated by a licensed operator as provided in this article and where the agency or department or custodian of such property determines that such facility can be established without undue inconvenience to the operation being carried on in such state building or property, the preference accorded in this article shall require that such vending facility site not be deemed available for letting to competitive bidders for revenue-producing purposes unless the Commissioner declines to establish on such site a vending facility for blind persons or other persons with disabilities. The income to the agency controlling the space for such facility sites shall generally not be expected to exceed reimbursement for the cost of providing such facility site space and the services connected therewith; but in any case where such income exceeds those purposes, it shall be paid into the state treasury, subject to certification and audit.
34-15-42.
For the purpose of providing blind persons or other persons with disabilities with remunerative employment, enlarging their economic opportunities, and stimulating them to greater effort in striving to make themselves selfsupporting, such blind persons or other persons with disabilities who are licensed by the Division of Rehabilitation Services of the Department of Labor shall be authorized to operate vending facilities on any state property where such vending facilities may be properly and satisfactorily operated by blind persons or other persons with disabilities. In authorizing the operation of vending facilities on state property, preference shall be given, so far as feasible, to blind persons or other persons with disabilities licensed by the Division of Rehabilitation Services of the Department of Labor as provided in this article; and the head of each department or agency in control of the maintenance, operation, and protection of state property shall, after consultation with the Commissioner and with the approval of the Governor, prescribe regulations designed to assure such preference (including assignment of vending machine income to achieve and protect such preference) for such licensed blind persons or other persons with disabilities without unduly inconveniencing such departments and agencies or adversely affecting the interests of the state."
SECTION 2.
The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "Division of Rehabilitation Services" wherever the same shall occur and inserting in its place the term "Division of Rehabilitation Services of the Department of Labor":
(1) Code Section 15-11-37, relating to designated felony acts;

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2353

(2) Code Section 45-18-5.2, relating to sheltered employment center employees; and (3) Code Section 49-4A-9, relating to sentence of youthful offenders.
SECTION 3.
The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "Division of Rehabilitation Services of the Department of Human Resources" wherever the same shall occur and inserting in its place the term "Division of Rehabilitation Services of the Department of Labor":
(1) Code Section 15-21-143, relating to membership of the Brain and Spinal Injury Trust Fund Authority;
(2) Code Section 30-6-4, relating to the establishment of certain personal assistance programs; (2.1) Code Section 30-6-5, relating to standards of certain personal assistance programs;
(3) Code Section 31-15-3, relating to members of the Cancer Advisory Committee;
(4) Code Section 31-16-3, relating to members of the Kidney Disease Advisory Committee; and (5) Code Section 31-18-4, relating to records of reports of spinal cord disabled or head-injured persons.
SECTION 4.
Code Section 30-1-4 of the Official Code of Georgia Annotated, relating to the Council on the Deaf, is amended by striking paragraphs (1) and (3) of subsection (a) thereof and inserting in their respective places the following:
"(1) Four Three members shall be appointed from the Department of Human Resources in the following manner: (A) One member from the Division of Mental Health, Mental Retardation, and Substance Abuse;
(B) One member from the Division of Physical Health; and
(C) One member from the Division of Family and Children Services; and
(D)-One member from the Division of Rehabilitation Services;" "(3) One member Two members shall be appointed from the Department of Labor, one of whom shall be from the Division of Rehabilitation Services;".
SECTION 5.
Code Section 49-5-225 of the Official Code of Georgia Annotated, relating to local interagency committee membership, is amended by striking paragraph (6) of subsection (a) and inserting in its place the following:
"(6) The Rehabilitation Services Division of the Department of Human Resources Division of Rehabilitation Services of the Department of Labor."
SECTION 5.1.
Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, is amended by striking Code Section 30-2-3, relating to supervision of the Georgia Industries for the Blind, and inserting in its place the following:

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"30-2-3.
(a) The industries shall be state institutions under the direction and supervision of the Department of Human Resources Labor.
(b) The Department of Human Resources Labor is authorized to provide the property necessary for the industries. The Department of Human Resources Labor may acquire real property through the State Properties Commission pursuant to Code Section 50-16-38 or the department may enter into rental agreements in order to acquire the needed space. The acquisition of such property is not deemed to be 'administrative space' within the meaning of Article 2 of Chapter 5 of Title 50, the 'State Space Management Act of 1976.'"
SECTION 5.2.
Said chapter is further amended by striking subsection (b) of Code Section 30-2-7, relating to compensation and holidays in such industries, and inserting in its place the following:
"(b) All workers in the industries shall observe all holidays observed by other departments and agencies of the state government and shall receive their proportionate compensation for each holiday so observed. If any worker shall be compensated in such a manner that his daily compensation is not fixed, but rather is based upon a production basis, he shall receive by way of compensation for such observance of state holidays the average daily production compensation received by him during the immediately preceding 30 day period, holidays and Sundays excluded. The Department of Human Resources Labor is authorized and directed to pay such compensation from the funds appropriated to and available for the department."

SECTION 5.3.
Said chapter is further amended by striking Code Section 30-2-9, relating to reserve funds, and inserting in its place the following:
"30-2-9.
Surplus funds designated as reserve funds accruing at the industries in any fiscal year shall not lapse to the state treasury but may be reserved by the industries as working capital. The reserve shall be cumulative but shall not exceed the total sum of $350,000.00."
SECTION 6.
Code Section 32-2-4.1 of the Official Code of Georgia Annotated, relating to Gateway Center, is amended by striking subsection (e) thereof and inserting in its place the following:
"(e) Gateway Center may be a 'welcome center, tourist center, and safety rest area' for purposes of Code Section 499-42 34-15-42, and the preference given by Code Sections 49-9-41 34-15-41 and 49-9-42 34-15-42 shall not apply to or and affect Gateway Center."
SECTION 7.
Code Section 45-18-5.1 of the Official Code of Georgia Annotated, relating to health insurance for blind vendors, is amended by striking that Code section in its entirety and inserting in its place the following:
"45-18-5.1.
The board Department of Labor is authorized to contract with the Georgia Cooperative Services for the Blind, Inc., a nominee agent designated by the Division of Rehabilitation Services of the Department of Human Resources Labor, for the inclusion of licensed blind persons or otherwise seriously disabled vendors other persons with disabilities operating a vending facility in accordance with Article 3 of Chapter 9 15 of Title 49 34 within any health insurance

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2355

plan or plans established under this article. In the event any contract is entered into, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to deduct the payment required under the plan from the earnings or other compensation of licensed blind persons or otherwise seriously disabled vendors other persons with disabilities and remit it to the board Department of Labor for inclusion in the health insurance fund. In addition, it shall be the duty of the Georgia Cooperative Services for the Blind, Inc., to make the employer contributions required for the operation of such plan or plans."
SECTION 8.
Code Section 49-4-185 of the Official Code of Georgia Annotated, relating to sanctions against TANF recipients, is amended by striking paragraph (3) of subsection (b) thereof and inserting in its place the following:
"(3) Except for violations of subsection (a) of Code Section 49-9-184 49-4-184 which result in the recipient no longer being eligible for assistance, violates any other term or condition specified in the federal Social Security Act, as amended, the state plan, or the rules and regulations of the board."
SECTION 9.
Code Section 50-16-4 of the Official Code of Georgia Annotated, relating to use of the capitol building, is amended by striking that Code section in its entirety and inserting in its place the following:
"50-16-4.
The use of the capitol building and grounds shall be limited to departments of the state government and to state and national political organizations, and the keeper of public buildings and grounds shall not grant the use of either the capitol buildings or grounds for any other purposes, except that the Georgia Building Authority as keeper of public buildings and grounds is authorized to provide space in the capitol building for use as a vending stand, as described by Article 3 of Chapter 9 15 of Title 49 34, for the use of state officials and employees and their invited guests."
SECTION 10.
Code Section 49-2-3 of the Official Code of Georgia Annotated, regarding certain functions transferred to the Board of Human Resources, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows:
"(a) The policy-making functions of the State Board of Education and its executive officer pertaining to the Division of Rehabilitation Services, contained in Ga. L. 1951, p. 516, as amended, are vested in the Board of Human Resources Reserved."
SECTION 11.
Code Section 49-2-7 of the Official Code of Georgia Annotated, relating to certain functions transferred to the Department of Human Resources, is amended by striking subsection (d) thereof and inserting in its place a new subsection to read as follows:
"(d) The functions, duties, and authority of the Division of Rehabilitation Services, established in the State Board of Education by Ga. L. 1951, p. 516, as amended, are vested in the Department of Human Resources Reserved."
SECTION 12.
Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Chapter 9 thereof, relating to vocational rehabilitation services, and inserting in its place the following:
"CHAPTER 9
RESERVED."

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SECTION 13.

This section and Section 14 of this Act and subsection (c) of Code Section 34-15-2, as enacted by Section 1 of this Act, shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective July 1, 2001.

SECTION 14.

All laws and parts of laws in conflict with this Act are repealed.

Senator Madden of the 47th moved that the Senate adopt the Conference Committee report on HB 172.

On the motion, a roll call was taken, and the vote was as follows:

N Balfour Blitch
Y Bowen Y Broun
Brown Y Brush N Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the motion, the yeas were 48, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 172. The following resolution was read and adopted: SR 816. By Senators Hooks of the 14th, Harbison of the 15th, Crotts of the 17th and others:
A resolution commending Senator Clay Land; and for other purposes. Senator Land of the 16th addressed the Senate briefly. At 6:00 p.m. the President announced that the Senate would stand in recess until 7:30 p.m. At 7:30 p.m. the President called the Senate to order. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President:

Wednesday, March 22, 2000

2357

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1441.

By Representative Murphy of the 18th:

A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety and the Department of Motor Vehicle Safety.

The Speaker has appointed on the part of the House, Representatives Parham of the 122nd, Powell of the 23rd and Bulloch of the 180th.

The following bill was taken up to consider House action thereto:

HB 1441. By Representative Murphy of the 18th:

A bill to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety and the Department of Motor Vehicle Safety; to provide for the responsibilities of the new department with respect to laws relating to registration and titling of motor vehicles, issuance and control of drivers' licenses, vehicle size and weight, fuel tax registration, motor carrier safety, and other laws formerly the responsibility of the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

Senator Thompson of the 33rd moved that the Senate adhere to its substitute and that a Conference Committee be appointed.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Thompson of the 33rd, Tanksley of the 32nd and Streat of the 19th.

Pursuant to HR 1351, the President called for the confirmation of Russell Hinton as State Auditor.

On the confirmation, the yeas were 40, nays 0, and Russell Hinton was confirmed as State Auditor.
Senator Jackson of the 50th moved that the following bill, having been placed on the Table on March 20, be taken from the Table:
HB 1310. By Representatives Jenkins of the 110th, Buck of the 135th and Royal of the 164th:

A bill to be entitled an Act to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to change certain provisions regarding contents of reports and distributions by collecting officers; to provide an effective date; to repeal conflicting laws; and for other purposes.

Senate Sponsor: Senator Jackson of the 50th.
On the motion, the yeas were 49, nays 0; the motion prevailed, and HB 1310 was taken from the Table. Pursuant to Senate Rule 111, HB 1310, having been taken from the Table, was put upon its passage.

The report of the committee, which was favorable to the passage of the bill, was agreed to.

On the passage of the bill, a roll call was taken, and the vote was as follows:

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Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd
Lamutt Y Land
Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the passage of the bill, the yeas were 49, nays 0.

The bill, having received the requisite constitutional majority, was passed.

The following bill was taken up to consider House action thereto:

SB 465. By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd and Polak of the 42nd:

A bill to be entitled an Act to amend Code Section 28-3-24.1 of the O.C.G.A., relating to the public distribution of legislative information in electronic format, so as to establish the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 40-5-2 of the O.C.G.A., relating to the keeping of records of applications for licenses and information on licensees, so as to refer to the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 47-2-320 of the O.C.G.A., relating to membership in the retirement system of officers and employees of the GeorgiaNet Authority, so as to refer to the Georgia Technology Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Code Section 28-3-24.1 of the Official Code of Georgia Annotated, relating to the public distribution of legislative information in electronic format, so as to establish the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the keeping of records of applications for licenses and information on licensees, so as to refer to the GeorgiaNet Division of the Georgia Technology Authority; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to establish the Georgia Technology Authority as the successor in interest to the GeorgiaNet Authority; to repeal certain provisions relating to the Electronic Data Processing-Printing Committee; to provide definitions; to provide for the membership and officers of the Georgia Technology Authority; to provide for an executive director of the authority; to provide for the powers of the authority; to provide for the establishment of a technology empowerment fund; to provide for purchasing procedures; to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995," so as to repeal certain provisions relating to said Act; to change provisions relating to the Electronic Commerce Study Committee; to

Wednesday, March 22, 2000

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provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 28-3-24.1 of the Official Code of Georgia Annotated, relating to the public distribution of legislative information in electronic format, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b) The Secretary of the Senate and the Clerk of the House of Representatives may provide legislative information in electronic format to the GeorgiaNet Division of the Georgia Technology Authority for purposes of public distribution as provided in Code Section 50-25-14. The information may be provided on at least a daily basis in the most current format available. The information provided may include at a minimum: available schedules and agenda for committee meetings; available bill and resolution status information; and full text of all available prefiled and introduced versions of bills and resolutions, including amendments and substitutes. The information provided may include such other matters as will in the determination of the Secretary and the Clerk contribute to the purposes of this Code section. The Georgia Technology Authority shall work with the General Assembly to develop a single Internet site for the Georgia General Assembly. The content and the format of the General Assembly Internet site shall be determined by the Legislative Services Committee."
SECTION 2.
Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the keeping of records of applications for licenses and information on licensees, is amended by striking subparagraph (c)(1)(F) and paragraph (1) of subsection (d) inserting in lieu thereof the following:

"(F) With the written release of the driver, to a rental car company for use in the normal course of its business; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. Such access shall be provided and funded through the GeorgiaNet Division of the Georgia Technology Authority, and the department shall bear no costs associated with such access; and"
"(d)(1) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Division of the Georgia Technology Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof."
SECTION 3.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Sections 50-510 and 50-5-11 by striking said Code sections in their entirety and inserting in lieu thereof the following:
"50-5-10.
(a)-There is created within the Department of Administrative Services the Electronic Data Processing-Printing Committee. The committee shall consist of the commissioner of administrative services; the Commissioner of Agriculture; the commissioner of human resources; the state auditor; the commissioner of transportation; the Commissioner of Insurance; the state revenue commissioner; and the State School Superintendent.

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(b)-The committee shall meet at least monthly at a regular time and place or as often as deemed necessary to perform its duties effectively and efficiently upon the call of the chairman or any three of the members.
(c)-The Governor shall have the authority to transfer the printing, duplication, reproduction, copying, electronic data processing, and electronic computer service functions of any board, department, or agency of state government to the Department of Administrative Services, except that electronic data processing equipment used exclusively for educational or research purposes by any agency under the jurisdiction of the Board of Regents of the University System of Georgia shall not be subject to these provisions. The commissioner of administrative services shall develop all policies necessary to provide electronic data processing and printing, copying, and duplicating services for all boards, departments, and agencies of state government.
(d)-The commissioner of administrative services shall adopt a plan on consolidation of printing operations, consisting of no more than eight separate facilities.
(e)-The Department of Labor is exempt from these provisions.
(f)-The committee shall hear and decide all appeals from any order of priority of all printing and data processing and shall establish policies to determine the order of priority of all printing and data processing work to be performed by the Department of Administrative Services and shall assure effective service. In a case of dispute between departments as to the order of priority, the committee shall have the authority to determine which department shall have priority. A quorum shall consist of four members.
Reserved.
50-5-11.
Except as provided in subsection (e) of Code Section 50-5-10, the Governor shall have the authority to transfer the printing, duplication, reproduction, copying, electronic data processing, and electronic computer service functions of all state agencies to the Department of Administrative Services. This Code section shall be implemented by executive order of the Governor, and he shall have the authority to implement this Code section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transfer, the Governor shall consult with the head of the department affected and shall assure that the transfer shall not interrupt such department's services. If any department head objects to any transfer of services, he may appeal to the Electronic Data Processing-Printing Committee, and the committee shall make the final ruling as to whether or not the transfer of services shall be made.
Reserved."
SECTION 4.
Said title is further amended in Part 1 of Article 5 of Chapter 5, the "Telecommunications Consolidation Act of 1973," by striking in their entirety Code Sections 50-5-160 through 50-5-169 and inserting in lieu thereof the following:
"Part 1 Reserved
50-5-160.
This part shall be known and may be cited as the 'Telecommunications Consolidation Act of 1973.'
50-5-161.
As used in this part, the term 'telecommunication system' means any system for the transmission, emission, or reception of signs, signals, writings, images, sounds, or intelligence of any nature by wire, radio, optical, or other

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2361

electromagnetic means, excepting systems, facilities, personnel, and technology for the purposes of educational radio and television or for the instruction of persons with disabilities.
50-5-162.
(a)-The consolidation of certain services into integrated, state-wide telecommunications systems will result in more effective and efficient services to state government.
(b)-It is the intention and purpose of the General Assembly that a state-wide telecommunications system be developed whereby maximum efficiency in the utilization of telecommunications services is achieved.
50-5-163.
The Department of Administrative Services is authorized and directed to develop a plan to consolidate applicable state government telecommunications services and systems into a consolidated, integrated, state-wide system and to implement the plan at the earliest possible time. The department shall be responsible for the management and administration of the consolidated state-wide system.
50-5-164.
Each user agency shall determine its particular telecommunication service requirements and the site at which such services shall be provided; and it shall be the duty of the Department of Administrative Services to provide the service as determined by each user agency. The commissioner of administrative services shall provide also for the consolidation, integration, coordination, and promotion of joint use of telecommunications facilities owned or used by state government and for the management of an efficient, economical, reliable, compatible, and coordinated statewide telecommunications system and shall take such actions as may be necessary and desirable to ensure the delivery of efficient, effective, and economical telecommunications services to user agencies of the consolidated system.
50-5-165.
The Department of Administrative Services is empowered to execute contracts with common carriers as needed for the purpose of developing, maintaining, coordinating, and implementing plans for effective communications in state government.
50-5-166.
(a)-The commissioner of administrative services shall develop a system or systems of equitable billings and charges to be made to the using agencies or entities for all joint-use telecommunications services, equipment, maintenance, operation, and other activities connected therewith. A telecommunications revolving account is established under the administration of the Department of Administrative Services for the purposes of this part, including, but not limited to, the purchase, lease, or other forms of acquisition of services, supplies, equipment, and the payment of all salaries, wages, or any other costs incidental to the provision and maintenance of a joint-use telecommunications system. In order to provide an adequate cash flow as may be necessary for the purposes of this part, using state agencies or other using entities, upon request of the Department of Administrative Services, shall make monthly payments into the telecommunications revolving account from funds appropriated for telecommunications services.
(b)-The commissioner of administrative services may provide a means whereby local governmental entities may utilize the state telecommunications systems upon such terms and under such conditions as the commissioner may establish; provided, however, that the local government entity must bear the cost of such use. The Department of Administrative Services may cooperate with other states or the federal government, or any agency thereof, with respect to organizing telecommunications systems in expediting and carrying out regional or wide-area telecommunications networks and may enter into any agreement necessary therefor.
50-5-167.

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All agencies of state government are requested to cooperate with the Department of Administrative Services, for the purpose of implementing this part, by providing any information requested by the department. No department, board, authority, or other agency of state government other than the Department of Administrative Services shall perform the duties or exercise the powers of the department, except as provided in this part, unless the department delegates such duties or powers to another agency.
50-5-168.
In the event a state of emergency or disaster is declared, the Governor may direct the Department of Defense to assume control over all or part of the state-wide telecommunications system for the duration of the state of emergency or disaster.
50-5-169.
The Electronic Data Processing-Printing Committee created by Code Section 50-5-10 shall perform the same functions in regard to telecommunications as the committee performs in regard to electronic data processing and printing under Code Section 50-5-10."
SECTION 5.
Said title is further amended in Part 2 of Article 5 of Chapter 5, the "Public Safety Radio Services Act of 1975," by striking Code Section 50-5-180 through Code Section 50-5-186 and inserting in lieu thereof the following:
"Part 2 Reserved
50-5-180.
This part shall be known and may be cited as the 'Public Safety Radio Services Act of 1975.'
50-5-181.
As used in this part, the term 'public safety radio services' means all radio services of state, county, or municipal governments, as defined in Part 89 of the Rules and Regulations of the Federal Communications Commission.
50-5-182.
(a)-There is only a limited number of radio channels available to provide state and local governments with public safety interest.
(b)-Radio channels for public services have been assigned by the block allocation method on a first-come, firstserved basis with little regard to sound system engineering practices so that some state and local government agencies operate inefficiently on very lightly loaded channels while other similar agencies must operate on severely overcrowded channels, experiencing severe cochannel interference and lack of proper range for adequate coverage.
(c)-State and local government agencies in the larger metropolitan areas possess an insufficient number of radio channels to serve the public and experience skips in coverage and other interference connected with overcrowding.
(d)-Existing radio communications systems of state and local government agencies fail to meet the need for rapid interagency communications in times of emergency.
(e)-State-wide radio communications planning will conserve the valuable and irreplaceable radio channel resource and will result in optimum public safety radio service for state and local government.
50-5-183.

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The Department of Administrative Services is authorized and directed to develop a state-wide system of allocation of radio channels for public safety radio services and to implement the system at the earliest possible time. The Department of Administrative Services shall be responsible for conducting all radio frequency channel searches and for the processing of all public safety radio service license applications to the Federal Communications Commission for state, county, and municipal governments and shall have the power to approve or disapprove such applications for licenses consistent with the public interest. In developing such a system, the Department of Administrative Services shall divide the state into appropriate regions and shall develop a plan which shall include the following provisions:
(1)-A recommendations provision which shall state the public safety radio needs for each state agency, county, and municipality comprising the region;
(2)-An interagency communications provision which shall depict the communication interfaces between municipal, county, and state entities which operate within the region; and
(3)-A frequency allocation and use provision which shall include on an entity basis each assigned and planned radio channel and the type of operation (simplex, duplex, or half-duplex) on each channel.
50-5-184.
The Department of Administrative Services shall provide for the coordination and promotion of joint use of public safety radio services owned or used by state, county, and municipal governments, except those services owned or used by counties or municipal corporations having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, and shall also provide for the management and conservation of the public safety radio channel resource and shall take such actions as may be necessary to manage and protect public safety radio services and to ensure delivery of efficient, effective, and economical public safety radio services to state, county, and municipal governments.
50-5-185.
All agencies of state, county, and municipal governments are requested to cooperate with the Department of Administrative Services, for the purpose of implementing this part, by providing any information requested by the Department of Administrative Services. No department, board, authority, or any other agency of state, county, or municipal government shall perform the duties or exercise the powers of the department, except as provided in this part, unless the Department of Administrative Services delegates such duties or powers to another agency.
50-5-186.
An appeal board shall be established by this part, such board to consist of the commissioner of public safety, commissioner of natural resources, commissioner of transportation, commissioner of administrative services, director of the State Forestry Commission, president of the Association County Commissioners of Georgia, the president of the Georgia Municipal Association, or their appointed representatives. Any action or decision under this part by the Department of Administrative Services affecting any governmental agency or entity may be appealed to this board, which shall hear the facts and, upon adequate presentation, render a decision based thereon. The board's decision shall be binding upon all parties thereto. The commissioner of administrative services shall call the appeal board into session upon the written request for an appeal by any governmental agency or entity."
SECTION 6.
Said title is further amended in Part 3 of Article 5 of Chapter 5, the "Georgia Distance Learning and Telemedicine Act of 1992," by striking Code Sections 50-5-191 through 50-5-202 and inserting in lieu thereof the following:
"50-5-191.
(a) The General Assembly finds and declares that it is in the public interest to provide appropriate means for the continued development and enhancement of educational opportunities and medical care throughout the State of

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Georgia through the use of audio and video systems employing interactive technology. Systems which would make this concept a reality are technologically feasible, but they have not been constructed in Georgia. Such systems are in the public interest. If deployed state wide and linked with other networks on a national or international basis, they would permit students interactive access to a greater variety of instruction, thus enhancing educational quality throughout Georgia, and they would improve the delivery of medical care to all areas of Georgia.
(b) It is the intention and purpose of the General Assembly that a state-wide distance learning and telemedicine network be developed whereby educational quality throughout the state will be enhanced and delivery of medical care to all areas of the state will be improved. It is the further intention of the General Assembly that there be a method of funding the state-wide network from the Universal Service Fund through a newly created Distance Learning and Telemedicine Network Governing Board, and that the Department of Administrative Services Georgia Technology Authority be the sole administrator of the Universal Service Fund for such purposes.
50-5-192.
As used in this part, the term:
(1) 'Costs' means the reasonable and customary charges for goods and services incurred or to be incurred in the establishment of a state-wide distance learning and telemedicine network with the exception of charges from a transport provider, or network provider for the provision of equipment or facilities which are multiple use. The charges for such multiple use facilities must be prorated by the Department of Administrative Services Georgia Technology Authority.
(2) 'Distance learning' means an interactive telecommunications system that utilizes audio, video, and other appropriate elements and is compatible with other distance learning networks and that is used for the purpose of enhancing instructional opportunities in Georgia schools.
(3) 'Governing board' means the Distance Learning and Telemedicine Network Governing Board.
(4) 'Medical facilities' means any fully licensed and accredited, publicly funded medical care providers that furnish either inpatient or outpatient services. Research facilities are specifically excluded.
(5) 'School' means any accredited public institution providing instruction at levels K-12 or any accredited public postsecondary institution.
(6) 'Telemedicine' means an interactive telecommunications system that utilizes audio, video, and other appropriate elements and is compatible with other telemedicine networks and that is used for the purpose of enhancing the delivery of medical care to medical facilities throughout Georgia.
(7) 'Universal Service Fund' means that fund which was created by the Public Service Commission in Public Service Commission Docket No. 3905-U and 3921-U, and which is also known as the Economic Development Fund.
50-5-193.
The Department of Administrative Services Georgia Technology Authority is authorized and directed to develop, as a part of the state-wide telecommunication system provided for in Part 1 of this article, a plan, which must be approved by the governing board, for a consolidated, integrated, state-wide shared use distance learning and telemedicine network and to implement same at the earliest possible time. The department authority shall be responsible for the management and administration of the consolidated state-wide network and shall provide all the distance learning and telemedicine service requirements of the schools and medical facilities whose applications are approved by the governing board.
50-5-194.
The provisions of Part 1 of this article, the 'Telecommunications Consolidation Act of 1973,' shall apply to this part.

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Reserved.
50-5-195.
The Department of Administrative Services Georgia Technology Authority is authorized to withdraw funds from the Universal Service Fund for the purchase, lease, or other forms of acquisition of the common components, network facilities, and other commonly shared items of the state-wide distance learning and telemedicine network infrastructure and for the payment of all salaries, wages, or any other costs incidental to the planning and provision of the state-wide, shared use network as approved by the governing board.
50-5-196.
(a) There is established a Distance Learning and Telemedicine Network Governing Board.
(b) The governing board shall consist of nine 11 members and shall be comprised of the following: the commissioner of administrative services executive director of the Georgia Technology Authority, the director of the Office of Planning and Budget, the State School Superintendent, the commissioner of technical and adult education, the executive director of the Georgia Public Telecommunications Commission, a member of the Public Service Commission to be appointed by the Governor, a rural hospital administrator with telemedicine network experience to be appointed by the Governor, a rural physician with telemedicine network experience to be appointed by the Governor, a member of the House of Representatives to be appointed by the Speaker of the House of Representatives, a member of the Senate to be appointed by the President of the Senate, and the Chancellor of the University System of Georgia, or their appointed representatives. The commissioner of administrative services executive director of the Georgia Technology Authority shall serve as the chairperson of the governing board. The governing board shall elect from its members such other officers as are considered necessary to serve terms of one year each; provided, however, no person shall hold the same office for more than two consecutive terms.
(c) It shall be the function of the governing board and the governing board shall have the power, duty, and authority to set policies, review applications, and award funding for the state-wide distance learning and telemedicine network in accordance with Code Sections 50-5-198 and 50-5-199.
(d) The governing board shall hold meetings as often as it determines to do so. The governing board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the governing board establishes another procedure, the chair chairperson or any four six members of the governing board may call a special meeting upon adequate written, personal, telephone, e-mail, or facsimile notice to governing board members. Four Six members of the governing board shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action taken by the governing board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote and otherwise act in matters which come before that meeting. The governing board may establish such additional rules and procedures as it deems appropriate for conducting its business from time to time. These rules and procedures may be established in bylaws or in such other form as the governing board deems appropriate.
(e) Members of the governing board shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this part in accordance with state travel regulations promulgated by the Office of Planning and Budget and the Department of Audits and Accounts in the same manner that employees of the state merit system are reimbursed.
(f) The governing board shall prepare and submit annually to the Governor and the General Assembly a report detailing its activities and operations for the prior year, to include but not be limited to information as to the number of applications received, the identities of the applicants, the identities of those applicants awarded funding, and the respective award amounts.
50-5-197.

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On and after March 20, 1992, the Department of Administrative Services The Georgia Technology Authority shall be sole administrator of the Universal Service Fund, with full power and authority to distribute funds pursuant to the funding awards of the governing board and to otherwise administer the fund for and in accordance with the purposes of this part. The commissioner of the Department of Administrative Services shall reinvest the fund in the same manner as other funds under his control.
50-5-198.
(a) Schools desiring to become a part of the state-wide distance learning network shall make application to the governing board, which application shall contain:
(1) A statement of need; and
(2) A description of the proposed distance learning system for that school, which shall include projected equipment needs, projected network or transport needs, planned curriculum, the number of students having access to the system, and all other associated needs, with an itemized cost statement for each element of the proposed system.
(b) Upon receipt of the application described in subsection (a) of this Code section, the governing board shall consider the application of the school and the cost statements attendant thereto and shall make a determination regarding the merits of the application.
(c) In considering the merits of the application, the governing board shall consider:
(1) The number of students to be served by the proposed system;
(2) The geographic location of the applicant and whether the granting of the application would contribute to the creation of a state-wide network;
(3) Whether the proposed curriculum meets a special need;
(4) The relative costs of the proposal in relationship to the relative benefit to the public interest; and
(5) Whether the system as proposed is technologically compatible with the preexisting distance learning network.
(d) Upon a determination that the application is meritorious, the governing board shall issue a finding that it will award funds sufficient to cover documented actual costs of construction of the system to the applicant from the Universal Service Fund. The actual award of funds will occur upon completion of construction. Such documented actual costs may not include any capability not used for distance learning, and to the extent that facilities are used for distance learning as well as for other uses the documented actual costs will be prorated accordingly. Documentation of actual costs, which may include but shall not be limited to an affidavit of expenditures accompanied by supporting data, will be submitted to the Department of Administrative Services Georgia Technology Authority upon completion of construction for determination of the specific amount to be awarded.
(e) In addition to the award of actual costs described in subsection (d) of this Code section, the governing board may award sufficient funds to the applicant to cover 50 percent of documented recurring costs for a period of two years.
(f) The Department of Administrative Services Georgia Technology Authority, as administrator of the Universal Service Fund, shall make distributions from the fund in accordance with the awards of the governing board under this part.
50-5-199.
(a) Medical facilities desiring to become a part of the state-wide telemedicine network shall make application to the governing board, which application shall contain:
(1) A statement of need; and

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(2) A description of the proposed telemedicine system for that medical facility which shall include projected equipment needs, projected network or transport needs, planned uses and capabilities, the number of patients having access to the system, and all other associated needs, with an itemized cost statement for each element of the proposed system.
(b) Upon receipt of the application described in subsection (a) of this Code section, the governing board shall consider the application of the medical facility and the cost statements attendant thereto and shall make a determination regarding the merits of the application.
(c) In considering the merits of the application, the governing board shall consider:
(1) The number of patients to be served by the proposed system;
(2) The geographic location of the applicant and whether the granting of the application would contribute to the creation of a state-wide network;
(3) Whether the proposed capability meets a special need;
(4) The relative costs of the proposal in relationship to the relative benefit to the public interest; and
(5) Whether the system as proposed is technologically compatible with the preexisting telemedicine network.
(d) Upon a determination that the application is meritorious, the governing board shall issue a finding that it will award funds sufficient to cover documented actual costs of construction of the system to the applicant from the Universal Service Fund. The actual award of funds will occur upon completion of construction. Such documented actual costs may not include any capability not used for telemedicine, and to the extent that facilities are used for telemedicine as well as for other uses the documented actual costs will be prorated accordingly. Documentation of actual costs, which may include but shall not be limited to an affidavit of expenditures accompanied by supporting data, will be submitted to the Department of Administrative Services Georgia Technology Authority upon completion of construction for determination of the specific amount to be awarded.
(e) In addition to the award of actual costs described in subsection (d) of this Code section, the governing board may award sufficient funds to the applicant to cover 50 percent of documented recurring costs for a period of two years.
(f) The Department of Administrative Services Georgia Technology Authority, as administrator of the Universal Service Fund, shall make distributions from the fund in accordance with the awards of the governing board under this part.
50-5-200.
(a) Except as further provided in subsection (b) of this Code section, all funds remaining in the Universal Service Fund as of March 20, 1992, which are not used for qualifying hardship assistance filings shall be used solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided under this part. Qualifying hardship assistance filings are those hardship assistance filings approved by the Public Service Commission pursuant to Public Service Commission Docket No. 3921-U before March 20, 1992, which result in payments to the successful applicant for a period not to exceed two years from the date of filing.
(b) For a period of three years after March 20, 1992, an amount not to exceed $23 million may be used from the Universal Service Fund for the purpose of offsetting transitional expenses and costs associated with the 16 mile calling radius as permitted under subsection (g) of Code Section 46-2-25.2. The Department of Administrative Services Georgia Technology Authority, as sole administrator of the Universal Service Fund, is authorized to make disbursements from the Universal Service Fund for such purposes upon proper certification of same by the Public Service Commission. Any portion of the $23 million not so disbursed by the Department of Administrative Services Georgia Technology Authority for said purposes within three years after March 20, 1992, shall become available

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solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided for in this part.
50-5-201.
Any applicant receiving funds awarded by the governing board under this part must use the funds solely for the approved purpose of payment for construction, equipment, transport, recurring costs, and all other costs of establishing the system to the Department of Administrative Services Georgia Technology Authority who provided goods and services used in establishing the system. Any funds not being used for the approved purpose must be returned to the Universal Service Fund.
50-5-202.
The commissioner of the Department of Administrative Services Georgia Technology Authority may provide a means whereby private nonprofit schools and medical facilities may utilize and participate in the state-wide distance learning and telemedicine network upon such terms and under such conditions as the commissioner authority may establish; provided, however, such private nonprofit schools and medical facilities must bear the cost of such utilization and participation."
SECTION 7.
Said title is further amended in Chapter 25, relating to the GeorgiaNet Authority, by striking Code Section 50-25-1, relating to the establishment of the GeorgiaNet Authority, which reads as follows:
"50-25-1.
(a) There is established the GeorgiaNet Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions.
(b) As used in this chapter, the term:
(1) 'Authority' means the GeorgiaNet Authority.
(2) 'File' means a group of data consisting of a collection of related records which concern one or more functions of a state department, agency, board, bureau, commission, or authority, and which is treated as a single unit in an electronic data processing system.
(3) 'Record' means a group of related fields of data used to electronically store data about a subject, such as an employee, customer, vendor, or other individual, or a transaction.
(c) The purpose of the authority shall be the centralized marketing, provision, sale, and leasing, or executing license agreements for access on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors:
(1) The public interest in providing ready access to public state information for individuals, businesses, and other entities;
(2) The public interest in providing ready access to state information for other governmental entities, so as to better enable such other governmental entities to carry out their public purposes;
(3) Fair and adequate compensation to the state for costs incurred in generating, maintaining, and providing access to state information;
(4) Cost savings to the state through efficiency in the provision of public information;

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(5) The avoidance of unfair competition with private enterprises engaged in the commercial provision of electronic data equipment, supplies, products, and services; and
(6) Such other factors as are in the public interest of the state and will promote the public health and welfare.",
and inserting in lieu thereof the following:
"50-25-1.
(a) There is established the Georgia Technology Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name the authority may contract and be contracted with and bring and defend actions. The Georgia Technology Authority shall be the successor in interest to the public corporation created by Ga. L. 1990, p. 1566, as amended from time to time thereafter, and known as the 'GeorgiaNet Authority,' and all rights, powers, and duties of that public corporation shall be vested in the Georgia Technology Authority, subject, however, to all debts, obligations, liabilities, and duties incurred by that public corporation.
(b) As used in this chapter, the term:
(1) 'Agency' means every state department, agency, board, bureau, commission, and authority but shall not include any agency within the judicial branch of state government or the University System of Georgia and shall also not include any authority statutorily required to effectuate the provisions of Part 4 of Article 9 of Title 11.
(2) 'Authority' means the Georgia Technology Authority as established in this chapter.
(3) 'Board' means the board of directors for the Georgia Technology Authority.
(4) 'Chairperson' means the chairperson of the Georgia Technology Authority.
(5) 'Chief information officer' means the chief information officer of the State of Georgia provided for by Code Section 50-25-5.1.
(6) 'File' means a group of data consisting of a collection of related records which concern one or more functions of an agency and which is treated as a single unit in an electronic data processing system.
(7) 'GeorgiaNet Division' means the former GeorgiaNet Authority.
(8) 'Local government' means any county, city, or consolidated government in this state.
(9) 'Private sector' means any nongovernment, privately owned entity in this state.
(10) 'Public safety radio services' means all radio services of state, county, or municipal governments, as defined in Part 89 of the Rules and Regulations of the Federal Communications Commission.
(11) 'Record' means a group of related fields of data used to electronically store data about a subject, such as an employee, customer, vendor, or other entity, or a transaction.
(12) 'Technology' or 'technology resources' means hardware, software, and communications equipment, including, but not limited to, personal computers, mainframes, wide and local area networks, servers, mobile or portable computers, peripheral equipment, telephones, wireless communications, public safety radio services, facsimile machines, technology facilities including but not limited to, data centers, dedicated training facilities, and switching facilities, and other relevant hardware and software items as well as personnel tasked with the planning, implementation, and support of technology.

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(13) 'Technology enterprise management' means methods for managing technology resources for all agencies, considering the priorities of state planners, with an emphasis on making communications and sharing of data among agencies feasible and ensuring opportunities of greater access to state services by the public.
(14) 'Technology policy' means processes, methods, and procedures for managing technology, technology resources, and technology procurement.
(15) 'Technology portfolio management' means an approach for analyzing and ranking potential technology investments based upon state priorities and a cost benefit analysis to include, but not be limited to, calculated savings, direct and indirect, and revenue generation related to technology expenditures and selecting the most costeffective investments. The minimization of total ownership costs, i.e. purchase, operation, maintenance, and disposal, of technology resources from acquisition through retirement while maximizing benefits is to be emphasized.
(c) The purpose of the authority shall be to provide for procurement of technology resources, technology enterprise management, and technology portfolio management as defined in this chapter, as well as the centralized marketing, provision, sale, and leasing, or execution of license agreements for access on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors:
(1) The public interest in providing ready access to public state information for individuals, businesses, and other entities;
(2) The public interest in providing ready access to state information for other governmental entities, so as to enhance the ability of such other governmental entities to carry out their public purposes;
(3) Fair and adequate compensation to the state for costs incurred in generating, maintaining, and providing access to state information;
(4) Cost savings to the state through efficiency in the provision of public information; and
(5) Such other factors as are in the public interest of the state and will promote the public health and welfare.
(d) The authority shall assist political subdivisions and other entities created by the Constitution or laws of this state, or by local governments, by setting forth policy initiatives for guidance in the use of technology to improve services, reduce costs, encourage technological compatibility, and promote economic development throughout the state.
(e) Services related to the marketing, provision, sale, and leasing or licensing of public information as provided in subsection (c) of this Code section shall continue to be marketed under the service mark of GeorgiaNet."
SECTION 8.
Said title is further amended by striking in its entirety Code Section 50-25-2, relating to the authority membership, and inserting in lieu thereof the following:
"50-25-2.
(a) The authority shall consist of five members as follows: one member appointed by the Lieutenant Governor; one member appointed by the Speaker of the House of Representatives; and three members appointed by the Governor who shall be knowledgeable with respect to the data processing operations and needs of political subdivisions of this state. The authority shall consist of 11 members as follows: two members appointed by the Lieutenant Governor; two members appointed by the Speaker of the House of Representatives; and seven members appointed by the Governor. The Governor shall designate a member of the authority to serve as chairperson of the authority. All of the aforesaid members shall be individuals employed in the private sector who shall have experience in technology issues concerning large public or private organizations or entities. The initial membership of the authority shall be appointed for terms of office as follows:

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(1) The Lieutenant Governor shall appoint one member for a term of one year and one member for a term of three years;
(2) The Speaker of the House shall appoint one member for a term of one year and one member for a term of three years; and
(3) The Governor shall appoint four members for terms of one year and three members for a term of three years.
The terms of all succeeding members shall be for three years. The authority may elect a vice chairperson and a secretary and any other officers deemed appropriate. In addition to all other members provided for in this subsection, there shall be one nonvoting ex officio member of the authority who shall be appointed by and serve at the pleasure of the Chief Justice of the Supreme Court.
(b) Each member of the authority who is not otherwise a state officer or employee may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. Each member of the authority who is otherwise a state officer or employee may be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the authority. Except as specifically provided in this subsection, members of the authority shall receive no compensation for their services.
(c) Two Seven members of the authority shall constitute a quorum; and the affirmative votes of two six members of the authority shall be required for any action to be taken by the authority.
(d) The board may, in its discretion, appoint an executive director as the administrative head of the authority and shall set his or her salary. Such salary shall not exceed the salary of the commissioner of administrative services. Unless the board appoints an executive director, the commissioner of administrative services shall serve as the executive officer and director and administrative head of the authority. If the commissioner of administrative services serves as the executive officer and director and administrative head of the authority, the commissioner of administrative services may appoint a person as assistant commissioner and delegate such of his or her powers and duties to such assistant commissioner as he or she desires. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director. The executive director and other employees of the authority shall be considered state employees in the unclassified service of the State Merit System of Personnel Administration for the purposes of benefits administered by the merit system and for retirement purposes. Any officer or employee of the authority who is already a member of the merit system by virtue of services with another employer shall be entitled to credit for his or her services and shall not suffer any loss of such credit to which he or she is otherwise entitled. There shall be paid from the funds appropriated or otherwise available for the operation of the GeorgiaNet Authority all employer's contributions required under this chapter. There shall be an executive director of the authority to be titled the chief information officer and to be selected in the manner and to have the powers and duties set forth in Code Section 50-25-5.1.
(e) The authority may make rules and regulations for its own government.
(f) The authority shall have perpetual existence."
SECTION 9.
Said title is further amended by striking Code Section 50-25-3, relating to the administration of the authority, and inserting in lieu thereof the following:
"50-25-3.
(a) The authority shall be assigned for administrative purposes to the Department of Administrative Services, as provided for in Code Section 50-4-3.

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(b) The Attorney General shall provide legal services for the authority, in the same manner provided for in Code Sections 45-15-13 through 45-15-16."
SECTION 10.
Said title is further amended by striking in its entirety Code Section 50-25-4, relating to the general powers of the authority, and inserting in lieu thereof the following:
"50-25-4.
(a) The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure;
(2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created;
(3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority;
(4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(5) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments are authorized to enter into such contracts;
(6) To fix and collect fees and charges for data, media, and incidental services furnished by it to any private individual or entity;
(7) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds;
(8) To establish standards for agencies to submit information technology plans to the authority. Standards shall include without limitation content, format, and frequency of submission;
(9) To provide and approve a technology plan to include strategic planning and direction for technology acquisition, deployment development, and obsolescence management as well as a communications plan to manage costs for voice, video, data, and messaging services for all agencies. The state technology plan shall incorporate plans from agencies and other sources;
(10) To set technology policy for all agencies except those under the authority, direction, or control of the General Assembly or state-wide elected officials other than the Governor;
(11) To prescribe procedures for the procurement of technology resources for agencies;
(12) To provide oversight and program management for all technology resources for projects exceeding a cumulative investment of $1 million to accomplish goals of technology portfolio management;
(13) To require agencies to submit periodic reports at such frequency and with such content as the board shall define;

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(14) To prepare fiscal impact statements relating to necessary modifications and development of technology to support policies required by proposed legislation;
(15) To establish architecture for state technology infrastructure to promote efficient use of resources and to promote economic development;
(16) To provide processes and systems for timely and fiscally prudent management of the state's financial resources to include, without limitation, cash management;
(17) To establish advisory committees from time to time, including, without limitation, a standing advisory committee composed of representatives from agencies which shall make recommendations to the authority concerning such matters as policies, standards, and architecture;
18) To coordinate with agencies, the legislative and judicial branches of government, and the Board of Regents of the University System of Georgia, regarding technology policy;
(19) To coordinate with local and federal governments to achieve the goals of the authority;
(20) To identify and pursue alternative funding approaches;
(21) To establish technology security standards and services to be used by all agencies;
(22) To conduct technology audits of all agencies;
(23) To facilitate and encourage the conduct of business on the Internet;
(24) To expand and establish policies necessary to ensure the legal authority and integrity of electronic documents;
(25) To provide and approve as part of the state technology plan an implementation plan and subsequent policies and goals designed to increase the use of telecommuting among state employees;
(26) To create a center for innovation to create applications of technology that will yield positive, measurable benefits to the state;
(27) To establish benchmarks for contracts requiring approval by the board;
(28) To canvass sources of supply and to contract for the lease, rental, purchase, or other acquisition of all technology resource related supplies, materials, services, and equipment required by the state government or any of its agencies under competitive bidding or to authorize any agency to purchase or contract for technology;
(29) To establish and enforce standard specifications which shall apply to all technology and technology resource related supplies, materials, and equipment purchased or to be purchased for the use of the state government or any of its agencies, which specifications shall be based on and consistent with industry accepted open network architecture standards;
(30) To establish processes, specifications, and standards for procurement, which shall apply to all technology to be purchased, licensed, or leased by any agency;
(8)(31) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and
(9)(32) To do all things necessary or convenient to carry out the powers conferred by this chapter.
(b) The authority shall transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority."

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SECTION 11.
Said title is further amended by inserting after Code Section 50-25-5 a new Code Section 50-25-5.1 to read as follows:
"50-25-5.1.
(a) There is created the position of the chief information officer for the State of Georgia who shall be both appointed and removed by a vote of a majority of the full membership to which the authority is entitled. The authority shall determine the compensation of the chief information officer. The chief information officer shall serve as the executive director of the authority.
(b) Subject to the general policy established by the authority, the chief information officer shall have the following powers and duties in addition to those otherwise enumerated in this chapter:
(1) To supervise, direct, account for, organize, plan, administer, and execute the functions required of the chief information officer by the authority;
(2) To provide assistance to agency heads in evaluating information officer performance for each agency and in selection of candidates for such positions;
(3) To establish performance management standards, approved by the board regarding success of projects, agency technology performance, and authority performance;
(4) To submit an annual and a three-year technology plan, updated annually, and an annual budget for approval and adoption by the board;
(5) To review periodic reports submitted by agencies;
(6) To hire officers, agents, and employees, prescribe their duties and qualifications, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director. The executive director and other employees of the authority shall be considered state employees in the unclassified service of the State Merit System of Personnel Administration for the purposes of benefits administered by the merit system and for retirement purposes. Any officer or employee of the authority who is already a member of the Employees' Retirement System of Georgia by virtue of services with another employer shall be entitled to credit for his or her services and shall not suffer any loss of such credit to which he or she is otherwise entitled. There shall be paid from the funds appropriated or otherwise available for the operation of the Georgia Technology Authority all employer's contributions required under this chapter;
(7) To contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of attorneys, accountants, systems engineers, consultants, and advisers, and to allow suitable compensation for such services; and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits; and
(8) To perform such other duties as the authority may direct from time to time."
SECTION 12.
Said title is further amended by inserting after Code Section 50-25-7 new Code Sections 50-25-7.1, 50-25-7.2, 5025-7.3, 50-25-7.4, 50-25-7.5, 50-25-7.6, 50-25-7.7, 50-25-7.8, 50-25-7.9, 50-25-7.10, 50-25-7.11, 50-25-7.12, and 50-25-7.13 to read as follows:
"50-25-7.1.

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(a) The authority is authorized and directed to establish a technology empowerment fund to be administered by the authority. The fund shall consist of such moneys appropriated or otherwise available to the authority as the board may determine from time to time to deposit therein. Subject to the appropriations process, the decision-making and priority-setting responsibilities for allocating these funds are vested in the chief information officer and the director of the Office of Planning and Budget.
(b) The chief information officer is authorized to identify and select individual projects, initiatives, and systems to improve service delivery to be funded through the technology empowerment fund. Such projects shall demonstrate, to the satisfaction of the chief information officer, reduced costs through the use of technology. In identification and selection of such projects, initiatives, and systems, the chief information officer shall give priority to those which provide demonstrable cost savings and improved service delivery on a recurring basis through the employment of technology and training. Eligible projects, initiatives, and systems to receive disbursements from the technology empowerment fund may be selected from agency budget requests. Quarterly reports of the operations of the technology empowerment fund shall be required to be made to the board, the Office of Planning and Budget, and the Legislative Budget Office to ensure proper oversight and accountability.
(c) Each project or initiative developed and supported from the technology empowerment fund shall employ technology that is compatible with the architecture and standards established by the authority and shall be accounted for by a discrete account established for the individual project or initiative item in the operating budget and capital budget.
(d) A steering committee composed of the chairperson of the House Appropriations Committee or his or her designee from among the membership of the committee, the chairperson of the Senate Appropriations Committee or his or her designee from among the membership of the committee, the director of the Office of Planning and Budget, the legislative budget analyst, the state auditor, and a representative from the Governor's office shall advise and consult with the chief information officer regarding initiatives to receive funding from the technology empowerment fund and shall receive quarterly reports from the chief information officer as to the status of funded projects.
50-25-7.2.
(a) All agencies shall contract through the authority for any technology resource purchase of such agency exceeding $100,000.00; provided, however, that the provisions of this Code section shall not have application to full-time state personnel tasked with the planning, implementation, and support of technology. The authority shall be authorized to act as the agent of any agency for such purposes. No agency shall divide purchases so as to avoid the thresholds provided for in this Code section and Code Section 50-25-7.3.
(b) Any agency whose direct or indirect appropriation for technology resources is less than $50,000.00 shall not be required to contract through the authority for the purchase of such technology resources.
(c) Nothing in this Code section shall exempt any technology resource purchase from the technical standards and specifications established by the authority unless specifically provided by action of the authority; provided, however, that technical standards established by the authority shall not conflict with mandated federal technical standards or requirements associated with the state administration of federally funded programs.
50-25-7.3.
(a) Except as otherwise provided in this Code section, authority contracts exceeding $100,000.00 shall be awarded by soliciting competitive sealed proposals. If the total technology resource requirement will involve an expenditure in excess of $100,000.00, sealed proposals shall be solicited by advertisement in the Georgia Register established under Code Section 50-25-6 as follows:
(1) Proposals shall be solicited through a request for proposals;
(2) Adequate public notice of the request for proposals shall be given in the Georgia Register;

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(3) A register of proposals identifying submitting vendors shall be prepared and made available for public inspection;
(4) The request for proposals shall describe the evaluation factors to be considered in the award of the contract;
(5) As provided in the request for proposals and under regulations to be developed by the authority, discussions may be conducted with reasonable offerors who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions there shall be no disclosure of any information derived from proposals submitted by competing offerors; and
(6) The award shall be made to the responsible offeror whose proposal is determined in writing and pursuant to rules and regulations of the authority to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made.
(b) Except as otherwise provided for in this chapter, all contracts for the purchases of supplies, materials, or equipment made under this chapter shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established and prescribed by the authority, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, or the date or dates of delivery specified in the bid. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the authority, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the standard specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected.
(c) When proposals received pursuant to this Code section are unreasonable or unacceptable, are noncompetitive, or exceed available funds and it is determined in writing by the authority that time or other circumstances will not permit the delay required to resolicit competitive proposals, a contract may be negotiated pursuant to this Code section, provided that each qualified vendor who submitted such a proposal under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate.
(d) Every proposal solicited pursuant to this Code section, together with the name of the vendor, shall be recorded, and all such records shall, after award or letting of the contract, be subject to public inspection upon request. The authority shall also, within five days after the award or letting of the contract, publish the name of the successful vendor or vendors in the Georgia Register. Such publication shall also show the price or the amount for which the contract was let and the items covered by the contract. The authority shall also, within five days after the award or letting of the contract, have available in its offices for public inspection all proposals which did not receive the award, together with the reasons for such rejection. Sealed proposals shall be opened in public by the authority, which shall canvass the proposals and award the contract according to the terms of this chapter.
(e) On all sealed proposals received or solicited by the authority the following certificate of independent price determination shall be used:
'I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this proposal and certify that I am authorized to sign this proposal for the vendor.'
(f) The authority is authorized to promulgate rules and regulations to implement the procedures of this Code section or by rule and regulation to implement alternative purchasing procedures advantageous to the state. All rules and

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regulations relating to implementation of purchasing procedures shall be adopted through public publication, notice, and comment pursuant to and subject to Code Sections 50-13-4, 50-13-6, 50-13-7, and 50-13-8, and the authority shall be considered an agency for purposes of such Code sections.
50-25-7.4.
Prospective suppliers may be prequalified for particular types of supplies, services, goods, materials, and equipment at the discretion of the authority. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers. The award of contracts, however, may be conditioned upon prequalification.
50-25-7.5.
(a) If the needed supplies, materials, or equipment can reasonably be expected to be acquired for less than $2,500.00 and are not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding.
(b) Nothing in this Code section shall apply to or affect the laws, rules, and regulations governing emergency purchases.
50-25-7.6.
In case of any emergency arising from any unforeseen causes, including delay by contractors, delay in transportation, breakdown in machinery, unanticipated volume of work, or upon the declaration of a state of emergency by the Governor, the authority shall have power to purchase in the open market any necessary supplies, materials, or equipment for immediate delivery to any agency. A report on the circumstances of the emergency and the transactions thereunder shall be duly recorded in a book or file to be kept by the authority.
50-25-7.7.
(a) Neither the executive director nor any employee of the authority shall be financially interested or have any personal beneficial interest either directly or indirectly in the purchase of or contract for any materials, equipment, or supplies, nor in any such firm, corporation, partnership, or association furnishing any such supplies, materials, or equipment to agencies or the authority. Except as provided in subsection (b) of this Code section, it shall be unlawful for the executive director or any of his or her assistants or any employee of the authority to accept or receive, directly or indirectly, from any person, firm, or corporation to whom any contract may be awarded any money or anything of more than nominal value or any promise, obligation, or contract for future reward or compensation.
(b) Nothing in this Code section shall preclude the executive director or any of his assistants or any employee of the authority from attending seminars, courses, lectures, briefings, or similar functions at any manufacturer's or vendor's facility or at any other place if any such seminar, course, lecture, briefing, or similar function is for the purpose of furnishing the executive director, assistant, or employee with knowledge and information relative to the manufacturer's or vendor's products or services and is one which the executive secretary to the Governor determines would be of benefit to the authority and to the state. In connection with any such seminar, course, lecture, briefing, or similar function, nothing in this Code section shall preclude the executive director, assistant, or employee from receiving meals from a manufacturer or vendor. Nothing in this Code section shall preclude the executive director, assistant, or employee from receiving educational materials and business related items of not more than nominal value from a manufacturer or vendor.
(c) Nothing contained in this Code section shall permit the executive director, assistant, or employee to accept free travel from the manufacturer or vendor outside the State of Georgia or free lodging in or out of the State of Georgia.
(d) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor and shall be removed from office.
50-25-7.8.

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Whenever any agency required by this chapter and the rules and regulations adopted pursuant to this chapter applying to the purchase of supplies, materials, or equipment through the authority shall contract for the purchase of such supplies, materials, or equipment contrary to this chapter or the rules and regulations made pursuant to this chapter, such contract shall be void and of no effect. If any official of such agency willfully purchases or causes to be purchased any supplies, materials, or equipment contrary to this chapter or the rules and regulations made pursuant to this chapter, such official shall be personally liable for the cost thereof; and, if such supplies, materials, or equipment are so unlawfully purchased and paid for out of the state funds, the amount thereof may be recovered in the name of the state in an appropriate action instituted therefor.
50-25-7.9.
(a) As used in this Code section, the term 'person' includes natural persons, firms, partnerships, corporations, or associations.
(b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the authority any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the authority shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposition or sale of other state property.
(c) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the authority for the individual and personal ownership of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property.
(d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor.
50-25-7.10.
The executive director shall submit to the director of the Office of Planning and Budget and the state auditor on a quarterly basis a report of all activity regarding technology and technology resources for each agency and the authority. The report shall accurately represent all financial details including current cash balances, line item detail on expenditures including systems development, personal services, and equipment from the previous quarter and anticipated expenditures for the upcoming quarter, projected year-end balance, depreciated value of capital equipment, and balances of reserve funds established for capital equipment, as well as a status report on personnel position changes including new technology related positions created and existing technology related positions eliminated. The authority spending reports shall comply with the state accounting system object codes.
50-25-7.11.
The Governor shall have the authority to transfer the technology resources as provided in this chapter of all state agencies, except those under the authority, direction, or control of the General Assembly or state-wide elected officials other than the Governor, to the authority. This Code section shall be implemented by executive order of the Governor, and the Governor shall have the authority to implement this Code section in whole or in part, in phases or stages, or in any manner or sequence which he or she may deem appropriate. In making such transfer, the Governor shall consult with the head of the agency affected and shall assure that the transfer shall not interrupt such agency's services.
50-25-7.12.
The authority, the Office of Planning and Budget, and the state auditor shall jointly develop a system for budgeting and accounting of expenditures for technology resources. This system must integrate seamlessly with the technology portfolio management system. Annual reports regarding technology shall be coordinated by the authority with the Office of Planning and Budget and the state auditor and submitted to the Governor, General

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Assembly, and the board on or before October 1 of each year. The authority may adopt an accrual method of accounting.
50-25-7.13.
(a) The authority shall adopt procedures to ensure that the authority and agencies do not acquire, reproduce, distribute, or transmit computer software in violation of United States copyright laws and applicable licensing restrictions.
(b) The authority shall establish procedures to ensure that each agency has present on its computers and uses only computer software that complies with United States copyright laws and applicable licensing restrictions. These procedures may include, without limitation:
(1) Preparing agency inventories of the software present on its computers;
(2) Determining what computer software the agency has the authorization to use; and
(3) Developing and maintaining adequate record-keeping systems."
SECTION 13.
Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the "Information Technology Policy Act of 1995," is amended by striking in their entirety Code Sections 50-29-1 through 50-29-11, which read as follows:
"50-29-1.
This chapter shall be known and may be cited as the 'Information Technology Policy Act of 1995.'
50-29-2.
(a) The General Assembly finds and declares that information technology is a critically important resource to successful, competitive business organizations and to service oriented government agencies in Georgia.
(b) It is the intent of the General Assembly that state government become more service oriented to the general public and to organizations within the private sector. It is the further intention of the General Assembly that state government should expand its use of technology and identify ways in which technology can improve the delivery of services to the public. Such improvements are to include, but are not to be limited to:
(1) The elimination of paper records, insofar as possible, in order to increase government efficiency;
(2) The provision of a simplified and more efficient manner for filing paper or electronic documents in order to make such requirements less burdensome for citizens;
(3) The ability for all citizens to have easy electronic access to public data, within necessary security restrictions;
(4) The ability to submit payments and receive refunds electronically in order to facilitate such activities for citizens;
(5) The ability for all state agencies to have access to and exchange state information freely and easily, within necessary security restrictions, in order to reduce redundancy and to increase agency efficiency;
(6) The ability to be flexible and adaptable in order to avoid obsolescence and provide maximum benefits to all citizens; and
(7) Other improvements as appropriate.
(c) It is the further intent of the General Assembly that:

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(1) State government provide the leadership needed to maximize the application of information technology as a means for promoting economic development across the state and thereby improve the quality of life for all Georgians;
(2) State agencies should maximize efficiency and resources and avoid duplication in the implementation of information technology. To achieve this efficiency, there should be coordination of efforts, when similar client populations are affected, in the development or installation, or both, of information technology based services. The coordination of such activities should occur among divisions of an agency, among agencies, and across jurisdictions as appropriate; and
(3) The Georgia Information Technology Policy Council shall develop and implement plans, policies, and standards to effectuate the legislative intent described in this Code section. The general approach of such council in carrying out its mission shall be to develop a strategic plan addressing these state level needs and purposes. Any further policies, standards, and other actions necessary to achieve the objectives in the approved plan shall be implemented by such council.
50-29-3.
As used in this chapter, the term:
(1) 'Agency' means state agencies, authorities, boards, and commissions.
(2) 'Chairperson' means the chairperson of the Georgia Information Technology Policy Council.
(3) 'Chief information officer' means the chief information officer of the Georgia Information Technology Policy Council.
(4) 'Council' means the Georgia Information Technology Policy Council.
(5) 'Local government' means any county, city, or consolidated government in this state.
(6) 'Private sector' means any nongovernment, privately owned entity in this state.
50-29-4.
(a)(1) The Georgia Information Technology Policy Council is created.
(2) The council shall be composed of 18 members. Nine of the members shall represent state agencies, two shall represent local governments, and seven shall represent the private sector.
(3) The nine members representing state agencies shall be as follows:
(A) The commissioner of administrative services, or such commissioner's designee;
(B) The director of the Office of Planning and Budget, or such director's designee;
(C) The chancellor of the University System of Georgia, or such chancellor's designee;
(D) The State School Superintendent, or such superintendent's designee;
(E) The executive director of the Georgia Public Telecommunications Commission, or such executive director's designee;
(F) The state auditor, or such auditor's designee;

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(G) The commissioner of transportation, or such commissioner's designee;
(H) The commissioner of technical and adult education, or such commissioner's designee; and
(I) The commissioner of community affairs, or such commissioner's designee.
(4) The two members representing local governments shall be appointed by the Governor. The Governor shall designate the initial terms of the members of the council from local governments as follows: one member shall be appointed for a term of two years, expiring June 30, 1997; and one member shall be appointed for a term of three years, expiring June 30, 1998. Thereafter, all successors shall be appointed for a term of three years and until such person's successor is appointed and qualified.
(5) The seven members representing the private sector shall be appointed by the Governor. The Governor shall designate the initial terms of the members of the council from the private sector as follows: two members shall be appointed for a term of one year, expiring June 30, 1996; two members shall be appointed for a term of two years, expiring June 30, 1997; and three members shall be appointed for a term of three years, expiring June 30, 1998. Thereafter, all successors shall be appointed for a term of three years and until such person's successor is appointed and qualified.
(b) Vacancies on the council shall be filled as follows:
(1) For appointees representing state agencies, any vacancy shall be filled by the successor to the position which becomes vacant;
(2) For appointees representing local governments, vacancies shall be filled by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term;
(3) For appointees representing the private sector, vacancies shall be filled by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term.
(c) The Governor shall appoint a chairperson from the private sector membership of the council, and said appointee shall be the presiding officer of the council.
(d) The council may elect a vice chairperson and a secretary and any other officers deemed appropriate.
50-29-5.
(a) Meetings of the council shall be held at the call of the chairperson or upon the request of a majority of the councilmembers. Meetings may be held in person, by telephone, or by any other electronic means at the option of the council.
(b) Nine members of the council shall constitute a quorum; and the affirmative votes of a majority of the members present at a meeting shall be required for any action to be taken by the council but shall not be less than a majority of those authorized to be appointed to the council.
(c) Each member of the council who is not otherwise a state officer or employee is authorized to receive an expense allowance and reimbursement from funds of the council in the same manner as provided for in Code Section 45-721. Each member of the council who is otherwise a state officer or employee shall be reimbursed by the agency of which he or she is an officer or employee for expenses actually incurred in the performance of his or her duties as a member of the council. Except as specifically provided in this subsection, members of the council shall receive no compensation for their services.
50-29-6.

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The council shall have the following powers and duties:
(1) Provide strategic planning and direction for information technology deployment and development;
(2) Set information technology policy for the executive branch of state government including all state agencies, the board of regents, and all authorities;
(3) Formulate and promulgate standards which promote an open architecture of computer systems and technology systems and facilitate the communication of information and data among public sector agencies and jurisdictions, private sector organizations, and the general public. Such standards shall be compatible with national and international computer and technology standards;
(4) Establish private and public sector advisory committees to explore opportunities of shared infrastructure and data and for other purposes. Such committees shall include a standing state agency advisory committee composed of representatives from agencies in all branches of state government;
(5) Coordinate with the legislative and judicial branches of state government;
(6) Coordinate with local and federal governments;
(7) Identify alternative funding approaches;
(8) Review the issue of ownership versus custodianship of information within state government and recommend legislation as needed to address this issue;
(9) Make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the council or to further the public purpose of the council; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(10) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of personal property of every kind and character or any interest therein, in furtherance of the public purpose of the council; provided, however, all such acquisitions, purchases, leases, or disposal of personal property shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(11) Apply for and accept any gifts or grants or loan guarantee or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(12) Contract with private sector organizations for goods and services; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(13) Contract with state agencies or any local government for the use by the council of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the council; and such state agencies and local governments are authorized to enter into such contracts; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title;
(14) Coordinate with other state agencies and authorities to establish policies concerning access to information and to establish fees and charges for data, media, and incidental services;
(14.1) Investigate and recommend a public key infrastructure policy which shall consist of a state sanctioned method of ensuring the legal authority and integrity of electronic documents; and
(15) Do all things necessary or convenient to carry out the powers conferred by this chapter.

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50-29-7.
(a) There is created the position of chief information officer who shall be both appointed and removed by the council. The council shall set the salary for the chief information officer.
(b) Subject to the general policy established by the council, the chief information officer shall have the following powers and duties:
(1) To supervise, direct, account for, organize, plan, administer, and execute the functions required of the chief information officer by the council;
(2) To employ such other professional, technical, and clerical personnel as the chief information officer may deem necessary to carry out the duties prescribed as funds are made specifically available by the council.
(c) All employees of the chief information officer shall be in the unclassified service of the state merit system.
(d) The chief information officer shall work cooperatively and collaboratively with other state agencies to minimize such chief information officer's permanent staffing needs.
50-29-8.
The council shall be attached for administrative purposes only to the Office of Planning and Budget.
50-29-9.
(a) By September 1, 1995, in cooperation and coordination with state agencies, authorities, the Board of Regents of the University System of Georgia, the state judiciary, and the General Assembly, the council shall develop a state strategic plan for information technology deployment and development. This plan shall be updated annually and shall cover a five-year period. The state strategic plan shall contain a description of the future direction for information technology; a statement of the mission of state government in regards to information technology; a description of the current and anticipated future needs being addressed by such future direction and mission; a description of planned actions designed to address these needs, including an implementation timetable; a description of the evaluation system to be used to determine if the needs are being attained; an estimated annual cost for each planned action; and any other item the council deems necessary.
(b) By September 1, 1995, and each September 1 thereafter, each state agency, authority, the Board of Regents of the University System, the General Assembly, and the state judiciary shall submit to the council, concurrent with the submission of their official budget requests to the Office of Planning and Budget, the Legislative Budget Office, and the chairperson and vice chairperson of the Budgetary Responsibility Oversight Committee a copy of those elements of their continuation and improvement budget requests that detail their information technology needs. The information technology continuation budget component shall contain a detailed analysis of the current information technology systems and the costs associated with such systems. The information technology improvement component shall contain a detailed analysis of each improvement item, including information regarding how this request corresponds to the agency strategic plan and the state information technology strategic plan.
(c) By November 1, 1995, and each November 1 thereafter, the council shall issue a report to the Office of Planning and Budget, the Legislative Budget Office, and the chairperson and vice chairperson of the Budgetary Responsibility Oversight Committee. This report shall include specific recommendations concerning each agency information technology budget request as to whether funding would be appropriate in regard to the state strategic plan and whether such request coordinates with and complements other agency budget requests.
50-29-10.
The Attorney General shall provide legal services for the council in the same manner provided for in Code Sections 45-15-13 through 45-15-16.

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50-29-11. All state agencies, authorities, commissions, and boards are authorized and directed to provide assistance to the council, as requested, in the performance of the duties of the council.", and inserting in lieu thereof the following: "50-29-1. The Georgia Technology Authority shall be the successor in interest to the Georgia Information Technology Policy Council created by Ga. L. 1995, p. 761, as amended, and all debts, obligations, and liabilities of said council shall become the debts, obligations, and liabilities of said authority. 50-29-2. Reserved. 50-29-3. Reserved. 50-29-4. Reserved. 50-29-5. Reserved. 50-29-6. Reserved. 50-29-7. Reserved. 50-29-8. Reserved. 50-29-9. Reserved. 50-29-10. Reserved. 50-29-11. Reserved."
SECTION 14.

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Code Section 50-29-12 of the Official Code of Georgia Annotated, relating to authorization for state agencies to establish pilot projects to serve as models for application of technology, is amended by striking said Code section and inserting in lieu thereof the following:
"50-29-12.
(a) The General Assembly desires to promote economic development and efficient delivery of government services by encouraging state governmental agencies and private sector entities to conduct their business and transactions using electronic media.
(b) All state agencies, authorities, and boards are authorized to establish pilot projects, which are to serve as models for the application of technology such as electronic signatures, through public and private partnerships with private companies providing such technology related services. Such pilot projects shall be approved by the Georgia Information Technology Policy Council Authority. Such projects shall consider both commercial and government applications, be inclusive of major categories of electronic signature technology, and be established through a request for proposal process. The pilot projects are intended to provide a proof of concept for the application of technology, such as electronic signatures, and to serve to educate the General Assembly and the public at large as to the benefits of electronic signatures as well as the role of state government in any future regulatory capacity. One such pilot project may involve digital signatures and the use of a public key infrastructure established by a service provider. Any private partner chosen for these pilot projects may establish user fees to pay for the cost of these services so that no state funds would be required.
(c) State agencies establishing pilot projects shall submit quarterly progress reports on such projects to the Georgia Information Technology Policy Council Authority, and the council authority shall then submit such reports to the Electronic Commerce Study Committee. The council authority shall monitor the success of such pilot projects and provide technical assistance to the extent that resources of the council authority are available.
(d) There is created the Electronic Commerce Study Committee to be composed of 13 11 members. The committee shall study the issues relating to electronic records and signatures. The President of the Senate shall appoint five members to the committee, three of whom shall be members of the Senate and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The Speaker of the House of Representatives shall appoint five members to the committee, three of whom shall be members of such House and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The members of the committee shall serve for terms of office beginning at the time of their appointment and expiring December 31 of each even-numbered year. Vacancies occurring on the committee shall be filled in the same manner as the original appointment to serve out the remaining unexpired term of office. The President of the Senate and Speaker of the House of Representatives shall also each designate from among their legislator appointees one cochair of the committee to serve as cochair during their terms of office as a member of the committee. The GeorgiaNet Authority shall appoint one member to the committee. The Georgia Information Technology Policy Council shall appoint one member to the committee. The Secretary of State shall appoint one member to the committee. The committee, upon the call of either cochair, is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties, and accomplish its objectives and purposes. Members of the committee who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee. Private persons appointed to the committee shall also be reimbursed for expenses incurred by them in the performance of their duties as members of the committee from funds available to the Department of Administrative Services. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 15 of each year. The Electronic Commerce Study Committee created in this subsection shall be terminated on December 31, 2000 2002, and this subsection shall be repealed in its entirety on December 31, 2000 2002."
SECTION 15.
This Act shall become effective on July 1, 2000.

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SECTION 16.
All laws and parts of laws in conflict with this Act are repealed.
Senator Tanksley of the 32nd moved that the Senate agree to the House substitute to SB 465 as amended by the following amendment:
Amend the House substitute to SB 465 by striking all of Code Section 50-25-7.3 from page 32, line 1 through page 34, line 28, and inserting in its place the following:
"50-25-7.3.
(a) Except as otherwise provided in this chapter, authority contracts shall be awarded by soliciting competitive sealed proposals or competitive sealed bids, as follows:
(1) Proposals or bids shall be solicited through a request for proposals or bids;
(2) Adequate public notice of the request for proposals or bids shall be given;
(3) A register of proposals and bids identifying submitting vendors shall be prepared and made available for public inspection;
(4) The request for proposals or bids shall describe the evaluation factors to be considered in the award of the contract;
(5) The terms of the request for proposals or bids may allow for discussions or revisions but shall provide for fair and equal treatment of all vendors. In conducting discussions there shall be no disclosure of any information derived from proposals or bids submitted by competing vendors; and
(6) The award shall be made to the responsible vendor or vendors complying with the technology and architecture standards and policies of the authority whose proposal or bid was timely and is determined in writing to be the most advantageous to the state, taking into consideration the evaluation factors set forth in the request for proposals or bids. No other factors or criteria shall be used in the evaluation.
(b) When proposals or bids received pursuant to this Code section are unreasonable or unacceptable, are noncompetitive, or exceed available funds and it is determined in writing by the authority that time or other circumstances will not permit the delay required to resolicit competitive proposals or bids, a contract may be negotiated pursuant to this Code section, provided that each qualified vendor who submitted such a proposal or bid under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate.
(c) Every proposal or bid solicited pursuant to this Code section, together with the name of the vendor, shall be recorded, and all such records shall, after award or letting of the contract, be subject to public inspection upon request. Sealed proposals or bids shall be opened in public by the authority, which shall canvass the proposals or bids and award the contract according to the terms of this chapter.
(d) On all sealed proposals or bids received or solicited by the authority the following certificate of independent price determination shall be used:
'I certify that this proposal (or bid) is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal (or bid) for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this proposal (or bid) and certify that I am authorized to sign this proposal (or bid) for the vendor.'

Wednesday, March 22, 2000

2387

(e) The authority is authorized to promulgate rules and regulations to implement the procedures of this Code section or by rule and regulation to implement alternative purchasing procedures advantageous to the state. All rules and regulations relating to implementation of purchasing procedures shall be adopted through public publication, notice, and comment pursuant to and subject to Code Sections 50-13-4, 50-13-6, 50-13-7, and 50-13-8, and the authority shall be considered an agency for purposes of such Code sections."

By striking the number "11" on line 38 of page 48 and inserting in its place the number "12".

By adding after the period on line 18 of page 49 the following:

"The chief information officer of the Georgia Technology Authority shall also serve as a member of the committee."

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Hamrick Harbison
Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith
Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 465 as amended by the Senate.
The following bill was taken up to consider House action thereto:
SB 436. By Senators Johnson of the 1st and Egan of the 40th:
A bill to be entitled an Act to amend Code Section 1-3-3 of the O.C.G.A., relating to definitions of terms in the O.C.G.A., so as to define the term "statutory overnight delivery"; to amend Code Section 9-10-12 of the O.C.G.A., relating to delivery of notices by certified or registered mail, so as to provide for delivery of notices by overnight delivery through the postal service or a commercial delivery service; to define and authorize delivery by "statutory overnight delivery"; to provide for references in laws, statutes, Code sections, ordinances, rules, and regulations; to amend numerous provisions of the O.C.G.A. so as to authorize delivery in such manner of notices previously required to be delivered by registered or certified mail; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
Amend Senate Bill 436 on page 7, line 35 by striking the following:

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"15-11-27"

and inserting in lieu thereof the following:

"15-11-39.1"

Further amend on page 7, line 38 by striking the following:

"15-11-83"

and inserting in lieu thereof the following:

"15-11-96"

Senator Johnson of the 1st moved that the Senate agree to the House amendment to SB 436.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr
Stephens Y Stokes Y Streat C Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R C Thompson
Walker Y Williams

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 436.
The following bill was taken up to consider House action thereto:
SB 498. By Senator Smith of the 25th:
A bill to be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:

Wednesday, March 22, 2000

2389

A BILL
To be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
For purposes of this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Baldwin County including, but not limited to, taxes to retire bonded indebtedness but not including county school district ad valorem taxes for educational purposes.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property.
SECTION 2.
Each resident of Baldwin County is granted an exemption on that person's homestead from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of the amount exempted by this section shall remain subject to taxation.
SECTION 3.
The tax commissioner of Baldwin County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4.
The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Baldwin County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 5.
The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes.
SECTION 6.
The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Baldwin County ad valorem taxes for county purposes.
SECTION 7.

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The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2001.

SECTION 8.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Baldwin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Baldwin County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2000, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words:

"( ) YES Shall the Act be approved which provides for a homestead exemption from Baldwin County ad valorem taxes for county
( ) NO purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased for periods of not less than ten years to residents of that county?"

All persons desiring to vote for approval of this 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 this Act, then Sections 1 through 7 of this Act shall become of full force and effect on January 1, 2001, and shall be applicable to all taxable years beginning on or after January 1, 2001. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of 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 Baldwin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 9.

Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 10.

All laws and parts of laws in conflict with this Act are repealed.

Senator Smith of the 25th moved that the Senate disagree to the House substitute to SB 498.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 498.

The following bill was taken up to consider House action thereto:

SB 331.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th, Blitch of the 7th and Jackson of the 50th:

A bill to be entitled an Act to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to dealers in agricultural products, so as to change the provisions relating to the exemption of holders of food sales establishment licenses from the provisions of such article; to repeal conflicting laws; and for other purposes.

The House amendment to the Senate amendment to the House substitute was as follows:

Wednesday, March 22, 2000

2391

Amend the Senate amendment to the House substitute to SB 331 by adding following line 4 of page 1 the following:
"By adding after the semicolon on line 7 of page 1 the following:
'to amend Chapter 19 of Title 2 of the Official Code of Georgia Annotated, relating to Georgia Cotton Producers Indemnity Fund of 1999, so as to change the provisions relating to payment of funds from the Georgia Cotton Producers Indemnity Fund of 1999; to provide for a definition; to provide for payment of claims for certain additional losses; to provide for practices, procedures, qualifications, and requirements; to provide for and to change certain time limits; to provide effective dates;'.
By redesignating Section 4 as Section 7.
By adding following line 39 on page 2 the following:
'SECTION 4.
Chapter 19 of Title 2 of the Official Code of Georgia Annotated, relating to Georgia Cotton Producers Indemnity Fund of 1999, is amended by striking subsection (f) of Code Section 2-19-5, relating to the creation of the Georgia Cotton Producers Indemnity Fund of 1999, and inserting in its place the following:

"(f) All amounts in the Georgia Cotton Producers Indemnity Fund of 1999 shall be paid out no later than January 1, 2000. If more than $5 million has been paid to cotton producers prior to such date January 1, 2000, and the total amount of eligible claims is less than $10 million, any excess funds in the Georgia Cotton Producers Indemnity Fund of 1999 shall be paid to the general fund of the state treasury expended as provided in Code Section 2-19-5.1. If less than $5 million has been paid to cotton producers, the difference between the total amount paid to cotton producers and $5 million shall be returned to the secretary of agriculture of the United States and any amounts remaining above such $5 million shall be paid to the general fund of the state treasury. "
SECTION 5.
Said chapter is further amended by adding a new Code Section 2-19-5.1 to read as follows:
"2-19-5.1.
(a) As used in this Code section, the term 'cotton ginner' means any person, firm, partnership, limited liability company, or corporation which operated a cotton gin in this state on May 1, 2000, and which incurred a loss as described in this Code section on or before May 1, 2000.
(b) Notwithstanding any other provision of this chapter, any moneys remaining in the Georgia Cotton Producers Indemnity Fund of 1999 on January 1, 2000, after all valid and properly filed claims filed on or before May 1, 2000, have been paid shall be paid to cotton ginners who:
(1) Incurred a loss as the result of the business failure of any cotton buyer doing business in this state or the failure or refusal of any such such cotton buyer to pay the contracted price which had been agreed upon by the ginner and the buyer for cotton grown in this state on or after January 1, 1997, and which had been purchased or contracted by the ginner from cotton producers in this state;
(2) Paid cotton producers the amount which the cotton ginner had agreed to pay for such cotton received from such cotton producers in this state;
(3) Notified the Commissioner on or before May 1, 2000, either orally or in writing, of a loss sustained by such cotton ginner as a result of the business failure of any cotton buyer doing business in this state or the failure or refusal of such cotton buyer to pay the contracted price which had been agreed upon by the ginner and the buyer for cotton grown in this state on or after January 1, 1997, and which had been purchased or contracted by the ginner from cotton producers in this state; and

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(4) File a claim for indemnification from the Georgia Cotton Producers Indemnity Fund of 1999 with the Commissioner, in writing and accompanied by sufficient proof of such losses, on or before July 1, 2000.

(c) Claims shall be filed by cotton ginners, shall contain the same information, and shall be verified in the same manner as provided in Code Section 2-19-4 for claims by cotton producers. The Commissioner shall have the same powers and duties to investigate, process, and pay claims of cotton ginners as provided in Code Section 2-19-3 for claims of cotton producers. Claims and the acceptance of payments on such claims shall be subject to Code Sections 2-19-6 and 2-19-7. Properly verified and proven claims filed by cotton ginners on or before July 1, 2000, shall be paid by the Commissioner from the fund on or before December 31, 2000. Such claims shall be paid only from moneys remaining in the fund on January 1, 2000. The payment of such claims shall not affect any payments which have previously been made to cotton producers from the fund. If insufficient moneys remain in the fund to pay the total amount of all claims filed by cotton ginners, claims shall be paid on a proportional basis, based on the ratio of each cotton ginner's properly filed and proven claim to the total of all cotton ginners' claims properly filed and proven. Any moneys remaining in the Georgia Cotton Producers Indemnity Fund of 1999 on January 1, 2001, after the payment of claims shall be paid into the general fund of the state treasury."

SECTION 6.

Sections 4, 5, and 7 of this Act and this section of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. All other sections of this Act shall become effective on July 1, 2000.".

Senator Ragan of the 11th moved that the Senate agree to the House amendment to the Senate amendment to the House substitute to SB 331.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Hamrick Y Harbison
Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes C Streat C Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R C Thompson
Walker Williams

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to the House substitute to SB 331.
The following resolution was taken up to consider House action thereto:

Wednesday, March 22, 2000

2393

HR 1188. By Representatives Houston of the 166th, Walker of the 141st, Coleman of the 142nd and Shaw of the 176th:

A resolution honoring the life of Billy Browning and designating the Billy Browning Highway; and for other purposes.

Senator Blitch of the 7th moved that the Senate insist on its amendment to HR 1188.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted on its amendment to HR 1188.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has disagreed to the Senate substitute to the following bill of the House:

HB 1240.

By Representatives Campbell of the 42nd and Massey of the 86th:

A bill to amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to provide that sodomy with a person who is less than ten years of age shall constitute the offense of aggravated sodomy.

The House insists on its position in amending the Senate amendment and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1135.

By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:

A bill to amend Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, so as to change certain provisions regarding preferences to certain economically depressed counties.
The Speaker has appointed on the part of the House, Representatives Hudson of the 156th, Parrish of the 144th and Royal of the 164th.

The House insists on its position in substituting the following bill of the Senate:

SB 524.

By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:

A bill to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to provide for erosion and sediment control plans for certain construction or maintenance projects of the Department of Transportation or the State Tollway Authority; to provide for an Erosion and Sediment Control Overview Council and the appointment, powers, duties, and compensation of members thereof; to change certain provisions relating to exemptions from the applicability of provisions of said chapter; to repeal conflicting laws.

The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 349.

By Senators Crotts of the 17th, Harbison of the 15th, Price of the 56th and others:

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A bill to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, so as to change the provisions relating to special license plates for military reservists and provide for identifying the branches of the reserve and for retired reservists; to change the provisions relating to proof of eligibility for certain members and retired members of the National Guard; to repeal conflicting laws.

The Speaker has appointed on the part of the House, Representatives Sauder of the 29th, Parsons of the 40th and Roberts of the 162nd.

The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:

SB 364.

By Senators Guhl of the 45th and Crotts of the 17th:

A bill to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records that are not subject to public disclosure, so as to exempt from public disclosure certain personal information of persons or entities obtained by counties or municipalities in connection with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems; to repeal conflicting laws.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 211.

By Senators Thompson of the 33rd, Butler of the 55th, Gingrey of the 37th and others:

A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to seat belt equipment requirements and safety restraints for children under four years of age.

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 376.

By Senators Butler of the 55th, James of the 35th, Brown of the 26th and others:

A bill to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to prohibit police officers from using race as a factor in their decision to stop a motorist; to repeal conflicting laws.

The following bill was taken up to consider the Conference Committee report thereto:

HB 1361. By Representatives Lucas of the 124th, Snow of the 2nd, Skipper of the 137th and Lane of the 146th:

A bill to be entitled an Act to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Ethics in Government Act," so as to require newspapers and other companies which accept paid political advertisements to maintain certain records concerning the identity of persons purchasing such advertisements; to provide for civil penalties to be imposed by the State Ethics Commission for violations; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Conference Committee report was as follows:
The Committee of Conference on HB 1361 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1361 be adopted.
Respectfully submitted,

Wednesday, March 22, 2000

2395

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Meyer von Bremen of the 12th /s/ Senator Gillis of the 20th /s/ Senator Kemp of the 3rd

/s/ Representative Lucas of the 124th /s/ Representative Skipper of the 137th /s/ Representative Snow of the 2nd

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1361

A BILL

To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to make clerical and conforming changes to the Georgia Election Code; to provide that candidates for county and municipal offices who pay a qualifying fee with a check that is dishonored are automatically found not to have met the qualifications for holding the office sought; to allow the State Elections Board to authorize the Secretary of State to investigate violations of the Georgia Election Code; to require newspapers, television companies, radio companies, and other companies which accept paid political advertisements to maintain certain records concerning the identity of persons purchasing such advertisements; to provide for civil penalties to be imposed by the State Election Board for violations; to provide that qualifying periods and primaries and elections may be extended or postponed in the event the Governor declares a state of emergency or natural disaster; to provide that municipal election superintendents be appointed in a public meeting; to change municipal write-in candidate's time to give notice of such candidacy; to provide that state officers may not be a candidate for more than one office; to provide that municipal registrars must be registered Georgia voters and to eliminate the requirement that they be residents of their municipality; to change provisions relating to a voter's change of address; to provide for incumbency to be noted on a ballot in a nonpartisan election and to provide that candidates be listed alphabetically; to provide that ballots be supplied in a number equal to that of active registered voters; to provide that addresses of candidates who have the same last name shall be printed on the ballots or ballot labels as appropriate; to change provisions relating to testing of tabulating machines; to provide that absentee voters who vote in person shall show the same identification a voter must show at the polling place; to eliminate the use of a hunting or fishing license as proper voter identification; to eliminate the requirement that one poll in a special election for a member of the General Assembly shall be open even if only one candidate qualifies for the special election; to provide that tampering with voting equipment is a felony; to change provisions relating to recall elections; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by redesignating subsection (d) of Code Section 21-2-6, relating to qualifications of candidates for county and municipal offices, as subsection (e) and inserting a new subsection (d) to read as follows:

"(d) In the event that a candidate pays his or her qualifying fee with a check that is subsequently returned for insufficient funds, the superintendent shall automatically find that such candidate has not met the qualifications for holding the office being sought, unless the bank, credit union, or other financial institution returning the check certifies in writing by an officer's or director's oath that the bank, credit union, or financial institution erred in returning the check."

SECTION 2.

Said title is further amended by striking paragraph (5) of Code Section 21-2-31, relating to the powers and duties of the State Election Board, and inserting in lieu thereof a new paragraph to read as follows:

"(5) To investigate, or authorize the Secretary of State to investigate, when necessary or advisable the administration of primary and election laws and frauds and irregularities in primaries and elections and to report violations of the primary and election laws either to the Attorney General or the appropriate district attorney who shall be responsible

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for further investigation and prosecution. Nothing in this paragraph shall be so construed as to require any complaining party to request an investigation by the board before such party might proceed to seek any other remedy available to that party under this chapter or any other provision of law;".
SECTION 3.
Said title is further amended by adding following Code Section 21-2-34, relating to compensation and expenses of members of the State Election Board, a new Code section to read as follows:
"21-2-35.
(a) Every newspaper company, billboard company, television company, radio company, and every other company which publishes, broadcasts, displays, or disseminates any paid political advertisement in a publication which it distributes shall comply with the requirements of this Code section. Any such company shall require the display of a driver's license or other valid photographic identification which provides the name and address of the person who pays such company for publication, broadcast, display, or dissemination of a political advertisement. Any such company shall photocopy such license or other identification and shall maintain for at least one year a photocopy or other equivalent record of the identification so displayed, together with a record of the advertisement so paid for. Any such company shall also maintain for at least one year a photocopy or other equivalent record of any check or other payment accepted by it in payment for publication, broadcast, display, or dissemination of a political advertisement, together with a record of the advertisement so paid for. Any such company shall upon request by the State Election Board make all records required by this subsection available to the State Election Board in the performance of its duties.
(b) Any company which violates any provision of subsection (a) of this Code section shall be subject to a civil penalty not to exceed $500.00 for the first such violation and not to exceed $1,000.00 for the second or subsequent such violation. Any such penalty shall be imposed and collected by the State Election Board pursuant to the provisions of this chapter."
SECTION 4.
Said title is further amended by adding following Code Section 21-2-50, relating to powers and duties of the Secretary of State, a new Code section to read as follows:
"21-2-50.1.
In the event the Governor declares that a state of emergency or disaster exists pursuant to Code Section 38-3-51, the Secretary of State is authorized to postpone or extend the qualifying periods provided in this chapter for the qualification of candidates seeking municipal, county, or state-wide office and to postpone the date of any primary, special primary, election, or special election in the affected area. The Secretary of State shall exercise the powers granted by this Code section carefully, and any such postponement or extension shall be reasonable."
SECTION 5.
Said title is further amended by striking Code Section 21-2-70.1, relating to municipal superintendents, and inserting in lieu thereof a new Code section to read as follows:
"21-2-70.1.
(a) The municipal superintendent shall conduct, in accordance with this chapter, all municipal elections held within his or her municipality.
(b) The municipal superintendent shall be a person or committee selected in the manner prescribed by the governing authority of the municipality in a public meeting and such selection shall be recorded in the minutes of such meeting. with compensation The municipal superintendent shall receive compensation fixed and paid by the governing authority of the municipality from municipal funds. A parent, spouse, child, brother, sister, father-in-law,

Wednesday, March 22, 2000

2397

mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal superintendent in any precinct primary or election in which such candidate's name appears on the ballot in any primary or election."
SECTION 6.
Said title is further amended by striking subsection (a) of Code Section 21-2-133, relating to procedures for write-in candidacy, and inserting in lieu thereof a new subsection to read as follows:
"(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published in the case of a general election no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election for county, state, and federal elections and no later than the day that the municipal qualifying period closes for municipal elections, or, in the event no candidate has qualified by the close of the municipal qualifying period, seven days, excluding Saturday and Sunday, after the close of such municipal qualifying period in the case of a general election or at least 20 or more days prior to a special election. Such notice of candidacy must be filed and published by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
(1) In a state general or special election, notice shall be filed with the Secretary of State and published in a paper of general circulation in the state;
(2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ of the same county; or
(3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election."
SECTION 7.
Said title is further amended by striking Code Section 21-2-136, relating to restriction on number of offices for which an individual may be nominated or be a candidate at any one election, and inserting in lieu thereof a new Code section to read as follows:
"21-2-136.
No person shall be nominated, nor shall any person be a candidate in a primary, election, or special election, for more than one of the following public offices to be filled at any one election or special election: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, United States senator or representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, members of the Senate and House of Representatives of the General Assembly, any elected state officer, any elected county officer, and any elected municipal officer."
SECTION 8.
Said title is further amended by striking subsection (a) of Code Section 21-2-214, relating to qualifications and duties of registrars and deputy registrars, and inserting in lieu thereof a new subsection to read as follows:
"(a) County registrars Registrars and deputy registrars shall be electors of the county or municipality in which they are appointed and shall be able to read, write, and speak the English language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language."
SECTION 9.

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Said title is further amended by striking Code Section 21-2-218, relating to address changes and corrections and cancellation of voter registration in former state or county, and inserting in lieu thereof a new Code section to read as follows:
"21-2-218.
(a) Any person, who is registered to vote in another state and who moves such person's residence from that state to this state, shall, at the time of making application to register to vote in this state, provide such information as specified by the Secretary of State in order to notify such person's former voting jurisdiction of the person's application to register to vote in this state and to cancel such person's registration in the former place of residence.
(b) Any person, who is registered to vote in another county or municipality in this state and who moves such person's residence from that county or municipality to another county or municipality in this state, shall, at the time of making application to register to vote in that county or municipality, provide such information as specified by the Secretary of State in order to notify such person's former voting jurisdiction of the person's application to register to vote in the new place of residence and to cancel such person's registration in the former place of residence.
(c) In the event that an elector moves to a residence within the county or municipality and has a different address from the address contained on the person's registration card, it shall be the duty of such elector to notify the board of registrars of such fact at least 30 days by the fifth Monday prior to the primary or election in which such elector wishes to vote by submitting the change of address in writing. The board of registrars shall then correct the elector's record to reflect the change of address and place the elector in the proper precinct and voting districts. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county or municipality which is different from the address contained on the person's registration card.
(d) In the event that an elector moves to a residence within the county or municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact at least 30 days by the fifth Monday prior to an election or primary such elector shall vote in the precinct of such elector's former residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms furnished by the Secretary of State which shall be completed by each such elector to reflect such elector's present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and voting districts and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which such elector has previously been voting, such elector shall be notified of the new polling place by first-class mail.
(e) Any provision of this chapter to the contrary notwithstanding, an elector who moves from one county or municipality to another within 30 days after the fifth Monday prior to a primary or election may vote in the county or municipality or precinct in which such elector is registered to vote.
(f) No person shall vote in any county or municipality other than the county or municipality of such person's residence except as provided in subsection (e) of this Code section.
(g) In the event that the registration records incorrectly indicate that an elector has moved from an address within a precinct, the elector may vote in the precinct upon affirming in writing on a form prescribed by the Secretary of State that the elector still resides in the precinct at the address previously provided to the board of registrars. The registrars shall correct the elector's registration record to reflect the correct address.
(h) If a voter registration application is completed at a polling place for the purpose of recording a change of address and the new address is outside the county, then the registrar shall forward the application to the registrar in the new county of residence."
SECTION 10.

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2399

Said title is further amended by striking Code Section 21-2-285.1, relating to nonpartisan elections, and inserting in lieu thereof a new Code section to read as follows:
"21-2-285.1.
The names of all candidates nominated in the nonpartisan primary shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: 'Place a cross (X) or check (/) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged alphabetically by last name under the title of the office for which such candidate was nominated in the official nonpartisan primary. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a plurality of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election. The candidate having a plurality of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office."
SECTION 11.
Said title is further amended by striking Code Section 21-2-290, relating to the provision of ballots by the superintendent, and inserting in lieu thereof a new Code section to read as follows:
"21-2-290.
The superintendent shall provide, for each precinct in which a primary or election is to be held, a sufficient number of ballots equal to the number of active registered electors."
SECTION 12.
Said title is further amended by adding following Code Section 21-2-325, relating to the form of ballot labels for voting machines, a new Code section to read as follows:
"21-2-325.1.
If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, the superintendent of elections, in the case of county offices, or the official with whom such candidates qualify, in the case of municipal elections, shall print or cause to be printed the residence address of all candidates for such nomination or office on the ballot label under their names. The designated official shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residence address of all candidates for that office on the ballot label; and the decision of the designated official shall be conclusive."
SECTION 13.
Said title is further amended by striking subsection (c) of Code Section 21-2-359, relating to preparation of vote recorders, and inserting in lieu thereof a new subsection to read as follows:

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"(c) On or before the third day preceding a primary or election, the superintendent shall have the tabulating machines tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so punched or marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballot cards which are improperly marked and one or more ballot cards which have votes in excess of the number allowed by law in order to test the ability of the tabulating machine to reject such votes. The tabulating machine shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the machine is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The superintendent or custodian shall also prepare the vote recorders for voting at the various polling places to be used in the primary or election. In preparing the vote recorders, he or she shall arrange the recorders and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the vote recorders, and file a certificate in the office of the superintendent of the county or the city clerk of the municipality that the recorders are in proper order with correct ballot labels."
SECTION 14.
Said title is further amended by striking Code Section 21-2-380.1, relating to the appointment of absentee ballot clerks, and inserting in lieu thereof a new Code section to read as follows:
"21-2-380.1.
The governing authority of a municipality shall appoint an absentee ballot clerk who may be the county registrar, municipal registrar, or any other designated official and who shall perform the duties set forth in this article."
SECTION 15.
Said title is further amended by striking subsection (b) of Code Section 21-2-381, relating to applications for absentee ballots and eligibility to vote by absentee ballot, and inserting in lieu thereof a new subsection to read as follows:
"(b) Upon receipt of a timely application, a registrar or absentee ballot clerk shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. In order to be found eligible to vote an absentee ballot in person at the registrar's office or absentee ballot clerk's office, such person shall show one of the forms of identification listed in Code Section 21-2-417. If found eligible, the registrar or absentee ballot clerk shall certify by signing in the proper place on the application and shall either mail the ballot as provided in this Code section or issue the ballot to the elector to be voted within the confines of the registrar's or absentee ballot clerk's office or deliver the ballot in person to the elector if such elector is confined to a hospital. If found ineligible, the clerk or the board of registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of ineligibility, a copy of which notification should be retained on file in the office of the board of registrars or absentee ballot clerk for at least one year. If the registrar or clerk is unable to determine the identity of the elector from information given on the application, the registrar or clerk should promptly write to request additional information. In the case of an unregistered applicant who is eligible to register to vote, the clerk or the board shall immediately mail a blank registration card as provided by Code Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election, if the registration card, properly completed, is returned to the clerk or the board on or before the last day for registering to vote in such primary or election. If the closing date for registration in the primary or election concerned has not passed, the clerk or registrar shall also mail a ballot to the applicant, as soon as it is prepared and available; and the ballot shall be cast in such primary or election if returned to the clerk or board not later than the close of the polls on the day of the primary or election concerned."
SECTION 16.

Wednesday, March 22, 2000

2401

Said title is further amended by striking subsection (a) of Code Section 21-2-417, relating to proper identification for voting at a polling place, and inserting in lieu thereof a new subsection to read as follows:
"(a) Each elector shall present proper identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
(1) A valid Georgia driver's license;
2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification;
(3) A valid United States passport;
(4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state;
(5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employer's business;
(6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia;
(7)-A valid Georgia hunting or fishing license;
(8)(7) A valid Georgia license to carry a pistol or revolver;
(9)(8) A valid pilot's license issued by the Federal Aviation Administration or other authorized agency of the United States;
(10)(9) A valid United States military identification card;
(11)(10) A certified copy of the elector's birth certificate;
(12)(11) A valid social security card;
(13)(12) Certified naturalization documentation; or
(14)(13) A certified copy of court records showing adoption, name, or sex change."
SECTION 17.
Said title is further amended by striking Code Section 21-2-544, relating to a special election for a General Assembly vacancy, and inserting in lieu thereof a new Code section to read as follows:
"21-2-544.
Whenever a vacancy shall occur or exist in either house of the General Assembly during a session of the General Assembly or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet, at any time previous to the next November election, the Governor shall issue, within ten days after the occurrence of such vacancy, or after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy, which election shall be held on the date named in the writ, which shall not be less than 30 nor more than 60 days after its issuance. Upon receiving the writ of election from the Governor, the Secretary of State shall then transmit

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the writ of election to the superintendent of each county involved and shall publish the call of the election. In all other cases any such special election to fill any such vacancy shall be held if the Governor issues his or her writ of election therefor. In such cases the writ of election shall be issued to the Secretary of State who shall transmit the writ of election to the superintendent of each county involved and shall publish the call of the election. If a vacancy occurs while the General Assembly is in session and the Governor elects to issue a writ, it shall only be necessary to have one poll open in every county involved, which shall be at the county seat, if only one candidate has qualified for the vacant seat."
SECTION 18.
Said title is further amended by adding following Code Section 21-2-582, relating to tampering with vote recorders or tabulating machines, a new Code section to read as follows:
"21-2-582.1.
(a) For the purposes of this Code section, the term 'voting equipment' shall mean a voting machine, vote recorder, tabulating machine, optical scanning voting system, or direct electronic recording voting system.
(b) Any person or entity, including but not limited to a manufacturer or seller of voting equipment, who alters, modifies, or changes any aspect of such voting equipment without prior approval of the Secretary of State is guilty of a felony."
SECTION 19.
Said title is further amended by striking subsection (a) of Code Section 21-4-4, relating to who is subject to recall and grounds and procedures for demanding such a recall, and inserting in lieu thereof a new subsection to read as follows:
"(a) Every public official who holds elective office, either by election or by appointment, is subject to recall from office by electors who are registered and qualified to vote in the recall election and who reside in the electoral district from which candidates are elected to that office:
(1) In the case of a state officer whose electoral district encompasses the entire state, the number of electors necessary to petition the recall of the officer shall be equal to at least 15 percent of the number of electors who were registered and qualified to vote at the last preceding general election for any candidate offering for the office held by the officer. At least one-fifteenth of the number of electors necessary to petition the recall of the officer must reside in each of the United States congressional districts in the state as said congressional districts may now or hereafter exist; or
(2) In the case of a state officer whose electoral district encompasses only a part of the state or in the case of a local officer, the number of electors necessary to petition the recall of the officer shall be equal to at least 30 percent of the number of electors registered and qualified to vote at the last preceding general election for any candidate offering for the office held by the officer."
SECTION 20.
Said title is further amended by striking subsection (c) of Code Section 21-4-5, relating to recall petitions, and inserting in lieu thereof a new subsection to read as follows:
"(c) The number of official sponsors necessary to file an application for a recall petition must be equal in number to at least 100 electors or equal in number to at least 10 percent of the number of electors who were registered to vote at the last preceding general election for any of the candidates offering for the office held by the public official sought to be recalled, whichever is smaller."
SECTION 21.

Wednesday, March 22, 2000

2403

This Act shall become effective upon the approval of the Governor or upon its becoming law without such approval.

SECTION 22.

All laws and parts of laws in conflict with this Act are repealed.

Senator Kemp of the 3rd moved that the Senate adopt the Conference Committee report on HB 1361.

On the motion, a roll call was taken, and the vote was as follows:

N Balfour Blitch
Y Bowen Y Broun Y Brown
Brush N Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey
Golden N Guhl

N Hamrick Harbison Hecht
Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E Y Kemp N Ladd N Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

N Price,R N Price,T
Ragan Y Ray
Scott Y Smith Y Starr N Stephens Y Stokes C Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker N Williams

On the motion, the yeas were 32, nays 13; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1361.
The following bill was taken up to consider House action thereto:
HB 1135. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:
A bill to be entitled an Act to amend Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, so as to change certain provisions regarding preferences to certain economically depressed counties; to repeal conflicting laws; and for other purposes.
Senator Price of the 28th moved that the Senate adhere to its amendment and that a Conference Committee be appointed.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Hill of the 4th, Price of the 28th and Starr of the 44th.
The following bill was taken up to consider House action thereto:
HB 1240. By Representatives Campbell of the 42nd and Massey of the 86th:
A bill to be entitled an Act to amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to provide that sodomy with a person who is less than

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ten years of age shall constitute the offense of aggravated sodomy; to change the penalty; to repeal conflicting laws; and for other purposes.

Senator Meyer von Bremen of the 12th moved that the Senate insist on its substitute to HB 1240.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1240.

The following bill was taken up to consider House action thereto:

HB 818. By Representative Harbin of the 113th:

A bill to amend Code Section 33-24-44 of the Official Code of Georgia Annotated, relating to cancellation of policies generally, so as to provide that notice of cancellation shall not be required in certain cases; and for other purposes.

The House amendment to the Senate substitute was as follows:
Amend the Senate substitute to HB 818 by striking lines 8 and 9 of page 1 and inserting in lieu thereof the following:
"requirements for mutual insurers; to change".

By inserting after "as" on line 36 of page 1 the following:

"to change certain provisions relating to motor vehicle self-insurers;".

By striking Section 4 in its entirety.

By redesignating Sections 5 through 15 as Sections 4 through 14, respectively.

By inserting before Section 16 the following:

"SECTION 15.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-9-101, relating to motor vehicle self-insurers, by striking subparagraph (a)(3)(G) and inserting in lieu thereof the following:

'(G) Until December 31, 2000 2003, the provisions of subparagraph (C) of this paragraph shall not apply to taxicab self-insurers which were located in counties with populations of 400,000 or less according to the United States decennial census of 1990 or any future such census and were licensed by the Commissioner of Insurance on December 31, 1998.'".

Senator Brush of the 24th moved that the Senate agree to the House amendment to the Senate substitute to HB 818.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens

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2405

Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen
Madden Y Marable Y Perdue Y Polak

Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 818.

The following bill was taken up to consider House action thereto:

SB 38.

By Senators Madden of the 47th, Starr of the 44th and Hecht of the 34th:

A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to create the Advisory Committee on Pain Management for the Terminally Ill within the office of the joint-secretary of the state examining boards; to provide for committee appointment, membership, terms, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions.

The House amendments were as follows:

House amendment #1: 1. Amend SB 38 by changing the number "15" to "17" on line 29 of page 1.

2. Add after line 35 of page 2 the following:

(14) Two members shall be nurses representing hospices that treat terminally ill patients"

3. By striking the word "and" on line 32 of page 2 and inserting the word and at the end of line 35 of page 2.

House amendment #2: Amend SB 38 as follows: On line 28 on page 2 after the word "examiners" add the words "or his designee".

House Amendment #3: Amend SB 38 as follows:
Beginning on line 27 of page 1 and continuing on line 28 of page 1, strike "office of joint-secretary of the state examining boards" and add in place thereof "Composite Board of Medical Examiners."
Senator Madden of the 47th moved that the Senate disagree to the House amendments to SB 38.

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On the motion, the yeas were 31, nays 6; the motion prevailed, and the Senate disagreed to the House amendments to SB 38.

The following resolution was taken up to consider House action thereto:

SR 459. By Senators Walker of the 22nd, Dean of the 31st, Streat of the 19th and others:

A resolution creating the Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia; and for other purposes.

The House amendment was as follows:

Amend SR 459 as follows: On page 2, line 16, after "designee;" add the following:

"the Commissioner of the State Department of Community Health;"

Senator Walker of the 22nd moved that the Senate agree to the House amendment to SR 459.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen
Broun Y Brown
Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson Walker Y Williams

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 459.
The following bill was taken up to consider House action thereto:
SB 524. By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:
A bill to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to provide for erosion and sediment control plans for certain construction or maintenance projects of the Department of Transportation or the State Tollway Authority; to provide for an Erosion and Sediment Control Overview Council and the appointment, powers, duties, and compensation of members thereof; to change certain provisions

Wednesday, March 22, 2000

2407

relating to exemptions from the applicability of provisions of said chapter; to repeal conflicting laws; and for other purposes.

Senator Streat of the 19th moved that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd.

The following bill was taken up to consider House action thereto:

SB 211. By Senators Thompson of the 33rd, Butler of the 55th, Gingrey of the 37th and Tanksley of the 32nd:

A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to suspension or revocation of licenses of habitually negligent or dangerous drivers and the point system; to change certain provisions relating to seat belt equipment requirements and safety restraints for children under four years of age.

The House substitute was as follows:

A BILL

To be entitled an Act to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, so as to change the definition of passenger vehicle for purposes of applicability of seat belt use requirements; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1.

Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of safety belts in passenger vehicles, is amended by striking subsection (a) and inserting in lieu thereof the following:

"(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term 'passenger vehicle' includes any sport utility vehicle and also includes pickup trucks for any occupant who is under 18 years of age."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Butler of the 55th moved that the Senate agree to the House substitute to SB 211.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown
Brush Y Burton Y Butler

N Hamrick Y Harbison N Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James

N Price,R Y Price,T Y Ragan N Ray
Scott Smith Y Starr Stephens

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N Cable Y Cagle Y Cheeks N Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Johnson,E Y Kemp Y Ladd Y Lamutt N Land Y Lee Y M V Bremen Y Madden N Marable Y Perdue Y Polak

Stokes Streat Y Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Walker Y Williams

On the motion, the yeas were 40, nays 8; the motion prevailed, and the Senate agreed to the House substitute to SB 211.
The following bill was taken up to consider the Conference Committee report thereto:
HB 1206. By Representatives Scheid of the 17th, Stuckey of the 67th, Squires of the 78th and Crawford of the 129th:
A bill to be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide training requirements for clerks of the juvenile courts; to provide for clerks pro tempore; to provide for certificates and expenses; to provide for exceptions; to repeal conflicting laws; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on HB 1206 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1206 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Jackson of the 50th /s/ Senator Huggins of the 53rd /s/ Senator Hamrick of the 30th

/s/ Representative Scheid of the 17th /s/ Representative Reed of the 52nd /s/ Representative Martin of the 47th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1206
A BILL
To be entitled an Act to be entitled the "Inferior Court Training and Assistance Act of 2000"; to improve training and provide assistance to certain inferior courts; to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide training requirements for clerks of the juvenile courts; to provide for clerks pro tempore; to provide for certificates and expenses; to provide for exceptions; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for creation of municipal and county code enforcement boards; to provide for intent of the General Assembly; to provide for definitions; to provide for organization of local government code enforcement boards; to provide for an enforcement procedure; to provide for conduct of hearings; to provide for powers of enforcement boards; to provide for administrative fines and liens; to provide for duration of liens; to provide for appeals; to provide for methods of

Wednesday, March 22, 2000

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giving notices; to provide that provisions of the Act are supplemental; 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 "Inferior Court Training and Assistance Act of 2000."
SECTION 2.
Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by adding following Code Section 15-11-24.3 a new Code section to read as follows:
"15-11-25.
(a) Any person who is appointed as or is performing the duties of a clerk of the juvenile court after July 1, 2000, shall satisfactorily complete 20 hours of training in the performance of the duties of a clerk of the juvenile court within the first 12 months following such appointment or the first performance of such duties.
(b) Any person who is appointed as or is performing the duties of a clerk of the juvenile court for any year after 2000, other than the year in which such person satisfactorily completes any initial training required under subsection (a) of this Code section, shall satisfactorily complete in that year 12 hours of additional training in the performance of such person's duties as clerk.
(c) The training required by this Code section shall be provided by the Institute of Continuing Judicial Education of Georgia. Upon satisfactory completion of such training, a certificate issued by such institute shall be placed into the minutes of the juvenile court record in the county in which such person serves as a clerk of the juvenile court. All reasonable expenses of such training including, but not limited to, any tuition fixed by such institution shall be paid from county funds by the governing authority of the county for which the person serves as a clerk of the juvenile court, unless funding is provided from other sources.
(d) A judge of the juvenile court shall appoint a clerk pro tempore for that court for the period of training in order for the regular clerk to attend training required by this Code section. Such clerk pro tempore shall not be required to meet the training otherwise required by this Code section for performing the clerk's duties.
(e) The provisions of this Code section shall not apply to clerks of juvenile courts who also act as clerks of superior courts and who already have mandatory training requirements in such capacity."
SECTION 3.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding following Chapter 73 a new Chapter 74 to read as follows:
"CHAPTER 74
36-74-1.
This chapter shall be known and may be cited as the 'Local Government Code Enforcement Boards Act' and is enacted to provide assistance to inferior courts with jurisdiction over county or municipal ordinances.
36-74-2.
It is the intent of this chapter to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties to provide an equitable, expeditious, effective, and

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inexpensive method of enforcing any codes and ordinances in force in counties and municipalities, where a pending or repeated violation continues to exist.
36-74-3.
(a) Each county or municipality may, at its option, create or abolish by ordinance local government code enforcement boards as provided in this chapter.
(b) A county or a municipality may, by ordinance, adopt an alternate code enforcement system which gives code enforcement boards the authority to hold hearings and assess fines against violators of the respective county or municipal codes and ordinances.
36-74-4.
As used in this chapter, the term:
(1) 'Code inspector' means any authorized agent or employee of the county or municipality whose duty it is to assure code compliance.
(2) 'County or municipal codes and ordinances' means zoning ordinances and resolutions, ordinances and resolutions enacting subdivision regulations, environmental ordinances and resolutions, state minimum standard codes provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code Section 8-2-25, other ordinances and resolutions regulating the development of real property, and ordinances and regulations providing for control of litter and debris, control of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding the above, the term 'county and municipal codes and ordinances' shall not include:
(A) Those codes and ordinances requiring a permit, unless the alleged violator has failed to secure all necessary valid permits under said codes and ordinances; or
(B) Any local amendments to the state minimum standard codes provided for in Code Section 8-2-25 that have not been adopted in conformity with the requirements of subsection (c) of Code Section 8-2-25.
(3) 'Enforcement board' means a local government code enforcement board.
(4) 'Local governing body' means the governing authority of the county or municipality, however designated.
(5) 'Local governing body attorney' means the legal counselor for the county or municipality.
(6) 'Violation involving the health or safety of a third party' means a violation that creates a legitimate concern for the health and safety of a third party occupant of a dwelling place or that creates an immediate and substantial danger to the environment.
36-74-5.
(a) The local governing body may appoint one or more code enforcement boards and legal counsel for the enforcement boards. The local governing body may appoint code enforcement boards consisting of three, five, or seven members. The local governing body may appoint up to two alternate members for each code enforcement board to serve on the board in the absence of board members.
(b) Members of the enforcement boards shall be residents of the municipality, in the case of municipal enforcement boards, or residents of the county, in the case of county enforcement boards. In making appointments to an enforcement board, the local governing body shall make good faith efforts to appoint one or more individuals who have experience or expertise relevant to one or more of the county or municipal codes that are within the subject matter jurisdiction of the respective enforcement board, including individuals with property management and litter control experience; provided, however, that the authority and jurisdiction of an enforcement board shall not in any

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way be limited due to the absence from its membership of one or more individuals with such experience or expertise.
(c)(1) The initial appointments to a seven-member code enforcement board shall be as follows:
(A) Three members appointed for a term of two years each; and
(B) Four members appointed for a term of four years each.
(2) The initial appointments to a five-member code enforcement board shall be as follows:
(A) Two members appointed for a term of two years each; and
(B) Three members appointed for a term of four years each.
(3) The initial appointments to a three-member code enforcement board shall be as follows:
(A) One member appointed for a term of two years; and
(B) Two members appointed for a term of four years each.
(4) Upon the expiration of the initial terms specified in paragraphs (1), (2), and (3) of this subsection all terms shall be for three years.
(5) The local governing body of a county or a municipality may reduce a seven-member code enforcement board to five members, or a five-member code enforcement board to three members, upon the simultaneous expiration of the terms of office of two members of the board.
(6) A member may be reappointed upon approval of the local governing body.
(7) An appointment to fill any vacancy on an enforcement board shall be for the remainder of the unexpired term of office. If any member fails to attend two of three successive meetings without cause and without prior approval of the chairperson, the enforcement board shall declare the member's office vacant, and the local governing body shall promptly fill such vacancy.
(8) The members shall serve in accordance with ordinances of the local governing body and may be suspended and removed for cause as provided in such ordinances for removal of members of boards. A local governing body may, with or without cause, refuse to reappoint any member of an enforcement board at the expiration of his or her term of office.
(d) The members of an enforcement board shall elect a chairperson, who shall be a voting member, from among the members of the board. The presence of four or more members shall constitute a quorum of any seven-member enforcement board, the presence of three or more members shall constitute a quorum of any five-member enforcement board, and the presence of two or more members shall constitute a quorum of any three-member enforcement board. Members shall serve without compensation, but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the local governing body or as otherwise provided by law.
(e) The local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county by presenting cases before the enforcement board, but in no case shall the local governing body attorney serve in both capacities.
36-74-6.
(a) It shall be the duty of the code inspector to initiate enforcement proceedings pursuant to the various codes; however, no member of a board shall have the power to initiate such enforcement proceedings.

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(b) Except as provided in subsections (c) and (d) of this Code section, if a violation of any code or ordinance is found, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall proceed with enforcement through the appropriate court or shall proceed with enforcement through the appropriate code enforcement board. If the code inspector proceeds through a code enforcement board, the code inspector shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing, and written notice of such hearing shall be hand delivered or made as provided in Code Section 36-74-12 to said violator. At the option of the code enforcement board, notice may additionally be served by publication or posting as provided in Code Section 36-74-12. If the violation is corrected and then recurs or if the violation is not corrected by the time specified for correction by the code inspector, the case may be presented to the enforcement board even if the violation has been corrected prior to the board hearing, and the notice shall so state.
(c) If a repeat violation is found, the code inspector shall notify the violator but is not required to give the violator a reasonable time to correct the violation. The code inspector, upon notifying the violator of a repeat violation, shall notify an enforcement board and request a hearing. The code enforcement board shall schedule a hearing and shall provide written notice pursuant to Code Section 36-74-12. The case may be presented to the enforcement board even if the repeat violation has been corrected prior to the board hearing, and the notice shall so state.
(d) If the code inspector has substantial reason to believe a violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing.
36-74-7.
(a) Upon request of the code inspector, or at such other times as may be necessary, the chairperson of an enforcement board may call a hearing of an enforcement board; a hearing also may be called by written notice signed by at least three members of seven-member enforcement board or signed by at least two members of a fivemember enforcement board. Minutes shall be kept of all hearings by each enforcement board, and all hearings and proceedings shall be open to the public. The local governing body may provide or assign clerical and administrative personnel to assist the enforcement board in the proper performance of its duties.
(b) Each case before an enforcement board shall be presented by the local governing body attorney or by a code inspector or other member of the administrative staff of the local governing body.
(c) An enforcement board shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and shall be recorded. The enforcement board shall take testimony from the code inspector and alleged violator. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings.
(d) At the conclusion of the hearing, the enforcement board shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted in this chapter. The findings and conclusions shall be by motion approved by a majority of those members present and voting, except that at least four members of a seven-member enforcement board, or three members of a five-member enforcement board, or two members of a three-member enforcement board, must vote in order for the action to be official. The order may include a notice that it must be complied with by a specified date and that a fine may be imposed if the order is not complied with by said date. A certified copy of such order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, successors in interest, or assigns if the violation concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is recorded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the enforcement board shall issue an order acknowledging compliance that shall be recorded in the public records. A hearing is not required to issue such an order acknowledging compliance.
36-74-8.
Each enforcement board shall have the power to:

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2413

(1) Adopt rules for the conduct of its hearings, which rules shall, at a minimum, ensure that each side has an equal opportunity to present evidence and argument in support of its case;
(2) Subpoena alleged violators and witnesses to its hearings, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance. Subpoenas may be served by the sheriff, marshal, or police department of the county or by the police department of the municipality or by any other individual authorized by Code Section 24-10-23 to serve subpoenas;
(3) Subpoena evidence to its hearings in the same way as provided in paragraph (2) of this Code section, with the approval of the court with jurisdiction over a criminal violator of the county or municipal code or ordinance;
(4) Take testimony under oath; and
(5) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance.
36-74-9.
(a) An enforcement board, upon notification by the code inspector that an order of the enforcement board has not been complied with by the set time may order the violator to pay an administrative fine in an amount specified in this Code section.
(b)(1) An administrative fine imposed pursuant to this Code section for a violation involving the health or safety of a third party shall not exceed $1000.00 per day.
(2) An administrative fine imposed pursuant to this Code section for a violation that is not a violation involving the health or safety of a third party shall not exceed a total of $1,000.00.
(3) In determining the amount of the fine, if any, the enforcement board shall consider the following factors:
(A) The gravity of the violation;
(B) Any actions taken by the violator to correct the violation; and
(C) Any previous violations committed by the violator.
(4) An enforcement board may reduce a fine imposed pursuant to this Code section.
(c) A certified copy of an order imposing an administrative fine may be recorded in the public records of any county and thereafter shall constitute a lien against the land on which the violation exists and upon any real or personal property owned by the violator. Upon petition to the superior court, such order may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. After three months from the filing of any such lien which remains unpaid, the enforcement board may request the local governing body attorney to foreclose on the lien.
(d) If an environmental court is in existence with jurisdiction over ordinances subject to the jurisdiction of the enforcement board, the violator may object to the fine imposed and submit to the jurisdiction of the environmental court. The case shall be transferred to the environmental court and handled de novo as an ordinance violation.
36-74-10.
No lien imposed under this chapter shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all

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costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a notice of lis pendens is recorded.

36-74-11.

An aggrieved party, including the local governing body, may appeal a final administrative order of an enforcement board to the superior court. Such an appeal shall be a hearing de novo. An appeal shall be filed within 30 days of the execution of the order to be appealed.

36-74-12.

(a) All notices required by this chapter shall be provided to the alleged violator by certified mail, return receipt requested; by hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the local governing body; or by leaving the notice at the violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice.

(b) In addition to providing notice as set forth in subsection (a) of this Code section, at the option of the code enforcement board, notice may also be served by publication or posting, as follows:

(1) Notice may be published once during each week for four consecutive weeks (four publications being sufficient) in the newspaper in which the sheriff's advertisements are printed in the county where the code enforcement board is located. Proof of publication shall be made by affidavit of a duly authorized representative of the newspaper;

(2) If there is no newspaper of general circulation in the county where the code enforcement board is located, three copies of such notice shall be posted for at least 28 days in three different and conspicuous places in such county, one of which shall be at the front door of the courthouse in said county. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and places of its posting; or

(3) Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (a) of this Code section. Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (a) of this Code section, together with proof of publication or posting as provided in subsection (b) of this Code section, shall be sufficient to show that the notice requirements of this Code section have been met, without regard to whether or not the alleged violator actually received such notice.

36-74-13.

It is the intent of this chapter to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this chapter shall prohibit a local governing body through its code inspector from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations."

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

Senator Jackson of the 50th moved that the Senate adopt the Conference Committee report on HB 1206.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch

Y Hamrick Y Harbison

Y Price,R Y Price,T

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Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt N Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Ragan Y Ray
Scott Smith Starr Y Stephens Y Stokes Streat Y Tanksley Y Tate Y Thomas,D Thomas,N Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1206.
The following messages were received from the House through Mr. Rivers, the Clerk thereof:
Mr. President:
The House insists on its position in amending the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1180.

By Representative Parham of the 122nd:

A bill to amend Code Section 40-6-45 of the Official Code of Georgia Annotated, relating to further limitations on driving on left of center of roadway, so as to change certain provisions relating to intersections and railroad grade crossings.

The Speaker has appointed on the part of the House, Representatives Parham of the 122nd, Powell of the 23rd and Day of the 153rd.

The House insists on its position in substituting the following bill of the Senate:

SB 498.

By Senator Smith of the 25th:

A bill to be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws.

The following bill was taken up to consider House action thereto:

SB 486. By Senators Kemp of the 3rd and Meyer von Bremen of the 12th:

A bill to be entitled an Act to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts, so as to prohibit the issuance of mutual

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protective orders in cases of family violence unless each party has complied with the provisions of Code Section 19-13-4; to provide for related matters; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, so as to define certain terms; to provide that an employer whose employee has suffered unlawful violence or a credible threat of violence that has been carried out at the employee's workplace may seek a temporary restraining order and an injunction prohibiting further violence or threats of violence at the workplace or while the employee is acting within the course and scope of employment; to provide for the jurisdiction of the superior courts over petitions for such temporary restraining orders and injunctions; to provide for the filing of petitions, affidavits, hearings, service, and notification of law enforcement agencies; to provide for related matters; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts, so as to prohibit the issuance of mutual protective orders including specified remedies in cases of family violence unless certain conditions have been met and the provisions of Code Section 1913-3 have been satisfied; to clarify remedial provisions of protective orders and consent agreements; 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 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, is amended by adding at the end thereof a new Code section, to be designated as Code Section 34-1-7, to read as follows:
"34-1-7.
(a) As used in this Code section, the term:
(1) 'Course of conduct' means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose including following or stalking an employee to or from the place of work; entering the workplace of an employee; following an employee during hours of employment; telephone calls to an employee; and correspondence with an employee including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer e-mail.
(2) 'Credible threat of violence' means a knowing and willful statement or course of conduct which would cause a reasonable person to believe that he or she is under threat of death or serious bodily injury, and which is intended to, and which actually causes, a person to believe that he or she is under threat of death or serious bodily injury, and which serves no legitimate purpose.
(3) 'Employer' means any person or entity that employs one or more employees and shall include the State of Georgia and its political subdivisions and instrumentalities.
(4) 'Unlawful violence' means assault, battery, or stalking, as prohibited by Code Section 16-5-20, 16-5-21, 16-5-23, 16-5-23.1, 16-5-24, 16-5-90, or 16-5-91, but shall not include lawful acts of self-defense or defense of others.
(b) Any employer whose employee has suffered unlawful violence or a credible threat of violence from any individual, which can reasonably be construed to have been carried out at the employee's workplace, may seek a temporary restraining order and an injunction on behalf of the employer prohibiting further unlawful violence or threats of violence by that individual at the employee's workplace or while the employee is acting within the course and scope of employment with the employer. Nothing in this Code section shall be construed as authorizing a court

Wednesday, March 22, 2000

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to issue a temporary restraining order or injunction prohibiting speech or other activities that are protected by the Constitution of this state or the United States.
(c)(1) Except for proceedings involving a nonresident respondent, the superior court of the county where the respondent resides shall have jurisdiction over all proceedings under this Code section.
(2) For proceedings under this Code section involving a nonresident respondent, the superior court where the petitioner's workplace is located shall have jurisdiction, where the act involving unlawful violence or a credible threat of unlawful violence meets the elements for personal jurisdiction provided for under paragraph (2) or (3) of Code Section 9-10-91.
(d) Upon filing a petition with the court for an injunction pursuant to this Code section, the petitioner may obtain a temporary restraining order if the petitioner also files an affidavit which, to the satisfaction of the court, shows reasonable proof that an employee has suffered unlawful violence or a credible threat of violence by the respondent and that great or irreparable harm shall result to an employee if such an injunction is not granted. The affidavit shall further show that the petitioner has conducted a reasonable investigation into the underlying facts which are the subject of the petition. A temporary restraining order granted under this Code section shall remain in effect, at the court's discretion, for a period not to exceed 15 days, unless otherwise modified or terminated by the court.
(e) Within ten days of filing of the petition under this Code section or as soon as practical thereafter, but in no case later than 30 days after the filing of the petition, a hearing shall be held on the petition for the injunction. In the event a hearing cannot be scheduled within the county where the case is pending within the 30 day period, the same shall be scheduled and heard within any other county of the circuit. The respondent may file a response which explains, excuses, justifies, or denies the alleged unlawful violence or credible threat of violence or may file a crosscomplaint under this Code section. At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an injunction shall issue prohibiting further unlawful violence or threats of violence at the employee's workplace or while the employee is acting within the course and scope of employment with the employer. An injunction issued pursuant to this Code section shall have a duration of not more than three years. At any time within the three months before the expiration of the injunction, the petitioner may apply for a renewal of the injunction by filing a new petition for an injunction pursuant to this Code section.
(f) Upon the filing of a petition for an injunction pursuant to this Code section, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing on the petition.
(g) The court shall order the petitioner or the attorney for the petitioner to deliver a copy of each temporary restraining order or injunction, or modification or termination thereof, granted under this Code section, by the close of the business day on which the order was granted, to the law enforcement agencies within the court's discretion as are requested by the petitioner. Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
(h) Nothing in this Code section shall be construed as expanding, diminishing, altering, or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons."
SECTION 2.
Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to granting of relief by superior courts, is amended by striking subsection (a) of Code Section 19-13-4, relating to protective orders and consent agreements, and inserting in lieu thereof the following:
"(a) The court may, upon the filing of a verified petition, grant any protective order or approve any consent agreement to bring about a cessation of acts of family violence. The court shall not have the authority to issue or approve mutual protective orders concerning paragraphs (1), (2), (5), (9), or (11) of this subsection, or any combination thereof, unless the respondent has filed a verified petition as a counter petition pursuant to Code

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Section 19-13-3 no later than three days, not including Saturdays, Sundays, and legal holidays, prior to the hearing and the provisions of Code Section 19-13-3 have been satisfied. The orders or agreements may:

(1) Direct a party the respondent to refrain from such acts;

(2) Grant to a spouse party possession of the residence or household of the parties and exclude the other spouse party from the residence or household;

(3) Require a party to provide suitable alternate housing for a spouse, former spouse, or parent and the parties' child or and his or her children;

(4) Award temporary custody of minor children and establish temporary visitation rights;

(5) Order the eviction of a party from the residence or household and order assistance to the victim in returning to it, or order assistance in retrieving personal property of the victim if the respondent's eviction has not been ordered;

(6) Order either party to make payments for the support of a minor child as required by law;

(7) Order either party to make payments for the support of a spouse as required by law;

(8) Provide for possession of personal property of the parties;

(9) Order a party the respondent to refrain from harassing or interfering with the other victim; (10) Award costs and attorney's fees to either party; and

(11) Order either or all parties the respondent to receive appropriate psychiatric or psychological services as a further measure to prevent the recurrence of family violence."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed. Senator Kemp of the 3rd moved that the Senate agree to the House substitute to SB 486.

On the motion, a roll call was taken, and the vote was as follows:

Balfour Y Blitch
Bowen Y Broun Y Brown Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison
Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

N Price,R Y Price,T Y Ragan N Ray
Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Thomas,R Y Thompson Y Walker N Williams

Wednesday, March 22, 2000

2419

On the motion, the yeas were 44, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 486.
The following bill was taken up to consider House action thereto:
SB 364. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to be entitled an Act to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to records that are not subject to public disclosure, so as to exempt from public disclosure certain personal information of persons or entities obtained by counties or municipalities in connection with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems; to repeal conflicting laws; and for other purposes.
The House amendment was as follows:
Amend SB 364 by inserting following "systems;" on line 8 of page 1 the following:
"to exempt certain records relating to tests to be administered by the State Board of Education, the Office of Education Accountability, or a local school system; to provide for procedures for viewing in certain circumstances;".
By redesignating Section 2 as Section 3.
By adding between lines 27 and 28 of page 1 the following:
"SECTION 2.
Said Code section is further amended by striking subsection (b) and inserting in its place the following:
'(b) This article shall not be applicable to:
(1) Any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information has not been publicly released, published, copyrighted, or patented; or
(2) Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of an institution of higher education or any public or private entity supporting or participating in the activities of an institution of higher education in the conduct of, or as a result of, study or research on medical, scientific, technical, scholarly, or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity until such information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency. This subsection applies to, but is not limited to, information provided by participants in research, research notes and data, discoveries, research projects, methodologies, protocols, and creative works.; or
(3) Unless otherwise provided by law, contract, bid, proposal, records consisting of questions, scoring keys, and other materials, constituting a test that derives value from being unknown to the test taker prior to administration, which is to be administered by the State Board of Education, the Office of Education Accountability, or a local school system, if reasonable measures are taken by the owner of the test to protect security and confidentiality; provided, however, that the State Board of Education may establish procedures whereby a person may view, but not copy, such records if viewing will not, in the judgment of the board, affect the result of administration of such test.

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JOURNAL OF THE SENATE

These limitations shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics.'"

Senator Guhl of the 45th moved that the Senate agree to the House amendment to SB 364.

On the motion, a roll call was taken, and the vote was as follows:

Balfour Y Blitch
Bowen Broun Y Brown Y Brush Y Burton Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan N Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T
Ragan Y Ray
Scott Y Smith
Starr Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Thomas,N Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 364.
The following bill was taken up to consider House action thereto:
HB 1180. By Representative Parham of the 122nd:
A bill to be entitled an Act to amend Code Section 40-6-45 of the Official Code of Georgia Annotated, relating to further limitations on driving on left of center of roadway, so as to change certain provisions relating to intersections and railroad grade crossings; to repeal conflicting laws; and for other purposes.
Senator Cheeks of the 23rd moved that the Senate adhere to its substitute and that a Conference Committee be appointed.
On the motion, the yeas were 43, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Cheeks of the 23rd, Streat of the 19th and Gingrey of the 37th.
The following resolution was taken up to consider House action thereto:
SR 411. By Senators Starr of the 44th, Scott of the 36th, Johnson of the 1st and others:
A resolution proposing an amendment to the Constitution so as to allow the Governor to appoint a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Wednesday, March 22, 2000

2421

The House substitute was as follows:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide for selection of a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article II, Section III, Paragraph II of the Constitution is amended by striking the Paragraph in its entirety and inserting in its place a new Paragraph to read as follows:

"Paragraph II. Suspension upon felony conviction. Upon initial conviction of any public official designated in Paragraph I of this section for any felony in a trial court of this state or the United States, regardless of whether the officer has been suspended previously under Paragraph I of this section, such public official shall be immediately and without further action suspended from office. While a public official is suspended from office under this Paragraph, he or she shall not be entitled to receive the compensation from his or her office. If, during the remainder of the elected official's term of office, the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the public official shall be immediately reinstated to the office from which he or she was suspended and shall be entitled to receive any compensation withheld under the provisions of this Paragraph. Unless the Governor is the public official under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement official except in the case of a member of the General Assembly. If the public officer under suspension is a member of the Senate, then a replacement member for the duration of the suspension under this Paragraph shall be appointed by the Governor subject to confirmation by the Senate. If the public officer under suspension is a member of the House of Representatives, then a replacement member for the duration of the suspension shall be elected as now or hereafter provided by law, in a manner the same as or similar to the election of a member to fill a vacancy in the House of Representatives but to serve only for the duration of the suspension. If the Governor is the public officer under suspension, the provisions of Article V, Section I, Paragraph V of this Constitution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. The provisions of this Paragraph shall not apply to any conviction rendered prior to January 1, 1987."

SECTION 2.

The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES ( ) NO

Shall the Constitution be amended so as to provide for selection of a replacement for any member of the General Assembly who has been initially convicted of a felony?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.

Senator Crotts of the 17th moved that the Senate agree to the House substitute to SR 411 as amended by the following amendment:

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JOURNAL OF THE SENATE

Amend the House substitute to SR 411 by striking lines 33 through 37 on page 1 and inserting in lieu thereof the following:

"under suspension is a member of the Senate or House of".

By striking "House of Representatives" and inserting in its place "General Assembly" on line 5 of page 2.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch
Bowen Y Broun Y Brown Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey
Golden Y Guhl

Y Hamrick Harbison
Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden
Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D
Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 411, as amended by the Senate.
The following bill was taken up to consider House action thereto:
SB 498. By Senator Smith of the 25th:
A bill to be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Senator Smith of the 25th moved that the Senate adhere to its disagreement to the House substitute and that a Conference Committee be appointed.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Smith of the 25th, Walker of the 22nd and Price of the 56th.
The following bill was taken up to consider House action thereto:
SB 338. By Senators Kemp of the 3rd, Hecht of the 34th, Land of the 16th and Harbison of the 15th:

Wednesday, March 22, 2000

2423

A bill to be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to change the provisions relating to the service of citations for the trial of ordinance violations and deposit account fraud in magistrate courts and the filing of copies with the court; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide that the assignee of an obligation may bring certain actions only on behalf of the original obligee; to change the provisions relating to the service of citations for the trial of ordinance violations and deposit account fraud in magistrate courts and the filing of copies with the court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended by inserting at the end thereof the following:
"15-10-52.
The style of any action, other than a proceeding brought pursuant to Chapter 7 of Title 44, relating to landlord and tenant, brought in the magistrate court by the assignee of the obligee of any obligation shall show the action in the name of the original obligee by the assignee."
SECTION 2.
Said chapter is further amended by striking subsection (c) of Code Section 15-10-63, relating to use of citations for the trial of ordinance violations in magistrate courts, and inserting in its place the following:
"(c) Prosecutions for violations of ordinances upon citations shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations or by an agent of the state authority who is authorized by the authority to issue citations. The original A copy of the citation shall be personally served upon the accused; and a copy the original shall promptly be filed with the court."
SECTION 3.
Said chapter is further amended by striking subsection (c) of Code Section 15-10-202, relating to procedure for the prosecution of misdemeanor violations of Code Section 16-9-20, relating to deposit account fraud, and inserting in its place the following:
"(c) Prosecutions upon citations shall be commenced by the completion and signing of the citation by a judge or clerk of the magistrate court and service of the citation by a law enforcement officer. A copy The original of the citation shall be personally served upon the accused and a copy and the original shall promptly be filed with the court."
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
Senator Kemp of the 3rd moved that the Senate agree to the House substitute to SB 338.

2424

JOURNAL OF THE SENATE

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch
Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Cagle Y Cheeks Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill
Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

N Price,R Y Price,T Y Ragan
Ray Scott Smith Y Starr Stephens Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Walker Y Williams

On the motion, the yeas were 43, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 338.

The President introduced His Excellency, Governor Roy Barnes, Mrs. Barnes and her mother, Mrs. Dobbs.

Governor Barnes addressed the Senate briefly.

The following bill was taken up to consider the Conference Committee report thereto:

SB 462. By Senators Hecht of the 34th and Starr of the 44th:

A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered without prior approval; to provide for duties of the Secretary of State regarding applications for registration; to repeal conflicting laws; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on SB 462 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 462 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Dean of the 31st /s/ Senator Walker of the 22nd

/s/ Representative Hudson of the 156th /s/ Representative Sims of the 167th

Wednesday, March 22, 2000

2425

/s/ Senator Hecht of the 34th

/s/ Representative Ray of the 128th

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 462

A BILL

To be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered except as provided in prior written approval to allow encumbrance of the undeveloped portion of a cemetery in certain circumstances; to provide for duties of the Secretary of State regarding applications for registration; to provide for exemptions and exceptions; to change provisions relating to trust funds for perpetual care; to change provisions relating to investment of assets of such funds and income from such funds; to provide for joint and several liability for deficiencies in such trust funds in certain circumstances; to change provisions relating to escrow accounts for burial and funeral merchandise and preneed sales; to provide for deposits into such accounts upon shortfall; to provide for joint and several liability for deficiencies in such escrow accounts in certain circumstances; to regulate preneed sales agents; to provide for registration of preneed sales agents; to provide for qualifications and affiliations of preneed sales agents; to provide for a registration application and its contents, form, and filing fee; to provide for renewal of registration; to change provisions relating to prohibiting a person from employment with a cemetery or preneed dealer; to delete a fee for intent to transfer of ownership of a cemetery; to change provisions relating to the minimum size for a cemetery; to change provisions relating to denying, suspending, or revoking a registration of a cemetery owner; to change provisions relating to penalties for late filing of an application for renewal registration; to change provisions relating to reports concerning perpetual care trust funds and preneed escrow accounts; to change provisions relating to rules and regulations of the Secretary of State; to delete provisions relating to audit expenses; to provide for inspection and review of any registrant's books; to provide for copies of rules and regulations of cemeteries; to change provisions prohibiting certain actions by persons selling preneed merchandise, burial rights, and burial or funeral merchandise; to prohibit certain actions of cemetery owners relating to the sale or installation of merchandise; to prohibit certain fees; to require compliance with "The Georgia Retail Installment and Home Solicitation Sales Act" for certain installment sales; to provide for transfer of contract rights for purchasers of preneed merchandise; to require registrants who sell burial rights, merchandise, or services to provide certain information and disclosures to customers and provide an approved written contract with specified provisions; to change provisions relating to certain penalties; to provide for the recovery of interest and attorney's fees in certain actions; to regulate preconstruction or predevelopment sale of burial rights; to provide for refunds in certain circumstances; to provide for preconstruction trust funds; to provide for completion of mausoleum sections or columbaria by the trustee in certain circumstances; to provide for an annual statement of trust funds' activity; to provide for minimum standards for interment; to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to describe a violation relating to solicitations during a person's final illness for the purpose of persuading a person to seek a refund under an existing preneed contract for burial services or merchandise or funeral services or merchandise; to provide for restitution; to amend Code Section 33-8-1 of the Official Code of Georgia, relating to fees and taxes paid to the Commissioner of Insurance, so as to delete a fee paid for certificate of authority to operate as a preneed funeral service company; to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to repeal provisions relating to contracts for preneed funeral services; to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to move provisions relating to cemeteries to Title 10; to amend Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, so as to change a cross-reference in compliance with other changes in this Act; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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JOURNAL OF THE SENATE

Title 10 of the Official Code of Georgia Annotated, relating to commerce, is amended by inserting a new chapter to be designated Chapter 14 to read as follows:
"CHAPTER 14
44-3-130 10-14-1.
This article shall be known as and may be cited as the 'Georgia Cemetery and Funeral Services Act of 1983 2000.'
10-14-2.
(a) The legislature recognizes that purchasers of preneed burial rights, funeral or burial merchandise, or funeral services or burial services may suffer serious economic harm if purchase money is not set aside for future use as intended by the purchaser and that the failure to maintain cemetery grounds properly may cause significant emotional distress. Therefore, it is necessary in the interest of the public welfare to regulate preneed dealers, licensees, registrants, and cemetery companies in this state. However, restrictions shall be imposed only to the extent necessary to protect the public from significant or discernible harm or damage and not in a manner which will unreasonably affect the competitive market.
(b) Subject to certain interests of society, the legislature finds that every competent adult has the right to control the decisions relating to his or her own funeral arrangements. Accordingly, unless otherwise stated in this chapter, it is the legislature's express intent that nothing contained in this chapter should be construed or interpreted in any manner as to subject preneed contract purchasers to federal income taxation under the grantor trust rules contained in Sections 671 et seq. of the Internal Revenue Code of 1986, as amended.
(c) Nothing herein is intended to prohibit or restrict the sale or purchase of life insurance as a funding vehicle for preneed contracts under this chapter, nor to change the state of the law prior to July 1, 2000, with respect to prohibiting or restricting the sale or purchase of life insurance as a funding vehicle for preneed contracts under this chapter.
44-3-131 10-14-3.
As used in this article chapter, the term:
(1) 'Affiliate' means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person. Solely for purposes of this definition, the terms 'owns,' 'is owned,' and 'ownership' mean ownership of an equity interest, or the equivalent thereof, of 10 percent or more, and the term 'person' means an individual, partnership, committee, association, corporation, or any other organization or group of persons.
(2) 'Board' means the State Board of Funeral Service as described and authorized in Chapter 18 of Title 43.
(1)(3) 'Burial merchandise,' 'funeral merchandise,' or 'merchandise' means any merchandise normally offered or sold by a cemetery company or preneed dealer personal property offered or sold by any person for use in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains. This includes, but is not limited to, subterranean crypts, mausoleums, markers and monuments, whether bronze or otherwise, bronze plaques and vases, mausoleum spaces to be constructed, cemetery spaces to be developed, and vaults, and also includes foundations or footings of any type.
(2)(4) 'Burial right' means the right to use a grave space, mausoleum, or columbarium for the interment, entombment, or inurnment of human remains.
(3)(5) 'Burial service' or 'service' means any service other than a funeral service offered or provided by a cemetery company or preneed dealer by any person in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains as described in paragraph (1) of this Code section remains.

Wednesday, March 22, 2000

2427

(6) 'Care and maintenance' means the perpetual process of keeping a cemetery and its lots, graves, grounds, landscaping, roads, paths, parking lots, fences, mausoleums, columbaria, vaults, crypts, utilities, and other improvements, structures, and embellishments in a well cared for and dignified condition, so that the cemetery does not become a nuisance or place of reproach and desolation in the community. As specified in the rules of the Secretary of State, care and maintenance may include, but is not limited to, any or all of the following activities: mowing the grass at reasonable intervals; raking and cleaning the grave spaces and adjacent areas; pruning of shrubs and trees; suppression of weeds and exotic flora; and maintenance, upkeep, and repair of drains, water lines, roads, buildings, and other improvements. Care and maintenance may include, but is not limited to, reasonable overhead expenses necessary for such purposes, including maintenance of machinery, tools, and equipment used for such purposes. Care and maintenance may also include repair or restoration of improvements necessary or desirable as a result of wear, deterioration, accident, damage, or destruction. Care and maintenance does not include expenses for the construction and development of new grave spaces or interment structures to be sold to the public.
(7) 'Casket' means a container which is designed for the encasement and viewing of a dead human body.
(4)(8) 'Cemetery' or 'cemeteries' means any land or structure in this state a place dedicated to and used, or intended to be used, for permanent interment of human remains. It may be either a burial park for A cemetery may contain land or earth interments ,; or a mausoleum, for a vault, or crypt interments ,; a columbarium or other structure or place used or intended to be used for the inurnment of cremated human remains; or a or any combination of one or more of such structures or places thereof. Such terms term shall not include governmentally owned cemeteries, fraternal cemeteries, church and synagogue cemeteries, cemeteries owned and operated by churches, synagogues, or communities or family burial plots.
(5)(9) 'Cemetery company' means an individual, partnership, corporation, or association now or hereafter organized, owning or controlling any entity that owns or controls cemetery lands or property and conducting the business of a cemetery or making an application with the Secretary of State to own or control such lands or conduct such business .
(10) 'Columbarium' means a structure or building which is substantially exposed above the ground and which is intended to be used for the inurnment of cremated human remains.
(11) 'Common business enterprise' means a group of two or more business entities that share common ownership in excess of 50 percent.
(12) 'Cremation' includes any mechanical or thermal process whereby a deceased human being is reduced to ashes. Cremation also includes any other mechanical or thermal process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity.
(6)(13) 'Crypt' means a chamber of sufficient size to inter the remains of a deceased person human being. (14) 'Entombment' mean the disposition of a dead human body in a mausoleum but shall not include the opening and closing of a grave space, crypt, or niche or the installation of a vault.
(15) 'Final disposition' means the final disposal of a deceased human being whether by interment, entombment, inurnment, burial at sea, cremation, or any other means and includes, but is not limited to, any other disposition of remains for which a segregated charge is imposed.
(16) 'Funeral director' means any person licensed in this state to practice funeral directing pursuant to the provisions of Chapter 18 of Title 43.
(17) 'Funeral service' means any service relating to the transportation, embalming, and interment of a deceased human being, as further described in paragraphs (10), (18), and (19) of Code Section 43-18-1.
(18) 'Grave space' or 'lot' means a space of ground in a cemetery intended to be used for the interment in the ground of human remains.

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(7)(19) 'Human remains' means the bodies of deceased human beings and includes the bodies in any stage of decomposition and the cremated remains.
(8)(20) 'Interment' or 'entombment' means any lawful disposition of the remains of the deceased human being as provided by law the burial of human remains but shall not include the opening and closing of a grave space, crypt, or niche or the installation of a vault.
(9)-'Lot' or 'grave space' means a space of ground in a cemetery intended to be used for the interment in the ground of human remains.
(21) 'Inurnment' means the disposition of the cremated remains of a deceased human being in an urn or other container but shall not include the opening and closing of a grave space, crypt, or niche or the installation of a vault.
(10)(22) 'Mausoleum' means a structure or building which is substantially exposed above the ground and which is used, or intended to be used, for the interment entombment of human remains in crypts or niches.
(23) 'Mausoleum section' means any construction unit of a mausoleum which is acceptable to the Secretary of State and which a cemetery uses to initiate its mausoleum program or to add to its existing mausoleum structures.
(24) 'Monument' means any product used for identifying or permanently decorating a grave site, including, without limitation, monuments, markers, benches, and vases and any base or foundation on which they rest or are mounted.
(11)(25) 'Niche' means a space used, or intended to be used, for the interment of the cremated remains of one or more deceased human beings.
(12)(26) 'Nonperpetual care' means any cemetery which does not offer perpetual care as defined in this Code section.
(27) 'Outer burial container' or 'vault' means an enclosure into which a casket is placed and includes, but is not limited to, containers made of concrete, steel, fiberglass, copper or other metals, sectional concrete enclosures, crypts, and wooden enclosures.
(13)(28) 'Perpetual care' means the care and maintenance and the reasonable administration of the cemetery grounds and buildings in keeping with a properly maintained cemetery at the present time and in the future. In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for the purposes of this article.
(14)(29) 'Person' or 'entity' means an individual, a corporation, a limited liability company, a general or limited partnership, an association, a joint-stock company, a trust, or any type of incorporated or unincorporated organization.
(30) 'Preneed contract' means any arrangement or method, of which the provider of burial or funeral merchandise or services has actual knowledge, whereby any person agrees to furnish burial or funeral merchandise or services in the future.
(15)(31) 'Preneed dealer' means every person, other than a salesperson registered under this article chapter, who engages, either for all or part of his or her time, directly or indirectly, as agent, broker, or principal in the retail business of offering, selling, or otherwise dealing in funeral services or burial services or funeral or burial merchandise, as defined in this article, which is not attached to realty or delivered to the purchaser at the time of sale but does not include any establishment offering and selling burial merchandise subject to the jurisdiction of the Commissioner of Insurance pursuant to Chapter 18 of Title 43.
(16)(32) 'Preneed interment service' or 'preneed service' means any service which is not performed at the time of sale and which is offered or provided by a cemetery or preneed dealer any person in connection with the interment of human remains, except those services offered regarding mausoleums and the normal and customary installation charges on burial or funeral merchandise.

Wednesday, March 22, 2000

2429

(17)(33) 'Sale' or 'sell' means and shall include every contract of sale or disposition of cemetery property, burial right rights, burial lot grave spaces , burial services, funeral services, or burial or funeral merchandise for value. The term 'offer to sell,' 'offer for sale,' or 'offer' shall include any attempt or offer to dispose of, or solicitation of an offer to buy, cemetery property, burial lots grave spaces, burial rights, burial or funeral services, or burial or funeral merchandise for value. This definition shall not include wholesalers of burial or funeral merchandise.
(18)(34) 'Salesperson' or 'sales agent' means an individual employed or appointed or authorized by a cemetery, cemetery company, or preneed dealer to sell cemetery property, burial lots grave spaces , burial rights, burial or funeral merchandise, burial or funeral services, or any other right or thing of value in connection with the interment final disposition of human remains. The owner of a cemetery, the executive officers, and general partners of a cemetery company shall not be deemed to be salespersons within the meaning of this definition unless they are paid a commission for the sale of said property, lots, rights, burial or funeral merchandise, or burial or funeral services.
(19)(35) 'Secretary of State' means the Secretary of State of the State of Georgia.
(36) 'Solicitation' means any communication in the context of an offer or sale of grave spaces, burial or funeral merchandise, or burial or funeral services which directly or implicitly requests a response from the recipient.
(20)-'Subterranean crypts' means interment space in preplaced chambers, either side by side or multiple depth, covered by earth and sod. These are also known as westminsters or turf-top crypts.
(21)-'Wholesale cost' means the cost to the cemetery or preneed dealer of burial merchandise as of the date of the most recent preneed escrow account quarterly report filed pursuant to subsection (e) of Code Section 44-3-134.
44-3-134. 10-14-4.
(a)(1) It Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or to sell any cemetery burial rights, burial services, or burial merchandise to any purchaser in this state unless:
(1)-The related cemetery or preneed dealer is registered pursuant to this Code section; or
(2)-Such related cemetery or preneed dealer is exempt from the provisions of this article.
The owner of each cemetery and preneed dealer shall apply for and obtain a certificate or registration from the Secretary of State; and it shall be unlawful to sell any burial lots, rights, burial services, or burial merchandise without obtaining and maintaining a valid certificate mausoleum interment rights, columbarium inurnment rights, grave spaces, or other physical locations for the final disposition of human remains in this state unless such person is registered as or employed by and acting on behalf of and under the direction of a person registered as a cemetery owner pursuant to this Code section.
(2) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or sell burial or funeral merchandise or burial services in this state unless such person is registered as or employed by and acting on behalf of and under the direction of a person registered as a cemetery owner under this Code section, a funeral director under Chapter 18 of Title 43, or a burial or funeral merchandise dealer under this Code section.
(3) Unless exempt under this chapter, it shall be unlawful for any person to offer for sale or to sell any preneed burial or funeral merchandise or preneed burial services in this state unless such person is registered as a preneed dealer or preneed sales agent pursuant to this Code section.
(4) It shall be unlawful for any person to offer for sale or to sell any funeral services in this state unless such person is licensed as a funeral director under the provisions of Chapter 18 of Title 43.
(b)(1) Every registration statement filed under this Code section shall be made in writing person desiring to be a registered cemetery owner shall file with the Secretary of State a separate registration application for each cemetery owned in a form prescribed by the Secretary of State, shall be executed and duly verified under oath by the

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applicant, shall be duly verified under oath, shall be filed in the office of the Secretary of State, and shall contain if the applicant is an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:
(A) The name, mailing address, and telephone number of the applicant, which for the purposes of this Code section shall be the legal owner of the land upon which the cemetery is located;
(B) The location, and, if different from the information submitted for subparagraph (A) of this paragraph, the mailing address, and telephone number of the applicant cemetery;
(C) The location of the all records of the applicant which relate to the cemetery;
(D) The owner of If the applicant, including the owner's name, address, telephone number, and date the present owner took control of the cemetery; if the owner is a corporation is not a natural person, the names of the president, secretary, and registered agent of the if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority if the applicant is some other entity and their respective addresses and telephone numbers; the owner of controlling interest and the percentage of his interest; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;
(E) A copy of the articles of incorporation, bylaws, cemetery rules and regulations, a certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation, and any amendments of the owner company to such documents or any substantially equivalent documents. Any such document once filed with the Secretary of State pursuant to this article chapter shall be deemed to be on file and incorporated into any subsequent renewal or filing of such cemetery registration; provided, however, that each applicant and registrant is under a continuing duty to update such filing and to notify the Secretary of State regarding any changes or amendments to the articles of incorporation, bylaws, cemetery rules and regulations, or substantially equivalent documents, and provided, further, that any applicant or registrant shall furnish to the Secretary of State additional copies of any such document upon request;
(F) A description of any judgment of o r pending litigation to which the applicant or the cemetery, its individual owner, corporate owner, or person who owns controlling interest of the owner any affiliate of the applicant is a party and which involves the operation of the cemetery or could materially affect its the business or assets of the applicant;
(G) Whether the owner of the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this article chapter and, if so, their the location, mailing address, telephone number, and type of registration of such other entities;
(H) A consent to service of process meeting the requirements of Code Section 44-3-148 10-14-24 for actions brought by the State of Georgia;
(I) A list The name and business address of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any burial grave lots, burial rights, burial or funeral merchandise, or burial services on behalf of the cemetery applicant. Such list shall contain the information required by the provisions of Code Section 44-3132;
(J) A balance sheet of the applicant cemetery dated as of the end of the most recent fiscal year and in no event dated more than 15 months from prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection; and
(K) Such other reliable and other necessary information as the Secretary of State may require by rule or regulation promulgated pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Evidence satisfactory to the Secretary of State that the applicant owns for the cemetery unencumbered fee simple title to contiguous land in the minimum acreage required by this chapter or by rules issued by the Secretary of State in accordance with this

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chapter, properly zoned for use as a cemetery, and dedicated for such use, and a copy of a plat of survey thereto, provided that nothing herein shall prohibit the encumbrance of the undeveloped portion of cemetery property for the purpose of securing debt incurred for the purpose of developing or improving such property;
(L) Evidence satisfactory to the Secretary of State that the applicant has recorded, in the public land records of the county in which the land described in subparagraph (K) of this paragraph is located, a notice that contains the following language:
NOTICE
The property described herein shall not be sold, conveyed, leased, mortgaged, or encumbered except as provided by the prior written approval of the Secretary of State, as provided in the Georgia Cemetery and Funeral Services Act of 2000.
Such notice shall have been clearly printed in boldface type of not less than ten points and may be included on the face of the deed of conveyance to the applicant or may be contained in a separate recorded instrument that contains a legal description of the property.
(M) The name, address, location, and telephone number of the perpetual care trust account depository or depositories, the names of the accounts, and the account numbers;
(N) The name, address, and telephone number of each trustee;
(O) A copy of a perpetual care trust fund agreement executed by the applicant and accepted by the trustee, and evidence satisfactory to the Secretary of State of the deposit into such account of the amount of the initial required deposit, the trust agreement being conditioned only upon issuance of a certificate of registration;
(P) Such other information and documents as the Secretary of State may require by rule; and
(Q) A filing fee of $100.00.
(2)-A registration statement under this Code section shall become effective upon the issuing of a certificate of registration by the Secretary of State or at such earlier time as the Secretary of State determines.
(2) Every person desiring to be a registered preneed dealer shall file with the Secretary of State a registration application in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if the applicant is an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:
(A) The name of the applicant;
(B) The location, mailing address, and telephone number of the applicant's principal business location in Georgia and the same information for other locations where business is conducted, together with any trade names associated with each location;
(C) All locations of the records of the applicant which relate to preneed sales in Georgia;
(D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority, if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;
(E) A certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation;

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(F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the applicant's preneed business in Georgia or which could materially affect the business or assets of the applicant;
(G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities;
(H) A consent to service of process meeting the requirements of Code Section 10-14-24 for actions brought by the State of Georgia;
(I) A list of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any grave lots, burial rights, burial or funeral merchandise, or burial services on behalf of the applicant;
(J) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection;
(K) The name, address, location, and telephone number of the preneed escrow account depository or depositories, the names of the accounts, and the account numbers;
(L) An executed copy of the escrow agreement required by Code Section 10-14-7;
(M) The name, address, and telephone number of the escrow agent;
(N) Such other information and documents as the Secretary of State may require by rule; and
(O) A filing fee of $250.00.
(3) Every person desiring to be a registered burial or funeral merchandise dealer shall file with the Secretary of State a registration application in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information:
(A) The name of the applicant;
(B) The location, mailing address, and telephone number of the applicant's principal business location in Georgia and the same information for other locations where business is conducted, together with any trade names associated with each location;
(C) All locations of the records of the applicant which relate to funeral or burial merchandise sales in Georgia;
(D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant;
(E) A certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation;
(F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the applicant's funeral or burial merchandise business in Georgia or which could materially affect the business or assets of the applicant;

Wednesday, March 22, 2000

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(G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities;
(H) A consent to service of process meeting the requirements of Code Section 10-14-24 for actions brought by the State of Georgia;
(I) The name and business address of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any burial or funeral merchandise on behalf of the applicant;
(J) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection;
(K) Such other information and documents as the Secretary of State may require by rule;
(L) A filing fee of $100.00; and
(M) A bond, if required by the rules and regulations of the Secretary of State.
(c) The Secretary of State may approve an application only after he or she has conducted an investigation of the applicant and determined that such applicant is qualified by character, experience, and financial responsibility to conduct the business for which the applicant is seeking registration in a legal and proper manner. A registration application filed under this Code section shall become effective upon the issuing of a certificate of registration by the Secretary of State or at such earlier time as the Secretary of State determines.
(5)(d) Every registration under this subsection shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submission of a renewal application containing the information required in an application for initial registration to the extent that such information had not been included in an application or renewal application previously filed together with a sworn statement that all information not provided remains accurate. The filing fee for renewal of registration shall be one-half the filing fee for such application $50.00 for each cemetery of cemetery owners, $100.00 for preneed dealers, and $50.00 for burial or funeral merchandise dealers.
(e) The Secretary of State, by rule, may provide for exceptions from registration for cemeteries when the Secretary of State determines that the public interest does not require registration, provided that such cemeteries are in existence on or before July 1, 2000, consist of less than 25 acres, and are operated by nonprofit entities.
(f) Notwithstanding any provision to the contrary contained in this Code section, the following shall be exempt from registration as a burial or funeral merchandise dealer:
(1) Any registered cemetery owner;
(2) The owner of any cemetery exempt from registration with respect to sales of burial or funeral merchandise sold for use at such cemetery;
(3) Any licensed funeral director;
(4) Any person providing interment and disinterment services exclusively at cemeteries exempt from registration;
(5) Any monument manufacturer or dealer which does not install monuments in cemeteries required to be registered by this Code section;
(6) Any person who does not offer for sale or sell burial or funeral services or merchandise to the general public; and
(7) Any registered preneed dealer.

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In addition, the Secretary of State, by rule, may provide for other exceptions from registration.
(d)(g)(1) In the event that a Any cemetery in operation on August 1, 1986 which offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for purposes of this article chapter. No cemetery formed or created on or after July 1, 2000, may fail to offer perpetual care for any part of such cemetery.
(2) Any nonperpetual care cemetery which was registered with the Secretary of State prior to August 1, 1986, may continue to be operated as such after that date and a renewal of such registration shall not be required.
(3) Any nonperpetual care cemetery which is shown to be of historical significance and is operated solely for historical nonprofit purposes shall be exempt from registration.
(4) Except as specifically authorized under paragraphs (2) and (3) of this subsection, from and after August 1, 1986, it shall be unlawful for any person to operate or establish a nonperpetual care cemetery.
10-14-5.
(a) All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of any entity required to be registered as a preneed dealer, and all individuals who offer, sell, or sign contracts for the preneed sale of burial rights shall be registered with the Secretary of State as preneed sales agents, pursuant to this Code section, unless such individuals are exempted under this chapter or individually own a controlling interest in a preneed dealer registered under this chapter.
(b) All preneed sales agents must be employed by a registered preneed dealer.
(c) A preneed dealer shall be liable for the activities of all preneed sales agents who are employed by the preneed dealer or who perform any type of preneed related activity on behalf of the preneed dealer. If a preneed sales agent violates any provision of this chapter, such preneed sales agent and each preneed dealer who employs such preneed sales agent shall be subject to the penalties and remedies set out in Code Sections 10-14-11, 10-14-19, 10-14-20, and 10-14-21.
(d) A preneed sales agent may be authorized to sell, offer, and execute preneed contracts on behalf of all entities owned or operated by the agent's sponsoring preneed dealer.
(e) If the application for his or her registration is sent by certified mail, return receipt requested, an individual may begin functioning as a preneed sales agent as soon as a completed application for registration, as set forth in subsection (g) of this Code section, is mailed to the Secretary of State, provided that, if any such sales agent fails to meet the qualifications set forth in this chapter, the preneed dealer shall immediately upon notification by the Secretary of State cause such agent to cease any sales activity on its behalf.
(f) The qualifications for a preneed sales agent are as follows:
(1) The applicant must be at least 18 years of age;
(2) The applicant must not be subject to any order of the Secretary of State that restricts his or her ability to be registered as a preneed sales agent; and
(3) The applicant must not have been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, have been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or have been convicted of a felony.
(g) An application for registration as a preneed sales agent shall be submitted to the Secretary of State with an application fee of $100.00 by the preneed dealer on a form that has been designated by the Secretary of State and shall contain, at a minimum, the following:

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2435

(1) The name, address, social security number, and date of birth of the applicant and such other information as the Secretary of State may reasonably require of the applicant;
(2) The name, address, and license number of the sponsoring preneed dealer;
(3) A representation, signed by the applicant, that the applicant meets the requirements set forth in subsection (f) of this Code section;
(4) A representation, signed by the preneed dealer, that the applicant is authorized to offer, sell, and sign preneed contracts on behalf of the preneed dealer and that the preneed dealer has informed the applicant of the requirements and prohibitions of this chapter relating to preneed sales, the provisions of the preneed dealer's preneed contract, and the nature of the merchandise, services, or burial rights sold by the preneed dealer;
(5) A statement indicating whether the applicant has any type of working relationship with any other preneed dealer or insurance company; and
(6) A signed agreement by the applicant consenting to an investigation of his or her background with regard to the matters set forth in this Code section, including, without limitation, his or her criminal history.
(h) An individual may be registered as a preneed sales agent on behalf of more than one preneed dealer, provided that the individual has received the written consent of all such preneed dealers.
(i) A preneed dealer who has registered a preneed sales agent shall notify the Secretary of State within three business days of a change in such individual's status as a preneed sales agent with such preneed dealer or upon the occurrence of any other event which would disqualify the individual as a preneed sales agent.
(j) Upon receipt and review of an application that complies with all of the requirements of this Code section, the Secretary of State shall register the applicant. The department shall by rule provide for annual renewal of registration and a renewal fee of $50.00.
44-3-132.
(k) Each cemetery registered under this chapter shall maintain in its files for a period of five years a properly completed and executed application for employment in a form prescribed by the Secretary of State for each employee, officer, or independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions. If a request is made, said forms shall be made available for inspection by authorized representatives of the Secretary of State.
10-14-6.
(c)(1)-In the event that a cemetery offers perpetual care for some designated sections of its property but does not offer perpetual care to other designated sections, the cemetery shall be considered a perpetual care cemetery for purposes of this article.
(2)(a)(1) Each cemetery or cemetery company required to be registered by this chapter which holds out to the public or advertises or contracts perpetual care in connection with the sale or lease of cemetery lots, grave spaces, niches, or crypts shall establish and maintain an irrevocable trust fund for each cemetery owned.
(A)(2) For trust funds established on or after July 1, 2000, the The initial deposit to said irrevocable trust fund shall be the sum of $10,000.00 and the deposit of said sum shall be made before selling or contracting to sell any cemetery property or burial right. No such initial deposit shall be required with respect to any cemetery for which there is an existing perpetual care account on July 1, 2000. The trust fund shall apply only to sales or contracts for sale of lots, grave spaces, niches, mausoleums, columbaria, urns, or crypts in which perpetual care has been promised or guaranteed.

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(B)(3) The initial corpus of the trust fund and all subsequent required deposits shall be deposited in a bank, savings and loan institution, trust company, state bank, state savings and loan institution, savings bank, national bank, or federal savings and loan institution, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or a state or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other depository or trustee which is approved by the Secretary of State or which meets the standards contained in the rules and regulations promulgated by the Secretary of State.

(4) Each perpetual care trust fund established on or after July 1, 2000, shall be named 'The

Cemetery

Perpetual Care Trust Fund' with the first blank being filled by the name of the cemetery and the second blank being

filled by the month and year of the establishment of such trust fund. If a cemetery has a perpetual care trust fund

existing on July 1, 2000, and the perpetual care trust fund agreement permits, the cemetery may make additional

deposits to such a trust fund on the condition that the entire corpus of the trust fund, any income earned by the trust

fund, and any subsequent deposits to the trust fund are thereafter governed by the provisions of this chapter, the

'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, except for the amount of the

initial deposit to the trust fund. If a cemetery owner or company elects to establish a new perpetual care trust fund

subject to the provisions of this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' s it existed on

July 1, 2000, any perpetual care trust fund which existed on July 1, 2000, is subject to the provisions of law in effect

on the date of its establishment, and deposits for sales transacted on or after July 1, 2000, shall be deposited in the

trust fund established on or after July 1, 2000. If a cemetery existing on July 1, 2000, has an existing perpetual care

trust fund which complies with provisions of law in effect on the date of its establishment, a new trust fund created

in compliance with this chapter shall not require an initial deposit.

(C)(b) Whenever any burial right, cemetery lot, grave space, niche, mausoleum, columbarium, urn, or crypt wherein perpetual care or endowment care is promised or contracted for or guaranteed is sold by any cemetery, the cemetery shall make deposits to the trust fund that equal the sum of $10.00 per burial space or 10 15 percent of the sales price of the burial right, whichever is greater, or 5 7.5 percent of the total sales price of any mausoleums, niches, columbaria, urns, or crypts, provided that the minimum deposit for each burial right shall be $50.00; provided, further, that on July 1, 2003, and every three years thereafter, the amount of said minimum deposit shall be adjusted by the rate of change in the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. The Secretary of State shall adopt such adjustment to the amount of said minimum deposit by rule. Deposits to the trust fund shall be made after receipt of final payment and prior to the time the next quarterly report is required to be filed with the Secretary of State, not later than 30 days following the last day of the month in which payment therefor is made, or, in the case of a free space, the month in which the space is given. In the event any sale is made on an installment basis, not less than a pro rata share of the principal portion of each payment made and allocated to the lot, grave, space, niche, mausoleum, columbarium, urn, or crypt shall be allocated to the required trust fund deposit, provided that all deposits to the trust fund shall be completed within six years from the date of the signing of the perpetual care contract. The manner of any such allocation shall be clearly reflected on the books of the registrant.

(D)(c) The initial $10,000.00 corpus of the perpetual care trust fund shall not be counted as part of the required periodic deposits and shall be considered to be corpus or principal.

(E)(d) The income from the trust fund shall be paid to the owner of the cemetery for his own use and benefit until such income so paid has reached the total of $10,000.00. Thereafter, the The income earned by the trust fund shall be paid to the cemetery and used retained by the trust fund. At such time as either:

(1) The cemetery owner is not licensed and has not been licensed for 90 or more consecutive days to sell burial rights;

(2) The cemetery is under the management of a receiver; or

(3) Less than 50 percent of available lots are unsold,

95 percent of the income from the trust fund shall be paid to the owner or receiver exclusively for covering the costs of care and maintenance of the perpetual care cemetery, or the sections of the cemetery which have been designated as perpetual care sections, including reasonable administrative expenses incurred in connection therewith. The

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income of the trust fund shall be paid to the cemetery owner or receiver at intervals agreed upon by the cemetery recipient and the trustee, but in no case shall the income be paid more often than monthly.
(F)(e) There shall be no withdrawals from the trust fund except pursuant to the provisions of this article chapter or by court order.
(G)(i)(f)(1) The assets of said a trust fund shall be invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees regarding the making and depositing of investments with trust moneys pursuant to Code Sections 53-8-1 through 53-8-4 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-8-1 and Code Section 53-12-287 of the 'Revised Probate Code of 1998.' Subject to said terms, conditions, limitations, and restrictions, the trustee of the perpetual care trust fund shall have full power to hold, purchase, sell, assign, transfer, reinvest, and dispose of any of the securities and investments in which any of the assets of said fund are invested, including proceeds of investments.
(ii)(2) Any state bank, national bank, trust company, or other financial institution authorized to act in a fiduciary capacity in this state, which presently or in the future serves as a fiduciary or cofiduciary of the trust fund of a perpetual care cemetery, may invest part or all of such trust fund held by it for investment in interests or participation in one or more common trust funds established by that state bank, national bank, trust company, or other financial institution for collective investment, if such investment is not expressly prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship and if, in the case of cofiduciaries the trust institution procures the consent of its cofiduciary or cofiduciaries to such investment, and notwithstanding the fact that such common trust funds are not invested and reinvested subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the State of Georgia upon executors and trustees in the making and disposing of their investments.
(3) Notwithstanding any other provision of this subsection, the Secretary of State shall establish rules and regulations for investments of a trust fund established on or after July 1, 2000, or otherwise governed by this chapter, the 'Georgia Cemetery and Funeral Services Act of 2000,' as it existed on July 1, 2000, as necessary to preserve the corpus and income of such a fund and for determining what restrictions are necessary for such purpose.
(4) At any time, in the event that the perpetual care trust fund contains an amount less than the amount required by this Code section, the cemetery owner shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the perpetual care trust fund an amount equal to such shortfall. In the event that the Secretary of State and the cemetery owner disagree regarding the amount of such shortfall, no penalty shall be imposed upon the cemetery owner for any failure to comply with this paragraph unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23.
(H)(g) Moneys of the perpetual care trust fund shall not be invested in or loaned to any business venture controlled by, or in an affiliate of, the cemetery individual owner, corporate owner, or a person who owns a controlling interest of the corporate owner of a cemetery owner that is not a natural person, or an affiliate of any of these persons or entities .
(I)(h) The trustee shall furnish yearly to the Secretary of State a financial report in a form designated by the Secretary of State with respect to the perpetual care trust fund.
(3)-Any cemetery which has established an irrevocable trust fund prior to July 1, 1983, and said trust fund meets the minimum criteria established by an Act providing for the registration and regulation of cemeteries, approved April 4, 1969 (Ga. L. 1969, p. 242), shall not be required to establish a new trust fund; provided, further, that any such cemetery which has sold all of its lots, grave spaces, niches, or crypts and is unable to make any future sales shall not be required to establish a trust fund as provided in this subsection.
(i) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the trust account as required by this chapter or of fraud, theft, or misconduct by the owners of the cemetery or the officers or directors of a cemetery company which has wasted or depleted such funds, the cemetery owners or the officers or directors of a cemetery company may be held jointly and severally liable for any deficiencies in the trust account as required in this chapter.

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(4)-Perpetual care cemeteries shall be registered with the Secretary of State according to the provisions of subsection (b) of this Code section. In addition to the requirements of subsection (b) of this Code section, the applicant shall also include the following:
(A)-A filing fee of $100.00;
(B)-The name, address, and telephone number of each trustee;
(C)-A copy of a perpetual care trust fund agreement executed by the applicant and accepted by the trustee calling for an initial deposit of $10,000.00 and a copy of a bank cashier's check or certified check attached for such amount and payable to such trustee, the trust agreement being conditioned only upon issuance of a certificate of registration; and
(D)-A consent to service executed by the trustee pursuant to Code Section 44-3-148.
10-14-7.
(e)(1)(a)(1) Each preneed dealer, as defined in this article, which sells burial merchandise as defined or funeral merchandise on a preneed basis or preneed interment burial or funeral services shall establish and maintain a preneed escrow account.
(A)-The (2) With respect to each monument and outer burial container, and except as otherwise provided in paragraph (3) of this subsection, the amount to be deposited to said escrow account shall be not less than 35 percent of the sales price of such burial merchandise monument or outer burial container; in no event shall the amount deposited be less than 110 percent of the wholesale price of such monument or outer burial container. For any other burial or funeral merchandise, the amount to be deposited to said escrow account shall be not less than 100 percent of the sales price of such merchandise; in no event shall the amount deposited be less than 110 percent of the wholesale price of such merchandise. If the contract of sale shall include cemetery grave spaces or items not deemed to be burial or funeral merchandise, the portion of the sales price attributable to the sale of the contemplated burial or funeral merchandise shall be determined, and it shall only be as to such portion of the total contract as constitutes burial or funeral merchandise that the deposit of 35 percent of the sales price described in this paragraph shall be required. In the event that the sale of burial or funeral merchandise is on under an installment contract, the contemplated required trust deposit shall be a pro rata part fromof the principal portion of each installment payment, such deposit only being required pro rata as payments are made by the purchaser for such burial or funeral merchandise. In the event the installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to 35 percent of the undeposited portion of the required deposit of the sales price of such burial or funeral merchandise at such time as if the contract were paid in full.
(3) With respect to a monument or outer burial container the itemized sales price of which does not include the installation of such item, 100 percent of the installation cost shall be deposited in the escrow account.
(B)(4) In the event that With respect to cash advance items and the sale of preneed funeral interment or entombment or burial services are sold, the amount to be deposited to said escrow account shall be 100 percent of the sales price of such funeral or burial services or the full amount of a cash advance item. The time and manner of deposit shall be the same as that specified for deposit of burial or funeral merchandise sale funds to the escrow account.
(C)(b) The deposit specified in subparagraph (A) of paragraph (1) paragraphs (2) and (3) of this subsection (a) of this Code section shall be made prior to the date of the next required filing of the quarterly report with the Secretary of State not later than 30 days following the last day of the month in which any payment is received.
(D)(c) The preneed escrow account shall be established and maintained in a state bank, state savings and loan institution, savings bank, trust company, national bank, federal savings and loan association, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or a state or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other organization approved by the Secretary of State which is located and doing business in this state.

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(E)(i)(d)(1) Funds may be released from the escrow account when the burial or funeral merchandise is delivered at the time of need or to the purchaser at the purchaser's request or, in the case of a monument, attached to realty, each phase of mausoleum construction is completed or the cemetery spaces are developed, or when the preneed dealer shall have paid the wholesale price of the burial merchandise to a manufacturer approved by the Secretary of State and when the manufacturer shall have certified to the purchaser that such payment has been made and that such burial merchandise will be delivered upon request of the purchaser, or at such times as described in the rules and regulations promulgated by the Secretary of State. A preneed dealer is prohibited from requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need. Deposits made from funds received in payment of preneed services shall remain in the escrow account until such services are performed, at which time said funds shall may be released to the cemetery preneed dealer upon certification of performance. The trustee may require certification by the preneed dealer of delivery of merchandise or performance of services before release of funds.
(ii)(2) The funds on deposit under the terms of this subsection shall be deemed and regarded as escrow funds pending delivery of the burial or funeral merchandise concerned and said funds may not be pledged, hypothecated, transferred, or in any manner encumbered by the escrow agent nor may said funds be offset or taken for the debts of the cemetery preneed dealer until such time as the merchandise has been delivered or the services performed the phase of mausoleum construction completed or the cemetery spaces developed; but after delivery of the burial or funeral merchandise concerned, upon completion of each phase of construction of mausoleum crypts, or the performance of preneed interment services, the registrant shall be authorized to withdraw or offset proportionately such funds and treat the same as money belonging to him; provided, however, that until delivery of burial merchandise is complete, construction is completed, or services are performed, the preneed dealer shall at no time withdraw funds in excess of the actual cost incurred in such delivery, construction, or performance.
(2)-Preneed dealers shall be registered with the Secretary of State according to the provisions of subsection (b) of this Code section. In addition to the requirements of subsection (b) of this Code section, the applicant shall also include the following:
(A)-A filing fee of $1,000.00;
(B)-The name, address, location, and telephone number of the preneed burial escrow account depository, the name of the account, the account number, and a financial report regarding said account;
(C)-An executed copy of the escrow agreement setting forth the method used for computing the preneed escrow deposit requirements. This agreement shall not be changed or amended without the prior written approval of the Secretary of State; and
(D)-The name, address, and telephone number of the escrow agent.
(3)-Every registration under this subsection shall expire on the first day of August of each year. The registration must be renewed with the Secretary of State each year by the submission of a renewal application containing the information required in an application for initial registration to the extent that such information had not been included in an application or renewal application previously filed. The filing fee for renewal of registration shall be $200.00.
(e) At any time, in the event that the preneed escrow account contains an amount less than the amount required by this Code section, the preneed dealer shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the preneed account an amount equal to such shortfall. In the event that the Secretary of State and the preneed dealer disagree regarding the amount of such shortfall, no penalty shall be imposed upon the preneed dealer for any failure to comply with this provision unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23.
(f) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the preneed escrow account as required by this chapter or of fraud, theft, or other misconduct by the preneed dealer or the officers or directors of the preneed dealer which has wasted or depleted such funds, the preneed dealer or the officers or

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directors of the preneed dealer may be held jointly and severally liable for any deficiencies in the preneed escrow account.
44-3-133. 10-14-8.
(a) The Secretary of State, by order, may prohibit a person who is an employee, officer, o r independent contractor, or other agent directly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions the sale of burial rights, burial or funeral merchandise, or burial or funeral services from employment or other association with a cemetery or preneed dealer registered registrant under this chapter if the Secretary of State finds that such is in the public interest and that said person:
(1) Has willfully made or caused to be made, in any documents filed with the Secretary of State under this article chapter, or in any hearings conducted by the Secretary of State, any statement which, at the time and in the light of the circumstances under which it was made, was false or misleading with respect to any material fact, or has willfully omitted to state in any application any material fact which is required to be stated therein or necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading;
(2) Has willfully violated or willfully failed to comply with any provision of this article chapter or a predecessor law or any regulation or order promulgated or issued under this article chapter or any predecessor law;
(3) Has been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves moral turpitude or which involves any aspect of the funeral or cemetery business, or has been convicted of a felony;
(4) Has engaged in any unethical or dishonest practices in the funeral or cemetery business; or
(5) Is permanently or temporarily enjoined, suspended, or barred by any court of competent jurisdiction or by any state or other jurisdiction from engaging in or continuing any conduct or practice involving any aspect of the funeral or cemetery business.
(b) Where the Secretary of State finds that there are grounds for the prohibition from employment provided in this Code section, he or she may issue an order prohibiting an employee, officer, or independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions from employment with a registered cemetery or preneed dealer. Such an order shall not be effective until notice and opportunity for hearing are provided in accordance with Code Section 44-3-147 10-1423 and until the Secretary of State shall issue a written order in accordance with Code Section 10-14-23 44-3-147 if such person requests a hearing under Code Section 44-3-147; but the Secretary of State may, if he or she finds that the public safety or welfare requires emergency action, immediately issue an order prohibiting such person from such employment. Such an order of immediate prohibition will expire automatically if the Secretary of State fails to afford notice and opportunity for hearing pursuant to Code Section 44-3-147 10-14-23.
44-3-135. 10-14-9.
(a)-Every person registering pursuant to Code Section 44-3-134 shall pay a filing fee as mandated by subsection (c), (d), or (e) of Code Section 44-3-134. Such initial filing fees and respective renewal fees shall be cumulative. For the purposes of this Code section, cumulative filing fees shall mean that a person who registers under subsection (c) or (d) of Code Section 44-3-134, who also sells burial merchandise or burial services under subsection (e) of Code Section 44-3-134, shall pay a filing fee that is equal to the sum of the filing fee required under subsection (c) or (d) of Code Section 44-3-134 and the filing fee required by subsection (e) of Code Section 44-3-134.
(b)-Any document filed under this article or a predecessor law may be incorporated by reference as an exhibit to any registration statement filed under Code Section 44-3-134 to the extent that the document is currently accurate; provided, however, that each registrant is under a continuing duty to update such filing and to notify the Secretary of State regarding any changes or amendments to such documents on file.

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(c)(a) A registration statement application may be amended by filing with the Secretary of State an amended application signed by the persons required to sign the original registration application under Code Section 44-3-134 10-14-4 or 10-14-5. Any such amendment shall become effective when the Secretary of State so orders.
(d)(b) Every applicant registered pursuant to Code Section 44-3-134 10-14-4 or 10-14-5 shall agree to deliver in Georgia, on demand of the Secretary of State, all records and documents concerning funds, accounts, transactions, and activities of said applicant or said applicant shall agree to pay the expenses incurred in sending an auditor approved by the Secretary of State to wherever such records and documents are located for the purpose of conducting an audit pursuant to the provisions of this article chapter.
(e)(c) When any cemetery or preneed dealer registered under Code Section 44-3-134 10-14-4 is sold or the ownership is otherwise transferred, or a controlling interest is sold or transferred, the vendor or the transferor of such cemetery, preneed dealer, or interest shall remain liable for any funds that should have been deposited prior to the date of such sale or transfer in the perpetual care trust fund or the preneed escrow account, or both.
(1) Prior to such sale or transfer, the vendor or transferor shall notify the Secretary of State of the proposed transfer and submit to the Secretary of State any document or record the Secretary of State may require in order to demonstrate that said vendor or transferor is not indebted to the perpetual care trust fund or the preneed escrow account, or both. After the transfer of ownership or control and the presentation of proof of currency of the perpetual care trust fund or the preneed escrow account, or both, by the vendor or transferor, the Secretary of State may require the presentation of proof of the continued current status of the perpetual care trust fund or the preneed escrow account, or both, by the vendee or transferee. The Secretary of State is authorized to recover from such vendor, transferor, vendee, or transferee, for the benefit of the perpetual care trust fund or the preneed escrow account, or both, all sums which the vendor, transferor, vendee, or transferee has not properly accounted for and paid into the trust fund.
(2) When the vendee or transferee has complied with the provisions of this subsection, he or she shall submit to the Secretary of State an application for registration and appropriate fees pursuant to Code Section 44-3-134 10-14-4. The Secretary of State shall then issue a certificate of registration to said vendee or transferee.
(3)-A fee of $500.00 shall be paid to the Secretary of State by the vendor or transferor upon written notification to the Secretary of State of the proposed transfer. Said fee shall be in addition to any fee imposed pursuant to subsection (f) of Code Section 44-3-140.
10-14-10.
(f)(1)(a) Except as otherwise provided in paragraph (2) of this subsection subsections (b) and (c) of this Code section, every cemetery initially registered according to the provisions of this chapter on or after August 1, 1986, July 1, 2000, shall consist of not less than 25 ten acres of land.
(2)(b) The following cemeteries shall not be subject to the requirement of paragraph (1) of this subsection (a) of this Code section:
(A)(1) All cemeteries registered according to this chapter article prior to August 1, 1986; or
(B) Cemeteries (2) Cemeteries initially registered on or after August 1, 1986, but before July 1, 2000, which shall consist of not less than 25 acres of land, except for cemeteries subject to a provision of previous law, which allowed cemeteries consisting of not less than ten acres of land dedicated solely for burial purposes and located in counties having a population of less than 10,000 according to the United States decennial census of 1990 or any future such census.
(c) The Secretary of State may provide by rule or regulation for a smaller minimum size for a cemetery which consists solely of one or more columbaria.
44-3-136. 10-14-11.

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(a) The Secretary of State may issue a stop order denying effectiveness to, or suspending or revoking the effectiveness of, any registration and shall give notice of such issuance pursuant to Code Section 44-3-147 10-14-23 if he or she finds that the order is in the public interest and that:
(1) The registration statement as of its effective date, or as of any earlier date in the case of an order denying effectiveness, contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading;
(2) The applicant has failed to file financial reports required by Code Section 44-3-134 subsection (h) of Code Section 10-14-12;
(3) The applicant has failed to pay the filing fees required by Code Section 44-3-134 10-4-4;
(4) The person or entity registered or sought to be registered or the individual owner, corporate owner, or person who owns a controlling interest of the corporate owner has been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, has been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or has been convicted of a felony; or
(5) The trustee for the perpetual care trust fund or the escrow agent for the preneed escrow account has failed to file financial reports required by subsection (h) of Code Section 10-14-6 or subsection (g) of Code Section 10-14-29;
(6) The person or entity registered or seeking to be registered has become insolvent or has filed a voluntary petition for protection from creditors; or
(5)(7) Any provision of this article chapter or any rule, order, or condition lawfully imposed under this article chapter has been willfully violated by:
(A) The person filing the registration statement application;
(B) The registrant's individual owner, corporate owner, or person who owns a controlling interest of the corporate owner; or
(C) The trustee or escrow agent of a trust fund or escrow account established and maintained pursuant to the provisions of this article chapter.
(b) The Secretary of State may deny registration or refuse to grant renewal of registration if he or she finds that such refusal or denial is in the public interest and that:
(1) The registration statement application does not contain a current list of cemetery sales persons preneed sales agents and accompanying information as required by Code Section 44-3-132 10-14-4;
(2) The applicant has not paid filing fees or renewal fees as required by Code Section 44-3-134 10-14-4; or
(3) The applicant has not filed the financial reports required by Code Section 44-3-134 10-14-4 or subsection (h) of Code Section 10-14-12.
(c) In addition to the actions authorized in subsections (a) and (b) of this Code section, the Secretary of State shall be authorized to impose a penalty fee of $25.00 per month or fraction of a month not to exceed $500.00 for the late filing of an application for a renewal registration statement or late filing of financial reports required by this article chapter, or both. However, the penalty fee or fees imposed for the late filing of an application for renewal of registration statements or financial reports may be waived by the Secretary of State upon just cause being shown by the party against whom the fee is imposed upon a showing to the Secretary of the State that such late filing was due to circumstances beyond the control of the applicant or registrant despite the exercise by the applicant or registrant of due diligence in the timely filing of the application or report.

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(d) The Secretary of State may by order summarily postpone or suspend the effectiveness of the registration statement or refuse to register any applicant pending final determination of any proceeding under this Code section. Upon the entry of the order, the Secretary of State shall promptly notify the applicant or registrant of the order and the reasons therefor for the order and that, within 15 days after the receipt of a written request, the matter will be heard. If no hearing is requested and none is ordered by the Secretary of State, the order will remain in effect until it is modified or vacated by the Secretary of State. If a hearing is requested or ordered, the Secretary of State, after notice of an opportunity for hearing to the persons affected, may modify or vacate the order or extend it until final determination.
(e) The Secretary of State may vacate or modify a stop order if he or she finds that the conditions which prompted its entry have changed or that it is otherwise in the public interest to do so.
(f) No stop order issued under any part of this Code section, except the first sentence of subsection (d) of this Code section, shall become effective until and unless the Secretary of State has complied with the provisions of Code Section 44-3-147 10-14-23.
44-3-137. 10-14-12.
(a) Each registrant under paragraph (1) or (2) of subsection (c) or (e) (b), or both, of Code Section 44-3-134 10-14-4 shall establish and maintain a separate and distinct account for the perpetual care trust fund for each cemetery and for the preneed escrow account. There shall be no commingling, codeposits, or transfers of funds between the accounts, except pursuant to court order and with the knowledge and consent of the Secretary of State.
(b) Each registrant shall keep and maintain separate books, records, accounts, and documents regarding the transaction of its business. The books, records, accounts, and documents related to the keeping of funds pursuant to the provisions of this article chapter and the rules and regulations promulgated under this article chapter shall be kept and maintained by the registrant separately from the other books, records, accounts, and documents related to the transaction of business.
(c) A cemetery owner or an officer or director of a cemetery company may be a trustee of the perpetual care trust fund of a cemetery which the individual or cemetery company owns upon approval of the Secretary of State. Said trustee shall be required to be bonded and to file such bond with the Secretary of State; however, the Secretary of State shall have the authority to waive said bond upon a showing of financial stability and assets.
(d) The Secretary of State shall have the authority to prescribe or approve the form of the perpetual care trust agreement and shall have the authority to approve or disapprove any amendments to said trust agreement as of July 1, 1983.
(e) The Secretary of State shall have the authority to prescribe or approve the form of the preneed escrow account agreement and shall have the authority to approve or disapprove any amendments to said escrow account agreement as of July 1, 1983.
(f) A trustee or escrow agent of a registrant may be removed pursuant to the provisions of Code Section 44-3-143 10-14-19 or by other means provided by the laws of this state.
(g)-A cemetery company or preneed dealer may use a sales contract containing an allocation of proceeds section, provided full disclosure of the allocation of proceeds is explained to the purchaser. The perpetual care obligations imposed by this article must be deposited when any of the following events occur but not later than the time required by subsection (c) of Code Section 44-3-134:
(1)-The allocation of proceeds applies the funds to the perpetual care trust; or
(2)-When sufficient funds have been applied to the price of the contract according to allocation of proceeds provision to indicate full payment of the lot, grave space, niche, burial right, or crypt.

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(h)-A preneed dealer must notify the Secretary of State whether the wholesale cost method or the 35 percent of the sales price method will be used for computing preneed escrow account deposits. The method of computing said deposits shall be the same for determining the amount of all escrow account deposits and the method shall not be changed except upon the written approval of the Secretary of State.
(i)-In lieu of the preneed deposits specified in subparagraph (e)(1)(A) of Code Section 44-3-134, a preneed dealer may post such proof of financial responsibility as the Secretary of State shall, by rule and regulation, require for the protection of persons purchasing burial merchandise.
(j)(g) Each perpetual care cemetery and preneed dealer shall file a report concerning the perpetual care trust and the preneed escrow account at least quarterly annually with the Secretary of State, provided that, after notice and a hearing, the Secretary of State may order more frequent reports in the event any such report is not filed in a timely manner or if the report filed contains errors and deficiencies. The report shall be on a form approved prescribed by the Secretary of State.
44-3-138. 10-14-13.
For the purposes of venue for any civil or criminal action under this article chapter, any violation of this article chapter or of any rule, regulation, or order promulgated under this article chapter shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated the article this chapter, in the county of any violator's principal place of business in this state, in the county of the cemetery's or preneed dealer's or burial or funeral merchandise dealer's location or residence in this state, and in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, or other material or objects which were used in furtherance of said violation.
44-3-139. 10-14-14.
(a) The administration of the provisions of this article chapter shall be vested in the Secretary of State, who may delegate such of his or her powers and duties under this article chapter to a division director subordinate of his the office as he or she shall deem appropriate.
(b) The Secretary of State shall keep a record of all proceedings related to his or her duties under this article chapter and shall keep a register keep records in which shall be entered the names of all cemeteries, preneed dealers, preneed sales agents, and burial or funeral merchandise dealers to whom certificates of registration are issued, which register records shall be open at all times for public inspection.
(c) The Secretary of State shall have the authority to administer oaths in, and to prescribe forms for, all matters arising under this article chapter.
(d) The Secretary of State shall have authority to employ examiners, clerks and stenographers, and other employees as the administration of this law may require. The Secretary of State shall also have authority to appoint and employ investigators who shall have, in any case that in which there is a reason to believe a violation of this article chapter has occurred or is about to occur, the right and power to serve subpoenas and to swear out and execute search warrants and arrest warrants.
(e) The Secretary of State shall have the power to make such rules and regulations from time to time as he or she may deem necessary and proper for the enforcement of this article chapter including, without limitation, rules regarding the solicitation of burial or funeral rights, merchandise, or services. The Secretary of State shall regulate such solicitation to protect the public from solicitation which is intimidating, overreaching, vexatious, fraudulent, or misleading; which utilizes undue influence; or which takes undue advantage of a person's ignorance or emotional vulnerability. Such rules and regulations shall be adopted, promulgated, and contested as provided in Chapter 13 of Title 50.
44-3-140. 10-14-15.
(a) The Secretary of State, at his or her discretion:

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(1) May make such public or private investigations or examinations inside or outside this state as he or she deems necessary to determine whether any person has violated or is about to violate any provision of this article chapter or any rule, regulation, or order under this article chapter or to aid in the enforcement of this article chapter or in the prescribing of rules and regulations under this article chapter; and
(2) May require or permit any person to file a statement in writing, under oath or otherwise as the Secretary of State determines, as to all the facts and circumstances concerning the matter to be investigated.
(b) For the purpose of conducting any investigation as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such investigations, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and, for such purposes, the Secretary of State is authorized to issue a subpoena for any witness or a subpoena for the production of documentary evidence to compel the production of any books, records, or papers. Said subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(c) In case of refusal to obey a subpoena issued under any Code section of this article chapter to any person, a superior court of appropriate jurisdiction, upon application by the Secretary of State, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.
(d) The Secretary of State is authorized to hold investigative hearings with respect to any matter under this article chapter. A hearing as provided for in this Code section may be conducted by any person designated by the Secretary of State for that purpose. A transcript of the testimony and evidence resulting from such hearing may, but need not, be transcribed by the Secretary of State. A report of the investigative hearing shall be included in the investigative report prepared for the Secretary of State. Any recommendations of the designated representative of the Secretary of State shall be advisory only and shall not have the effect of an order of the Secretary of State.
(e) The Secretary of State shall have the authority to audit inspect and review or cause to be audited reviewed the books of each registrant under this chapter that has established and maintained a perpetual care trust fund or a preneed escrow account pursuant to this article. Said audit inspection or review may be conducted by the Secretary of State as frequently as the Secretary of State may deem appropriate, provided that, in lieu of an audit, the Secretary of State may accept a certified report of examination from a certified public accountant as to the accuracy of the condition of each trust fund or escrow account. Furthermore, in the event that the Secretary of State may find reason to believe in any case that the amounts of funds on deposit are less than that required by this article, the Secretary of State may require such increase of deposit as he reasonably believes necessary to accomplish the provisions of this article .
(f)-Pursuant to the auditing powers given to the Secretary of State by this article, the Secretary of State may assess against the audited registrant reasonable and necessary expenses incurred by an audit conducted by the Secretary of State or his representatives. Such an audit may be undertaken pursuant to a proposed transfer of ownership, the failure of the registrant to keep and maintain sufficient records, or an administrative or legal action. Assessment of said reasonable and necessary audit expenses shall be $75.00 per auditor per day plus actual expenses. The combined audit expenses and actual expenses shall not exceed $1,000.00 per 12 months for any one cemetery. A certified audit conducted by an independent accountant of the registrant's perpetual care trust account and preneed escrow account may be accepted by the Secretary of State in lieu of audit. Expenses for an audit undertaken pursuant to administrative or legal action will be assessed against the registrant only if such audit results in an adverse finding pursuant to such action.
44-3-141. 10-14-16.

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(a) The owner of every cemetery may make, adopt, and enforce rules and regulations for the use, care, control, management, restriction, and protection of such cemetery and of all parts and subdivisions thereof; for restricting, limiting, and regulating the use of all property within such cemetery; for regulating and preventing the introduction and care of plants or shrubs within such grounds; for regulating the conduct of persons and preventing improper assemblages therein; and for all other purposes deemed necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of safeguarding the premises and the principles, plans, and ideas on which the cemetery was organized. From time to time, the owner may amend, add to, revise, change, modify, or abolish such rules and regulations. Such rules and regulations shall be plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery; provided, however, that no cemetery to which the provisions of this article chapter are applicable shall have the power to adopt any rule or regulation in conflict with any of the provisions of this article chapter or in derogation of the contract rights of lot owners or owners of burial rights. Upon request, the registrant shall provide a copy of said rules and regulations to any person who requests it.
(b) The owner of every cemetery shall have the further right to establish reasonable rules and regulations regarding the type material, design, composition, finish, and specifications of any and all merchandise to be used or installed in the cemetery. Reasonable Subject to the provisions of this Code section and rules of the Secretary of State, reasonable rules may further be adopted regarding the installing by the cemetery or others of all merchandise to be installed in the cemetery. Such rules and regulations shall be posted conspicuously and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery. Upon request, the registrant shall provide a copy of said rules and regulations to any person requesting it. No cemetery owner shall have the right to prevent the use of any merchandise purchased by a lot owner or owner of a burial right, his or her representative, his or her agent, or his or her heirs or assigns from any source, provided the merchandise meets all rules and regulations.
(c) All cemetery owners registrants shall have a full and complete schedule of all charges for grave lots, burial rights, burial or funeral merchandise, and burial or funeral services provided by the cemetery registrant plainly printed or typewritten, posted conspicuously, and maintained, subject to inspection and copy, at the usual place for transacting the regular business of the cemetery. Upon request, the registrant shall provide a copy of said schedule of charges to any person requesting it.
44-3-142. 10-14-17.
(a) It shall be unlawful for any person:
(1)-To sell any cemetery property, burial rights, burial services, or burial merchandise without obtaining and maintaining a valid registration with the Secretary of State;
(2)(1) To sell or offer to sell any cemetery property, burial rights, burial or funeral services, or burial or funeral merchandise by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, the buyer not knowing of the untruth or omission, if such person shall not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the untruth or omission; or
(3)(2) To sell or offer to sell any cemetery property, burial rights, burial or funeral services, or burial or funeral merchandise in violation of any provision of this article chapter or rule, regulation, or order promulgated or issued by the Secretary of State under any provision of this article. chapter;
(3) Except as otherwise provided in paragraph (4) of this subsection, in connection with the sale of preneed merchandise or services requiring funds to be deposited into a preneed escrow account, to fail to refund, within three business days of the request of the purchaser or the purchaser's heirs or assigns, the sales prices plus applicable interest as determined according to rules promulgated by the Secretary of State, provided that such request is made prior to the earlier of:
(A) The delivery of the merchandise or services; or

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(B) The death of the person for whose interment or inurnment the merchandise or services are intended to be used.
Certain solicitations during a person's last illness relating to refunds shall be a violation of Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975,' as set out in Code Section 10-1-393.7;
(4) In connection with the sale of monuments or vaults, to fail to refund within three business days of the request of the purchaser or the purchaser's heirs or assigns the full sales price, without interest, provided that such request is made prior to the earlier of:
(A) The delivery of the merchandise or services; or
(B) The death of the person for whose interment or inurnment the monument or vault is intended to be used.
Certain solicitations during a person's last illness relating to refunds shall be a violation of Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975,' as set out in Code Section 10-1-393.7;
(5) To (b)-It shall be unlawful for any person to misappropriate, convert, illegally withhold, or fail to account for any cemetery trust funds, escrow funds, or other funds established or maintained pursuant to this article. chapter;
(6) Knowingly (c)-It shall be unlawful for any person knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this article chapter, any statement which is, at the time it is made and in the light of the circumstances under which it is made, false or misleading in any material respect.;
(7) To sell, offer to sell, solicit offers to buy, or otherwise engage in the sale of funeral services if such person is not a licensed funeral director; or
(8) To sell any grave space which has not been platted and pinned.
(d)(b) It shall be unlawful for any person in connection with the ownership, offer, sale, or purchase of any cemetery property, burial rights, burial or funeral services, or burial or funeral merchandise, directly or indirectly:
(1) To employ any device, scheme, or artifice to defraud; or
(2) To engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller.
(c) In connection with the sale or installation of merchandise, it shall be unlawful for a cemetery company to:
(1) Impose any condition upon the installation of merchandise obtained from a third party, other than to require installation by a registrant under this chapter or as may be otherwise permitted by the rules and regulations of the Secretary of State;
(2) Charge a fee for the installation of merchandise purchased or obtained from and to be installed by a person or firm other than the cemetery company or its agents, provided that the cemetery owner may charge a fee not to exceed $50.00 to reimburse the cemetery owner for its actual costs incurred in assisting in the siting of a monument on the lot on which it is to be installed, supervision and inspection of the installation to ensure compliance with the rules and regulations of the cemetery, and any administrative functions associated with the installation; provided, further, any such fee is properly disclosed and published as required by this chapter and charged regardless of whether the installer is or is not the cemetery owner or affiliated therewith;
(3) Refuse to mark the place on the grave where the merchandise is to be installed and inspect the installation when completed to ensure compliance with cemetery rules and regulations;
(4) Require any person or firm that installs, places, or sets merchandise to pay any fee other than any fee charged pursuant to paragraph (2) of this subsection;

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(5) Tie the purchase of any grave space or burial right to the purchase of merchandise from or through the seller or any other designated person or corporation;
(6) Refuse to provide care or maintenance for any portion of a grave site on which a monument has been placed, provided that installation has been in accordance with lawful rules and regulations of the cemetery;
(7) Attempt to waive liability with respect to damage caused by cemetery employees or agents to merchandise after installation, where merchandise or installation service is not purchased from the cemetery company providing grave space or from or through any other person or corporation designated by the person authorized to sell grave space or the cemetery company providing grave space; provided, however, that no cemetery company may be held liable for the improper installation of merchandise where merchandise is not installed by the cemetery company or its agents;
(8) After the promulgation of rules and regulations relating to the subject matter of this subsection by the Secretary of State, to require any person who installs, places, or sets merchandise to obtain any form of insurance, bond, or surety or make any form of pledge, deposit, or monetary guarantee as a condition of entry or access to cemetery property or the installation of merchandise thereon, other than as may be in accordance with said rules and regulations.
(d) Other than the fees for the sale of burial rights, burial or funeral merchandise, and burial or funeral services, no other fee may be directly or indirectly charged, contracted for, or received by a cemetery company as a condition for a customer to use any burial right, burial or funeral merchandise, or burial or funeral service, except for:
(1) Charges paid for opening and closing a grave and vault installation;
(2) Charges paid for transferring burial rights from one purchaser to another; however, no such fee may exceed $50.00 and such fee must have been disclosed in writing to the owner at the time of the initial purchase of the burial right from the cemetery;
(3) Charges for sales, documentary, excise, and other taxes actually and necessarily paid to a public official, which charges must be supported in fact;
(4) Charges for credit life and credit disability insurance, but only as requested by the purchaser, and the premiums for which do not exceed the applicable premium chargeable in accordance with the rates filed with the Insurance Commissioner; or
(5) Charges for interest on unpaid balances in accordance with applicable law.
Nothing herein shall prohibit a cemetery company from charging a reasonable fee for services it provides in connection with a lawful disinterment, provided such charges do not exceed the greater of the cemetery company's normal and customary charges for interment or the actual costs incurred by the cemetery directly attributable to such disinterment. Nothing herein shall prohibit a cemetery from charging a reasonable fee for actual costs it incurs due to the commencement of a funeral service at a time other than previously agreed by the cemetery company, the funeral establishment, and the owner of the burial rights, or his or her heirs and assigns, provided such charges are calculated in a manner which is disclosed and published as required by this chapter and that such charges are directly attributable to extra costs incurred by the cemetery company due to such late commencement.
(e) In connection with the sale of burial rights, burial or funeral merchandise, or burial or funeral services, it shall be unlawful for any person to fail to comply with the provisions of Article 1 of Chapter 1 of this title, 'The Georgia Retail Installment and Home Solicitation Sales Act' or Part 2 of Article 15 of Chapter 1 of this title, the 'Fair Business Practices Act of 1975.' For the purposes of this subsection, burial rights, burial or funeral services, and burial or funeral merchandise shall constitute goods as that term is used in said article and said part.
(f) In connection with the installation of a monument:

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(1) It shall be unlawful for any person installing said monument to fail to comply with the lawful rules and regulations of the cemetery regarding monument installation, provided that said rules and regulations are provided in writing to the installer prior to the installation. In the event such installation is not in conformity with said rules and regulations, the installer shall be liable to the cemetery for the actual cost of correcting such installation so it will be in conformity, provided that:
(A) The cemetery has notified the installer by certified mail, return receipt requested, of the reasons for the nonconformity not later than one year after the date of the installation; and
(B) The installer, provided it is registered under this chapter, shall have had not less than 30 days from its receipt of such notice to correct such nonconformity; and
(2) An installer of a monument shall be liable to the cemetery, to its customers, and to third persons for damages to their respective property and for other damages arising due to the negligence or intentional act of such installer, which liability may not be waived by contract.
(g) No program offering free burial rights may be conditioned on any requirement to purchase additional burial rights, burial or funeral merchandise, or burial or funeral services.
(h) The contract rights of any purchaser of preneed merchandise shall be freely transferable without fee.
(i) It shall be unlawful for any owner or operator of a perpetual care cemetery to fail to provide care and maintenance for the cemetery.
10-14-18.
(a) A registrant offering to provide burial rights, burial or funeral merchandise, or burial or funeral services to the public shall:
(1) Provide by telephone, upon request, accurate information regarding the retail prices of burial or funeral merchandise and services offered for sale by the registrant;
(2) Fully disclose all regularly offered services and merchandise prior to the selection of burial rights, burial or funeral services, or burial or funeral merchandise. The full disclosure required shall identify the prices of all burial or rights, burial or funeral services, and burial or funeral merchandise provided by the registrant;
(3) Not make any false or misleading statements of the legal requirement as to the necessity of a casket or outer burial container;
(4) Provide a good faith estimate of all fees and costs the customer will incur to use any burial rights, merchandise, or services purchased;
(5) Provide to the customer a current copy of the rules and regulations of the registrant;
(6) Provide the registrant's policy on cancellation and refunds to each customer;
(7) Provide refunds if burial or funeral merchandise is not delivered as represented; and
(8) Provide the customer, upon the purchase of any burial right or burial or funeral merchandise or service, a written contract, the form of which has been filed with the Secretary of State.
(b) In a manner established by rule of the Secretary of State, the written contract shall provide on the signature page of the contract, clearly and conspicuously in boldface ten-point type or larger, the following:
(1) The words 'purchase price' together with the sum of all items set out in the contract in accordance with subsection (d) of this Code section;

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(2) The amount to be placed in trust;
(3) Either:
(A) A statement that no further expenses will be incurred at the time of need; or
(B) A statement that additional expenses will be incurred at the time of need, the registrant's current price for each such expense, and a statement that such prices may be expected to increase in the future; and
(4) The telephone number designated by the Secretary of State for questions and complaints.
(c) The written contract shall be completed prior to the signing of the contract by the customer and a copy of the contract shall be provided to the customer.
(d) The written contract shall provide an itemization of the amounts charged for all burial rights, burial or funeral services, burial or funeral merchandise, cash advances, and fees and other charges, which itemization shall be clearly and conspicuously segregated from everything else on the written contract.
(e) The written contract shall contain a description of the burial or funeral merchandise covered by the contract to include, when applicable, size, materials from which the burial or funeral merchandise is made, and other relevant specifications as may be required by the Secretary of State.
(f) The written contract shall disclose the location at which funeral services are to be provided and the space number of each lot or grave space.
44-3-143. 10-14-19.
(a) Whenever it may appear to the Secretary of State, either upon complaint or otherwise, that any person has engaged in, or is engaging in, or is about to engage in any act or practice or transaction which is prohibited by this article chapter or by any rule, regulation, or order of the Secretary of State promulgated or issued pursuant to any Code section of this article chapter or which is declared to be unlawful under this article chapter, the Secretary of State may, at his or her discretion, act under any or all of the following paragraphs:
(1) Issue an order, if he or she deems it to be appropriate in the public interest or for the protection of consumers, prohibiting such person from continuing such act, practice, or transaction, subject to the right of such person to a hearing as provided in Code Section 44-3-147 10-14-23;
(2) Apply to any superior court of competent jurisdiction in this state for an injunction restraining such person and his such person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or engaging therein or doing any acts in furtherance thereof, and for appointment of a receiver or an auditor and such other and further relief as the facts may warrant; or
(3) Transmit such evidence as may be available concerning such act, practice, or transaction to any district attorney or to the Attorney General, who may, at his or her individual discretion, institute the necessary criminal proceedings.
(b) In any proceedings for an injunction, the Secretary of State may apply for and be entitled to have issued the court's subpoena requiring the appearance forthwith of any defendant and his its agents, employees, partners, officers, or directors, and the production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of the public as the facts may warrant.
(c) In any criminal proceeding, either the district attorney or the Attorney General, or both, may apply for and be entitled to have issued the court's subpoena requiring the appearance forthwith of any defendant or his its agents,

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employees, partners, officers, or directors and the production of such documents, books, and records as may appear necessary for the prosecution of such criminal proceedings.
(d) In any civil proceeding brought under this Code section, if the Secretary of State shall establish that a perpetual care trust fund or preneed escrow account has not been established and maintained as required, the assets of the cemetery, cemetery company, or preneed dealer may be seized and sold by the state under orders of the court to the extent necessary to provide said perpetual care trust fund or preneed escrow account and set up the same. In addition, where the certificate of registration has been revoked, the whole company property may be ordered sold after the perpetual care trust fund and preneed escrow account have been established so that the purchaser of the cemetery may continue to operate the same and maintain it under the terms of this article chapter.
(e) The Secretary of State shall have the authority to petition a court of competent jurisdiction to remove a trustee or escrow agent for violation of the provisions of this article chapter, the rules and regulations promulgated under this article chapter, or for other unlawful acts and practices.
(f) In addition to any other penalties that may be imposed, any person willfully violating any provisions of Code Section 44-3-142 10-14-17 or 10-14-18 or of Code Section 44-3-136 10-14-11 or any rule, regulation, or order of the Secretary of State made pursuant to Code Section 44-3-142 10-14-17, 10-14-18, or 44-3-136 10-14-11 shall be subject to a civil penalty not to exceed $100.00 $10,000.00 for each day that such a single violation or violations persist but and not exceeding the total sum of $5,000.00 $100,000.00 for multiple violations in a single proceeding or a series of related proceedings. However, such penalty shall only be imposed if the person shall fail to correct any failure, refusal, or violation after written notice of the Secretary of State to correct same . The Secretary of State shall be authorized in his or her discretion to decline to impose a penalty or to impose any lesser penalty that he or she may deem to be sufficient and appropriate in any particular case. The amount of such penalty may be collected by the Secretary of State in the same manner that money judgments are now enforced in the superior courts of this state, except that the order or finding of the Secretary of State as to such penalty may be appealed according to the provisions of Code Section 44-3-146 10-14-22.
44-3-144. 10-14-20.
(a) Any Except as otherwise provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this article chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both.
(b) Any person who shall willfully violate subsection (b) of Code Section 44-3-142 10-14-17, Code Section 10-1418, or any provision of this article chapter regarding the establishment, maintenance, or reporting of any trust, reserve, or escrow funds mandated by this article chapter shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 $10,000.00 or imprisonment for not less than one and not more than five years, or both.
(c) Nothing in this article chapter shall limit any statutory or common-law right of the state to punish any person for violation of any provision of any law.
44-3-145. 10-14-21.
(a) Any person who violates any provision of subsection (a), (b), or (d) of Code Section 44-3-142 10-14-17 shall be liable to the person buying such cemetery property, burial lot, burial right, burial merchandise, or burial service; and such buyer may bring action in any court of competent jurisdiction to recover the consideration paid in cash for the cemetery property, burial lot, burial right, burial merchandise, or burial service together with interest at the legal rate from the date of such payment, and reasonable attorney's fees and costs .
(b) In addition to the remedy set forth in subsection (a) of this Code section, a purchaser may apply to a court of competent jurisdiction in this state for an order authorizing the recovery of the preneed escrow deposit if a registrant fails to deliver burial merchandise or perform preneed burial services in accordance with the terms of the preneed sales contract.

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(c) No person may bring action under this Code section more than two years from the date of the scheduled completion of the contract for sale or from the date of the sale if there is no contract for sale.
(d) Every cause of action under this article chapter survives the death of any person who might have been a plaintiff or defendant.
(e) Nothing in this article chapter shall limit any statutory or common-law right of any person in any court for any act involving the sale of cemetery property, a burial lot, burial right, burial merchandise, or burial services.
44-3-146. 10-14-22.
(a) An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with the provisions of Code Section 44-3-150 10-14-23 by any person adversely affected thereby to the Superior Court of Fulton County, Georgia, by serving on the Secretary of State, within 20 days after the date of entry of such order, a written notice of appeal, signed by the appellant, stating:
(1) The order from which the appeal is taken;
(2) The ground upon which a reversal or modification of such order is sought; and
(3) A demand for a certified transcript of the record of such order.
(b) Upon receipt of such notice of appeal, the Secretary of State shall, within ten days thereafter, make, certify, and deliver to the appellant a transcript of the record of the order from which the appeal is taken, provided that the appellant shall pay the reasonable costs of such transcript. The appellant shall, within five days after receipt of such transcript, file such transcript and a copy of the notice of appeal with the clerk of the court. Said notice of appeal and transcript of the record shall constitute appellant's complaint. Said complaint shall thereupon be entered on the trial calendar of the court in accordance with the court's normal procedures.
(c) If the order of the Secretary of State shall be reversed, the court shall by its mandate specifically direct the Secretary of State as to his or her further action in the matter, including the making and entering of any order or orders in connection therewith and the conditions, limitations, or restrictions to be contained therein.
44-3-147. 10-14-23.
(a) Where the Secretary of State has issued any order forbidding the sale of cemetery property, burial lots, burial rights, burial merchandise, or burial services under any provision of this article chapter, he or she shall promptly send to the cemetery owner, cemetery company, burial or funeral merchandise dealer, or preneed dealer and to the persons who have filed such application for registration a notice of opportunity for hearing. Before entering an order refusing to register any person or entity and after the entering of any order for revocation or suspension, the Secretary of State shall promptly send to such person or entity a notice of opportunity for hearing. Hearings shall be conducted by the Secretary of State pursuant to this Code section.
(b) Notices of opportunity for hearing shall be served by investigators appointed by the Secretary of State or sent by certified mail, return receipt requested, to the addressee's business mailing address, and such notice shall state:
(1) The order which has issued or which is proposed to be issued;
(2) The ground for issuing such order or proposed order; and
(3) That the person to whom such notice is sent will be afforded a hearing upon request if such request is made within ten days after receipt of the notice.
(c) Whenever a person requests a hearing in accordance with the provisions of this Code section, there shall immediately be set a date, time, and place for such hearing, and the person requesting such hearing shall forthwith be notified thereof. Except as provided in subsection (b) of Code Section 44-3-133, the The date set for such

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hearing shall be within 15 days, but not earlier than five days after the request for hearing has been made, unless otherwise agreed to by the issuer of the notice and the person requesting such hearing.
(d) For the purpose of conducting any hearing as provided in this Code section, the Secretary of State shall have the power to administer oaths, to call any party to testify under oath at such hearings, to require the attendance of witnesses and the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the Secretary of State is authorized, at the request of the person requesting such hearing or upon his the official's own initiative, to issue a subpoena for any witnesses or a subpoena for the production of documentary evidence to compel the production of any books, records, or papers. Said subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address or by investigators appointed by the Secretary of State or shall be directed for service to the sheriff of the county where such witness resides or is found or where such person in custody of any books, records, or papers resides or is found. The fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the Secretary of State in the same manner that other expenses of the Secretary of State are paid.
(e) At any hearing conducted under this Code section, a party or an affected person may appear in his or her own behalf or may be represented by an attorney. A stenographic record of the testimony and other evidence submitted shall be taken unless the Secretary of State and the person requesting such hearing shall agree that such a stenographic record of the testimony shall not be taken. A transcript of the proceeding shall be made available to a party upon the payment of reasonable costs. The Secretary of State shall pass upon the admissibility of such evidence, but a party may at any time make objections to such rulings thereon; and, if the Secretary of State refuses to admit evidence, the party offering the same shall make a proffer thereof and such proffer shall be made a part of the record of such hearing.
(f) If the Secretary of State does not receive a request for a hearing within the prescribed time, he or she may permit an order previously entered to remain in effect or he or she may enter a proposed order. If a hearing is requested and conducted as provided in this Code section, the Secretary of State shall issue a written order which shall set forth his or her findings with respect to the matters involved and enter an order in accordance with his the Secretary's findings.
44-3-148. 10-14-24.
When consent to service of process is required under this article chapter, such consent to service of process shall be in the form prescribed by the Secretary of State, shall be irrevocable, and shall provide that actions brought by the State of Georgia arising out of or founded upon the sale of cemetery property, burial lots, burial rights, burial services, or burial merchandise in violation of this article chapter may be commenced in any court of competent jurisdiction with proper venue within this state by the service of process or pleadings upon the Secretary of State against the person executing such consent. Notwithstanding any provision in any other law to the contrary, service of any such process or pleadings in any such action against a person who has filed a consent to service with the Secretary of State shall, if made on the Secretary of State, be by duplicate copies, one of which shall be filed in the office of the Secretary of State and the other shall immediately be forwarded by the Secretary of State by certified mail to the person against whom such process or pleadings are directed at his such person's latest address on file in the office of the Secretary of State.
44-3-149. 10-14-25.
Any condition, stipulation, or provision binding any person acquiring any cemetery property, burial lot, burial right, burial merchandise, or burial services to waive:
(1) Compliance with any provision of this article chapter or of the rules and regulations promulgated under this article chapter;
(2) Any rights provided by this article chapter or by the rules and regulations promulgated under this article chapter; or

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(3) Any defenses arising under this article chapter or under the rules and regulations promulgated under this article chapter
shall be void.
44-3-150. 10-14-26.
For any action taken or any proceeding had under the provisions of this article chapter or under color of the law, the Secretary of State shall be immune from liability and action to the same extent that any judge of any court of general jurisdiction in this state would be immune.
44-3-151. 10-14-27.
(a) In any action, civil or criminal, a certificate signed and sealed by the Secretary of State, stating compliance or noncompliance with the provisions of this article chapter, shall constitute prima-facie evidence of such compliance or noncompliance with the provisions of this article chapter and shall be admissible in any such action.
(b) In any action, civil or criminal, copies, photostatic or otherwise, certified by the Secretary of State of any documents filed in his or her office and of any of his or her records shall be admissible with the same effect as the original of such documents or records would have if actually produced.
44-3-152. 10-14-28.
(a) Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 1983 2000, except that no civil action may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and, in any event, no later than July 1, 1983 2000.
(b) All effective registrations under prior law, all administrative orders relating to such registrations, and all conditions imposed upon such registrations remain in effect. They shall be deemed to have been filed, entered, or imposed under this article chapter but are governed by prior law.
(c) Judicial review of all administrative orders as to which review proceedings have not been instituted by July 1, 1983 2000, are governed by Code Section 44-3-146 10-14-22, except that no review proceeding may be instituted unless the petition is filed within any period of limitation which applied to a review proceeding when the order was entered and, in any event, no later than August 1, 1983 2000.
10-14-29.
(a) A cemetery company shall start construction of that section of a mausoleum or columbarium in which sales, contracts for sales, reservations for sales, or agreements for sales are being made within four years after the date of the first such sale or 50 percent of the mausoleum or columbarium has been sold and the purchase price has been received, whichever occurs first. The construction shall be completed within five years after the date of the first sale made. If the units have not been completely constructed at the earlier of time of need or the time specified in this subsection, all moneys paid shall be refunded upon request, plus interest earned thereon for that portion of the moneys deposited in the preneed escrow account and an amount equal to the interest that would have been earned on that portion of the moneys that were not so deposited.
(b) A cemetery company that plans to offer for sale space in a section of a mausoleum or columbarium prior to construction shall establish a preconstruction trust fund by written instrument. The preconstruction trust fund shall be administered by a corporate trustee approved by the Secretary of State and not affiliated with the cemetery company and operated in conformity with applicable provisions of Code Section 10-14-7. The preconstruction trust fund shall be separate from any other trust funds that may be required by this chapter.
(c) Before a sale, contract for sale, reservation for sale, or agreement for sale in a mausoleum section or columbarium may be made, the cemetery company shall compute the amount to be deposited to the preconstruction

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trust fund. The total amount to be deposited in the fund for each unit of the project shall be computed by dividing the cost of the project plus 10 percent of the cost, as computed by a licensed contractor, engineer, or architect, by the number of crypts or niches in the mausoleum or columbarium. When payments are received in installments, the percentage of the installment payment placed in trust must be identical to the percentage which the payment received bears to the total cost of the contract, including other burial or funeral merchandise and services purchased. Preconstruction trust fund payments shall be made within 30 days after the end of the month in which payment is received.
(d) When the cemetery company delivers a completed crypt, mausoleum, columbarium, or niche acceptable to the purchaser in lieu of the crypt or niche purchased prior to construction, all sums deposited to the preconstruction trust fund for that purchaser shall be paid to the cemetery company.
(e) Upon completion of the mausoleum section or columbarium, the cemetery company shall certify completion to the trustee and shall be entitled to withdraw all funds deposited to the account of such mausoleum section or columbarium.
(f) If the mausoleum section or columbarium is not completed within the time limits set out in this Code section, the trustee shall contract for and cause the project to be completed and pay therefor from the trust funds deposited to the project's account, paying any balance, less cost and expenses, to the cemetery company. The cemetery company shall be liable for any difference between the amount necessary to complete construction and the amount of trust funds.
(g) On or before January 31 of each year, the trustee shall file with the Secretary of State in the form prescribed by the Secretary of State, a full and true statement as to the activities of any trust established pursuant to this Code section for the preceding calendar year.
10-14-30.
The Secretary of State, by rule, may adopt minimum standards for interment of human remains, including, without limitation, standards for depth of burial, composition of vaults, caskets, and other containers, siting and marking of burial lots, and minimum standards for construction of mausoleums and columbaria. In addition, the Secretary of State may, by rule, provide for the minimum standards for or prohibition of aboveground burial containers."
SECTION 2.
Said title is further amended in Part 2 of Article 15 of Chapter 1, the "Fair Business Practices Act of 1975," by inserting a new Code section to be designated Code Section 10-1-393.7 to read as follows:
"10-1-393.7.
(a) Without otherwise limiting the definition of unfair or deceptive acts or practices under this part, it shall be unlawful for any person to solicit another during such other's final illness or during the final illness of any other person for the purpose of persuading a person who is suffering from his or her final illness or a person acting on behalf of such person to seek refund of moneys paid for an existing preneed contract for burial services or merchandise or funeral services or merchandise.
(b) In addition to any other penalty imposed for the violation of this Code section, the administrative agency which issues a finding of violation shall order the violator to pay restitution in the amount of the refund to the person, corporation, partnership, or other legal entity which refunded moneys paid for an existing preneed contract for burial services or merchandise or funeral services or merchandise."
SECTION 3.
Code Section 33-8-1 of the Official Code of Georgia Annotated, relating to fees and taxes paid to the Commissioner of Insurance, is amended by striking in its entirety subparagraph (Q) of paragraph (1) and inserting in lieu thereof the following:

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"(Q) Preneed funeral service company...................................................25.00 Reserved"
SECTION 4.
Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, is amended by striking and reserving in its entirety Article 2, relating to contracts for preneed funeral services, including Code Section 43-18-90, relating to legislative intent; Code Section 43-18-91, relating to policy declarations; Code Section 43-18-92, relating to definitions; Code Section 43-18-93, relating to certificates of authority for persons holding funds as payment on preneed funeral services contracts; Code Section 43-18-94, relating to applications for such certificates; Code Section 43-18-95, relating to records, examinations, and investigation; Code Section 43-18-96, relating to disposition of proceeds received on contracts; Code Section 43-1897, relating to service charges; Code Section 43-18-98, relating to payment of funds upon death of named beneficiary; Code Section 43-18-99, relating to liability of depository after beneficiary's death; Code Section 43-18100, relating to advertising; Code Section 43-18-101, relating to cancellation of contracts; Code Section 43-18-102, relating to revocation, suspension, or refusal to renew certificate of authority; Code Section 43-18-103, relating to applicability to persons authorized to operate cemeteries; Code Section 43-18-104, relating to injunctions; Code Section 43-18-105, relating to liquidation proceedings; Code Section 43-18-106, relating to fines; Code Section 4318-107, relating to enforcement; and Code Section 43-18-108, relating to penalties.
SECTION 5.
Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, is amended by striking and reserving in its entirety Article 4, relating to cemeteries, including Code Section 44-3-130, relating to the short title; Code Section 44-3-131, relating to definitions; Code Section 44-3-132, relating to employees' applications; Code Section 44-3-133, relating to prohibition of certain persons from employment; Code Section 44-3-134, relating to registration, trust funds, and escrow accounts; Code Section 44-3135, relating to filing fees and documents, state audits, change of ownership, and minimum size requirements; Code Section 44-3-136, relating to suspension or revocation of registration and denial of application for registration; Code Section 44-3-137, relating to accounts, agreement forms, bonds, trustees and escrow agents, funds allocation, and financial reports; Code Section 44-3-138, relating to venue; Code Section 44-3-139, relating to administration and rules and regulations; 44-3-140, relating to investigations, hearings, and audits; Code Section 44-3-141, relating to cemetery rules and regulations and service charges; Code Section 44-3-142, relating to prohibited acts; Code Section 44-3-143, relating to civil penalties; Code Section 44-3-144, relating to criminal penalties; Code Section 44-3-145, relating to purchaser's remedy for violations; Code Section 44-3-146, relating to judicial appeal; Code Section 44-3147, relating to administrative appeal; Code Section 44-3-148, relating to consent to service of process; Code Section 44-3-149, relating to waiver of rights or defenses; Code Section 44-3-150, relating to immunity of the Secretary of State; Code Section 44-3-151, relating to evidence in civil or criminal actions; and Code Section 44-3152, relating to actions pending under prior law.
SECTION 6.
Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to rights in personalty, is amended in Code Section 44-12-260, relating to definitions relative to American Indian human remains and burial objects, by striking paragraph (4) in its entirety and inserting in lieu thereof the following:
"(4) 'Burial site' or 'burial ground' means an area dedicated to and used for interment of human remains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. Such a site may be any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which, as a part of the death rite or ceremony of a culture, individual human remains are deposited. Such term does not include any cemetery required to be registered with the Secretary of State pursuant to Code Section 44-3-134 1014-4."
SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.

Wednesday, March 22, 2000

2457

Senator Hecht of the 34th moved that the Senate adopt the Conference Committee report on SB 462.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Smith Starr Y Stephens Y Stokes Y Streat Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Thompson Y Walker Y Williams

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 462.

The following bill was taken up to consider the Conference Committee report thereto:

SB 349. By Senators Crotts of the 17th, Harbison of the 15th, Price of the 56th and others:

A bill to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, so as to change the provisions relating to special license plates for military reservists and provide for identifying the branches of the reserve and for retired reservists; to change the provisions relating to proof of eligibility for certain members and retired members of the National Guard; to repeal conflicting laws; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on SB 349 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 349 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Harbison of the 15th /s/ Senator Crotts of the 17th /s/ Senator Broun of the 46th

/s/ Representative Sauder of the 29th /s/ Representative Roberts of the 162nd /s/ Representative Parsons of the 40th

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 349

A BILL

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To be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, so as to change the provisions relating to special license plates for military reservists and provide for identifying the branches of the reserve and for retired reservists; to change the provisions relating to proof of eligibility for certain members and retired members of the National Guard; to change certain provisions relating to license plates for veterans awarded the Purple Heart; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, is amended by striking Code Section 40-2-65, relating to special license plates for military reservists, and inserting in its place the following:
"40-2-65.
(a)(1) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for private passenger cars, motorcycles, or trucks used for personal transportation. Motor vehicle owners who are members of any National Guard unit in a state adjoining the State of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligible to receive free motor vehicle plates for private passenger cars, motorcycles or trucks used for personal transportation to identify such vehicle owner as a reservist. 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. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a member of one of the following branches of the 'United States military reserve.': Army, Navy, Marines, Air Force, or Coast Guard. The major commanders of each active reserve component program shall furnish to the commissioner a list of the members of their command assigned or attached to troop program units who reside in Georgia. The adjutant general of each neighboring state shall furnish to the commissioner a list of the members of that state's National Guard unit who reside in Georgia. The lists of reservists and guardsmen required under this subsection shall be updated as necessary throughout the calendar year. The commanding officer of each active reserve component program unit or the adjutant general of the National Guard unit of each neighboring state shall, upon request of any reserve member or National Guard member of that unit, respectively, furnish to that member approved documentation supporting the member's current membership in the respective reserve or National Guard unit. This documentation shall be presented annually to the tax commissioner of the county in which the reserve member or National Guard member applies for the special license plate under this Code section and upon subsequent reregistration for each succeeding year.
(2) Motor vehicle owners who are retired from any branch of the active reserve components whose active reservists are eligible to obtain free motor vehicle license plates under paragraph (1) of this subsection, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate as prescribed in that article for private passenger cars, motorcycles or trucks used for personal transportation. Each such retired member shall be entitled to no more than one such free plate for any calendar year; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a retired member shall be entitled to receive one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00, which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state

Wednesday, March 22, 2000

2459

as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection to members of the branch of the active reserve component from which that person retired. The commanding officer of each active reserve component program unit shall, upon request of any retired reserve member from that unit, furnish to that retired member approved documentation supporting the retired member's current retired membership status from that reserve unit. This documentation shall be presented annually to the tax commissioner of the county in which the retired reserve member applies for the special license plate under this Code section and upon subsequent reregistration for each succeeding year.
(b)(1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of one of the components of the 'United States military reserve', whether the owner is an active or retired reservist, and acquisition by the reservist of another motor vehicle, the license plate issued pursuant to this Code section shall be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other reservist license plate.
(2) Should an active reservist who has been issued a license plate or license plates be discharged or otherwise separated, except by retirement, from his or her reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's license plate or license plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former reservist to replace the reservist plate or plates. Should an active reservist enlist or be commissioned after purchasing a regular license plate for his or her current registration period, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve components, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of the commanding officer's letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate.
(c) 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, motorcycles and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. 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 (b) of this Code section, such plates shall be nontransferable."
SECTION 2.
Said article is further amended by striking subsection (a) of Code Section 40-2-66, relating to special National Guard license plates, and inserting in its place the following:
"(a)(1) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars, motorcycles or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. 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 owner as a member of the Georgia

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National Guard. The adjutant general of Georgia shall furnish to the commissioner a list of the members of the Georgia National Guard which list shall be updated throughout the year as necessary. The adjutant general of Georgia shall, upon request of any member of that National Guard unit, furnish to that member approved documentation supporting the member's current membership in that National Guard unit. This documentation shall be presented annually to the tax commissioner of the county in which the National Guard member applies for the special license plate under this Code section and upon subsequent reregistration for each succeeding year.
(2) Motor vehicle owners who are retired members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate as prescribed in that article for private passenger cars, motorcycle or trucks used for personal transportation. Each retired member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The license plates issued pursuant to this paragraph shall, in addition to the numbers and letters prescribed by law, be identical to those issued pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner a list of the retired members of the Georgia National Guard which list shall be updated as necessary throughout the year. The adjutant general of Georgia shall, upon request of any member retired from that National Guard unit, furnish to that retired member approved documentation supporting the member's retired membership status in that National Guard unit. This documentation shall be presented annually to the tax commissioner of the county in which the retired National Guard member applies for the special license plate under this Code section and upon subsequent reregistration for each succeeding year."
SECTION 3.
Said article is further amended by striking Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart, and inserting in lieu thereof the following:
"40-2-84.
(a) Motor vehicle or boat trailer owners who are veterans of the armed forces of the United States who have been awarded the Purple Heart citation shall be eligible to receive a special and distinctive vehicle license plate for a private passenger car or truck used for personal transportation or for a boat trailer, provided that the requisite number of applications are received by the commissioner as provided in subsection (b) of this Code section. Such license plate 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 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 not more than one free license plate at a time; provided, however, that upon payment of the regular license fee provided for in Code Section 48-10-2 and payment of the manufacturing fee provided for in this Code section, a veteran may obtain an additional such license plate. The commissioner shall retain all applications received for such special and distinctive license plate until a minimum of 250 applications have been received. After receipt of 250 applications for such 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 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 and boat trailers before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for each additional special and distinctive license plate shall be $25.00. 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.

Wednesday, March 22, 2000

2461

(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 or for boat trailers. 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 owner as a Purple Heart recipient.

(d) The license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. The spouse of a deceased veteran of the armed forces of the United States who was awarded the Purple Heart citation shall continue to be eligible to be issued a distinctive personalized license plate as provided in this Code section for any vehicle owned by such veteran ownership of which is transferred to the surviving spouse or for any other vehicle owned by such surviving spouse either at the time of the qualifying veteran's death or acquired thereafter, so long as such person does not remarry.

(e) For each additional special license plate issued under this Code section there shall be an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34."

SECTION 4.

This Act shall become effective on January 1, 2001.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.

Senator Crotts of the 17th moved that the Senate adopt the Conference Committee report on SB 349.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks Y Crotts Y Dean
Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison C Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp Y Ladd Y Lamutt C Land Y Lee C M V Bremen
Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan
Ray Scott Smith Y Starr Y Stephens Stokes Y Streat Tanksley Y Tate Y Thomas,D Thomas,N Y Thomas,R Y Thompson Walker Y Williams

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 349.
The following bill was taken up to consider House action thereto:

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SB 376.

By Senators Butler of the 55th, James of the 35th, Brown of the 26th and others:
A bill to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to prohibit police officers from using race as a factor in their decision to stop a motorist; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to prohibit police officers from using race for determining probable cause in their decision to stop a motorist; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, is amended by inserting at the end thereof a new Code Section 40-1-6 to read as follows:
"40-1-6.
A police officer may, upon reasonable belief that any motor vehicle is being operated in violation of any provision of statutory law, require the driver thereof to stop the vehicle and exhibit the registration card issued for the vehicle and the individual's driver's license. The officer's belief of the violation must be based on specific, articulable facts. The officer may not use a person's race or ethnicity to form probable cause or reasonable suspicion of a violation but may use a person's race or ethnicity to confirm a previously obtained description of a suspect. Nothing in this Code section shall be construed to alter the requirements for determining probable cause or reasonable suspicion under the United States and Georgia Constitutions."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
Senator Butler of the 55th moved that the Senate agree to the House substitute to SB 376.
Senator Fort of the 39th moved that the Senate agree to the House substitute to SB 376 as amended by the following amendment:
Amend the House substitute to SB 376 by adding the word "alone" on line 21 between "ethnicity" and "to"
Senator Fort of the 39th asked unanimous consent that his motion, which takes precedence, be withdrawn. The consent was granted, and the motion was withdrawn.
Senator Price of the 56th moved that the Senate agree to the House substitute to SB 376 as amended by the following amendment:
Amend the House substitute to SB 376 by adding on line 20 between the words "not" and "use" the following:
"solely"

Wednesday, March 22, 2000

2463

Senator Price of the 56th asked unanimous consent that his motion, which takes precedence, be withdrawn. The consent was granted, and the motion was withdrawn.

Senator Ray of the 48th moved that the Senate agree to the House substitute to SB 376 as amended by the following amendment:

Amend the House substitute to SB 376 by striking lines 21 through 24 in their entirety and replace with the following:

"person's race or ethnicity solely to form probable cause or reasonable suspicion of a violation. Nothing in this Code section"

On the motion, which takes precedence, a roll call was taken, and the vote was as follows:

Y Balfour N Blitch N Bowen Y Broun N Brown Y Brush Y Burton N Butler Y Cable Y Cagle
Cheeks Y Crotts N Dean Y Egan N Fort N Gillis Y Gingrey
Golden Y Guhl

Y Hamrick N Harbison C Hecht
Hill N Hooks Y Huggins N Jackson
James Y Johnson,E N Kemp Y Ladd Y Lamutt Y Land Y Lee N M V Bremen
Madden Marable Y Perdue N Polak

Y Price,R Y Price,T N Ragan Y Ray N Scott N Smith Y Starr Y Stephens N Stokes
Streat Y Tanksley N Tate Y Thomas,D N Thomas,N N Thomas,R N Thompson
Walker Y Williams

On the motion, the yeas were 26, nays 21; the motion lost, and the Senate did not agree to the House substitute to SB 376 as amended by the Senate.

On the motion by Senator Butler of the 55th to agree to the House substitute, a roll call was taken, and the vote was as follows:

N Balfour Blitch
Y Bowen Y Broun Y Brown N Brush N Burton Y Butler N Cable N Cagle
Cheeks N Crotts Y Dean Y Egan Y Fort

N Hamrick Y Harbison Y Hecht
Hill Y Hooks
Huggins Y Jackson
James N Johnson,E Y Kemp N Ladd N Lamutt
Land N Lee Y M V Bremen

N Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes
Streat Y Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R

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Y Gillis N Gingrey
Golden N Guhl

Madden Marable N Perdue Y Polak

Thompson Y Walker N Williams

On the motion, the yeas were 25, nays 20; the motion lost, and the Senate did not agree to the House substitute to SB 376.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has rejected the report of the second Committee of Conference on the following bill of the House:

HB 577.

By Representatives Porter of the 143rd, McBee of the 88th and Mobley of the 69th:

A bill to amend Code Section 43-30-8 of the Official Code of Georgia Annotated, relating to optometry registration, so as to change the provisions relating to continuing education.

The House has agreed to the Senate amendment to the House substitute to the following bill of the Senate:

SB 465.

By Senators Thompson of the 33rd, Tanksley of the 32nd, Stokes of the 43rd and others:

A bill to be entitled an Act to amend Code Section 28-3-24.1 of the Official Code of Georgia Annotated, relating to the public distribution of legislative information in electronic format, so as to establish the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 405-2 of the Official Code of Georgia Annotated, relating to the keeping of records of applications for licenses and information on licensees, so as to refer to the GeorgiaNet Division of the Georgia Technology Authority; to amend Code Section 47-2-320 of the Official Code of Georgia Annotated, relating to membership in the retirement system of officers and employees of the GeorgiaNet Authority, so as to refer to the Georgia Technology Authority; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws.

The House insists on its position in disagreeing to the Senate substitute and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following bill of the House:

HB 1240.

By Representatives Campbell of the 42nd and Massey of the 86th:

A bill to amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to provide that sodomy with a person who is less than ten years of age shall constitute the offense of aggravated sodomy.

The Speaker has appointed on the part of the House, Representatives Massey of the 86th, Campbell of the 42nd and Stuckey of the 67th.

The House has agreed to Senate amendment #1, and agrees to Senate amendment #2, as amended by the House, to the following bill of the House:

HB 1428.

By Representatives Holland of the 157th, Walker of the 141st and Jenkins of the 110th:

A bill to amend Article 1 of Chapter 1 of Title 53 of the Official Code of Ge orgia Annotated, relating to general provisions relative to probate, so as to provide that the Supreme Court of Georgia shall be authorized to adopt rules governing the use of forms in the probate courts and standard forms to be used in proceedings before the probate courts.

Wednesday, March 22, 2000

2465

The House insists on its position in amending the following bill of the Senate:

SB 38.

By Senators Madden of the 47th, Starr of the 44th and Hecht of the 34th:

A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to create the Advisory Committee on Pain Management for the Terminally Ill within the office of the joint-secretary of the state examining boards; to provide for committee appointment, membership, terms, qualifications, vacancies, expenses, allowances, and organization; to provide for committee rights, duties, and functions.

The following bill was taken up to consider House action thereto:

HB 1240. By Representatives Campbell of the 42nd and Massey of the 86th:

A bill to be entitled an Act to amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to provide that sodomy with a person who is less than ten years of age shall constitute the offense of aggravated sodomy; to change the penalty; to repeal conflicting laws; and for other purposes.

Senator Meyer von Bremen of the 12th moved that the Senate adhere to its substitute and that a Conference Committee be appointed.

On the motion, the yeas were 45, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Meyer von Bremen of the 12th, Land of the 16th and Hecht of the 34th.

The following bill was taken up to consider the Conference Committee report thereto:

HB 1441. By Representative Murphy of the 18th:

A bill to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety and the Department of Motor Vehicle Safety; to provide for the responsibilities of the new department with respect to laws relating to registration and titling of motor vehicles, issuance and control of drivers' licenses, vehicle size and weight, fuel tax registration, motor carrier safety, and other laws formerly the responsibility of the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission; to provide for related matters; to repeal conflicting laws; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on HB 1441 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1441 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Thompson of the 33rd /s/ Senator Tanksley of the 32nd /s/ Senator Streat of the 19th

/s/ Representative Powell of the 23rd /s/ Representative Parham of the 122nd /s/ Representative Bulloch of the 180th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1441

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JOURNAL OF THE SENATE

A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety, the Board of Motor Vehicle Safety, and the Department of Motor Vehicle Safety; to provide for the responsibilities of the new department with respect to laws relating to registration and titling of motor vehicles, issuance and control of drivers' licenses, vehicle size and weight, fuel tax registration, motor carrier and limousine carrier operations, regulation of driver training schools, and other laws related to motor vehicle safety formerly the responsibility of the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission; to provide for the selection, service, and powers and duties of the commissioner and employees of the department; to provide for rules and regulations and forms; to provide for administration; to authorize appropriation of funds; to provide for transfers of prior appropriations; to provide for transfers of personnel, equipment, and facilities; to provide for disposition of fines and forfeitures; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the transfer of law enforcement functions from the Department of Transportation to the Department of Motor Vehicle Safety and so as to provide for conforming amendments; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for indemnification of law enforcement officers of the Department of Motor Vehicle Safety who are killed or injured in the line of duty; to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to to provide for the transfer from the Public Service Commission to the Department of Motor Vehicle Safety of functions relating to motor carriers and limousine carriers and so as to provide for conforming amendments and repeal of obsolete provisions; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change provisions relating to collection of motor vehicle ad valorem taxes; to amend certain other provisions of the Official Code of Georgia Annotated so as to provide for certain changes in the administrative organization of the Department of Public Safety and so as to provide for conforming amendments; to provide for related matters; to provide for an effective date and implementation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by adding at its end a new Chapter 16 to read as follows:
"CHAPTER 16
40-16-1.
As used in this chapter, the term:
(1) 'Board' means the Board of Motor Vehicle Safety.
(2) 'Commissioner' means the commissioner of motor vehicle safety.
(3) 'Department' means the Department of Motor Vehicle Safety.
40-16-2.
(a) There is created the Department of Motor Vehicle Safety. The department shall be the agency primarily responsible for:
(1) Administration of the laws and regulations relating to registration and titling of motor vehicles, as provided for in Chapters 2 and 3 of Title 40;

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(2) Administration of the laws and regulations relating to drivers' licenses, as provided for in Chapter 5 of Title 40;
(3) Administration of the laws and regulations relating to proof of financial responsibility, as provided for in Chapter 9 of Title 40;
(4) Enforcement of laws and regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32;
(5) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations of said requirements to the state revenue commissioner;
(6) Administration and enforcement anywhere in the state of laws and regulations relating to motor carriers, limousine carriers, and hazardous material carriers as provided for in Chapters 7 and 11 of Title 46;
(7) Enforcement of all state laws but only on the following properties owned or controlled by the Department of Transportation or the State Tollway Authority: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto;
(8) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers, but only in those situations involving the obstruction or hindrance of enforcement officers designated by the department in their official duties;
(9) Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control;
(10) Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes;
(11) Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system;
(12) Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system;
(13) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system; and
(14) Enforcement of any state law when ordered to do so by the Governor.
(b) In performance of the duties specified in subsection (a) of this Code section, certified law enforcement officers employed by the department shall:
(1) Be authorized to carry firearms;
(2) Exercise arrest powers;
(3) Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with this chapter and other laws the administration or enforcement of which is the responsibility of the department;
(4) Have the power to examine the facilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining compliance with this chapter and other laws the administration or enforcement of which is the responsibility of the department; and

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(5) Exercise the powers generally authorized for law enforcement officers in the performance of the duties specified by this chapter or otherwise to the extent needed to protect any life or property when the circumstances demand action.
(c) In the performance of its duties, the department shall be required to comply with all applicable federal laws and rules and regulations and shall certify that the state is in compliance with all provisions and requirements of all applicable federal-aid acts and programs.
40-16-3.
(a) The department shall be under the direction, control, and management of the Board of Motor Vehicle Safety and the commissioner of motor vehicle safety. The commissioner shall be appointed by and serve at the pleasure of the board.
(b) The Board of Motor Vehicle Safety shall consist of nine members. Five members shall be appointed by the Governor and their terms shall expire as follows: two members on June 30, 2003, and June 30 of each sixth year thereafter; two members on June 30, 2005, and June 30 of each sixth year thereafter; and one member on June 30, 2007, and June 30 of each sixth year thereafter. Two members shall be appointed by the Lieutenant Governor and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. Two members shall be appointed by the Speaker of the House and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. All members except for the initial appointees shall serve for terms of six years and until their successors are appointed and qualified.
(c) The Governor shall designate a member to serve as chairperson of the board. The chairperson's term as chairperson shall expire on June 30, 2003, and June 30 of each second year thereafter. The board may elect other officers from among its membership and may establish bylaws for the conduct of its business.
(d) The members of the board shall receive no salary for their service on the board but any member who is not otherwise a public officer or employee shall receive a per diem expense allowance as provided in subsection (b) of Code Section 45-7-21.
(e) The board shall be the general policy-making body for the Department of Motor Vehicle Safety; and the commissioner shall be the chief executive officer of the department, subject to the policies established by the board. All rules and regulations promulgated by the commissioner must be approved by the board before they take effect.
(f) The commissioner shall receive an annual salary to be set by the board which shall be his or her total compensation for services as commissioner. The commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties.
(g) The commissioner shall take and subscribe before the board an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers.
40-16-4.
(a) The commissioner shall establish such units within the department as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing.
(b) The commissioner shall have the authority to employ as many persons as he or she deems necessary for the administration of the department and for the discharge of the duties of his or her office. He or she shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the department within the limitations of the department's appropriation and the restrictions set forth by law.

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(c) All employees of the department shall be compensated upon a fixed salary basis and no person shall be compensated for services to the department on a commission or contingent fee basis.
(d) Neither the commissioner nor any officer or employee of the department shall be given or receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as commissioner or as an officer or employee of the department.
(e) The commissioner shall delegate to such officers and employees of the department as he or she may designate the law enforcement powers and duties of the department as set out in Code Section 40-16-2. All officers and employees to whom such law enforcement powers and duties are delegated must be certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.'
40-16-5.
(a) Subject to approval by the board, the commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or any law which it is his or her duty to administer.
(b) The commissioner may prescribe forms as he or she deems necessary for the administration and enforcement of this chapter or any law which it is his or her duty to administer.
(c) The authority granted to the commissioner pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(d) The following rules and regulations shall remain of full force and effect as rules and regulations of the Department of Motor Vehicle Safety until amended, repealed, or superseded by rules or regulations adopted by the commissioner of motor vehicle safety:
(1) All rules and regulations previously adopted by the Department of Transportation or the State Transportation Board or the commissioner of transportation which relate to functions transferred under this chapter from the Department of Transportation to the Department of Motor Vehicle Safety;
(2) All rules and regulations previously adopted by the Public Service Commission which relate to functions transferred under this chapter from the Public Service Commission to the Department of Motor Vehicle Safety;
(3) All rules and regulations previously adopted by the Department of Public Safety or the commissioner of public safety which relate to functions transferred under this chapter from the Department of Public Safety to the Department of Motor Vehicle Safety; and
(4) All rules and regulations previously adopted by the Department of Revenue or the state revenue commissioner which relate to functions transferred under this chapter from the Department of Revenue to the Department of Motor Vehicle Safety.
(e) All valid licenses, permits, certificates, and similar authorizations previously issued by the Department of Transportation, the Public Service Commission, the Department of Public Safety, and the Department of Revenue under laws to be administered by the Department of Motor Vehicle Safety shall continue in effect until the same expire by their terms unless they are suspended, revoked, or otherwise made ineffective as provided by law.
40-16-6.
(a) The commissioner may pursuant to rule or regulation specify and impose civil monetary penalties for violations of laws, rules, and regulations administered by the commissioner. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to the effective date of this chapter.

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(b) All proceedings for the imposition of civil monetary penalties by the commissioner and other contested cases to be decided by or under authority of the commissioner shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' All such administrative proceedings which are pending on the effective date of this chapter under laws the administration of which is transferred to the commissioner shall be transferred to the jurisdiction of the commissioner as of the effective date of this chapter.
(c) The enactment of this chapter and the Act by which it is enacted shall not affect or abate the status as a crime of any act or omission which occurred prior to the effective date of such Act, nor shall the prosecution of such crime be abated as a result of such enactment.
40-16-7.
(a) The department shall be a budget unit to which funds may be appropriated as provided in the 'Budget Act,' Part 1 of Article 4 of Chapter 12 of Title 45. The department shall be an independent and distinct department of state government. The duties of the department shall be performed by that department and not by any other agency of state government, and the department shall not perform the duties of any other agency of state government. The position of commissioner of motor vehicle safety shall be a separate and distinct position from any other position in state government. The duties of the commissioner shall be performed by the commissioner and not by any other officer of state government, and the commissioner shall not perform the duties of any other officer of state government.
(b) Appropriations to the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for functions transferred to the Department of Motor Vehicle Safety pursuant to this chapter may be transferred to the Department of Motor Vehicle Safety as provided for in Code Section 45-12-90, relating to disposition of appropriations for duties, purposes, and objects which have been transferred. Personnel, equipment, and facilities previously employed by the Department of Revenue, the Department of Public Safety, the Department of Transportation, and the Public Service Commission for such transferred functions shall likewise be transferred to the Department of Motor Vehicle Safety. Any disagreement between such departments as to any such transfers shall be determined by the Governor.
(c) Except as specifically provided otherwise by law, all fines and forfeitures collected for criminal violations cited by the department's enforcement officers shall, after deduction from the total fine or forfeiture of the amounts due the Peace Officers' Annuity and Benefit Fund and the Sheriffs' Retirement Fund of Georgia and any other deductions specified by law, be paid by the clerk of the court into the fine and forfeiture fund of the county treasurer in the same manner and subject to the same rules of distribution as other fines and forfeitures."
PART II
SECTION 2-1.
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking Code Section 32-1-7, relating to disbursement of fines and forfeitures in cases brought by officers of the Department of Transportation, and inserting in its place a new Code section to read as follows:
"32-1-7.
Reserved. All fines and forfeitures collected for criminal violations cited by the department's enforcement officers under authority of Code Sections 32-6-29 and 32-6-30 and any rules and regulations pertaining thereto shall, after deduction from the total fine or forfeiture of the amounts due the Peace Officers' Annuity and Benefit Fund of Georgia and the Sheriffs' Retirement Fund of Georgia, be paid by the clerk of the court into the fine and forfeiture fund of the county treasurer in the same manner and subject to the same rules of distribution as other fines and forfeitures."
SECTION 2-2.

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Said Title 32 is further amended by striking paragraph (15) of subsection (a) of Code Section 32-2-2, relating to the authority and duty to inspect for violations of motor vehicle licensing and fuel tax registration requirements, and inserting in its place a new paragraph to read as follows:
"(15) Reserved; The department shall have the authority and duty relating to the inspection for violations of motor vehicle licensing and fuel tax registration requirements and the department shall report violations of said requirements to the revenue commissioner;"
SECTION 2-3.
Said Title 32 is further amended by striking paragraph (1) of Code Section 32-6-2, relating to regulation of parking, and inserting in its place a new paragraph to read as follows:
"(1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or through municipalities. Whenever any state or local law enforcement officer or employee of the Department of Transportation Motor Vehicle Safety to whom law enforcement authority has been designated pursuant to Code Section 32-6-29 finds a vehicle parked in violation of law or the department's regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer or employee is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which the department determines to be a threat to public health or safety or to mitigate traffic congestion."
SECTION 2-4.
Said Title 32 is further amended by striking subsection (a.1) of Code Section 32-6-27, relating to enforcement of vehicle load limits, and inserting in its place a new subsection to read as follows:
"(a.1)(1)(A) The department Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50.
(B) The department Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (f) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation.
(2)(A) The department Department of Motor Vehicle Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91.
(B) The department Department of Motor Vehicle Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a.1) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation."
SECTION 2-5.
Said Title 32 is further amended by striking subsections (c) through (i) of said Code Section 32-6-27 and inserting in their place new subsections (c) through (i) to read as follows:

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"(c) Within 15 days after the issuance of the citation authorized in paragraph (4) of subsection (a) of Code Section 32-6-29, the owner or operator of any offending vehicle shall pay the amount of the assessment to the department Department of Motor Vehicle Safety or request an administrative determination of the amount and validity of the assessment. If an administrative hearing is requested, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the department's rules and regulations of the Department of Motor Vehicle Safety. Any person who has exhausted all administrative remedies available within the department Department of Motor Vehicle Safety and who is aggrieved by a final order of the department Department of Motor Vehicle Safety is entitled to judicial review in accordance with Chapter 13 of Title 50.
(d) All Code Section 48-2-17 to the contrary notwithstanding, all moneys collected in accordance with this Code section shall be transmitted to the treasurer of the department Department of Motor Vehicle Safety, thereafter to be disposed of as follows:
(1) All moneys collected for violations of the weight limitations imposed by this article shall be retained by the department to help defray the expenses of enforcing the weight, length, width, and height limitations set forth in this article and to be used for highway maintenance purposes in addition to any sums appropriated therefor to the department remitted to the general fund of the state treasury; and
(2) All moneys collected for violations of the height, width, or length limitations imposed by this article, after the appropriate statutory deductions, shall be retained by the governing authority of the county wherein the violation occurred for deposit in the general treasury of said county.
(e) Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) of this Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle.
(f) Any person authorized by law to enforce this article may seize the offending vehicle of an owner who fails or whose operator has failed to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. Any person seizing such vehicle under this subsection or subsection (e) of this Code section may, when necessary, store the vehicle; and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded, or partially unloaded under these subsections, the load or any part thereof shall be removed or cared for by the owner or operator of the vehicle without any liability on the part of the authorized person or of the state or any political subdivision because of damage to or loss of such load or any part thereof.
(g)(1) Whenever any person, firm, or corporation violates this article and becomes indebted to the department Department of Motor Vehicle Safety because of such violations and fails within 15 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the department Department of Motor Vehicle Safety for administrative review, as provided for in subsection (c) of this Code section, such assessment shall become a lien upon the overweight motor vehicle so found to be in violation, which lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the department Department of Motor Vehicle Safety was created.
(2) Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In the event that the commissioner or his designee, hearing officer, or others find administrative law judge finds in favor of the department Department of Motor Vehicle Safety, the person, firm, or corporation shall pay the assessment within 30 days after the issuance of a final decision by the agency administrative law judge or, if judicial review is had in accordance with Chapter 13 of Title 50, then within 30 days after final judicial review is terminated. If the person, firm, or corporation fails to pay the assessment within 30 days, such assessment shall become a lien as provided for under paragraph (1) of this subsection.
(3) The department Department of Motor Vehicle Safety shall perfect the lien created under this subsection in the same manner as is provided for in subsection (b) of Code Section 40-3-50 and Code Section 40-3-53.

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(h)(1) The department Department of Motor Vehicle Safety, in seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation assessed under this article, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the department Department of Motor Vehicle Safety, its agents, its officers, or attorney setting forth the basis of the petitioner's claim and sufficient grounds for issuance of an immediate writ of possession.
(2) The department Department of Motor Vehicle Safety shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition.
(3) The court before whom the petition is pending shall issue a writ for immediate possession, upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly.
(4) When an immediate writ of possession has been granted, the department Department of Motor Vehicle Safety shall proceed against the defendant in the same manner as provided for in Code Sections 44-14-265 through 44-14269.
(i)(1) Whenever any person, firm, or corporation violates this article and fails within 15 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the department Department of Motor Vehicle Safety for an administrative review as provided for under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the department Department of Motor Vehicle Safety may notify the Department of Public Safety of such facts act to suspend the motor vehicle license plate of the vehicle involved. However, if the person, firm, or corporation requests an administrative review, the department Department of Motor Vehicle Safety may notify the Department of Public Safety shall act to suspend the license plate only after the issuance of a final decision favorable to the department Department of Motor Vehicle Safety and the requisite failure of the person, firm, or corporation to pay the assessment. Upon receipt of such notification such failure to pay the assessment, the Department of Public Motor Vehicle Safety shall send a letter to the owner of such motor vehicle stating that the Department of Public Safety has been informed of the fact of such overdue assessment. Upon receipt of such letter from the Department of Public Motor Vehicle Safety, it shall be the duty of the owner of such vehicle to notify the Department of Public Motor Vehicle Safety, within 15 days of the date on which notification was mailed by the Department of Public Motor Vehicle Safety, as to whether the assessment has been paid. If such information is not received by the Department of Public Motor Vehicle Safety within the specified time period or if the assessment has not in fact been paid, the Department of Public Motor Vehicle Safety shall suspend the motor vehicle license plate issued to the motor vehicle involved in the overweight assessment citation and shall notify the owner of the motor vehicle that he or she must forward the motor vehicle license plate issued to such motor vehicle to the Department of Public Motor Vehicle Safety. Upon complying with this subsection by paying the overdue assessment and upon submitting proof of compliance and paying a $10.00 restoration fee to the Department of Public Motor Vehicle Safety, the commissioner of public motor vehicle safety shall return any motor vehicle license plate suspended under this subsection to the owner of such motor vehicle. In cases where the motor vehicle license plate has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Public Motor Vehicle Safety shall suspend the motor vehicle license plate for a period of 60 days and thereafter until the owner submits proof of compliance with this subsection and pays the $25.00 restoration fee to the Department of Public Motor Vehicle Safety.
(2) The Department of Public Motor Vehicle Safety, upon suspending the motor vehicle license plate, as provided for in this subsection, shall require that such plate be surrendered to the Department of Public Motor Vehicle Safety immediately following the effective date of suspension; and it is the duty of the owner, immediately upon receipt of notice from the Department of Public Motor Vehicle Safety, to forward the license plate to the Department of Public Motor Vehicle Safety.
(3) If such motor vehicle license plate is not received by the Department of Public Motor Vehicle Safety within ten days following the effective date of suspension, the commissioner of public motor vehicle safety shall forthwith direct any member of the Georgia State Patrol or any peace officer to secure possession of such plate and return the same to the commissioner of public motor vehicle safety.

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(4) Unless otherwise provided for in this subsection, notice of the effective date of suspension shall occur when the driver received receives actual knowledge or legal notice thereof, whichever occurs first. For the purposes of making any determination under this article relating to the return of a suspended motor vehicle license plate, no period of suspension under this subsection shall begin until the plate is surrendered to the Department of Public Motor Vehicle Safety or to a court of competent jurisdiction under this subsection, whichever shall occur first. If the motor vehicle license plate is lost or for any other reason surrender to the Department of Public Motor Vehicle Safety is impossible, the period of suspension shall begin on the date an affidavit setting forth the reasons for such impossibility is received by the department.
(5) It shall be unlawful to refuse to deliver upon a legal demand any motor vehicle license plate.
(6) Any person violating the provisions of paragraph (2) of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment for not more than 90 days.
(7) For the purposes of this subsection, where any provisions require the Department of Public Motor Vehicle Safety to give notice to a person, which notice affects such person's motor vehicle license plate, the mailing of such notice and the name and address shown on the notice of overdue assessment citation supplied by the Department of Public Motor Vehicle Safety, as required by this subsection, shall be presumptive evidence that such person received the required notice."
SECTION 2-6.
Said Title 32 is further amended by striking Code Section 32-6-29, relating to law enforcement activities of the Department of Transportation, and inserting in its place a new Code section to read as follows:
"32-6-29.
(a) It shall be the duty of the department to enforce this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2. To carry out this duty, the commissioner is authorized to appoint enforcement officers who shall have the power: The Department of Transportation shall be responsible for rules and regulations relating to size and weight limits and issuance of permits under this article.
(1)-To enforce all laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2;
(2)-To prevent and detect acts which constitute civil or criminal violations of the laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2;
(3)-To arrest without warrant any person charged with criminal offenses appertaining to the laws, rules, and regulations pertaining to this article and the licensing and fuel tax registration requirements contained in paragraph (15) of subsection (a) of Code Section 32-2-2; and
(4)-To issue citations for civil damages to any person found violating the laws, rules, and regulations pertaining to the weights of motor vehicles, trailers, and loads.
(b) The commissioner is authorized to appoint enforcement officers who shall have, in addition to any powers or duties created by any other law, the power: The Department of Transportation shall not, however, employ any law enforcement officers or agents. Responsibility for enforcement of this article shall be in the Department of Motor Vehicle Safety.
(1)-To enforce all state laws and to arrest any person found to be violating any state law but only on the following properties owned or controlled by the department or the State Tollway Authority: rest areas, truck-weighing stations

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or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto;
(2)-To enforce Code Section 16-10-24, but only in those situations involving the obstruction or hindrance of enforcement officers designated by the department in their official duties and to arrest any person found to be violating Code Section 16-10-24 in this regard;
(3)-To carry firearms issued or authorized by the department while in the performance of their duties but only if such enforcement officers have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act';
(4)-To direct and control traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control;
(5)-To enforce, on any public road which is part of the state highway system, Code Section 16-11-43 and to arrest any person found to be violating any provision of said Code section;
(6)-To enforce, on any public road which is part of the state highway system, Code Section 16-7-43 and to arrest any person found to be violating any provision of said Code section;
(7)-To enforce, on any public road which is part of the state highway system, Code Section 16-7-24 and to arrest any person found to be violating any provision of said Code section; and
(8)-To enforce any state law when ordered to do so by the Governor or protect any life or property when the circumstances demand action.
(c)-These enforcement officers shall have the full authority of peace officers while in the performance of their duties. As used in this subsection, the term 'peace officer' means any person who by virtue of his or her office of public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all crimes or is limited to specific offenses.
(d) Each person designated by the commissioner as an enforcement officer shall take an oath before an officer duly authorized to administer oaths. For each such person, the department shall secure a bond of not less than $5,000.00 from a surety company licensed to transact business in this state. Such bond shall be conditioned upon the faithful performance of his or her duties and made payable to the commissioner and his or her successors in office."
SECTION 2-7.
Said Title 32 is further amended by striking Code Section 32-6-30, relating to weighing, measuring, and inspection of vehicles, and inserting in its place a new Code section to read as follows:
"32-6-30.
(a) Any law enforcement officer or employee of the department Department of Motor Vehicle Safety to whom law enforcement authority has been designated pursuant to Code Section 32-6-29 who observes a motor vehicle being operated upon a public road of the state and who has reason to believe that:
(1) Any provision of this article is being violated;
(2) The vehicle is improperly licensed in violation of Code Sections 48-10-1 through 48-10-12; or
(3) A fuel tax registration card is not being carried or that a proper distinguishing identification marker is not affixed to the vehicle in violation of Code Sections 48-9-39 and 48-11-14

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is authorized to stop such vehicle and weigh, measure, or inspect the same. Violations of such licensing or fuel tax registration and identification requirements shall be reported to the Department of Motor Vehicle Safety or the Department of Revenue as appropriate.
(b)(1) If the operator of the vehicle shall refuse to stop upon proper order as directed by a person authorized by subsection (a) of this Code section to stop, weigh, measure, or inspect the vehicle or its load, the operator shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $200.00. The operator shall have the right to post an appropriate bond, which shall not exceed $400.00, when any law enforcement officer or employee of the department Department of Motor Vehicle Safety authorized to enforce this article apprehends said operator for any violation of this article.
(2) In addition, the operator's driver's license or nonresident's driving privilege shall may be suspended for a period of not more than 90 days by the Department of Public Motor Vehicle Safety if the Department of Transportation shall so request and present to the Department of Public Safety upon satisfactory proof of said refusal to stop or drive the vehicle upon the scales. Each person who shall apply for a Georgia driver's license, or for nonresident driving privileges, or for a renewal of same thereby consents to stop such vehicle for inspection or to drive such vehicle upon scales whenever so ordered by a law enforcement official or authorized employee of the department Department of Motor Vehicle Safety."
PART III
SECTION 3-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-2-1, relating to definitions applicable to vehicle registration, and inserting in its place a new Code section to read as follows:
"40-2-1.
As used in this chapter, the term:
(1) 'Commissioner' means the state revenue commissioner of motor vehicle safety.
(2) 'Department' means the Department of Motor Vehicle Safety.
(2)(3) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever he is absent, he has the intention of returning. For the purposes of this chapter, there is a rebuttable presumption that any person who, except for infrequent, brief absences, has been present in the state for 30 or more days is a resident."
SECTION 3-2.
Said Title 40 is further amended by striking subsection (e) of Code Section 40-2-21, relating to vehicle registration periods, and inserting in its place a new subsection to read as follows:
"(e) Any local law enacted pursuant to this Code section shall specify either a staggered registration period of four months or a nonstaggered registration period of four months. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be verified to the Department of Revenue commissioner."
SECTION 3-3.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-2-23, relating to tax collectors and tax commissioners as tag agents, and inserting in its place a new subsection to read as follows:
"(b) The state revenue commissioner is authorized to further designate each such tag agent as a sales tax agent for the purpose of collecting sales and use tax with respect to the casual sale or casual use of a motor vehicle. For

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purposes of this Code section, 'casual sale' or 'casual use' means the sale of a motor vehicle by a person who is not regularly or systematically engaged in making retail sales of motor vehicles and the first use, consumption, distribution, or storage for use or consumption of such motor vehicle purchased through a casual sale. As personal compensation for services rendered to the Department of Revenue with respect to the collection of such sales and use tax, each such designated tag agent shall be authorized to retain from such collection a fee of $200.00 per month. In any month in which an insufficient amount of such tax is collected to pay such fee, the amount of any such unpaid fee may be deferred until such month as sufficient collections are made. Such compensation shall be in addition to any other compensation to which such tax collector or tax commissioner is entitled."
SECTION 3-4.
Said Title 40 is further amended by striking Code Section 40-2-24, relating to bonds of tag agents, and inserting in its place a new Code section to read as follows:
"40-2-24.
Each tag agent shall give bond conditioned as the commissioner may require, and in such amount as the commissioner may deem necessary and proper, not exceeding $250,000.00, to protect the state adequately. Such bond shall be executed by a surety corporation licensed to do business in the State of Georgia, as surety, and the premiums shall be paid by the Department of Revenue Department of Motor Vehicle Safety. The bond shall run to the Governor and his or her successors in office and shall be approved as to conditions, form, and sufficiency by the commissioner."
SECTION 3-5.
Said Title 40 is further amended by striking Code Section 40-2-27, relating to registration of certain vehicles not conforming to emissions standards, and inserting in its place a new Code section to read as follows:
"40-2-27.
(a) No application shall be accepted and no certificate of registration shall be issued to any motor vehicle which was not manufactured to comply with federal emission and safety standards applicable to new motor vehicles as required by 42 U.S.C.A. Section 7401 through Section 7642, known as the Clean Air Act, as amended, and as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the Department of Revenue commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation.
(b) The provisions of subsection (a) of this Code section shall only apply to applications for certificates of registration for such motor vehicles first registered in Georgia after July 1, 1985. Certification of compliance shall only be required at the time of application for the issuance of the initial Georgia certificate of registration.
(c) Applications for registration of such motor vehicles shall be accompanied by a Georgia certificate of title, proof that an application for a Georgia certificate of title has been properly submitted, or such other information and documentation of ownership as the commissioner shall deem proper."
SECTION 3-6.
Said Title 40 is further amended by striking paragraph (1) of subsection (c) of Code Section 40-2-33, relating to issuance of and fees for registration, and inserting in its place a new paragraph to read as follows:
"(c)(1) Any other provisions of any law of this state, whether general, special, or local, to the contrary notwithstanding, and except as provided in subsection (b) of this Code section and paragraph (2) of this subsection, the fees prescribed in subsection (b) of this Code section shall be retained by the tag agent appointed by the commissioner under this chapter and shall be his or her own personal compensation for the services rendered to the

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Department of Revenue in the administration of this chapter, regardless of whether such agent may otherwise be an elected or appointed official of the county, and regardless of whether as such county officer he or she is compensated for the performance of the duties of such office on a fee basis or salary basis, or combination thereof. It shall be his or her duty, however, as agent for the commissioner in the administration of the purposes of this chapter, to compensate any additional personnel which may be necessary to enable said agent to effectuate the provisions of this chapter and the rules and regulations promulgated under this chapter by the commissioner."
SECTION 3-7.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-2-34, relating to reports and remittances by tag agents, and inserting in its place a new subsection to read as follows:
"(a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related sums of money to which the Department of Revenue state is entitled. All tag reports of license applications handled and related sums of money to which the Department of Revenue state is entitled must be submitted to the commissioner within 14 calendar days from the close of the business week during which the aforementioned license applications were handled and related sums of money received. The term 'business week' shall mean Monday through Friday (or Saturday if applicable)."
SECTION 3-8.
Said Title 40 is further amended by striking subsections (a), (b), and (d) of Code Section 40-2-37, relating to registration of public vehicles, and inserting in their respective places new subsections to read as follows:
"(a) All vehicles of the type required to be registered by Code Section 40-2-20 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functions, except those employed in secret investigatory police functions to which regular Georgia license plates are issued, shall be registered with the commissioner by the fiscal officers or other proper officials of the respective departments and agencies of the state, municipality, or political subdivision to which such vehicles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturer's vehicle identification number; the department, agency, political subdivision, or branch thereof to which such vehicle is to be registered; and such other information as to use and identity as the commissioner may require. Upon the filing with the Department of Revenue of the properly executed application for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $1.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced."
"(b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the Department of Revenue commissioner shall provide for five-year registration and issuance of regular license plates for such vehicles. The five-year license plates issued pursuant to this subsection shall be identical in appearance to regular license plates issued for private vehicles. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such five-year license plates shall be issued at the beginning of a five-year license period as for private vehicles or shall be issued at the time the vehicle is purchased by the state, and all such license plates shall expire at the same time as regular license plates."
"(d) Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdivision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and either destroyed by such agency or returned to the commissioner for destruction. If a license plate has been destroyed by the agency, certification of such destruction shall be provided by the agency to the commissioner upon a form prepared and furnished for such purpose by the commissioner. In the event of a transfer of a vehicle to a

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department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the commissioner. Such transfer shall be recorded on the registration lists maintained by the Department of Revenue commissioner. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued upon application of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered."
SECTION 3-9.
Said Title 40 is further amended by striking Code Section 40-2-44, relating to replacement plates and decals, and inserting in its place a new Code section to read as follows:
"40-2-44.
(a) Except as provided in subsection (b) of this Code section, the owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff, the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Motor Vehicle Division of the Department of Revenue commissioner with a fee of $8.00 to obtain a duplicate license plate or revalidation decal. Alternatively, the copy of the police report may be submitted to the applicant's county tag agent with a fee of $8.00 in which case the county tag agent is authorized to issue a replacement license plate or decal. In those instances in which a vehicle owner is unable to obtain a police report of such theft, loss, or mutilation of a license plate or revalidation decal, the owner shall be authorized to submit to the appropriate law enforcement agency or official and to either the Motor Vehicle Division of the Department of Revenue commissioner or to the county tag agent a sworn affidavit as to such theft, loss, or mutilation in lieu of a police report and obtain a replacement license plate or decal. The county tag agent shall be entitled to retain as compensation for issuance of a replacement license plate or decal the same commission as provided for issuance of a new license plate or decal under the terms and conditions provided in subsection (b) of Code Section 40-2-33.
(b) If the license plate or revalidation decal is mutilated but still legible and if such license plate or revalidation decal is surrendered with the application for the duplicate, the requirements of subsection (a) of this Code section, relating to reporting the theft, loss, or mutilation of a license plate or decal and submitting a copy of a police report, shall not apply.
(c) A duplicate county decal when the original has been lost, defaced, or destroyed may be obtained from the commissioner at no cost. A replacement license plate or revalidation decal when the original has been lost in the mail prior to receipt by the registered owner shall be issued by the commissioner without charge upon application and completion of the form and affidavit prescribed by the commissioner setting forth the circumstances of nonreceipt of the license plate or decal. The owner shall report the nonreceipt or loss of the license plate or decal to the appropriate law enforcement agency or official, including, but not limited to, a municipal or county police department or officer, the county sheriff, or the Department of Public Safety. Said owner shall obtain a copy of the police report on which the license plate or decal number is listed and shall submit such copy to the Motor Vehicle Division of the Department of Revenue commissioner. The owner shall not be charged a fee by the Department of Public Safety or the local law enforcement agency or official for a copy of such police report.
(d) The commissioner is authorized to establish procedures and promulgate rules and regulations for carrying out this Code section."
SECTION 3-10.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-2-60.1, relating to special license plates, and inserting in its place a new subsection to read as follows:

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"(b) The commissioner of revenue is authorized to adopt rules and regulations for the issuance of special license plates for groups of individuals and vehicles. Such rules and regulations shall provide that no such special license plate shall be issued except upon the application of at least 500 persons. The rules and regulations shall provide for the manner of such applications. The rules and regulations shall provide that upon receipt of the requisite number of applications, a special license plate may be issued as provided in this Code section. The rules and regulations may provide for exceptions whereby a special plate will not be issued if the issuance of the plate would adversely affect public safety. The rules and regulations shall provide for the design and manufacture of such special license plates and shall provide that such plates shall be readily recognizable as Georgia license plates through the adoption of a standard design containing a smaller space for the insertion of an appropriate logo or graphic identifying the special nature of the license plate. Subject to the foregoing provisions of this subsection, the design of each special license plate shall be in the discretion of the state revenue commissioner."
SECTION 3-11.
Said Title 40 is further amended by striking Code Section 40-2-70, relating to special plates for certain disabled veterans, and inserting in its place a new Code section to read as follows:
"40-2-70.
Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate shall be transferred to another vehicle acquired by such veteran or jointly by such veteran and his or her spouse as provided in Code Section 40-280. Such veteran shall be entitled to such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the Department of Revenue commissioner of motor vehicle safety indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section."
SECTION 3-12.
Said Title 40 is further amended by striking subsection (f) of Code Section 40-2-76, relating to special plates for alternative fuel vehicles, and inserting in its place a new subsection to read as follows:
"(f) Reserved. Notwithstanding the provisions of Code Section 40-2-131, the funds derived from the additional $25.00 annual registration fee provided by this Code section shall be transmitted from the commissioner of revenue to the treasurer of the Department of Transportation to be used to defray the expense of enforcing the designated travel lanes and to be used for highway maintenance purposes in addition to any sums appropriated therefor to the department."
SECTION 3-13.
Said Title 40 is further amended by striking Code Section 40-2-82, relating to plates for state troopers, and inserting in its place a new Code section to read as follows:
"40-2-82.

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The commissioner of public safety shall be issued distinctive license plates to be used on motor vehicles assigned to the Department of Public Safety and operated by troopers of the Georgia State Patrol. The distinctive plates shall be issued free of charge in accordance with procedures agreed upon by the commissioner of public safety and the commissioner of revenue motor vehicle safety. License plates issued pursuant to this Code section need not contain a place for the county name decal and no county name decal need be affixed to a license plate issued pursuant to this Code section."
SECTION 3-14.
Said Title 40 is further amended by striking paragraph (9) of Code Section 40-2-87, relating to definitions applicable to certain reciprocal agreements, and inserting in its place a new paragraph to read as follows:
"(9) 'Commissioner' means the jurisdiction official in charge of registration of vehicles and means, for the State of Georgia, the commissioner of revenue motor vehicle safety."
SECTION 3-15.
Said Title 40 is further amended by striking subsections (a) and (f) of Code Section 40-2-88, relating to agreements for apportionment of commercial vehicles, and inserting in their respective places new subsections to read as follows:
"(a) In addition to and regardless of the provisions of Article 3 of this chapter or any other provisions of law relating to the operation of motor vehicles over the public highways of this state, the Department of Revenue commissioner is authorized to enter into reciprocal agreements or plans on behalf of the State of Georgia with the appropriate authorities of any of the states of the United States, the District of Columbia, a state or province of any foreign country, or a territory or possession of the United States or any foreign country providing for the registration of commercial vehicles on an apportionment basis and may, in the exercise of this authority, enter and become a member of the International Registration Plan developed by the American Association of Motor Vehicle Administrators. Any such reciprocal agreement or plan may provide for but shall not be limited to the following provisions: (1) full reciprocity in accordance with such agreement or plan for commercial vehicles not based in Georgia, which vehicles are operated in interstate commerce or a combination of interstate and intrastate commerce and are of specified types or weights, inexchange for equivalent reciprocity for Georgia based commercial vehicles; (2) reciprocal exchange of audits of records of the owners of such commercial vehicles by the states participating in any such agreement or plan; and (3) any other matters which would facilitate the administration of such agreement or plan, including exchange of information for audits enforcement activities and collection and disbursement of proportional registration fees for other jurisdictions in the case of Georgia based commercial vehicles."
"(f) Each motor carrier registered under the International Registration Plan shall maintain and keep, for the current year and the three preceding years, such pertinent records and papers as may be required by the Department of Revenue commissioner for the reasonable administration of this chapter. If a registrant fails to make records available to the commissioner upon proper request or if any registrant fails to maintain records from which its true liability may be determined, the department commissioner may, 30 days after written demand for production of or access to the records or notification of insufficient records, impose an assessment of liability based on the commissioner's estimate of the true liability of such registrant as determined from information furnished by the registrant, information gathered by the commissioner at his or her own instance, information available to the commissioner concerning operations by similar registrants, and such other pertinent information as may be available to the commissioner."
SECTION 3-16.
Said Title 40 is further amended by striking paragraph (2) of subsection (c) of Code Section 40-2-130, relating to registration records, and inserting in its place a new paragraph to read as follows:
"(2) The owner of the vehicle. When the title or registration records of the Motor Vehicle Division of the Department of Revenue maintained by the commissioner have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information;".

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SECTION 3-17.
Said Title 40 is further amended by striking Code Section 40-2-134, relating to special agents and enforcement officers, and inserting in its place a new Code section to read as follows:
"40-2-134.
Persons Certified law enforcement officers appointed by the commissioner as special agents or enforcement officers of the Department of Revenue are authorized to enforce the laws of this state relating to the licensing and registration of motor vehicles and are endowed with all the powers of a police officer of this state when engaged in the enforcement of said laws."
SECTION 3-18.
Said Title 40 is further amended by striking Code Section 40-2-136, relating to surrender of plates of habitual violators, and inserting in its place a new Code section to read as follows:
"40-2-136.
(a) If a person is convicted of violating Code Section 40-6-391 and the person's driver's license is suspended or revoked pursuant to Code Section 40-5-58, the court shall issue an order requiring that the license plate of the motor vehicle which such person was operating at the time of violating Code Section 40-6-391 be surrendered to the court, provided that such motor vehicle is registered in such person's name. In the event a person was operating a motor vehicle not registered in such person's name at the time of violating Code Section 40-6-391, the court shall issue an order requiring that the license plate of any motor vehicle registered in such person's name be surrendered to the court. The court shall notify the commissioner of public safety and the commissioner of revenue within ten days after issuing any such order. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt.
(b) Except as provided in subsection (c) of this Code section, no new license plate or plates may be issued to a person subject to a court order issued pursuant to subsection (a) of this Code section until the driver's license of such person has been reissued or reinstated, and, except as provided in subsection (c) of this Code section, it shall be a misdemeanor for such person to obtain a new license plate or plates.
(c)(1) A person who is subject to a court order issued pursuant to subsection (a) of this Code section may apply to the commissioner of public safety for authorization to obtain a new license plate or plates bearing a special series of numbers and letters so as to be identifiable by law enforcement officers. Such license plate shall not, in and of itself, constitute probable cause to authorize a traffic stop, search of a motor vehicle, or seizure. The commissioner of public safety shall determine whether the applicant has a valid limited driving permit or probationary license or whether there is another member of such person's household who possesses a valid driver's license, and in no event shall such determination take more than five business days. A local tag agent shall not issue any plates except on written approval of the commissioner of public safety, payment of a $20.00 fee for each vehicle for which a special plate is issued, and compliance by the applicant with all applicable state laws. The written authorization from the commissioner of public safety shall specify the maximum number of license plates a person may obtain.
(2) A motor vehicle owned or leased by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued subject to paragraph (1) of this subsection may not be sold or conveyed unless the commissioner of revenue determines, upon receipt of proper application, that the proposed sale or conveyance is in good faith, that the person subject to such court order will be deprived of custody or control of the motor vehicle, and that the sale or conveyance is not for the purpose of circumventing the provisions of this Code section. Upon making such determination, the commissioner of revenue shall transfer the certificate of title to such vehicle and issue a new certificate of registration and license plate.
(3) If the title to a motor vehicle owned by a person subject to a court order issued pursuant to subsection (a) of this Code section or for which a license plate has been issued pursuant to paragraph (1) of this subsection is transferred

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by the foreclosure, cancellation of a conditional sales contract, sale upon execution, or order of a court of competent jurisdiction, the commissioner of revenue shall transfer the certificate of title as provided in Code Section 40-3-34 and issue a new license plate to the new registered owner.
(4) Upon full restoration of the driving privileges of a person subject to a court order under subsection (a) of this Code section, the commissioner of public safety shall authorize the person to apply for a regular issue license plate. The fee for a regular issue license plate shall be as provided by Code Section 48-10-2. As a condition of obtaining any regular issue license plate, the person shall surrender his or her special issue license plate to the local tag agent.
(5) Nothing in this Code section shall be deemed to waive any lawful requirement for the issuance of a license plate including, but not limited to, proof of financial responsibility.
(6) Display of a license plate issued pursuant to paragraph (1) of this subsection shall not constitute probable cause for stopping or detaining a vehicle.
(7) Any person aggrieved by a decision of the commissioner of public safety pursuant to paragraph (1) of this subsection may make a request in writing to the Office of State Administrative Hearings for a hearing. Such hearing shall follow the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
PART IV
SECTION 4-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking paragraph (2) of Code Section 40-3-2, relating to definitions applicable to certificates of title, and inserting new paragraphs (2) and (2.1) to read as follows:
"(2) 'Commissioner' means the state revenue commissioner of motor vehicle safety.
(2.1) 'Department' means the Department of Motor Vehicle Safety."
SECTION 4-2.
Said Title 40 is further amended by striking subparagraph (B) of paragraph (14) of Code Section 40-3-4, relating to exclusions from title requirements, and inserting in its place a new subparagraph to read as follows:
"(B) The owner of any vehicle which has a valid certificate of title and which becomes subject to the exclusion provided in subparagraph (A) of this paragraph may retain the certificate of title. Each subsequent transferee of any vehicle covered by subparagraph (A) of this paragraph, for which the certificate of title has been retained, may obtain a certificate of title by complying with Code Section 40-3-32. However, the failure of any subsequent transferee to comply with Code Section 40-3-32 shall preclude transferees subsequent to that transferee from obtaining a certificate of title. The Department of Revenue department shall maintain such records as may be necessary to allow owners to obtain a certificate of title under this subparagraph. No certificate of title authorized to be issued under this subparagraph shall be issued under Code Section 40-3-28."
SECTION 4-3.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-3-6, relating to hearings, and inserting in its place a new subsection to read as follows:
"(a) A person aggrieved by an act or omission to act of the Department of Revenue department under this chapter is entitled, upon request, to a hearing. The commissioner shall establish a board to hear complaints of persons aggrieved by an act or omission to act of the commissioner or any employee of the Department of Revenue department pertaining to the administration of this chapter. The procedure established in this chapter for the handling of complaints and grievances shall be exclusive and these procedures shall apply to all such complaints and

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grievances. The commissioner shall promulgate rules and regulations governing the membership of the board and the organization thereof."
SECTION 4-4.
Said Title 40 is further amended by striking paragraph (2) of subsection (d) of Code Section 40-3-23, relating to title records, and inserting in its place a new paragraph to read as follows:
"(2) The owner of the vehicle. When the title or registration records of the Motor Vehicle Division of the Department of Revenue department have not been changed to reflect a new owner of the vehicle, proof of proprietary interest must be submitted prior to release of the information;".
SECTION 4-5.
Said Title 40 is further amended by striking paragraph (2) of subsection (a) of Code Section 40-3-26, relating to delivery and disposition of titles, and inserting in its place a new paragraph to read as follows:
"(2) The commissioner may enter into agreements with any such security interest holder or lienholder to provide a means of delivery by secure electronic measures of a notice of the recording of such security interest or lien. Such security interest or lien shall remain on the official records of the Motor Vehicle Division of the Department of Revenue department until such time as the security interest or lien is released by secure electronic measures or affidavit of lien or security interest release; after which release, or at the request of the lienholder or security interest holder, the certificate of title may be printed and mailed or delivered to the next lienholder or security interest holder or as otherwise provided by paragraph (1) of this subsection without payment of any fee provided by Code Section 40-3-38."
SECTION 4-6.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-3-30, relating to compliance with safety standards, and inserting in its place a new subsection to read as follows:
"(a) In addition to the reasons set forth in Code Section 40-3-29, no application shall be accepted and no certificate of title shall be issued to any motor vehicle which was not manufactured to comply with federal safety standards applicable to new motor vehicles as required by 15 U.S.C.A. Section 1381 through Section 1431, known as the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless and until the United States Customs Service or the United States Department of Transportation has certified that the motor vehicle complies with such applicable federal standards and unless all documents required by the Department of Revenue commissioner for processing an application for a certificate of registration or title are printed and filled out in the English language or are accompanied by an English translation."
SECTION 4-7.
Said Title 40 is further amended by striking subparagraph (a)(2)(D) of Code Section 40-3-36, relating to salvage vehicles, and inserting in its place a new subparagraph to read as follows:
"(D) The Department of Revenue department shall give priority to the title submissions provided for in subparagraph (C) of this paragraph and shall issue a salvage certificate of title for such vehicles within seven days of receipt of such submissions by an insurance company."
SECTION 4-8.
Said Title 40 is further amended by striking Code Section 40-3-39, relating to compensation of tag agents, and inserting in its place a new Code section to read as follows:
"40-3-39.

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The commissioner is authorized to utilize the services of persons appointed as county tag agents under Code Section 40-2-23 and to allow such county tag agents to retain a fee therefor not in excess of 50_ for each application handled, such fee to be disposed of as other tag fees retained by him or her as tag agent are disposed of in his or her county. Any applicant for a title shall have the right to mail the application directly to the Department of Revenue department."
SECTION 4-9.
Said Title 40 is further amended by striking 40-3-42, relating to timely submission of applications, and inserting in its place a new Code section to read as follows:
"40-3-42.
In instances when an application for title is required to be submitted within a certain time period, proof of mailing within the designated period allowed for submission of the documents, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the application was timely submitted. Additionally, when the law provides for a penalty for the untimely submission of a title application, the responsibility for the collection of such penalty shall be that of the Department of Revenue department."
PART V
SECTION 5-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking paragraphs (2), (3), (5), and (7) of Code Section 40-5-1, relating to definitions applicable to drivers' licenses, and inserting in their respective places new paragraphs to read as follows:
"(2) 'Board' means the Board of Public Safety Reserved.
(3) 'Cancellation of driver's license' means the annulment or termination by formal action of the Department of Public Motor Vehicle Safety of a person's license because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation."
"(5) 'Commissioner' means the commissioner of public motor vehicle safety."
"(7) 'Department' means the Department of Public Motor Vehicle Safety."
SECTION 5-2.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-2, relating to drivers' license records, and inserting in its place a new subsection to read as follows:
"(a) The Department of Public Safety department shall maintain records regarding the drivers' licenses and permits issued by the department under this chapter. The drivers' records maintained by the department shall include:
(1) A record of every application for a license received by it and suitable indexes containing:
(A) All applications granted; and
(B) The name of every licensee whose license has been canceled, suspended, or revoked by the department and after each such name shall note the reasons for such action;
(2) Drivers' records received from other jurisdictions. Upon receipt of such driver's record, it shall become a part of such driver's record in this state and shall have the same force and effect as though entered on the driver's record in this state in the original instance; and

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(3) Records of all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-54, Code Section 40-6-10, driving on a suspended license in violation of Code Section 405-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-575, Chapter 9 of this title, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which such licensee has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest."
SECTION 5-3.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-4, relating to license regulations, and inserting in its place a new subsection to read as follows:
"(a) The board commissioner is authorized to implement any and all provisions of this chapter by the promulgation of necessary rules and regulations. An express grant of authority to the board commissioner in any Code section to promulgate regulations shall not be construed as excluding such authority in any other Code section."
SECTION 5-4.
Said Title 40 is further amended by striking paragraph (11) of subsection (a) of Code Section 40-5-21, relating to exemptions from licensure, and inserting in its place a new paragraph to read as follows:
"(11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the Department of Public Safety department in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act,' or when such driving instructor and vehicle are approved by the State Department of Education for a driver education program offered by a public high school, provided that the course is open only to students of such accredited school. As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the Department of Public Motor Vehicle Safety or Department of Education rules clearly identifying such vehicles as training cars belonging to a driving school or public high school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27."
SECTION 5-5.
Said Title 40 is further amended by striking paragraph (3) of subsection (a) of Code Section 40-5-22, relating to requirements for licensure, and inserting in its place a new paragraph to read as follows:
"(3) The State Board of Education and the Board of Public Safety commissioner of motor vehicle safety are authorized to promulgate rules and regulations to implement the provisions of this subsection."
SECTION 5-6.
Said Title 40 is further amended by striking Code Section 40-5-22.1, relating to reinstatement of certain license privileges, and inserting in its place a new Code section to read as follows:

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"40-5-22.1.
Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources or an assessment and intervention program approved by the juvenile court and pays a fee of $210.00 to the Department of Public Motor Vehicle Safety or $200.00 when such application is processed by mail. The court shall notify the Department of Public Motor Vehicle Safety of its order delaying the issuance of such child's license within 15 days of the date of such order. The Department of Public Motor Vehicle Safety shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section."
SECTION 5-7.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-5-23, relating to classes of licenses, and inserting in its place a new subsection to read as follows:
"(b) Subject to this chapter, the board commissioner shall establish by rules and regulations such qualifications, including but not limited to, training, experience, or educational prerequisites, as it he or she believes are necessary for the safe operation of the various types, sizes, or combinations of vehicles and shall appropriately examine each applicant to determine his or her qualification according to the type or general class of license applied for."
SECTION 5-8.
Said Title 40 is further amended by striking the introductory language of subsection (a) of Code Section 40-5-25, relating to license applications and fees, and inserting in its place new language to read as follows:
"Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the Department of Public Safety commissioner, not to exceed:".
SECTION 5-9.
Said Title 40 is further amended by striking subsection (c) of said Code Section 40-5-25 and inserting in its place a new subsection to read as follows:
"(c) Every such application shall state the full name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; and shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the department commissioner may require to determine the applicant's identity, competence, and eligibility. The department shall not issue a license until a complete examination of the applicant's record has been completed. The board commissioner may issue such rules and regulations as shall be necessary for the orderly processing of license applications."
SECTION 5-10.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-30, relating to restricted licenses, and inserting in its place a new subsection to read as follows:
"(a) Upon issuing a driver's license, the department shall have authority, whenever good cause appears, to impose restrictions suitable to the licensee's driving ability with respect to special mechanical control devices required on a

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motor vehicle which the licensee may operate or such other restrictions applicable to the licensee as the department may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. The board commissioner may promulgate such rules and regulations as are necessary to implement this Code section."
SECTION 5-11.
Said Title 40 is further amended by striking Code Section 40-5-32, relating to expiration and renewal of licenses, and inserting in its place a new Code section to read as follows:
"40-5-32.
(a) Every driver's license shall expire on the licensee's birthday in the fourth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and satisfactory completion of the examination required or authorized by subsection (b) of this Code section. Every holder of a veteran's or honorary license shall meet the requirements of subsection (b) of this Code section on or before his or her birthday every four years, beginning from the date on which the holder was last required to take an examination under former Ga. L. 1972, p. 1076, as amended by Ga. L. 1973, pp. 916, 917. The department may allow a veteran or honorary license holder to retain his or her expired veteran's or honorary license as a souvenir. The board commissioner shall issue such rules and regulations as are required to enforce this subsection.
(b) The department shall require every person applying for renewal of a driver's license to take and pass successfully such test of his or her eyesight as the department shall prescribe. At the time of the renewal, the department shall issue a pamphlet containing information pertaining to new traffic laws and to traffic laws most frequently violated. The board commissioner may issue such rules and regulations as are necessary to implement this subsection."
SECTION 5-12.
Said Title 40 is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-35, relating to medical qualifications, and inserting in their place new subsections to read as follows:
"(a) The Driver License Advisory Board appointed by the department shall define disorders characterized by lapses of consciousness or other mental or physical disabilities affecting the ability of a person to drive safely for the purpose of the reports required by this Code section, and the Board of Public Safety commissioner may use these definitions to promulgate regulations making such disorders and disabilities disqualifications, under certain conditions, for obtaining or keeping a driver's license for any class or classes of vehicles.
(b) All physicians licensed under Article 2 of Chapter 34 of Title 43 to diagnose and treat disorders and disabilities defined by the Board of Public Safety commissioner may report to the department the full name, date of birth, and address of any person with a disability which would render such person incapable of operating a motor vehicle safely.
(c) All other persons licensed under Chapter 30 of Title 43 to diagnose and treat disorders defined by the Board of Public Safety commissioner may report to the department the full name, date of birth, and address of any person with a disability which would render such person incapable of operating a motor vehicle safely."
SECTION 5-13.
Said Title 40 is further amended by striking subsections (a) and (b) of Code Section 40-5-36, relating to veterans', honorary, and distinctive licenses, and inserting in their place new subsections to read as follows:
"(a) Except as specifically provided in this chapter, no part of this chapter shall be interpreted as affecting the rights and privileges of a person holding a veteran's, honorary, or distinctive license, and nothing in this chapter shall be construed so as to authorize the department to impose any charge or fee of any type whatsoever for the issuance or renewal of a veteran's, honorary, or distinctive license; provided, however, that the board commissioner may issue regulations on types and classes of vehicles which may be operated by the holder of such license.

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(b) The board commissioner shall establish by rules and regulations the proof required to be produced by an applicant for a veteran's, honorary, or distinctive license. The contents of such license shall be the same as for any other license. The forms upon which such licenses are issued shall be such that the licenses are of a permanent nature, provided that nothing in this subsection shall authorize the department to require any person holding a veteran's or honorary license before January 1, 1976, to surrender such license. Veterans', honorary, and distinctive licenses shall not be subject to any fees."
SECTION 5-14.
Said Title 40 is further amended by striking Code Section 40-5-50, relating to license cancellation, and inserting in its place a new Code section to read as follows:
"40-5-50.
The department is authorized to cancel any driver's license or personal identification card issued by the Department of Public Safety department pursuant to Code Section 40-5-100 upon determining that the holder of such license or identification card was not entitled to the issuance thereof under this chapter or failed to give the required or correct information in the application for such license or identification card."
SECTION 5-15.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-53, relating to reports of convictions, and inserting in its place a new subsection to read as follows:
"(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, 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 the same to the Department of Public Safety department, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the Department of Public Safety department shall retain possession of any suspended drivers' licenses forwarded to it under this or any other provision of law if the license's expiration date, as shown on the driver's license, is one year or more away. The department shall return the driver's original license upon payment of the applicable reinstatement fee if such driver applies for and is granted reinstatement while the original license is in the possession of the department. No additional fee shall be required for the return of such original license. The department may destroy a suspended license if the license's expiration date, as shown on the license, is less than one year away."
SECTION 5-16.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-5-54, relating to mandatory license suspension, and inserting in its place a new subsection to read as follows:
"(b) All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms provided by the Department of Public Safety department of the suspension of the defendant's driver's license. The period of suspension shall be determined by the Department of Public Safety department for the term authorized by law. The court shall forward the notice of suspension and the defendant's driver's license to the Department of Public Safety department within ten days from the date of conviction. The Department of Public Safety department shall notify the defendant of the period of suspension at the address provided by the defendant."
SECTION 5-17.
Said Title 40 is further amended by striking subsection (e) of Code Section 40-5-54.1, relating to compliance with child support orders, and inserting in its place a new subsection to read as follows:
"(e) A person whose driver's license has been suspended pursuant to this Code section may apply to the Department of Public Safety department for a restricted driving permit as provided in Code Section 40-5-71."

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SECTION 5-18.
Said Title 40 is further amended by striking subsection (c) of Code Section 40-5-56, relating to response to citations, and inserting in its place a new subsection to read as follows:
"(c) The suspension provided for in this Code section shall be for an indefinite period until such person shall respond and pay any fines and penalties imposed. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail to the Department of Public Safety department. Such suspension shall be in addition to any other suspension or revocation provided for in this chapter."
SECTION 5-19.
Said Title 40 is further amended by striking subparagraph (c)(1)(C) of Code Section 40-5-57, relating to license suspension, and inserting in its place a new subparagraph to read as follows:
"(C) A court may order a person to attend a driver improvement course for any violation for which points are assessed against a driver's license under this subsection or may accept the attendance by a person at a driver improvement clinic after the issuance of a citation for such offense and prior to such person's appearance before the court, in which event the court shall reduce the fine assessed against such person by 20 percent, and no points shall be assessed by the department against such driver. The disposition and court order shall be reported to the Department of Public Safety department and shall be placed on the motor vehicle record with a zero point count. This plea may be accepted by the court once every five years as measured from date of arrest to date of arrest."
SECTION 5-20.
Said Title 40 is further amended by striking subsection (d) of Code Section 40-5-57.1, relating to revocation of young drivers' licenses, and inserting in its place a new subsection to read as follows:
"(d) Any person whose driver's license is revoked under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not be issued a new driver's license without submitting proof of completion of a defensive driving program approved by the Department of Public Safety department and payment of a fee equivalent to that required for restoration of a suspended driver's license under paragraph (1) of subsection (a) of Code Section 40-5-63."
SECTION 5-21.
Said Title 40 is further amended by striking subsections (b) and (c) of Code Section 40-5-58, relating to habitual violators, and inserting in their place new subsections to read as follows:
"(b) When the records of the department disclose that any person has been arrested and convicted of a violation of Chapter 6 of this title, or of a valid local ordinance adopted pursuant thereto, of an offense occurring on or after January 1, 1976, which record of arrest and conviction, when taken with and added to previous arrests and convictions of such person as contained in the files of the department, reveals that such person is a habitual violator as defined in subsection (a) of this Code section, the department shall forthwith notify such person that upon the date of notification such person has been declared by the department to be a habitual violator, and that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. Notice shall be given by certified mail, with return receipt requested; or, in lieu thereof, notice may be given by personal service upon such person. In the event that at the time of determination the habitual violator had been issued a driver's license, such license shall be revoked by such notice and shall be surrendered to the department within ten days of notification of such determination. For the purposes of this chapter, notice given by certified mail with return receipt requested mailed to the person's last known address shall be prima-facie evidence that such person received the required notice. In addition to the procedure set forth in this subsection, the sentencing judge or prosecutor in a conviction which conviction classifies the defendant as a habitual violator may, at the time of sentencing, declare such defendant to be a habitual violator. The judge or prosecutor shall, when declaring a

Wednesday, March 22, 2000

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defendant to be a habitual violator, then give personal notice to such defendant on forms provided by the Department of Public Safety department that henceforth it shall be unlawful for such habitual violator to operate a motor vehicle in this state unless otherwise provided in this Code section. The judge or prosecutor, as the case may be, shall within three days forward to the Department of Public Safety department the order declaring that the defendant is a habitual violator, the notice of service, with the defendant's driver's license or a sworn affidavit of the defendant declaring that the driver's license has been lost, and the Department of Public Safety's department's copy of the uniform citation or the official notice of conviction attached thereto.
(c)(1) Except as provided in paragraph (2) of this subsection or in subsection (e) of this Code section, it shall be unlawful for any person to operate any motor vehicle in this state after such person has received notice that his or her driver's license has been revoked as provided in subsection (b) of this Code section, if such person has not thereafter obtained a valid driver's license. Any person declared to be a habitual violator and whose driver's license has been revoked under this Code section and who is thereafter convicted of operating a motor vehicle before the Department of Public Safety department has issued such person a driver's license or before the expiration of five years from such revocation, whichever occurs first, shall be punished by a fine of not less than $750.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both. Any person declared to be a habitual violator and whose driver's license has been revoked and who is convicted of operating a motor vehicle after the expiration of five years from such revocation but before the Department of Public Safety department has issued such person a driver's license shall be guilty of a misdemeanor.
(2) Any person declared to be a habitual violator as a result of three or more convictions of violations of Code Section 40-6-391 within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the most recent arrest for which a conviction was obtained, and who is thereafter convicted of operating a motor vehicle during such period of revocation, prior to the issuance of a probationary license under subsection (e) of this Code section or before the expiration of five years, shall be guilty of the felony of habitual impaired driving and shall be punished by a fine of not less than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both."
SECTION 5-22.
Said Title 40 is further amended by striking subparagraph (e)(1)(C) of said Code Section 40-5-58, and inserting in its place a new subparagraph to read as follows:
"(C) Such person has successfully completed, prior to the issuance of the probationary driver's license, a defensive driving course or a DUI Alcohol or Drug Use Risk Reduction Program as designated by the Department of Public Safety department;".
SECTION 5-23.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-61, relating to surrender and return of licenses, and inserting in its place a new subsection to read as follows:
"(a) The department, upon canceling, suspending, or revoking a license, shall require that such license shall be surrendered to the department and be processed in accordance with the rules and regulations of the Department of Public Safety department."
SECTION 5-24.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-63, relating to periods of suspension, and inserting in its place a new subsection to read as follows:
"(a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-67.2, shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 406-391 shall be governed by the suspension requirements of Code Section 40-5-75:

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(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 department for reinstatement of said driver's license. Such license shall be reinstated if 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 a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Motor Vehicle Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. 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 21 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 be considered a conviction, and 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 department 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 department for reinstatement of said driver's license. Such license shall be reinstated if 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 a restoration fee of $210.00 or $200.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the Department of Public Motor Vehicle Safety or a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee. 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, 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
(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 shall be considered a habitual violator, and said license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. 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 shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions."

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SECTION 5-25.
Said Title 40 is further amended by striking subsections (e) and (f) of said Code Section 40-5-63 and inserting in their place new subsections to read as follows:
"(e) The driver's license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the Department of Public Safety department for reinstatement of said driver's license. Such license shall be reinstated only if the person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended, provided that such person completes a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after sentencing.
(f) The driver's license of any person who is convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23 upon the first conviction shall be suspended for a period of six months and upon the second or subsequent conviction shall be suspended for a period of one year. At the end of the period of suspension, the person may apply to the Department of Public Safety department for reinstatement of his or her driver's license. Such license shall be reinstated upon payment of a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended."
SECTION 5-26.
Said Title 40 is further amended by striking Code Section 40-5-63.1, relating to substance abuse evaluation and treatment programs, and inserting in its place a new Code section to read as follows:
"40-5-63.1.
In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-558, 40-5-62, or 40-5-63, any person with two or more convictions of violation of Code Section 40-6-391 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 required to undergo a clinical evaluation and, if indicated by such evaluation, must complete a substance abuse treatment program, provided that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program must be submitted to the Department of Public Safety department prior to license reinstatement, issuance, or restoration. Any person who is otherwise eligible for license reinstatement at the end of 120 days under paragraph (2) of subsection (a) of Code Section 40-5-63 and who has enrolled in but not completed a substance abuse treatment program may, at the end of such 120 day period, apply for a limited driving permit. Proof of such enrollment must be submitted with the application for a limited driving permit. For purposes of this Code section, 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."
SECTION 5-27.
Said Title 40 is further amended by striking subsection (i) of Code Section 40-5-64, relating to limited driving permits, and inserting in its place a new subsection to read as follows:
"(i) Rules and regulations. The board commissioner may promulgate such rules and regulations as are necessary to implement this Code section."
SECTION 5-28.

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Said Title 40 is further amended by striking Code Section 40-5-67, relating to seizure of licenses in certain circumstances, and inserting in its place a new Code section to read as follows:
"40-5-67.
(a) 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 department. 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.
(b) At the time the law enforcement officer takes the driver's license, the officer shall issue a temporary driving permit to the person as follows:
(1) If the driver refuses to submit to a test or tests to determine the presence of alcohol or drugs as required in Code Section 40-5-55, the officer shall issue a 30 day temporary driving permit;
(2) If the driver's license is required to be suspended under Code Section 40-5-67.1, the officer shall issue a 30 day temporary driving permit; or
(3) If the test or tests administered pursuant to Code Section 40-5-55 indicate an alcohol concentration in violation of Code Section 40-6-391 but less than the level for an administrative suspension of the license under subsection (c) of Code Section 40-5-67.1, the officer shall issue a 180 day temporary driving permit.
This temporary driving permit shall be valid for the stated period or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety department, 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.
(c)(1) If the person is convicted of violating or enters a plea of nolo contendere to a charge 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 disposition of the case to the Department of Public Safety department. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection (b) of this Code section.
(2) If the person is not convicted of violating and does not enter a plea of nolo contendere to a charge of violating Code Section 40-6-391, and the court is in possession of the driver's license, the court shall return the driver's license to the person unless the license is in suspension for any other offense, in which case the court shall forward the license to the Department of Public Safety department for disposition."
SECTION 5-29.
Said Title 40 is further amended by striking subsection (d) of Code Section 40-5-67.1, relating to implied consent testing, and inserting in its place a new subsection to read as follows:
"(d) If a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the Department of Public Safety department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had 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 or that such person had been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state and was involved in a traffic accident which resulted in serious injuries or fatalities and that the person had refused to submit to the

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test upon the request of the law enforcement officer, the department shall suspend the person's driver's license, permit, or nonresident operating privilege for a period of one year or if the person was operating or in actual physical control of a commercial motor vehicle, the department shall disqualify the person from operating a commercial motor vehicle and shall suspend the person's driver's license, permit, or nonresident operating privilege, subject to review as provided for in this chapter."
SECTION 5-30.
Said Title 40 is further amended by striking paragraph (1) of subsection (f) of said Code Section 40-5-67.1 and inserting in its place a new paragraph to read as follows:
"(1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The law enforcement officer shall take possession of any driver's license or permit held by any person whose license is subject to suspension pursuant to subsection (c) or (d) of this Code section, if any, and shall issue a 30 day temporary permit. The officer shall forward the person's driver's license to the department along with the notice of intent to suspend or disqualify and the sworn report required by subsection (c) or (d) of this Code section within ten calendar days after the date of the arrest of such person. This paragraph shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5-67. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the Department of Public Safety department from accepting such report and utilizing it in the suspension of a driver's license as provided in this Code section."
SECTION 5-31.
Said Title 40 is further amended by striking paragraph (4) of subsection (g) of said Code Section 40-5-67.1 and inserting in its place a new paragraph to read as follows:
"(4) In the event the person is acquitted of a violation of Code Section 40-6-391 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driver's license record. An accepted plea of nolo contendere shall be entered on the driver's license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-391. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the driver's license restoration fee shall be promptly returned by the Department of Public Safety department to the licensee."
SECTION 5-32.
Said Title 40 is further amended by striking the introductory language of subsection (i) of said Code Section 40-567.1 and inserting in its place new language to read as follows:
"Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by subsection (g) of this Code section for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the amount of $20.00 for each day's attendance at such hearing. In the event a law enforcement officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings. The compensation provided for in this subsection shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the officer attends any such hearing. The compensation provided for by this subsection shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the Board of Public Safety commissioner shall provide by rules or regulations of said board. The Board of Public Safety commissioner shall also require verification of a law enforcement officer's qualifying to receive the payment authorized by this subsection by requiring the completion of an appropriate document in substantially the following form:".
SECTION 5-33.

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Said Title 40 is further amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 40-5-67.2, relating to licensing suspensions involving implied consent testing, and inserting in their place new paragraphs to read as follows:
"(1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the Department of Public Safety department for reinstatement of his or her driver's license. Such license shall be reinstated if 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 a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 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.
(2) Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the Department of Public Safety department for reinstatement of the person's driver's license. Such license shall be reinstated if 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 a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 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."
SECTION 5-34.
Said Title 40 is further amended by striking Code Section 40-5-69, relating to effect of physical surrender of suspended license, and inserting in its place a new Code Section to read as follows:
"40-5-69.
If a person's driver's license is suspended by operation of law as provided in Code Section 40-5-63, 40-5-67.1, or 405-67.2, the fact that the person's driver's license was not physically surrendered to the law enforcement officer at the time the person was charged with violating Code Section 40-6-391 or that the person's driver's license was not retained by the court and forwarded to the Department of Public Safety department as provided in Code Section 405-67 or that the person's driver's license was not forwarded as provided in Code Section 40-5-72 shall not affect such suspension."
SECTION 5-35.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-71, relating to cancellation of insurance, and inserting in its place a new subsection to read as follows:
"(a)(1) In cases in which the minimum motor vehicle insurance required by Chapter 34 of Title 33 is canceled within 180 days of the effective date of the policy of insurance, the insurer, within 15 days after the date on which the policy cannot be reinstated to maintain coverage continuously in force, shall notify the Department of Public Safety department in the form specified by the department of such cancellation and the reason for such cancellation. For the purposes of aiding in the enforcement of the requirement of minimum motor vehicle insurance, insurers shall furnish any insurance coverage information deemed necessary by the department or other appropriate law enforcement agencies. The commissioner of public motor vehicle safety shall notify the Commissioner of Insurance quarterly of any and all notices of cancellation sent to the Department of Public Motor Vehicle Safety by any insurer in violation of the regulation of the Department of Public Motor Vehicle 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

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Insurance is authorized by law to impose. No insurer shall utilize the costs of any audit or examination conducted by the Insurance Department pursuant to this paragraph as a cost of business in the insurer's rate base.
(2) The Department of Public Motor Vehicle 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 Motor Vehicle Safety required by paragraph (1) of this subsection shall not invalidate an otherwise valid cancellation."
SECTION 5-36.
Said Title 40 is further amended by striking subsection (d) of said Code Section 40-5-71 and inserting in its place a new subsection to read as follows:
"(d) A person whose driver's license has been suspended pursuant to Code Section 40-5-70, 40-5-54.1, or this Code section or as a result of a conviction under Code Section 40-6-10 may apply to the Department of Public Safety department for a restricted driving permit as provided in this Code section. A person whose driver's license was surrendered may apply to the department for a restricted driving permit immediately following the conviction or suspension."
SECTION 5-37.
Said Title 40 is further amended by striking subparagraph (f)(2)(F) of said Code Section 40-5-71 and inserting in its place a new subparagraph to read as follows:
"(F) Such other conditions as the Department of Public Safety department may require."
SECTION 5-38.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-5-72, relating to surrender of suspended licenses, and inserting in its place a new subsection to read as follows:
"(b) If such driver's license and, where applicable, license tag and tag registration are not received by the department within ten days following the effective date of suspension, the commissioner of public safety shall immediately direct any member of the Georgia State Patrol or any peace officer to secure possession of the driver's license and, where applicable, license tag and tag registration and return the same to the department. The person whose driver's license and, where applicable, license tag and tag registration have been suspended shall surrender such items to any member of the Georgia State Patrol or any peace officer upon demand."
SECTION 5-39.
Said Title 40 is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-75, relating to license suspension for certain drug and alcohol violations, and inserting in their place new subsections to read as follows:
"(a) The driver's license of any person convicted of possession, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such a substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-1330, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions:
(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

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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 180 days. At the end of 180 days, the person may apply to the Department of Public Safety department for reinstatement of his or her driver's license. Such license shall be reinstated only if the person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays to the Department of Public Motor Vehicle Safety a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of any drug related offense listed in this subsection 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 department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and paying to the Department of Public Motor Vehicle Safety a restoration fee of $210.00 or $200.00 when such reinstatement 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 department 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 department;
(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 or her place of employment or performing the normal duties of his or her occupation;
(ii) Receiving scheduled medical care or obtaining prescription drugs;
(iii) Attending a college or school at which he or she is regularly enrolled as a student; or
(iv) Attending regularly scheduled sessions or meetings of support organizations 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, distribution, manufacture, cultivation, sale, transfer of, the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-1330, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction, 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 department 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

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suspension; provided, however, that, effective July 1, 1994, if, at the time of conviction of any offense listed in subsection (a) of this Code section, the person does not have a driver's license or the person's driver's license has been previously suspended, the periods of suspension specified by this Code section shall not commence until the person applies 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. 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 a 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 defendant shall submit evidence of such completion to the Department of Public Safety department. The judge shall also notify the defendant that, if he or she fails to complete such program by the date specified in the court's order, his or her 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 department.
(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 title 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 department."
SECTION 5-40.
Said Title 40 is further amended by striking Code Section 40-5-80, relating to purposes of the "Georgia Driver Improvement Act," and inserting in its place a new Code section to read as follows:
"40-5-80.
The purpose of this article, the 'Georgia Driver Improvement Act,' is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Public Motor Vehicle Safety and the Department of Human Resources, as applicable, 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 commissioner of motor vehicle safety and shall, as best as the board commissioner shall determine, approximate the expense incurred by the Department of Public Motor Vehicle 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 motor vehicle safety and DUI Alcohol or Drug Use Risk Reduction Programs established by the Department of Human Resources, as provided in subsections (a) and (e) of Code Section 40-5-83, respectively, that every driver improvement clinic and DUI Alcohol or Drug Use Risk Reduction Program 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 Motor Vehicle Safety or the Department of Human Resources, as applicable, 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 commissioner of motor vehicle safety or the Board of Human Resources, as applicable; 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 or program shall be deemed suspended by operation of law until a valid surety company bond is again in force."
SECTION 5-41.

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Said Title 40 is further amended by striking subsection (c) of Code Section 40-5-81, relating to optional program nature, and inserting in its place a new subsection to read as follows:
"(c) It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the Department of Public Motor Vehicle Safety or the Department of Human Resources to directly or indirectly solicit business by personal solicitation on public property, by phone or mail. A violation of this subsection shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone directories by a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall not be considered a violation of this subsection."
SECTION 5-42.
Said Title 40 is further amended by striking subsections (a) and (d) of Code Section 40-5-82, relating to administration of the driver improvement program, and inserting in their respective places new subsections to read as follows:
"(a) The Driver Improvement Program created by this article shall be administered by the commissioner of public motor vehicle safety. The Board of Public Safety commissioner is authorized to promulgate and adopt rules and regulations necessary to carry out this article."
"(d) All DUI Alcohol or Drug Use Risk Reduction Program records including, but not limited to, assessment results and other components attended shall be confidential and shall not be released without the written consent of the DUI offender, except that such records shall be made available to the Department of Human Resources and the Department of Public Motor Vehicle Safety."
SECTION 5-43.
Said Title 40 is further amended by striking subsections (a), (b), and (c) of Code Section 40-5-83, relating to clinics and programs, and inserting in their place new subsections to read as follows:
"(a)(1) The commissioner of public motor vehicle safety shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof. Clinics shall be composed of uniform education and training programs designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, duration of courses, qualifications of instructors, fees, attendance requirements for students, and examinations. Approved clinics may charge a fee of not more than $60.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit of the books, records, and financial statements of such clinic. Clinics may be operated by any individual, partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college.
(2) The commissioner may issue a special license to the instructor of any commercial driver training school authorizing such instructor to teach a defensive driving course, advanced defensive driving course, or professional defensive driving course of a driver improvement clinic provided pursuant to this Code section if such instructor is qualified to teach a teen-age driver education course which consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training and such instructor certifies to the commissioner that he or she has provided at least 250 hours of behind-the-wheel training in a teen-age driver education course.
(b)(1) The commissioner of public safety shall be authorized to accept certificates of completion from all defensive driving, driving under the influence, and alcohol and drug programs, clinics, and courses approved by any other state, the District of Columbia, and territories and possessions of the United States, including military reservations, whereby driver improvement clinics, programs, and courses shall be approved for use by residents of this state, other states, the District of Columbia, and territories and possessions of the United States.

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(2) Driver improvement clinics, programs, and courses outside of the State of Georgia shall not be required to comply with the provisions of subsection (a) of this Code section.
(c) The commissioner of public safety shall be authorized to issue a special license to the instructor of any driver improvement clinic who is qualified to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142. A driver improvement clinic shall offer such alcohol and drug course only through a qualified instructor and shall not charge a fee for such course of more than $25.00. The commissioner shall be authorized to issue a special license to the instructor of any commercial driver training school to teach the alcohol and drug course prescribed in subsection (b) of Code Section 20-2-142 who is qualified to teach a teen-age driver education course, which course consists of a minimum of 30 hours of classroom and six hours of behind-the-wheel training. The alcohol and drug program may be included in the 30 hours of classroom training as part of a curriculum approved by the department. Any fee authorized by law for such a drug and alcohol course may be included in the tuition charge for a teen-age driver education course."
SECTION 5-44.
Said Title 40 is further amended by striking Code Section 40-5-88, relating to administrative penalties, and inserting in its place a new Code section to read as follows:
"40-5-88.
As an alternative to criminal or other civil enforcements enforcement, the commissioner of public motor vehicle safety or the commissioner of human resources, whichever is applicable, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever that commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of either the commissioner of public motor vehicle safety or the commissioner of human resources shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of public motor vehicle safety or the commissioner of human resources, as appropriate, may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of such commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article."
SECTION 5-45.
Said Title 40 is further amended by striking the introductory language of subsection (a) of Code Section 40-5-100, relating to issuance of identification cards, and inserting in its place new language to read as follows:
"The Department of Public Safety department shall issue personal identification cards to all residents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety commissioner. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and may contain a recent color photograph of the applicant and include the following information:".
SECTION 5-46.

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Said Title 40 is further amended by striking subsection (b) of said Code Section 40-5-100, and inserting in its place a new subsection to read as follows:
"(b) The identification card shall be valid for four years and shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall not be the same as the social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."
SECTION 5-47.
Said Title 40 is further amended by striking Code Section 40-5-101, relating to rules and regulations, and inserting in its place a new Code section to read as follows:
"40-5-101.
The Board of Public Safety commissioner shall promulgate rules and regulations under which this article shall be implemented and administered."
SECTION 5-48.
Said Title 40 is further amended by striking subsection (b) of Code Section 40-5-103, relating to fees for identification cards, and inserting in its place a new subsection to read as follows:
"(b) The department shall collect a fee of $5.00 for the identification card for all persons who are referred by a nonprofit organization which organization has entered into an agreement with the Department of Public Safety department whereby such organization verifies that the individual applying for such identification card is indigent. The department shall enter into such agreements and shall adopt rules and regulations to govern such agreements."
SECTION 5-49.
Said Title 40 is further amended by striking paragraph (1) of subsection (b) of Code Section 40-5-121, relating to driving with a suspended or revoked license, and inserting in its place a new paragraph to read as follows:
"(1) The charge of driving with a suspended or disqualified license shall not be made where the suspension is a result of a failure to respond under Code Section 40-5-56 or an insurance cancellation unless the arresting officer has verified a service date and such date is placed on the Uniform Citation uniform citation. If the suspension or disqualification is verified and the driver possesses a driver's license, the license shall be confiscated and mailed to the Department of Public Safety department. If the suspension or disqualification is not verified, the arresting officer shall serve the driver and attach the driver's license, if available, to the copy of service and send it to the Department of Public Safety department."
SECTION 5-50.
Said Title 40 is further amended by striking Code Section 40-5-125, relating to crimes of falsification, and inserting in its place a new Code section to read as follows:
"40-5-125.
It is a misdemeanor for any person to:
(1) Display, cause or permit to be displayed, or have in his or her possession any fictitious, fraudulent, or altered driver's license or identification card;

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(2) Use a false or fictitious name or provide any other false information in any application for a driver's license or identification card;
(3) Procure, secure, or assist another person in the procuring or securing of a fraudulent driver's license or identification card;
(4) Alter any driver's license or identification card such that the information on the license is false or fictitious;
(5) Sell or deliver any false, fictitious, or altered driver's license or identification card;
(6) Lend his or her driver's license or identification card to any other person or permit knowingly the use thereof by another person;
(7) Display or represent as his or her own any driver's license or identification card not issued to him or her; or
(8) Conceal a material fact in any application for a driver's license or identification card.
Any employee of the Department of Public Safety department who knowingly violates and is convicted of violating this Code section shall also be guilty of the offense of violating his or her public position and, upon conviction, shall be punished as for such separate and additional violation."
SECTION 5-51.
Said Title 40 is further amended by striking paragraph (7) of Code Section 40-5-142, relating to definitions applicable to commercial drivers' licenses, and inserting in its place a new paragraph to read as follows:
"(7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation;
(B) If the vehicle is designed to transport 16 or more passengers, including the driver; or
(C) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.F.R. Part 172, subpart F;
provided, however, that for the purposes of this article, no agricultural vehicle, military vehicle operated by military personnel, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial vehicle. As used in this paragraph, the term 'agricultural vehicle' means a farm vehicle which is controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and operated within 150 miles of such person's farm; which vehicle is not used in the operations of a common or contract carrier. Any other waiver by the Federal Highway Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, of the United States Department of Transportation shall supersede state law in authorizing the Department of Public Safety Department of Motor Vehicle Safety to exempt said classes."
SECTION 5-52.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-144, relating to notices required of commercial drivers, and inserting in its place a new subsection to read as follows:
"(a) Any driver of a commercial motor vehicle holding a license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in any other state or any federal, provincial, territorial, or municipal laws of Canada relating to motor vehicle traffic control, other than parking violations, shall notify the Department of Public Safety department in the manner specified by the department within 30 days of the

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date of conviction. If the court notifies the department of such conviction, the responsibility of the driver to notify the department shall be waived."
SECTION 5-53.
Said Title 40 is further amended by striking subsections (a) and (b) of Code Section 40-5-147, relating to requirements for issuance of licenses and permits, and inserting in their place new subsections to read as follows:
"(a)(1) Except as provided in Code Section 40-5-148, no person may be issued a commercial driver's license unless that person is a resident of this state, is at least 18 years of age, has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulations enumerated in 49 C.F.R. Part 383, subparts G and H, and has satisfied all other requirements of the Commercial Motor Vehicle Safety Act of 1986, Title XII of Public Law 99-570, in addition to any other requirements imposed by state law or federal regulation. The tests shall be prescribed and conducted by the Department of Public Safety department in English only.
(2) The Department of Public Safety department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution or a department, agency, or instrumentality of a local government, to administer the skills test specified by this Code section, provided that:
(A) The test is the same which would otherwise be administered by the state;
(B) The third party has entered into an agreement with the state which complies with the requirements set forth in 49 C.F.R. Part 383.75; and
(C) The third party complies with all other requirements set by the Department of Public Safety department by regulations.
(b) The Department of Public Safety department may waive the skills test specified in this Code section for a commercial driver's license applicant who meets the requirements of 49 C.F.R. Part 383.77."
SECTION 5-54.
Said Title 40 is further amended by striking Code Section 40-5-148, relating to nonresident commercial drivers' licenses, and inserting in its place a new Code section to read as follows:
"40-5-148.
The Department of Public Safety department may issue a nonresident commercial driver's license to a resident of a foreign jurisdiction if the United States Secretary of Transportation has determined that the commercial motor vehicle testing and licensing standards of the foreign jurisdiction do not meet the testing standards established in 49 C.F.R. Part 383. The word 'nonresident' must appear on the face of the nonresident commercial driver's license. An applicant must surrender any nonresident commercial driver's license issued by another state. Prior to issuing a nonresident commercial driver's license, the department must establish the practical capability of revoking, suspending, and canceling the nonresident commercial driver's license and disqualifying that person from driving a commercial motor vehicle under the same conditions applicable to the commercial driver's license issued to a resident of this state."
SECTION 5-55.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-5-148.1, relating to restricted commercial licenses for agriculture, and inserting in its place a new subsection to read as follows:
"(a) Pursuant to a waiver of the United States Secretary of Transportation, issued April 17, 1992, the Department of Public Safety department is authorized to issue Class B or Class C restricted commercial drivers' licenses to certain

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persons employed in the agricultural industry. Such restricted licenses shall be issued annually but shall not be valid for more than a total of 180 days in a 12 month period."
SECTION 5-56.
Said Title 40 is further amended by striking paragraph (8) of subsection (a) of Code Section 40-5-149, relating to commercial drivers' license applications, and inserting in its place a new paragraph to read as follows:
"(8) Any other information required by the Department of Public Safety department; and".
SECTION 5-57.
Said Title 40 is further amended by striking paragraph (5) of subsection (a) of Code Section 40-5-150, relating to contents of commercial drivers' licenses, and inserting in its place a new paragraph to read as follows:
"(5) The person's social security number if such person has requested the use of such social security number on such license or another number or identifier deemed appropriate by the Department of Public Safety department;".
SECTION 5-58.
Said Title 40 is further amended by striking subsections (e) and (f) of said Code Section 40-5-150 and inserting in their place new subsections to read as follows:
"(e) Before issuing a commercial driver's license, the Department of Public Safety department shall obtain driving record information through the Commercial Driver License Information System, through the National Driver Register (NDR), and from each state in which the applicant has been licensed within the past five years.
(f) Within ten days after issuing a commercial driver's license, the Department of Public Safety department shall notify the Commercial Driver License Information System of that fact and provide all information required to ensure identification of the licensee."
SECTION 5-59.
Said Title 40 is further amended by striking subsections (d) through (h) of Code Section 40-5-151, relating to disqualification from commercial driving, and inserting in their place new subsections to read as follows:
"(d) The Department of Public Safety department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be reduced to a period of not less than ten years.
(e) Any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.
(f) Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations or 120 days if convicted of three serious traffic violations committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained.
(g)(1) Any person is disqualified from driving a commercial motor vehicle based on the following violations of outof-service orders:
(A) First violation - a driver who is convicted of a first violation of an out-of-service order is disqualified for a period of not less than 90 days and not more than one year;

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(B) Second violation - a driver who is convicted of two violations of out-of-service orders in separate incidents is disqualified for a period of not less than one year and not more than five years; and
(C) Third or subsequent violation - a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years.
(2) Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle, the operator of the commercial motor vehicle's employer, and a copy or notice of such out-of-service order shall be provided to the department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issuance of out-of-service orders and violations thereof shall be provided in rules and regulations promulgated by the commissioner or board.
(h) After suspending, revoking, or canceling a commercial driver's license, the Department of Public Safety department shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial driver's privileges, the Department of Public Safety department shall notify the licensing authority of the state which issued the commercial driver's license within ten days."
SECTION 5-60.
Said Title 40 is further amended by striking subsections (d) and (e) of Code Section 40-5-153, relating to implied consent for testing, and inserting in their place new subsections to read as follows:
"(d) If the person refuses testing, the law enforcement officer must submit an affidavit to the Department of Public Safety department within ten days of such refusal certifying that the test was requested pursuant to subsection (a) of this Code section and that the person refused to submit to testing.
(e) Upon receipt of the affidavit submitted by a law enforcement officer under subsection (d) of this Code section, the Department of Public Safety department must disqualify the driver from driving a commercial motor vehicle for a period of one year as provided under Code Section 40-5-151 and, if the driver refused testing, from operating a private motor vehicle as provided under Code Section 40-5-67.1. If the driver is in possession of a driver's license, the officer shall take possession of the license and attach it to the affidavit."
SECTION 5-61.
Said Title 40 is further amended by striking Code Section 40-5-154, relating to notice of conviction to licensing states, and inserting in its place a new Code section to read as follows:
"40-5-154.
Within ten days after receiving a report of the conviction of any nonresident holder of a commercial driver's license for any violation of state law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the Department of Public Safety department shall notify the licensing state of such conviction."
SECTION 5-62.
Said Title 40 is further amended by striking Code Section 40-5-155, relating to access to commercial drivers' license information, and inserting in its place a new Code section to read as follows:
"40-5-155.
Notwithstanding any other provision of law to the contrary, the Department of Public Safety department shall furnish full information regarding the driving record of any person to:

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(1) The driver's license administrator of any other state or of any province or territory of Canada requesting that information;
(2) Any employer or prospective employer upon the request of such employer and the payment of a fee of not more than $10.00; and
(3) Insurers upon request and payment of a fee of not more than $10.00."
SECTION 5-63.
Said Title 40 is further amended by striking Code Section 40-5-156, relating to rules applicable to commercial drivers' licenses, and inserting in its place a new Code section to read as follows:
"40-5-156.
The Board of Public Safety commissioner may adopt any rules and regulations necessary to carry out the provisions of this article."
SECTION 5-64.
Said Title 40 is further amended by striking Code Section 40-5-157, relating to agreements relating to commercial drivers' licenses, and inserting in its place a new Code section to read as follows:
"40-5-157.
The commissioner of the Department of Public Safety or his or her designee may enter into or make agreements, arrangements, or declarations to carry out the provisions of this article."
SECTION 5-65.
Said Title 40 is further amended by striking subsections (b) and (c) of Code Section 40-5-159, relating to violations involving commercial driving, and inserting in their place new subsections to read as follows:
"(b) Any employer who reports fraudulent information to the Department of Public Safety department regarding an employee's employment or experience as required under 49 C.F.R. Part 383 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00.
(c) Any person who drives a commercial motor vehicle while in violation of the provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500.00. The Department of Public Safety department shall suspend the commercial driver's license or commercial driving privilege of such driver for a period of six months."
SECTION 5-66.
Said Title 40 is further amended by striking Code Section 40-5-171, relating to identification cards for persons with disabilities, and inserting in its place a new Code section to read as follows:
"40-5-171.
(a) The Department of Public Safety department shall issue personal identification cards to persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety commissioner. The identification card for persons with disabilities shall prominently display the international handicapped symbol and, in addition to any other information required by this article, may contain a recent color photograph of the applicant and the following information:
(1) Full legal name;

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(2) Address of residence;
(3) Birth date;
(4) Date identification card was issued;
(5) Date identification card expires;
(6) Sex;
(7) Height;
(8) Weight;
(9) Eye color;
(10) Location where the identification card was issued;
(11) Signature of person identified or facsimile thereof;
(12) Fingerprint of person identified; and
(13) Such other information as required by the department.
(b) The identification card for persons with disabilities shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall not be the same as the applicant's social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section."
SECTION 5-67.
Said Title 40 is further amended by striking Code Section 40-5-176, relating to rules applicable to identification cards for persons with disabilities, and inserting in its place a new Code section to read as follows:
"40-5-176.
The Board of Public Safety commissioner shall promulgate rules and regulations under which this article shall be implemented."
PART V-A
SECTION 5A-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-6-12, relating to repeated violation of proof of insurance requirements, and inserting in its place a new Code section to read as follows:
"40-6-12.
(a) Any person convicted of a second or subsequent violation of Code Section 40-6-10 within a five-year period, as measured from date of arrest to date of arrest, shall be required to file with the department Department of Motor Vehicle Safety and maintain for a period of three years from the date of conviction proof of financial responsibility, as such term is defined in paragraph (5) of Code Section 40-9-2, in addition to any other punishment.

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(b) If the proof of financial responsibility filed in accordance with subsection (a) of this Code section is based upon a policy issued by an insurance company, such insurer may not cancel the policy until the department Department of Motor Vehicle Safety is given at least 30 days' prior written notice of such cancellation."
SECTION 5A-2.
Said Title 40 is further amended by striking paragraph (1) of Code Section 40-6-221, relating to definitions applicable to parking for persons with disabilities, and inserting in its place a new paragraph to read as follows:
"(1) 'Counterfeit' means any copy of any kind of parking permit for persons with disabilities which is not authorized by and does not carry the official seal of the Department of Public Motor Vehicle Safety."
SECTION 5A-3.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-6-222, relating to parking permits for persons with disabilities, and inserting in its place a new subsection to read as follows:
"(a) The Department of Public Motor Vehicle Safety shall issue parking permits for persons with disabilities at every place where it issues drivers' licenses. The department shall also receive applications for and issue parking permits for persons with disabilities by mail and may by regulation require such proof of disability or incapacity as may be necessary to issue such permits by mail. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be issued to individuals, and the name of the individual shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution and the license number of the particular vehicle shall appear on the permit. The institution may use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities."
SECTION 5A-4.
Said Title 40 is further amended by striking Code Section 40-6-223, relating to fees for parking permits for persons with disabilities, and inserting in its place a new Code section to read as follows:
"40-6-223.
The Department of Public Motor Vehicle Safety shall not charge or collect any fee for issuing parking permits for persons with disabilities under this part."
SECTION 5A-5.
Said Title 40 is further amended by striking Code Section 40-6-277, relating to reports of fatal accidents, and inserting in its place a new Code section to read as follows:
"40-6-277.
Every sheriff shall, on or before the tenth day of each month, report in writing to the Department of Public Motor Vehicle Safety the death of any person within his or her jurisdiction during the preceding calendar month as the result of a traffic accident known to him or her, giving the time and place of the accident and the circumstances relating thereto."
SECTION 5A-6.
Said Title 40 is further amended by striking Code Section 40-6-278, relating to uniform accident reporting, and inserting in its place a new Code section to read as follows:

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"40-6-278.
The Board of Public Safety commissioner of motor vehicle safety shall prescribe, by rule, uniform motor vehicle accident reports and reporting procedures which shall be used by all police officers, whether state, county, or municipal. The rules shall be adopted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The rules may require one type of report and reporting procedure for motor vehicle accidents in which property damage alone is involved and another type of report and reporting procedure for motor vehicle accidents involving personal injury or death. The Board of Public Safety commissioner may, by rule, require additional investigation or reports in case of serious bodily injury or death."
SECTION 5A-7.
Said Title 40 is further amended by striking subsection (a) of Code Section 40-6-296, relating to bicycle safety equipment, and inserting in its place a new subsection to read as follows:
"(a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of 300 feet to the front and with a red reflector on the rear of a type approved by the Department of Public Motor Vehicle Safety which shall be visible from a distance of 300 feet to the rear when directly in front of lawful upper beams of headlights on a motor vehicle. A light emitting a red light visible from a distance of 300 feet to the rear may be used in addition to the red reflector."
SECTION 5A-8.
Said Title 40 is further amended by striking Code Sections 40-6-315 and 40-6-316, relating to head and eye protection for motorcycle operators and passengers and rules and regulations, and inserting in their place new Code sections to read as follows:
"40-6-315.
(a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the Board of Public Safety commissioner of motor vehicle safety.
(b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the Board of Public Safety commissioner of motor vehicle safety.
(c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes.
(d) The Board of Public Safety commissioner of motor vehicle safety is authorized to approve or disapprove protective headgear and eye-protective devices required in this Code section and to issue and enforce regulations establishing standards and specifications for the approval thereof. The Board of Public Safety commissioner shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved by it.
40-6-316.
The Board of Public Safety commissioner of motor vehicles safety is authorized to promulgate rules and regulations to carry this part into effect and to establish regulations for safety standards for the operation of motorcycles."
SECTION 5A-9.
Said Title 40 is further amended by striking Code Section 40-6-330, relating to operation of motorized carts, and inserting in its place a new Code section to read as follows:
"40-6-330.

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Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of public motor vehicle safety."
SECTION 5A-10.
Said Title 40 is further amended by striking Code Section 40-6-352, relating to protective headgear for operation of mopeds, and inserting in its place a new Code section to read as follows:
"40-6-352.
(a) No person shall operate or ride as a passenger upon a moped unless he or she is wearing protective headgear which complies with standards established by the commissioner of motor vehicle safety. The commissioner in determining such standards shall consider the size, speed, and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection. Operators of electric assisted bicycles may wear a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute or the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling, rather than a motorcycle helmet.
(b) The commissioner of motor vehicle safety is authorized to approve or disapprove protective headgear for moped operators and to issue and enforce regulations establishing standards and specifications for the approval thereof. He or she shall publish lists by name and type of all protective headgear which have been approved by him or her."
SECTION 5A-11.
Said Title 40 is further amended by striking Code Section 40-6-354, relating to rules for operation of mopeds, and inserting in its place a new Code section to read as follows:
"40-6-354.
The Board of Public Safety commissioner of motor vehicle safety is authorized to promulgate rules and regulations to carry this part into effect and is authorized to establish regulations for safety equipment or standards for the operation of mopeds."
SECTION 5A-12.
Said Title 40 is further amended by striking Code Section 40-6-391.1, relating to pleas of nolo contendere in driving under the influence cases, and inserting in its place a new Code section to read as follows:
"40-6-391.1.
(a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is accepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed; provided, however, that no such plea of nolo contendere shall be accepted if the person charged with violating Code Section 40-6-391 had an alcohol concentration of more than 0.15 at any time within three hours after driving or being in control of any moving vehicle from alcohol consumed before such driving or being in control ended.
(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:

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(1) 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) The judge has reviewed the defendant's driving records that are on file with the Department of Public Motor Vehicle Safety.
(c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his or her reasons for accepting the plea of nolo contendere.
(d) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Public Motor Vehicle Safety within ten days after disposition.
(e) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section, the defendant's driver's license shall be forwarded to the Department of Public Motor Vehicle Safety as provided in subsection (c) of Code Section 40-5-67."
PART V-B
SECTION 5B-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-8-2, relating to safety rules for certain motor vehicles, and inserting in its place a new Code section to read as follows:
"40-8-2.
In addition to the requirements of this article, the Public Service Commission commissioner of motor vehicle safety, as to the motor vehicles within its the jurisdiction of the Department of Motor Vehicle Safety, shall have the authority to promulgate rules designed to promote safety pursuant to the provisions of Chapter 16 of this title and Chapter 7 of Title 46. Any such rules promulgated or deemed necessary by such commission the commissioner shall include the following: every motor unit and all parts thereof shall be maintained in a safe condition at all times. The lights, brakes, and equipment shall meet such safety requirements as the commission commissioner shall promulgate from time to time."
SECTION 5B-2.
Said Title 40 is further amended by striking Code Section 40-8-9, relating to required displays on certain trucks, and inserting in its place a new Code section to read as follows:
"40-8-9.
It shall be unlawful to operate in this state any truck or truck tractor having an owner declared gross weight of 43,000 or more pounds which does not comply with the name display requirements of this Code section. Each such truck or truck tractor shall have displayed on each side thereof the name and principal place of domicile of the registered owner or, if the truck or truck tractor is operating under a lease arrangement, the name and principal place of domicile of the lessee, except that trucks and truck tractors operating pursuant to authority granted by the Public Service Commission commissioner of motor vehicle safety under Chapter 7 of Title 46 or the federal Interstate Commerce Commission shall display the name of the holder of such authority and such other information as may be required by these commissions those authorities. The display shall be in sharp color contrast to the background and shall be of such size, color, and shape as to be readily legible during daylight hours from a distance of 50 feet while the vehicle is not in motion; and such display shall be maintained in a manner so as to remain so legible. This Code section shall not prohibit the display of additional information which does not interfere with the legibility of the display required by this Code section."
SECTION 5B-3.

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Said Title 40 is further amended by striking subsection (d) of Code Section 40-8-73.1, relating to tinting of vehicle windows, and inserting in its place a new subsection to read as follows:
"(d) The Department of Public Motor Vehicle Safety may, upon application from a person required for medical reasons to be shielded from the direct rays of the sun and only if such application is supported by written attestation of such fact from a person licensed to practice medicine under Chapter 34 of Title 43, issue an exemption from the provisions of this Code section for any motor vehicle owned by such person or in which such person is a habitual passenger. The exemption shall be issued with such conditions and limitations as may be prescribed by the Department of Public Motor Vehicle Safety."
SECTION 5B-4.
Said Title 40 is further amended by striking paragraphs (2) and (3) of subsection (e) of Code Section 40-8-76.1, relating to seat belt use requirements, and inserting in their place new paragraphs to read as follows:
"(2) A person failing to comply with the requirements of subsection (b) of this Code section 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; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof. The court imposing such fine shall forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Public Motor Vehicle Safety.
(3) Each minor over four years of age who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger over four years of age fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall forward a record of the court disposition of the case of failure to secure a seat safety belt on a minor to the Department of Public Motor Vehicle Safety."
SECTION 5B-5.
Said Title 40 is further amended by striking subsections (a) and (d) of Code Section 40-8-78, relating to safety glazing for motor vehicles, and inserting in their respective places new subsections to read as follows:
"(a) No person shall sell any motor vehicle manufactured after January 1, 1954, nor shall any such motor vehicle be registered unless such vehicle is equipped with safety glazing materials of a type approved by the commissioner of public motor vehicle safety wherever glazing materials are used in doors, windows, and windshields. The provisions of this Code section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing materials shall apply to all glazing materials used in doors, windows, and windshields in the drivers' compartments of such vehicles."
"(d) The commissioner of public motor vehicle safety shall compile and publish a list of types of glazing materials by name approved by him or her as meeting the requirements of this Code section and the commissioner shall not register any motor vehicle which is subject to the provisions of this Code section unless it is equipped with an approved type of safety glazing materials, and he or she shall thereafter suspend the registration of any motor vehicle so subject to this Code section which he or she finds is not so equipped until it is made to conform to the requirements of this Code section."
SECTION 5B-6.
Said Title 40 is further amended by striking subsections (a) through (c) of Code Section 40-8-92, relating to permits for flashing or revolving lights on motor vehicles, and inserting in their place new subsections to read as follows:

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"(a) All emergency vehicles shall be designated as such by the Board of Public Safety commissioner of motor vehicle safety. The board commissioner shall so designate each vehicle by issuing to such vehicle a permit to operate flashing or revolving emergency lights of the appropriate color. Such permit shall be valid for one year from the date of issuance; provided, however, that permits for vehicles belonging to federal, state, county, or municipal governmental agencies shall be valid for five years from the date of issuance. Any and all officially marked law enforcement vehicles as specified in Code Section 40-8-91 shall not be required to have a permit for the use of a blue light. Any and all fire department vehicles which are distinctly marked on each side shall not be required to have a permit for the use of a red light.
(b) The board commissioner shall authorize the use of red or amber flashing or revolving lights only when the person or governmental agency shall demonstrate to the board commissioner a proven need for equipping a vehicle with emergency lights. The fee for such lights shall be $2.00, provided that no federal, state, county, or municipal governmental agency shall be required to pay such fee.
(c) Nothing contained in this Code section shall prohibit the board commissioner from issuing a single special use permit to cover more than one vehicle, provided each vehicle covered under such special use permit shall pay the fee specified in subsection (b) of this Code section."
SECTION 5B-7.
Said Title 40 is further amended by striking Code Section 40-8-95, relating to rules relating to use of flashing or revolving lights on vehicles, and inserting in its place a new Code section to read as follows:
"40-8-95.
The Board of Public Safety commissioner of motor vehicle safety shall implement any and all provisions of Code Sections 40-8-90, 40-8-92, and 40-8-93 by the promulgation of necessary rules and regulations."
SECTION 5B-8.
Said Title 40 is further amended by striking subsections (a) and (f) of Code Section 40-8-220, relating to school bus safety inspections, and inserting in their respective places new subsections to read as follows:
"(a) Every school bus which is defined by paragraph (55) of Code Section 40-1-1 which is owned or operated by a state, county, or municipal government or under contract by any independent school system shall be inspected annually, or more frequently at the discretion of the commissioner of public motor vehicle safety, under the supervision of an employee of the Department of Public Motor Vehicle Safety."
"(f) The Board of Public Safety commissioner of motor vehicle safety is authorized to implement any and all provisions of this Code section by the promulgation of necessary rules and regulations. When duly promulgated and adopted, all rules and regulations issued pursuant to this Code section shall have the force of law."
PART VI
SECTION 6-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking paragraphs (2) and (3) of Code Section 40-9-2, relating to definitions applicable to financial responsibility for motor vehicle accidents, and inserting in their place new paragraphs to read as follows:
"(2) 'Commissioner' means the commissioner of public motor vehicle safety.
(3) 'Department' means the Department of Public Motor Vehicle Safety."
SECTION 6-2.

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Said Title 40 is further amended by striking subsection (a) of Code Section 40-9-3, relating to administration of laws relating to financial responsibility and motor vehicle accidents, and inserting in its place a new subsection to read as follows:
"(a) The commissioner shall administer and enforce this chapter and is authorized to adopt and enforce rules and regulations necessary for its administration. The commissioner shall prescribe and provide suitable forms requisite or deemed necessary for the purposes of this chapter, except that the form for accident reports shall be prescribed by the commissioner of public safety."
SECTION 6-3.
Said Title 40 is further amended by striking Code Section 40-9-31, relating to submission of accident reports, and inserting in its place a new Code section to read as follows:
"40-9-31.
Each state and local law enforcement agency shall submit to the Department of Public Safety and the Department of Motor Vehicle Safety the original document of any accident report prepared by such local law enforcement agency or submitted to such agency by a member of the public. A local law enforcement agency may transmit the information contained on the accident report form by electronic means, provided that the department has first given approval to the reporting agency for the electronic reporting method utilized. The local law enforcement agency shall retain a copy of each accident report. All such reports shall be submitted to the department not more than 15 days following the end of the month in which such report was prepared or received by such local law enforcement agency."
PART VII
SECTION 7-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Chapter 11, relating to abandoned and improperly identified vehicles, and inserting in its place a new chapter to read as follows:
"CHAPTER 11
ARTICLE 1
40-11-1.
As used in this article, the term:
(1) 'Abandoned motor vehicle' means a motor vehicle or trailer:
(A) Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of 30 days after the time agreed upon; or within 30 days after such vehicle is turned over to such dealer, repairman, or wrecker service when no time is agreed upon; or within 30 days after the completion of necessary repairs;
(B) Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state highway system, any law enforcement officer or employee of the Department of Transportation Motor Vehicle Safety to whom enforcement authority has been designated pursuant to Code Section 32-6-29 may authorize the immediate removal of vehicles posing a threat to public health or safety or to mitigate congestion;

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(C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone's having made claim thereto;
(D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than 30 days without the owner's having made claim thereto; or
(E) Which has been left unattended on private property for a period of not less than 30 days without anyone's having made claim thereto.
(2) 'Motor vehicle' or 'vehicle' means motor vehicle or trailer.
(3) 'Owner' means the owner, lessor, lessee, security interest holders, and all lienholders as shown on the records of the Department of Revenue Motor Vehicle Safety.
40-11-2.
(a) Any person who removes a motor vehicle from public property at the request of a law enforcement officer or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, seek the identity of and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title of such vehicle, and any security interest holder or lienholder from the law enforcement officer requesting removal of such or from such officer's agency within 72 hours of removal. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.
(b) Any person who removes a motor vehicle from private property at the request of the property owner or stores such vehicle shall, if the owner of the vehicle or some person acting for the owner is not present, notify in writing a local law enforcement agency of the location of the vehicle, the manufacturer's vehicle identification number, license number, model, year, and make of the vehicle within 72 hours of the removal of such vehicle and shall seek from the local law enforcement agency the identity and address of the last known registered owner of such vehicle, the owner of the vehicle as recorded on the title, and any security interest holder or lienholder and any information indicating that such vehicle is a stolen motor vehicle. The local law enforcement agency shall furnish such information to the person removing such vehicle within 72 hours after receipt of such request.
(c) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined to be a stolen motor vehicle, the local law enforcement officer or agency shall notify the Georgia Crime Information Center of the location of such motor vehicle within 72 hours after receiving notice that such motor vehicle is a stolen vehicle.
(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to cover damages to the vehicle, the person removing or storing such motor vehicle shall, within seven calendar days of the day such motor vehicle was removed, notify the owner and any security interest holder or lienholder, if known, by certified or registered mail of the location of such motor vehicle, the fees connected with removal and storage of such motor vehicle, and the fact that such motor vehicle will be deemed abandoned under this chapter unless the owner, security interest holder, or lienholder redeems such motor vehicle within 30 days of the day such vehicle was removed.
(e) If the owner, security interest holder, or lienholder fails to redeem such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, on the form prescribed by the commissioner, to the Department of Revenue Motor Vehicle Safety with a research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue Motor Vehicle Safety, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and

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requesting the name and address of all owners, lessors, lessees, security interest holders, and lienholders of such vehicle. If the form submitted to the commissioner Department of Motor Vehicle Safety is rejected because of inaccurate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form to the commissioner Department of Motor Vehicle Safety together with an additional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue Motor Vehicle Safety. Each subsequent corrected notice, if required, shall be submitted with an additional research fee of $2.00 payable to the Motor Vehicle Division of the Department of Revenue Motor Vehicle Safety. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle.
(f) Upon ascertaining the owner of such motor vehicle, the person removing or storing such vehicle shall, within five calendar days, by certified or registered mail, notify the owner, lessors, lessees, security interest holders, and lienholders of the vehicle of the location of such vehicle and of the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(g) If the identity of the owner of such motor vehicle cannot be ascertained, the person removing or storing such vehicle shall place an advertisement in a newspaper of general circulation in the county where such vehicle was obtained or, if there is no newspaper in such county, shall post such advertisement at the county courthouse in such place where other public notices are posted. Such advertisement shall run in the newspaper once a week for two consecutive weeks or shall remain posted at the courthouse for two consecutive weeks. The advertisement shall contain a complete description of the motor vehicle, its license and manufacturer's vehicle identification numbers, the location from where such vehicle was initially removed, the present location of such vehicle, and the fact that such vehicle is deemed abandoned and shall be disposed of if not redeemed.
(h) The Department of Revenue Motor Vehicle Safety shall provide to the Georgia Crime Information Center all relevant information from sworn statements described in subsection (e) of this Code section for a determination of whether the vehicles removed have been entered into the criminal justice information system as stolen vehicles. The results of the determination shall be provided electronically to the Department of Revenue Motor Vehicle Safety.
(i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Revenue Motor Vehicle Safety if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event.
(j) If vehicle information on the abandoned motor vehicle is not in the files of the Department of Revenue Motor Vehicle Safety, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle.
(k) Any person who does not provide the notice and information required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, shall not be entitled to any storage fees, shall not be eligible to contract with or serve on a rotation list providing wrecker services for this state or any political subdivision thereof, and shall not be licensed by any municipal authority to provide removal of improperly parked cars under Code Section 44-1-13.
(l) Any person who knowingly provides false or misleading information when providing any notice or information as required by this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
40-11-3.
(a) Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property for a period of at least five days shall be authorized to cause such motor vehicle to be removed to a garage or other place of safety, if such peace officer reasonably believes that the person who left such motor vehicle unattended does not intend to return and remove such motor vehicle.

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(b) Any law enforcement officer or employee of the Department of Transportation Motor Vehicle Safety to whom law enforcement authority has been designated pursuant to Code Section 32-6-29 who finds a motor vehicle which has been left unattended on the state highway system shall be authorized to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion. Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property, other than the state highway system, shall be authorized immediately to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion.
(c) Any peace officer who, under this Code section, causes any motor vehicle to be removed to a garage or other place of safety shall be liable for gross negligence only.
(d)(1) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown attempt to determine vehicle ownership through official inquiries to the Department of Revenue Motor Vehicle Safety vehicle registration and vehicle title files. These inquiries shall be made from authorized criminal justice information system network terminals.
(2) If the name and address of the last known registered owner of the motor vehicle is obtained from the Georgia Crime Information Center, the peace officer who causes the motor vehicle to be removed shall, within three calendar days, make available to the person removing such motor vehicle the name and address of the last known registered owner of such motor vehicle, the owner of the motor vehicle as recorded on the title of such vehicle, and all security interest holders or lienholders. If such information is not available, the peace officer shall, within three calendar days, notify the person removing or storing such vehicle of such fact.
(3) Law enforcement agencies shall make record entries in Georgia criminal justice information system files through authorized criminal justice information system network terminals after an unsuccessful attempt to obtain vehicle ownership information and shall remove the record entries when ownership is determined.
40-11-3.1.
(a) It shall be the duty of any peace officer who discovers a motor vehicle which has been left unattended on a public street, road, or highway or other public property to immediately perform an unattended vehicle check on such motor vehicle, unless there is displayed on such motor vehicle an unattended vehicle check card indicating that another peace officer has already performed such an unattended vehicle check. For purposes of this Code section, an unattended vehicle check shall consist of such actions as are reasonably necessary to determine that the unattended vehicle does not contain an injured or incapacitated person and to determine that the unattended vehicle does not pose a threat to public health or safety.
(b) A peace officer completing an unattended vehicle check shall complete and attach to the vehicle an unattended vehicle check card. Unattended vehicle check cards shall be in such form, and shall be attached to vehicles in such manner, as may be specified by rule or regulation of the Department of Public Safety; and to the extent that sufficient funds are available to the department, the department may distribute such forms free of charge to law enforcement agencies in this state. Unattended vehicle check cards shall be serially numbered; shall be of a distinctive color and shape, so as to be readily visible to passing motorists; and shall contain spaces for the investigating police officer to indicate the location of the vehicle, the date and time of the completion of the unattended vehicle check, and the name of such peace officer's law enforcement agency. A detachable stub, which shall be filed with the investigating peace officer's law enforcement agency, shall bear the same serial number and shall contain the same information, together with the identity of the investigating peace officer and the license plate number and other pertinent identifying information relating to the abandoned vehicle.
(c) Nothing in the Code section shall limit the otherwise applicable authority of a peace officer to have an unattended motor vehicle removed to a garage or other place of safety.

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(d) It shall be unlawful for any person other than a peace officer to attach a genuine or counterfeit unattended motor vehicle check card to a motor vehicle; and any person convicted of violating this subsection shall be guilty of a misdemeanor.
40-11-4.
(a) Any person who removes or stores any motor vehicle which is or becomes an abandoned motor vehicle shall have a lien on such vehicle for the reasonable fees connected with such removal or storage plus the cost of any notification or advertisement. Such lien shall exist if the person moving or storing such vehicle is in compliance with Code Section 40-11-2.
(b) The lien acquired under subsection (a) of this Code section may be foreclosed in any court which is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.
40-11-5.
All liens acquired under Code Section 40-11-4 shall be foreclosed as follows:
(1) Any proceeding to foreclose a lien on an abandoned motor vehicle must be instituted within one year from the time the lien is recorded or is asserted by retention;
(2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail, make a demand upon the owner for the payment of the reasonable fees for removal and storage plus the costs of any notification or advertisement. Such written demand shall include an itemized statement of all charges. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 40-11-2 have been complied with;
(3)(A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned motor vehicle fails to respond to such demand or refuses to pay, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 40-11-2 have been complied with, and such affidavit shall also aver that a demand for payment has been made and refused or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall affix his or her signature thereto.
(B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $10.00 per motor vehicle upon which a lien is asserted;
(4)(A) Upon such affidavit's being filed, the lien claimant shall give the clerk or judge of the court the address (if known) of the owner, lessor, lessee, security interest holders, and lienholders of the abandoned vehicle. The clerk or judge of the court shall serve notice upon such owner, lessor, lessee, security interest holders, and lienholders of the abandoned motor vehicle of a right to a hearing to determine if reasonable cause exists to believe that a valid debt exists; that such hearing must be petitioned for within ten days after receipt of such notice; and that, if no petition for such hearing is filed within the time allowed, the lien will conclusively be deemed a valid one and foreclosure thereof allowed.
(B) Any notice required by this paragraph shall be by certified mail or, if the owner, lessor, lessee, security interest holder, or lienholder is unknown, by posting such notice at the county courthouse in such place where other public notices are posted;
(5) If a petition for a probable cause hearing is filed within the time allowed, the court shall set such a hearing within ten days of filing of the petition. If, at the hearing, the court determines that reasonable cause exists to believe that a valid debt exists, then the person asserting the lien shall retain possession of the motor vehicle or the court shall

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obtain possession of the motor vehicle, as ordered by the court. The owner-debtor may obtain possession of the motor vehicle by giving bond and security in the amount determined to be probably due and costs of the action;
(6) Within five days of the probable cause hearing, a party defendant must petition the court for a full hearing on the validity of the debt if a further determination of the validity of the debt is desired. If no such petition is filed, the lien for the amount determined reasonably due shall conclusively be deemed a valid one and foreclosure thereof allowed. If such a petition is filed, the court shall set a full hearing thereon within 15 days of the filing of the petition. Upon the filing of such petition by a party defendant, neither the prosecuting lienholder nor the court may sell the motor vehicle, although possession of the motor vehicle may be retained;
(7) If, after a full hearing, the court finds that a valid debt exists, then the court shall authorize foreclosure upon and sale of the motor vehicle subject to the lien to satisfy the debt if such debt is not otherwise immediately paid;
(8) If the court finds the actions of the person asserting the lien in retaining possession of the motor vehicle were not taken in good faith, then the court, in its discretion, may award damages to the owner, any party which has been deprived of the rightful use of the vehicle, or the lessee due to the deprivation of the use of the motor vehicle;
(9) If no petition for a hearing is filed, or if, after a full hearing, the court determines that a valid debt exists, the court shall issue an order authorizing the sale of such motor vehicle. However, the holder of a security interest in or a lien on the vehicle, other than the holder of a lien created by Code Section 40-11-4, shall have the right, in the order of priority of such security interest or lien, to pay the debt and court costs. If the holder of a security interest or lien does so pay the debt and court costs, he or she shall have the right to possession of the vehicle, and his or her security interest in or lien on such vehicle shall be increased by the amount so paid. A court order shall be issued to this effect, and in this instance there shall not be a sale of the vehicle.
40-11-6.
(a) Upon order of the court, the person holding the lien on the abandoned motor vehicle shall be authorized to sell such motor vehicle at public sale, as defined by Code Section 11-1-201.
(b) After satisfaction of the lien, the person selling such motor vehicle shall, not later than 30 days after the date of such sale, provide the clerk of the court with a copy of the bill of sale as provided to the purchaser and turn the remaining proceeds of such sale, if any, over to the clerk of the court. Any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor.
40-11-7.
The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such motor vehicle by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Revenue Motor Vehicle Safety. The Department of Revenue Motor Vehicle Safety shall then issue a certificate of title, which shall be free and clear of all liens and encumbrances.
40-11-8.
The clerk of the court shall retain the remaining balance of the proceeds of a sale under Code Section 40-11-6, after satisfaction of liens, security interests, and debts, for a period of 12 months; and, if no claim has been filed against such proceeds by the owner of the abandoned motor vehicle or any interested party, then he or she shall pay such remaining balance as follows:
(1) If the abandoned motor vehicle came into the possession of the person creating the lien other than at the request of a peace officer, the proceeds of the sale shall be divided equally and paid into the general fund of the county in which the sale was made and into the general fund of the municipality, if any, in which the sale was made;

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(2) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a police officer of a municipality, the proceeds of the sale shall be paid into the general fund of the municipality;
(3) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a county sheriff, deputy sheriff, or county police officer, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made;
(4) If the abandoned motor vehicle came into the possession of the person creating the lien at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the proceeds of the sale shall be paid into the general fund of the county in which the sale was made.
40-11-9.
(a) If a motor vehicle has been left unattended on private property for not less than two days or on public property for not less than three days without the owner or driver making any attempt to recover such vehicle or to leave a conspicuously placed note that such owner or driver intends to return for such vehicle; or, if a conspicuous note was left, if the motor vehicle has been left unattended for not less than five days and if because of damage, vandalism, theft, or fire the vehicle is damaged to the extent that its restoration to an operable condition would require the replacement of one or more major component parts or involves any structural damage that would affect the safety of the vehicle; or if there is evidence that the vehicle was inoperable due to major mechanical breakdown at the time it was left on the property, such as the engine, transmission, or wheels missing, no coolant in the cooling system, no oil in the engine, or burned fluid in the transmission; or if the vehicle is seven or more years old; or if the vehicle is not currently tagged or is not verifiable by the state as to who is the current owner or lienholder of the vehicle; or if the vehicle has been abandoned to a wrecker service by an insurance company and the owner following the insurance company's making a total loss payment, then any person removing such vehicle shall within 72 hours of removing such vehicle obtain the identity of and address of the last known registered owner of the vehicle, the owner of the vehicle as recorded on the certificate of title of such vehicle, and any security interest holder or lienholder on such vehicle from the local law enforcement agency of the jurisdiction in which the vehicle was located. If the law enforcement agency shows no information on the vehicle, then a request for such information shall be sent to the Department of Revenue Motor Vehicle Safety. Within 72 hours after obtaining such information, the person removing such vehicle shall, by certified mail, return receipt requested, notify the registered owner, title owner, and security interest holder or lienholder of the vehicle that such vehicle will be declared a derelict vehicle and the title to such vehicle will be canceled by the state revenue commissioner Department of Motor Vehicle Safety if such person or persons fail to respond within ten days of receipt of such notice. The state revenue commissioner of motor vehicle safety shall prescribe the form and content of such notice. If the registered owner, title owner, or security interest holder or lienholder fails to respond within 30 days from the date of such notice by certified mail, and if the vehicle is appraised as having a total value of less than $300.00, the vehicle shall be considered to be a derelict vehicle. The value of the vehicle shall be determined as 50 percent of the wholesale value of a similar car in the rough section of the National Auto Research Black Book, Georgia Edition, or if a similar vehicle is not listed in such book or, regardless of the model year or book value of the vehicle, if the vehicle is completely destroyed by fire, flood, or vandalism or is otherwise damaged to the extent that restoration of the vehicle to a safe operable condition would require replacement of more than 50 percent of its major component parts, the person shall obtain an appraisal of the motor vehicle from the local law enforcement agency's auto theft section with jurisdiction in the county or municipality where such vehicle is located. Any person removing a vehicle shall complete a form, to be provided by the state revenue commissioner Department of Motor Vehicle Safety, indicating that the vehicle meets at least four of the above-stated eight conditions for being a derelict vehicle and shall file such form with the Department of Revenue Motor Vehicle Safety and the law enforcement agency with jurisdiction from which such vehicle was removed.
(b) Upon determination that a vehicle is a derelict motor vehicle as provided in subsection (a) of this Code section, it may be disposed of by sale to a person who scraps, dismantles, or demolishes motor vehicles, provided that such vehicle may be sold for scrap or parts only and shall in no event be rebuilt or sold to the general public. Any person disposing of a derelict motor vehicle shall, prior to disposing of such vehicle, photograph such vehicle and retain with such photograph the appraisal required in subsection (a) of this Code section and the notice to the state revenue commissioner Department of Motor Vehicle Safety required in this subsection for a period of three years after its disposition. Such person shall also notify the state revenue commissioner Department of Motor Vehicle Safety of

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the disposition of such vehicle in such manner as may be prescribed by the state revenue commissioner of motor vehicle safety. The state revenue commissioner Department of Motor Vehicle Safety shall cancel the certificate of title for such vehicle and shall not issue a rebuilt or salvage title for such vehicle.
(c) For purposes of this Code section, the term 'derelict vehicle' shall not include a vehicle which does not bear a manufacturer's vehicle identification number plate or a vehicle identification number plate assigned by a state jurisdiction.
(d) Any person who abandons a derelict motor vehicle on public or private property shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 and shall pay all costs of having such derelict motor vehicle removed, stored, and sold as provided for in this Code section. Notwithstanding any other provision of law to the contrary, such fines shall be disposed as follows:
(1) If the abandoned motor vehicle was removed other than at the request of a peace officer, the moneys arising from the fine shall be divided equally and paid into the general fund of the county in which the offense was committed and into the general fund of the municipality, if any, in which the offense was committed;
(2) If the abandoned motor vehicle was removed at the request of a police officer of a municipality, the moneys arising from the fine shall be paid into the general fund of the municipality;
(3) If the abandoned motor vehicle was removed at the request of a county sheriff, deputy sheriff, or county police officer, the moneys arising from the fine shall be paid into the general fund of the county in which the offense was committed; and
(4) If the abandoned motor vehicle was removed at the request of a member of the Georgia State Patrol or other employee of the State of Georgia, the moneys arising from the fine shall be paid into the general fund of the county in which the offense was committed.
(e) Any person removing a derelict motor vehicle who fails to comply with the requirements of this Code section or who knowingly provides false or misleading information when providing any notice or information required by this Code section shall be guilty of a misdemeanor.
(f) The Department of Revenue, the state revenue commissioner, and Neither the State of Georgia and nor any state agency nor the person removing, storing, and processing the vehicle unless recklessly or grossly negligent shall not be liable to the owner of a vehicle declared to be a derelict motor vehicle pursuant to this Code section or an abandoned motor vehicle.
ARTICLE 2
40-11-20.
The following items are declared to be contraband and are subject to forfeiture:
(1) Any motor vehicle the manufacturer's vehicle identification number of which has been removed, altered, defaced, falsified, or destroyed; and
(2) Any component part of a motor vehicle the manufacturer's identification number of which has been removed, altered, defaced, falsified, or destroyed.
40-11-21.
Property subject to forfeiture under Code Section 40-11-20 and in the possession of any state or local law enforcement agency shall not be subject to replevin but is deemed to be in the custody of the superior court of the county wherein the property is located subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings.

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40-11-22.
The law enforcement agency having possession of any property subject to forfeiture under Code Section 40-11-20 shall report such fact, within ten days of taking possession, to the district attorney of the judicial circuit having jurisdiction in the county where the property is located. Within 30 days from the date he or she receives such notice, the district attorney of the judicial circuit shall file in the superior court of the county in which the property is located an action for condemnation of the property. The proceedings shall be brought in the name of the state, and the action shall be verified by a duly authorized agent of the state in the manner required by law. The action shall describe the property, state its location, state its present custodian, state the name of the owner, if known, to the duly authorized agent of the state, allege the essential elements which are claimed to exist, and shall 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 property described in the action, commanding him or her to seize the property described in the action and to hold that property for further order of the court. A copy of the action shall be served on the owner, if known. If the owner is known, a copy of the action shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's 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 any person having a duly recorded security interest in or lien upon such property 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 or herself to avoid service. At the expiration of 30 days after such filing, if no claimant has appeared to defend the action, the court shall order the disposition of the seized property as provided for in this Code section. If the owner of the property appears and defends the action and can show that he or she was unaware of the fact that the identification number had been removed, altered, defaced, falsified, or destroyed, the court shall order the property returned to the owner upon the owner's paying proper expenses relating to proceedings for forfeiture, including the expenses of the maintenance of custody, advertising, and court costs and upon the property's being assigned a new identification number as provided in this article.
40-11-23.
Except as otherwise provided in this article, when property is forfeited under this article, the court may:
(1) Order that the property be retained by the law enforcement agency or the county in which the property is located; or
(2) Order that the property be disposed of by sale, the proceeds of which shall be used to pay the proper expenses relating to the proceedings for forfeiture, including the expenses of maintenance of custody, advertising, and court costs, with the remaining funds to be paid into the general fund of the county.
40-11-24.
Prior to the property's being sold or returned to the owner or otherwise disposed of, the Department of Revenue Motor Vehicle Safety shall assign it a new identification number."
PART VIIA
SECTION 7A-1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-13-3, relating to trial and disposition of traffic cases, and inserting in its place a new Code section to read as follows:
"40-13-3.

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Except for offenses tried in the superior courts, all other courts having jurisdiction of the offense may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other accusation in order to bring the accused to trial. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final disposition of the case to the Department of Public Motor Vehicle Safety. Notwithstanding the reporting requirements of this Code section, the Department of Public Motor Vehicle Safety may by rule or regulation relieve the judge or clerk of each such court of the responsibility of reporting those offenses which do not result in convictions or adjudications of guilt or pleas of nolo contendere."
SECTION 7A-2.
Said Title 40 is further amended by striking subsections (b) and (c) of Code Section 40-13-32, relating to modification of traffic law judgments, and inserting in their place new subsections to read as follows:
"(b) If the original judgment is changed or modified pursuant to this Code section, the judge shall certify to the Department of Public Motor Vehicle Safety that such change or modification is a true and correct copy of the change or modification and that the requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met.
(c) Except for orders correcting clerical errors, the Department of Public Motor Vehicle Safety shall not recognize as valid any change or modification order nor make any changes to a driver's history unless such change or modification as submitted to the department is in strict compliance with the requirements set forth in subsections (a) and (b) of this Code section."
SECTION 7A-3.
Said Title 40 is further amended by striking subsection (c) of Code Section 40-13-33, relating to habeas corpus challenges in traffic cases, and inserting in its place a new subsection to read as follows:
"(c) When the commissioner of public motor vehicle safety is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County."
SECTION 7A-4.
Said Title 40 is further amended by striking paragraph (1) of subsection (b) of Code Section 40-13-53, relating to release of persons charged with traffic offenses, and inserting in its place a new paragraph to read as follows:
"(1) Any offense for which a driver's license may be suspended by the commissioner of public motor vehicle safety;".
SECTION 7A-5.
Said Title 40 is further amended by striking Code Section 40-13-54, relating to disposition of traffic citations, and inserting in its place a new Code section to read as follows:
"40-13-54.
The original citation and complaint shall be sent by the officer issuing it to the traffic violations bureau of the court within 24 hours of the arrest. The defendant named in the citation shall be given the second copy. The officer issuing the citation and complaint shall retain one copy for himself or herself, and the court may, by order, provide that an additional copy shall be made for the use of any municipality in the county or the Department of Public Motor Vehicle Safety."
PART VIII
SECTION 8-1.

Wednesday, March 22, 2000

2525

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking Code Section 40-15-1, relating to definitions applicable to motorcycle safety training, and inserting in its place a new Code section to read as follows:
"40-15-1.
As used in this chapter, the term:
(1) 'Board' means the Board of Public Motor Vehicle Safety.
(2) 'Commissioner' means the commissioner of public motor vehicle safety.
(3) 'Coordinator' means the state-wide motorcycle safety coordinator provided for in Code Section 40-15-4.
(4) 'Department' means the Department of Public Motor Vehicle Safety.
(5) 'Motorcycle' means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and a moped.
(6) 'Operator' means any person who drives or is in actual physical control of a motorcycle.
(7) 'Program' means a motorcycle operator safety training program provided for in Code Section 40-15-2."
PART IX
SECTION 9-1.
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended in Code Section 46-1-1, relating to definitions, by striking division (9)(C)(ii) and inserting in its place a new division to read as follows:
"(ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commission commissioner of motor vehicle safety and which goes beyond the corporate limits only for the purpose of hauling chattels which have been seized under any court process;".
SECTION 9-2.
Said Title 46 is further amended in said Code Section 46-1-1 by striking divisions (x) through (xiv) of subparagraph (9) of paragraph (C) and inserting in their place new divisions to read as follows:
"(x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term 'agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or the owner's agents or employees between forest and mill or primary place of manufacture; provided, however, motor vehicles with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commission commissioner

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of motor vehicle safety only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (13) of this Code section; provided, further, that pulpwood trailers and pole trailers with a manufacturer's gross weight rated capacity of 10,001 pounds or more engaged solely in the transportation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted by the commission commissioner of motor vehicle safety shall be subject to legislative review in accordance with the provisions of Code Section 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commission commissioner of motor vehicle safety shall be effective July 1, 1991;
(xi) Motor vehicles engaged in the transportation of unmanufactured agricultural products, dairy products, poultry and processed poultry, nursery stock, sod grass, potting soil, pine bark nuggets, dry fertilizer, flue-cured tobacco, soybean meal, pine bark, wood chips, shavings, sawdust, or feedstuff for livestock and poultry, including feedstuff ingredients, provided that such vehicles do not haul or transport other commodities on the same vehicle at the same time not exempt by law from the regulations of the commission commissioner of motor vehicle safety; motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing abandoned, disabled, and wrecked vehicles and replacement vehicles therefor or otherwise rendering assistance to abandoned, disabled, and wrecked vehicles; except that any operator of such a vehicle is required to register the exempt operation with the commission commissioner of motor vehicle safety, register and identify any of its vehicles, and become subject to the commission's commissioner's liability insurance and vehicle and hazardous materials safety rules;
(xii) Motor vehicles engaged in compensated intercorporate hauling whereby transportation of property is provided by a person who is a member of a corporate family for other members of such corporate family, provided:
(I) The parent corporation notifies the commission commissioner of motor vehicle safety of its intent or the intent of one of the subsidiaries to provide the transportation;
(II) The notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries;
(III) A copy of the notice is carried in the cab of all vehicles conducting the transportation; and
(IV) The transportation entity of the corporate family registers the compensated intercorporate hauling operation with the commission commissioner of motor vehicle safety, registers and identifies any of its vehicles, and becomes subject to the commission's commissioner's liability insurance and motor carrier and hazardous materials transportation rules.
For the purpose of this division, the term 'corporate family' means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest;
(xiii) Vehicles, except limousines, transporting not more than ten persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the commission commissioner of motor vehicle safety, register and identify any of its vehicles, and become subject to the commission's commissioner's liability insurance and vehicle safety rules;
(xiv) Any dump truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials; except that any operator of such a vehicle is required to register the exempt operation with the commission commissioner of motor vehicle safety, register and identify any of its vehicles, and become subject to the commission's commissioner's liability insurance and vehicle and hazardous materials safety rules; or".
SECTION 9-3.

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2527

Said Title 46 is further amended in said Code Section 46-1-1 by striking paragraph (11) and inserting in its place a new paragraph to read as follows:
"(11) 'Permit' means a registration permit issued by the Public Service Commission commissioner of motor vehicle safety authorizing interstate transportation for hire exempt from the jurisdiction of the Interstate Commerce Commission or intrastate transportation for hire exempt from the jurisdiction of the Public Service Commission commissioner of motor vehicle safety or intrastate transportation by a motor carrier of property."
SECTION 9-4.
Said Title 46 is further amended by striking Chapter 7, relating to motor carriers, and inserting in its place a new chapter to read as follows:
"CHAPTER 7
ARTICLE 1
46-7-1.
As used in this chapter, the term: Reserved.
(1) 'Commissioner' means the commissioner of motor vehicle safety.
(2) 'Department' means the Department of Motor Vehicle Safety.
46-7-2.
Unless expressly prohibited by federal law, the commission commissioner is vested with power to regulate the business of any person engaged in the transportation as a common or contract carrier of persons or property, either or both, for hire by motor vehicle on any public highway of this state.
46-7-3.
No motor common or contract carrier of passengers or household goods shall, except as otherwise provided in this article, operate without first obtaining from the commission commissioner a certificate of public convenience and necessity, pursuant to findings to the effect that the public interest requires such operation.
46-7-4.
The commission commissioner may issue the certificate applied for or issue it for the partial exercise of the privilege sought, and may attach to the exercise of the rights granted by such certificate such terms and conditions as, in its his or her judgment, the public interest may require.
46-7-5.
(a) The commission commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, suspend, revoke, alter, or amend any certificate issued under this article, under the 'Motor Carrier Act of 1929,' under the 'Motor Carrier Act of 1931,' or under prior law, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commission commissioner or any of the provisions of this article or any other law of this state regulating or taxing motor vehicles, or both, or if in the opinion of the commission commissioner the holder of the certificate is not furnishing adequate service, or if the continuance of said certificate in its original form is incompatible with the public interest.
(b) If and when the commission commissioner shall undertake to revoke or modify any certificate on account of the public interest on the ground that the traffic conditions are such as not to justify the number of motor carriers which

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have been granted certificates over the route or routes in question, the preference shall be given to certificates in order of the time of their issuance, so that those which have been issued later in time shall, other things being equal, be canceled rather than those issued earlier in time.
46-7-6.
Any certificate issued pursuant to this article may be transferred or hypothecated upon application to and approval by the commission commissioner, and not otherwise.
46-7-7.
(a) The commission commissioner shall issue a certificate of public convenience and necessity to a person authorizing transportation as a motor common or contract carrier of passengers or household goods subject to the jurisdiction of the commission commissioner if it he or she finds that:
(1) The person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commission commissioner. Fitness encompasses three factors:
(A) The applicant's financial ability to perform the service it seeks to provide;
(B) The applicant's capability and willingness to perform properly and safely the proposed service; and
(C) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commission commissioner; and
(2) Based on evidence presented by the applicant supporting the issuance of the certificate, that the service proposed will serve a useful public purpose and be responsive to a public demand or need.
(b) The initial burden of making out a prima-facie case that an applicant's service is needed and that the applicant is fit to provide such service rests with the applicant.
(c) Upon an applicant making out a prima-facie case as to the need for the service and the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought would not be consistent with the public convenience and necessity.
(d) The commission commissioner shall not consider diversion of revenue or traffic from an existing motor carrier to be grounds for denial of an application.
(e) A protest of a motor carrier of passengers or of household goods to an application will not be considered unless the protesting carrier:
(1) Possesses authority from the commission commissioner to handle, in whole or in part, the commodity for which authority is applied and is willing and able to provide service that meets the reasonable needs of the shippers involved and has performed service within the scope of the application during the previous 12 month period or has actively in good faith solicited service within the scope of application during such period; or
(2) Has pending before the commission commissioner an application previously filed with the commission commissioner for substantially the same authority; or
(3) Is granted by the commission commissioner leave to intervene upon a showing of other interests which in the discretion of the commission commissioner would warrant such a grant.
(f) The commission commissioner may issue a certificate of public convenience and necessity without a hearing if the application is unprotested or unopposed.
46-7-8.

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2529

The commission commissioner shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods shall apply for certificates required by this article. Such rules shall require that the application be in writing, under oath, and that the application:
(1) Contain full information concerning the applicant's financial condition, the equipment proposed to be used, including the size, weight, and capacity of each vehicle to be used, and other physical property of the applicant;
(2) State the complete route or routes over which the applicant desires to operate and the proposed time schedule of the operation;
(3) Set forth all existing transportation in the territory proposed to be served, and wherein the public needs additional service, and why; and
(4) Contain any such other or additional information as the commission commissioner may order or require.
46-7-9.
The commission commissioner shall collect the following fees pursuant to this article:
(1) A fee of $75.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates fewer than six motor vehicles;
(2) A fee of $150.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates six to 15 motor vehicles;
(3) A fee of $200.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates more than 15 motor vehicles;
(4) A fee of $75.00 to accompany each application for transfer of a certificate;
(5) A fee of $50.00 to accompany each application for intrastate temporary emergency authority under Code Section 46-7-13; and
(6) A fee of $50.00 to accompany each application for a motor carrier of property permit.
46-7-10.
The commission commissioner, upon the filing of a petition for a certificate of public convenience and necessity, shall fix a time and place for hearing thereon and shall, at least ten days before the hearing, give notice thereof by advertising the same at the expense of the applicant in a newspaper in Atlanta, in which sheriffs' notices are published. If no protest is filed with the commission commissioner or if the protest is subsequently withdrawn, the commission commissioner may issue the certificate without a hearing.
46-7-11.
When a petition for a certificate of public convenience and necessity under this article has been in whole or in part denied by the commission commissioner, or has been granted by the commission commissioner, and the order of the commission commissioner granting same has been quashed or set aside by a court of competent jurisdiction, a new application by the same petitioner or applicant therefor shall not be again considered by the commission commissioner within three months from the date of the order denying the same or the judgment of the court quashing or setting aside the order.
46-7-12.

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(a) No certificate or permit shall be issued or continued in operation unless the applicant or holder shall give and maintain bond, with adequate security, for the protection, in case of passenger vehicles, of the passengers and baggage carried and of the public against injury proximately caused by the negligence of such motor common or contract carrier, its servants, or its agents. In cases of vehicles transporting freight, the applicant or holder shall give bond, with adequate security, to secure the owner or person entitled to recover therefor against loss or damage to such freight for which the motor common or contract carrier may be legally liable and for the protection of the public against injuries proximately caused by the negligence of such motor carrier, its servants, or its agents.
(b) The commission commissioner shall approve, determine, and fix the amount of such bonds and shall prescribe the provisions and limitations thereof; and such bonds shall be for the benefit of and subject to action thereon by any person who shall sustain actionable injury or loss protected thereby.
(c) The commission commissioner may, in its his or her discretion, allow the holder of such certificate or permit to file, in lieu of such bond, a policy of indemnity insurance in some indemnity insurance company authorized to do business in this state, which policy must substantially conform to all of the provisions of this article relating to bonds. Such policy must also be approved by the commission commissioner.
(d) The commission commissioner shall have power to permit self-insurance, in lieu of a bond or policy of indemnity insurance, whenever in its his or her opinion the financial ability of the motor carrier so warrants.
(e) It shall be permissible under this article for any person having a cause of action arising under this article in tort or contract to join in the same action the motor carrier and its surety, in the event a bond is given. If a policy of indemnity insurance is given in lieu of bond, it shall be permissible to join the motor carrier and the insurance carrier in the same action, whether arising in tort or contract.
46-7-13.
Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor common or contract carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropriate fee as fixed by statute, the commission commissioner, under the authority of this Code section, may, in its his or her discretion and without a hearing or other prior proceeding, grant to any person temporary motor carrier authority for such service. The order granting such authority shall contain the commission's commissioner's findings supporting its his or her determination under the authority of this Code section that there is an unmet immediate and urgent need for such service and shall contain such conditions as the commission commissioner finds necessary with respect to such authority. Unless otherwise provided in this Code section, such emergency temporary motor carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the commission commissioner shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor carrier granted temporary emergency motor carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for permanent motor common or contract carrier authority corresponding to that authorized in its temporary emergency authority, the temporary emergency motor carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period.
46-7-14.
A motor common or contract carrier of passengers may discontinue its entire service on any route upon 30 days' published notice to be prescribed by the commission commissioner, and thereupon its certificate therefor shall be canceled. A motor common or contract carrier of passengers may discontinue any part of its service on any route upon 30 days' published notice, subject, however, to the right of the commission commissioner to withdraw its certificate for such route if, in the opinion of the commission commissioner, such diminished service is not adequate or is no longer compatible with the public interest.
46-7-15.

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2531

(a) Except as otherwise provided in this Code section, before any motor common or contract carrier engaged in exempt passenger intrastate commerce as provided for in subparagraph (C) of paragraph (9) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first secure a registration permit from the commission commissioner by making application therefor on forms supplied by the commission commissioner and paying a $25.00 filing fee. The application shall show the operations claimed to be exempt. A carrier's registration permit shall be valid so long as there is no change in its operating authority but may be amended to reflect any changes by application to the commission commissioner on a form provided by the commission commissioner and payment of a $5.00 filing fee.
(b) Every motor common or contract carrier operating pursuant to a certificate or permit shall annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commission commissioner for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such certificate or permit, in such manner and form as the commission commissioner may by rule or regulation prescribe, and shall pay to the commission commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year.
(c) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code section, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission commissioner of a fee of $8.00 for each vehicle so registered. Upon such registration, the commission commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit.
(d) Whenever any motor vehicle is operated on or over any public highway of this state without the motor common or contract carrier operating such vehicle first having obtained the annual registration and license or temporary vehicle registration permit provided for in this Code section, the motor common or contract carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration of such vehicle.
(e) No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature on a motor common or contract carrier, or on the equipment of a motor common or contract carrier, or on the right of a motor common or contract carrier to operate such equipment, or on any incidents of the business of a motor common or contract carrier.
46-7-15.1.
(a) Before any motor carrier of property shall operate any motor vehicle on or over any public highway of this state, it shall first secure a motor carrier of property permit from the commission commissioner by making application therefor on forms supplied by the commission commissioner and paying the required filing fee. The application shall be in writing and under oath and shall include such information as the commission commissioner may require including, but not limited to:
(1) Whether hazardous commodities will be transported;
(2) The number and type of vehicles to be utilized;
(3) The carrier's safety record and safety rating; and
(4) Proof of compliance with applicable insurance or self-insurance requirements.
(b) The commission commissioner shall issue the motor carrier of property permit if the application is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations of the commission commissioner regarding insurance and safety, including the handling of hazardous materials. The commission

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commissioner may refuse to issue a permit where the applicant has failed to show compliance with the applicable laws of this state and the rules and regulations of the commission commissioner. In any such instance where a permit is denied, the applicant shall, upon request made within 30 days of the date of denial, be entitled to a hearing to contest such denial of a permit.
(c) The commission commissioner may, at any time after notice and a hearing, suspend, revoke, alter, or amend any permit issued under this title if it shall appear that the holder of the permit has violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commission commissioner, any provisions of this title, or any other law of this state regulating or providing for the taxation of motor vehicles.
(d) In order to provide for the publication and maintenance of just and reasonable joint-line rates, routes, classifications, and mileage guides, the commission commissioner may establish a collective rate-making procedure for all motor carriers of property who elect to participate.
46-7-16.
(a) Before any motor carrier engaged solely in interstate commerce under authority issued by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall obtain from the commission commissioner or the carrier's designated base state a registration receipt issued pursuant to rules adopted by the Interstate Commerce Commission or any successor agency as determined by federal law.
(b) Before any motor carrier engaged solely in interstate operations exempt from regulation by the Interstate Commerce Commission shall operate any motor vehicle on or over any public highway of this state, it shall first:
(1) Secure a registration permit from the Georgia Public Service Commission commissioner by making application therefor on forms supplied by the commission commissioner and paying a $25.00 filing fee. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by application to the commission commissioner on forms supplied by the commission and payment of a $5.00 filing fee;
(2) Annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commission commissioner for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such permit, in such manner and form as the commission commissioner may by rule or regulation prescribe, and shall pay to the commission commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. Notwithstanding any other provision of this Code section, the Georgia Public Service Commission commissioner is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00; and
(3) Give the bond or indemnity insurance prescribed by this article, omitting the protection in respect to their own passengers and cargoes.
(c) Motor carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other registration and identification requirements contained in subsection (b) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission commissioner of a fee of $8.00 for each vehicle so registered; and upon such payment, the commission commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit.
(d) Where a carrier has not previously qualified with the commission commissioner to operate in interstate exempt or intrastate commerce in Georgia pursuant to this Code section and thus has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for in

Wednesday, March 22, 2000

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subsection (c) of this Code section will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the commission commissioner as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle registration permit provided for in this Code section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle.
(e) Nothing in this Code section shall limit the authority of the Georgia Public Service Commission commissioner to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, Section 302(b)(2), as provided in Code Section 46-7-91.
(f) It shall not be necessary for any motor carrier to obtain a certificate of public convenience from the Georgia Public Service Commission commissioner when such carrier is engaged solely in interstate commerce over the public highways of this state.
46-7-17.
(a) Each nonresident motor common or contract carrier shall, before any certificate or permit is issued to it under this article or at the time of registering as required by Code Section 46-7-16, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations; and service of process upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the commission commissioner. Upon failure of any nonresident motor carrier to file such designation with the commission commissioner or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail by the Secretary of State or his or her successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his or her office two copies of such process with a fee of $10.00.
(b) Except in those cases where the Constitution of Georgia requires otherwise, any action against any resident or nonresident motor common or contract carrier for damages by reason of any breach of duty, whether contractual or otherwise, or for any violation of this article or of any order, decision, rule, regulation, direction, demand, or other requirement established by the commission commissioner, may be brought in the county where the cause of action or some part thereof arose; and if the motor common or contract carrier or its agent shall not be found for service in the county where the action is instituted, a second original may issue and service be made in any other county where the service can be made upon the motor common or contract carrier or its agent. The venue prescribed by this Code section shall be cumulative of any other venue provided by law.
46-7-18.
The commission commissioner shall prescribe just and reasonable rates, fares, and charges for transportation by motor common and contract carriers of passengers and household goods and for all services rendered by motor common and contract carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the commission commissioner may prescribe. Such tariffs shall also be subject to change on such notice and in such manner as the commission commissioner may prescribe. In order to carry out the purposes of this Code section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the commission commissioner shall establish a collective rate-making procedure for all carriers of passengers and household goods. Failure on the part of any motor common or contract carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said carrier's operating authority by the commission commissioner.

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46-7-19.
No motor common or contract carrier of passengers or household goods shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation of passengers and property or for any service rendered in connection therewith than the rates, fares, and charges prescribed or approved by order of the commission commissioner; nor shall any such motor carrier unjustly discriminate against any person in its rates, fares, or charges for service. The commission commissioner may prescribe, by general order, to what persons motor common and contract carriers of passengers or household goods may issue passes or free transportation; may prescribe, upon the same terms and conditions as apply to railroad carriers, reduced rates for special occasions; and may fix and prescribe rates and schedules.
46-7-20.
Motor common or contract carriers of passengers shall not be compelled to carry baggage of passengers, except hand baggage, the character, amount, and size of which the motor carrier may limit by its rules and regulations, subject to the approval of the commission commissioner; and the commission commissioner may by rule or regulation limit the amount of the liability of the motor carrier therefor. If a motor carrier shall elect to carry the personal baggage of passengers (other than hand baggage), the commission commissioner shall prescribe just and reasonable rates therefor and such other rules and regulations with respect thereto as may be reasonable and just, and may by rule or regulation limit the amount of the liability of the motor carrier therefor.
46-7-21.
Reserved.
46-7-22.
Reserved.
46-7-23.
The commission commissioner shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this article, which books and accounts shall be preserved for such reasonable time as may be prescribed by the commission commissioner. The books and records of every certificate holder shall be at all times open to the inspection of the commission commissioner or any agent appointed by the commission of the department for such purpose. The commission commissioner shall have the power to examine the books and records of all motor carriers to whom it he or she has granted certificates or permits to operate under this article and to examine under oath the officers and agents of any motor carrier with respect thereto.
46-7-24.
Motor carriers shall observe the laws of this state in respect to size, weight, and speed of their vehicles. Intrastate motor carriers of passengers shall, and interstate motor carriers of passengers may, file with the commission commissioner the schedules upon which they propose to operate their vehicles, which schedules shall be such that the net running time of vehicles between terminal points shall not exceed the lawful speed limit; and any motor carrier of passengers filing such a schedule shall be allowed to operate his or her vehicles on the highway at a rate of speed not exceeding the lawful speed limit in order to maintain a schedule so filed.
46-7-25.
Reserved.
46-7-26.

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2535

The commission commissioner shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commission commissioner shall include the following:
(1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commission commissioner shall from time to time promulgate;
(2) Every driver employed to operate a motor vehicle for a motor common or contract carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge;
(3) Accidents arising from or in connection with the operation of motor common or contract carriers shall be reported to the commission commissioner in such detail and in such manner as the commission commissioner may require; and
(4) The commission commissioner shall require every motor common and contract carrier to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the commission commissioner.
46-7-27.
The commission commissioner is authorized to adopt such rules and orders as it may deem necessary in the enforcement of this article. Such rules and orders so approved by the commission commissioner shall have the same dignity and standing as if such rules and orders were specifically provided in this article.
46-7-28.
Reserved.
(a)-The commission is authorized to employ such persons as may be necessary, in the discretion of the commission, for the proper enforcement of this article, the salaries for such employees to be fixed by the commission. The traveling expenses of the commission and its employees incurred in the implementation of this article shall be paid out of the funds derived under this article.
(b)-The commission is vested with police powers and authority to designate, deputize, and delegate to employees of the commission the necessary authority to enforce this article, including the power to stop and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with the provisions of this article and all other laws regulating the use of the public highways by motor vehicle common and contract carriers, and to arrest all persons found in violation thereof. In addition and incidental to the powers of enforcement personnel to inspect motor vehicles and to determine whether such vehicles are complying with laws relating to the use of the public highways by motor carriers, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act.'
46-7-29.
Reserved.
In any case pending before the commission pursuant to this article, the commission shall be authorized to delegate any of its authority under this article to designated employees of the commission; and decisions of such employees shall have the same effect as decisions of the commission; provided, however, that any party to a proceeding who is aggrieved by a final decision of an employee of the commission shall have the right of appeal from such decision. Any such appeal shall be considered by the commission. Any party who has on or after July 1, 1984, and prior to July 1, 1985, appealed a final decision of an employee of the commission and had such appeal determined other than

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by the commission itself may further appeal such decision to the commission itself, if a written request for such further appeal is filed not later than July 31, 1985. The appeal shall in all other cases be filed no later than the tenth day after the decision of the employee, and the commission shall set the date for the hearing of the appeal.
46-7-30.
The commission commissioner is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief.
46-7-31.
Any motor carrier which operates on the public highways of this state without the required certificate of public convenience and necessity or permit, or after such certificate or permit has been canceled, or without having registered its vehicle or vehicles as provided for in this article, or which operates otherwise than is permitted by the terms of such certificate or permit or the laws of this state may be enjoined from operating on the public highways of this state upon the bringing of a civil action by the commission commissioner, by a competing motor carrier or rail carrier, or by any individual.
46-7-32.
Nothing in this article or any other law shall be construed to vest in the owner, holder, or assignee of any certificate of public convenience and necessity or permit issued under this article any vested right to use the public highways of this state and shall not be construed to give to any motor carrier any perpetual franchise over such public highways.
46-7-33.
In all respects in which the commission commissioner has power and authority under this article, proceedings may be instituted, complaints made and filed with it, process issued, hearings held, and opinions, orders, and decisions made and filed. Any final order of the commission commissioner may be reviewed by any court of competent jurisdiction under the conditions and subject to the limitations prescribed by law which relate to the commission commissioner.
46-7-34.
(a) All certificates of public convenience and necessity to operate as a motor common or contract carrier of passengers or household goods issued prior to January 1, 1995, shall continue in full force and effect until revoked by the commission commissioner or surrendered by the holders thereof.
(b) All certificates of public convenience and necessity authorizing transportation of property and all registration permits for intrastate exempt commodity transportation that were in effect on December 31, 1994, shall be deemed null and void as of midnight December 31, 1994, and revoked by operation of law effective January 1, 1995. All persons holding certificates of public convenience and necessity authorizing transportation of property and all persons holding registration permits for intrastate exempt commodity transportation issued prior to January 1, 1995, who received a motor carrier of property permit from the commission Public Service Commission pursuant to its emergency rules shall be deemed to hold a motor carrier of property permit issued under Code Section 46-7-15.1.
(c) Any person holding a certificate of public convenience and necessity authorizing transportation of property issued prior to January 1, 1995, and any person holding a registration permit for intrastate exempt commodity transportation issued prior to January 1, 1995, who did not apply for a motor carrier of property permit pursuant to the commission's Public Service Commission's rules on or before July 15, 1995, shall be deemed to have surrendered all rights to operate as a motor carrier for hire in Georgia and may not operate any motor carrier on or over any public highway of this state without first securing a motor carrier of property permit from the commission commissioner, upon application and payment of the required application fee.
46-7-35.

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2537

Reserved.
46-7-36.
In circumstances where a motor common or contract carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this article so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the Georgia Public Service Commission commissioner shall have the power of regulating the interstate commerce of such motor carrier, except to the extent expressly authorized by this article as to such commerce. Code Sections 46-7-14 and 46-7-18 through 46-7-20 and 46-7-23 do not apply to purely interstate commerce nor to carriers exclusively engaged in interstate commerce. When a motor common or contract carrier is engaged in both intrastate and interstate commerce, it shall be subject to all the provisions of this article so far as they separately relate to commerce carried on in this state.
46-7-37.
(a) Except as otherwise provided in subsection (b) of this Code section, this article shall not apply to private carriers engaged exclusively in the transportation of goods belonging to the individual, firm, partnership, corporation, or association owning, controlling, operating, or managing the motor vehicle in private transportation over any public highway in this state.
(b) The commission commissioner shall have the authority to promulgate rules designed to promote safety of private carriers. Every motor vehicle of a private carrier and all parts thereof shall be maintained in a safe condition at all times; and the carrier's equipment shall meet such safety requirements as the commission commissioner shall from time to time promulgate.
(c) Private carriers are not required to hold certificates of public convenience and necessity or registration permits issued by the commission commissioner.
46-7-38.
(a) Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the rates, fares, or charges established or approved by the commission commissioner for motor common or contract carriers of passengers or household goods, or who procures, aids, or abets therein, or who uses or accepts from such motor carrier any free pass or free transportation not authorized or permitted by law or by the orders, rules, or regulations of the commission commissioner, or who procures, aids, or abets therein, shall be guilty of a misdemeanor.
(b) The possession of goods, wares, or merchandise loaded on a motor vehicle consigned to any person, firm, or corporation, being transported or having been transported over the public highways in this state, without the authority of a permit or certificate for so transporting having been issued by the commission commissioner under this article, shall be prima-facie evidence that such transportation of such goods, wares, or merchandise was an intentional violation of the law regulating the transportation of persons and property over the public highways in this state.
(c) Any person claiming the benefit of any exception made in this article shall have the burden of proving that he or she falls within the exception.
46-7-39.
Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this article relating to the regulation of motor carriers, or any order, rule, or regulation of the commission commissioner, or who procures, aids, or abets therein, shall be guilty of a misdemeanor.
ARTICLE 2
46-7-50 through 46-7-79.

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Reserved.
ARTICLE 3
46-7-85.1.
As used in this article, the term:
(1) 'Certificate' means a certificate of public convenience and necessity issued by the Public Service Commission commissioner.
(2) 'Chauffeur' means any person with a Georgia state driver's license who meets the qualifications as prescribed in Code Section 46-7-85.10 and who is authorized by the Public Service Commission commissioner to drive a limousine under this article.
(3) 'Commission' 'Commissioner' means the Public Service Commission commissioner of motor vehicle safety.
(3.1) 'Department' means the Department of Motor Vehicle Safety.
(4) 'Limousine' means any motor vehicle that meets the manufacturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine.
(5) 'Limousine carrier' means any person operating a service regularly rendered to the public by furnishing transportation as a motor common carrier for hire, not over fixed routes, by means of limousines, or extended limousines, on the basis of telephone contract or written contract.
(6) 'Person' means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof.
(7) 'Public highway' means every public street, road, or highway in this state.
46-7-85.2.
No limousine carrier shall operate any limousine for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article.
46-7-85.3.
No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the commissioner commissioner a certificate of public convenience and necessity to do so.
46-7-85.4.
(a) The commission commissioner shall prescribe the form of the application for the certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its his or her judgment, be necessary and may establish fees as part of such certificate process.
(b) A certificate shall be issued to any qualified applicant, provided that such applicant is a limousine carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this article and the rules and regulations of the commission commissioner and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle.

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46-7-85.5.
(a) It shall be the duty of the commission commissioner to regulate limousine carriers with respect to the safety of equipment.
(b) The commission department shall perform safety and mechanical inspections at least on an annual basis for each vehicle owned and operated by a limousine carrier.
46-7-85.6.
No certificate issued under this article may be leased, assigned, or otherwise transferred or encumbered unless authorized by the commission commissioner.
46-7-85.7.
The commission commissioner may cancel, revoke, or suspend any certificate issued under this article on any of the following grounds:
(1) The violation of any of the provisions of this article;
(2) The violation of an order, decision, rule, regulation, or requirement established by the commission commissioner pursuant to this article;
(3) Failure of a limousine carrier to pay a fee imposed on the carrier within the time required by law or by the commission commissioner;
(4) Failure of a limousine carrier to maintain required insurance in full force and effect; and
(5) Failure of a limousine carrier to operate and perform reasonable services.
46-7-85.8.
After the cancellation or revocation of a permit or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier.
46-7-85.9.
Pursuant to rules and regulations prescribed by the commission commissioner, each chauffeur employed by a limousine carrier shall register with the commission commissioner and secure a permit as a limousine chauffeur. A chauffeur's permit issued under this subsection shall be upon a form prescribed by the commission commissioner and shall bear thereon a distinguishing number assigned to the permittee, the full name and a photograph of the permittee, and such other information or identification as is required by the commission commissioner. Every chauffeur employed by a limousine carrier shall have his or her chauffeur's permit in his or her immediate possession at all times while operating a limousine. All applications for a chauffeur's permit shall be accompanied by such fee as the commission commissioner shall prescribe. The chauffeur's permit shall be valid for two calendar years. The commission commissioner may issue a chauffeur's permit by mail.
46-7-85.10.
In order to secure a chauffeur's permit, an applicant must provide the following information on a form provided by the commission commissioner. The applicant must:
(1) Be at least 18 years of age;

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(2) Possess a valid Georgia driver's license which must have been held for a minimum period of one year prior to application, and said license must not be limited as defined in Code Section 40-5-64; and
(3)(A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs, child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation.
(B) If at the time of application the applicant is charged with any of the offenses prescribed in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction.
46-7-85.11.
The State of Georgia fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this article; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that counties and municipalities may enact ordinances and regulations which require limousine carriers which are domiciled within their boundaries to pay business license fees.
46-7-85.12.
A limousine carrier operating under a certificate issued by the commission commissioner shall be required to file with the commission commissioner a tariff of rates and charges.
46-7-85.13.
Before the commission commissioner shall enter any order, regulation, or requirement directed against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter.
46-7-85.14.
A limousine carrier may obtain a temporary permit for a period of 21 consecutive days beginning and ending on the dates specified on the face of the permit. Temporary permits shall be obtained by limousine carriers which make only infrequent trips within and through this state. The fee for each temporary certificate shall be $100.00 per week and $20.00 for each vehicle. No temporary permit shall be issued without the commission commissioner having first received satisfactory proof that it the carrier meets the insurance requirements of the rules and regulations of the commission commissioner. A temporary permit shall be carried in the motor vehicle for which it was issued at all times such vehicle is in this state. The commission commissioner may issue a temporary permit by facsimile message or letter. Any chauffeur operating a limousine under a temporary permit issued pursuant to this Code section shall be required to obtain a chauffeur's permit.
46-7-85.15.
Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following information: (1) limousine company name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE-1. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service and no

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later than May 1, 1994, for all such vehicles currently owned and to be registered and operated by a limousine carrier.
46-7-85.16.
Reserved. Any person doing business in this state as a limousine carrier who is registered as such with the commission as of May 1, 1994, shall be entitled to be issued a certificate required under this article by the commission authorizing such person to continue doing business as a limousine carrier provided that such person submits a proper application and pays the required fees.
46-7-85.17.
The commission commissioner shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions of this article.
ARTICLE 4 Reserved.
46-7-90.
(a)-The Governor is authorized and directed to negotiate and consummate, with the proper authorities of the several states of the United States, the District of Columbia, and the territories and possessions of the United States, valid and binding reciprocal agreements whereby residents of such states, the District of Columbia, and the territories and possessions of the United States, operating motor vehicles as motor common carriers and motor contract carriers properly licensed and registered in their respective jurisdictions, may have the same or substantially the same privileges or exemptions in the operation of their motor vehicles in this state as residents of this state may have and enjoy in the operation, in such other jurisdictions, of their motor vehicles properly licensed and registered in this state. Notwithstanding any other provision of law to the contrary, the Governor may likewise negotiate and consummate valid and binding reciprocal agreements with the proper authorities of said jurisdictions relating to the suspension, revocation, cancellation, and reinstatement of motor vehicle drivers' licenses. In the making of such agreements, due regard shall be had for the benefit and convenience of the motor vehicle owners and other citizens of this state.
(b)-The Governor may likewise enter into agreements or arrangements with the duly authorized representatives of other jurisdictions relating to the proportional registration of commercial vehicles in interstate or intrastate commerce. The Governor may adopt and promulgate such rules and regulations as shall be necessary to effectuate and administer the provisions contained in this article.
(c)-The Governor, or a commission appointed by him, and the Public Service Commission shall give proper publicity to the terms of every reciprocal agreement entered into by them or by either of them pursuant to this article; and they are authorized and empowered to promulgate rules and regulations for the observance and enforcement of the terms of such agreement, which rules and regulations shall have the force and effect of law.
46-7-91.
The commission is authorized to negotiate and consummate with the proper authorities of other states reciprocal agreements whereby residents of such states who are operating motor common carriers or motor contract carriers licensed in their respective states may be granted the same privileges and exemptions of the operation of said motor vehicles in this state as residents of this state may have and enjoy in such other states in the operation of motor vehicles duly licensed in this state. The commission is authorized only to enter into reciprocal agreements insofar as the qualifications enforced, licenses issued, and fees collected by it are concerned; and in making such reciprocal agreements, the commission shall have due regard for the advantage and convenience of the citizens of this state.
46-7-92.

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Any and all reciprocal agreements entered into by the commission shall be subject to confirmation by Act or resolution of the General Assembly and shall not be of force and effect until the passage of such and its approval by the Governor, except such agreements as may be entered into while the General Assembly is not in session; in which case the same shall be submitted by the commission to the General Assembly not later than the tenth day of its next session; whereupon the General Assembly may confirm or reject such agreements by appropriate Act or resolution approved by the Governor; but pending passage and approval of such Act or resolution of confirmation or rejection, the agreements made during the adjournment of the General Assembly shall be of full force and effect according to their terms.
46-7-93.
All reciprocal agreements entered into by the while the General Assembly is not in session shall be approved by the Governor. No reciprocal agreement shall be made or approved under this article except that manifest advantage will accrue therefrom to the citizens of this state.
46-7-94.
Nothing in this article shall be construed to authorize the Governor or his designee to make reciprocal agreements concerning the licenses issued and fees collected by the commission.
ARTICLE 5 Reserved.
46-7-100.
Any motor common carrier or motor contract carrier operating in intrastate or interstate commerce in this state under authority granted by the commission or the Interstate Commerce Commission may obtain a motor vehicle safety inspection of any of its vehicles domiciled in Georgia upon written request to the commission and upon payment of a $5.00 inspection fee per vehicle for which a safety inspection is performed.
(b)-The commission will arrange for inspection of any vehicle as expeditiously as possible. Inspections will be performed at a place or places and at times mutually agreed upon by the motor common carrier or motor contract carrier and the commission.
(c)-Upon completion of the vehicle safety inspection by the commission personnel or, in the case of deficiencies, upon completion of repairs of all deficiencies found during the inspection and noted on the inspection report, the commission shall issue to the motor common carrier or motor contract carrier a decal certifying that the vehicle was inspected by the commission and meets the motor carrier vehicle safety regulations of the commission.
(d)-Each decal issued shall be valid for 12 months and shall contain an expiration date.
46-7-101.
(a)-Any private carrier operating in this state may obtain a motor vehicle safety inspection of any of its vehicles domiciled in Georgia upon written request to the commission and upon payment of a $5.00 inspection fee per vehicle for which a safety inspection is performed.
(b)-The commission will arrange for inspection of any vehicle as expeditiously as possible. Inspections will be performed at a place or places and at times mutually agreed upon by the private carrier and the commission. In addition and incidental to the powers of enforcement personnel to inspect such motor vehicles of private carriers and to determine whether such vehicles are complying with safety requirements, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act.'

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(c)-Upon completion of the vehicle safety inspection by the commission personnel or, in the case of deficiencies, upon completion of repairs of all deficiencies found during the inspection and noted on the inspection report, the commission shall issue to the private carrier a decal certifying that the vehicle was inspected by the commission and meets the same vehicle safety regulations required by the commission for motor common carriers or motor contract carriers.
(d)-Each decal issued shall be valid for 12 months and shall contain an expiration date."
PART X
SECTION 10-1.
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking Chapter 11, relating to transportation of hazardous materials, and inserting in its place a new chapter to read as follows:
"CHAPTER 11
46-11-1.
This chapter shall be known and may be cited as the 'Transportation of Hazardous Materials Act.'
46-11-2.
The General Assembly finds that the transportation of hazardous materials on the public roads of this state presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of Georgia and that the protection of the public health, safety, and welfare requires control and regulation of such transportation to minimize that hazard; to that end this chapter is enacted. The Public Service Commission Department of Motor Vehicle Safety is designated as the agency to implement this chapter.
46-11-3.
As used in this chapter, the term:
(1) 'Carrier' means any person engaged in the transportation on the public roads of this state of goods or property in, to, or through this state, whether or not such transportation is for hire.
(2) 'Commission' 'Commissioner' means the Public Service Commission commissioner of motor vehicle safety.
(3) 'Hazardous material' means and includes radioactive materials, liquefied natural gas (LNG), and polychlorinated biphenyl (PCB).
(4) 'Person' means and includes any individual, corporation, partnership, association, state, municipality, political subdivision of a state, and any agency or instrumentality of the United States government or any other entity and includes any officer, agent, or employee of any of the above.
(5) 'Shipper' means any person who arranges for, provides for, solicits a carrier for, consigns to a carrier for, or contracts with a carrier for shipment or transport of goods or property.
46-11-4.
(a) Notwithstanding any other provision of law to the contrary, any person transporting hazardous material on the public roads of this state shall be subject to the requirements of this chapter.
(b) No person, including the state or any agency thereof, shall transport hazardous material in, to, or through this state on the public roads of this state, whether or not the hazardous material is for delivery in this state and whether

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or not the transportation originated in this state; nor shall any person deliver in this state any hazardous material to any person for transportation; nor shall any such person accept any hazardous material for transportation in this state without compliance with the following requirements: such materials shall be packaged, marked, labeled, handled, loaded, unloaded, stored, detained, transported, placarded, and monitored in compliance with rules and regulations promulgated by the commission commissioner pursuant to this chapter and consistent with federal law. Compliance with such rules and regulations shall be in addition to and supplemental of other regulations of the United States Department of Transportation, United States Nuclear Regulatory Commission, Georgia Department of Human Resources, and state fire marshal, applicable to such persons.
(c) The commission commissioner shall promulgate rules and regulations such that no person shall arrange for the transportation of or cause to be transported in, to, or through this state on the public roads of this state any hazardous material unless such person shall notify the commission commissioner or its his or her designee in accordance with such rules and regulations.
(d) Knowledge by a shipper that a carrier proposes to transport hazardous material in or through this state on the public roads of this state shall be sufficient contact with this state to subject such shipper to the jurisdiction of the courts of this state with respect to such transport.
(e) No transportation of hazardous material shall take place in or through this state until the commission or its commissioner or his or her designee issues a permit authorizing the applicant to operate or move upon the state's public roads a motor vehicle or combination of vehicles which carry hazardous materials. The commission or its commissioner or his or her designee may require changes in the proposed dates, times, routes, detention, holding, or storage of such materials during transport as necessary to maximize protection of the public health, safety, welfare, or the environment. The commission commissioner is authorized to promulgate reasonable rules and regulations which are necessary or desirable in governing the issuance of permits, provided that such rules and regulations are not in conflict with other provisions of law.
(f) Every such permit shall be carried in the vehicles or combination of vehicles to which it refers and shall be open to inspection by any law enforcement officer or employee of the commission Department of Motor Vehicle Safety who has been given enforcement authority by the commission commissioner.
(g) For just cause, including, but not limited to, repeated and consistent past violations, the commission commissioner may refuse to issue or may cancel, suspend, or revoke the permit of an applicant or permittee.
(h)(1) The commission commissioner or the official designated by the commission commissioner, pursuant to this Code section and the rules and regulations developed by the commission commissioner, may issue an annual permit which shall allow vehicles transporting hazardous materials to be operated on the public roads of this state for 12 months from the date the permit is issued.
(2) The commission commissioner or the official designated by the commission commissioner, pursuant to this Code section, and the rules and regulations developed by the commission commissioner, may issue a single-trip permit to any vehicle.
(i) The commission commissioner may charge a fee for the issuance of permits. The fee for the issuance of annual trip permits shall be $100.00. Annual trip permits previously issued by the Department of Transportation during calendar years 1984 and 1985 shall be valid until the date of expiration shown on the permit unless canceled, suspended, or revoked prior to the date of expiration by the commission. The fee for the issuance of single-trip permits shall be established by rules and regulations promulgated by the commission commissioner.
(j) For purposes of this chapter, the commission commissioner is expressly authorized to contract with the Department of Public Safety, the Department of Human Resources, or other state agencies or departments to perform any activities necessary to implement this chapter.
(k) Notwithstanding any other provisions of this chapter, the commission commissioner is authorized to establish such exceptions or exemptions from the requirements of this chapter, or any provision hereof, for such kinds,

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quantities, types, or shipments of hazardous materials as it shall deem appropriate, consistent with the protection of the public health, safety, and welfare.
(l) This chapter shall not apply to the transportation, delivery, or acceptance for delivery of radioactive materials inside the confines of the authorized location of use of any person authorized to use, possess, transport, deliver, or store radioactive materials by the Department of Human Resources pursuant to Chapter 13 of Title 31 or by the United States Nuclear Regulatory Commission; nor shall this chapter apply to the transportation, delivery, or acceptance for transportation of radioactive materials under the direction or supervision of the United States Nuclear Regulatory Commission or the United States Department of Defense where such transportation, delivery, or acceptance for transportation is escorted by personnel designated by or under the authority of those agencies.
(m) This chapter shall not apply to interstate pipeline facilities which are subject to the jurisdiction of the United States Department of Transportation under the Natural Gas Pipeline Safety Act of 1968.
(n) In the event of any damage to state property or any discharge of hazardous materials from the authorized shipping package or container or any threat of such discharge which results from the transportation, storage, holding, detention, delivery for transportation, or acceptance for transportation of hazardous materials in this state, the state may recover from any shipper, carrier, bailor, bailee, or any other person responsible for such storage, transportation, holding, detention, delivery, or acceptance all costs incurred by the state in the reparation of the damage and all costs incurred in the prevention, abatement, or removal of any such discharge or threatened discharge, including reasonable attorney's fees incurred with respect to recovery.
(o) Notwithstanding any other provisions of law, a bond or indemnity insurance required of carriers shall be established by rules and regulations of the commission commissioner and shall for all persons subject to this chapter, whether intrastate or interstate carriers, be at least in the maximum amount or amounts authorized or required by federal law or regulations.
(p) In addition to any other liability imposed by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor.
46-11-5.
The commission commissioner is authorized and empowered to adopt, promulgate, amend, repeal, or modify such standards, rules, and regulations and to issue such orders, authorizations, or amendments or modifications thereof as are necessary to implement this chapter. Any standards, rules, or regulations adopted pursuant to this chapter, if consistent with the applicable laws relating to adoption of such standards, rules, or regulations, shall have the force and effect of law.
46-11-6.
(a) The commission commissioner is authorized to employ such persons as may be necessary, in the discretion of the commission commissioner, for the proper enforcement of this chapter, the salaries for such employees to be fixed by the commission commissioner. The traveling expenses of the commission and its employees incurred in the implementation of this chapter shall be paid out of the funds derived under this chapter.
(b) The commission commissioner is vested with police powers and authority to designate, deputize, and delegate to employees of the commission Department of Motor Vehicle Safety the necessary authority to enforce this chapter, including the power to stop and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with the provisions of this chapter and all other laws regulating the use of the public highways by motor vehicles, and to arrest all persons found in violation thereof."
PART XI
SECTION 11-1.

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Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-5-474, relating to return of motor vehicles for taxation, and Code Section 48-5-475, relating to sale of motor vehicle license plates, and inserting in their place new Code sections to read as follows:
"48-5-474.
The application for registration of a motor vehicle and for the purchase of a license plate for the motor vehicle shall constitute the return of that motor vehicle for ad valorem taxation but only if ad valorem taxes are due at the time of registration. The state revenue commissioner is and the commissioner of motor vehicle safety are directed to jointly prescribe a form for the application for registration which shall provide the information needed by the tax commissioner or tax collector in determining the amount of taxes due under this article.
48-5-475.
All original motor vehicle license plates shall be sold by the tax collector or tax commissioner of the several counties. Such officials are designated as agents of the commissioner of motor vehicle safety for the purpose of accepting applications for the registration of motor vehicles and as agents of the state revenue commissioner for purposes of collecting ad valorem taxes in connection with the registration of motor vehicles. The duties and responsibilities incident to the exercise of this designation shall be a part of the official duties and responsibilities of the various tax collectors and tax commissioners."
SECTION 11-2.
Said Title 48 is further amended in Code Section 48-10-1, relating to definitions applicable to motor vehicle license plates and license fees, by adding a new paragraph (.2) to read as follows:
"(.2) 'Commissioner' means the commissioner of motor vehicle safety."
PART XII
SECTION 12-1.
Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-6-11, relating to arrest or citation for traffic offenses, and inserting in its place a new Code section to read as follows:
"17-6-11.
(a) Any other laws to the contrary notwithstanding, any person who is apprehended by an officer for the violation of the laws of this state or ordinances relating to: (1) traffic, including any offense under Code Section 40-5-72 or 40-610, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of public motor vehicle safety, any offense covered under Code Section 40-5-54, or any offense covered under Article 15 of Chapter 6 of Title 40; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such apprehending officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may display his or her driver's license to the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his or her appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the apprehending officer and held for further action by the appropriate judicial officer. The apprehending officer shall note the driver's license number on the official summons. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter.
(b) Upon display of the driver's license, the apprehending officer shall release the person so charged for his or her further appearance before the proper judicial officer as required by the summons. The court in which the charges are lodged shall immediately forward to the Department of Public Motor Vehicle Safety of this state the driver's license

Wednesday, March 22, 2000

2547

number if the person fails to appear and answer to the charge against him or her. The commissioner of public motor vehicle safety shall, upon receipt of a license number forwarded by the court, suspend the driver's license and driving privilege of the defaulting person until notified by the court that the charge against the person has been finally adjudicated. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays to the Department of Public Motor Vehicle Safety a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail.
(b.1) It shall be the duty of a law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a fatal injury to examine immediately the driver's license of the victim to determine the victim's wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, it shall be the duty of such law enforcement officer or emergency medical technician to take appropriate action to ensure, if possible, that the victim's organs shall not be imperiled by delay in verification by the donor's next of kin.
(c) Nothing in this Code section bars any law enforcement officer from arresting or from seizing the driver's license of any individual possessing a fraudulent license or a suspended license or operating a motor vehicle while his or her license is suspended, outside the scope of a driving permit, or without a license.
(d) The commissioner of public motor vehicle safety shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this Code section and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Code section."
SECTION 12-2.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 168-85, relating to forfeiture of property seized in connection with motor vehicle chop shops, by striking paragraph (2) of subsection (f) and subsections (k), (l), and (r) and inserting in their respective places new provisions to read as follows:
"(2) The prosecutor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Department of Revenue Motor Vehicle Safety, the Department of Transportation, the Federal Aviation Agency, or any other department or agency of this state, any other state or territory of the United States, or of the federal government if such property is required to be registered with any such department or agency."
"(k) No motor vehicle or motor vehicle part shall be forfeited under this Code section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable shall be the subject of a written report sent by the seizing agency to the Department of Revenue Motor Vehicle Safety, which report shall include a description of the motor vehicle or motor vehicle part, including its color, if any; the date, time, and place of its seizure; the name of the person from whose possession or control it was seized; the grounds for its seizure; and the location where the same is held or stored.
(l) When a seized unidentifiable motor vehicle or motor vehicle part has been held for 60 days or more after the notice to the Department of Revenue Motor Vehicle Safety specified in subsection (k) of this Code section has been given, the seizing agency, or its agent, shall cause the motor vehicle or motor vehicle part to be sold at a public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous place for at least 30 days prior to the sale on the premises where the motor vehicle or motor vehicle part has been stored."
"(r) When an applicant for a certificate of title or salvage certificate of title presents to the Department of Revenue Motor Vehicle Safety proof that the applicant purchased or acquired a motor vehicle at public sale conducted pursuant to this Code section and such fact is attested to by the seizing agency, the Department of Revenue Motor Vehicle Safety shall issue a certificate of title or a salvage certificate of title, as determined by the commissioner of revenue motor vehicle safety, for such motor vehicle upon receipt of the statutory fee, a properly executed application for a certificate of title or other certificate of ownership, and the affidavit of the seizing agency that a state assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser."

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SECTION 12-3.
Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking Code Section 35-2-5, relating to the commissioner of public safety as an officer of the uniform division, and inserting in its place a new Code section to read as follows:
"35-2-5.
The As prescribed by the board, the commissioner shall may rank as senior colonel in the Uniform Division and shall may be the chief officer thereof or the board may appoint a colonel in the Uniform Division as the chief officer thereof."
SECTION 12-4.
Said Title 35 is further amended by striking Code Section 35-2-37, relating to employment of communications officers and license examiners by the Department of Public Safety, and inserting in its place a new Code section to read as follows:
"35-2-37.
(a) To support the battalion, the commissioner, with the approval of the board, is authorized to employ such communications officers as may be necessary, within the limits set by available appropriations. Such personnel shall not be considered members of the Uniform Division. Communications officers may be divided into such ranks or categories as the commissioner, with the approval of the board, deems appropriate.
(b)-To support the battalion, the commissioner, with the approval of the board, is authorized to employ such license examiners as may be necessary, within the limits set by available appropriations. The commissioner shall provide the license examiners with proper uniforms, suitable to the season, which shall remain the property of the state. License examiners may be divided into such ranks or categories as the commissioner, with the approval of the board, deems appropriate. License examiners shall not be considered members of the Uniform Division."
SECTION 12-5.
Said Title 35 is further amended by striking subsection (a) of Code Section 35-2-42, relating to personnel matters within the Department of Public Safety, and inserting in its place a new subsection to read as follows:
"(a) All members of the Uniform Division, all communications officers, all license examiners, and all recruits or cadets shall be governed by rules and regulations as now or hereafter established under Chapter 20 of Title 45."
SECTION 12-6.
Said Title 35 is further amended by striking Code Sections 35-2-46 through 35-2-49, relating to employment, dismissal, and equipment of Department of Public Safety personnel, and inserting in their place new Code sections to read as follows:
"35-2-46.
All officers, troopers, and communications officers, and driver's license examiners who are in the classified service of the state merit system may be dismissed from their employment with the department only in accordance with Chapter 20 of Title 45 and the rules and regulations promulgated thereunder.
35-2-47.

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2549

All officers, troopers, and communications officers, and driver's license examiners who are in the classified service of the state merit system may be suspended pending their dismissal from employment with the department as provided in Chapter 20 of Title 45 or the rules and regulations promulgated thereunder.
35-2-48.
Repealed.Reserved.
35-2-49.
The commissioner shall, within the limit of the appropriation, provide the members of the Uniform Division of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first-aid outfits, weapons, motor vehicles with radio equipment, and all other necessary supplies and equipment for the purpose of carrying out this article, the same to remain the property of the state; provided, however, that after a member has accumulated 25 years of service in the Uniform Division of the Department of Public Safety, upon leaving the division under honorable conditions, such member shall be entitled, as part of his or her compensation, to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. The commissioner shall also, within the limit of the appropriation, provide proper uniforms and equipment to radio operators and driver's license examiners. After a radio operator or driver's license examiner has accumulated 25 years of service with the department, upon leaving the department under honorable conditions, such radio operator or driver's license examiner shall be entitled, as part of his or her compensation, to retain his or her badge pursuant to regulations promulgated by the commissioner."
SECTION 12-7.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking paragraphs (1) and (3) of Code Section 43-13-2, relating to definitions applicable to regulation of driver training schools, and inserting in their respective places the following:
"(1) 'Department' means the Department of Public Motor Vehicle Safety acting directly or through its duly authorized officers and agents."
"(3) 'Driver's license examiners' means examiners appointed by the Department of Public Motor Vehicle Safety for the purpose of giving driver's license examinations."
SECTION 12-8.
Said Title 43 is further amended by striking subsection (b) of Code Section 43-13-6, relating to licensure of driver training schools, and inserting in its place a new subsection to read as follows:
"(b) All licenses issued to driver training schools or driver training instructors pursuant to this chapter shall be valid for four years from the date of issuance unless sooner canceled, suspended, or revoked under Code Section 43-13-7. All licenses shall be renewed through the Department of Public Safety department as provided in subsection (d) of this Code section and shall be valid for four years from the date of renewal."
SECTION 12-9.
Said Title 43 is further amended by striking Code Section 43-13-8, relating to promulgation of rules applicable to driver training schools, and inserting in its place a new Code section to read as follows:
"43-13-8.
The Board of Public Safety commissioner of motor vehicle safety is authorized to prescribe, by rule, standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and to adopt other reasonable rules and regulations to carry out this chapter."

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SECTION 12-10.

Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking paragraph (6) of Code Section 45-9-81, relating to definitions applicable to indemnification of public employees, and inserting in its place a new paragraph to read as follows:

"(6) '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 juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, 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 Juvenile Justice or who have broken the conditions of supervision and. With respect to periods of time prior to July 1, 2001, such term also includes employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28 and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials ; and on and after July 1, 2001, such term also includes law enforcement officers of the Department of Motor Vehicle Safety. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor."
PART XIII

SECTION 13-1.

This Act shall become fully effective as provided in paragraph (4) of this section and shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of:

(1) Appointment of the members of the Board of Motor Vehicle Safety and the commissioner of motor vehicle safety and authorization for appointments as provided in Section 12-3 of this Act;

(2) The authority of the commissioner of motor vehicle safety to adopt rules and regulations;
(3) The authority of the commissioner of motor vehicle safety to employ staff within the limits of funds appropriated or otherwise made available for such purpose; and
(4) The authority of the departments and officers affected by this Act to commence and take administrative actions as may be necessary or appropriate to prepare for and phase in the full implementation of this Act no later than July 1, 2001; provided, however, that the Governor by one or more executive orders may extend the date for full implementation of this Act to no later than July 1, 2003.

SECTION 13-2.

All laws and parts of laws in conflict with this Act are repealed.

Senator Thompson of the 33rd moved that the Senate adopt the Conference Committee report on HB 1441.

On the motion, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush N Burton

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson

Y Price,R Y Price,T Y Ragan N Ray
Scott Y Smith Y Starr

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2551

Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

James Y Johnson,E Y Kemp Y Ladd N Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

Y Stephens Y Stokes Y Streat Y Tanksley
Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker N Williams

On the motion, the yeas were 47, nays 6; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1441.
The following bill was taken up to consider the Conference Committee report thereto:
HB 1135. By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:
A bill to be entitled an Act to amend Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, so as to change certain provisions regarding preferences to certain economically depressed counties; to repeal conflicting laws; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on HB 1135 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1135 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Price of the 28th /s/ Senator Starr of the 44th /s/ Senator Hill of the 4th

/s/ Representative Parrish of the 144th /s/ Representative Hudson of the 156th /s/ Representative Royal of the 164th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1135:

A BILL

To be entitled an Act to amend Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint development authorities, so as to provide for an additional membership position upon certain joint authorities; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, so as to change certain provisions regarding the amount of the credit for federal qualified transportation fringe benefits; to provide for certain tax credits with respect to certain business enterprises in tier 1, 2, or 3 counties; to provide for procedures, conditions, and limitations; to amend Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, so as to change certain provisions regarding preferences to certain economically depressed counties; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1.
Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint development authorities, is amended by adding at the end the following:
"(g) A joint authority created and activated by two or more counties, all of which are classified as tier 1 counties pursuant to Code Section 48-7-40, shall include one member of the authority who resides in one of those counties, who shall be appointed by the Governor for a term of two years."
SECTION 2.
Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of state income taxes, is amended by adding a new Code section, to be designated Code Section 48-740.19, to read as follows:
"48-7-40.19.
(a) Any business enterprise, as defined in Code Section 48-7-40, which as of January 1, 2000, was located in a tier 3 county and which employs over 1,000 full-time employees not later than the time the credit under this Code section is first claimed on the taxpayer's income tax return shall be allowed a tax credit calculated in the same amount and under the same principles as the tax credit established under Code Section 48-7-40 with respect to tier 1 counties. Except as otherwise provided in this Code section, such credits shall remain subject to the same definitions, limitations, and carry-forward provisions otherwise applicable to such credit under Code Section 48-7-40. For the first taxable year in which the credit is claimed under this Code section, all or part of the credit established by this Code section may be applied against taxes imposed under this article for the taxable year immediately preceding that taxable year by amendment to a return or returns for such year.
(b) The credit established by this Code section may be claimed by such business enterprise for new full-time jobs created in taxable years prior to the taxable year in which it first claims the credit under this Code section on the taxpayer's income tax return. Such jobs shall be deemed for purposes of such credit to have been created on the first day of the taxable year for which the credit under this Code section is first claimed."
SECTION 3.
Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, is amended by striking paragraph (2) and inserting in its place a new paragraph (2) to read as follows:
"(2) When all factors are reasonably equivalent, preferences will be given to location of state government programs and facilities in those counties which are determined by the Department of Community Affairs to be the most economically depressed, such term shall mean those 80 counties of the state designated as 'less developed' under the Job Tax Credit Program designated by the commissioner of community affairs as tier 1 or tier 2 counties pursuant to Code Section 48-7-40."
SECTION 4.
This Act shall become effective on January 1, 2001.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
Senator Price of the 28th moved that the Senate adopt the Conference Committee report on HB 1135.
On the motion, a roll call was taken, and the vote was as follows:

Wednesday, March 22, 2000

2553

Y Balfour Y Blitch
Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Walker Y Williams

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1135.

Senator Kemp of the 3rd asked unanimous consent that the following bill, having been placed on the Table on March 20, be taken from the Table:

HB 1365. By Representatives Barnard of the 154th, Smith of the 103rd, Manning of the 32nd and others:

A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; to provide for a short title; to provide for legislative intent; to provide for a definition; to provide for immunity from criminal prosecution in certain circumstances; and for other purposes.

Senate Sponsor: Senator Kemp of the 3rd.

Senator Egan of the 40th objected.

Senator Kemp of the 3rd moved that HB 1365 be taken from the Table.

On the motion, the President ordered a roll call, and the vote was as follows:

N Balfour Y Blitch
Bowen Y Broun Y Brown N Brush Y Burton
Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean

N Hamrick Harbison
Y Hecht Y Hill Y Hooks N Huggins N Jackson Y James N Johnson,E Y Kemp Y Ladd Y Lamutt Y Land

N Price,R Price,T
Y Ragan N Ray
Scott Y Smith Y Starr N Stephens Y Stokes Y Streat
Tanksley Y Tate
Thomas,D

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JOURNAL OF THE SENATE

N Egan Y Fort Y Gillis Y Gingrey Y Golden N Guhl

N Lee Y M V Bremen N Madden Y Marable N Perdue Y Polak

Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the motion, the yeas were 31, nays 16; the motion prevailed, and HB 1365 was taken from the Table. Pursuant to Senate Rule 111, HB 1365, having been taken from the Table, was put upon its passage.
The Senate Judiciary Committee offered the following substitute to HB 1365:
A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for voluntary relinquishment of a newborn under certain circumstances; to provide for a short title; to provide for legislative intent; to provide that a parent who leaves a newborn child in the custody of an employee, agent, or staff member of a medical facility in specified circumstances shall not be prosecuted for specified crimes because of such act; to provide for duties of medical facilities accepting a newborn child for inpatient admission and the Department of Human Resources; to provide for reimbursement for certain costs; to provide for civil and criminal immunity for medical facilities and their employees; 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 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding a new chapter to be designated Chapter 10A to read as follows:
"CHAPTER 10A
19-10A-1.
This chapter shall be known and may be cited as the 'Safe Place for Newborns Act of 2000.'
19-10A-2.
It is the express purpose and intent of the General Assembly in enacting this chapter to prevent injuries to and deaths of newborn children that are caused by a parent who abandons the newborn.
19-10A-3.
A parent shall not be prosecuted for the crimes of cruelty to a child, Code Section 16-5-70; contributing to the delinquency, unruliness, or deprivation of a child, Code Section 16-12-1; or abandonment of a dependent child, Code Section 19-10-1, because of the act of leaving his or her newborn child in the physical custody of an employee, agent, or member of the staff of a medical facility who is on duty, whether there in a paid or volunteer position; provided that the newborn child is no more than one week old and has not been physically abused by such parent. As used in this Code section, the term 'medical facility' shall mean any licensed general or specialized hospital, institutional infirmary, health center operated by a county board of health, or any building or facility where human births occur on a regular and ongoing basis which is classified by the Department of Human Resources as a birthing center, but shall not mean physicians' or dentists' private offices.
19-10A-4.

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2555

The Department of Human Resources shall investigate and report to the General Assembly as to children left as contemplated in Code Section 19-10A-3, including in such report the desirability and cost effectiveness of a dedicated toll-free telephone line for providing information to and answering questions from the public and employees and staff members of medical facilities concerning the acts and consequences thereof contemplated in Code Section 19-10A-3.
19-10A-5.
A medical facility which accepts for inpatient admission a child left as contemplated by Code Section 19-10A-3 shall be reimbursed by the Department of Human Resources for all medical and other costs associated with the child prior to the child being placed in the care of the department. A medical facility shall notify the Department of Human Resources at such time as the child is medically ready for discharge. Upon such notification, the Department of Human Resources shall take physical custody of the child within six hours.
19-10A-6.
Medical facilities and their employees, agents, and staff members shall not be liable for civil damages or subject to criminal prosecution for failure to discharge the duties provided for in this article."
SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
Senators Kemp of the 3rd, Lee of the 29th, Fort of the 39th and others offered the following amendment:
Amend the committee substitute to HB 1365 by striking "A" on line 32 of page 2.
By striking lines 33 through 37 of page 2 and inserting in their place the following:
"Upon notification by a medical facility that a newborn is in the physical custody of such medical facility, the Department of Human Resources shall immediately initiate legal custody proceedings. A child who meets the requirements for inpatient admission shall be retained in the medical facility until such time as the child is medically ready for discharge. Upon notification by the medical facility to that department that a child is not eligible for inpatient admission or is medically ready for discharge, provided that the child has been placed in the legal custody of the Department of Human Resources, the department shall take physical custody of the child within six hours of being notified."
On the adoption of the amendment, the yeas were 35, nays 0, and the Kemp, et al. amendment was adopted.
Senator Gingrey of the 37th offered the following amendment to the committee substitute to HB 1365:
Add on page one, line 6, after word child, "or husband or wife who leaves a Mother-in-law."
Add on page one, line 23, after word newborns, "and" "Mothers'-in-law."
Senator Gingrey of the 37th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn.
Senator Land of the 16th offered the following amendment:
Amend the Senate Judiciary Committee substitute to HB 1365 by inserting "to provide for conditions and notifications;" following "Resources;" on line 11 of page 1.

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JOURNAL OF THE SENATE

By striking "parent" and inserting in its place "mother" on line 28 of page 1, by striking "A parent" and inserting in its place "(a) A mother" on line 31 of page 1, by striking "his or" from line 3 of page 2, by striking "parent" and inserting in its place "mother" on line 8 of page 2, and by inserting between lines 16 and 17 of page 2 the following:

"(b) To receive the immunity provided for in subsection (a) of this Code section, the mother must inform the employee, agent, or member of the staff of the medical facility when leaving the child with the medical facility of the date of birth of the child, the place of birth of the child, and the identity and last known address of the biological parents of the child.".

Senator Land of the 16th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn.

Senator Land of the 16th offered the following amendment:

Amend the Senate Judiciary Committee substitute to HB 1365 by inserting "to provide for conditions and notifications;" following "Resources;" on line 11 of page 1.

By striking "parent" and inserting in its place "mother" on line 28 of page 1, by striking "A parent" and inserting in its place "(a) A mother" on line 31 of page 1, by striking "his or" from line 3 of page 2, by striking "parent" and inserting in its place "mother" on line 8 of page 2, and by inserting between lines 16 and 17 of page 2 the following:

"(b) To receive the immunity provided for in subsection (a) of this Code section, the mother must inform the employee, agent, or member of the staff of the medical facility when leaving the child with the medical facility of the date of birth of the child, the place of birth of the child, and the identity and last known address of the biological parents of the child, if known. The information shall be kept confidential except in proceedings involving termination of parental rights, adoption, or criminal matters.".

On the adoption of the amendment, the yeas were 46, nays 0, and the Land amendment was adopted.

On the adoption of the substitute, the yeas were 45, nays 0, and the committee substitute was adopted as amended.

The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.

On the passage of the bill, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch
Bowen N Broun N Brown N Brush Y Burton Y Butler N Cable N Cagle Y Cheeks N Crotts N Dean N Egan Y Fort N Gillis Y Gingrey Y Golden N Guhl

N Hamrick N Harbison Y Hecht Y Hill Y Hooks Y Huggins N Jackson Y James N Johnson,E Y Kemp Y Ladd N Lamutt N Land N Lee Y M V Bremen N Madden N Marable N Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray N Scott Y Smith Y Starr N Stephens Y Stokes Y Streat N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R N Thompson Y Walker N Williams

Wednesday, March 22, 2000

2557

On the passage of the bill, the yeas were 25, nays 30.

The bill, having failed to receive the requisite constitutional majority, was lost.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has rejected the report of the Committee of Conference on the following bill of the Senate:

SB 30.

By Senators James of the 35th and Butler of the 55th:

A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 498.

By Senator Smith of the 25th:

A bill to be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws.

The Speaker has appointed on the part of the House, Representatives Hudson of the 120th, Parham of the 122nd and Porter of the 143rd.

The House insists on its position in disagreeing to the Senate amendment and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following resolution of the House:

HR 1188.

By Representatives Houston of the 166th, Walker of the 141st, Coleman of the 142nd and others:

A resolution honoring the life of Billy Browning and designating the Billy Browning Highway.

The Speaker has appointed on the part of the House, Representatives Hudson of the 166th, Skipper of the 137th and Purcell of the 147th.

The following bill was taken up to consider the Conference Committee report thereto:

HB 1180. By Representative Parham of the 122nd:

A bill to be entitled an Act to amend Code Section 40-6-45 of the Official Code of Georgia Annotated, relating to further limitations on driving on left of center of roadway, so as to change certain provisions relating to intersections and railroad grade crossings; to repeal conflicting laws; and for other purposes.

The Conference Committee report was as follows:

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The Committee of Conference on HB 1180 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1180 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Cheeks of the 23rd /s/ Senator Streat of the 19th
Senator Gingrey of the 37th

/s/ Representative Parham of the 122nd /s/ Representative Day of the 153rd /s/ Representative Powell of the 23rd

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1180

A BILL

To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that uniformed law enforcement officers of an agency who are assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state shall wear the same type uniform as other members of the assigned division of such officers' respective agencies; to provide that law enforcement officers assigned to special operations activities may wear other identifiable uniforms or other clothing appropriate to an operation upon approval of the sheriff, chief of police, or other agency head; to provide that whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent roof mount blue lights; to provide an exception; to provide that an otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with certain provisions; to provide for regulations governing driver's license disqualifications for certain disorders and disabilities; to change certain provisions relating to further limitations on driving on left of center of roadway; to change certain provisions relating to speed limits in construction sites; to provide for traffic citation signature requirements; 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 adding at the end of Chapter 1, relating to general provisions, two new Code sections to read as follows:

"40-1-6.

Uniformed law enforcement officers of an agency who are assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state shall wear the same type uniform as other members of the assigned division of such officers' respective agencies. Officers assigned to special operations activities may wear other identifiable uniforms or other clothing appropriate to an operation upon approval of the sheriff, chief of police, or other agency head. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section.

40-1-7.

Whenever pursuing a person in violation of a traffic related offense, a uniformed law enforcement officer who is assigned routinely or primarily to traffic law enforcement or other traffic safety duties on the roadways or highways of this state must place a visible blue light on the roof of his or her vehicle if such vehicle is not equipped with permanent roof mount blue lights; provided, however, that the provisions of this Code section shall not apply to law enforcement officers operating vehicles manufactured prior to 2001. This Code section shall not apply to any officer assigned to special operations activities or responding to an immediate threat to public safety as a result of an

Wednesday, March 22, 2000

2559

accident or other emergency. An otherwise lawful arrest shall not be invalidated or in any manner affected by failure to comply with this Code section."
SECTION 2.
Said title is further amended in Code Section 40-5-35, relating to reports by physicians and vision specialists and procedures when persons are found unqualified to be licensed to operate motor vehicles, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The Driver License Advisory Board appointed by the department shall define disorders characterized by lapses of consciousness or other mental or physical disabilities affecting the ability of a person to drive safely for the purpose of the reports required by this Code section, and the Board of Public Safety may use these definitions to promulgate regulations making such disorders and disabilities disqualifications, under certain conditions, for obtaining or keeping a driver's license for any class or classes of vehicles; provided, however, that a person shall not be disqualified from obtaining a noncommercial Class C driver's license for having had an episode of lapsed or altered consciousness due to epilepsy unless such an episode occurred within the immediately preceding six-month period."
SECTION 3.
Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 40-6-45, relating to further limitations on driving on left of center of roadway, and inserting in lieu thereof the following:
"(2) When approaching within 100 feet of or traversing any intersection:
(A) Intersection which is clearly marked by a solid barrier line placed on the right-hand element of a combination stripe along the center or lane line or by a solid double yellow line; or railroad
(B) Railroad grade crossing; or".
SECTION 4.
Said title is further amended by striking Code Section 40-6-188, relating to speed limits in construction sites, and inserting in lieu thereof the following:
"40-6-188.
(a) As used in this Code section, the term:
(1) 'Highway work zone' means a segment of any highway, road, or street where the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing is engaged in constructing, reconstructing, or maintaining the physical structure of the roadway or its shoulders or features adjacent to the roadway, including without limitation underground or overhead utilities or highway appurtenances, or any other type of work related thereto.
(2) 'Work zone personnel' means employees of the Department of Transportation, a county, a municipality, or any contractor for any of the foregoing.
(b)(1) The Department of Transportation, any county, or any municipality may designate any segment of a highway, road, or street under its jurisdiction as a highway work zone.
(2) Whenever a highway work zone is designated pursuant to paragraph (1) of this subsection, there shall be erected or posted signage of adequate size at the beginning point of such highway work zone designating the zone and warning the traveling public that increased penalties for speeding violations are in effect for the highway work zone, and there shall be erected or posted at the end of such highway work zone adequate signage indicating the end of such zone and that increased penalties for speeding violations are no longer in effect.

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(a)(c)(1) The Department of Transportation or the governing authority of any county or municipal corporation is authorized to establish a temporary reduction in the maximum speed limit through any construction site highway work zone located on or adjacent to any street or highway under its respective jurisdiction. The commissioner of transportation or the local governing authority shall not be required to conduct any engineering and traffic investigation in order to establish a reduced speed limit in a highway work zone pursuant to this paragraph.
(b)(2) Whenever reduced speed zones are established pursuant to subsection (a) paragraph (1) of this Code section subsection, there shall be erected or posted signage of adequate size at the beginning point of such speed zone designating the zone and the speed limit to be observed therein, and there shall be erected or posted at the end of such speed zone adequate signage indicating the end of such speed zone, which signage shall also indicate such different speed limit as may then be observed. Signs indicating such reduced speed limit shall be spaced not further than one mile apart throughout the highway work zone. Where the speed limit established pursuant to subsection (a) paragraph (1) of this Code section subsection is at least ten miles per hour less than the established speed limit on the street or highway, there shall be erected at least 600 feet in advance of the beginning of the speed zone a sign of adequate size which shall bear the legend 'Reduce Reduced Speed Ahead.' Whenever any signage is required by this paragraph, the same shall be in addition to the signage requirements of paragraph (2) of subsection (b) of this Code section.
(d)(1) Any signage required by this Code section shall conform to applicable provisions of the Manual on Uniform Traffic Control Devices; provided, however, that nothing in this Code section shall prohibit the use of movable or portable speed limit signs in highway work zones.
(2) Any existing regulatory signage conflicting with signage erected or posted pursuant to this Code section shall be removed, covered, folded, or turned so as not to be readable by oncoming motorists.
(c)(e) A person convicted of exceeding the speed limit, reduced or otherwise, in any speed highway work zone established designated pursuant to subsection (a) of this Code section and identified at the time of the violation by such signage at the beginning of the highway work zone as required herein and, if such speed limit was reduced as provided by this Code section, by such signage at the beginning and in advance of such reduced speed zone to the extent required herein shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by a fine of not less than $100.00 nor more than $2,000.00 or by imprisonment for a term not to exceed 12 months, or both. The provisions of this subsection shall apply without regard to whether work zone personnel were present in the highway work zone when the violation occurred.
(f) Whenever the Department of Transportation finds it necessary to designate a highway work zone within a county or municipality, the Department of Transportation shall be required to notify the county or municipality of the work activity; provided, however, that the failure of the Department of Transportation to give such notice shall not be a defense to any charge of violating the speed limit in any highway work zone."
SECTION 5.
Said title is further amended by adding a new Code Section 40-13-2.1 to read as follows:
"40-13-2.1.
(a) A person who is issued a citation as provided in this chapter or Code Section 17-6-11, relating to display of driver's license in lieu of bail, shall sign the citation to acknowledge receipt of the citation and of his or her obligation to appear for trial. The officer shall advise the person that signing the citation is not an admission of guilt and that failure to sign will result in the person having to post a cash bond. If the person refuses to sign the citation, it shall constitute reasonable cause to believe that the person will not appear at trial and the officer may bring the person before a judicial officer or traffic violations bureau to post a bond as is otherwise provided by law.
(b) The provisions of subsection (a) of Code Section 17-6-11 shall not apply to a person in possession of a driver's license issued by a state or foreign country that has not entered into a reciprocal agreement regarding the operation of motor vehicles with this state as provided in Chapter 5 of Title 40, which provides for the suspension of a driver's

Wednesday, March 22, 2000

2561

license by the other state or foreign country of a person who fails to appear for trial of a traffic offense committed in this state."

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.

Senator Cheeks of the 23rd moved that the Senate adopt the Conference Committee report on HB 1180.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler
Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Y Walker Y Williams

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1180.
The following bill was taken up to consider the Conference Committee report thereto:
SB 524. By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:
A bill to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to provide for erosion and sediment control plans for certain construction or maintenance projects of the Department of Transportation or the State Tollway Authority; to provide for an Erosion and Sediment Control Overview Council and the appointment, powers, duties, and compensation of members thereof; to change certain provisions relating to exemptions from the applicability of provisions of said chapter; to repeal conflicting laws; and for other purposes.
The Conference Committee report was as follows:
The Committee of Conference on SB 524 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 524 be adopted.
Respectfully submitted,

2562

JOURNAL OF THE SENATE

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Cheeks of the 23rd /s/ Senator Huggins of the 53rd /s/ Senator Streat of the 19th

/s/ Representative Benefield of the 96th /s/ Representative Hanner of the 159th /s/ Representative Rogers of the 20th

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 524

A BILL

To be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to provide for erosion and sediment control plans for certain construction or maintenance projects of the Department of Transportation or the State Tollway Authority; to provide for an Erosion and Sediment Control Overview Council and the appointment, powers, duties, and compensation of members thereof; to change certain provisions relating to exemptions from the applicability of provisions of said chapter; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, is amended by adding a new Code Section 12-7-7.1 to read as follows:

"12-7-7.1.

(a) As used in this Code section, the term 'contractor' means the individual, firm, corporation, or combination thereof or governmental organization contracting with the Department of Transportation or State Tollway Authority for the performance of prescribed work.

(b)(1) In addition to the requirements of Code Section 12-7-6, the Department of Transportation or the State Tollway Authority after July 1, 2000, shall not contract for land-disturbing activity on any construction or maintenance project that will disturb five or more contiguous acres of land until an erosion and sediment control plan for such project has been prepared and accepted pursuant to this Code section.

(2) Through its own forces or by means of the acquisition of professional service pursuant to the provisions of Chapter 22 of Title 50, the Department of Transportation or the State Tollway Authority shall be responsible for the preparation of an erosion and sediment control plan for any construction or maintenance project as required by paragraph (1) of this subsection. Any consultant providing such professional service shall be prequalified by the Department of Transportation as a responsible bidder for the design of erosion and sediment control plans. The division shall assist the Department of Transporation in developing the prequalification approval process for purposes of this subsection.

(c) Upon completion of a proposed plan, the same shall be submitted to the division for review and comment.

(d)(1) All bidders for any construction or maintenance project subject to this Code section shall review and submit with their bid proposal a cost estimate as a separate bid for the implementation of the plan, it being understood that the contractor may utilize either its own personnel and resources, qualified subcontractors, or both for implementation of the plan. All contractors and subcontractors for such project shall be prequalified by the Department of Transportation as a responsible bidder for the installation of erosion and sediment control devices in accordance with a plan. The division shall assist the Department of Transportation in developing the prequalification approval process for purposes of this subsection.

(2) The contractor for a construction or maintenance project subject to this Code section shall be responsible for implementing the plan on the awarded project. Payment to any contractor under any contract for implementing any

Wednesday, March 22, 2000

2563

part or all of any plan shall not be on a lump sum basis; rather, such payment shall be based upon unit prices for specific quantities of work performed pursuant to the approved erosion and sediment control plan plus any additional quantities of completed work necessitated by project conditions affecting erosion and sediment control, including without limitation soil types and weather conditions. Charges for all maintenance and cleaning of erosion and sediment control devices shall likewise be paid on a unit price basis.
(e)(1) Through the services of independent consultants or by its own forces, the Department of Transportation shall monitor the water quality and inspect the installation and maintenance of the best management practices in accordance with the plan. All such consultants shall be prequalified by the Department of Transportation as a responsible bidder for the inspection of such best management practices and shall have the necessary expertise to determine that such practices are being installed and maintained in accordance with the plan. The division shall assist the Department of Transportation in developing the prequalification approval process for purposes of this subsection.
(2) Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the director or to any other allegation of noncompliance with paragraph (2) of subsection (a) of Code Section 12-7-6.
(3) If deficiencies in the plan or installation or maintenance of best management practices are discovered during the inspection, the Department of Transportation or the State Tollway Authority shall determine the appropriate corrective action. Further, the Department of Transportation or State Tollway Authority may require the consultant to amend the plan or the contractor to change its procedures by change order or supplemental agreement in order to institute such changes as may be necessary to correct any errors or deficiencies in the plan, the implementation of the plan, or the maintenance of the best management practices.
(4) The division, the Department of Transportation, or the State Tollway Authority shall control or coordinate the work of its employees inspecting any project so as to prevent any delay of, interference with, or hindrance to any contractor performing land-disturbing activity on any project subject to the provisions of this Code section.
(f)(1) There shall be an Erosion and Sediment Control Overview Council which shall provide guidance on the best management practices for implementing any erosion and sediment control plan for purposes of this Code section. The council shall be composed of nine members, including one member who shall be appointed by the Speaker of the House of Representatives and serve at the pleasure thereof; one member who shall be appointed by the Lieutenant Governor and serve at the pleasure thereof; and seven members who shall be appointed by the Governor and serve at the pleasure thereof, including one employee each from the Department of Transportation, the Environmental Protection Division of the Department of Natural Resources, and the Georgia Regional Transportation Authority, a professional engineer licensed to practice in this state from a private engineering consulting firm practicing environmental engineering, two representatives of the highway contracting industry certified by the Department of Transportation, and a chairperson. The council shall meet at the call of the chairperson. Each councilmember shall receive a daily allowance in the amount specified in subsection (b) of Code Section 45-7-21; provided, however, that any full-time state employee serving on the council shall draw no compensation but shall receive necessary expenses. The commissioner is authorized to pay such compensation and expenses from department funds.
(2) The council may develop recommendations governing the preparation of plans and the installation and maintenance of best management practices. If a dispute concerning the requirements of this Code section should arise, the Erosion and Sediment Control Overview Council shall mediate the dispute.
(g) Nothing in this Code section shall be construed to affect the division's authority under Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act.'"
SECTION 2.
Said chapter is further amended by striking paragraph (8) of subsection (a) of Code Section 12-7-17, relating to exemptions from the applicability of provisions of said chapter, and inserting in lieu thereof the following:

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"(8) Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the Georgia State Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that such projects shall conform to the minimum requirements set forth in Code Section 12-7-6; provided, further, that construction or maintenance projects of the Department of Transportation or the State Tollway Authority which disturb five or more contiguous acres of land shall be subject to the provisions of Code Section 12-7-7.1; and".

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.

Senator Streat of the 19th moved that the Senate adopt the Conference Committee report on SB 524.

On the motion, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch Y Bowen Y Broun Y Brown N Brush Y Burton Y Butler Y Cable
Cagle Y Cheeks N Crotts Y Dean Y Egan Y Fort Y Gillis
Gingrey Y Golden N Guhl

N Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp N Ladd Y Lamutt
Land Y Lee
M V Bremen Y Madden Y Marable Y Perdue Y Polak

N Price,R N Price,T Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat
Tanksley Y Tate N Thomas,D
Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 38, nays 11; the motion prevailed, and the Senate adopted the Conference Committee report on SB 524.
The following bill was taken up to consider the Conference Committee report thereto:
SB 297. By Senators Brown of the 26th, Ladd of the 41st, Polak of the 42nd and others:
A bill to be entitled an Act to amend Title 4 of the O.C.G.A., relating to animals, so as to change certain references relating to cruelty to animals; to include a certain reference relating to animal fighting; to amend Title 16 of the O.C.G.A., relating to crimes and offenses, so as to revise comprehensively the law relating to the offense of cruelty to animals; to repeal conflicting laws; and for other purposes.
The Conference Committee report was as follows:
The Committee of Conference on SB 297 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 297 be adopted.
Respectfully submitted,

Wednesday, March 22, 2000

2565

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Egan of the 40th /s/ Senator Meyer von Bremen of the 12th /s/ Senator Brown of the 26th

/s/ Representative Reichert of the 126th /s/ Representative Crawford of the 129th /s/ Representative Greene of the 158th

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 297

A BILL

To be entitled an Act to prohibit animal abuse and the abandonment of certain animals; to provide for a short title; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to make it unlawful to obstruct the Commissioner of Agriculture and other officials acting under said title; to provide for penalties; to provide for definitions; to provide for the appointment of animal control officers; to provide for inspection warrants; to provide procedures for the impounding of certain animals under certain circumstances; to provide for notices and hearings; to make it unlawful to abandon a domestic animal; to provide for injunctions; to provide for reports of animal cruelty or dog fighting by veterinarians, veterinary technicians, and other persons; to provide immunity from civil or criminal actions for persons making such reports; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, so as to define the offenses of cruelty to animals and aggravated cruelty to animals; to provide for definitions; to provide for penalties; to provide for exemptions; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Animal Protection Act of 2000."

SECTION 2.

Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by inserting after Code Section 41-5 a new Code Section 4-1-6 to read as follows:

"4-1-6.

It shall be unlawful for any person to obstruct, interfere, or hinder the Commissioner, his or her designated agents and employees, an animal control officer, or a dog control officer in the lawful discharge of his or her official duties pursuant to this title. Any person convicted of a violation of this Code section shall be punished as provided in subsection (b) of Code Section 16-10-24."

SECTION 3.

Said title is further amended by striking Code Section 4-8-7, relating to penalties, and inserting in lieu thereof the following:

"4-8-7.

Any Except as provided in Code Sections 16-12-4 and 16-12-37, any person who violates any provision of this article shall be guilty of a misdemeanor."

SECTION 4.

Said title is further amended by striking Code Section 4-11-2, relating to definitions, and inserting in lieu thereof the following:

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"4-11-2.
As used in this article, the term:
(1) 'Adequate food and water' means food and water which is sufficient in an amount and appropriate for the particular type of animal to prevent starvation, dehydration, or a significant risk to the animal's health from a lack of food or water.
(1.1) 'Animal control officer' means an individual authorized by local law or by the governing authority of a county or municipality to carry out the duties imposed by this article or imposed by local ordinance.
(2) 'Animal shelter' means any facility operated by or under contract for the state, a county, a municipal corporation, or any other political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted dogs, cats, and other animals; any veterinary hospital or clinic operated by a veterinarian or veterinarians which operates for such purpose in addition to its customary purposes; and any facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other nonprofit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals.
(3) 'Equine' means any member of the Equidae species, including horses, mules, and asses.
(4) 'Humane care' of animals means, but is not limited to, the provision of adequate heat, ventilation, sanitary shelter, and wholesome and adequate food and water, consistent with the normal requirements and feeding habits of the animal's size, species, and breed.
(5) 'Kennel' means any establishment, other than an animal shelter, where dogs or cats are maintained for boarding, holding, training, or similar purposes for a fee or compensation.
(6) 'Person' means any person, firm, corporation, partnership, association, or other legal entity, any public or private institution, the State of Georgia, or any county, municipal corporation, or political subdivision of the state.
(7) 'Pet dealer' or 'pet dealership' means any person who sells, offers to sell, exchanges, or offers for adoption dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets in this state. However, a person who sells only animals that he or she has produced and raised, not to exceed 30 animals a year, shall not be considered a pet dealer under this article unless such a person such person is licensed for a business by a local government or has a Georgia sales tax number. The Commissioner may with respect to any breed of animals decrease the 30 animal per year exception in the foregoing sentence to a lesser number of any animals for any species which that is commonly bred and sold for commercial purposes in lesser quantities. Operation of a veterinary hospital or clinic by a licensed veterinarian shall not constitute the veterinarian as a pet dealer, kennel, or stable under this article.
(8) 'Secretary of Agriculture' means the Secretary secretary of the United States Department of Agriculture.
(9) 'Stable' means any building, structure, pasture, or other enclosure where equines are maintained for boarding, holding, training, breeding, riding, pulling vehicles, or other similar purposes and a fee is charged for maintaining such equines or for the use of such equines."
SECTION 5.
Said title is further amended by inserting after Code Section 4-11-9.1 new Code Sections 4-11-9.2, 4-11-9.3, 4-119.4, 4-11-9.5, and 4-11-9.6 to read as follows:
"4-11-9.2.
(a) At any time there is probable cause to believe that a violation of this article or any rule or regulation adopted pursuant to this article has occurred, the Commissioner, his or her designated agent, or an animal control officer who

Wednesday, March 22, 2000

2567

is an employee of state or local government may apply to the appropriate court in the county in which the animal is located for an inspection warrant under the provisions of Code Section 2-2-11.
(b) Any sheriff, deputy sheriff, or other peace officer shall have the authority to enforce the provisions of this article and Code Sections 16-12-4 and 16-12-37.
(c) The Commissioner, his or her designated agent, an animal control officer who is an employee of state or local government, or any sheriff, deputy sheriff, or other peace officer is authorized to impound any animal:
(1) That has not received humane care;
(2) That has been subjected to cruelty in violation of Code Section 16-12-4;
(3) That is used or intended for use in any violation of Code Section 16-12-37; or
(4) If it is determined that a consent order or other order concerning the treatment of animals issued pursuant to this article is being violated.
(d) Prior to an animal being impounded pursuant to paragraph (1), (2), or (3) of subsection (c) of this Code section, a licensed accredited veterinarian approved by the Commissioner or a veterinarian employed by a state or federal government and approved by the Commissioner, shall, at the request of the Commissioner, his or her designee, an animal control officer, a sheriff, a deputy sheriff, or other peace officer, examine and determine the condition or treatment of the animal.
(e) The provisions of this Code section and Code Sections 4-11-9.3 through 4-11-9.6 shall not apply to scientific experiments or investigations conducted by or at an accredited college or university in this state or research facility registered with the Commissioner or the United States Department of Agriculture.
4-11-9.3.
(a) It shall be the duty of any person impounding an animal under Code Section 4-11-9.2 to make reasonable and proper arrangements to provide the impounded animal with humane care and adequate and necessary veterinary services. Such arrangements may include, but shall not be limited to, providing shelter and care for the animal at any state, federal, county, municipal, or governmental facility or shelter; contracting with a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary services for a reasonable fee; or allowing a private individual, partnership, corporation, association, or other entity to provide humane care and adequate and necessary veterinary services as a volunteer and at no cost.
(b) Any person impounding an animal under this article or providing care for an impounded animal shall have a lien on such animal for the reasonable costs of caring for such animal. Such lien may be foreclosed in any court that is competent to hear civil cases, including, but not limited to, magistrate courts. Liens shall be foreclosed in magistrate courts only when the amount of the lien does not exceed the jurisdictional limits established by law for such courts.
(c) Any person impounding an animal under this article is authorized to return the animal to its owner, upon payment by the owner of all costs of impoundment and care and upon the entry of a consent order, unless such owner was, in a prior administrative or legal action in this state or any other state, found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog fighting in violation of the laws of this state or of the United States or any of the several states. Such consent order shall provide conditions relating to the care and treatment of such animal, including, but not limited to, the following, that:
(1) Such animal will be given humane care and adequate and necessary veterinary services;
(2) Such animal will not be subjected to cruelty; and
(3) The owner will comply with this article.

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(d) The provisions of subsection (c) of this Code section shall not apply to an animal that was an object or instrumentality of a crime nor shall any such animal be returned to the owner without the approval of the prosecuting attorney. An agency having custody of an animal that was seized as an object or instrumentality of a crime may, with the consent of the prosecuting attorney, apply to the court having jurisdiction over the offense for an order authorizing such agency to dispose of the animal prior to trial of the criminal case as provided by law.
4-11-9.4.
(a) It shall be the duty of any person impounding an animal under this article to notify the owner of such animal immediately upon impoundment. Such notice shall state the name and business address of the person impounding the animal, the name and address of the state or local government agency having custody of the animal, a description of the animal, the reason why the animal was impounded, and a statement of the time limits for the owner to respond and request a hearing as provided in Code Section 4-11-9.5. The notice shall be provided by personal service or by registered or certified mail sent to the last known address of the owner. Service of the notice which complies with subsection (b) of Code Section 9-11-5 shall in all cases be sufficient. If the owner of such animal is unknown or cannot be found, service of the notice on the owner shall be made by posting the notice in a conspicuous place at the location where the animal was impounded and by publishing a notice once in a newspaper of general circulation in the county where the animal was impounded.
(b) An animal impounded pursuant to this article is deemed to be in the custody of the state or local government agency responsible for enforcement of this article within said county or municipality.
4-11-9.5.
(a) If the owner of an animal impounded pursuant to this article fails to respond in writing within five business days of the date the notice of impoundment was served, or, if the owner is unknown or could not be found within 30 days of publication of the notice of impoundment, the impounded animal may be disposed of pursuant to Code Section 411-9.6.
(b)(1) If the owner of an animal impounded pursuant to this article refuses to enter into a consent agreement with the government agency having custody of the animal that such animal will be given humane care and adequate and necessary veterinary care, the owner may request, in writing, a hearing within five business days of the date the notice of impoundment was served on such owner, or, if the owner is unknown or could not be found, within 30 days of the date of publication of the notice of impoundment. Such request for hearing shall be served upon the government agency having custody of the animal. If no hearing is requested within the time limits specified in this paragraph and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the owner, the right to a hearing shall have been waived.
(2) Within 30 days after receiving a written request for a hearing, the government agency having custody of the animal shall hold a hearing as is provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' If the animal is in the custody of an agency of local government which has, by local law or ordinance, established a procedure for hearing such matters, the body designated in such local law or ordinance shall conduct the hearing required by this Code section. If the local government does not have a hearing procedure, the government agency having custody of the animal may refer the matter to the Office of State Administrative Hearings. If the animal is in the custody of the Department of Agriculture, the Commissioner or his or her designee shall conduct the hearing. The hearing shall be public and all testimony shall be received under oath. A record of the proceedings at such hearing shall be made and maintained by the hearing officer as provided in Code Section 50-13-13.
(3) The scope of the hearing shall be limited to whether the impounding of the animal was authorized by subsection (c) of Code Section 4-11-9.2.
(4) The hearing officer shall, within five business days after such hearing, forward a decision to the person who impounded the animal and the government agency having custody of the animal.

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2569

(5) If the hearing officer finds that the animal was improperly impounded, the animal shall be returned to the owner and the cost incurred in providing reasonable care and treatment for the animal from the date of impoundment to the date of the order shall be paid by the impounding agency.
(6) If the hearing officer finds that the animal was lawfully impounded, the hearing officer may:
(A) Recommend that the government agency having custody of the animal dispose of the animal as provided in Code Section 4-11-9.6; or
(B) Unless, in a prior administrative or legal action in this state or any other state, the owner has been found to have failed to provide humane care to an animal, committed cruelty to animals, or engaged in dog fighting in violation of the laws of this state or of the United States or any of the several states, recommend conditions under which the animal may, upon payment by the owner of all costs of impoundment and care, be returned to the owner. Such conditions shall be reduced to writing and served upon the owner and the government agency having custody of the animal. Such conditions may include, but are not limited to, the following, that:
(i) Such animal will be given humane care and adequate and necessary veterinary services;
(ii) Such animal will not be subjected to mistreatment; and
(iii) The owner will comply with this article.
(c) The provisions of this Code section shall not apply to an animal that was an object or instrumentality of a crime nor shall any such animal be returned to the owner or disposed of without the approval of the prosecuting attorney.
4-11-9.6.
(a) The government agency having custody of an animal impounded pursuant to this article which is not returned to the owner as provided in Code Sections 4-11-9.3 and 4-11-9.5 may dispose of the animal through sale by any commercially feasible means, at a public auction or by sealed bids, or, if in the opinion of a licensed accredited veterinarian or a veterinarian employed by a state or federal government and approved by the Commissioner such animal has a temperament or condition such that euthanasia is the only reasonable course of action, by humanely disposing of the animal.
(b) Any proceeds from the sale of such animal shall be used first to pay the costs associated with the impoundment, including, but not limited to, removal of the animal from the premises, shelter and care of the animal, notice, hearing, and disposition of the animal. Any funds remaining shall:
(1) If the owner is unknown or cannot be found, be paid into the state treasury if the animal was impounded by the Commissioner or his or her designated agent or into the treasury of the local government if the animal was impounded by the sheriff, a deputy sheriff, another law enforcement officer, or an animal control officer; or
(2) If the owner is known, be paid to the owner.
(c) The government agency responsible for conducting the sale shall keep a record of all sales, disbursements, and distributions made under this article."
SECTION 6.
Said title is further amended by striking Code Section 4-11-10, relating to unlawful acts by licensed persons, and inserting in lieu thereof the following:
"4-11-10.
It shall be unlawful for any person licensed under this article or any person employed by a person licensed under this article or under his such person's supervision or control to:

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(1) Commit a violation of Code Section 16-12-4, relating to cruelty to animals , when such violation occurs on the premises of or is related to the operation of the pet dealership, animal shelter, kennel, or stable for which the license has been issued or any other such facility operated by the same person;
(2) Fail to keep the pet dealership premises, animal shelter, kennel, or stable in a good state of repair, in a clean and sanitary condition, adequately ventilated, or disinfected when needed;
(3)-Fail to provide adequate food and water;
(4)(3) Fail to provide adequate and humane care for any dog, cat, equine, or other animal at such facility; or
(5)(4) Fail to take reasonable care to release for sale, trade, or adoption only those animals which that appear to be free of disease, injuries, or abnormalities."
SECTION 7.
Said title is further amended by striking Code Section 4-11-15, relating to injunctions and restraining orders, and inserting in lieu thereof the following:
"4-11-15.
In addition to the remedies provided in this article or elsewhere in the laws of this state and notwithstanding the existence of an adequate remedy at law, the Commissioner or, where authorized by the local governing authority, the city or county attorney is authorized to apply to the superior courts court for an injunction or restraining order. Such courts shall have jurisdiction and The court shall for good cause shown shall grant a temporary or permanent injunction or an ex parte or restraining order, restraining or enjoining any person, partnership, firm, corporation, or other entity from violating and continuing to violate this article or, any rules and regulations promulgated under this article , Code Section 16-12-4, or Code Section 16-12-37. Such injunction or restraining order shall be issued without bond and may be granted notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation."
SECTION 8.
Said title is further amended by inserting after Code Section 4-11-15 a new Code Section 4-11-15.1 to read as follows:
"4-11-15.1.
Notwithstanding the provisions of Code Section 4-11-13, it shall be unlawful for any person knowingly and intentionally to abandon any domesticated animal upon any public or private property or public right of way. This Code section shall not be construed as amending or otherwise affecting the provisions of Chapter 3 of this title, relating to livestock running at large or straying."
SECTION 9.
Said title is further amended by striking Code Section 4-11-16, relating to penalties for violations, and inserting in lieu thereof the following:
"4-11-16.
Any (a) Except as otherwise provided in Code Section 16-12-4 or 16-12-37, any person, partnership, firm, corporation, or other entity violating any of the provisions of this article or any rule or regulation of the Commissioner adopted pursuant to this article shall be guilty of a misdemeanor and shall be punished as provided in Code Section 17-10-3; provided, however, that if such offense is committed by a corporation, such corporation shall

Wednesday, March 22, 2000

2571

be punished by a fine not to exceed $1,000.00 for each such violation, community service of not less than 200 hours nor more than 500 hours, or both.
(b) Each violation of this article shall constitute a separate offense."
SECTION 10.
Said title is further amended by inserting after Code Section 4-11-16 a new Code Section 4-11-17 to read as follows:
"4-11-17.
(a) Notwithstanding Code Section 24-9-29 or any other provision of law to the contrary, any licensed accredited veterinarian or veterinary technician having reasonable cause to believe that an animal has been subjected to animal cruelty in violation of Code Section 16-12-4 or dog fighting in violation of Code Section 16-12-37 may make or cause to be made a report of such violation to the Commissioner, his or her designee, an animal control officer, a law enforcement agency, or a prosecuting attorney and may appear and testify in any judicial or administrative proceeding concerning the care of an animal.
(b) Any person participating in the making of a report pursuant to this Code section or participating in any administrative or judicial proceeding pursuant to this article or Title 16 shall, in so doing, be immune from any civil or criminal liability that might otherwise be incurred or imposed, provided such participation pursuant to this Code section or any other law is made in good faith."
SECTION 11.
Said title is further amended by striking Code Section 4-13-10, relating to penalties, and inserting in lieu thereof the following:
"4-13-10.
Any Except as otherwise provided in Code Section 16-12-4 or 16-12-37, any person, partnership, firm, corporation, or other entity violating any of the provisions of this chapter shall be guilty of a misdemeanor."
SECTION 12.
Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to offenses against public health and morals, is amended by striking Code Section 16-12-4, relating to cruelty to animals, which reads as follows:
"16-12-4.
(a) A person is guilty of a misdemeanor of cruelty to animals in the second degree when his act, omission, or neglect causes unjustifiable physical pain, suffering, or death to any living animal.
(b) A person is guilty of a misdemeanor of cruelty to animals in the first degree upon a second or subsequent violation of subsection (a) of this Code section and, upon conviction, may be punished by imprisonment not to exceed 12 months or a fine not to exceed $5,000.00 or both.
(c) This Code section does not apply to the killing of animals raised for the purpose of providing food nor does it apply to any person who hunts wild animals in compliance with the game and fish laws of this state. The killing or injuring of an animal for humane purposes or in the furtherance of medical or scientific research is justifiable.",
and inserting in lieu thereof the following:
"16-12-4.

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(a) As used in this Code section, the term:
(1) 'Animal' shall not include any fish nor shall such term include any pest that might be exterminated or removed from a business, residence, or other structure.
(2) 'Conviction' shall include pleas of guilty or nolo contendere or probation as a first offender pursuant to Article 3 of Chapter 8 of Title 42 and any conviction, plea of guilty or nolo contendere, or probation as a first offender for an offense under the laws of the United States or any of the several states that would constitute a violation of this Code section if committed in this state.
(3) 'Willful neglect' means the intentional withholding of food and water required by an animal to prevent starvation or dehydration.
(b) A person commits the offense of cruelty to animals when he or she causes death or unjustifiable physical pain or suffering to any animal by an act, an omission, or willful neglect. Any person convicted of a violation of this subsection shall be guilty of a misdemeanor; provided, however, that:
(1) Any person who is convicted of a second or subsequent violation of this subsection shall be punished by imprisonment not to exceed 12 months, a fine not to exceed $5,000.00, or both; and
(2) Any person who is convicted of a second or subsequent violation of this subsection which results in the death of an animal shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished by imprisonment for not less than three months nor more than 12 months, a fine not to exceed $10,000.00, or both, which punishment shall not be suspended, probated, or withheld.
(c) A person commits the offense of aggravated cruelty to animals when he or she knowingly and maliciously causes death or physical harm to an animal by rendering a part of such animal's body useless or by seriously disfiguring such animal. A person convicted of the offense of aggravated cruelty to animals shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $15,000.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed the amount provided by Code Section 17-10-8, or both.
(d) Before sentencing a defendant for any conviction under this Code section, the sentencing judge may require psychological evaluation of the offender and shall consider the entire criminal record of the offender.
(e) The provisions of this Code section shall not be construed as prohibiting conduct which is otherwise permitted under the laws of this state or of the United States, including, but not limited to, agricultural, animal husbandry, butchering, food processing, marketing, scientific, research, medical, zoological, exhibition, competitive, hunting, trapping, fishing, wildlife management, or pest control practices or the authorized practice of veterinary medicine nor to limit in any way the authority or duty of the Department of Agriculture, Department of Natural Resources, any county board of health, any law enforcement officer, dog, animal, or rabies control officer, humane society, veterinarian, or private landowner protecting his or her property.
(f)(1) Nothing in this Code section shall be construed as prohibiting a person from:
(A) Defending his or her person or property, or the person or property of another, from injury or damage being caused by an animal; or
(B) Injuring or killing an animal reasonably believed to constitute a threat for injury or damage to any property, livestock, or poultry.
(2) The method used to injure or kill such animal shall be designed to be as humane as is possible under the circumstances. A person who humanely injures or kills an animal under the circumstances indicated in this subsection shall incur no civil or criminal liability for such injury or death."
SECTION 13.

Wednesday, March 22, 2000

2573

This Act shall become effective upon the first day of the month following its approval by the Governor or upon its becoming law without such approval.

SECTION 14.

All laws and parts of laws in conflict with this Act are repealed.

Senator Brown of the 26th moved that the Senate adopt the Conference Committee report on SB 297.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins
Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 297.
The following resolution was taken up to consider the Conference Committee report thereto:
HR 1053. By Representative Bailey of the 93rd: A resolution compensating Mr. Calvin C. Johnson, Jr.; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on HR 1053 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 1053 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Golden of the 8th /s/ Senator Harbison of the 15th
Senator Brush of the 24th

/s/ Representative Bailey of the 93rd /s/ Representative Epps of the 131st /s/ Representative Jenkins of the 110th

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COMMITTEE OF CONFERENCE SUBSTITUTE TO HR 1053

A RESOLUTION

Compensating Mr. Calvin C. Johnson, Jr.; and for other purposes.

WHEREAS, on the evening of March 9, 1983, a woman in College Park, Georgia, was sexually assaulted in her home by an unknown assailant; and

WHEREAS, in November of 1983, Mr. Calvin C. Johnson, Jr., was tried and convicted of such crime in Clayton County, Georgia; and

WHEREAS, at his trial Mr. Johnson testified that he was elsewhere on the night of the sexual assault of the woman in College Park, Georgia. Four witnesses, including his employer, corroborated Mr. Johnson's testimony. A witness from the State Crime Lab testified that Mr. Johnson was not the source of the pubic hair collected from the victim's bed sheet after the crime; and

WHEREAS, on November 14, 1983, Mr. Johnson was sentenced to life in prison for rape, aggravated sodomy, and burglary; and

WHEREAS, during his imprisonment, Mr. Johnson was considered for parole at least three times. The last two times he was denied parole because he refused to admit that he committed the crimes for which he was sentenced, even though an admission of guilt would have facilitated his release from prison; and

WHEREAS, in July of 1998, DNA testing conducted on behalf of Mr. Johnson at Forensic Science Associates in California conclusively proved that Mr. Johnson's DNA did not match the DNA from the semen obtained from the victim's rape kit; and

WHEREAS, on December 1, 1998, the scientific evidence was presented to the district attorney of Clayton County. After further testing by the Georgia State Crime Lab, the state consented to Mr. Johnson's extraordinary motion for new trial on June 15, 1999; and

WHEREAS, the motion was granted by the Superior Court of Clayton County and, immediately thereafter, the state moved to nolle prosse the 1983 indictment; and

WHEREAS, Mr. Johnson was released from custody immediately, after 16 years and three months in prison; and

WHEREAS, Mr. Johnson has suffered loss of liberty and other damages as a result of over 16 years of incarceration and expenses in trying to prove his innocence totaling $500,000.00; and

WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages occurred through no fault or negligence on the part of Mr. Johnson, and it is only fitting and proper that he be compensated for his loss.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Corrections is authorized and directed to pay the sum of $500,000.00 to Mr. Calvin C. Johnson, Jr., as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department of Corrections and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

Senator Golden of the 8th moved that the Senate adopt the Conference Committee report on HR 1053.

On the motion, a roll call was taken, and the vote was as follows:

N Balfour Y Blitch

N Hamrick Y Harbison

N Price,R N Price,T

Wednesday, March 22, 2000

2575

Y Bowen Y Broun Y Brown N Brush Y Burton Y Butler N Cable N Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis N Gingrey Y Golden N Guhl

Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James
Johnson,E Y Kemp
Ladd N Lamutt
Land N Lee Y M V Bremen
Madden Y Marable N Perdue Y Polak

Y Ragan N Ray Y Scott Y Smith Y Starr N Stephens Y Stokes Y Streat N Tanksley Y Tate N Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker
Williams

On the motion, the yeas were 35, nays 16; the motion prevailed, and the Senate adopted the Conference Committee report on HR 1053.

The following message was received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the following resolution of the House:

HR 1231.

By Representative Ray of the 128th:

A resolution designating the James E. Williams Bridge.

The House recedes from its position in substituting the following bill of the Senate:

SB 485.

By Senators Hill of the 4th, Thomas of the 10th, Williams of the 6th and others:

A bill to be entitled an Act to amend Code Section 3-3-21 of the Official Code of Georgia Annotated, relating to sales of alcoholic beverages near churches, school buildings, or other sites, so as to provide that no person knowingly and intentionally may sell any alcoholic beverages for consumption on the premises within 100 yards of any housing authority property; to define a certain term; to provide exceptions; to repeal conflicting laws.

The House adheres to its position in insisting on its substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 524.

By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:

A bill to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to provide for erosion and sediment control plans for certain construction or maintenance projects of the Department of Transportation or the State Tollway Authority; to provide for an Erosion and Sediment Control Overview Council and the appointment, powers, duties, and compensation of members thereof; to change certain provisions relating to exemptions from the applicability of provisions of said chapter; to repeal conflicting laws.

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JOURNAL OF THE SENATE

The Speaker has appointed on the part of the House, Representatives Benefield of the 96th, Hanner of the 159th and Rogers of the 20th.
The following bill was taken up to consider the Conference Committee report thereto:
HB 837. By Representative Bordeaux of the 151st:
A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for trespass upon or damage to realty accrues; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on HB 837 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 837 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Thomas of the 2nd /s/ Senator Dean of the 31st /s/ Senator Harbison of the 15th

/s/ Representative Bordeaux of the 151st /s/ Representative Martin of the 47th /s/ Representative Davis of the 60th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 837:

A BILL

To be entitled an Act to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for certain specified damage to a dwelling accrues; to provide for periods of limitation; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

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 in its entirety Code Section 9-3-30, relating to trespass upon or damage to realty, and inserting in its place the following:

"9-3-30.

(a) All actions for trespass upon or damage to realty shall be brought within four years after the right of action accrues.

(b)(1) The causes of action specified in Code Section 51-1-11 and subsection (a) of Code Section 9-3-51 for recovery of damages to a dwelling due to the manufacture of or the negligent design or installation of synthetic exterior siding shall accrue when the damage to the dwelling is discovered or, in the exercise of reasonable diligence, should have been discovered, whichever first occurs. In any event, such cause of action shall be brought within the time limits provided in Code Sections 51-1-11 and 9-3-51, respectively.

Wednesday, March 22, 2000

2577

(2) This subsection shall apply to causes of action which had not expired under the former law before the effective date of this subsection. This subsection shall not revive any cause of action which was barred by former law before the effective date of this subsection."

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.

Senator Thomas of the 2nd moved that the Senate adopt the Conference Committee report on HB 837.

Senator Meyer von Bremen of the 12th asked unanimous consent that he be excused from voting on HB 837 pursuant to Senate Rule 175. The consent was granted, and Senator Meyer von Bremen was excused.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts
Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill
Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp Y Ladd Y Lamutt
Land Y Lee E M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson Y Walker Y Williams

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 837.
The following bill was taken up to consider House action thereto:
HB 1423. By Representatives McCall of the 90th, Walker of the 141st, Buck of the 135th and others:
A bill to be entitled an Act to amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to amend a statement of legislative findings; to define certain terms; to provide that the provisions of such Act may apply in counties which affect the air quality in nonattainment areas; to provide for the powers and duties of the Board of Natural Resources with regard to establishing air quality; to amend Code Section 36-32-8, relating to jurisdiction in cases of operating a motor vehicle without a certificate of emission inspection, so as to change certain references contained in such Code section; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE SENATE

Senator Madden of the 47th moved that the Senate insist on its substitute to HB 1423.

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate insisted on its substitute to HB 1423.

The following communication was received by the Secretary:

3/22/00 11:19 p.m.

HB 1423 Vote No.

/s/ Marable of the 52nd

The following bill was taken up to consider House action thereto:

HB 1428. By Representatives Holland of the 157th, Walker of the 141st and Jenkins of the 110th:

A bill to be entitled an Act to amend Article 1 of Chapter 1 of Title 53 of the Official Code of Georgia Annotated, relating to general provisions relative to probate, so as to provide that the Supreme Court of Georgia shall be authorized to adopt rules governing the use of forms in the probate courts and standard forms to be used in proceedings before the probate courts; to make certain provisions for such forms; to provide that no uniform or local rules shall be adopted which are not in compliance with such requirements; to repeal conflicting laws; and for other purposes.

The House amendment to Senate amendment #2 was as follows:

Amend Senate amendment #2 (Egan amendment) as follows:

Delete words: "and strike "53-1-9" in line 19 and substitute "15-9-90."

And substitute in its place:

"and strike "53-1-9" in line 18 and substitute "15-9-90".

Senator Egan of the 40th moved that the Senate agree to the House amendment to Senate amendment #2 to HB 1428.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Blitch
Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N

Wednesday, March 22, 2000

2579

Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y M V Bremen Y Madden
Marable Y Perdue Y Polak

Thomas,R Thompson Y Walker Williams

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House amendment to Senate amendment #2 to HB 1428.
The following resolution was taken up to consider House action thereto:
HR 1231. By Representative Ray of the 128th:
A resolution designating the James E. Williams Bridge; and for other purposes.
The House amendment to the Senate substitute was as follows:
Amend the Senate substitute to HR 1231 by striking "Designating" and inserting in its place "Designating portions of the state highway system; designating" on line 1 of page 1.
By inserting "designating the Rankin Smith Interchange; designating the Cynthia McKinney Parkway;" between "Bridge;" and "and" on line 2 of page 1.
By inserting between lines 32 and 33 of page 2 the following:
"Part 3
WHEREAS, Rankin Smith was recognized by the citizens of this state for his vital role in community leadership and his deep personal commitment to the welfare of the citizens of Georgia; and
WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his community earned him the respect and admiration of his colleagues and associates; and
WHEREAS, it is only fitting and proper that the state honor and recognize Mr. Smith for his many accomplishments and contributions to our state.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Exit 12 on Interstate Highway 985 in Hall County be designated the 'Rankin Smith Interchange.'
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the 'Rankin Smith Interchange.'
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Mr. Rankin Smith.
Part 4".
By striking from lines 35 and 40 on page 2 the words "Second Avenue" and inserting in lieu thereof the following:
"Candler Road".
Senator Hooks of the 14th moved that the Senate agree to the House amendment to the Senate substitute to HR 1231.

2580

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On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E
Kemp Ladd N Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable N Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Y Williams

On the motion, the yeas were 47, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HR 1231.

The following committee report was read by the Secretary:

Mr. President:

The Committee on State and Local Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:

SB 441. Do pass. SB 509. Do pass. HB 1711. Do pass. HB 1712. Do pass. HB 1746. Do pass. HB 1748. Do pass. HB 1754. Do pass. HB 1305. Do pass. HB 1309. Do pass.

Respectfully submitted, Senator Thomas of the 10th District, Chairman

The following local, uncontested bills, favorably reported by the committee as listed on the Supplemental Local Consent Calendar, were put upon their passage:

SUPPLEMENTAL SENATE LOCAL CONSENT CALENDAR

Wednesday, March 22, 2000

Fortieth Legislative Day (The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 441 SB 509 HB 1711
HB 1712
HB 1746

Wednesday, March 22, 2000

2581

Brush of the 24th
MCDUFFIE COUNTY
A bill to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of McDuffie County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for related matters; to provide for the authority for this Act; to provide for an effective date; to repeal conflicting laws; and for other purposes.
Kemp of the 3rd
McINTOSH COUNTY
A bill to be entitled an Act to provide for the nonpartisan nomination and election of the judge of the Probate Court of McIntosh County; to provide for terms of office; to repeal conflicting laws; and for other purposes.
Gingrey of the 37th
CITY OF ACWORTH
A bill to be entitled an Act to provide for a homestead exemption from certain City of Acworth ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Gingrey of the 37th
CITY OF KENNESAW
A bill to be entitled an Act to provide for a homestead exemption from certain City of Kennesaw ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead; to provide that such exemption shall be extended to the unremarried surviving spouse at the time of the person's death so long as such unremarried surviving spouse continues to occupy the home as a residence and homestead; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Huggins of the 53rd Thomas of the 54th
CITY OF DALTON

2582 HB 1748 HB 1754 HB 1305 HB 1309

JOURNAL OF THE SENATE
A bill to be entitled an Act to amend an Act providing a homestead exemption from City of Dalton ad valorem taxes for city purposes in the amount of $75,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and have annual incomes not exceeding $20,000.00, approved April 2, 1998 (Ga. L. 1998, p. 4104), so as to provide for an increase in the income ceiling; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Huggins of the 53rd Thomas of the 54th
CITY OF DALTON
A bill to be entitled an Act to amend an Act providing a homestead exemption from certain City of Dalton Independent School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over and have annual incomes not exceeding $20,000.00, approved April 2, 1998 (Ga. L. 1998, p. 4104), so as to provide for an increase in the exemption amount and the income ceiling; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Madden of the 47th
BANKS COUNTY
A bill to be entitled an Act to amend an Act providing for a homestead exemption from certain Banks County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of certain residents of that county, approved February 18, 1997 (Ga. L. 1997, p. 4091), so as to increase the amount of such exemption and authorize such exemption to be received by disabled persons; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
Thomas of the 54th
CATOOSA COUNTY
A bill to be entitled an Act to provide an exemption from Catoosa County School District ad valorem taxes up to $75,000.00 on the value of the homestead of residents of that county who are totally disabled and whose annual net income does not exceed $14,000.00; to provide for conditions and procedures relating thereto; to provide for a referendum for approval or rejection; to provide for effective dates; to repeal conflicting laws; and for other purposes.
Thomas of the 54th
CATOOSA COUNTY
A bill to be entitled an Act to provide an exemption from Catoosa County ad valorem taxes for county purposes up to $75,000.00 of the value of the homestead of residents of that county who are totally disabled and whose annual net income does not exceed $14,000.00; to provide for conditions and procedures relating thereto; to provide for a

Wednesday, March 22, 2000

2583

referendum for approval or rejection; to provide for effective dates; to repeal conflicting laws; and for other purposes.

The report of the committee, which was favorable to the passage of the bills as reported, was agreed to.

On the passage of the bills on the Supplemental Local Consent Calendar, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts
Dean Egan Y Fort Y Gillis N Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat N Tanksley Y Tate Y Thomas,D Y Thomas,N
Thomas,R N Thompson
Walker Y Williams

On the passage of the local bills, the yeas were 46, nays 3.

The bills on the Supplemental Local Consent Calendar, having received the requisite constitutional majority, were passed.

The following resolution was taken up to consider House action thereto:

HR 1188. By Representatives Houston of the 166th, Walker of the 141st, Coleman of the 142nd and Shaw of the 176th:

A resolution honoring the life of Billy Browning and designating the Billy Browning Highway; and for other purposes.

Senator Streat of the 19th moved that the Senate adhere to its amendment and that a Conference Committee be appointed.

On the motion, the yeas were 49, nays 0; the motion prevailed, and the President appointed as a Conference Committee the following Senators: Streat of the 19th, Huggins of the 53rd and Blitch of the 7th.

The following resolutions were read and adopted:

SR 817.

By Senators Balfour of the 9th and Burton of the 5th:
A resolution commending the Gwinnett Daily Post's Girls Co-swimmer of the year for winning individual state championships in two events; and for other purposes.

2584

JOURNAL OF THE SENATE

SR 818. By Senator Balfour of the 9th:
A resolution commending Christine Hupman; and for other purposes.
SR 819. By Senators Balfour of the 9th and Burton of the 5th: A resolution commending Mike Kauffman, the Gwinnett Daily Post's Boys Co-swimmer of the year; and for other purposes.
SR 820. By Senators Balfour of the 9th and Burton of the 5th:
A resolution commending Eric Shanteau, the Gwinnett Daily Post's Boys Co-swimmer of the Year for winning state titles in swimming; and for other purposes.
SR 821. By Senator Kemp of the 3rd:
A resolution commending Honorable John D. McIver; and for other purposes. SR 822. By Senator Stokes of the 43rd:
A resolution recognizing Archbishop Jimmie L. Smith, Pastor Ruth Williams Smith, and the Light of the World Christian Tabernacle International; and for other purposes.
SR 823. By Senators Stokes of the 43rd, Tate of the 38th, Butler of the 55th and others:
A resolution commending Rita D. Samuels; and for other purposes. SR 824. By Senators Thompson of the 33rd and Gingrey of the 37th:
A resolution honoring Fred D. Bentley, Sr.; and for other purposes.
SR 825. By Senator James of the 35th: A resolution expressing best wishes and congratulations to William "Bill" Edwards on the occasion of his 50th birthday; and for other purposes.
SR 826. By Senator Thompson of the 33rd:
A resolution celebrating the life of Debra Gibson; and for other purposes.
SR 827. By Senator Harbison of the 15th: A resolution commending Reverend Doctor Elliott Luis Strickland for 55 years in the ministry; and for other purposes.
SR 828. By Senator Thomas of the 10th:
A resolution to increase awareness of disease prevention and health promotion within the immigrant population in the United States by improving the availability of health care literature in various languages; and for other purposes. The President addressed the Senate briefly.
The following bill was taken up to consider the Conference Committee report thereto:

Wednesday, March 22, 2000

2585

HB 1240. By Representatives Campbell of the 42nd and Massey of the 86th:

A bill to be entitled an Act to amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to provide that sodomy with a person who is less than ten years of age shall constitute the offense of aggravated sodomy; to change the penalty; to repeal conflicting laws; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on HB 1240 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 1240 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Land of the 16th /s/ Senator Hecht of the 34th /s/ Senator Meyer von Bremen of the 12th

/s/ Representative Campbell of the 42nd /s/ Representative Massey of the 86th /s/ Representative Stuckey of the 67th

COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 1240

A BILL

To be entitled an Act to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to provide that sodomy with a person who is less than ten years of age shall constitute the offense of aggravated sodomy; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Title 16 of the Official Code of Georgia Annotated, relating to crimes, is amended in Code Section 16-6-2, relating to sodomy and aggravated sodomy, by striking said Code section in its entirety and inserting in lieu thereof the following:

"16-6-2.

(a) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.

(b) A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than ten nor more than 20 30 years. Any person convicted under this Code section of the offense of aggravated sodomy shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

(c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence."

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JOURNAL OF THE SENATE

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.

Senator Meyer von Bremen of the 12th moved that the Senate adopt the Conference Committee report on HB 1240.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown
Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Thomas,R Y Thompson Y Walker Williams

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1240.

The following bill was taken up to consider the Conference Committee report thereto:

SB 498. By Senator Smith of the 25th:

A bill to be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

The Conference Committee report was as follows:

The Committee of Conference on SB 498 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 498 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Smith of the 25th /s/ Senator Walker of the 22nd /s/ Senator Price of the 56th

/s/ Representative Hudson of the 120th /s/ Representative Parham of the 122nd /s/ Representative Porter of the 143rd

Wednesday, March 22, 2000

2587

COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 498
A BILL
To be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
For purposes of this Act, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Baldwin County including, but not limited to, taxes to retire bonded indebtedness but not including county school district ad valorem taxes for educational purposes.
(2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property.
SECTION 2.
Each resident of Baldwin County is granted an exemption on that person's homestead from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of that property in excess of the amount exempted by this section shall remain subject to taxation.
SECTION 3.
The tax commissioner of Baldwin County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption.
SECTION 4.
The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Baldwin County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 5.
The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes.
SECTION 6.
The exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Baldwin County ad valorem taxes for county purposes.

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JOURNAL OF THE SENATE

SECTION 7.

The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2001.

SECTION 8.

Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Baldwin County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Baldwin County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2000, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which provides for a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased for periods of not less than ten years to residents of that county?"

All persons desiring to vote for approval of this 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 this Act, then Sections 1 through 7 of this Act shall become of full force and effect on January 1, 2001, and shall be applicable to all taxable years beginning on or after January 1, 2001. If Sections 1 through 7 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of 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 Baldwin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 9.

Except as otherwise provided in Section 8 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 10.

All laws and parts of laws in conflict with this Act are repealed.

Senator Smith of the 25th moved that the Senate adopt the Conference Committee report on SB 498.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson
James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens
Stokes Y Streat Y Tanksley Y Tate Y Thomas,D

Wednesday, March 22, 2000

2589

Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 498.

The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:

SB 357.

By Senators Jackson of the 50th, Hecht of the 34th, Butler of the 55th and others:

A bill to be entitled an Act to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief by the State Board of Pardons and Paroles, so as to provide that the State Board of Pardons and Paroles or its designee may direct an offender to perform community service as a condition of parole or as an alternative to the revocation of parole; to provide that neither the community service agency nor the community service supervisor or agency employees shall be liable to any offender performing community service for any acts or omissions related to participation in a community service program; to define certain terms; to provide an effective date; to repeal conflicting laws.

The House has passed by the requisite constitutional majority the following bill of the Senate:

SB 137.

By Senator Madden of the 47th:

A bill to amend Code Section 19-7-1 of the Official Code of Georgia Annotated, relating to persons in whom parental power lies, how such power lost, and related matters, so as to provide that a greatgrandparent may participate in an action for child custody.

The following bill was taken up to consider House action thereto:

SB 357. By Senators Jackson of the 50th, Hecht of the 34th, Butler of the 55th and others:

A bill to be entitled an Act to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief by the State Board of Pardons and Paroles, so as to provide that the State Board of Pardons and Paroles or its designee may direct an offender to perform community service as a condition of parole or as an alternative to the revocation of parole; to provide that neither the community service agency nor the community service supervisor or agency employees shall be liable to any offender performing community service for any acts or omissions related to participation in a community service program; to define certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes.

The House substitute was as follows:
A BILL
To be entitled an Act to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief by the State Board of Pardons and Paroles, so as to provide that the

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JOURNAL OF THE SENATE

State Board of Pardons and Paroles or its designee may direct an offender to perform community service as a condition of parole or as an alternative to the revocation of parole; to provide that neither the community service agency nor the community service supervisor or agency employees shall be liable to any offender performing community service for any acts or omissions related to participation in a community service program; to provide that such limitation of liability does not apply to any act or omission by any community service agency, community service supervisor, or agency employee that constitutes gross negligence or willful misconduct; to provide that it shall be unlawful to use or to allow an offender to be used for any purpose resulting in private gain to an individual, but this prohibition shall not apply to work on private property made necessary due to a natural disaster if the work is approved by the State Board of Pardons and Paroles; to define certain terms; to amend Code Section 42-8-100 of the Official Code of Georgia Annotated, relating to agreements between county or municipal courts and corporations, enterprises, or agencies for probation services, so as to provide that termination of certain contracts for probation services shall be initiated by the chief judge of the court and approved by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract; to provide procedures for the termination of certain existing contracts; 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 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief by the State Board of Pardons and Paroles, is amended by adding between Code Sections 42-9-44.2 and 42-9-45 a new Code Section 42-9-44.3 to read as follows:
"42-9-44.3.
(a) As used in this Code section, the term:
(1) 'Agency employee' means an employee or agent of a community service agency, whether the individual is a paid or unpaid employee or agent.
(2) 'Community service' means uncompensated work by an offender with a community service agency for the benefit of the community pursuant to a directive of the State Board of Pardons and Paroles or its designee as a condition of parole or as an alternative to the revocation of parole.
(3) 'Community service agency' means any private or public agency or organization approved by the State Board of Pardons and Paroles to participate in a community service program.
(4) 'Community service supervisor' means an individual who places or supervises offenders directed to perform community service, whether the individual is a paid or unpaid supervisor.
(5) 'Offender' means a person who has been convicted of a crime, who is under the jurisdiction of the State Board of Pardons and Paroles, and who has been granted conditional executive clemency.
(b) The State Board of Pardons and Paroles or its designee may direct an offender to perform community service as a condition of parole or as an alternative to the revocation of parole.
(c) Neither the community service agency nor the community service supervisor or agency employees shall be liable to any offender performing community service for any acts or omissions related to participation in a community service program. This limitation of liability does not apply to any act or omission by any community service agency, community service supervisor, or agency employee that constitutes gross negligence or willful misconduct.
(d) It shall be unlawful to use or to allow an offender to be used for any purpose resulting in private gain to an individual, but this subsection shall not apply to work on private property made necessary due to a natural disaster if the work is approved by the State Board of Pardons and Paroles."

Wednesday, March 22, 2000

2591

SECTION 2.

Code Section 42-8-100 of the Official Code of Georgia Annotated, relating to agreements between county or municipal courts and corporations, enterprises, or agencies for probation services, is amended by striking in its entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following:

"(a)(1) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to enter into written contracts with corporations, enterprises, or agencies to provide probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county. In no case shall a private probation corporation or enterprise be charged with the responsibility for supervising a felony sentence. The final contract negotiated by the chief judge with the private probation entity shall be attached to the approval by the governing authority of the county to privatize probation services as an exhibit thereto. The termination of a contract for probation services as provided for in this subsection entered into on or after July 1, 2000, shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract. The termination of a contract for probation services as provided for in this subsection in existence on July 1, 2000, and which contains no provisions relating to termination of such contract shall be initiated by the chief judge of the court which entered into the contract, and subject to approval by the governing authority of the county which entered into the contract and in accordance with the agreed upon, written provisions of such contract."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.

Senator Jackson of the 50th moved that the Senate agree to the House substitute to SB 357.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen
Broun Y Brown Y Brush Y Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E
Kemp Y Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R
Thompson Walker Williams

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JOURNAL OF THE SENATE

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 357.
Senator James of the 35th asked unanimous consent that the Senate suspend Rule 156(e) which requires a Conference Committee report to be printed and distributed one hour prior to voting. The consent was granted and Senate Rule 156(e) was suspended, and the following bill was taken up to consider the Conference Committee report thereto:

SB 30.

By Senators James of the 35th and Butler of the 55th:

A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.

The Conference Committee report was as follows:

The Committee of Conference on SB 30 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 30 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator James of the 35th /s/ Senator Madden of the 47th /s/ Senator Brown of the 26th

/s/ Representative Jackson of the 148th /s/ Representative Holmes of the 53rd
Representative Powell of the 23rd

COMMITTEE OF CONFERENCE SUBSTITUTE #4 TO SB 30

A BILL

To be entitled an Act to provide for various matters relating to public health, county boards of health, and the Department of Human Resources; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for evaluations of the suitability of sites for on-site sewage management systems by certain persons who are registered with the Department of Human Resources and by soil and water conservation technicians and provide for the effect of such evaluations; to provide for exceptions; to provide for the direction and supervision of certain persons employed by a county board of health by the district director of environmental health of the Division of Public Health of the Department of Human Resources; to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools; to provide for suction hazard reduction; to provide for the inspection of apartment complex pools and of the issuance of certain reports; to provide for the applicability of said provisions; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for the adoption, amendment, or repeal of rules and other matters relating to rules, so as to provide that the legislative override provisions of said Code section shall apply to all rules of the Department of Human Resources relating to swimming pools and on-site sewage management systems, including interpretive rules and general statements of policy, and provide for the assignment of such rules to the chairpersons of certain committees; 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.

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Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in its entirety subsection (b) of Code Section 31-3-5, relating to the functions of county boards of health, and inserting in lieu thereof a new subsection (b) and by adding at the end thereof a new subsection (d) to read, respectively, as follows:
"(b) Each county board of health shall have the power and duty to adopt regulations providing standards and requirements governing the installation of on-site sewage management systems within the incorporated and unincorporated area of the county, subject to the provisions of Code Section 31-2-7, and any rules and regulations promulgated under such Code section Code Section 31-2-7, and subsection (d) of this Code section. Such regulations shall include and be limited to the following:
(1) Specifying the locations within the incorporated and unincorporated area of the county where on-site sewage management systems may be installed;
(2) Specifying the minimum lot size or land area which may be served by an on-site sewage management system based on scientific data regarding on-site sewage management systems;
(3) Specifying the types of residences, buildings, or facilities which may be served by on-site sewage management systems;
(4) Issuing permits for the installation of on-site sewage management systems prior to such installation;
(5) Inspecting on-site sewage management system installations prior to the completion of the installation; and
(6) Providing for on-going ongoing maintenance of such systems , except for nonmechanical residential sewage management systems ."
"(d)(1) As used in this subsection, the term:
(A) 'Soil classifier' means a person who holds at least a bachelor of science degree from an accredited college or university with a major in agronomy, soil science, or related field and has such other qualifications as may be specified by the department by rule.
(B) 'Soil and water conservation technician' means a person employed as a soil and water conservation technician by a soil and water conservation district provided for in Article 2 of Chapter 6 of Title 2.
(2) Any person may qualify as a soil classifier, who holds a valid certificate of registration as a registered geologist issued pursuant to Chapter 19 of Title 43, or who holds a valid certificate of registration as a professional engineer issued pursuant to Chapter 15 of Title 43 and is practicing within his or her area of engineering competency may register with the Department of Human Resources to conduct investigations of the suitability of a site within the state for an on-site sewage management system. Upon the submission of an evaluation of the suitability of a site within the state for an on-site sewage management system by such a person who is registered with the department or by a soil and water conservation technician, the county board of health shall be required to accept the evaluation unless such evaluation is found by the county board of health to be deficient or questionable. If the county board of health finds such evaluation to be deficient or questionable, the board shall, within three working days of making such finding, issue a written determination stating all deficiencies and all measures needed to correct the deficiencies. A copy of this determination shall be provided to the state director of environmental health. Level four soils evaluations submitted to a county board of health under the provisions of this subsection will be accepted."
SECTION 2.
Said title is further amended by designating the existing language in Code Section 31-3-11, relating to the appointment of a director and staff of county boards of health, as subsection (a) of said Code section and by adding at the end thereof a new subsection (b) to read as follows:

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"(b) Each employee of a county board of health whose duties include enforcing those environmental health laws of this state or environmental health regulations of that board of health relating to septic tanks or individual sewage management systems shall be subject to the direction and supervision of the district director of environmental health, although the hiring and termination from employment of such employee shall be subject to the director of that county board of health. The employment activities of such employee with regard to environmental health shall be reported to the director of environmental health through the district director of environment health at least quarterly. The director of environmental health may recommend to that director of that county board of health personnel actions, including but not limited to termination, which the director of environmental health deems appropriate for such employee's failure or refusal to comply with the direction of the director of environmental health in the carrying out of the environmental health employment duties of such employee. As used in this subsection, the term 'director of environmental health' means the director of environmental health of the Division of Public Health of the Department of Human Resources."
SECTION 3.
Said title is further amended by adding at the end thereof a new Chapter 43 to read as follows:
"CHAPTER 43
31-43-1.
This chapter shall be known and may be cited as 'Michelle's Law.'
31-43-2.
The purpose of this chapter is to protect the public health and safety through the proper design, operation, and maintenance of public swimming pools.
31-43-3.
As used in this chapter, the term 'public swimming pool,' 'swimming pool,' or 'pool' means any structure, chamber, or tank containing an artificial body of water used by the public for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances, and equipment used in connection with the body of water, regardless of whether a fee is charged for its use. The term includes municipal, school, hotel, or motel pools and any pool to which access is granted in exchange for payment of a daily fee. This chapter shall not apply to a private pool or hot tub serving a single family dwelling and used only by the residents of the dwelling and their guests. This chapter also shall not apply to apartment complex pools, country club pools, subdivision pools which are open only to residents of the subdivision and their guests, therapeutic pools used in physical therapy programs operated by medical facilities licensed by the department or operated by a licensed physical therapist nor to therapeutic chambers drained, cleaned, and refilled after each individual use nor to religious ritual baths used solely for religious purposes.
31-43-4.
(a) On or after December 31, 2000, a permit shall be obtained from the county board of health in the county in which a public swimming pool is located prior to construction or continued operation of a public swimming pool. When the ownership of a public swimming pool changes or if the pool is leased by the owner, it shall be the responsibility of the new owner or lessee to secure a permit issued in his or her name.
(b) Unless suspended or revoked, a swimming pool operation permit shall be valid for the period of operation specified in the application, but in no event shall it be valid for more than 12 months.
31-43-5.
A separate application for an operation permit must be submitted for each public swimming pool. The owner or operator shall apply annually to the county board of health for an operator's permit. A form must be obtained from the county board of health to provide:

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(1) The owner's name, address, and telephone number;
(2) The operator's name, address, and telephone number;
(3) The street address of the public swimming pool;
(4) The physical location of the public swimming pool;
(5) The type of public swimming pool;
(6) The construction date, if applicable;
(7) The proposed operating dates;
(8) The type of disinfection; and
(9) The signature of the owner or a designated representative of the owner.
31-43-6.
Construction of public swimming pools and additions and alterations to such pools may start only upon issuance and receipt of a permit pursuant to Code Section 31-43-4 and shall be in compliance with plans and data submitted in accordance with Code Section 31-43-5 and other data approved by the county board of health of the county in which each pool is located.
31-43-7.
A permittee shall notify the county board of health at the time of completion of the construction of a public swimming pool to permit inspection before the pool is placed in operation.
31-43-8.
Each public swimming pool shall be inspected by the county board of health to determine compliance with this chapter and with the rules and regulations adopted by the Department of Human Resources. Pools which open on or after April 1 and which close on or before October 31 shall be inspected at least once during the period of operation. All other pools shall be inspected at least twice a year.
31-43-9.
A permit for a public swimming pool may be suspended or revoked by the county board of health for failure to comply with the provisions of this chapter and the rules and regulations adopted by the Department of Human Resources.
31-43-10.
(a) The Department of Human Resources shall adopt and promulgate rules and regulations concerning the construction and operation of public swimming pools. The Department of Human Resources shall classify public swimming pools on the basis of size, usage, type, or any other appropriate factor and shall adopt requirements for each classification. The rules shall include requirements for:
(1) Submission and review of plans prior to construction;
(2) Application, review, expiration, renewal, and revocation or suspension of an operating permit;
(3) Inspection;

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(4) Design and construction including materials, depth and other dimensions, and standards for the abatement of suction hazards; and
(5) Operation and safety including water source, water quality and testing, fencing, water treatment, chemical storage, toilet and bath facilities, measures to ensure the personal cleanliness of bathers, safety equipment, and sewage and other waste-water disposal.
Public swimming pools constructed or remodeled prior to December 31, 2000, that do not meet specific design and construction requirements of the rules for public swimming pools adopted by the Department of Human Resources shall not be required to comply with design and construction requirements other than requirements related to the abatement of suction hazards. Public swimming pools constructed or remodeled prior to December 31, 2000, shall comply with all other rules for public swimming pools adopted by the Department of Human Resources by January 1, 2003.
(b) No single drain, single-suction outlet public swimming pool shall be allowed to operate unless a protective cover is properly installed.
31-43-11.
Each county board of health and its duly authorized agents are authorized and empowered to enforce compliance with the provisions of this chapter and the rules and regulations relating to public swimming pools adopted and promulgated by the Department of Human Resources and, in connection therewith, to enter upon and inspect the premises of a public swimming pool at any reasonable time and in a reasonable manner.
31-43-12.
Notwithstanding any provision of Code Section 31-43-13 regarding the applicability of this chapter to the contrary, a resident or owner of an apartment complex that is not subject to regulation under this chapter or local ordinance may request that the county board of health inspect a pool at such apartment complex. Upon receipt of such a request, the county board of health shall have the authority to inspect such pool at any reasonable time and in a reasonable manner and issue a report on the condition of such pool.
31-43-13.
The provisions of this chapter shall apply only in those counties where local rules and regulations governing public swimming pools are not in effect on December 31, 2000. Nothing in this chapter shall be construed to limit the authority of a county to adopt an ordinance or resolution regarding public swimming pools that applies to apartment complex pools."
SECTION 4.
Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for the adoption, amendment, or repeal of rules and other matters relating to rules, is amended by adding at the end thereof a new subsection (h) to read as follows:
"(h) The provisions of subsections (e) and (f) of this Code section shall apply to any rule of the Department of Human Resources that is promulgated pursuant to Code Section 31-2-7 or 31-43-10, except that the presiding officer of the Senate is directed to assign the notice of such a rule to the chairperson of the Senate Defense, Science and Technology Committee and the presiding officer of the House of Representatives is directed to assign the notice of such a rule to the chairperson of the House Committee on Industry. As used in this subsection, the term 'rule' shall have the same meaning as provided in paragraph (6) of Code Section 50-13-2 and shall include interpretive rules and general statements of policy, notwithstanding any provision of subsection (a) of this Code section to the contrary."
SECTION 5.

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This Act shall become effective December 31, 2000.

SECTION 6.

All laws and parts of laws in conflict with this Act are repealed.

Senator James of the 35th moved that the Senate adopt the Conference Committee report on SB 30.

On the motion, a roll call was taken, and the vote was as follows:

Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush N Burton Y Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden
Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James N Johnson,E
Kemp Y Ladd Y Lamutt Y Land N Lee Y M V Bremen Y Madden Y Marable
Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray Y Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat Y Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 48, nays 3; the motion prevailed, and the Senate adopted the fourth Conference Committee report on SB 30.
Senator Blitch asked unanimous consent that the Senate suspend Senate Rule 156(e) requiring that a Conference Committee report be printed and distributed one hour prior to voting. The consent was granted and Senate rule 156(e) was suspended, and the following resolution was taken up to consider the Conference Committee report thereto:

HR 1188. By Representatives Houston of the 166th, Walker of the 141st, Coleman of the 142nd and Shaw of the 176th:
A resolution honoring the life of Billy Browning and designating the Billy Browning Highway; and for other purposes.
The Conference Committee report was as follows:
The Committee of Conference on HR 1188 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 1188 be adopted.
Respectfully submitted,

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FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Senator Streat of the 19th /s/ Senator Huggins of the 53rd /s/ Senator Blitch of the 7th

/s/ Representative Houston of the 166th /s/ Representative Skipper of the 137th /s/ Representative Purcell of the 147th

A RESOLUTION

Designating the Charles Frederick Warnell, Sr., Highway and the Fluis and Frances Lairsey Intersection; and for other purposes.

Part 1

WHEREAS, Honorable Charles Frederick Warnell, Sr., was a lifelong resident of Bryan County who was recognized for the vital role that he played in community leadership and his deep personal commitment to the welfare of the citizens of Georgia; and

WHEREAS, he served for two terms as a member of the Senate, representing Bryan, Liberty, and McIntosh counties, first during the 1955-1956 term and later during the 1961-1962 term, and he was a dedicated member of the Board of Education of Bryan County for 28 years, having served as chairman for 15 of those years, and his countless contributions to education enriched the lives of the young people of Bryan County; and

WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of his community earned him the respect and admiration of his colleagues and associates; and

WHEREAS, sadly, Mr. Warnell passed away on April 19, 1999, joining his wife, Virginia Moody Warnell, in death and leaving behind four children, Charles Frederick Warnell, Jr., Mary Virginia Warnell, Carolyn Warnell Downs, and David Bryan Warnell; and

WHEREAS, it is only proper that the members of this body honor the memory of this outstanding citizen.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of U.S. Highway 280 in Bryan County from the Evans County line to the municipal limits of the City of Pembroke shall be designated as the "Chas. F. Warnell, Sr., Highway."

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the "Chas. F. Warnell, Sr., Highway."

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of Honorable Charles Frederick Warnell, Sr.

Part 2

WHEREAS, Fluis and Frances Lairsey were recognized by the citizens of this community for their vital role in community leadership and their deep personal commitment to the welfare of the citizens of Pierce County, Georgia; and

WHEREAS, throughout their life, they diligently and conscientiously devoted immeasurable quantities of their talents toward the betterment of their community; and

WHEREAS, it is only fitting and proper that the state honor and recognize Mr. and Mrs. Lairsey for their contributions to the state and community.

Wednesday, March 22, 2000

2599

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of Dean Still Road and Hacklebarney Road with Georgia Highway 38 in Pierce County shall be designated as the Fluis and Frances Lairsey Intersection.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the "Fluis and Frances Lairsey Intersection."

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and the family of Mr. and Mrs. Fluis Lairsey.

Senator Blitch of the 7th moved that the Senate adopt the Conference Committee report on HR 1188.

On the motion, a roll call was taken, and the vote was as follows:

Y Balfour Y Blitch Y Bowen Y Broun Y Brown Y Brush Y Burton
Butler Y Cable Y Cagle Y Cheeks Y Crotts Y Dean Y Egan Y Fort Y Gillis Y Gingrey Y Golden Y Guhl

Y Hamrick Y Harbison Y Hecht Y Hill Y Hooks Y Huggins Y Jackson Y James Y Johnson,E Y Kemp
Ladd Y Lamutt Y Land Y Lee Y M V Bremen Y Madden Y Marable Y Perdue Y Polak

Y Price,R Y Price,T Y Ragan Y Ray
Scott Y Smith Y Starr Y Stephens Y Stokes Y Streat
Tanksley Y Tate Y Thomas,D Y Thomas,N Y Thomas,R Y Thompson
Walker Y Williams

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HR 1188.

The following messages were received from the House through Mr. Rivers, the Clerk thereof:

Mr. President:

The House has passed by the requisite constitutional majority the following bills of the Senate:

SB 504.

By Senator Thompson of the 33rd:

A bill to be entitled an Act to amend an Act reincorporating and providing a new charter for the City of Austell in Cobb and Douglas Counties, as amended, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers; to provide for the authority of this Act; to provide for related matters; to repeal conflicting laws.

SB 540.

By Senator Lee of the 29th:

2600
SB 76. SB 356.
SB 539. SB 458. SB 442. SB 401.

JOURNAL OF THE SENATE
A bill to be entitled an Act to provide for a homestead exemption from certain Meriwether County ad valorem taxes for county purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead for the taxable year immediately preceding the taxable year in which that exemption is first granted to the current owner; to provide for a homestead exemption from certain Meriwether County School District ad valorem taxes for educational purposes in an amount equal to the amount of the assessed value of that homestead that exceeds the assessed value of that homestead; to repeal conflicting laws.
By Senators Brown of the 26th, Broun of the 46th, Starr of the 44th and others:
A bill to amend Part 12 of Article 7 of Chapter 3 of Title 12 of the Offic ial Code of Georgia Annotated, relating to the Georgia Sports Hall of Fame Authority, so as to change the membership of the authority; to provide for related matters; to provide an effective date.
By Senators Meyer von Bremen of the 12th and Bowen of the 13th:
A bill to be entitled an Act to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that the Georgia Crime Information Center shall periodically conduct audits of crime reporting practices of criminal justice agencies to ensure compliance with the standards of national and state uniform crime reporting systems and to ensure reporting of criminal arrests, dispositions, and custodial information; to provide that criminal justice agencies shall furnish upon written request and without charge to any local fire department in this state a copy of the criminal history record information of an applicant for employment; to repeal conflicting laws.
By Senator Stephens of the 51st:
A bill to be entitled an Act to amend an Act creating a board of commissioners of Gilmer County so as to change the compensation of the chairperson of the board of commissioners; to provide for cost-of-living adjustments and longevity increases; to provide for an effective date; to repeal conflicting laws.
By Senators Starr of the 44th and Hecht of the 34th:
A bill to amend Article 8 of Chapter 6 of Title 40 of the O.C.G.A., relating to rules of the road applicable to operation of school buses, so as to provide that it shall be unlawful to operate any school bus which is transporting children unless the driver is equipped with certain communications equipment; to provide for related matters; to repeal conflicting laws.
By Senator Ray of the 48th:
A bill to be entitled an Act to amend an Act to continue and re-create the State Court of Gwinnett County, as amended, so as to provide for an additional judge for the State Court of Gwinnett County; to provide for related matters; to provide an effective date; to repeal conflicting laws.
By Senators Starr of the 44th, Walker of the 22nd and Marable of the 52nd:
A bill to be entitled an Act to amend Subpart 2 of Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school disciplinary tribunals, so as to require local school systems receiving certain state education funds to suspend a student who commits any act of violence resulting in substantial injury to a teacher for the remainder of the school year; to provide for a disciplinary hearing regarding the suspension; to provide that such a student shall not be eligible for enrollment in public education programs, except that a local board of education may enroll such a student in an alternative education program beginning with the school year following the student's suspension; to repeal conflicting laws.

Wednesday, March 22, 2000

2601

The House has adopted by the requisite constitutional majority the following resolutions of the Senate:

SR 556.

By Senators Walker of the 22nd, Hill of the 4th, Kemp of the 3rd and others:

A resolution creating the Joint Hospital Indigent Care Funding Study Committee.

SR 624.

By Senator Jackson of the 50th:

A resolution designating the Ted Taft Copeland Dam.

SR 519.

By Senators Tate of the 38th, Streat of the 19th, Cheeks of the 23rd and others:

A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty; to provide that funds may be appropriated and insurance purchased for such purpose; to provide for submission of this amendment for ratification or rejection.

SR 478.

By Senators Ragan of the 11th, Meyer von Bremen of the 12th, Blitch of the 7th and others:

A resolution urging the Congress of the United States to address potential federal monetary assessments that could be placed on southeastern peanut growers, including Georgia peanut growers, when the 2000 peanut crop is harvested.

The House has agreed to the Senate amendments to the following bills of the House:

HB 1464. HB 1133. HB 1405. HB 1412.

By Representatives Jamieson of the 22nd and McCall of the 90th:
A bill to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to specify conditions under which such districts shall not be liable for certain loss, damage, injury, or death.
By Representatives Ehrhart of the 36th, Stuckey of the 67th, Wiles of the 34th and others:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to change certain provisions relating to custody of children.
By Representatives Connell of the 115th, Williams of the 114th and Harbin of the 113th:
A bill to amend Code Section 15-11-39 of the Official Code of Georgia Annotated, relating to transfer to another court for prosecution and termination of juvenile court jurisdiction, so as to lower from 15 to 13 years the age at which a juvenile may be transferred to another court.
By Representative Richardson of the 26th:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to state and county correctional institutions, so as to require the Department of Corrections to notify the sentencing judge, sheriff, and victims when an inmate is released.

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HB 340.

By Representative Wiles of the 34th:

A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage.

HB 811.

By Representative Greene of the 158th:

A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of the superior courts, so as to change the terms of the Superior Court of Randolph County.

HB 1372.

By Representatives Martin of the 47th, Stanley of the 50th, Stanley of the 49th and others:

A bill to amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, so as to incorporate into said Act certain provisions regarding additional penalties and bail and bond amounts to be imposed for certain jail purposes.

HB 1031.

By Representatives Bannister of the 77th, Cummings of the 27th, Shanahan of the 10th and others:

A bill to amend Code Section 47-6-80 of the Official Code of Georgia Annotated, relating to eligibility and application for a retirement allowance under the Georgia Legislative Retirement System and related matters, so as to authorize the board of trustees of such retirement system to grant a discretionary increase in such allowance.

HB 648.

By Representatives Whitaker of the 7th, Jackson of the 112th, DeLoach of the 119th and others:

A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state departments and entities, so as to require certain motor vehicles owned or leased by certain governmental entities or purchased or leased with public funds to be identified with certain markings, decals, or seals.

HB 542.

By Representatives Heard of the 89th, Hugley of the 133rd, Taylor of the 134th and others:

A bill to amend Code Section 10-5B-4 of the Official Code of Georgia Annotated, relating to required and prohibited telephone conduct and activities with respect to telemarketing, so as to make it unlawful for certain persons who make telephone offers to sell or telephone sales in this state to fail to state clearly the name and telephone number of the business initiating the call within the first 25 seconds of the call and at the conclusion of the call.

HB 1426.

By Representatives Twiggs of the 8th, Murphy of the 18th, Walker of the 141st and others:

A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to the control of soil erosion and sedimentation, so as to change the requirement for protective natural buffers adjacent to state waters; to provide for a 50 foot buffer adjacent to or on land adjacent to trout streams and a 25 foot buffer adjacent to other state waters; to provide that the vegetation within such buffer may not be cut until land-disturbing activities have ceased.

HB 1392.

By Representatives Jenkins of the 110th, Twiggs of the 8th and Day of the 153rd:

A bill to amend Code Section 16-11-181 of the Official Code of Georgia Annotated, relating to inapplicability of state Brady law regulations to certain firearms and persons, so as to eliminate an exemption from backgrounds checks for certain peace officers.

The House has agreed to the Senate amendments to the following resolutions of the House:

Wednesday, March 22, 2000

2603

HR 1081.

By Representatives Parrish of the 144th, Childers of the 13th, Smith of the 12th and others:

A resolution authorizing the conveyance of certain state owned real property located in Emanuel County; authorizing the conveyance of certain state owned property located in Floyd County; authorizing the conveyance of certain state owned real property in Gordon County.

HR 1079.

By Representatives Stanley of the 50th, Stanley of the 49th, Jamieson of the 22nd and others:

A resolution creating the Commission on Psychiatric Medication of School-Age Children.

HR 1008.

By Representatives Rogers of the 20th, Murphy of the 18th, Connell of the 115th and others:

A resolution designating the Howard T. Overby National Guard Armory in Gainesville.

The House has agreed to the Senate substitutes to the following bills of the House:

HB 646.

By Representatives Childers of the 13th and Jones of the 71st:

A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the licensing of end stage renal disease facilities; to provide for definitions, fees, and rules; to provide for exemptions; to provide licensing standards; to provide for regulation of dialysis technicians.

HB 1456.

By Representatives Mueller of the 152nd, Day of the 153rd, Stephens of the 150th and others:

A bill to amend an Act creating the Board of Elections of Chatham County, so as to change the method of appointing the chairperson of the board.

HB 1079.

By Representative Shanahan of the 10th:

A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to the governments, so as to define certain terms; to provide that all public works construction contracts entered into by a governmental agency shall be in writing and entered into minutes.

HB 1257.

By Representatives Borders of the 177th, Shaw of the 176th and Stallings of the 100th:

A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to change definitions.

HB 1381.

By Representatives Watson of the 70th, Walker of the 141st, Heard of the 89th and others:

A bill to amend Chapter 7 of Title 33 of the Official Code of Georgia Annotated, relating to kinds of insurance, limits of risk, and reinsurance, so as to change what is considered to be property insurance; to require that only surety insurers authorized to transact business in this state may issue certain surety bonds.

HB 1726.

By Representatives Bordeaux of the 151st, Jackson of the 148th, Day of the 153rd and others:

A bill to amend an Act creating the Chatham-Savannah Authority for the Homeless, so as to change provisions relating to membership, meetings, and purposes of the authority.

HB 904.

By Representatives Smyre of the 136th, Sinkfield of the 57th, Stanley of the 49th and others:

A bill to amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to enact the "Childhood Lead Exposure Control Act".

2604

JOURNAL OF THE SENATE

HB 584. HB 415.
HB 1553. HB 1654. HB 1425. HB 1348. HB 1379. HB 304.

By Representatives Mobley of the 69th, Ragas of the 64th, Brooks of the 54th and others:
A bill to amend Code Section 17-7-93 of the Official Code of Georgia Annotated, relating to arraignment and entry of plea in criminal cases, so as to provide that prior to acceptance of a plea of guilty the court shall determine whether the defendant is freely entering the plea with an understanding as to its effect on the status of a resident alien or naturalized citizen.
By Representatives Stuckey of the 67th, Sauder of the 29th, Walker of the 141st and others:
A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to agency, so as to clarify provisions relating to the effect of the appointment of a guardian of the property on a written power of attorney; to amend the statutory form for financial power of attorney and the explanation of such form for principals to clarify that appointment of a guardian of property terminates such agency.
By Representatives Skipper of the 137th, Benefield of the 96th, Murphy of the 18th and others:
A bill to amend Chapter 5 of Title 32 of the Official Code of Georgia Annotated, relating to funds for public roads, so as to provide for allocation of transportation funds.
By Representative Skipper of the 137th:
A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to provide for the Southwest Georgia Railroad Excursion Authority.
By Representatives Cummings of the 27th, Murphy of the 18th and Richardson of the 26th:
A bill to provide for an additional judge of the superior court of the Tallapoosa Judicial Circuit.
By Representatives Smith of the 169th, Benefield of the 96th, Coleman of the 142nd and others:
A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Annotated, relating to transportation of freight and passengers generally, so as to establish a comprehensive, coordinated, and prioritized system of railway passenger service routes for, within, and throughout this state and to nearby states for purposes of state planning and development and commencement of service.
By Representatives Hudson of the 156th, Holland of the 157th, Ray of the 128th and others:
A bill to amend Code Section 45-18-1, relating to definitions relative to the state employees' health insurance plan, so as to provide for inclusion in such plan state employees of the Georgia-Federal State Inspection Service who are active or retired members of the Employees' Retirement System of Georgia.
By Representatives Porter of the 143rd and Parham of the 122nd:
A bill to amend Article 4 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts and violations of ordinances of counties and state authorities, and Code Section 16-7-21 of the Official Code of Georgia Annotated, relating to the offense of criminal trespass, so as to authorize magistrate courts to impose 12 months' imprisonment for violations of county ordinances and ordinances of state authorities.

Wednesday, March 22, 2000

2605

HB 1383.

By Representatives Williams of the 114th and Jennings of the 63rd:

A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to redefine the term "malt beverage"; to provide for legislative findings and declaration; to provide for the amount of excise tax to be levied on strong malt beverages.

HB 1736.

By Representatives Harbin of the 113th, Jackson of the 112th and Williams of the 114th:

A bill to provide for an advisory referendum election to be held in Columbia County for the purpose of determining the form of county government desired by the people of Columbia County.

HB 1421.

By Representative Teague of the 58th:

A bill to create the South Fulton Municipal Regional Water and Sewer Authority.

HB 1296.

By Representatives Jamieson of the 22nd, Royal of the 164th and Skipper of the 137th:

A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to provide for additional grounds for removal of members of county boards of tax assessors; to provide for performance review of such boards; to provide for selection, qualification, powers, and duties of members of performance review boards.

The House has agreed to the Senate substitutes to the following resolutions of the House:

HR 847.

By Representatives Childers of the 13th, Smith of the 12th, McClinton of the 68th and others:

A resolution directing the acceptance and placing in the State Capitol of a portrait of Ellen Louise Axson Wilson, the first First Lady from Georgia.

HR 756.

By Representatives Stephens of the 150th, DeLoach of the 172nd, Lane of the 146th and others:

A resolution designating the Tom Triplett Parkway.

HR 850.

By Representative Bordeaux of the 151st:

A resolution creating the Joint House and Senate Long-Term Care Industry Study Committee.

HR 956.

By Representative Mueller of the 152nd:

A resolution authorizing the conveyance of certain state owned real property located in Chatham County.

HR 1011.

By Representative Parham of the 122nd:

A resolution creating the Joint Study Committee on Historic Local Government Records.

The House has agreed to the Senate amendments to the House substitutes to the following bills of the Senate:

SB 343.

By Senator Madden of the 47th:

A bill to be entitled an Act to amend Article 3 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to construction and operation of waterworks and sanitary sewage systems, so as to provide that any private entity shall obtain the consent of the governing authority of a political subdivision before exercising condemnation rights within such jurisdiction; to provide an effective date; to repeal conflicting laws.

2606

JOURNAL OF THE SENATE

SB 69.

By Senators Roberts of the 30th, Madden of the 47th, Hooks of the 14th and others:

A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to display of motor vehicle driver's license in lieu of bail, recognizance, or incarceration in certain cases, so as to change provisions specifying the cases in which such substitution is permissible; to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for issuance of motor vehicle liability insurance policies, so as to provide for certain policy issuance, renewal, or replacement reporting requirements.

SB 479.

By Senators Madden of the 47th, Meyer von Bremen of the 12th, Smith of the 25th and others:

A bill to be entitled an Act to amend Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to the administration of certain mental disability services, so as to provide for a state ombudsman and for community ombudsmen for mental health, mental retardation, and substance abuse; to provide for the duties of such state ombudsman; to provide that the state ombudsman will be under the supervision and direction of the consumers' insurance advocate; to provide for contracts for the operation of a community ombudsman program for this state and for the components of that program; to provide for reviews, responses, recommendations, and actions regarding community ombudsman investigations; to repeal conflicting laws.

SB 407.

By Senators Hecht of the 34th, Scott of the 36th, Kemp of the 3rd and others:

A bill to be entitled an Act to be known as the "Georgia Protection of Elder Persons and Disabled Adults Act of 2000"; to amend Chapters 5, 6, 8, and 9 of Title 16 of the O.C.G.A., relating respectively to crimes against the person, sexual offenses, theft, and forgery and fraudulent practices; Chapters 3 and 8 of Title 17 of the O.C.G.A., relating respectively to limitations on prosecution and trial; Chapter 3 of Title 24 of the O.C.G.A., relating to hearsay; Chapters 1 and 5 of Title 30 of the O.C.G.A., relating respectively to general provisions relative to handicapped persons and protection of disabled adults and elder persons, so as to provide for increased penalties for certain crimes committed against elder persons and certain disabled adults; to repeal conflicting laws.

The House has agreed to the Senate amendment to the House substitute to the following resolution of the Senate:

SR 411.

By Senators Starr of the 44th, Scott of the 36th, Johnson of the 1st and others:

A resolution proposing an amendment to the Constitution so as to allow the Governor to appoint a replacement for any member of the General Assembly who has been convicted of a felony in a trial court of this state or the United States; to make editorial revisions; to provide for the submission of this amendment for ratification or rejection.

The House recedes from its position in disagreeing to the Senate substitute to the following bill of the House:

HB 814.

By Representatives Orrock of the 56th, Hegstrom of the 66th and West of the 101st:

A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the licensing of practitioners of acupuncture.

The House recedes from its position in amending the following bill of the Senate:

SB 334.

By Senators Madden of the 47th, Hill of the 4th, Hooks of the 14th and others:

A bill to be entitled an Act to amend Chapter 20B of Title 33 of the Official Code of Georgia Annotated, the "Essential Rural Health Care Provider Access Act," so as to eliminate the exemption for health maintenance organizations; to provide related matters; to repeal conflicting laws.

Wednesday, March 22, 2000

2607

The House has adopted the report of the Committee of Conference on the following bills of the House:

HB 1182.

By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:

A bill to amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, known as the "Environmental Policy Act," so as to create the Environmental Protection Division Agricultural Advisory Committee; to provide for the purpose, membership, chairperson, expenses, powers, and duties of the committee; to amend Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules and legislative consideration or override of rules, so as to repeal certain provisions relating to rules of the Environmental Protection Division of the Department of Natural Resources.

HB 172.

By Representatives Coleman of the 142nd, Childers of the 13th, Sinkfield of the 57th and others:

A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to transfer the Division of Rehabilitation Services from the Department of Human Resources to the Department of Labor.

HB 1361.

By Representatives Lucas of the 124th, Snow of the 2nd, Skipper of the 137th and others:

A bill to amend Article 1 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions of the "Ethics in Government Act," so as to require newspapers and other companies which accept paid political advertisements to maintain certain records concerning the identity of persons purchasing such advertisements.

HB 1206.

By Representatives Scheid of the 17th, Stuckey of the 67th, Squires of the 78th and others:

A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide training requirements for clerks of the juvenile courts; to provide for clerks pro tempore.

HB 1441.

By Representative Murphy of the 18th:

A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the position of commissioner of motor vehicle safety and the Department of Motor Vehicle Safety.

HB 1180.

By Representative Parham of the 122nd:

A bill to amend Code Section 40-6-45 of the Official Code of Georgia Annotated, relating to further limitations on driving on left of center of roadway, so as to change certain provisions relating to intersections and railroad grade crossings.

HB 837.

By Representative Bordeaux of the 151st:

A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation, so as to provide when the cause of action for trespass upon or damage to realty accrues.

HB 1135.

By Representatives Buck of the 135th, Royal of the 164th, Sims of the 167th and others:

A bill to amend Code Section 50-5-35 of the Official Code of Georgia Annotated, relating to factors to be considered with respect to state administrative space management, so as to change certain provisions regarding preferences to certain economically depressed counties.

2608

JOURNAL OF THE SENATE

HB 1240.

By Representatives Campbell of the 42nd and Massey of the 86th:

A bill to amend Code Section 16-6-2 of the Official Code of Georgia Annotated, relating to sodomy and aggravated sodomy, so as to provide that sodomy with a person who is less than ten years of age shall constitute the offense of aggravated sodomy.

The House has adopted the report of the Committee of Conference on the following bills of the Senate:

SB 498.

By Senator Smith of the 25th:

A bill to be entitled an Act to provide a homestead exemption from Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for referendum, effective dates, and automatic repeal; to repeal conflicting laws.

SB 462.

By Senators Hecht of the 34th and Starr of the 44th:

A bill to be entitled an Act to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce, so as to insert the "Georgia Cemetery and Funeral Services Act of 2000"; to amend extensively the "Georgia Cemetery Act of 1983"; to revise and provide additional definitions; to change provisions relating to registration of owners of cemeteries; to provide for registration of burial or funeral merchandise dealers and preneed dealers; to provide for applications for registration and their form, contents, verification, and filing fees; to provide for notice that land designated as a cemetery shall not be conveyed or encumbered without prior approval; to provide for duties of the Secretary of State regarding applications for registration; to repeal conflicting laws.

SB 349.

By Senators Crotts of the 17th, Harbison of the 15th, Price of the 56th and others:

A bill to be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special license plates, so as to change the provisions relating to special license plates for military reservists and provide for identifying the branches of the reserve and for retired reservists; to change the provisions relating to proof of eligibility for certain members and retired members of the National Guard; to repeal conflicting laws.

SB 297.

By Senators Brown of the 26th, Ladd of the 41st, Polak of the 42nd and others:

A bill to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change certain references relating to cruelty to animals; to include a certain reference relating to animal fighting; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to revise comprehensively the law relating to the offense of cruelty to animals; to repeal conflicting laws.

SB 524.

By Senators Streat of the 19th, Cheeks of the 23rd and Huggins of the 53rd:

A bill to be entitled an Act to amend Chapter 7 of Title 12 of the Official Code of Georgia Annotated, relating to control of soil erosion and sedimentation, so as to provide for erosion and sediment control plans for certain construction or maintenance projects of the Department of Transportation or the State Tollway Authority; to provide for an Erosion and Sediment Control Overview Council and the appointment, powers, duties, and compensation of members thereof; to change certain provisions relating to exemptions from the applicability of provisions of said chapter; to repeal conflicting laws.

The House has adopted the report of the Committee of Conference on the following resolutions of the House:

Wednesday, March 22, 2000

2609

HR 1053.

By Representative Bailey of the 93rd:

A resolution compensating Mr. Calvin C. Johnson, Jr.

HR 1188.

By Representatives Houston of the 166th, Walker of the 141st, Coleman of the 142nd and others:

A resolution honoring the life of Billy Browning and designating the Billy Browning Highway.

The House has adopted the report of the fourth Committee of Conference on the following bill of the Senate:

SB 30.

By Senators James of the 35th and Butler of the 55th:

A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for the regulation of public swimming pools; to provide for legislative purpose; to provide a definition; to provide for annual permits; to provide for permit fees; to provide for rules and regulations to be adopted by the Department of Human Resources related to regulation of the design, operation, and maintenance of public swimming pools.

The following communications were received by the Secretary:

The State Senate Atlanta, Georgia 30334

March 22, 2000

The Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334

Dear Secretary Eldridge:

In viewing the daily roll call roster, I was recorded as "absent" during the following days:

January 24, January 26, February 3, February 8, February 10, February 22, February 24 and March 13.

Please be advised I was present all forty days of session and my voting record will validate my presence.

Sincerely,

/s/ Mike Polak State Senator

March 22, 2000
The Honorable Frank Eldridge, Jr. Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334
Dear Secretary Eldridge:

The State Senate Atlanta, Georgia 30334

2610

JOURNAL OF THE SENATE

In viewing the daily roll call roster, I was recorded as "absent" and/or "excused" during the following days: "Excused": February 4 "Absent" : February 8, February 10, February 23, March 8 and March 13.
Please be advised I was present all forty days of session and my voting record will validate my presence.
Sincerely,
/s/ B. Joseph Brush, Jr. State Senator
The President announced that, pursuant to the Constitution of the State of Georgia, the Senate stand adjourned sine die at 11:53 p.m., Wednesday, March 22, 2000.

INDEX

2611

2612

JOURNAL OF THE SENATE

Senate Journal Index
2000 REGULAR SESSION

INDEX

2613

2614

JOURNAL OF THE SENATE

PART I, NUMERIC INDEX SENATE BILLS AND RESOLUTIONS

SB

2--Health Insurers; Patient & Provider Health Care Relief Act.......................................No Senate action in 2000

SB

4--Land, Water, Wildlife and Recreation Heritage Fund...................................................No Senate action in 2000

SB

5--Local Boards of Education; Members; Health Insurance Coverage ........................No Senate action in 2000

SB

6--Elections; Qualifying or Recall Petitions; Notary Signature .....................................No Senate action in 2000

SB

7--Living Wills, Durable Powers of Attorney or Agency; Valid Documents ...............No Senate action in 2000

SB

8--Driver's License; Speed Limit Offenses; Limited Driving Permits .........................No Senate action in 2000

SB

11--Serious Felony Crimes; Punishment; No Sentence-Reduction or Parole....................................................... 361

SB

14--Georgia Children and Teachers Right to Safe School Health Act ..............................No Senate action in 2000

SB

15--Pistols or Revolvers; License to Carry; Prohibition ....................................................No Senate action in 2000

SB

16--Therapeutically Licensed Optometrists ...........................................................................No Senate action in 2000

SB

18--Marriage; Age Limits; Parental Consent; Pregnancy.................................................No Senate action in 2000

SB

19--Garnishment Proceedings...................................................................................................No Senate action in 2000

SB

21--Public Records; Exception to Disclosure .......................................................................No Senate action in 2000

SB

22--Professional Engineers and Land Surveyors; Continuing Education Exemption.....No Senate action in 2000

SB

23--Business Corporations; Electronic Filing of Documents.............................................No Senate action in 2000

SB

25--Physical Therapy and Physiotherapy; Scope of Practice .............................................No Senate action in 2000

SB

26--Child Custody Proceedings; Visitation Issues ..............................................................No Senate action in 2000

SB

27--Warrant for Arrest of Certain Teachers, Administrators ............................................................... 18, 23, 78, 111,

114, 1490, 1820

SB

30--Public Swimming Pools Regulation; On-site Sewage Management Systems ....................183, 247, 314, 345,

445, 2279, 2557, 2592,

2609

SB

31--Jury Service; Persons Excused; Certain Parents, Guardians......................................No Senate action in 2000

SB

33--Ethics Laws; Former State Officers, Legislators; Appearances ............................................................... 191, 927

SB

35--Public School Disciplinary Tribunals; Membership.....................................................No Senate action in 2000

SB

36--Student Academic Performance; Satisfactory Scores ..................................................No Senate action in 2000

SB

37--Farmers' Mutual Fire Insurance Policies................................................................................................................ 146

SB

38--Advisory Committee on Pain Management for Terminally Ill..................................................1332, 2405, 2465

SB

40--Driver's License; Speed Limit Offenses; Limited Driving Permits ..........................No Senate action in 2000

SB

43--Driver's License; Printed Implied Consent Notices......................................................No Senate action in 2000

SB

44--Elections; Absentee Ballots ..............................................................................................No Senate action in 2000

SB

45--State Employees Retirement; Certain Military Service..........................................................520, 580, 797, 815,

2147, 2305

SB

46--Teachers Retirement System; Creditable Service .........................................................No Senate action in 2000

SB

48--Surface Water; Withdrawal, Diversion Permits ............................................................No Senate action in 2000

SB

50--Educational Care Teams to Evaluate a School's Academic Performance..................No Senate action in 2000

SB

52--Employee Wage or Salary Payments; Credit to Bank Account ....................................................................18, 23

SB

53--Parking Law for Persons With Disabilities; Enforcement...........................................No Senate action in 2000

SB

54--Hospitals; Nonprofit Entities; Renewal of Leases .......................................................No Senate action in 2000

SB

55--Airports; Misdemeanor Traffic Offenses .......................................................................No Senate action in 2000

SB

58--Health Insurance; Registered Nurse First Assistant Consumer Act...........................No Senate action in 2000

SB

60--Food Service Establishment; Food Protection Managers .................................................... 967, 989, 1163, 1190

SB

65--Ambulance Service Territories ............................................................................................................................18, 23

SB

67--School Selection; Parent Choice Within School System.............................................No Senate action in 2000

SB

68--Early HOPE Scholarship Act; Tuition Grants; Low-Income Students ...................No Senate action in 2000

SB

69--Minimum Motor Vehicle Liability Insurance Coverage; Enforcement; Insurer

203, 226, 265, 272,

Reporting.............................................................................................................................. ..........1245, 2149, 2606

SB

70--Juvenile Courts; Additional Authority; Child Support Enforcement ......................No Senate action in 2000

SB

71--Parties to Crimes Committed by a Juvenile.....................................................................No Senate action in 2000

SB

73--Fire or Other Hazards Endangering Persons or Property..............................................No Senate action in 2000

SB

75--Long-Term Care; Free Standing Assisted Living Units; Certificate of Need.........No Senate action in 2000

SB

76--Sports Hall of Fame Authority Membership.......................................................................................................2600

INDEX

2615

SB

78--State, Local Governmental Agencies; Regulatory Reform Act of 1999...................No Senate action in 2000

SB

79--Probate Judge Serving as Election Superintendent; Nonpartisan Election...............No Senate action in 2000

SB

80--Elections; Write-In Candidates; Notice of Intention...................................................No Senate action in 2000

SB

81--Sales Tax; Exemption; Fuel Sales for Commercial Fishermen .................................No Senate action in 2000

SB

84--Motorcycle Riders; Protective Headgear........................................................................No Senate action in 2000

SB

85--Elections; Qualifying or Recall Petitions; Affidavits; Notary Signature ................No Senate action in 2000

SB

86--Auricular Acupuncturist Practicing Detoxification; Certification..............................No Senate action in 2000

SB

87--Trucks, Buses, Truck Tractor Carriers; Registration, Licenses, Permits .................No Senate action in 2000

SB

88--Motor Vehicle Franchise Practices; Dealership Rights ...............................................No Senate action in 2000

SB

89--Essential Rural Non-emergency Transportation Provider Access Act.......................No Senate action in 2000

SB

90--Motor Vehicles Recently Acquired; Temporary License Plates ................................No Senate action in 2000

SB

91--Election Code; Write-in Candidates...............................................................................No Senate action in 2000

SB

92--Mobile New Institutional Health Services; Certificate of Need Exemption.............No Senate action in 2000

SB

93--Traffic Citations; Failure to Appear...................................................................................................................18, 23

SB

95--Cosmetology, Esthetics, Nail Care, Beauty Salons ................................................................................1773, 2268

SB

96--Paternity Orders; Effect of.................................................................................................No Senate action in 2000

SB

97--Probate Code; Heirs of Deceased Intestate; Temporary Administrator...................No Senate action in 2000

SB

101--QBE Funding; Remedial Education Services; School Social Workers....................No Senate action in 2000

SB

102--Foster and Adoptive Homes; DHR Selection Decisions .............................................No Senate action in 2000

SB

104--Driver's License; Points for Child Safety Restraint Violations .....................................................................18, 23

SB

106--Counties, Municipalities; Contracts ................................................................................No Senate action in 2000

SB

107--Unemployment Compensation; Employer Contributions and Payments .................No Senate action in 2000

SB

112--Student Honors Program; Home Study Students ..........................................................No Senate action in 2000

SB

114--Watercraft; Boats or Outboard Motors; Titling; Registration...................................No Senate action in 2000

SB

116--Insurers; Health Benefit Plans; Payment of Claims .....................................................No Senate action in 2000

SB

118--National Crime Prevention & Privacy Compact ..............................................................................................18, 23

SB

119--Unemployment Compensation; Benefit Entitlement; Severance Pay ......................No Senate action in 2000

SB

120--Parole or Early Release Prohibited for Causing Certain Injury or Death...................No Senate action in 2000

SB

121--Water Quality Violations; Additional Sewer Connections Prohibited...............................................18, 24, 451

SB

122--Mutual Holding Company Act; Reorganization or Merger Plans..............................No Senate action in 2000

SB

123--Traffic-control Signal Monitoring Devices; Recorded Images .................................No Senate action in 2000

SB

124--Venue; Doctrine of Forum Non Conveniens ....................................................................................................18, 24

SB

125--Woman's Right to Know Act; Informed Consent to Abortion Procedures ..............No Senate action in 2000

SB

126--Probationers Convicted of Crimes Against Children.....................................................No Senate action in 2000

SB

127--License Plates; Special for Firefighters ..........................................................................No Senate action in 2000

SB

129--Braselton Municipal Court .............................................................................................................................. 988, 991

SB

131--Assisted Living Facilities and Personal Care Services; Licensing ............................No Senate action in 2000

SB

132--Student Discipline Reports by Local Boards of Education ............................................................................18, 24

SB

135--Cobb County Community Improvement Districts; Purpose........................................No Senate action in 2000

SB

137--Child Custody Actions; Great Grandparent Participation.................................................................................2589

SB

141--Health Insurance; Mastectomy or Lymph Node Dissection Inpatient Care .............No Senate action in 2000

SB

142--Law Enforcement Officers' Rights; Non-criminal Investigations .............................No Senate action in 2000

SB

144--Consumer Access to Long-term Care Service ............................................................................................ 829, 925

SB

147--Employees' Retirement; Creditable Service; Military Service...................................No Senate action in 2000

SB

149--DUI Offenders; Publication of Conviction Notices and Photographs.......................No Senate action in 2000

SB

152--School Security Personnel; Carrying of Firearms or Weapons.................................No Senate action in 2000

SB

153--Crimes Against Persons or Property Because of Perpetrator's Belief or

Perception..............................................................................................................................No Senate action in 2000

SB

155--Badges Used by Public Safety Officers; Unlawful Use...............................................No Senate action in 2000

SB

156--Health Insurance Legislation; Prerequisite for Introduction.......................................No Senate action in 2000

SB

157--Health Service Provider; Psychologists Prescribing Drugs.........................................No Senate action in 2000

SB

158--Managed Health Care Plans; Patient's Right to Independent Review Act................No Senate action in 2000

SB

159--Salt Water Fishing; Commercial Trawlers; Possession Limit on Whiting..............No Senate action in 2000

SB

160--Henry County Board of Education Elections........................................................................................................ 105

SB

161--Flint Judicial Circuit; Judges and DA Salary Supplements............................................................................18, 24

SB

162--Henry County Board of Education; Compensation............................................................................................. 105

2616

JOURNAL OF THE SENATE

SB

166--Motor Vehicles Subject to Forfeiture; Unauthorized License Plates.........................No Senate action in 2000

SB

168--Evidence; Privileged Information; Medical Research Data .......................................No Senate action in 2000

SB

169--Tax Executions; Secured Transactions; Transfer of Liens.........................................No Senate action in 2000

SB

171--Health Planning; Certificate of Need; Certain Radiation Therapy ..........................No Senate action in 2000

SB

172--Hospitals; Maintenance of Patient Medical Records...................................................No Senate action in 2000

SB

173--Elections; Date of Primaries to Nominate Candidates .................................................No Senate action in 2000

SB

174--Income Taxes; Gradual Reduction in Tax Rate for Individual Taxpayers ..............No Senate action in 2000

SB

175--Fleeing, Attempting to Elude Police Officer; Penalty.....................................................................................18, 24

SB

176--Civil, Criminal Case Filings and Processing in Electronic Format.......................................................... 122, 231

SB

182--Teachers; Certification to Teach Reading ......................................................................No Senate action in 2000

SB

183--Prohibit Naming State Property for Living Elected Officials .................................................................. 430, 452

SB

185--Health Planning; Certificate of Need Exemption; Certain Radiation Therapy.......No Senate action in 2000

SB

186--Fraud or Abuse of Victims Over Age 65; Increase Punishment.................................No Senate action in 2000

SB

187--Teachers Retirement; Prior Service Credit .....................................................................No Senate action in 2000

SB

188--Firefighters' Pension Fund; Eligible Members .............................................................No Senate action in 2000

SB

189--Ad Valorem Tax Returns; Documentary Evidence; Owner Names .........................No Senate action in 2000

SB

190--Public School Discipline Act; Juvenile Court Jurisdiction; School Attendance....No Senate action in 2000

SB

191--Covenant Marriage Act.......................................................................................................No Senate action in 2000

SB

194--Teachers, K-5; Duty-free Lunch Period.............................................................................................................18, 24

SB

198--Public School Services; Privatization Contracts ...........................................................No Senate action in 2000

SB

199--Disabled Adults and Elder Persons; Protective Services .............................................No Senate action in 2000

SB

201--Student Achievement; Projects to Improve School Accountability...........................No Senate action in 2000

SB

202--Health Service Provider Psychologists; Prescription Authority.................................No Senate action in 2000

SB

203--Juveniles Alleged Committed Crime of Arson; Court Jurisdiction ...........................No Senate action in 2000

SB

211--Seat Belt Requirements; Sport Utility Vehicles, Pickup Trucks .........................................................2394, 2407

SB

212--TANF; Public Assistance Eligibility; Fingerprint Identification...............................No Senate action in 2000

SB

213--Homestead Option Sales Tax Proceeds; Distribution; Expenditures........................No Senate action in 2000

SB

214--Evidence; Statements of Child Victims of Sexual Contact or Physical Abuse.......No Senate action in 2000

SB

215--DeKalb County Merit System; Inclusion of Department Heads...............................No Senate action in 2000

SB

216--Jury Lists; Procedure to Remove Certain Persons..........................................................................................18, 25

SB

219--Towaliga Judicial Circuit; Create New Circuit..............................................................No Senate action in 2000

SB

221--Property; Covenants Restricting Land Uses Affecting Planned Subdivisions.........No Senate action in 2000

SB

224--Ralph Mark Gilbert Civil Rights Museum........................................................................................................18, 25

SB

225--Campaign Contributions; Disclosure Reports; Electronic Filing..............................No Senate action in 2000

SB

226--Educational Programs for At-Risk Students; Grants ....................................................No Senate action in 2000

SB

227--Absentee Ballots; Additional Places for Receiving, Voting..........................................................................18, 25

SB

228--Appeals & Error; Granting of New Trials ..................................................................................829, 925, 972, 992,

1046, 1790, 2143

SB

229--Watershed Protection Plans Applicable Public Water Supply .....................................No Senate action in 2000

SB

232--Driver's License; Eyesight Tests ........................................................................................................................18, 25

SB

233--Ad Valorem Tax Exemption; Historical Fraternal Benefit Associations .................No Senate action in 2000

SB

234--Vehicle Repairs; Claims During Warranty Period...................................................................................... 471, 495

SB

235--Elections; Voting by Early Ballot....................................................................................No Senate action in 2000

SB

239--Pharmacy Practice Act; Pharmacies Shipping into State................................................................................... 411

SB

244--School Health; Student Medications; Administration Guidelines ............................No Senate action in 2000

SB

246--Alcoholic Beverage Sales to Underage Persons; License Suspension......................No Senate action in 2000

SB

247--Senatorial Districts 1 & 2; Change Description................................................................................................18, 25

SB

249--Mental Health Therapists and Associate Therapists; License to Practice.................No Senate action in 2000

SB

250--Education; Grades K-3 Instructional Period; Maximum Class Sizes .......................No Senate action in 2000

SB

251--Georgia Agricultural Facilities Authority Act................................................................No Senate action in 2000

SB

252--QBE Funding; Middle School Program Grants; Waivers .........................................No Senate action in 2000

SB

253--License Plates; Special; Programs to Benefit Children and Adolescents ................No Senate action in 2000

SB

254--Hancock County Board of Education; Compensation ..........................................................................1519, 2102

SB

255--Health Insurers; Coverage; Post-surgical Care; Appropriate Patient Care Act ....No Senate action in 2000

SB

257--Kindergarten Programs; Enrollment Age and Birth Date.......................................................................... 579, 778

SB

260--Insurers; Unfair Trade Practices Toward Victims of Abuse.......................................No Senate action in 2000

INDEX

2617

SB

261--DUI; Habitual Violator Issued a Probationary License...............................................No Senate action in 2000

SB

263--Employees' Retirement; Appellate Court Judges; Eligibility After 12 Years .........No Senate action in 2000

SB

264--Judicial Retirement Based on Age 55 and 24 Years of Creditable Service ...............No Senate action in 2000

SB

265--Employees' Retirement; Prior Service Credit; Recruited Employees .....................No Senate action in 2000

SB

266--Legislative Retirement; Methods for Providing Increase in Allowances .................No Senate action in 2000

SB

267--Firefighters' Pension Fund; Prior Service Credit ......................................................................204, 226, 265, 281,

1244, 1403

SB

268--Peace Officers' Annuity and Benefit Fund; Membership; County Jail Officers.....No Senate action in 2000

SB

271--Governmental Services; Privatization Contracting; Certain Conditions .................No Senate action in 2000

SB

272--License Plates; Special; Benefiting Children and Adolescents .................................No Senate action in 2000

SB

273--DUI; Habitual Violators; Violations When a Minor Occupied the Vehicle ............No Senate action in 2000

SB

274--Educators; Certificated or Classified Employees; Termination Procedures ...........No Senate action in 2000

SB

276--Marietta, City of; Corporate Limits; De-annex Certain Area.....................................No Senate action in 2000

SB

277--Forsyth, City of; Office of Mayor; Repeal Term Limits.............................................No Senate action in 2000

SB

289--East Point Business & Industrial Development Authority ....................................................................1413, 2140

SB

290--Georgia Mentoring Act of 2000.....................................................................................................42, 359, 412, 434,

438, 1294, 1393

SB

291--Gwinnett County; School Taxes; Homestead Exemption.........................................................42, 226, 229, 230,

258, 265, 295

SB

292--Gwinnett County; County taxes; Homestead Exemption........................................................43, 226, 229, 230,

265, 1294, 1399

SB

293--Driver's License; Young Drivers; Minimum Age; Restrictions.......................................................61, 966, 988

SB

294--Loansharking; Unlicensed, Commercial Lenders ................................................................... 43, 65, 78, 111, 116

SB

295--Local Ordinances Codes; Codification; Official State Repository ..........................................43, 226, 263, 295,

322, 324, 1628, 2301

SB

296--Burke County; Homestead Exemption; School Taxes ............................................................................. 43, 66, 68

SB

297--Animal Protection Act; Offenses of Cruelty; Punishment...............................................44, 226, 263, 295, 335,

1490, 1823, 1831, 2146,

2266, 2309, 2564, 2608

SB

298--Drivers Using Mobile Phones, Radios While Vehicle in Motion.........................................................................44

SB

299--Revenue Bond Law; Registration of Certain Bonds .........................................................44, 579, 778, 796, 806

SB

300--Insurance; Charitable Gift Annuities; Define; Disclosure; Notices......................................44, 318, 332, 362,

395, 1331

SB

301--Sales Tax; Exemption; Proscribed Prosthetic Devices..........................................................................................44

SB

302--License Plates; Revalidation Decals; Proof of Decal................................................................57, 126, 138, 156

SB

303--Torts; No Recovery of Damages for Perpetrator of a Crime .................................................................................57

SB

304--Indigent Defense; Public Defenders; 3rd Year Law School Students................................................................57

SB

305--Telecommuting by State Employees; State Agencies Adopt Policies................................................................58

SB

306--Homestead Option Sales Tax; Proceeds; Change Funding Purposes ..................................................................58

SB

307--Shoplifting; Cheating or Defrauding Retail Merchants ............................................................58, 152, 170, 192,

193, 1332, 2104

SB

308--Pistol or Revolvers; Criminal Negligence; Allow Minor Access to.................................................61, 228, 926

SB

309--Ad Valorem Tax Assessments; Cities in More Than One County ..........................................61, 471, 495, 524,

548, 1628, 2133

SB

310--Charter Schools Act of 2000.......................................................................................................................................62

SB

311--Air Pollution; Board Of Natural Resources Rules; Cost Analysis ......................................................................62

SB

312--Motor Vehicles; Taxable Value Determination; Uniform Evaluation................................................................62

SB

313--Motor Vehicle Emissions; Biennial Inspections ....................................................................................................62

SB

314--Income Tax; Taxpayer Overpayments; Notification .............................................................................................62

SB

315--Child Protections; Terrell Peterson Act; OCGA Juvenile Code..............................................62, 291, 319, 433,

434, 1331, 1389

SB

316--Wiretapping, Eavesdropping, Surveillance; Invasion of Privacy............................................63, 188, 230, 245,

1294, 1409

SB

317--Churches, Religious Organizations; Sales of Donated Used Vehicles....................................63, 188, 230, 250

2618

JOURNAL OF THE SENATE

SB

318--DNA Analysis of Convicted Felons; Law Enforcement Purposes ..........................................63, 203, 226, 265,

294, 295, 1245,

1866, 2169, 2325

SB

319--Commercial Driver's License; Redefine Commercial Motor Vehicle ................................................................63

SB

320--Foreign Corporations Offering Consumer Products; Customer Service............................................................63

SB

321--Nude Dancing Clubs; Location Restriction; Distance Requirements................................................................64

SB

322--Driver's License; Fingerprint Requirement Waiver................................................................................................64

SB

323--Drivers Using Radios, Mobile Phones; Proper and Safe Use..............................................................................64

SB

324--Vehicular Homicide in First Degree; Maximum Penalty .....................................................................................64

SB

325--Serious Injury by Vehicle; Maximum Penalty........................................................................................................64

SB

326--Offenses of Prostitution; Pimping or Pandering....................................................................................64, 829, 925

SB

327--DNR Environmental Protection Division; Permit Applications..............................................65, 204, 226, 265,

294, 301, 1489

SB

328--Income Tax Liability; Marriage Reduction.............................................................................................................76

SB

329--Early HOPE Education Reform Act of 2000...........................................................................................................76

SB

330--Livestock Disease Control Services; Fees...................................................................................76, 225, 263, 295,

321, 323, 982, 1388

SB

331--Agricultural Products; Cotton Producers Indemnity Fund; Food Sales

77, 225, 263, 295,

Establishments............................................................................................................................322, 335, 352, 1081,

1401, 2340, 2390

SB

332--Workers' Compensation Claims; Settlements, Income Benefits ...................................................................... 105

SB

333--Wastewater Treatment Plant Operators; Laboratory Analysts ..............................................105, 170, 189, 207,

230, 231, 1293

SB

334--Rural Health Care; HMO Contracts; Participating Providers ................................................105, 188, 204, 230,

252, 1490, 1831, 2606

SB

335--Prestige License Plates; Georgia National Guard Members ........................................106, 318, 332, 992, 1054

SB

336--Teachers; Alternative Certification Program.............................................................................106, 318, 332, 476,

477, 1744

SB

337--Capital Crimes; Punishment; Death Penalty by Lethal Injection..................................................................... 106

SB

338--Magistrate Courts; Prosecution for Ordinance Violations; Citations..................................106, 152, 170, 192,

194, 2267, 2422

SB

339--Eminent Domain; Acquiring Property for Sewage Treatment......................................106, 152, 170, 192, 195

SB

340--Ad Valorem Tax Digests; Assessments Under Appeal or Arbitration.................................107, 188, 230, 254,

1331, 2128

SB

341--Public High Schools; Courses in Biblical History and Literature .................................................................... 107

SB

342--Motorcycle Riders; Moving Traffic Violations and Headgear.....................................107, 154, 189, 204, 230,

255, 270, 295, 524,

546, 783, 784, 2044

SB

343--Waterworks, Sewage Systems; Private Utilities; Eminent Domain............................122, 204, 226, 265, 294,

303, 1332, 2111, 2605

SB

344--Motor Vehicle Liability Insurance; Uninsured Motorist Coverage......................................122, 188, 204, 230,

265, 266, 1629, 2318

SB

345--Civil Damage Actions; Malpractice; Expert Witness Testimony .................................................................... 123

SB

346--Assistant District Attorneys; Investigators, Personnel; Employment...................................123, 291, 319, 335,

345, 1790, 2121

SB

347--Local Government Service Delivery; Strategy with Municipalities ....................................123, 203, 226, 265,

294, 304

SB

348--Pawn Transactions; Excessive Interest Clarification...............................................................123, 152, 170, 192,

195, 1489

SB

349--Special License Plates; Military Reserve Branches; Retirees............................................ 123, 967, 988, 1089,

1102, 1628, 1864, 2147,

2285, 2393, 2457, 2608

SB

350--Professional Business Licensing, Regulations; Change Provisions .....................................124, 172, 359, 412,

524, 526, 2170, 2285

SB

351--Counties, Cities; Contracts; Multiyear Leases or Purchases .......................................124, 318, 332, 362, 393

INDEX

2619

SB

352--Tax Executions; Disputed Ad Valorem Tax Obligations.......................................................124, 430, 452, 476,

482, 1489

SB

353--Drivers Using Mobile Telephones; Moving Traffic Violations ....................................................................... 124

SB

354--Campaign Solicitations; Prohibit During General Assembly Session............................................124, 317, 332

SB

355--Family Violence; Petitions Seeking Relief; Limit Dismissal.......................................................................... 135

SB

356--Criminal Justice Agencies; Uniform Crime Reporting Practices ..........................................135, 189, 204, 230,

265, 267, 2600

SB

357--Parolees, Community Service Work; Private Probation Contracts ................................. 135, 317, 332, 1089,

1104, 2589

SB

358--Voter Choice and Election Access Reform Act of 2000............................................................................ 135, 228

SB

359--Painted Pedestrian Crosswalks; Driver Required to Stop...............................................135, 318, 332, 362, 398

SB

360--Education; Mandatory School Attendance Age.................................................................................136, 579, 778

SB

361--Health Insurance Coverage; Cancer Treatment Clinical Trials ....................................................................... 136

SB

362--Breast-Feeding in Public........................................................................................................................................... 136

SB

363--Council on the Deaf; Replace with Council for Hearing Impaired.................................................................. 136

SB

364--Fire or Electronic Security Systems; Private Information .......................................................147, 411, 431, 497,

501, 2394, 2419

SB

365--Driver's License; Sixth Year Expiration Date; Fees ................................................................147, 155, 189, 204,

230, 265, 267, 295

SB

366--Railroad Tracks Crossing Public Roads; Closure by Agreement................................147, 521, 580, 993, 1072

SB

367--Local Government Fiscal Year Budget; Uniform Chart of Accounts ......................147, 925, 968, 1163, 1164

SB

368--Outstanding Parking Tickets; Fines; License Plate Not Issued....................................147, 452, 472, 497, 511

SB

369--Metropolitan Area Planning and Development Commissions ......................................................................... 148

SB

370--Municipal District Reapportionment; Effective Dates ................................................148, 925, 968, 1163, 1190

SB

371--Municipal Courts; Tax Executions; Nonpayment of Costs, Fines ................................................................... 148

SB

372--Ethics in Government; Public Employees; Campaign Prohibitions ............................148, 451, 472, 524, 536

SB

373--Pharmacists; Licenses; Duties; Dispensing Prescription Drugs....................................................148, 519, 580

SB

374--Private or Home School Students; Public School Extracurricular Programs ................................................. 149

SB

375--Food Sales; Indoor, Outdoor Dining; Inspections; Enforcement ........................................149, 359, 412, 434,

524, 541, 1244

SB

376--Police Officers; Stopping Vehicles for Violations; Specific Facts ......................................149, 829, 925, 972,

977, 2394, 2462

SB

377--Law Enforcement, Firefighters; Disabling Injuries; Compensation....................................149, 172, 203, 226,

265, 294, 305, 1489

SB

378--Child Custody Cases Involving Child Abuse or Family Violence.................................................................... 165

SB

379--Retail Sellers; Check Dishonor Fees..................................................................................................................... 166

SB

380--Cigarettes, Tobacco; Retail Displays; No Smoking Signs in Day Care Centers .......................................... 166

SB

381--Rural Hospital Authorities; Grants to Hospitals Facing Closure...................................166, 519, 580, 783, 787

SB

382--Rural Hospital Authorities; Sale or Lease of Hospitals ..............................................166, 965, 988, 1163, 1202

SB

383--Commission on Family Violence; Date of Termination.........................................................166, 203, 226, 265,

294, 306, 1331

SB

384--Compensated Lobbyists; Ineligible Membership on State Entities......................................................... 166, 928

SB

385--Chatham Area Transit Authority; Additional Member............................................................167, 204, 206, 327

SB

386--Dahlonega, City of; Mayor and Council; Elections; Term of Office...................................167, 204, 206, 822

SB

387--Children; Parent Monitoring or Intercepting Phone Conversations .....................................167, 411, 431, 497,

499, 524, 526

SB

388--State Employees Health Insurance; Optional Plans and Coverage.................................................................. 167

SB

389--Watercraft; Operation by 14 and 15 Year Olds; Engine Noises ..........................................167, 204, 226, 265,

295, 307, 1294, 1321

SB

390--Anti-domestic Terrorism Act; "Hate Crimes Bill"...................................................................168, 174, 203, 226,

265, 295, 308, 321,

322, 1722, 1896

SB

391--Psychologists; Investigations by State Board .....................................................................................183, 519, 580

SB

392--Explosive Materials; Additions to Listing.......................................................................184, 412, 431, 456, 1331

SB

393--Natural Resources Department; Hunter, Boating Safety Programs ......................................184, 331, 360, 414,

419, 1293

2620

JOURNAL OF THE SENATE

SB

394--State Regulatory Responsibility Act; Federal Mandates ................................................................................... 184

SB

395--Vehicle Accidents; Improper Use of Radio or Mobile Phone .......................................................................... 184

SB

396--Torts; Limit Recovery of Damages to Certain Injured Persons ....................................................................... 184

SB

397--Business Corporations; Authorize Shares; Voting Agreements...........................................198, 291, 319, 362,

384, 1489

SB

398--OneGeorgia Authority Act; Rural Economic Development; Tobacco Lawsuit

185, 430, 452, 497,

Settlement Funds ................................................................................................................ ............506, 1490, 2098

SB

399--Georgia Greenspace Commission and Trust Fund Created....................................................185, 331, 360, 414,

416, 918, 1142

SB

400--Financing, Tourism, Commercial and Retail Business Enterprises .......................................185, 430, 452, 476,

479, 1294

SB

401--School Discipline; Student Suspension; Violence Against a Teacher................................185, 579, 778, 831,

836, 2600

SB

402--Child Custody; Non-custodial Parents; Visitation Guidelines ....................................................................... 199

SB

403--Magistrate Court Document Filing; Electronic Format...........................................................199, 331, 360, 497,

502, 1629, 2096

SB

404--Landlords; Tenant Complaints ................................................................................................................................ 199

SB

405--Removal of Vehicles Left Unattended on Public Roads, Property ................................199, 291, 319, 335, 344

SB

406--Summer School; Certain Students Required to Attend...............................................199, 964, 988, 1163, 1197

SB

407--Protection of Elder Persons and Disabled Adults Act of 2000...............................................200, 317, 332, 362,

363, 1295, 1405, 2606

SB

408--Motor Common Carriers; Certificate of Insurance, Lieu of Bond........................................222, 520, 580, 797,

820, 1743

SB

409--Public Record Disclosure Requirements For Certain Tests, Exams ................................................................. 222

SB

410--Juvenile Justice Department; Vocational Education Program......................................................................... 223

SB

411--Teachers Retirement; Revoke Authority of Board of Regents .......................................................223, 332, 360

SB

412--Judicial Circuits; Conduct of Officers of the Court; Pretrial Intervention and

223, 495, 521, 783,

Diversion Programs ........................................................................................................................785, 1332, 1396

SB

413--Forfeiture Actions Under the RICO Act; Disposition of Proceeds.......................................223, 579, 778, 831,

842, 2147, 2311

SB

414--Recording or Intercepting Telephone Conversations of a Child........................................................................ 223

SB

415--Out-of-State-Bail Jumping to Avoid Court Appearance..................................................................................... 224

SB

416--Juveniles Under Age 13 Committing Certain Crimes ..................................................259, 429, 452, 1163, 1189

SB

417--Private Prisons; Sales of Inmate Produced Products; Counselors ........................................259, 429, 452, 972,

992, 1050, 1790, 2167

SB

418--Death or Injury to a Child Left Unattended in a Vehicle .............................................259, 967, 988, 1088, 1089

SB

419--Highway Work Zones; Speed Limit Restrictions; Signage.......................................260, 967, 988, 1088, 1100

SB

420--State Flag; Remove Confederate Battle Flag Portion......................................................................................... 260

SB

421--State Employees Retirement; Involuntary Separation Benefits.......................................................260, 430, 452

SB

422--State Employees' Retirement System; Board of Trustees; Voting.................................................................. 260

SB

423--State Employment; Taxpayers' Pension Advocate ............................................................................................. 260

SB

424--Medical Examiner or Coroners; Autopsies; Body Specimens..............................................260, 452, 472, 831,

840, 1744

SB

425--Brokerage Relationships in Real Estate Transactions Act ......................................................288, 334, 579, 778,

796, 804, 1744

SB

426--Grand Jurors; Expense Allowance..............................................................................................289, 829, 925, 972,

992, 1045, 2044

SB

427--Public Health; Dangerous Venereal Diseases Listing........................................................................................ 289

SB

428--City of Corinth; Abolish as a Municipal Corporation ..............................................................289, 332, 334, 916

SB

429--Sentence & Punishment; Earned Time Allowances not Automatic......................................314, 778, 794, 831,

833, 1743

SB

430--State Board of Registration; Professional Engineers, Land Surveyors ........................315, 359, 412, 433, 437

SB

431--Preneed Funeral Service Contracts; Deposit of Funds Received ..............................315, 964, 988, 1163, 1206

SB

432--Health Insurers; Managed Care Plans; Preferred Providers ..................................................315, 520, 580, 797,

809, 1744

SB

433--Electrical or Solar Co-generation Facilities; Net Energy Metering ................................................................. 315

INDEX

2621

SB

434--Alcoholic Beverages; Retail Grocer Electronic Commerce Act................................328, 924, 968, 1163, 1202

SB

435--Georgia Ports Authority; Additional Members ........................................................................328, 430, 452, 476,

481, 1244

SB

436--Laws, Statutes, Ordinances, Rules, Regulations; Official Notices.........................................328, 412, 431, 497,

500, 2268, 2387

SB

437--Gwinnett County State Court Judges; Compensation........................................................... 328, 430, 432, 1518

SB

438--Insurance Premium Finance Companies.............................................................................329, 520, 580, 929, 950

SB

439--State Agencies; Notices Relating to Rules, Regulations, Decisions.....................................329, 579, 778, 972,

976, 2170, 2335

SB

440--Georgia Medical Center Authority Act.......................................................................................329, 411, 431, 456,

457, 1790, 2088

SB

441--McDuffie County Probate Court Judge; Nonpartisan Elections ...............................................329, 2580, 2581

SB

442--Gwinnett County State Court; Additional Judge................................................................... 329, 430, 432, 2600

SB

443--Publicly Funded Housing; Mobility Impairment Accessibility.............................................330, 925, 968, 992,

1061, 1629, 2338

SB

444--Day Trading Securities Firms; Regulate; Unlawful Practices ......................................330, 519, 580, 972, 974

SB

445--County Jails; Certified Officers; Arrest Powers ......................................................................357, 793, 829, 972,

975, 1790, 1864

SB

446--Assault or Battery Upon County Jail Officers ...........................................................................358, 429, 452, 831,

843, 1744

SB

447--Driver Training Courses in Secondary Schools ................................................................................................... 358

SB

448--Cities, Counties; Water, Sewer Systems; Leases, Contracts .......................................................................... 358

SB

449--State Court Judges; Residency Requirements ..................................................................................................... 358

SB

450--Crimes Involving Illegal Drugs While Possessing Firearm or Knife.....................................407, 495, 521, 993,

1071, 2044

SB

451--Motor Common Carriers; Filing Certificate of Insurance................................................................................. 408

SB

452--HOPE Scholarships; Eligible Private High School Students.............................................. 408, 964, 988, 1163,

1206, 1743

SB

453--Morgan County; Ad Valorem Taxes; Homestead Exemption ...............................................408, 519, 580, 783,

787, 1293

SB

454--Morgan County; Ad Valorem Taxes; Homestead Exemption......................................................................... 408

SB

455--Morgan County; Ad Valorem School Taxes; Homestead Exemption.................................408, 519, 580, 783,

788, 1293

SB

456--Morgan County; Ad Valorem School Taxes; Homestead Exemption............................................................ 409

SB

457--Professional Licensing; Specialty Panels on State Composite Board.............................................................. 409

SB

458--School Bus Equipment; Live Communication Devices for Drivers .................................. 425, 964, 988, 1089,

1103, 2600

SB

459--Lobbyist Representation; Registration; Filing Fees................................................................425, 451, 472, 796,

802, 831, 987,

1088, 1094, 1163, 1184

SB

460--Brewers-Wholesaler Licensee Relations; Partnerships.....................................................................425, 967, 988

SB

461--Tobacco Vending Machines; Eliminate Sales; Compensate Retailers ....................425, 967, 988, 1163, 1188

SB

462--Georgia Cemetery and Funeral Services Act of 2000............................................................ 426, 964, 988, 1089,

1108, 1140, 1523, 1832,

1863, 2146, 2265, 2333,

2424, 2457, 2608

SB

463--State Personnel Oversight Commission; Membership ...................................................................................... 446

SB

464--Insurers; Unfair Discrimination Against Family Violence Victims ......................................446, 924, 968, 992,

1058, 1791, 2130

SB

465--Electronic Technology; Establish Georgia Technology Authority.....................................446, 519, 580, 972,

992, 993, 1045, 1088,

1092, 2304, 2358, 2464

SB

466--Pistols or Revolvers; Dangerous Practices; Criminal Offenses ........................................ 446, 965, 988, 1163,

1169, 1791, 2113

SB

467--Lobbyists' Gifts to Legislators, Elected Officials; Prohibitions ............................................................... 446, 969

2622

JOURNAL OF THE SENATE

SB

468--Solid Waste Disposal Facilities; Vertical Expansions ............................................................447, 579, 778, 929,

931, 1331

SB

469--Jackson County Water & Sewerage Authority Members ..................................................................447, 988, 991

SB

470--Workers' Compensation Premiums; Drug-free Workplace ............................................................................... 447

SB

471--Marine Vessels; Ad Valorem Taxation; Evaluation Method........................................................................... 465

SB

472--Court Documents; Filing Electronic Records in Lieu of Paper........................................................................ 466

SB

473--Water Pollutant Discharges; Monitoring; Sample Testing................................................. 466, 965, 988, 1089,

1163, 1201

SB

474--Probationers; Misdemeanor or Felony Offenders; Supervision ............................................466, 778, 794, 929,

933, 1490, 2107

SB

475--Health Insurers; Managed Care Plans; In-patient Hospital Services .......................................... 466, 987, 1087

SB

476--Hard Time For Violent Felons Act; Sentencing, Imprisonment Term.............................. 466, 778, 794, 1088,

1094, 1163

SB

477--Georgia Organic Certification and Labeling Act ......................................................................467, 923, 968, 993,

1073, 1489

SB

478--Property Investment Protections Relative to Government Actions ................................................................. 491

SB

479--Mental Health Disability Services; State Ombudsman Program...........................................491, 924, 968, 993,

1062, 1088, 1093, 1630,

2326, 2606

SB

480--Brain and Spinal Injury Trust Fund; DUI Penalty Assessments ........................................ 491, 965, 988, 1089,

1105, 1332, 2136

SB

481--Family Violence; Battery, Cruelty to Children, Property Damage ............................................491, 1497, 1499

SB

482--Facial Covering Concealing Identity; Exception to Prohibitions..................................................................... 491

SB

483--Chiropractors Subject to Investigation; Document Disclosure.......................................... 492, 965, 988, 1088,

1090, 2267, 2308

SB

484--Child Abuse; Child Fatality Review Procedures; Investigations.................................................................. 515

SB

485--Alcoholic Beverage Sales Prohibited; Housing Authority Property.................................. 515, 967, 989, 1089,

1146, 1629, 2086, 2575

SB

486--Family Violence; Work Place Threats; Stalking; Restraining Order..................................516, 829, 925, 972,

2264, 2415

SB

487--Civil Actions; Judgments; Punitive Damages; Appeals; Bonds .........................................516, 829, 925, 972

SB

488--Felony Trials; Sentencing; Cooperation of Chronic Drug Users ................................................................... 516

SB

489--Corrections Department; Acceptance of Gifts, Donations, Bequests ................................516, 829, 925, 972,

992, 1051, 1789, 2147

SB

490--DeKalb County; Ad Valorem School Taxes; Homestead Exemption....................516, 964, 989, 1088, 1096

SB

491--DeKalb County; Ad Valorem Taxes; Homestead Exemption ..................................517, 965, 989, 1088, 1097

SB

492--Insurers; Certificate of Authority; Capital Asset Requirements...................................................................... 575

SB

493--Health Insurers or Managed Care; Risk-based Capital Levels ......................................................................... 576

SB

494--Public Employees Labor Relations Act................................................................................................................. 576

SB

495--Therapists; Tort Immunity; Reporting Threats Made by Patients ................................................................ 772

SB

496--Vehicle Lengths and Loads; Excess Weight and Dimension Permits ............................... 772, 967, 989, 1163,

1203, 1743

SB

497--Baldwin County; Ad Valorem School Tax; Homestead Exemption ..................................773, 924, 968, 992,

1055, 1630

SB

498--Baldwin County; Ad Valorem Taxes; Homestead Exemption.............................................773, 924, 968, 992,

1055, 1088, 1095, 1414,

2134, 2388, 2415, 2422,

2557, 2586, 2608

SB

499--Charitable Solicitations; Regulate Paid Solicitors and Agents .......................................... 791, 967, 989, 1089,

1104, 1534, 2156

SB

500--Child Abuse and Neglect; Complaints; Georgia Child Advocate Act........................................................... 791

SB

501--Jury Clerks and Other Personnel; Appointment; Certain Counties ................................................................ 791

SB

502--MARTA; Board of Directors; Change Composition......................................................................................... 792

SB

503--Voter Registration Files; Certain Residence Addresses Confidential.......................792, 966, 989, 1088, 1098

SB

504--Austell, City of; Mayor, Council; Election; Taking of Office......................................... 792, 967, 970, 2599

SB

505--Clayton County; Funding Bus Transportation; Advisory Election.................................. 824, 967, 970, 1630

INDEX

2623

SB

506--Conyers, City of; Ad Valorem Taxes; Homestead Exemption.......................................... 825, 988, 991, 1330

SB

507--Conyers Municipal Court; Jurisdiction; Punishments.......................................................... 825, 967, 970, 1330

SB

508--Cobb County State Court Judges; Compensation.................................................................. 825, 967, 971, 1330

SB

509--McIntosh County Probate Court Judge; Nonpartisan Elections.................................................825, 2580, 2581

SB

510--Local Government Code Enforcement Boards Act ............................................................................................. 825

SB

511--Fulton County; Ad Valorem Taxes; Homestead Exemption ............................................................... 825, 1339

SB

512--Landlords; Mobile Home Parks; Retaliatory Tenant Evictions....................................................................... 826

SB

513--Chiropractors; Disciplinary Sanctions .................................................................................................................. 826

SB

514--Kennesaw, City of; Ad Valorem Taxes; Homestead Exemption................................................................... 918

SB

515--Pharmacy Assistance Program for Low-income, Elderly Citizens................................................................... 918

SB

516--Counselors Employed by Private Correctional Facilities .................................................................................. 919

SB

517--School Choice; Private Tuition Vouchers; Public Corporation....................................................................... 919

SB

518--School Choice; Private Tuition or Tutoring Vouchers; Tax Credit ................................................................ 919

SB

519--School Choice; Vouchers; Elementary & Secondary Assistance ................................................................... 919

SB

520--Ethics Laws; Mandatory Training for General Assembly Members ............................................................... 919

SB

521--Pierce County State Court Judge and Solicitor; Compensation ........................................... 920, 988, 991, 1519

SB

522--Pierce County; Ad Valorem Taxes; Homestead Exemption............................................................................ 920

SB

523--Pierce County; Ad Valorem School Taxes; Homestead Exemption.............................................................. 920

SB

524--Highway Projects; Erosion, Sediment Control Overview Council.................................... 920, 967, 989, 1089,

1141, 2267, 2322, 2393,

2406, 2561, 2575, 2608

SB

525--Farmers & Consumers Market Bulletin; Advertisement Fees .......................................................................... 921

SB

526--Consumer Choice Negotiated Health Insurance Plan Act .................................................................................. 960

SB

527--Absentee Ballots; Opening and Counting in Certain Counties......................................................................... 960

SB

528--Driver Training; State Board of Technical & Adult Education......................................... 960, 987, 1087, 1163

SB

529--Marietta, City of; Board of Education; Bonded Indebtedness ...................................................................... 960

SB

530--Senatorial Districts 33 & 37; Apportionment; Description...............................................961, 988, 1087, 1163,

1165, 2044

SB

531--State Board of Power Engineers to Regulate and License.................................................................................. 961

SB

532--HOPE Scholarship Program; Students in a Home Study Program................................................................... 961

SB

533--Cobb County Commission on Children & Youth; Extend to 2003.................................982, 1158, 1161, 1413

SB

534--Gilmer County; Advisory Referendum on Land Use and Zoning ..................................983, 1158, 1161, 1330

SB

535--Motorcyclists; Admission to Public Accommodations...................................................................................... 983

SB

536--Decatur, City of; New Charter..........................................................................................................983, 1217, 1221

SB

537--Rental Dwellings; Occupancy Restrictions; Number of Persons..................................................................1081

SB

538--Conversion of Timber by a Trespasser; Recoverable Damages .....................................................................1216

SB

539--Gilmer County Board of Commissioners; Compensation..............................................1297, 1498, 1505, 2600

SB

540--Meriwether County; Ad Valorem Taxes; Homestead Exemption ...............................1297, 1498, 1505, 2599

2624

JOURNAL OF THE SENATE

SENATE RESOLUTIONS

SR

4--Land, Water, Wildlife, Recreation Heritage Fund ...................................................................................... 966, 989

SR

10--Self-Funded Employer-Based Health Plans; Urge Congress Amend ERISA ..........No Senate action in 2000

SR

15--Study Commission on Promoting Aerospace Development, Commercial Space

Activities and Telecommunications Technology...........................................................No Senate action in 2000

SR

16--Georgia Youth Legislature; Create..................................................................................No Senate action in 2000

SR

23--Senate Study Committee on Mental Health Care Delivery System..............................................................19, 25

SR

31--Robert L. Williford Memorial Highway; Designate.....................................................No Senate action in 2000

SR

32--Mental Health, Mental Retardation and Substance Abuse Service Delivery

Study Committee..................................................................................................................No Senate action in 2000

SR

35--Indigent Care Trust Fund Study Committee .......................................................................... 19, 25, 520, 783, 786

SR

41--Herman H. Watson Memorial Bridge; Designate.................................... ..No Senate action in 2000

SR

42--Foster Family Bridge; Designate .....................................................................................No Senate action in 2000

SR

87--Hooks-Coleman Auditorium at Capitol Education Center; Designate..................................520, 580, 797, 807

SR

91--Joint Temporary Motor Vehicle License Plate Study Committee...............................No Senate action in 2000

SR

100--State Employee Labor Organizations; Urge Access to Management..........................................................19, 26

SR

110--Residential Property Appraisals; Freeze Value Until Property Sold; Amend

Constitution ..........................................................................................................................No Senate action in 2000

SR

123--Scope of Health Care Practice Study Committee.......................................................................520, 580, 797, 807

SR

129--School Enrollment Eligibility Date Study Committee ....................................................................................19, 26

SR

134--Georgia DUI Study Commission...............................................................................................................1772, 2317

SR

137--P. V. Stripling Memorial Highway, Metter; Designate ...............................................No Senate action in 2000

SR

152--Study Committee on State Councils, Commissions, Boards, Committees....................... 966, 989, 1089, 1106

SR

158--State Ad Valorem Taxes; Limit Taxing Powers; Amend Constitution....................No Senate action in 2000

SR

172--Governors Council on Developmental Disabilities; Recognize.............................................226, 263, 295, 322,

335, 354, 1081, 1087

SR

175--Joint Study Committee on Water Management and Allocation ..................................No Senate action in 2000

SR

180--Study Committee on Effectiveness & Efficiency in State Government.......................................................19, 26

SR

183--Charles Durst Memorial Highway; Designate...............................................................No Senate action in 2000

SR

186--Stroke Prevention and Treatment; Encourage Public Awareness ................................................................19, 26

SR

187--Georgia Youth Legislature .................................................................................................No Senate action in 2000

SR

188--Abortion, Illegal Method of; Requesting Information from Attorney General........No Senate action in 2000

SR

204--Law Enforcement Officers and Firefighters Disabled in Line of Duty;

203, 226, 265, 295,

Compensation for Injuries; Amend Constitution.............................................................................308, 1491

SR

205--Opposing Census Bureau Using Statistical Sampling in Population Count..............No Senate action in 2000

SR

206--Obesity Related Diseases, Treatment; Request Public Health Study ..........................................................19, 26

SR

207--Obesity Awareness Month ...................................................................................................................................19, 26

SR

230--Kyoto Protocol on Global Warming; Urge U.S. Re-negotiate .....................................................................19, 26

SR

231--Motorcycle Helmets; Federal Safety Standards; Urge Review.................................................19, 26, 126, 140

SR

232--Jondelle Johnson Drive; Designate..................................................................................No Senate action in 2000

SR

235--Dewey Pendley Bridge; Designate..................................................................................No Senate action in 2000

SR

236--Raymond Lester Bridge; Designate.................................................................................No Senate action in 2000

SR

242--Land & Water Conservation Fund; Urge Congress Support ........................................................................19, 27

SR

244--Study Committee on the Operation of the Georgia War Veterans Home ..................No Senate action in 2000

SR

249--Enterprise Zone Tax Exemptions, Credits, Reductions from School District

Taxes; Amend Constitution..............................................................................................No Senate action in 2000

SR

256--Study Committee on Social Promotion of Elementary and Secondary Students .....No Senate action in 2000

SR

276--Clinical Trial Programs for Treatment of Adult Cancer Study Committee.................................................19, 27

SR

284--Lake Lanier Watershed Study Committee.........................................................................................................19, 27

SR

344--School Health Care Study Committee........................................................................................................... 520, 580

SR

351--Study Committee on Linked Deposit Loan Programs ..............................................................520, 580, 972, 974

SR

374--Study Committee on School Transportation, Nutritionists, Food Service and

Support Personnel ..........................................................................................................................520, 580, 797, 815

SR

384--General Assembly Convened; Notify Governor................................................................................................4, 42

INDEX

2625

SR

385--Senate Convened 2000 Session; Notify House of Representatives .....................................................................4

SR

386--Rules of the Senate; Adopt for 2000 General Assembly Session .........................................................................4

SR

387--Adjournment; Relative to ............................................................................................................................... 5, 57, 98

SR

388--Bernie Bourdon Memorial Bridge; Designate............................................................................44, 318, 332, 362,

404, 1245

SR

389--Burroughs/Davis Family; Commend........................................................................................................................45

SR

390--James E. Ervin; Commend..................................................................................................................................45, 67

SR

391--Clarke Central High School; Commend ..................................................................................................................46

SR

392--Andy Baumgartner; Commend.........................................................................................................................46, 140

SR

393--UGA Women's Gymnastics Team; Commend......................................................................................................46

SR

394--UGA Golf Team; Commend......................................................................................................................................46

SR

395--UGA Women's Swimming Team; Commend.........................................................................................................46

SR

396--UGA Men's Tennis Team; Commend......................................................................................................................46

SR

397--Ed Hoard; Commend..........................................................................................................................................46, 154

SR

398--Community Health Centers Day; Recognize ...................................................................................................59, 67

SR

399--Dr. Delmar Edwards; Commend...............................................................................................................................59

SR

400--Benjamin Patrick Amerson; Commend ...................................................................................................................59

SR

401--William Andrew Rankin; Commend........................................................................................................................59

SR

402--Honorable Ray Lynward Gresham; Regrets at Passing........................................................................................67

SR

403--Jonathan Jackson McCants Bridge; Designate...........................................................................65, 318, 332, 362,

398, 1245

SR

404--L. Douglas Griffith; Commend .................................................................................................................................67

SR

405--Jack and Jill of America Foundation, Inc.; Commend ..........................................................................................67

SR

406--Joint Study Commission on Use of Technology by Juvenile Justice

Department...................................................................................................................................................65, 519, 580

SR

407--Sales Tax Exemption for School Clothing; Urge House Pass Bill...........................................65, 138, 152, 175

SR

408--Honorable Lewis H. McKenzie; Regrets at Passing .............................................................................................67

SR

409--Honorable Hugh Alton Carter; Regrets at Passing................................................................................................67

SR

410--Islamic Community; Recognize .......................................................................................................................67, 191

SR

411--General Assembly Member Convicted of a Felony; Suspension; Replacement .................65, 152, 170, 192,

207, 215, 1152, 2137,

2420, 2606

SR

412--Senate; Election of Members to Four Year Terms ...............................................................................77, 317, 332

SR

413--Coy Short; Commend...................................................................................................................................... 79, 1160

SR

414--Cartersville High Football Team; Commend.................................................................................................79, 293

SR

415--Suttiwan Cox, Amy Denty, Mike Stanton, Kimberly Stewart; Commend...............................................79, 140

SR

416--Fulton-DeKalb Hospital Authority Overview Committee; Grady Hospital...........................77, 317, 332, 414

SR

417--Dr. Horace Deal; Commend........................................................................................................................... 79, 1361

SR

418--Senior Georgians Week at the Capitol................................................................................................................... 108

SR

419--Oconee County High School Football Team; Commend ........................................................................ 108, 171

SR

420--Brooke Turner; Commend ...................................................................................................................................... 109

SR

421--Holly Cox; Commend.............................................................................................................................................. 109

SR

422--Nikki Hartzog; Commend ....................................................................................................................................... 109

SR

423--Captain Boyd Clines; DNR Helicopter Pilot; Commend................................................................................... 109

SR

424--Captain Ion McIver Gignilliat; Commend............................................................................................................ 109

SR

425--Macon Police Department SWAT Team; Commend ................................................................................ 109, 127

SR

426--Kari Cope; Commend .............................................................................................................................................. 109

SR

427--Asma Anwar; Commend ......................................................................................................................................... 109

SR

428--Fred Smith, Jr.; Commend ...................................................................................................................................... 109

SR

429--Sommer Statham; Commend.................................................................................................................................. 109

SR

430--Isaiah Houston; Commend...................................................................................................................................... 109

SR

431--Heather Sheppard; Commend................................................................................................................................. 109

SR

432--Haley Carswell; Commend ..................................................................................................................................... 109

SR

433--Jennifer White; Commend ...................................................................................................................................... 110

SR

434--Matthew Lovett; Commend .................................................................................................................................... 110

SR

435--Christina Williams; Commend............................................................................................................................... 110

2626

JOURNAL OF THE SENATE

SR

436--Trey Cocus; Commend ............................................................................................................................................ 110

SR

437--Hal Darsey; Commend............................................................................................................................................. 110

SR

438--Merideth Barrs; Commend...................................................................................................................................... 110

SR

439--Trayvis Manuel; Commend..................................................................................................................................... 110

SR

440--Ruthie Hull; Commend............................................................................................................................................ 110

SR

441--Alexandra Nelson; Commend................................................................................................................................. 110

SR

442--Jessica Davis; Commend......................................................................................................................................... 110

SR

443--Seth Turner; Commend............................................................................................................................................ 110

SR

444--John Dean; Commend.............................................................................................................................................. 110

SR

445--Ross Oglesby; Commend ........................................................................................................................................ 110

SR

446--Kristie Harris; Commend ........................................................................................................................................ 110

SR

447--Kaleb McMichen; Commend.................................................................................................................................. 111

SR

448--Joseph Walraven; Commend .................................................................................................................................. 111

SR

449--Austin Carter; Commend................................................................................................................................ 111, 143

SR

450--Ashley Musselwhite; Commend ............................................................................................................................ 111

SR

451--Taxpayers' Dividend Act of 2000; Amend Constitution ................................................................................... 107

SR

452--Travis Tritt; Honoring..................................................................................................................................... 111, 191

SR

453--Dr. Joseph A. Blissit; Commend................................................................................................................. 111, 1220

SR

454--Silver-Haired Legislature; Commend .......................................................................................................... 111, 140

SR

455--Jean Hambrick; Commend...................................................................................................................................... 111

SR

456--Downtown Atlanta Fairfield Inn; Commend Staff.............................................................................................. 127

SR

457--James Durell Watts; Commend.............................................................................................................................. 127

SR

458--Oscar Davis, Sr.; Honoring............................................................................................................................ 127, 413

SR

459--Joint Study Committee on Prevention & Emergency Care of Injuries in

125, 519, 580, 929,

Georgia.................................................................................................................................. ..................1772, 2406

SR

460--Police Chiefs and Heads of Law Enforcement Agencies; Commend.............................................................. 127

SR

461--Peace Officer Standards & Training Council; Commend.................................................................................. 127

SR

462--Congressman J. C. Watts, Jr.; Commend ............................................................................................................. 127

SR

463--Lowndes High School Football Team; Commend..................................................................................... 127, 143

SR

464--Mrs. Myrtle Harrell Newberry; Congratulate on 90th Birthday....................................................................... 127

SR

465--Curtis Thomas; Commend ...................................................................................................................................... 127

SR

466--Farm Bureau Federation; Commend ............................................................................................................ 127, 264

SR

467--Mississippi River/Gulf of Mexico Watershed; Hypoxia Assessment....................................125, 225, 263, 295,

322, 335, 353

SR

468--Dr. Jerry O. Weaver; Commend............................................................................................................................. 139

SR

469--Dr. Gloria Shatto; Regrets at Passing.................................................................................................................... 139

SR

470--Dr. N. Gordon Carper; Commend.......................................................................................................................... 139

SR

471--Morris Brown College Day at Capitol........................................................................................................... 139, 433

SR

472--Dewey D. Vaughn Memorial Bridge; Designate .....................................................................149, 430, 452, 524,

538, 1246, 2148

SR

473--Columbus Water Works; Commend...................................................................................................................... 153

SR

474--New Testament Missionary Baptist Women's Softball Team; Commend...................................................... 153

SR

475--Richard W. Williams; Regrets at passing............................................................................................................. 153

SR

476--Georgia Recreation & Parks Association; Commend ............................................................................... 153, 264

SR

477--Firefighters' Recognition Day; Observance......................................................................................................... 153

SR

478--Congress; Address Potential Monetary Assessments on Peanut Growers...........................149, 225, 263, 295,

322, 335, 354, 2601

SR

479--Lyndon A. Wade; Honoring .......................................................................................................................... 154, 305

SR

480--Childhood Care and Education; State Policy Goals, Outcome Measures ...........................150, 359, 412, 434,

497, 507

SR

481--Susan G. McCarthy; Commend.............................................................................................................................. 154

SR

482--Fulton County Board of Commissioners; Personnel Compensation ............................................................... 150

SR

483--James Wendell George Parkway; Designate ............................................................................150, 430, 452, 476,

484, 1245

SR

484--James E. "Billy" McKinney Highway; Designate ...................................................................150, 430, 452, 476,

485, 1245

INDEX

2627

SR

485--Registered Professional Nurse Day; Recognize .................................................................................................. 154

SR

486--Stuart Perry; Commend ........................................................................................................................................... 171

SR

487--African-American Business Enterprise Day; Proclaiming ................................................................................ 171

SR

488--Georgia Southern University Eagles Football Team; Commend ............................................................ 171, 293

SR

489--Delta Sigma Theta Day; Recognizing................................................................................................................... 171

SR

490--Blue Ribbon Commission on State Government Decentralization ........................................186, 430, 452, 476,

486, 1629, 2145

SR

491--General Assembly Commission on Juvenile Gangs.................................................................186, 331, 360, 414,

422, 2267, 2341

SR

492--Boyd Clines and Larry Rogers; Commend .......................................................................................................... 190

SR

493--Reverend Doctor Edwin L. Cliburn; Honoring .......................................................................................... 171, 205

SR

494--National Guard Day in Georgia; Declaring................................................................................................. 190, 228

SR

495--Earthquake Awareness Day; Commend Fort Valley Middle School...................................................... 190, 508

SR

496--Mrs. Thomas Lawhorne; Recognizing.................................................................................................................. 190

SR

497--Stan Cottrell; Ultra Distance Runner; Urge Citizen Support ................................................................... 190, 293

SR

498--Rotary Clubs of Georgia and Student Program; Recognizing .................................................................. 190, 538

SR

499--Alpha Kappa Alpha Sorority; Recognize..................................................................................................... 190, 472

SR

500--Motorcycle Awareness and You Month in Georgia; Recognizing .................................................................. 190

SR

501--Mandy Daniels; Commend............................................................................................................................. 205, 345

SR

502--Property Conveyances; Baldwin, Bartow, Chatham, Coffee, Floyd, Fulton,

200, 318, 332, 362,

Houston, Mitchell and Toombs Counties ......................................................................................... 364, 1295

SR

503--Property Conveyances; Chatham, Fulton, Dawson, Lumpkin, Union, Gilmer

200, 318, 332, 362,

Counties................................................................................................................................................... 363, 1295

SR

504--Property Conveyances; Baldwin, Barrow, Chatham, Crisp, Douglas, Harris,

200, 318, 332, 362,

Houston, Richmond and Ware Counties...................................................................................... 414, 418, 1333

SR

505--Macon Day in Atlanta, Cherry Blossom Festival; Recognizing.............................................................. 205, 926

SR

506--South Fulton Legislative Day at Capitol; Recognize................................................................................. 205, 294

SR

507--Honorable John Lewis; Commend......................................................................................................................... 205

SR

508--John L. Ellison; Commend...................................................................................................................................... 205

SR

509--Antibiotics; Inappropriate Prescribing; CDC Recommendations................................................................... 200

SR

510--Georgia Peach Festival; Commend........................................................................................................................ 227

SR

511--Military Retirees; Federal Employees Health Benefits; Urge Restore .......................224, 520, 580, 992, 1058

SR

512--William J. Todd; Commend........................................................................................................................... 227, 288

SR

513--Dental Hygienists Appreciation Day; Recognize ................................................................................................ 228

SR

514--Property Conveyances; Jefferson, Bibb, DeKalb and Hall Counties ...................................261, 318, 332, 362,

414, 421, 1333, 2080

SR

515--Kennedy Bridge in Terrell County; Designate.........................................................................261, 521, 580, 831,

839, 1245

SR

516--Property Conveyances; Baldwin, Decatur, Chatham, Troup, Dougherty, Floyd,

261, 318, 332, 362,

Carroll, Spalding, Coweta, Heard and Pike Counties...................................................................... 399, 1333

SR

517--Nuclear Fuel Shipments; Urge Reassess Threats by Terrorists......................................................................... 261

SR

518--Selena Sloan Butler; Directing Portrait Placement in Capitol........................................................................... 261

SR

519--Highway Employee Killed or Permanently Disabled on Duty; Indemnification ...............261, 521, 580, 929,

944, 2601

SR

520--Tifton and Tift County; Commend............................................................................................................... 264, 294

SR

521--Kroger Day at the Capitol......................................................................................................................................... 264

SR

522--Georgia-Great Britain Day; Proclaiming.............................................................................................................. 264

SR

523--Joe L. Griffeth, M.D.; Commend........................................................................................................................... 264

SR

524--Home Depot; Commend................................................................................................................................. 292, 328

SR

525--National Forensic Sciences Improvement Act of 1999; Urge Enactment ...................289, 412, 431, 525, 556

SR

526--Skin Edge, Betty Fagundes, Stuart Gulley, Jeff Lukken; Commend............................................................... 292

SR

527--Georgia Nonprofit Day; Recognizing ................................................................................................................... 293

SR

528--LaVerne and Frank Golden; Recognize ................................................................................................................ 320

SR

529--William T. Harrell; Commend................................................................................................................................ 320

SR

530--Georgia Day; Honoring Founding Families; Colony of Georgia .................................................................... 320

SR

531--Peanut Industry and Producers Association; Recognize .................................................................................... 320

2628

JOURNAL OF THE SENATE

SR

532--Agent Greg Harvey; Commend.............................................................................................................................. 320

SR

533--State Trooper First Class Lisa Stocks; Commend............................................................................................... 320

SR

534--Patrolman James Bryant; Broxton Police; Honoring His Life .......................................................................... 320

SR

535--State Patrol Capt. Kenny Hancock; Commend.................................................................................................... 320

SR

536--Deputy Almond Merritt of Coffee County; Honoring His Life ........................................................................ 320

SR

537--Scoutmaster Josiah V. Benator; Commend................................................................................................. 320, 357

SR

538--Sales Taxes; Urging Simplicity and Fairness in Application.........................................315, 471, 495, 524, 544

SR

539--State and Local Government Economic Empowerment Act; Urge Support for .... 315, 925, 968, 993, 1076

SR

540--Nonprofits for Nonprofits, Inc; Commend........................................................................................................... 333

SR

541--Leroy Johnson; Fulton Industrial Boulevard; Designate.......................................................330, 521, 580, 831,

844, 1245

SR

542--Horace E. Tate Freeway; Designate...........................................................................................330, 521, 580, 797,

814, 1246

SR

543--Dick McMichael; Commend................................................................................................................................... 333

SR

544--Dwayne Vaughn; Commend.......................................................................................................................... 333, 453

SR

545--Willie B. Day; Proclaim.................................................................................................................................. 333, 581

SR

546--Joseph Edward Ferrell, Sr.; Regrets at Passing................................................................................................... 333

SR

547--Bessie and James Tucker; Commend.................................................................................................................... 333

SR

548--Rev. William Henry Fields; Commend................................................................................................................. 334

SR

549--Shamea Crane; Commend....................................................................................................................................... 361

SR

550--Georgia Tech Student Government Association; Commend ................................................................... 361, 414

SR

551--Sagen Woolery; Commend ..................................................................................................................................... 361

SR

552--Jaclyn Ruth Pell; Commend........................................................................................................................... 361, 522

SR

553--Coosa High School Technology Education Program; Commend ........................................................... 361, 461

SR

554--Cordele-Crisp County Fish Fry; Recognize ................................................................................................ 413, 476

SR

555--Katrina Papel; Commend ........................................................................................................................................ 413

SR

556--Joint Hospital Indigent Care Funding Study Committee .........................................................409, 829, 925, 972,

973, 2601

SR

557--Beaux-Arts Barbeque Beach Party; Recognize ................................................................................................... 413

SR

558--Empire Board of Realtists, Inc.; Commend ......................................................................................................... 413

SR

559--William Newton McCulley; Commend................................................................................................................ 413

SR

560--Debbie Steiner; Commend..................................................................................................................................... 413

SR

561--Lt. Col. Francis B. Williams, III; Commend............................................................................................. 413, 1160

SR

562--Adjournment; Relative to ..............................................................................................................439, 445, 462, 789

SR

563--Kappa Sigma Fraternity; Commend............................................................................................................. 431, 833

SR

564--Monticello; Commend as City of Excellence ............................................................................................. 431, 990

SR

565--Danielle Sered; Congratulate....................................................................................................................... 432, 1160

SR

566--Bill Paul; Honoring................................................................................................................................................... 432

SR

567--John L. and Sarah H. Nix; Commend ................................................................................................................... 432

SR

568--Jessica Nickerson; Recognize ................................................................................................................................. 432

SR

569--Boat and Motor Titles and Ad Valorem Taxation Study Committee ............................426, 471, 495, 524, 525

SR

570--Attorney General; Legal Representation on Certain Matter.............................................................426, 451, 461

SR

571--Ovarian Cancer Detection, Prevention; Public Education Efforts ..................................... 426, 965, 989, 1087,

1089, 1144

SR

572--Lyndsey Miller; Commend ..................................................................................................................................... 453

SR

573--Wesley E. Whitehead; Regrets at Passing............................................................................................................ 453

SR

574--Oconee County High School Athletic Program, Band; Commend ................................................................... 453

SR

575--Knights of Columbus Fourth Degree; Commend................................................................................................ 453

SR

576--Dr. Elizabeth Truelove; Commend........................................................................................................................ 453

SR

577--Valwood School Football Team; Commend............................................................................................... 453, 484

SR

578--Comer Whitehead; Regrets at Passing.................................................................................................................. 472

SR

579--Interstate Paper, LLC, Newport Timber, LLC, Others; Commend................................................................... 473

SR

580--Ad Valorem Tax; Marine Vessels; Amend Constitution ............................................................ 467, 924, 968,

992, 1052, 2045

SR

581--Carol Spruill; Commend................................................................................................................................. 473, 508

SR

582--Greenbrier High School Boys Baseball Team; Commend............................................................................... 473

INDEX

2629

SR

583--Brigadier General Walter C. Corish, Jr.; Honoring ............................................................................................ 473

SR

584--Agricultural Education Hall of Fame Charter Members; Commend...................................................... 473, 497

SR

585--Helen Griffin Jordan; Commend............................................................................................................................ 496

SR

586--Moses Cox and James Ransome Avant; Commemorating................................................................................ 496

SR

587--Pinewood Christian Academy Jr. Varsity Cheerleaders; Commend ............................................................... 496

SR

588--Clifford H. Baldowski; Regrets at Passing .......................................................................................................... 496

SR

589--Electric Utilities and Employee Efforts After Ice Storm; Commend .............................................................. 496

SR

590--Rural Crisis Day; Recognize .......................................................................................................................... 496, 830

SR

591--Sonya Moss-Powell; Commend............................................................................................................................. 496

SR

592--Social Security Act; Urge Congress Amend Medicaid Provisions...........................492, 965, 989, 1089, 1145

SR

593--Roy Womack; Commend ............................................................................................................................. 496, 1305

SR

594--Honorable Judge Edith Ingram; Commend............................................................................................... 497, 1789

SR

595--Morgan County High School Wrestling Team; Congratulate................................................................ 497, 1361

SR

596--Duffner Family; Condolences; Urging Vehicle Safety Legislation.........................517, 966, 989, 1089, 1107

SR

597--Bishop Jim Earl Swilley; Commend ..................................................................................................................... 522

SR

598--Erik Magnuson; Commend ..................................................................................................................................... 522

SR

599--Bishop Earl Paulk; Commend ................................................................................................................................ 522

SR

600--Honorable Harry Cook Jackson; Regrets at Passing.......................................................................................... 522

SR

601--Jonesville Baptist Church, Pentecostal Assemblies; Commend....................................................................... 522

SR

602--Honorable Lawton C. Smith, Jr.; Commend............................................................................................... 522, 990

SR

603--Dr. Joseph M. Hendricks; Commend ........................................................................................................... 522, 926

SR

604--Honorable William Augustus Bootle; Honoring His Life ........................................................................ 523, 926

SR

605--Pam Perry; Commend.............................................................................................................................................. 523

SR

606--Tyrone Bacon; Commend ....................................................................................................................................... 523

SR

607--Elizabeth A. Sammons; Commend........................................................................................................................ 523

SR

608--Patricia Hayes; Commend....................................................................................................................................... 523

SR

609--Nu-Way Wieners, Inc.; Commend.............................................................................................................. 523, 1320

SR

610--Labor Organizations; Treatment by Local Boards of Education.................................................. 517, 988, 1087

SR

611--Cellular Phones; Urge Driving Motorists to Use Good Judgment................................................................... 517

SR

612--Saint David's Day; Recognize........................................................................................................................ 523, 772

SR

613--Certificate of Need for Long-term Care Facilities Study Committee.........................................576, 1497, 1499

SR

614--Dr. John Ed Fowler; Commend.............................................................................................................................. 581

SR

615--Claudia Reynolds; Commend...................................................................................................................... 581, 2308

SR

616--Georgia Outreach Parent Training Network Day; Proclaim..................................................................... 581, 802

SR

617--Safe Drivers' Awareness Day; Declaring.............................................................................................................. 581

SR

618--Teacher Morale Study Committee...................................................................................792, 964, 989, 1089, 1144

SR

619--Forest Products Industry; Sustainable Forestry Initiative; Commend............................................................ 581

SR

620--Keep Georgia Beautiful Program and Its Affiliates; Commend....................................................................... 779

SR

621--Melvin Johnson; Commend .................................................................................................................................... 779

SR

622--Dougherty Comprehensive High School Chorale; Commend.......................................................................... 779

SR

623--Myrtice McGarrah McMichael Bridge; Corporal Howell Cobb Dees Bridge;

773, 967, 989, 1088,

Designate........................................................................................................................................ 1096, 1518, 2095

SR

624--Ted Taft Copeland Dam; Designate........................................................................................ 773, 965, 989, 1089,

1143, 2601

SR

625--Steven L. Parks; Recognizing................................................................................................................................. 780

SR

626--Joint Task Force on Technology Disparities in Telecommunications.............................................................. 773

SR

627--Southern Beverage Packers, Inc; Commend............................................................................................. 780, 1087

SR

628--Property Conveyance; Fulton County................................................................................................................... 826

SR

629--St. Patrick's Day Parade Representatives; Recognize................................................................................ 830, 839

SR

630--GeorgiaGain Employee Evaluation System; Appeals Procedure ...............................................826, 1498, 1499

SR

631--Andrew Hudson Senter; Commend....................................................................................................................... 830

SR

632--American Electronics Association High-Tech Day; Recognizing ................................................................... 830

SR

633--Charlotte Frazier; Commend................................................................................................................................... 926

SR

634--Tonya Burt; Commend ............................................................................................................................................ 926

SR

635--James Joseph Gallagher; Regrets at Passing........................................................................................................ 926

SR

636--Health Risks Resulting From HPV; Urge Public Information....................................................921, 1497, 1499

2630

JOURNAL OF THE SENATE

SR

637--Joint Study Committee on Regional Development Centers & Metro Area

Planning and Development Commissions............................................................................................................. 921

SR

638--William S. Stuckey, Sr. Highway; Designate........................................................................ 921, 967, 989, 1089,

1145, 1518

SR

639--Duluth High School Lady Wildcats Softball Team; Commend ............................................................ 926, 1045

SR

640--Shea Cowart; Commend.......................................................................................................................................... 926

SR

641--Parkview High Boys' Swim Team; Commend .................................................................................................... 926

SR

642--Wayne Reece; Honoring on Safe Drivers' Awareness Day .............................................................................. 926

SR

643--Charlton County High School Football Team; Commend ................................................................................ 926

SR

644--Petroleum Industry Study Committee ..................................................................................921, 1217, 1249, 1355,

1487

SR

645--Impact Ministries; Commend ...................................................................................................................... 926, 1384

SR

646--Falcon Parkway; Designate..................................................................................................................................... 961

SR

647--Albany/Dougherty County High School/High Tech Program; Commend ..................................................... 968

SR

648--Brian J. Goudelock; Commend .............................................................................................................................. 969

SR

649--Textile Industry & Textile Manufacturers Association; Commend................................................................ 969

SR

650--Wireless Phone Companies; Education Customers; Responsible Use.......................................................... 961

SR

651--South Forsyth High School Cheerleaders; Commend............................................................................... 969, 970

SR

652--Bernice Williams-Kimbrough; Honoring............................................................................................................. 969

SR

653--Rankin Smith Interchange; Designate .................................................................................................................. 961

SR

654--Pentecostal Churches of the Apostolic Faith Inc.; Recognizing............................................................ 969, 1498

SR

655--Study Committee on Abuse of Children................................................................................................................ 961

SR

656--Lithia Springs High School Scholar Bowl Team; Commend ........................................................................... 969

SR

657--Stone Mountain Freedom Bell; Recognizing............................................................................................ 969, 1163

SR

658--Mothers' Voices Georgia Chapter; Commend.......................................................................................... 969, 1163

SR

659--Hall County Property Assessment Freeze Study Committee.................................................................. 962, 1499

SR

660--Towns County High School Lady Basketball Team; Commend........................................................... 969, 1251

SR

661--Honorable Betty Clements Hill; Commend ......................................................................................................... 990

SR

662--Retired Sgt. Lonnie Jackson & C.C.S.C., Inc.; Commend................................................................................ 990

SR

663--Georgia Ambulance Network; Commend ............................................................................................................ 990

SR

664--Osjha Anderson, Miss Georgia; Commend............................................................................................... 990, 1160

SR

665--S. G. Maddox; Regrets at Passing ........................................................................................................................ 990

SR

666--S. G. Maddox Highway; Designate....................................................................................................................... 983

SR

667--Darton College Lady Cavaliers; Commend ......................................................................................................... 990

SR

668--Darton College Coach Laura J. Blackwell; Commend ...................................................................................... 990

SR

669--State Motor Vehicle Purchases; Urge Vehicles Produced in State .................................................................. 990

SR

670--Teresa Egger Hoechst; Commend.......................................................................................................................... 990

SR

671--UGA Chapter of American Cancer Society; Commend ..................................................................................1088

SR

672--Miss Youngshin Kim; Commend ........................................................................................................................1088

SR

673--Archbishop Earl Paulk; Commend ......................................................................................................................1088

SR

674--Honorable Michael J. Egan; Commend..............................................................................................................2309

SR

675--Wayne Shackelford, DOT Commissioner; Commend .....................................................................................1088

SR

676--Sarah Freshour; Commend....................................................................................................................................1088

SR

677--Slosheye Trail Big Pig Jig; Official Barbecue Cooking Contest....................................................................1160

SR

678--Lithangia Shannell Robinson; Commend................................................................................................1160, 1387

SR

679--Reverend James H. Sims, Jr.; Recognize............................................................................................................1160

SR

680--Adjournment; Relative to ................................................................................................................1187, 1216, 1242

SR

681--Providence Missionary Baptist Church; Commend..........................................................................................1160

SR

682--North Gwinnett High Competitive Cheerleading Team; Commend...................................................1160, 1251

SR

683--Melissa Brown, Nichelle Appleby, Julie Epps; Commend .............................................................................1160

SR

684--DOT Highway Work Zone Safety Campaign; Expressing Support ..............................................................1219

SR

685--Heritage High School; Commend Certain Students .........................................................................................1219

SR

686--West Georgia Christian Academy Boys' Basketball Team; Commend .......................................................1219

SR

687--Dr. Leila Denmark; Commend.............................................................................................................................1219

SR

688--Reverend C. Andre' Grier; Honoring...................................................................................................................1219

SR

689--Reverend Miles E. Fowler; Commend................................................................................................................1219

INDEX

2631

SR

690--Census Awareness Week; Proclaim.....................................................................................................................1219

SR

691--Reverend Dr. Cynthia L. Hale; Honoring...........................................................................................................1219

SR

692--Pastor Kerwin B. Lee; Commend ........................................................................................................................1219

SR

693--Rev. David B. Rhone, Jr.; Commend..................................................................................................................1219

SR

694--Savannah Country Day Lady Hornets Basketball Team; Commend.............................................................1219

SR

695--White County High School Basketball Team; Commend...............................................................................1219

SR

696--Dahlonega Art Alliance, Inc.; Commend ...........................................................................................................1220

SR

697--North Ga. College & State University Blue Ridge Rifles; Commend...........................................................1220

SR

698--Mitchell-Baker High School Varsity Cheerleaders; Commend.....................................................................1220

SR

699--Mitchell-Baker High School Eagles Basketball Team; Commend................................................................1220

SR

700--Charles Campbell Bursi; Commend...................................................................................................................1250

SR

701--Christopher Warren Hull; Commend ..................................................................................................................1250

SR

702--David Christopher Meyer; Commend.................................................................................................................1251

SR

703--Bruce William McPherson; Commend...............................................................................................................1251

SR

704--James Alexander Bursi; Commend......................................................................................................................1251

SR

705--Joni Moore; Commend ..........................................................................................................................................1251

SR

706--Jesse Elliott; Commend .........................................................................................................................................1251

SR

707--Great American Meatout Day; Proclaim.............................................................................................................1251

SR

708--Proposed Consolidation of Burlington Northern & Canadian National

Railroad; Urge U.S. Consider Effects .................................................................................................................1251

SR

709--Dr. Laurence T. Crimmins; Commend.....................................................................................................1251, 1260

SR

710--Ted Johnson; Honoring .........................................................................................................................................1251

SR

711--Maia E. Tomlinson; Commend ............................................................................................................................1258

SR

712--David Paul Vener; Commend...............................................................................................................................1258

SR

713--Richard Nelson Knepp; Commend......................................................................................................................1258

SR

714--James W. Ard; Commend .....................................................................................................................................1258

SR

715--Ada Lee Kurtzwell; Commend.............................................................................................................................1258

SR

716--Laura E. Keegan; Commend.................................................................................................................................1258

SR

717--William F. Branan; Commend..............................................................................................................................1258

SR

718--Kevin S. Floyd; Commend....................................................................................................................................1258

SR

719--Payal Manu Patel; Commend ...............................................................................................................................1258

SR

720--Audrey Elizabeth Johnson; Commend................................................................................................................1258

SR

721--William Edward Tougaw; Commend..................................................................................................................1258

SR

722--Chad Andrae; Commend .......................................................................................................................................1258

SR

723--Michael R. Oby; Commend ..................................................................................................................................1259

SR

724--Radha Narayanhan; Commend.............................................................................................................................1259

SR

725--Rachel C. Jones; Commend ..................................................................................................................................1259

SR

726--Ryan M. Kauffman; Commend............................................................................................................................1259

SR

727--Jennifer Brooke Fagler; Commend......................................................................................................................1259

SR

728--Candace N. Porter; Commend..............................................................................................................................1259

SR

729--Rinky Harish Dalal; Commend ............................................................................................................................1259

SR

730--Kimberly R. Lewis; Commend.............................................................................................................................1259

SR

731--Paula Fagerberg; Commend..................................................................................................................................1259

SR

732--Olivia Marie Dates; Commend.............................................................................................................................1259

SR

733--Kyle Burton Wingfield; Commend......................................................................................................................1259

SR

734--Jodie Jean Rayl; Commend...................................................................................................................................1259

SR

735--Deitrah Nadine Lairsey; Commend.....................................................................................................................1259

SR

736--Brenda W. Crooms; Commend ............................................................................................................................1259

SR

737--Bliss Immanuel Khaw; Commend.......................................................................................................................1259

SR

738--Michelle L. Gladman; Commend.........................................................................................................................1259

SR

739--Richard E. Solbrig; Commend..............................................................................................................................1259

SR

740--Adam Lee Henderson; Commend........................................................................................................................1259

SR

741--Pamela Corn Slappey; Commend ........................................................................................................................1259

SR

742--Robert Joel Bush; Commend................................................................................................................................1259

SR

743--Jessica Tharpe; Commend.....................................................................................................................................1259

SR

744--James Maurice Johnson; Commend ....................................................................................................................1251

2632

JOURNAL OF THE SENATE

SR

745--A. E. Beach High School Lady Bulldogs; Commend ...........................................................................1251, 1260

SR

746--Fannin County Recreation Department Girls Basketball; Commend............................................................1304

SR

747--Wilkinson County High School Basketball Team; Commend ............................................................1304, 1323

SR

748--Savannah Arts Academy's Silver Winds Ensemble; Commend.....................................................................1304

SR

749--Chad J. Hepler; Commend ....................................................................................................................................1304

SR

750--Christopher Glenn Hayes; Commend..................................................................................................................1304

SR

751--Deerfield Windsor School Lady Basketball Team; Commend........................................................................1304

SR

752--Reverend Michael D. Woods; Commend...........................................................................................................1304

SR

753--Reverend William E. Flippin, Sr.; Commend....................................................................................................1304

SR

754--Reverend John Davis Marshall; Commend........................................................................................................1304

SR

755--Disability Awareness Month Observance; July 2000.......................................................................................1304

SR

756--Berkmar High School Patriots Basketball Team; Commend................................................................1305, 1311

SR

757--Lewis Justus; Commend........................................................................................................................................1338

SR

758--Robert Jeffrey Bostedo; Commend......................................................................................................................1338

SR

759--Douglas Widener; Commend................................................................................................................................1338

SR

760--Charles R. DeMott; Commend.............................................................................................................................1338

SR

761--Georgia Animal Agriculture; Commend ............................................................................................................1338

SR

762--Maxine Newberry Reese; Commend...................................................................................................................1339

SR

763--Wendel L. Ingram, Sr.; Regrets at Passing ........................................................................................................1339

SR

764--Sadie Williams; Commend....................................................................................................................................1339

SR

765--A.M.E. Churches South Georgia Annual Conference; Recognize .................................................................1500

SR

766--Home Schools; Commend.....................................................................................................................................1500

SR

767--Georgia Funeral Directors Association; Commend..........................................................................................1500

SR

768--Mitchell County Citizens; Expressing Regrets for Tornado Damage............................................................1500

SR

769--Local Law Enforcement; Urge Salary and Benefits Review...........................................................................1492

SR

770--Coastal Tourism Study Committee.......................................................................................................................1492

SR

771--Honorable Charles K. Rewis; Regrets at Passing.............................................................................................1500

SR

772--Honorable Tennyson Elders; Regrets at Passing ..............................................................................................1500

SR

773--Grady County Citizens; Expressing Regrets for Tornado Damage................................................................1500

SR

774--Golfers Associations & PGA; Commend Jr. Golf Program............................................................................1500

SR

775--Wades Baptist Church; Commend.......................................................................................................................1500

SR

776--William W. Nelson; Tribute to.............................................................................................................................1501

SR

777--Adjournment; Relative to ................................................................................................................1469, 1512, 1742

SR

778--Angie Wendelken; Regrets at Passing................................................................................................................1501

SR

779--W.H.A.L.E. Program; Commend.........................................................................................................................1501

SR

780--Annie Oneta Plummer; Regrets at Passing ........................................................................................................1749

SR

781--Sergeant Gary Grant Scott; Regrets at Passing .................................................................................................1750

SR

782--Martin Luther King, Jr. Drive Merchants Association; Commend.................................................................1750

SR

783--Joint Study Committee on Stewardship Policy of the Old Governor's Mansion..........................................1745

SR

784--ShaRhonda Stadium; Commend ..........................................................................................................................1750

SR

785--ShaKira Stadium; Commend ................................................................................................................................1750

SR

786--Noncustodial Parent Visitation; Urge Judges to Encourage ...........................................................................1750

SR

787--Charles Frederick Warnell, Sr. Highway; Designate .......................................................................................1746

SR

788--State Policy on Childhood Care & Education; Goals, Outcomes...................................................................1750

SR

789--Gateway Village Project in Clayton County; Commend.................................................................................1750

SR

790--Fluis and Frances Lairsey; Honoring ..................................................................................................................1750

SR

791--Sanquinetta M. Dover; Commend .......................................................................................................................1750

SR

792--Reverend J. Douglas Childers; Commend..........................................................................................................1750

SR

793--Brookwood High School Swim Team; Commend............................................................................................1750

SR

794--Study Committee on Rural Hospitals ...................................................................................................................1746

SR

795--Pastor Gregory Anthony Sutton; Honoring........................................................................................................1750

SR

796--Kristen L. Hiscox; Commend...............................................................................................................................1751

SR

797--Augusta Christian School Baseball Team; Commend .....................................................................................1751

SR

798--Augusta Christian School Boys' Basketball Team; Commend........................................................................1751

SR

799--Betty Cochran Ridley; Commend........................................................................................................................2049

SR

800--FBI Background Checks of Firefighters; Urge Eliminate Fees ......................................................................2048

INDEX

2633

SR

801--Reverend Craig L. Oliver; Commend .................................................................................................................2049

SR

802--Mary Ann Draut; Commend......................................................................................................................2049, 2312

SR

803--Fairfield Inn; Commend ........................................................................................................................................2049

SR

804--Bulloch Memorial Hospital; Commend..............................................................................................................2050

SR

805--Cobb Family Resources; Honoring .....................................................................................................................2050

SR

806--Carl E. Johnson; Commend...................................................................................................................................2050

SR

807--Regina Tourial; Commend....................................................................................................................................2050

SR

808--Rojene Bailey; Commend .....................................................................................................................................2050

SR

809--Jim Jenkins; Commend..........................................................................................................................................2050

SR

810--Tracy D. Campbell; Commend.............................................................................................................................2050

SR

811--Reverend Creflo Dollar, Jr; Honoring.................................................................................................................2050

SR

812--Athens Area Child Abuse Prevention Council, Inc.; Commend......................................................................2050

SR

813--Deputy Ricky Kinchen; Tribute to ......................................................................................................................2050

SR

814--Deputy Aldranon English; Tribute to..................................................................................................................2050

SR

815--Susan Wells Drechsel; Commend.............................................................................................................2050, 2338

SR

816--Senator Clay Land; Commend ..................................................................................................................2050, 2356

SR

817--Gwinnett Daily Post's Girls Co-swimmer of Year; Commend........................................................................2583

SR

818--Christine Hupman; Commend..............................................................................................................................2584

SR

819--Mike Kauffman; Commend ..................................................................................................................................2584

SR

820--Eric Shanteau; Commend......................................................................................................................................2584

SR

821--Honorable John D. McIver; Commend...............................................................................................................2584

SR

822--Archbishop Jimmie L. Smith; Recognize ...........................................................................................................2584

SR

823--Rita D. Samuels; Commend..................................................................................................................................2584

SR

824--Fred D. Bentley, Sr.; Honoring ............................................................................................................................2584

SR

825--William "Bill" Edwards; Congratulating on Birthday......................................................................................2584

SR

826--Debra Gibson; Celebrating Life ...........................................................................................................................2584

SR

827--Reverend Dr. Elliott Luis Strickland; Commend ..............................................................................................2584

SR

828--Immigrant Population; Increase Awareness of Disease Prevention ..............................................................2584

2634

JOURNAL OF THE SENATE

PART II, NUMERIC INDEX HOUSE BILLS AND RESOLUTIONS

HB

20--Ad Valorem Tax; Exemption; Laborers Trade Tools, Implements .....................................145, 150, 519, 580,

1308, 1323

HB

35--Income Tax; Personal Exemptions; Dependent Deductions.........................................19, 27, 58, 79, 111, 112

HB

36--Tax Foreclosure Sales; Judicial Orders, Easements, Rights of Way...........................................................19, 27

HB

38--Students Enrolled in Post-secondary Courses; Program Counts..................................................................19, 27

HB

39--Jury Duty Excuses or Deferrals; Certain Students; Child Caregivers ...................................19, 27, 411, 1512,

1521, 2045

HB

68--Veteran's Day Observance November 11 in Public Schools .......................................19, 28, 126, 140, 141, 314

HB

76--Aviation Hall of Fame; Official Repository for Aviation History ...................................... 19, 28, 77, 111, 117

HB

82--Sales Tax; Exemption; Electricity Used for Farm Crop Irrigation ...............................................................1387

HB

87--Public Buildings Paid for by Taxpayers; Placement of Plaques .......................................................19, 28, 1218

HB

94--Medicare Supplement Insurance; Definitions; Creditable Coverage..........................................................19, 28

HB 110--Concealed Weapons; Carrying in Certain Places; Judicial Personnel....................................... 19, 28, 78, 111,

128, 130, 445

HB 112--Forestry Management; Lands Owned in Fee Simple or Life Tenant...........................................................19, 28

HB 114--Students; Alternative Schools; Developmental Deficiencies....................................................19, 28, 359, 797,

813, 1295

HB 115--Driver's Licenses; Replacement for Remaining Time Period ....................................19, 29, 189, 207, 230, 241

HB 122--Driver's Licenses; Disqualification for Epilepsy Disorder................................................... 823, 826, 987, 1087

HB 135--Workers' Compensation; Amend Provisions...................................................................................................19, 29

HB 146--Retired Physicians; Volunteer in Medicine Health Care Act........................................................................20, 29

HB 150--Building Permits; Code Compliance; Inspectors; Local Amendments..................20, 29, 138, 156, 157, 445

HB 151--Building Permits; Code Compliance; Inspections by Professional Engineers ........20, 29, 138, 156, 160, 445

HB 153--Magistrate Courts; Ordinance Violations; Community Service .........................................................1194, 1195

HB 167--Ad Valorem Tax Digest; Motor Vehicles and Mobile Homes .....................................................................20, 30

HB 171--Rape Prevention and Personal Safety Education...........................................................................20, 30, 203, 230,

265, 268, 327

HB 172--Rehabilitation Services; Transfer From DHR to Labor Department ........................................20, 30, 318, 525,

556, 1244, 1389, 1492,

1863, 2344, 2607

HB 182--Juvenile Courts; County-wide and Circuit-wide Judgeships........................................1301, 1303, 1353, 1433,

2171, 2306

HB 192--Macon County; Office of County Manager...................................................................No Senate action in 2000

HB 206--Licensed Practical Nurses; Identifying 'LPN' Name Tags......................................................203, 226, 265, 295,

434, 456, 461

HB 222--Tax Payments, Other State Revenue; Deposit Deadlines ...................................................................20, 30, 1301

HB 235--Sheriffs; Record-keeping; Automated or Computerized Methods .................................. 20, 30, 138, 156, 162

HB 257--Uniform Fraudulent Transfers Act ..........................................................................................................20, 30, 1300

HB 259--Arrest Warrants Application Procedures; Hearings; Evidence....................................................................20, 31

HB 260--State Medical Education Board; Administrative Staffing...........................................................20, 31, 203, 230,

265, 269, 327

HB 265--Assault or Battery Upon a Sports Official, Umpire, Referee ......................................................20, 31, 226, 265,

295, 362, 400, 445

HB 266--Voting Booths; Child Under 17 May Accompany Parents ................................................................20, 31, 1498

HB 269--Mental Health Disability Services; Client Requests; Registry ....................................................................20, 31

HB 271--Mental Health Therapists Licensing; Not Original Subject Matter..............................1086, 1159, 1308, 1311,

1320, 1329, 1352

HB 272--Income Tax Credit; Low-income Housing Development.......................................................259, 262, 471, 495,

524, 539

HB 298--FBI Fingerprint Records Check; Foster Care Home Applicants.................................................................20, 32

HB 304--Magistrate Court Jurisdiction Over Criminal Trespass Violations...................................515, 517, 1301, 1303,

1512, 1713, 2604

INDEX

2635

HB 326--Private Detective and Security Agencies; Amend Provisions ...............................................287, 289, 429, 452, 1764, 2043, 2337
HB 331--Ticket Brokers Reselling Tickets of Admission; Ticket Scalping Laws..................20, 32, 152, 175, 176, 314 HB 336--Augusta-Richmond County; Committees, Authorities, Boards, Commission.........No Senate action in 2000 HB 337--Sureties on Criminal Bonds; Compensation Amount ....................................................................................20, 32 HB 340--Evidence; Subpoenas; Witness Fees and Mileage..................................................................326, 330, 452, 472,
1762, 1902, 2602 HB 343--Driver Training Schools and Instructors .........................................................................No Senate action in 2000 HB 350--Chatham County - Savannah; Ad Valorem; Homestead Exemption............................................................1748 HB 351--State Examining Boards; Members Residency Requirements...........................................................20, 32, 1498 HB 361--SE Railway Museum; Official State Transportation History Museum............................... 20, 32, 77, 112, 128 HB 366--Wills, Trusts, Estates; Probate Code; Inheritance by Paternal Kin ...........................No Senate action in 2000 HB 393--Sheriffs Retirement Fund ..............................................................................................................287, 289, 430, 452,
1260, 1263 HB 401--Local Government Authorities; Members; Grand Jury Indictment ....................................................... 291, 319 HB 408--Trafficking in Methamphetamine.........................................................................................188, 204, 230, 265, 271 HB 414--Dissolving Temporary Guardianships of Minors......................................................................20, 32, 1248, 1353,
1376, 2047 HB 415--Motor Vehicle Dealerships, Franchises; Transfer of Ownership ..........................................20, 33, 1248, 1308,
1309, 2604 HB 416--Agents Given Durable Power of Attorney for Health Care ............................................................................20, 33 HB 423--Traffic Violations; Prosecution; Jurisdiction..................................................................................................20, 33 HB 429--Mortgages; Cancellation of Instruments to Secure Debt ...............................................................................20, 33 HB 432--Telephone Solicitations; Prohibitions not Applicable Certain Sales ................................................20, 33, 1086 HB 441--Ad Valorem Taxes; Motor Vehicles; Nonresident Military Personnel...............................164, 168, 519, 580,
1512, 1523 HB 446--Ad Valorem Taxes; Homestead Exemption; Deceased Veterans ...................................164, 168, 1157, 1218,
1764, 2043, 2263 HB 449--Stone Mountain Memorial Association Police Powers ..................................................21, 34, 77, 112, 128, 129 HB 453--Probate Court Judges Retirement Benefits for Senior Judges ................................................222, 224, 332, 360,
1260, 1267 HB 455--Georgia Rail Passenger Authority Overview Committee........................................................182, 186, 318, 332,
362, 400 HB 456--Corrections; Privatize Detention Facilities; Out-of-State Prisoners .........................No Senate action in 2000 HB 467--Unfair Business Practices; Promotional Offers ............................................................21, 34, 332, 434, 476, 486 HB 468--Georgia Radio Utility Act; Repeal Provisions .........................................................................198, 201, 360, 412,
1764, 2043 HB 470--Victims' Reimbursement Act of 1999................................................................................................................21, 34 HB 482--Contributing to Delinquency of a Minor............................................................................................................21, 34 HB 487--Health Insurance Premium Increases .................................................................................................................21, 34 HB 496--Specially Designated Disabled Persons License Plates, Parking ..............................................21, 34, 188, 207,
230, 242, 327 HB 500--Drug Trafficking Convictions; When no Appeal Bond Granted................................No Senate action in 2000 HB 506--Foreign Language Instruction in Elementary, Middle Schools .....................................................................21, 34 HB 507--Telephone Service; Reconfiguration of Toll-free Calling Areas................................No Senate action in 2000 HB 509--Historic Preservation Districts Designation Process ................................................................452, 472, 796, 797,
1216, 1220, 1333, 1387 HB 513--Felony Insurance Fraud Committed Against Senior Citizens........................................................................21, 35 HB 517--Snow Skiing; Ski Area Safety Act....................................................................................1194, 1195, 1336, 1338,
1763, 2022 HB 518--County School Tax Collections; Distribution of Moneys .............................................................. 21, 35, 58, 79,
111, 112, 146 HB 520--DOT Enforcement Officers; Illegal Drug Detection ...................................................................... 4, 45, 967, 989,
1354, 1476, 2047 HB 523--Ad Valorem Property Tax Assessment Value Measurements ........................................................ 21, 35, 58, 79,
111, 113, 146

2636

JOURNAL OF THE SENATE

HB 524--Job Tax Credits for Qualified Businesses .........................................................................................................21, 35 HB 525--Local Government; Limit Powers to Transport Garbage, Waste...............................No Senate action in 2000 HB 542--Telemarketing Sales Solicitations................................................................................................313, 316, 967, 989,
1764, 2037, 2602 HB 543--Employees' Retirement; Transfer of Membership ..............................................................982, 983, 1302, 1303,
1354, 1450 HB 549--Minimum Wages; Increase Amount ........................................................................................................1149, 1152 HB 550--School Dropouts; Re-enrollment Eligibility After Age 18.........................................................21, 35, 1300 HB 552--State Court Judges Qualifications....................................................................................21, 35, 188, 207, 230, 243 HB 557--State Tree Protection Law..................................................................................................No Senate action in 2000 HB 564--Category I Dams; Administrative Costs; Owner Fees ..................................................................................21, 36 HB 566--State Employees Health Insurance Plan; Include Judicial Retirees ..........................21, 36, 204, 231, 265, 272 HB 567--Sales Tax Exemptions...............................................................................................................958, 962, 1247, 1303,
1353, 1367, 1819, 1937 HB 573--MARTA Operating Costs and Interest Income .............................................................21, 36, 108, 128, 129, 140 HB 576--Funding Cooperative Public Library Projects...................................................................................................21, 36 HB 577--Optometrists; Continuing Education; Prescriptive Authority.....................................122, 781, 918, 971, 2464 HB 584--Criminal Cases and Entry of Guilty Plea by Immigrant Residents...............................1150, 1152, 1336, 1338,
1513, 1740, 2604 HB 585--DOT; Mass Transportation System Capital Projects......................................................................................21, 36 HB 586--Health Care Professionals; Legislation to Change Scope of Practice........................No Senate action in 2000 HB 587--Probationary Driver's License Replacement Fees ................................................................. 21, 36, 126, 140, 143 HB 590--Fulton County and City of Atlanta; Single Due Date for Taxes.................................No Senate action in 2000 HB 591--Local Government Code Enforcement Boards Act ..........................................................1079, 1081, 1498, 1499 HB 592--Sales Tax Payments by Contractors and Subcontractors.........................................................465, 467, 924, 968,
1512, 1514, 2047 HB 597--Superior Court Clerks and Computerized Real Estate Indices ...................................21, 36, 152, 175, 180, 327 HB 613--GCIC; Felony Criminal Records; Electronic Dissemination ................................................407, 409, 580, 778,
929, 953 HB 616--Public Retirement Systems Funding Standards..........................................................................21, 37, 59, 79, 134 HB 617--Public Retirement Systems Investment Authority Law......................................................21, 37, 59, 79, 86, 122 HB 623--Ad Valorem Tax; Mobile Home Location Permits; Dealer Returns ...........................................................21, 37 HB 630--State Agencies and Entities; Inventory of Leased Building Space ..............................................................21, 37 HB 631--Medicaid; Payment of Inpatient Hospital Claims .........................................................No Senate action in 2000 HB 634--Dental Hygienists Licensure and Qualifications.......................................................................183, 186, 318, 332,
414, 420 HB 642--Family Violence Restraining Orders; Contempt .............................................................................................21, 37 HB 646--Renal Disease, Kidney Dialysis Facilities and Technicians...............................................287, 290, 1086, 1159,
1513, 1762, 1891, 2603 HB 648--State and Local Government Vehicles; Identifying Markings ....................................1209, 1211, 1335, 1338,
1513, 1722, 2602 HB 649--Drug Trafficking, Possession Vicinity of Housing Project or Park................................................ 21, 37, 66, 79,
96, 111, 114 HB 650--Animal Matter Processing Plants; Reduce Odorous Gases, Vapors ..........................No Senate action in 2000 HB 654--State Employees Retirement; District Attorney Investigators ...............................................145, 150, 204, 226,
266, 295, 929, 954 HB 656--Insurance Transactions by Certain Financial Lending Institutions........................................288, 290, 579, 778,
1513, 1724, 2046 HB 658--Georgia Commission on Women; Terms; Absences; Residency .................................... 22, 38, 520, 797, 820 HB 668--State Employees Health Insurance Plan Changes............................................................................................22, 38 HB 670--Health Insurance Policy Identification Cards Information..........................................................22, 38, 170, 193,
207, 216, 327 HB 679--Motor Vehicle Liability Insurance; Trucks or Truck Tractors............................................ 823, 826, 1497, 1499 HB 684--Ad Valorem Taxes; Homestead Exemption; Disabled Veterans...........................................165, 168, 471, 495,
525, 554 HB 686--QBE Midterm Adjustments; Limited English Speaking Program................................................................22, 38

INDEX

2637

HB 701--Houston Judicial Circuit; Term of Superior Court ...........................................................................................22, 38 HB 703--Bankruptcy Exemption; Insolvent Estates; Property Owned Jointly ..........................1151, 1152, 1339, 1497,
1499 HB 708--Commencement of Civil Actions; Summons; Waiver of Service........................................514, 517, 966, 989,
1353, 1417, 2045 HB 712--Sexual Offenses; Obscene Telephone Contact With a Child ........................................1151, 1152, 1336, 1338,
1513, 1726 HB 716--Automobile Carriers or Oversized Vehicles; Designated Highways...........................................................22, 38 HB 719--Dangerous Dog Classification; Animal Control Boards................................................1194, 1196, 1336, 1338,
1513, 1727 HB 720--Prohibited Lobbying Practices; State Agencies Using Public Funds..........................................................22, 39 HB 734--Rename State Examining Boards as Professional Licensing Boards ........................................22, 39, 291, 362,
365, 445 HB 745--Bibb County Probate Court Judge; Nonpartisan Elections .....................................................452, 454, 455, 476 HB 755--State Service Delivery Regions; Reclassify Certain Counties......................................................................22, 39 HB 764--State Employees Retirement; Former Judicial Retirement Member.....................................465, 467, 966, 989,
1354, 1466 HB 767--State Employees Retirement; Credit Temporary Full- time Service............................1210, 1211, 1302, 1303,
1762, 1904 HB 772--State Employees Retirement; Credit Local School District Service.............................1209, 1211, 1302, 1303 HB 784--Advanced Practice Registered Nurses Prescriptive Authority.................................................................. 981, 984 HB 794--DeKalb County Sheriff; Compensation..........................................................................No Senate action in 2000 HB 795--DeKalb County; County Officers; Employing Personnel.........................................No Senate action in 2000 HB 796--Dekalb County Employee Salary Deductions; Contributions, Dues ..............................................471, 473, 475 HB 799--Peace Officers Retirement Benefits; Reemployment of Retirees......................................... 134, 136, 332, 360,
525, 568 HB 801--Income Tax Credits; Emission Reducing Vehicles and Technology ..............................959, 962, 1335, 1338,
1763, 2019 HB 804--Supreme Court; Terms of Court; Beginning and Ending Dates .....................................22, 39, 66, 79, 96, 122 HB 805--Richmond County State Court Officials Compensation............................................................................ 189, 192 HB 809--Taxicab Self-insurers Located Certain Counties..............................................................................................22, 39 HB 811--Randolph County and Brooks County Superior Court Terms .................................................22, 39, 1498, 1761,
1771, 2602 HB 814--Acupuncture Practices Act.......................................................................................................574, 576, 1301, 1303,
1352, 1355, 1820, 1886, 2606
HB 815--Claims Against the State; Compensation Resolutions Introduction............................1079, 1082, 1334, 1338, 1513, 1730
HB 816--Unlicensed Conditioned Air Contractors; Prohibited Activities .......................................................22, 40, 1335 HB 817--Self-service Storage Facility Rental Agreements; Property Liens................................1210, 1211, 1337, 1338,
1512, 1719 HB 818--Insurers; Medicare+Choice Plans Coverage; Policy Cancellations.....................................22, 40, 1497, 1761,
1773, 2333, 2404 HB 819--Health Insurers; Patient Information Obtained From Pharmacies ...............................................................22, 40 HB 823--License Plates; Historical Plates; Vehicles Sold by Dealers; Tag Fee ...................................22, 40, 411, 497,
508, 1215, 2106 HB 837--Recovery of Damages to Dwellings Involving Exterior Siding.........................................465, 468, 1249, 1303,
1512, 1531, 1819, 1865, 2147, 2265, 2576, 2607 HB 840--Georgia Military College; Appropriation of Funds.................................................................198, 201, 360, 412,
434, 497, 505 HB 846--Utility Contracting; Waste Treatment Systems; Site Evaluations ...............................1208, 1211, 1498, 1499 HB 847--Local Retirement Systems; Pension Obligation Bonds .................................................................................22, 40 HB 853--County Law Libraries; Collection and Use of Court Costs ............................................... 574, 576, 1249, 1303 HB 859--Legislative Retirement; Prior Service Credit; Election of Coverage..........................1194, 1196, 1302, 1303,
1513, 1733

2638

JOURNAL OF THE SENATE

HB 863--Vulnerable Adults Protection; Caretaker Violations; Penalties.................................No Senate action in 2000 HB 865--Radar Speed Detection Devices; Use in Historic Districts; Reports ...................................407, 409, 966, 989,
1512, 1524, 2046 HB 887--Firefighters Retirement; Class Nine Fire Department Pension Fund ...................................823, 827, 966, 989,
1763, 2015 HB 892--Juvenile Court Intake; Probation Services; Transferred Employees ...................................490, 492, 966, 989,
1513, 1735 HB 904--Childhood Lead Exposure Control Act..................................................................................965, 989, 1514, 1763,
2007, 2603 HB 905--Obstruction of Law Enforcement or Corrections Officers .................................................326, 330, 1086, 1159,
1308, 1321 HB 908--Teachers Retirement; Credit for Military Service Interruptions ...........................................134, 137, 520, 580,
1354, 1470 HB 919--Judicial Retirement; Membership of Certain Persons.............................................................465, 468, 966, 989,
1354, 1472 HB 935--Dangerous Dog Owners; Liability Insurance and Surety Bond .............................................................. 406, 410 HB 939--Ad Valorem Tax Millage Rate Setting Authority and Procedures ...................................958, 962, 1301, 1303,
1513, 1736 HB 964--Public Entities Issuing Bonds, Notes, Obligations; Filing Reports ........................................................ 258, 262 HB 977--Pooler, City of; Corporate Limits; Annexation ............................................................No Senate action in 2000 HB 981--Sugar Hill, City of; Corporate Limits..............................................................................No Senate action in 2000 HB 988--State Employees Retirement; Superior or State Court Employees .......................................326, 331, 520, 580,
929, 945 HB 999--Teacher or Employee Retirement Members; Employment Change .....................................258, 262, 430, 452,
929, 937 HB 1006--Clayton County State Court Deputy Clerk...............................................................................................2048, 2053 HB 1018--Walton County; Form of Government; Referendum...................................................No Senate action in 2000 HB 1026--Life Beneficiary's Account in Community Trusts; Distribution.......................................145, 150, 1086, 1159,
1260, 1269 HB 1031--Legislative Retirement; Methods to Increase Benefit Allowances ..................................823, 827, 1497, 1499,
1763, 1928, 2602 HB 1038--Centralized Credentialing for Health Care Practitioners Act.................................................................... 464, 468 HB 1042--Burke County Board of Education....................................................................................No Senate action in 2000
HB 1046--Judicial Retirement; Transfer of membership to Employees Retirement ............................145, 151, 204, 226, 266, 295, 1260, 1270
HB 1079--Public Works Construction Contracts; Bid Procedures ....................................................514, 518, 1218, 1249, 1514, 1762, 1909, 2603
HB 1082--Stewart County; Office of Chief Magistrate; Elections....................................................442, 447, 1336, 1339, 1349, 1351, 1745
HB 1089--Probate Court Judges Retirement; Membership Dues.............................................................183, 186, 430, 452, 1260, 1273
HB 1097--Crime of Stalking Using Computer Networks or Electronic Media .................................823, 827, 1301, 1302, 1353, 1432
HB 1112--Juvenile Proceedings; Reorganize OCGA Title 15, Chapter 11........................................... 146, 151, 331, 360, 497, 505
HB 1113--Electronic Returns Electronically Submitted to Secretary of State............................................76, 77, 152, 170, 193, 207, 219
HB 1117--Elections Code; Amend Various Provisions..............................................................................146, 151, 925, 968 HB 1118--Ad Valorem Preferential Assessment; Historic Property; Trees ....................................771, 773, 1335, 1337,
1763, 1934 HB 1123--Forest Resources; Prescribed Burning to Reduce Wildfires ..................................................182, 186, 331, 360,
414, 419 HB 1124--Fish Caught by Gill Net Prohibited .............................................................................................146, 151, 204, 226,
266, 295, 322, 335, 352, 575, 2127

INDEX

2639

HB 1132--Dairy Act; Grade A Pasteurized Milk Ordinance ....................................................................134, 137, 359, 412,

456, 458

HB 1133--Child Custody; Best Interest Standard; Temporary Period ..............................................406, 410, 1301, 1302,

1513, 1763, 2014, 2601

HB 1134--Income Tax Credit; Employer Transportation Benefits; Relocation of

221, 224, 1335, 1337,

Business Headquarters....................................................................................................... .........1512, 1717, 2045

HB 1135--Less Developed Counties; Economic Development Incentives and Preferences..........313, 316, 1300, 1302,

1761, 1769, 2268, 2284,

2393, 2403, 2551, 2607

HB 1137--Georgia Tax Code; Conform and Incorporate Federal Laws .................................................221, 224, 471, 495,

525, 554

HB 1138--Dead Animal Disposal; Methods; Incineration of Carcasses ...............................................133, 137, 359, 412,

434, 497, 499

HB 1139--Dairy Products Production; Cans, Bottles, Other Receptacles ..............................................134, 137, 359, 412,

456, 459

HB 1140--Dairy Act Violations; Monetary Penalties ................................................................................134, 137, 359, 412,

456, 460

HB 1141--Agriculture; Cooperative Marketing Associations; Powers ..................................................133, 137, 225, 263,

295, 321, 323

HB 1142--Vidalia Onion Promotion; Royalties and License Fees; Trademark....................................133, 138, 923, 968,

1260, 1276, 1491

HB 1144--World War II Memorial in Washington; Appropriate State Funds ....................................................1209, 1212

HB 1148--Georgia Defined Contribution Plan; Employee Members......................................................134, 138, 204, 226,

266, 295, 929, 942

HB 1149--Hotel-motel Tax Levy; Convention Center; Purposes ...........................................................259, 262, 430, 452,

497, 511, 513

HB 1151--Real Estate Appraisers, Brokers and Salespersons ............................................................... 406, 410, 1157, 1218

HB 1153--Named Roads, Bridges, Interchanges; Public Internet Access to .........................................165, 168, 318, 332,

362, 434, 831, 841

HB 1154--Danielsville, City of; Corporate Limits.................................................................................. 121, 125, 1336, 1340

HB 1157--Probate Courts; Interest From Cash Bonds; Indigent Defense........................................222, 225, 1248, 1302,

1355, 1480

HB 1158--Office of Senior Probate Judge; State Court Interpreters Training.......................................198, 201, 495, 521,

929, 950, 1296

HB 1159--Income Taxes; Retirement Income Exclusion..........................................................................221, 225, 519, 580,

831, 833

HB 1160--State Government General Appropriations; FY 2000-2001..........................................1150, 1152, 1334, 1338,

1513, 1631, 1708,

1719, 1722, 1724, 1938,

2007, 2048

HB 1161--Supplemental Appropriations; State Health Insurance Plans.................................................133, 138, 169, 189,

207, 230, 243

HB 1162--Supplemental Appropriations; FY 1999-2000..........................................................................406, 410, 495, 521,

582, 703, 768, 781,

785, 789, 795,

845, 913, 918

HB 1163--Effingham County; Board of Commissioners; Elections .................................................. 121, 125, 1249, 1252

HB 1164--Effingham County; Board of Commissioners; Employing a Clerk.................................. 121, 125, 1249, 1252

HB 1166--Cobb County Property Taxpayer Reassessment Relief Act ....................................................121, 125, 924, 968,

1353, 1378

HB 1168--Insurers; Domestic Stock and Mutual; Charter Applications ..........................................287, 290, 1157, 1218,

1308, 1320

HB 1171--Towaliga Judicial Circuit; Superior Court Terms ....................................................................145, 151, 226, 263,

295, 456, 458

HB 1178--Municipal Ad Valorem Tax Deferral for Senior Citizens ..................................................574, 577, 1247, 1302,

1353, 1383

2640

JOURNAL OF THE SENATE

HB 1180--Motor Vehicles and Traffic; Driver Violations; Police Car Lights ................................823, 827, 1499, 1761, 1781, 2310, 2342, 2415, 2420, 2557, 2607
HB 1181--Controlled Substances and Dangerous Drugs Listing..............................................................183, 187, 452, 472, 525, 553
HB 1182--Environmental Policy Act; Changes Effecting Farms/Agriculture .......................................165, 169, 451, 472, 992, 1048, 1216, 1241, 1296, 1455, 2312, 2607
HB 1183--Motor Vehicle Combustion Engines; Nitrous Oxide Fuel Additives ............................... 959, 962, 1337, 1338 HB 1184--Worker's Compensation Provisions.............................................................................................314, 316, 520, 580,
1224, 1241 HB 1186--Innkeepers; Hotel-motel Excise Taxes...................................................................................574, 577, 1247, 1303,
1353, 1427, 2045 HB 1187--A Plus Education Reform Act of 2000........................................................................................356, 358, 495, 521,
582, 703, 808, 824, 844, 1534, 1627, 1628 HB 1189--Higher Education; Family Savings; Qualified Tuition Program.............................................1182, 1336, 1338 HB 1192--Trucks, Trailers or Semi-trailers; Brake Requirements ..........................................................259, 262, 430, 452,
524, 550, 1296 HB 1197--Georgia Art Policy Committee and Subcommittees........................................................1199, 1200, 1300, 1303,
1514, 1762, 1903 HB 1204--Estates; Heirs and Creditors; Property Title; Vesting Interest........................................464, 468, 1336, 1338,
1514, 1764, 2043, 2265 HB 1205--Dissolution of Development Authorities; Assets and Obligations........................................573, 577, 965, 988,
1260, 1278 HB 1206--Juvenile Court Clerks; Local Code Enforcement Boards..................................................326, 331, 1497, 1499,
1764, 2039, 2146, 2266, 2309, 2341, 2408, 2607 HB 1210--Sales Tax Exemption; Sale of Coins, Currency or Bullion ...............................................959, 962, 1247, 1303,
1353, 1415 HB 1214--PeachCare for Kids Health Care Program; Family Income Level....................................483, 492, 1086, 1159,
1260, 1278
HB 1215--Income Tax Credits; Corporate Income; Affiliated Entities ............................................421, 426, 1157, 1218, 1353, 1416
HB 1216--Cherokee County State Court; Additional Judge ................................................................. 164, 169, 1336, 1340 HB 1217--Ad Valorem Tax; Conservation Use Property; Family Farms ..............................................407, 410, 519, 580,
796, 805 HB 1218--Franklin County Board of Commissioners and County Manager....................................................154, 170, 173 HB 1219--Property Insurance; Heavy Equipment Dealers........................................................................221, 225, 471, 495,
797, 819 HB 1221--Residential Tenants; Water Service Charges ............................................................................222, 225, 967, 988,
1224, 1240, 1491 HB 1224--Ad Valorem Valuation of Motor Vehicles; Averaging Method............................................770, 773, 965, 988,
1762, 1887, 2170, 2334 HB 1226--Lamar County Livestock & Agricultural Exposition Authority......................................... 164, 169, 1217, 1222 HB 1229--Prohibited Cigarettes or Tobacco Sales to Minors; Enforcement ....................................407, 410, 1249, 1303,
1764, 2030 HB 1230--State Board of Technical and Adult Education; Expenses .....................................................464, 468, 965, 988,
1761, 1767 HB 1231--Financial Institutions; Parity; Mergers; Directors...................................................................771, 774, 964, 988,
1260, 1280 HB 1234--Pharmacists Performing Blood Tests to Monitor Patient Care ..........................................424, 426, 1301, 1303,
1513, 1761, 1767 HB 1235--Commission on Men's Health.......................................................................................................183, 187, 291, 319,
434, 439, 575

INDEX

2641

HB 1236--Sales Tax Exemption; Gas Fuels Used in Poultry Industry .........................................1079, 1082, 1301, 1303, 1354, 1446
HB 1240--Sexual Acts with Children Less Than Age 10 Years; Sodomy ........................................423, 427, 1336, 1338, 1763, 1925, 2393, 2403, 2464, 2465, 2585, 2608
HB 1242--Thomas County Ad Valorem Taxes; Homestead Exemption .................................................................. 182, 187 HB 1245--Leaf Tobacco Warehouse Sales; Weight Tickets.............................................................1079, 1082, 1217, 1249,
1308 HB 1246--State Debt; Construction Contracts; Non-applicable Local Taxes...................................423, 427, 1157, 1218,
1354, 1447, 2045 HB 1247--Ad Valorem Tax Exemption; Property of Elks/BPOE Lodges ........................................424, 427, 1247, 1303,
1353, 1426 HB 1251--Water/Wastewater Treatment Plant Operators and Lab Analysts...........................................424, 427, 579, 778 HB 1253--Brooks County Superior Court Terms ....................................................................................259, 262, 1218, 1249,
1514 HB 1256--Disabled Persons; Use of Guide or Service Dogs; Accessible Places............................958, 963, 1337, 1338,
1764, 2038 HB 1257--Clarify Deposit Account Fraud; Retail Check Dishonor Fees......................................1194, 1196, 1300, 1303,
1355, 1482, 1761, 1764, 2603
HB 1258--Retirement; OCGA Code Title 47; Correct Errors and Omissions......................................326, 331, 412, 431, 524, 545
HB 1259--Clay County Board of Commissioners; Selection and Terms ............................................ 182, 187, 1336, 1340 HB 1260--Elections; OCGA Code Title 21; Correct Errors and Omissions.........................................198, 201, 291, 319,
335, 344 HB 1262--Code of Georgia; Code Revisions, Modernization ..................................................................198, 201, 412, 431,
476, 483, 1295 HB 1264--Courts; Fines and Forfeitures; Local Victim Assistance Programs .....................................314, 316, 412, 431,
476, 480, 575 HB 1265--Ad Valorem Property Tax Returns; Oaths; Electronic Signatures .................................960, 963, 1301, 1303,
1763, 1937 HB 1267--Chatham County School Tax Collections; Fees......................................................................................... 197, 202 HB 1268--Local Development Authorities Training Requirement..................................................1079, 1082, 1217, 1249,
1353, 1384 HB 1271--Hall County; Ad Valorem School Taxes; Homestead Exemption................................... 197, 202, 1302, 1305 HB 1273--Excise Taxes; Wineries Shipping From Outside State to Consumers ..................................313, 316, 521, 580,
831, 835 HB 1275--Employees Experiencing Violence or Threats in the Workplace ...................................1151, 1152, 1336, 1338 HB 1277--Cotton Producers Indemnity Fund; Payment for Certain Losses ...................................... 443, 447, 1217, 1249 HB 1282--Murray County Board of Commissioners ...................................................................................197, 202, 291, 293 HB 1283--Coleman, City of; New Charter............................................................................................... 197, 202, 1336, 1340 HB 1284--Capital Crimes; Death Penalty; Execution by Lethal Injection.......................................490, 492, 1301, 1303,
1353, 1380, 1791, 2310 HB 1285--Taxpayers' Pension Advocate; Objections to Employee Benefits....................................959, 963, 1302, 1303,
1763, 2025 HB 1286--Non-Insurance Cards Selling Health Care Goods; Unfair Practices.....................................444, 448, 520, 580,
831, 838, 1244 HB 1288--Cobb County State Court Second Division; Additional Judge...............................................357, 359, 430, 433 HB 1290--Utility Facility Protection Act; Blasting and Excavating........................................................424, 427, 924, 968,
1224, 1226, 1333 HB 1291--Hotel-Motel Excise Tax Levy; Expenditure Requirements ..............................................982, 984, 1335, 1338,
1514, 1763, 2028 HB 1294--Search Warrant Applications by Video Conference............................................................. 771, 774, 1249, 1303 HB 1296--County Tax Assessors; Qualifications; Civil Service Positions..............................................1182, 1335, 1338,
1764, 2040, 2605 HB 1297--Columbus-Muscogee County Tax and Service Districts ..........................................................253, 263, 318, 321

2642

JOURNAL OF THE SENATE

HB 1298--Floyd County Board of Commissioners Vacancies ...................................................................253, 263, 291, 293 HB 1300--Evidence; Privileged Medical Information; Raw Research Data....................................424, 428, 1301, 1303,
1353, 1443, 2046 HB 1303--Special County 1% Sales Tax for Transportation Facilities ...............................................770, 774, 1157, 1218,
1512, 1708 HB 1305--Catoosa County; Ad Valorem School Tax; Homestead Exemption............................1907, 1908, 2580, 2582 HB 1306--HOPE Scholarships; Eligible Alabama High School Students .............................................824, 827, 965, 988,
1260, 1281, 1491, 2142 HB 1308--School Athletic Programs; Equity in Sports Act.............................................................1080, 1082, 1300, 1303,
1354, 1445 HB 1309--Catoosa County; Ad Valorem Taxes; Homestead Exemption.......................................1907, 1908, 2580, 2582 HB 1310--Intangible Recording Tax Collections and Distributions ...................................................982, 984, 1335, 1338,
1764, 2043, 2357 HB 1311--Emergency Management Search and Rescue Dog Teams; Registry ...................................824, 827, 966, 988,
1763, 2026 HB 1312--Fulton County State Court; Clerk and Marshal; Fees ...................................................1148, 1153, 1337, 1348,
1351, 1488, 1512, 1763, 2020
HB 1314--State Merit Personnel Management........................................................................................489, 493, 1157, 1218, 1261, 1289
HB 1320--Savannah River Basin; Fishing with Bow and Arrows ...........................................................442, 448, 580, 778, 1353, 1414
HB 1321--Local Government Budgets, Audits; Uniform Chart of Accounts ........................................514, 518, 924, 968, 1261, 1282
HB 1322--Designate Official Gardens and Nature Centers of Georgia....................................................490, 493, 965, 988, 1308, 1326, 1745
HB 1323--Athlete Agents; Contract Solicitations; Intercollegiate Eligibility.......................................443, 448, 966, 988, 1308, 1325
HB 1326--Magistrate Courts; Civil Actions; Landlord and Tenant.......................................................................... 771, 774 HB 1331--Lenox, City of; New Charter.................................................................................................... 313, 317, 1217, 1221 HB 1335--Cancer Research Program Fund; Income Tax Contributions .......................................1210, 1212, 1301, 1303,
1512, 1527 HB 1339--Alcoholic Beverage Sales on Election Days.........................................................................490, 493, 1086, 1159,
1513, 1737 HB 1340--Catoosa County; Public Works Authority; Compensation................................................. 916, 921, 1337, 1344 HB 1344--Stapleton, City of; New Charter.............................................................................................. 313, 317, 1158, 1161 HB 1346--Judgments; Civil Litigation Improvement Act of 2000......................................................822, 828, 1086, 1159,
1260, 1261 HB 1347--Miller County Board of Education Election Districts; Reapportion.......................................357, 359, 794, 796 HB 1348--Railway Passenger Service Routes Specified for Development................................................... 917, 921, 1499,
1764, 2031, 2604 HB 1349--Income Tax Overpayments; Interest on Refunds................................................................515, 518, 1157, 1218,
1354, 1458 HB 1350--Carroll County Governing Authority ............................................................................................................ 573, 577 HB 1352--Volunteers in Health Care Specialties Act; Practitioners Licenses .............................1080, 1083, 1248, 1303,
1513, 1720 HB 1354--Property Sold for Taxes; Clouded Titles; Advertisements............................................1080, 1083, 1336, 1338,
1514, 1764, 2043, 2342 HB 1358--State Publications; Documents; Electronic Form to Libraries..............................................822, 828, 965, 988,
1224, 1237 HB 1361--Elections Code; Amend Various Provisions; Paid Political Advertisements................703, 774, 1336, 1338,
1762, 1924, 2146, 2264, 2309, 2311, 2394, 2607 HB 1362--Flint River Drought Protection Act; Irrigation Reduction Auction......................................443, 448, 966, 988,
1260, 1263

INDEX

2643

HB 1363--State Records Management Committee; Additional Member...........................................959, 963, 1335, 1338, 1762, 1884
HB 1364--Motor Vehicles; Certificate of Title; Liens; Security Interest..............................................444, 448, 924, 968, 1261, 1284
HB 1365--Abandoned Newborn Babies; Safe Place for Newborns Act............................................979, 984, 1248, 1303, 1513, 1727, 1896, 2043, 2553
HB 1372--Fulton County State Court; Bail Imposed for Jail Purposes ..................................................424, 428, 925, 968, 1763, 2012, 2602
HB 1373--Water Use Restrictions During Drought Periods ..............................................................1080, 1083, 1302, 1303 HB 1375--Hotel-Motel Excise Tax Levy; Certain Counties & Cities .....................................................465, 468, 924, 968,
1514, 1761, 1765 HB 1376--Environmental Analytical Laboratories; Accreditation .................................................1193, 1196, 1497, 1499,
1763, 2021 HB 1379--State Employees Health Insurance Plan; Include Certain Persons .................................... 489, 493, 987, 1087,
1513, 1763, 1935, 2604 HB 1381--Insurers of Property or Surety Bonds; Coverage; Contracts ........................................1207, 1212, 1337, 1338,
1762, 1899, 2603 HB 1383--Alcoholic Beverages; Sales on Cruise Ships .......................................................................424, 428, 1301, 1303,
1514, 1763, 1932, 2605 HB 1388--Public School Teachers and Employees Indemnification Program...............................1149, 1153, 1301, 1303,
1354, 1476 HB 1389--Deposit Account Fraud; Dishonored Instrument; Loan Sharking.................................... 490, 493, 1300, 1303 HB 1391--Worker's Compensation; National Guard and State Defense Force ...............................515, 518, 1336, 1338,
1763, 2023 HB 1392--State Brady Law; Background Checks; Eliminate an Exemption...............................1199, 1200, 1302, 1303,
1763, 2024, 2602 HB 1395--Fort Valley, City of; Corporate Limits; Annex Certain Land................................................423, 428, 520, 523 HB 1396--Georgia Veterans Cemetery; Interment Eligibility ..................................................................771, 775, 967, 988,
1763, 1927 HB 1397--Criminal Extradition Orders; Inmates Who Escaped Confinement.............................1195, 1196, 1336, 1338,
1514 HB 1399--Cobb County; Office of Tax Commissioner; Personnel Salaries ..........................................406, 411, 452, 454 HB 1400--Worker's Compensation; Injured Employees ....................................................................... 981, 984, 1336, 1338 HB 1403--Homeowner Tax Relief Funds; Allotment ...........................................................................489, 494, 1247, 1303,
1512, 1528, 2046 HB 1404--Counties, Cities; Water, Wastewater Treatment; Privatization Contracts..........................771, 775, 966, 988,
1352, 1360 HB 1405--Juveniles; Prosecution for Aggravated Battery ...................................................................703, 775, 1336, 1338,
1762, 1885, 2601 HB 1406--Social Services; DFACs Administrators; Removal for Cause.....................................1150, 1153, 1248, 1303,
1353, 1417 HB 1407--Cobb County State Court Solicitors; Compensation................................................................423, 428, 471, 474 HB 1409--Wildlife Management; Permits to Trap or Kill.........................................................................515, 518, 966, 988,
1224, 1238, 1296 HB 1410--Laurens County Magistrate Court; Magistrate's Term.............................................................423, 428, 471, 474 HB 1411--Teaching Hospitals; Administration; Physician Workforce Board .................................574, 577, 1086, 1159,
1513, 1730 HB 1412--Correctional Institutions; Release of Inmates; Certain Notification...........................1080, 1083, 1496, 1499,
1762, 1889, 2601 HB 1413--State Community Development Program; Grants, Loans .............................................1150, 1153, 1337, 1338,
1761, 1768 HB 1414--Probation; Privatized Service Contracts; Termination...................................................1208, 1212, 1335, 1338 HB 1415--DeKalb County; Ad Valorem School Tax; Homestead Exemption................................443, 449, 1157, 1218,
1308, 1325

2644

JOURNAL OF THE SENATE

HB 1416--Ad Valorem Tax Exemption; Certain Farm Equipment .........................................................489, 494, 965, 988,

1353, 1379

HB 1417--Ad Valorem Tax Exemption; Vehicles of Purple Heart Recipients ................................917, 922, 1086, 1159,

1354, 1469

HB 1419--Housing Authorities; Subsidiary Business Corporations ..............................................1193, 1196, 1301, 1303,

1512, 1526

HB 1420--Cobb County State Court; Clerk, Chief Deputy; Compensation............................................423, 429, 471, 474

HB 1421--South Fulton Municipal Regional Water and Sewer Authority.....................................1243, 1246, 2048, 2056,

2059, 2071, 2605

HB 1422--Child Abuse Complaints; Deaths; Office of Child Advocate......................................1079, 1083, 1248, 1303,

1354, 1459, 2047

HB 1423--Air Pollution Control Regulations; Motor Vehicle Emissions..........................................790, 792, 1248, 1303,

1513, 1762, 1793, 1818,

2267, 2577

HB 1425--Judicial Circuits; Six Additional Superior Court Judges ...................................................982, 984, 1248, 1303,

1353, 1361, 2604

HB 1426--Water Quality and Aquatic Habitat; Control of Soil Erosion ...........................................917, 922, 1497, 1499,

1761, 1791, 2602

HB 1428--Probate Courts; Rules Governing Usage of Standard Forms ........................................1209, 1212, 1498, 1499,

1762, 1819, 2464, 2578

HB 1429--Smyrna Revitalization Authority ............................................................................................. 442, 449, 1337, 1340

HB 1430--City and County Service Delivery Strategies; Dispute Resolution..................................770, 775, 1218, 1249,

1353, 1437, 2046

HB 1435--Oconee County Magistrate Court; Chief Magistrate Appointment .......................................442, 449, 794, 795

HB 1439--Annexation, De-annexation; Comprehensive Regulation; Maps, Surveys,

823, 828, 1218, 1249,

Reports.................................................................................................................................. .................1308, 1327

HB 1441--Create Department of Motor Vehicle Safety; Transfer Functions..............................1147, 1153, 1337, 1338,

1514, 1764, 2043, 2171,

2263, 2340, 2357, 2465,

2551, 2607

HB 1442--Stockbridge, City of; Governing Authority; Terms of Office........................................... 442, 449, 1217, 1222

HB 1443--Locust Grove, City of; Mayor and Council Terms of Office............................................. 442, 449, 1217, 1222

HB 1444--Locust Grove, City of; City Manager and Administrator......................................................................... 442, 450

HB 1445--Henry County Water and Sewerage Authority Powers ........................................................ 443, 450, 1218, 1223

HB 1446--Hampton, City of; Governing Authority Terms of Office.................................................. 443, 450, 1218, 1223

HB 1447--Pharmacists; Scope of Practice; Drug Therapy Management..........................................514, 518, 1248, 1303,

1354, 1455, 2046

HB 1448--Front-Line Health Care Workers; Exposure to Blood Pathogens ....................................917, 922, 1248, 1302,

1512, 1526

HB 1450--Counties, Cities; Multiyear Lease Purchase Contracts ..................................................1149, 1154, 1301, 1302,

1353, 1441, 2046

HB 1451--Effingham County Family Connection; Meetings; Quorum............................................. 463, 469, 1249, 1252

HB 1452--Income Tax Credits; Depository Financial Institutions..........................................................770, 776, 965, 988,

1261, 1283

HB 1455--Income Tax Credits; Cigarettes Manufactured for Foreign Export..............................1211, 1213, 1335, 1338,

1512, 1519

HB 1456--Chatham County Board of Elections; Chairperson Appointment.............................................. 463, 469, 1337,

1341, 1349, 1351, 2603

HB 1457--Public Retirement; Include New Agency; Repeal Tax Exemption.............................1209, 1213, 1301, 1302,

1763, 2027

HB 1458--Driver's License; Violations; Suspension or Revocation Provisions.........................574, 578, 966, 988, 1224

HB 1460--Statesboro; City Officers, Personnel, Municipal Court Judge........................................... 463, 469, 1249, 1252

HB 1464--Losses to Structures on State Owned or Controlled Property........................................1081, 1083, 1497, 1499,

1762, 1865, 2601

HB 1465--Deer Hunting Season and Bag Limits ....................................................................................917, 922, 1248, 1302,

1353, 1437

1512,

INDEX

2645

HB 1468--Charlton-Folkston-Homeland Airport Authority; Name Change...................................... 463, 469, 1217, 1221 HB 1469--Charlton County; Ad Valorem Taxes; Homestead Exemption........................................464, 469, 1247, 1302,
1762, 1906 HB 1470--Mental Health Regional Boards; Appear Before Legislative Committees ..................1208, 1213, 1334, 1338 HB 1471--Dougherty County Board of Commissioners; Charitable Donation ................................. 463, 470, 1337, 1341 HB 1472--Long County Magistrate Court; Probate Judge Services .................................................... 463, 470, 1249, 1253 HB 1473--Jackson County Probate Court Judge; Nonpartisan Elections................................................................. 464, 470 HB 1474--McDuffie County Board of Commissioners; Chairperson................................................464, 470, 1498, 1504,
1508, 1509, 1745 HB 1476--Centerville, City of; Corporate Limits ..................................................................................464, 470, 1498, 1501,
1505, 1509 HB 1477--Senoia, City of; New Charter................................................................................................... 464, 470, 1337, 1341 HB 1485--Cobb County; Sheriff's Employees; Compensation ........................................................... 489, 494, 1337, 1341 HB 1486--Sheriffs; Services Performed for Municipal Courts; Fees......................................................575, 578, 966, 988 HB 1487--Homeowner Tax Relief Funds; Calculation After Millage Rollback.................................................1207, 1213 HB 1492--Telephone Solicitors; Concealing or Misrepresenting Identity...........................................................1150, 1154 HB 1497--Cobb County Board of Commissioners; Compensation..................................................... 489, 494, 1337, 1342 HB 1500--High School Interscholastic Competitions; Equitable Recruiting........................................................... 574, 578 HB 1501--Pooler, City of; Ad Valorem Taxes; Homestead Exemption............................................ 981, 985, 1249, 1253 HB 1502--Tybee Island, City of; Ad Valorem Taxes; Homestead Exemption................................. 981, 985, 1249, 1253 HB 1505--Bloomingdale, City of; Ad Valorem Taxes; Homestead Exemption............................... 981, 985, 1249, 1254 HB 1506--Port Wentworth, City of; Ad Valorem Taxes; Homestead Exemption ............................ 981, 985, 1249, 1253 HB 1508--Office of Treasury & Fiscal Services; Investment Powers................................................982, 986, 1218, 1249,
1354, 1463 HB 1509--Business Expansion; Jobs Tax Credits; New Hire Requirements........................................772, 776, 780, 965,
988, 1261, 1285 HB 1510--Sales Tax; Exempt Manufacturing Equipment; Business Computers.................................772, 776, 780, 965,
988, 1261, 1287 HB 1511--Roswell, City of; New Charter; Extend Corporate Limits .................................................. 769, 776, 988, 1255 HB 1522--Firearms Violations; Convicted Felon, First Offender Probationer....................................................1210, 1213 HB 1527--Cobb Judicial Circuit; Superior Court Judges; Salary Supplement ...........................................573, 578, 1217,
1222, 1223, 1296 HB 1531--Income Tax Credit; Disaster Assistance From GEMA or FEMA....................................917, 922, 1301, 1303,
1354, 1465 HB 1532--Income Tax Credit; Driver Education for Minor Dependent Child .................................917, 923, 1301, 1303,
1354, 1465 HB 1534--Law Enforcement Officers; Uniforms; Blue Lights on Vehicles ................................1080, 1084, 1302, 1303,
1514 HB 1538--Health Insurance Coverage; Child's Craniofacial Deformities ............................................................1195, 1197 HB 1539--Atlanta Community Improvement Districts .......................................................................1148, 1154, 1302, 1305 HB 1540--Alimony and Divorce Awards; Interest on Late Payments ............................................1080, 1084, 1249, 1303 HB 1541--Fulton County; Certain Judges; Repeal Act Fixing Salaries ........................................1210, 1214, 1497, 1499,
1762, 1870 HB 1542--Columbus-Muscogee County Government; Ordinance Violations .................................. 514, 519, 1249, 1254 HB 1546--Fulton County; Certain Courts and Judges; Compensation..........................................1148, 1154, 1337, 1348 HB 1550--Atlanta, City of; Ad Valorem Taxes; Homestead Exemption...............................................................1149, 1154 HB 1553--Public Road Funds; Allocation Between Congressional Districts ...........................................1080, 1084, 1499,
1762, 1871, 2604 HB 1555--Burke County; Board of Education; Vacancies ........................................................................................... 573, 578 HB 1557--Berrien County; Tax Commissioner; Compensation ........................................................... 573, 578, 1249, 1252 HB 1559--Colquitt County Board of Commissioners Discretionary Purchases................................. 769, 777, 1337, 1342 HB 1562--Lake Sidney Lanier Watershed Governance Council Act ..............................................1181, 1183, 1302, 1303,
1355, 1480, 1761, 1770 HB 1563--Muscogee County; Board of Education; Contracts; Emergencies ..................................... 769, 777, 1249, 1254 HB 1564--Spalding County; State Court; Election of Full-time Judge............................................... 769, 777, 1337, 1342

2646

JOURNAL OF THE SENATE

HB 1565--Putnam County; Ad Valorem Taxes; Homestead Exemption............................................770, 777, 1247, 1303, 1354, 1453
HB 1567--Putnam County; Ad Valorem Taxes; Homestead Exemption............................................770, 777, 1247, 1303, 1354, 1454
HB 1568--Candler County Board of Commissioners; Change Provisions.................................................... 769, 778, 1218, 1344, 1350
HB 1570--Fort Oglethorpe, City of; Ad Valorem Tax Homestead Exemption .................................. 916, 923, 1498, 1501 HB 1572--Cobb County; State Court Second Division; Additional Judge.......................................... 770, 778, 1337, 1342 HB 1574--Courts; Senior Judges, Retired Judges, Judges Emeritus; Salaries ...............................1151, 1155, 1301, 1303,
1353, 1369 HB 1575--Effingham County; State Court Judge and Solicitor; Salaries ............................................ 790, 792, 1302, 1305 HB 1576--Electronic Surveillance or Interception of Communications .........................................1151, 1155, 1336, 1338,
1512, 1708, 1791, 2103 HB 1577--Tax Policy, Laws; Research Projects; Authorized Access...........................................1150, 1155, 1335, 1338,
1761, 1770 HB 1580--Reidsville, City of; Mayor and Council; Election by Plurality Vote ................................. 790, 793, 1302, 1306 HB 1582--Sales Tax Exemption; Diesel Fuel for Commercial Fishing Boats...................................959, 963, 1247, 1303,
1354, 1462 HB 1583--Sales Tax Exemption; Diabetic Supplies and Equipment...................................................959, 963, 1247, 1303,
1354, 1449 HB 1585--Kennesaw, City of; Change Corporate Limits...................................................................... 958, 964, 2048, 2054 HB 1586--Insurance; Insurable Interest; Health, Benefit Payments ......................................................................1180, 1183 HB 1591--HOPE Scholarships; Eligibility; Private School Accreditation ......................................1195, 1197, 1336, 1338 HB 1594--Annuities; Nonforfeiture Provisions; Cash Surrender Benefits .....................................1199, 1200, 1300, 1303,
1355, 1481 HB 1600--Chattooga County; Board of Elections and Registration..................................................... 822, 828, 1337, 1343 HB 1601--Liens Filed Against Government Employees; Performance of Duty............................1105, 1155, 1336, 1337,
1762, 1887 HB 1608--Rocky Ford, City of; New Charter........................................................................................... 916, 923, 1337, 1343 HB 1609--Cemetery and Funeral Services Act of 2000............................................................................................1072, 1084 HB 1612--Twiggs County; Coroner and Deputy Coroner; Annual Salary ........................................916, 923, 1249, 1255,
1256, 1745 HB 1614--Cobb County; Superior Court Deputy Clerk; Compensation ............................................. 958, 964, 1337, 1343 HB 1615--MARTA Board; Add GRETA Director; Rate of Sales Tax...........................................1149, 1155, 1335, 1337,
1512, 1515 HB 1619--PROMISE Teacher's Scholarship Eligibility Requirements ..........................................1208, 1214, 1336, 1338,
1512, 1529, 1819, 1886, 2170, 2304
HB 1620--Bulloch County; State Court; Judge and Solicitor Compensation..................................... 980, 986, 1337, 1343 HB 1621--Bulloch County; Board of Commissioners; Terms; Compensation..................................980, 986, 1249, 1254,
1255, 1745 HB 1622--Pike County Water and Sewerage Authority......................................................................... 980, 986, 1337, 1344 HB 1624--Cobb County; Probate Court; Judge and Clerk Compensation .......................................... 980, 986, 1336, 1344 HB 1625--Valdosta, City of; New Charter................................................................................................ 980, 987, 1336, 1345 HB 1627--Richmond County; Board of Education; Nonpartisan Election.......................................... 981, 987, 2048, 2054 HB 1628--Richmond County; School Building Construction Contracts ............................................. 981, 987, 2048, 2056 HB 1629--Seed-Capital Funds; Advanced Technology Development Center..............................1199, 1200, 1220, 1336,
1338, 1513, 1741 HB 1630--Ethics Laws; Campaign Donation Limits Disclosure; Electronic Filing .....................1150, 1156, 1162, 1247,
1303, 1353, 1385 HB 1631--Butts County; Board of Education; Compensation...........................................................1078, 1084, 1218, 1222 HB 1632--Americus-Sumter County Airport Authority.....................................................................1078, 1084, 1336, 1345 HB 1633--Americus-Sumter County Parks and Recreation Authority ............................................1078, 1085, 1336, 1345 HB 1636--Marietta Revitalization Authority........................................................................................1078, 1085, 1336, 1345 HB 1638--Rome, City of; Ad Valorem School Taxes; Homestead Exemption..............................1078, 1085, 1337, 1346 HB 1639--Floyd County; Ad Valorem School Taxes; Homestead Exemption...............................1078, 1085, 1337, 1346

INDEX

2647

HB 1641--Floyd County; Ad Valorem School Taxes; Exempt Senior Citizens.............................1079, 1086, 1337, 1346 HB 1645--Marietta Downtown Development Authority....................................................................1148, 1156, 1337, 1346 HB 1648--Liberty County; Board of Commissioners; Staggered Terms .........................................1148, 1156, 1302, 1306 HB 1651--Ellijay-Gilmer County Water and Sewerage Authority.........................................................................1148, 1156 HB 1652--Richmond County; Civil Court Marshal; Powers, Duties................................................1149, 1156, 2048, 2054 HB 1654--Southwest Georgia Railroad Excursion Authority Law.............................................................1150, 1157, 1499,
1762, 1873, 2604 HB 1658--Morgan County Family Connection Board ........................................................................1215, 1216, 1337, 1347 HB 1660--Doerun, City of; New Charter...............................................................................................1215, 1216, 1337, 1347 HB 1661--Dade County; Ad Valorem School Taxes; Homestead Exemption......................................................1907, 1908 HB 1662--Dade County; Ad Valorem Taxes; Homestead Exemption...................................................................1907, 1908 HB 1665--Vernonburg, City of; Ad Valorem taxes; Homestead Exemption..................................1292, 1297, 1498, 1502 HB 1666--Pierce County; Ad Valorem Taxes; Homestead Exemption ...........................................1292, 1297, 1498, 1501 HB 1670--Pierce County; Ad Valorem School Taxes; Homestead Exemption..............................1292, 1297, 1498, 1502 HB 1671--State Surplus; Revenue Shortfall Reserve Amount .........................................................1210, 1214, 1334, 1338,
1513, 1731 HB 1673--Newton County Industrial Development Authority................................................................................1215, 1217 HB 1675--Vernonburg, City of; Ad Valorem Taxes; Homestead Exemption ................................1292, 1298, 1498, 1502 HB 1683--Suwanee, City of; Corporate Limits; Annex Certain Property .......................................1523, 1746, 2048, 2054 HB 1685--Ila, City of; New Charter.......................................................................................................1330, 1334, 1748, 1752 HB 1686--Mt. Zion, City of; Municipal Court; Jurisdictional Limits ..............................................1243, 1246, 1337, 1347 HB 1687--Douglasville City Council; Operating Budget; Appropriations .....................................1243, 1246, 1337, 1347 HB 1688--Pierce County; Board of Commissioners; Chairperson ...................................................1291, 1298, 1498, 1502 HB 1689--Offerman, City of; Mayor and Council; Election and Terms ..........................................1243, 1246, 1337, 1347 HB 1690--Glynn County; Ad Valorem Taxes; Homestead Exemption ...........................................1243, 1246, 1337, 1348 HB 1691--Glynn County; Ad Valorem School Taxes; Homestead Exemption..............................1243, 1247, 1337, 1348 HB 1695--Union County; Advisory Referendum on Form of Government....................................1411, 1492, 2048, 2051 HB 1696--Hinesville, City of; Corporate Limits; Annexation of Property.....................................1291, 1298, 1498, 1502,
1506, 1509, 1745 HB 1697--Duluth, City of; Corporate Limits........................................................................................1411, 1492, 1748, 1752 HB 1698--Augusta-Richmond County Water Authority..........................................................................................1291, 1298 HB 1699--Remerton, City of; New Charter...........................................................................................1291, 1298, 1498, 1503 HB 1700--Oglethorpe County; Board of Commissioners; Chairperson ..........................................1291, 1298, 1498, 1503 HB 1701--Crawford County; Board of Education; Compensation...................................................1411, 1493, 1748, 1752 HB 1702--Miller County; Board of Education; Reapportion Election Districts.............................1291, 1299, 1498, 1503 HB 1703--Peach County; Board of Education; Compensation .........................................................1411, 1493, 2048, 2051 HB 1705--Floyd County; Ad Valorem Taxes; Homestead Exemption............................................1293, 1299, 1498, 1503 HB 1706--Marietta, City of; Ad Valorem Taxes; Homestead Exemption.............................................................1630, 1746 HB 1707--Perry, City of; Corporate Limits; Annex Certain Territory .............................................1292, 1299, 1498, 1503 HB 1708--Fayette County; Transfer of Juvenile Court Probation Services ....................................1292, 1299, 1498, 1504 HB 1709--Forsyth County; Ad Valorem School Tax; Homestead Exemption...............................1293, 1299, 1498, 1504 HB 1710--Forsyth County; Office of the Sheriff; Civil Service Exemption...................................1292, 1300, 1498, 1504 HB 1711--Acworth, City of; Ad Valorem Taxes; Homestead Exemption ......................................1531, 1746, 2580, 2581 HB 1712--Kennesaw, City of; Ad Valorem Taxes; Homestead Exemption ...................................1531, 1746, 2580, 2581 HB 1713--Smyrna, City of; Ad Valorem Taxes; Homestead Exemption..............................................................1630, 1747 HB 1714--Columbia County; Board of Education; Compensation ..................................................1292, 1300, 1498, 1504 HB 1715--Cedartown, City of; Corporate Limits; Annex Certain Property....................................1330, 1334, 1748, 1752 HB 1716--Decatur, City of; Ad Valorem Taxes; Homestead Exemption........................................1523, 1747, 2048, 2054 HB 1717--Columbia County; Certain Officials; Compensation........................................................1330, 1334, 1748, 1752 HB 1719--Gwinnett Industrial Building Authority; Repeal Amendment ........................................1411, 1493, 2048, 2051 HB 1721--Walker County; Ad Valorem School Taxes; Homestead Exemption..................................................1907, 1908 HB 1722--Walker County; Ad Valorem Taxes; Homestead Exemption ...............................................................1908, 1909 HB 1724--White County Water and Sewerage Authority..................................................................1411, 1493, 2048, 2051 HB 1725--Heart of Georgia Regional Airport Authority; Appointments ........................................1412, 1493, 2048, 2052 HB 1726--Chatham-Savannah Authority for the Homeless..............................................................1412, 1493, 2048, 2052,
2056, 2071, 2603

2648

JOURNAL OF THE SENATE

HB 1728--Rebecca, City of; New Charter.............................................................................................1412, 1493, 2048, 2052 HB 1729--Warwick, City of; New Charter............................................................................................1412, 1494, 2048, 2052 HB 1730--Porterdale, Town of; New Charter.............................................................................................................1412, 1494 HB 1731--Cochran, City of; New Charter.............................................................................................1412, 1494, 1748, 1754 HB 1732--Rockmart, City of; Corporate Limits; Clarify Annexation..............................................1412, 1494, 2048, 2052 HB 1733--Shellman, City of; New Charter...........................................................................................1412, 1495, 1748, 1753 HB 1734--Ludowici, City of; Corporate Limits; Annex Certain Territory......................................1412, 1495, 1748, 1753 HB 1735--Columbia County; Sheriff; Salary Calculation..................................................................1412, 1495, 1748, 1753 HB 1736--Columbia County; Advisory Referendum on Form of Government.............................1413, 1495, 1748, 2055,
2058, 2071, 2605 HB 1737--Baker County; Probate Court Judge Service as Chief Magistrate..................................1413, 1495, 2048, 2053 HB 1738--Judicial Circuits; Superior Court Judges; Salary Supplement.........................................1413, 1496, 2048, 2053 HB 1739--Gray, City of; Public Works Facilities; Property Acquisition ........................................1413, 1496, 1748, 1753 HB 1740--Jasper County; Board of Education; Compensation.........................................................1413, 1496, 1748, 1753 HB 1741--Atlanta, City of; Ad Valorem Taxes; Homestead Exemption.........................................1413, 1496, 2048, 2053 HB 1744--Dodge County; Board of Education; Compensation........................................................1523, 1747, 2048, 2055 HB 1745--Lincoln County; Probate Court Judge; Serve as Chief Magistrate.................................1518, 1747, 2048, 2055 HB 1746--Dalton, City of; Ad Valorem Taxes; Homestead Exemption..........................................1518, 1747, 2580, 2581 HB 1747--Cohutta, City of; Corporate Limits; Annexation...............................................................1518, 1748, 2048, 2055 HB 1748--Dalton, City of; Ad Valorem School Taxes; Homestead Exemption ............................1518, 1748, 2580, 2582 HB 1752--Telfair County; Board of Commissioners; Compensation ..............................................1722, 1748, 2048, 2055 HB 1754--Banks County; Ad Valorem Taxes; Homestead Exemption ......................................................1751, 2580, 2582

INDEX

2649

HOUSE RESOLUTIONS

HR

13--Georgia DUI Study Commission................................................................................................................... 407, 411

HR

82--Joint Highway Study Committee ........................................................................................................................22, 40

HR

96--State Commission on Drug Addiction ......................................................................................................22, 41, 924

HR 121--Regional Development Center Boundaries; Ratify Alterations....................................................................22, 41

HR 154--Joint Manufactured Housing Study Committee................................................................................................22, 41

HR 215--Joint West Georgia River Protection Study Committee..................................................................................22, 41

HR 268--State Court Judges; Eligibility; Law Practice Requirements; Amend

22, 41, 188, 207,

Constitution ..............................................................................................................................................230, 244

HR 330--Joint Study Committee on Art Policies for Capitol and Governor's Mansion .......................22, 41, 966, 1355,

1481, 2047

HR 417--Generic Drugs; Labeling Brand Name on Prescription Container.............................No Senate action in 2000

HR 436--John A. Trask Highway; Designate..................................................................................790, 793, 967, 989, 1307

HR 477--Walton County; 1946 Murders of Black Sharecroppers; Urge Investigation.........No Senate action in 2000

HR 621--Toombs Taylor Morgan Memorial Bridge; Designate............................................................288, 290, 521, 580,

929, 956

HR 743--Notify Senate; House of Representatives has Convened........................................................................................3

HR 744--Joint Session; Governor's Message; Invite Justices and Judges ................................................................3, 6, 46

HR 745--Joint Session; Governor's Message; Invite Justices and Judges ................................................................4, 6, 68

HR 746--Joint Session; Message From Chief Justice of Supreme Court....................................................................4, 6, 98

HR 754--Pierce Jackson Ferguson Memorial Highway; Designate ......................................................288, 290, 521, 580,

929, 956

HR 756--Tom Triplett Parkway; Designate..........................................................................................183, 186, 1337, 1338,

1755, 1757, 2605

HR 757--Century of Women in the U.S.; Recognize 20th Century .....................................................105, 107, 152, 170,

193, 207, 220

HR 792--John F. Lawler Memorial Bridge; Designate............................................................................165, 169, 430, 452,

476, 482

HR 816--Gray's Reef and Fishery off Sapelo Island; Public Access ....................................................222, 224, 331, 360,

434, 437

HR 840--Larry McClure Scenic Highway; Designate...................................................................444, 450, 967, 989, 1307

HR 841--Adjournment; Relative to ............................................................................................................................... 132, 163

HR 847--Wilson, Ellen Louise Axson; Place Portrait in Capitol......................................................575, 579, 1217, 1249,

1755, 1756, 2605

HR 849--Veterans Memorial Highway; Travis Tritt Highway; Fred Bentley Bridge;

288, 290, 521, 580,

Designate.........................................................................................................................................1224, 1236, 1296

HR 850--Joint Long-Term Care Industry Study Committee...........................................................1181, 1183, 1498, 1499,

1762, 1882, 2605

HR 851--Childhood Care and Education Goals; Urge Compliance .................................................425, 429, 1301, 1303,

1764, 2036

HR 874--Free, Shirley; Compensate..................................................................................................1194, 1197, 1334, 1338,

1509

HR 875--Little, Elmer Clyde II; Compensate ...................................................................................1200, 1334, 1338, 1509

HR 878--Property Conveyance; Hall County.......................................................................................444, 450, 1157, 1218,

1513, 1720

HR 881--Brett C. Dickey Bridge; Designate...................................................................................444, 450, 967, 989, 1307

HR 882--B. Edward Tankersley Memorial Bridge; Designate.....................................................444, 451, 967, 989, 1307

HR 884--Robert C. Jones Memorial Highway; Designate............................................................425, 429, 967, 988, 1307

HR 888--Home Depot; Commend for Environmental Leadership .......................................................................... 165, 171

HR 893--Joint Session; Message from Governor; Invite Supreme Court Justices and

Appellate Judges............................................................................................................................................... 172, 209

HR 897--Paul Warwick, Jr., Memorial Highway; Designate .......................................................444, 451, 967, 988, 1307

HR 927--Paul Heard Highway; Designate.................................................................................................465, 471, 967, 988,

1224, 1237

2650

JOURNAL OF THE SENATE

HR 928--Marguerite Neel Williams Memorial Highway; Designate..........................................444, 451, 967, 988, 1307

HR 935--Military Retirees; Lifetime Health Care; Memorialize Congress......................................................1208, 1214

HR 939--Adjournment; Relative to ............................................................................................................................... 253, 257

HR 956--Property Conveyances; Chatham County; Fulton County ...............................................490, 494, 1247, 1303,

1764, 2033, 2605

HR 957--Adjournment; Relative to ............................................................................................................................... 286, 356

HR 964--Governor's Council on Developmental Disabilities Day at Capitol......................................................... 288, 293

HR 971--Indemnification of Public School Personnel; Special License Plates Honoring 1151, 1157, 1301, 1303,

Educators; Amend Constitution........................................................................................................1354, 1477

HR 973--Sales Taxes; Nonexempt Sellers; Urge Fairness...................................................................................1199, 1220

HR 976--Sanford, Robert; Compensate.............................................................................................1081, 1086, 1334, 1338,

1509

HR 1008--Howard T. Overby National Guard Armory; Designate....................................................772, 778, 1249, 1303,

1355, 1479, 2603

HR 1011--Joint Study Committee on Historic Local Government Records ..................................1182, 1183, 1300, 1303,

1764, 2043, 2315, 2605

HR 1016--Claude Roscoe Nash Memorial Bridge; Designate .......................................................790, 793, 967, 989, 1307

HR 1029--Vietnam War 25th Observance of Ending; Recognize............................................................357, 411, 521, 580,

831, 842

HR 1045--Ralph Morgan Parkway; Designate..................................................................................791, 793, 967, 989, 1307

HR 1046--Prater's Mill Parkway; Designate......................................................................................791, 793, 967, 989, 1307

HR 1050--McCoppin, Anthony S., Jr.; Compensate.........................................................................1193, 1197, 1334, 1338,

1509

HR 1051--Joint Study Committee on Urban Road Building Guidelines ........................................1181, 1183, 1337, 1338,

1513, 1737, 2047

HR 1053--Johnson, Calvin C., Jr.; Compensate.................................................................................1208, 1214, 1334, 1338,

1510, 1819, 1863,

2146, 2340, 2573, 2609

HR 1059--James T. Williams Intersection; Designate.....................................................................791, 793, 967, 989, 1307

HR 1079--Commission on Psychiatric Medication of School-Age Children.................................1181, 1183, 1301, 1303,

1763, 2013, 2603

HR 1081--Property Conveyances; Emanuel, Floyd, and Gordon Counties .....................................824, 829, 1157, 1218,

1513, 1761, 1766, 2603

HR 1149--Steven L. Parks Interchange; Designate...........................................................................1180, 1183, 1337, 1338,

1755

HR 1150--Fred Moody Highway; Designate......................................................................................1181, 1184, 1337, 1338,

1755

HR 1151--Paul Byrd Highway; Designate..........................................................................................1182, 1184, 1337, 1338,

1755

HR 1169--Adjournment; Relative to ..............................................................................................................839, 914, 957, 979

HR 1188--Billy Browning Highway; Fluis and Frances Lairsey Intersection; Designate.........1181, 1184, 1337, 1338,

1755, 1757, 1759, 2170,

2393, 2557, 2583, 2597,

2609

HR 1207--J. W. Orr Memorial Highway; Designate.........................................................................1181, 1184, 1337, 1338,

1755

HR 1208--Committee for Celebration of 250 Years of Representative Government in

1181, 1184, 1498, 1499,

Georgia....................................................................................................................................................1762, 1890

HR 1211--Primus King Highway; Designate .....................................................................................1181, 1184, 1337, 1338,

1755

HR 1231--James E. Williams Bridge; Corporal Howell Dees Bridge; Cynthia McKinney 1180, 1184, 1337, 1338,

Parkway; Designate........................................................................................................... ...1755, 1757, 2575, 2579

HR 1264--Gilbert, Gerald S. "Jerry"; Commend.......................................................................................................1195, 1220

HR 1351--State Auditor; Nomination and Election............................................................................1519, 1749, 1760, 2357

HR 1360--Rockdale 2000 Literacy Task Force; Commend....................................................................................1745, 1751

HR 1427--Adjournment; Relative to ................................................................................................................1791, 1899, 2043

INDEX

2651

PART III ALPHABETIC INDEX -- 2000 SESSION
A ABORTION Informed Consent Law; Woman's Right to Know Act; waiting period.......................................................SB 125
Legal Defense of 1997 SB 357 Which Banned Partial Birth Abortions......................................................SR 188
ACCUCOMM NETWORKS INC.; property conveyance; easement; Baldwin County........................SR 504
ACUPUNCTURE Acupuncture Practice Act; license to practice.................................................................................................HB 814 Auricular Acupuncture; certification; drug abuse detoxification....................................................................SB 86
ACWORTH, CITY OF; Ad Valorem Taxes; homestead exemption........................................................HB 1711
AD VALOREM TAXATION (Also See Revenue and Taxation and Homestead Exemption) Boat and Motor Title and Ad Valorem Taxation Study Committee.............................................................SR 569 Conservation Use Property; qualification; ownership; family farm entities............................................HB 1217 County School Tax Collections; distribution of moneys; schedule.............................................................HB 518 Enterprise Zone Tax Exemption, Credit, Reduction from School Taxes.....................................................SR 249 Exemption; farm equipment used in production of products by family owned farms............................HB 1416 Exemption; fraternal benefit associations; additional properties..................................................................SB 233 Exemption; property of Elks/BPOE Lodges; state-wide referendum........................................................HB 1247 Exemption; vehicles owned or leased by veterans awarded Purple Heart................................................HB 1417 Hall County; study proposals to freeze property tax assessments................................................................SR 659 Homestead Exemption; disabled veterans or survivors; maximum amount..............................................HB 684 Homestead Exemption; surviving spouse of a member of U.S. Armed Forces; referendum. .................HB 446 Homestead Exemption; allotment of state homeowner tax relief funds to counties, school districts..HB 1403 Homestead Exemption; allotment of state homeowner tax relief grants; increase. ................................HB 1487 Homestead Option Sales Tax; proceeds; funding purposes; capital outlay projects, equalize tax
Millage differential ............................................................................................. SB 306 Homestead Option Tax (HOST); proceeds; distribution, expenditures.......................................................SB 213 Homestead Tax Deferrals for the Elderly; applications..................................................................................SB 436 Manufactured Homes; uniform taxation; joint committee to study.............................................................HR 154 Marine Vessels; evaluation method; vessels held by marine dealers ...........................................................SB 471 Marine Vessels; separate property classification; rates, methods, assessment; amend Constitution......SR 580 Mobile Homes; tax returns, permits, decals; dealer inventory.....................................................................HB 623 Motor Vehicles; taxable value evaluation; retail-wholesale averaging.....................................................HB 1224 Motor Vehicles; taxable value; fair market and wholesale value..................................................................SB 312 Motor Vehicles; temporarily domiciled members of U.S. Armed Forces..................................................HB 441 Municipal Taxes; homestead tax deferral for the elderly.............................................................................HB 1178 Municipalities Located More Than One County; assessments; uniformity adjustments; appeals..........SB 309 Preferential Assessments; Historic Properties; Specimen Trees................................................................HB 1118 Property Taxes; filing returns; oaths; false swearing; electronic signatures............................................HB 1265 Residential Property; freeze appraisal value until sold...................................................................................SR 110 Setting of Millage Rates; digest review compliance. .....................................................................................HB 939 State Ad Valorem Taxes; eliminate levy on tangible property......................................................................SR 158 State Taxes; Land, Water, Wildlife, and Recreation Heritage Fund................................................................. SB 4 Tax Assessors; appraisal staff; performance review; civil service positions...........................................HB 1296 Tax Assessors; county board members; removal for cause; vacancies.....................................................HB 1224 Tax Assessors; county boards; grounds for removal; performance review boards.................................HB 1296 Tax Digest Compilation; valuation of motor vehicles, mobile homes........................................................HB 167 Tax Digests; assessments under appeal; arbitration approval process.........................................................SB 340 Tax Digests; revise property assessment value measurements.....................................................................HB 523

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2652

JOURNAL OF THE SENATE

AD VALOREM TAXATION (Continued) Tax Executions; disputed Ad Valorem Tax Obligations; verification.........................................................SB 352 Taxpayer Returns; documentary evidence; properly registered name..........................................................SB 189
ADJOURNMENT General Assembly; budget recess week.............................................................................................................SR 387 General Assembly; January 28 and January 31...............................................................................................HR 841 General Assembly; February 4 to February 7..................................................................................................HR 939 General Assembly; February 10 to February 14.............................................................................................HR 957 General Assembly; February 18 to February 21..............................................................................................SR 562 General Assembly; March 1 to March 3.........................................................................................................HR 1169 General Assembly; March 9 to March 13..........................................................................................................SR 680 General Assembly; March 16 to March 20. ......................................................................................................SR 777 General Assembly; March 20; reconvene March 22 and sine die..............................................................HR 1427
ADMINISTRATIVE OFFICE OF THE COURTS; Civil and Criminal Case Filings; format and content; facilitate electronic data transmission.............................................................................................SB 176
ADMINISTRATIVE PROCEDURE ACT Licensing Proceedings; delivery of official notices.........................................................................................SB 436 State Agencies; rules, regulations; time limits for giving notices.................................................................SB 439 State Personnel Board; duties; changes to health insurance plans...............................................................HB 668
ADMINISTRATIVE SERVICES DEPARTMENT Duties; space management; inventory report to legislature. ........................................................................HB 630
ADOPTION Homes for Children in Custody of Department of Human Resources; selection process; conviction
Data relevant adult persons .................................................................................... SB 102 Services; additional funding; sales of special license plates..........................................................................SB 253
ADVERTISING (Also See News Media and Legal Advertisements) Discounts on Purchases of Health Care Goods or Services; deceptive practices....................................HB 1286 Natural Resources Department Activities; program funds.............................................................................SB 393 Political Advertisements; identity of person purchasing.............................................................................HB 1361 Publishing DUI Conviction Notices and Photographs of Offenders .........................................SB 149 Unlicensed Conditioned Air Contractors; prohibited advertising................................................................HB 816
A.E. BEACH HIGH SCHOOL LADY BULLDOGS ; commend...............................................................SR 745
AFRICAN-AMERICAN BUSINESS ENTERPRISE DAY; proclaiming...............................................SR 487
AGED (See Elderly)
AGENCY RELATIONSHIPS; Agents Given Durable Power of Attorney; authority............................HB 416
AGRICULTURE Ad Valorem; exemption; farm equipment used in production of products by family owned farms....HB 1416 Animal Agriculture and Contribution to State Economy; commend............................................................SR 761 Animal Matter Processing Plants; reduce odorous gases, vipers.................................................................HB 650 Animal Protection Act; offenses of animal cruelty; unlawful obstruction of animal control officers....SB 297 Cooperative Marketing Associations; boards of directors; powers...........................................................HB 1141 Cotton Producers Indemnity Fund; claims; dealers; bonds............................................................................SB 331 Cotton Producers Indemnity Fund; claims for additional losses................................................................HB 1277 Crop Damage; wildlife, feral hogs; permits to trap, transport, or kill......................................................HB 1409 Dairy Act; Grade A Pasteurized Milk Ordinance .........................................................................................HB 1132

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INDEX

2653

AGRICULTURE (Continued) Dairy Act; violations; monetary penalty in lieu other action......................................................................HB 1140 Dairy Products; temporary use of branded cans, bottles, receptacles.......................................................HB 1139 Dealers in Agricultural Products; surety bonds...............................................................................................SB 331 Environmental Protection Division Agricultural Advisory Committee....................................................HB 1182 Farm Crop Irrigation; electricity used; exempt sales tax. ................................................................................ HB 82 Farmers and Consumers Market Bulletin; advertisements, notices; fees ....................................................SB 525 Farmers' Mutual Fire Insurance Companies; maximum risk amounts...........................................................SB 37 Farming Practices; Assessment of Hypoxia in Gulf of Mexico; urge no federal mandates.....................SR 467 Food Sales, Food Service Establishments; inspections; enforcement..........................................................SB 375 Leaf Tobacco Sales; contracts between tobacco companies and growers................................................HB 1245 Livestock; disease control services; imposition of fees..................................................................................SB 330 Notices by Certified Mail or Statutory Overnight Delivery...........................................................................SB 436 Organic Food, Feed; Georgia Organic Certification and Labeling Act .......................................................SB 477 Peanut Growers; urge federal funds to offset peanut program losses..........................................................SR 478 Peanut Producers Association of Georgia; recognize......................................................................................SR 531 Petroleum Industry; increased fuel prices; threat to farmers..........................................................................SR 644 Poultry Structures; purchases of petroleum gas fuel; sales tax exemption...............................................HB 1236 Soil and Water Conservation Districts; restrict liability; easement violations ........................................HB 1464 Soil and Water Conservation Technicians; on-site sewage systems..............................................................SB 30 Vidalia Onions and Products; promotional activities; fees.........................................................................HB 1142
AIDS OR HIV INFECTIOUS DISEASES Front-line Health Care Workers; exposure controls; needle less systems................................................HB 1448
AIR POLLUTION; Income Tax Credits; low-emission vehicles; electric vehicle chargers; diesel engines emissions reduction equipment............................................................................................HB 801
AIRPORTS (See Aviation)
ALARM SECURITY SYSTEMS ; Records Not Subject Public Disclosure..............................................SB 364
ALBANY/DOUGHERTY COUNTY HIGH SCHOOL/HIGH TECH Program; commend...............SR 647
ALCOHOLIC BEVERAGES AND ALCOHOLISM (Also See Driving Under Influence or Motor Vehicles) Brewer-Wholesaler Licensee Relations; partnership arrangements .............................................................SB 460 Distilled Spirits, Wine and Malt Beverages; sales by cruise ships............................................................HB 1383 DUI; drunken drivers; commission to study problems.................................................................................... HR 13 DUI; habitual violators; alcohol consumed and driving.................................................................................SB 261 DUI; habitual violators arrested when minor is occupant of vehicle............................................................SB 273 DUI Offenders; publishing of conviction notices and photographs.............................................................SB 149 Regulations; notices by Statutory Overnight Delivery; authorize.................................................................SB 436 Retail Consumer Sales Via Electronic Commerce by Licensed Grocers.....................................................SB 434 Sales on Election Days......................................................................................................................................HB 1339 Sales Prohibited Within Vicinity of any Housing Authority Property.........................................................SB 485 Sales to Underage Persons; suspension of state or local license...................................................................SB 246 Violations Relating to Minors; misdemeanor offenses; punishment...........................................................HB 304 Wine Shipped Directly to Georgia Consumers from Out-of-State; special order shipping licenses; Applicable excise taxes...................................................................................................................................HB 1273
ALIEN RESIDENTS Crimes Against Persons Because of Race or National Origin; penalty........................................................SB 153 Criminal Cases; entry of guilty plea; understanding impact on immigration status.................................HB 584
ALIMONY; Interest on Late Payments for Alimony and Installment Payments.....................................HB 1540

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2654

JOURNAL OF THE SENATE

ALPHA KAPPA ALPHA SORORITY; recognizing....................................................................................SR 499
AMBULANCES (Also See Emergency Medical Services) EMSC Program; ambulance service territories; decisions and appeals........................................................SB 65
A.M.E. CHURCHES SOUTH GEORGIA ANNUAL CONFERENCE; recognize..............................SR 765
AMERICAN ELECTRONICS ASSOCIATION'S HIGH-TECH DAY; commend. ...........................SR 632
AMERICUS, CITY OF Americus-Sumter County Airport Authority; create....................................................................................HB 1632 Americus-Sumter County Parks and Recreation Authority; create ...........................................................HB 1633
AMERSON, BENJAMIN PATRICK, EAGLE SCOUT; commend ........................................................SR 400
AMICALOLA FALLS STATE PARK; property exchange; U.S. Forestry Service..............................SR 503
ANDERSON, OSJHA; Miss Georgia 1999; commend ..................................................................................SR 664
ANDRAE, CHAD; University System Academic Scholar..............................................................................SR 722
ANIMALS Animal Matter Processing Plants; reduce odorous gases, vapors................................................................HB 650 Animal Protection Act of 2000; humane treatment; offenses of cruelty; abandonment of animals........SB 297 Dangerous Dog Classification; Animal Control Boards and hearings.......................................................HB 719 Dangerous Dogs; owner requirements; amount of liability insurance........................................................HB 935 Dead Animal Disposal Act; additional methods; incineration....................................................................HB 1138 Expand Places Where the Use of Guide or Service Dogs are Permitted..................................................HB 1256 Livestock; disease control services; fees...........................................................................................................SB 330 Organic Food or Feed; Georgia Organic Certification and Labeling Act....................................................SB 477 Private Search and Rescue Dog Teams; licensing; state registry.............................................................HB 1311 Proclaim Willie B. Day; beloved Zoo Atlanta gorilla.....................................................................................SR 545 Rules and Regulations; notices by statutory overnight delivery..................................................................SB 436
ANNUITIES Charitable Gifts of Cash or Property; disclosures; notices...........................................................................SB 300 Contracts; standard nonforfeiture provisions; cash surrender benefits .....................................................HB 1594
ANWAR, ASMA; 4-H Leadership; commend..................................................................................................SR 427
APPEALS AND ERROR Appeal Bonds Not Granted to Persons Convicted of Drug Trafficking......................................................HB 500 Appellate Court Judges; change retirement eligibility....................................................................................SB 263 Appellate Courts; documents; authorize statutory overnight delivery.........................................................SB 436 Civil Actions; authorize apply doctrine of forum non-conveniens...............................................................SB 124 Civil Actions; foreign judgments; punitive damages; appeals; bonds.........................................................SB 487 Civil Litigation Improvement Act; pending appeals; foreign judgments; bonds....................................HB 1346 Powers of Courts to Correct Errors and Grant New Trials.............................................................................SB 228 Workers' Compensation; award decisions; cross appeals to State Board...................................................HB 135
APPROPRIATIONS AND FISCAL AFFAIRS Appropriations Committees; appearance of Mental Health Regional Boards.........................................HB 1470 Appropriations, General SFY 2000-2001.......................................................................................................HB 1160 Appropriations; Supplemental 1999-2000; reallocate funds ...............................................HB 1162 Appropriations; Supplemental funding; state health insurance plans .......................................................HB 1161 Budget Act; include Land, Water, Wildlife, Recreation Heritage Fund.......................................................... SB 4

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INDEX

2655

APPROPRIATIONS AND FISCAL AFFAIRS (Continued) Funding of Cooperative Public Library Services Between Departments...................................................HB 576 General Appropriations Acts; restrict amendments which increase spending............................................SR 451 Georgia Military College; budget requests; appropriation of funds............................................................HB 840 Office of Treasury and Fiscal Services; powers; investment of public funds..........................................HB 1508 Revenue Shortfall Reserve; state surplus revenue; change amount...........................................................HB 1671 State Councils, Commissions, Boards, Committees; review committee .....................................................SR 152 State Forestry Commission; funding; fire protection plans, training.........................................................HB 1123 World War II Memorial in Washington; appropriate state funds..............................................................HB 1144
AQUIFERS; Surface Water Withdrawal, Impoundment in Coastal Areas Prohibited...............................SB 48
ARCHAEOLOGICAL AREAS OF VALUE; historic preservation designation...................................HB 509
ARCHITECTS; State Board of Architects and Interior Designers; creation..............................................SB 350
ARCHIVES AND HISTORY; Department; cooperative library services; funding.................................HB 576
ARD, JAMES W.; University System Academic Scholar..............................................................................SR 714
AREA PLANNING, DEVELOPMENT AUTHORITIES (See Authorities or Development Authorities)

ARRESTS Crime Information Center; reporting criminal arrests or custodial information.........................................SB 356 Jails; certified officers in county jails; arrest powers......................................................................................SB 445 Warrants; issuance for a Teacher or School Administrator..............................................................................SB 27 Warrants; probable cause; pre-warrant hearing; evidence; procedure. .......................................................HB 259
ARSON; Juveniles Alleged Committed Crime of Arson; court jurisdiction................................................SB 203
ARTS, THE Art Policies for Capitol and Governor's Mansion; committee to study......................................................HR 330 Hotel-Motel Tax; purposes; community auditorium or theatre facilities..................................................HB 1375 State Capitol Art Collection; Georgia Art Policy Committee created.......................................................HB 1197 Works of Art; historic preservation districts designation process...............................................................HB 509
ASSAULT AND BATTERY Aggravated Battery Committed by Minor Children; incarceration..............................................................SB 416 Assault or Battery Upon County Jail Officers; punishment...........................................................................SB 446 Employees Experiencing Violence or Threats in Workplace; restraining orders....................................HB 1275 Family Violence Battery; enhanced penalty; punishment..............................................................................SB 481 Juveniles; prosecution for aggravated battery resulting in serious injury.................................................HB 1405 Offenses Against Sports Officials of Amateur Contests; punishment........................................................HB 265
ATHENS, CITY OF; Athens Area Child Abuse Prevention Council, Inc.; commend .............................SR 812
ATHLETICS AND SPORTS Amateur Sport Contests; assault or battery upon officials; penalty.............................................................HB 265 Athlete Agent Regulations; prohibited acts; recovery of damages to colleges........................................HB 1323 Georgia Sports Hall of Fame Authority; increase membership.......................................................................SB 76 High School Interscholastic Competitions; fair, equitable recruiting policies.........................................HB 1500 School Athletic Programs; Equity in Sports Act; gender based discrimination; records inspection...HB 1308 Snow Skiing Safety Requirements; operators, skiers, passengers...............................................................HB 517 Ticket Scalping Laws; regulate ticket brokers; exemptions..........................................................................HB 331

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2656

JOURNAL OF THE SENATE

ATLANTA, CITY OF Ad Valorem Taxes; homestead exemption; based age and income; referendum....................................HB 1550 Ad Valorem Taxes; homestead exemption; referendum..............................................................................HB 1741 Atlanta Community Improvement Districts; redefine 'electors', purpose, taxes......................................HB 1539 Designate; James Wendell George Parkway; portion interstate highway...................................................SR 483 Fulton County and City of Atlanta; single due date for taxes.......................................................................HB 590 MARTA; Board of Directors; change composition........................................................................................SB 502 Municipal City Court; appellate procedures.....................................................................................................SB 228 Property Conveyance; Macon Drive and Lakewood Avenue tract..............................................................SR 628 State Court of Limited Jurisdiction; additional penalties; jail purposes; compensation of judges.......HB 1372
ATLANTA GAS LIGHT COMPANY; utility easement; Richmond County...........................................SR 504
ATLANTA JUDICIAL CIRCUIT; Superior Court; additional judge.....................................................HB 1425
ATTORNEY GENERAL Duties; informational pamphlet relating to covenant marriage. ....................................................................SB 191 Information on Legal Defense; SB 357 to Banning Partial Birth Abortion................................................SR 188 Requesting Legal Representation Relative a Civil Action and Method of Enactment of Local Legislation by the General Assembly...............................................................................................................SR 570
ATTORNEYS (Also See Courts, Civil Practice or Criminal Proceedings) Agents Given Durable Power of Attorney for Health Care; authority........................................................HB 416 Corporate Garnishees; filings not constitute practice of law............................................................................SB 19 District Attorneys; impeachment grounds; taking something in exchange for official actions...............SB 412 Employment by District Attorneys in Each Judicial Circuit..........................................................................SB 346 Evidence; subpoenas and notices; witness fees and mileage ........................................................................HB 340
AUDITS AND ACCOUNTS Local School Systems; accounting irregularities or budget deficits..........................................................HB 1187 State Auditor; assess effect of mandated health insurance coverage. ..........................................................SB 156 State Auditor; certify requirements for pension obligation bonds...............................................................HB 847 State Auditor; duties; county property tax assessment digest.......................................................................HB 523 State Auditor; nomination and election of Russell Hinton..........................................................................HR 1351 State Auditor; review proposed legislation; health care professionals scope of practice; designate
independent committee.....................................................................................................................................HB 586
AUGUSTA CHRISTIAN SCHOOL Commend Baseball Team. ...................................................................................................................................SR 797 Commend Boys' Basketball Team. .....................................................................................................................SR 798
AUGUSTA, CITY OF Augusta-Richmond County Water Authority; create...................................................................................HB 1698 Committees, Authorities, Boards, Commission Meetings; attendance.......................................................HB 336 Georgia Medical Center Authority Act; enact.................................................................................................SB 440
AUGUSTA JUDICIAL CIRCUIT; Superior Court; judges; salary supplement, Burke, Richmond and Columbia Counties ..................................................................................................................................HB 1738
AUSTELL, CITY OF Designate; Dewey D. Vaughn Memorial Bridge. ............................................................................................SR 472 Mayor and Council; time of election, term, taking of office..........................................................................SB 504
AUTHORITIES (Also See Development Authorities) Development; dissolution by parent government; assets; obligations......................................................HB 1205 Georgia Agricultural Facilities Authority; grants, loans, bonds...................................................................SB 251

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INDEX

2657

AUTHORITIES (Continued) Georgia Medical Center Authority Act; enact.................................................................................................SB 440 Georgia Ports Authority; additional members..................................................................................................SB 435 Georgia Rail Passenger Authority Overview Committee; membership......................................................HB 455 Georgia Sports Hall of Fame Authority; increase membership.......................................................................SB 76 Georgia Technology Authority; establish.........................................................................................................SB 465 Heart of Georgia Regional Authority; membership; appointments...........................................................HB 1725 Housing; powers; creation of subsidiary corporations; financing; usury statute.....................................HB 1419 Housing; prohibit sales of alcoholic beverages within 100 yards.................................................................SB 485 Housing Project Operations; purchases exempt sales taxes..........................................................................HB 567 Joint Development Authorities in Less Developed Counties; members...................................................HB 1135 Local; appointed members; felony indictment by grand jury; removal procedures.................................HB 401 Motor Vehicles Purchased With Public Funds; identifying markings........................................................HB 648 OneGeorgia Authority Act; rural economic development; public financial assistance; tobacco lawsuit settlement funds..................................................................................................................................................SB 398 Public Entities Issuing Bonds, Notes or Obligations; filing reports............................................................HB 964 Rural Hospital Authorities; grants to hospitals facing closure ......................................................................SB 381 Rural Hospitals; exemption; restrictions; sale or lease of hospital authority owned hospitals ...............SB 382 Southwest Georgia Railroad Excursion Authority; Crisp and Sumter Counties .....................................HB 1654 State; employee labor organizations; open access to management...............................................................SR 100 State Entities; inventory leased building space; report legislature...............................................................HB 630 State Tollway Authority and Georgia Highway Authority; soil erosion and sediment control plans and Overview Council.......................................................................................................................................SB 524 State; violation of ordinances; prosecution; suspended sentences...............................................................HB 153 Water Use Restrictions During Drought Periods; uniformity.....................................................................HB 1373
AVANT-COX FAMILY; honoring Moses Cox and James Ransome..........................................................SR 586
AVIATION Airport Property; control of white-tailed deer and removal of black bears..............................................HB 1409 Airports; traffic offenses; jurisdiction, venue for prosecution.........................................................................SB 55 Georgia Aviation Hall of Fame; designate as official repository................................................................... HB 76

B
BACON, TYRONE; commend ....................................................................................SR 606
BAIL (Also See Bonds or Criminal Procedure) Appeal Bonds Not Granted for Drug Trafficking Convictions....................................................................HB 500 Bondsmen; fees of sureties; amount may charge on criminal bonds..........................................................HB 337 Out-of-State Bail Jumping to Avoid Court Appearance; penalty.................................................................SB 415 Where Offenses are Bailable; Methamphetamine trafficking cases............................................................HB 408
BAILEY, ROJENE; commend............................................................................................................................SR 808
BAKER COUNTY; Probate Court; judge; service as chief magistrate; compensation .........................HB 1737
BALDOWSKI, CLIFFORD H.; in remembrance of......................................................................................SR 588
BALDWIN COUNTY Ad Valorem; county taxes; homestead exemption; leased residences.........................................................SB 498 Ad Valorem; school taxes; homestead exemption; leased homesteads .......................................................SB 497 Property Conveyance; easement area; Accucomm Networks Inc.................................................................SR 504 Property Conveyance; easement; water lines crossing Oconee River..........................................................SR 516 Property Conveyance to Royce L. Lingold, Jr..................................................................................................SR 502

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2658

JOURNAL OF THE SENATE

BANKING AND FINANCE Cancellation of Mortgages or Conveyances Upon Payment of Loan..........................................................HB 429 Check Dishonored; candidates qualifying for public office........................................................................HB 1361 Check Dishonored for Payment on Retail Installment Contract or Revolving Account; fees.................SB 379 Credit Transfer of Employee Wage and Salary Payments; authorization......................................................SB 52 Day Trading Securities Firms; registration; disclosures; violations.............................................................SB 444 Definitions; parity; mergers; acquisitions; licensing check-cashers, mortgage lenders, branches.......HB 1231 Deposit Account Fraud; arrest warrant applications; procedures................................................................HB 259 Deposit Account Fraud; dishonored instrument fee. ....................................................................................HB 1389 Deposit Account Fraud or Dishonored Checks; handling fees...................................................................HB 1257 Deposits of Proceeds Received on Preneed Funeral Service Contracts.......................................................SB 431 Electronic Funds Transfer; Workers' Compensation benefits....................................................................HB 1184 Exploitation of Elderly or Disabled; reporting; protective services.............................................................SB 407 Family Savings for Higher Education; Georgia Tuition Program..............................................................HB 1189 Farmers and Small Businesses; Linked Deposit Loan Programs; study......................................................SR 351 Financial Institutions; documents; statutory overnight delivery...................................................................SB 436 Income Taxes; credits; depository financial institutions.............................................................................HB 1452 Lending Institutions and Banks; license to sell insurance.............................................................................HB 656 Loan Sharking; criminal offense of unlicensed commercial loan sharking..............................................HB 1389 Loan Sharking; criminal offense of unlicensed commercial lenders............................................................SB 294 Loans Made by Housing Authorities to Private Enterprises; usury statute..............................................HB 1419 Pawn Transactions; excessive interest clarification.........................................................................................SB 348
BANKRUPTCY Declaration of Bankruptcy by Medicare Choice Organizations..................................................................... HB 94 Exemption; intestate insolvent estates; property owned jointly by both spouses.....................................HB 703 Uninsured Motorist Damages; Insurance Protection and Coverage.............................................................SB 344
BARROW COUNTY Designate; J.W. Orr Memorial Highway; portion Highway 53..................................................................HR 1207 Property Conveyance; easement area; Ft. Yargo State Park. .........................................................................SR 504
BARRS, MERIDETH; 4-H Leadership; commend.........................................................................................SR 438
BARTOW COUNTY; Property Conveyance; City of Emerson; sell railroad right of way.....................SR 502
BATTERY (See Assault and Battery or Crimes)
BAUMGARTNER, ANDY; 1999 NATIONAL TEACHER OF YEAR Commend.................................................................................................................................................................SR 392
BBQ, SLOSHEYE TRAIL BIG PIG JIG BBQ CONTEST; recognizing...............................................SR 677
BEAUX-ARTS BBQ BEACH PARTY; recognize.........................................................................................SR 557
BEER OR BREWERIES (Also See Alcoholic Beverages or Commerce) Brewer-Wholesaler Licensee Relations; limited partnerships.......................................................................SB 460 Retail Consumer Sales Via Electronic Commerce by Licensed Grocers.....................................................SB 434
BELL-FORSYTH JUDICIAL CIRCUIT; Superior Court; additional judge........................................HB 1425
BELLSOUTH TELECOMMUNICATIONS, INC.; property easements for lines, cables...................SR 516
BENATOR, SCOUTMASTER JOSIAH V.; commend ...............................................................................SR 537

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2659

BENHAM, ROBERT; Chief Justice; State of Judiciary Address ................................................................Page 98
BENTLEY, FRED D., SR.; honoring ................................................................................................................SR 824
BENTLEY, FRED SR.; name Bridge to honor; Cobb County. ...................................................................HR 849
BERKMAR HIGH SCHOOL BASKETBALL TEAM; commend...........................................................SR 756
BERRIEN COUNTY; Tax Commissioner; compensation.........................................................................HB 1557
BIBB COUNTY Macon-Bibb County Cherry Blossom Festival; commend.............................................................................SR 505 Probate Court; nonpartisan nomination, election of judge............................................................................HB 745 Property Conveyance; National Guard Armory Property...............................................................................SR 514
BIBLICAL HISTORY AND LITERATURE OF THE OLD AND NEW TESTAMENT ERA Offering State Funded High School Courses .................................................................. SB 341
BIDS (Also See Contracts or State Government) Public Works Construction Contracts; competitive award requirements................................................HB 1079
BIOMEDICAL AND BIOTECHNICAL RESEARCH; Georgia Medical Center Authority Act.......SB 440
BISHOP, CONGRESSMAN SANFORD; introduced ...............................................................................Page 581
BLACK SHARECROPPERS; 1946 murders in Walton County; urge investigation.............................HR 477
BLACK VEGETARIAN SOCIETY; Great American Meatout Day; commend .....................................SR 707
BLIND PERSONS (Also See Handicapped or Disabled Persons) Rehabilitation Services; Georgia Industries for the Blind; transfer function to Labor Department......HB 172
BLISSIT, DR. JOSEPH A.; Henry County Citizen of Year; commend......................................................SR 453
BLOCK GRANT FUNDS; State Community Development Grant and Loan Program; create............HB 1413
BLOOMINGDALE, CITY OF; Ad Valorem Taxes; homestead exemption..........................................HB 1505
BOATS, MARINE EQUIPMENT AND FACILITIES Boat and Motor Title and Ad Valorem Taxation Study Committee.............................................................SR 569 Certificate of Title; vessel registration; owner of record................................................................................SB 114 Marine Vessels; ad valorem property taxation; separate classification; amend Constitution..................SR 580 Marine Vessels; ad valorem taxation; different rates, methods....................................................................SB 471 Natural Resources Department; hunter and boater safety programs.............................................................SB 393 Sales Tax; exemption; dyed diesel fuel for commercial fishing boats......................................................HB 1582 Sales Tax; exemption; fuel for commercial fishing purposes ..........................................................................SB 81 Salt-water Fishing; commercial trawlers; whiting possession limits............................................................SB 159 Watercraft; operation by persons ages 14 and 15; muffling engine noise...................................................SB 389
BONDS Bail; appeal bonds not granted persons convicted drug trafficking.............................................................HB 500 Criminal Bonds; forfeiture proceedings; hearings; notices............................................................................SB 436 Revenue; issuance; waste disposal; restrictions outside territory.................................................................HB 525 Sureties on Criminal Bonds; fees; amount may charge defendants .............................................................HB 337
BOOTLE, JUDGE WILLIAM AUGUSTUS OF MACON; honoring.....................................................SR 604

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2660

JOURNAL OF THE SENATE

BOSTEDO, ROBERT JEFFREY; Eagle Scout; commend..........................................................................SR 758
BOURDON, BERNIE; name Memorial Bridge to honor...............................................................................SR 388
BRANAN, WILLIAM F.; University System Academic Scholar................................................................SR 717
BRASELTON, TOWN OF; Municipal Court; jurisdiction; maximum penalties......................................SB 129
BREAST-FEEDING IN PUBLIC; delete required 'discreet and modest way'..........................................SB 362
BRIDGES (See Highways, Bridges and Ferries)
BROOKS COUNTY Superior Court; change date of term..................................................................................................................HB 811 Superior Court; change terms ...........................................................................................................................HB 1253
BROOKWOOD HIGH SCHOOL STATE SWIM CHAMPIONSHIPS; commend............................SR 793
BRUNSWICK, CITY OF; Designate; Paul Warwick, Jr. Memorial Highway; Brunswick...................HR 897
BRYAN COUNTY Designate; Chas. F. Warnell, Sr. Highway on U.S. Highway 280.............................................................HR 1188 Designate; Chas. F. Warnell, Sr. Highway; portion U.S. Highway 280.. ....................................................SR 787
BRYANT, JAMES ; Broxton Police Department Patrolman; honoring........................................................SR 534
BUDGET (See Appropriations and Fiscal Affairs)
BUILDING AUTHORITY, GEORGIA Art Works; policies; Capitol and Governor's Mansion; study committee. .................................................HR 330 New Capitol Education Center; designate the Hooks-Coleman Auditorium................................................SR 87 Old Governor's Mansion; Historic Preservation Stewardship; Joint Committee to Study.......................SR 783 Public Buildings Paid for by the Taxpayers; placement of plaques.............................................................. HB 87 State Capitol; placement of portrait; Ellen Louise Axson Wilson...............................................................HR 847 State Capitol; placement of portrait; Selena Sloan Butler. .............................................................................SR 518
BUILDINGS AND HOUSING Building Permits; code compliance; qualified inspectors.............................................................................HB 150 Construction Contractors, Subcontractors; payment of sales taxes.............................................................HB 592 Construction Projects Requiring Inspection for Code Compliance; professional engineer services .....HB 151 Fair Housing; enforcement notices; statutory overnight delivery.................................................................SB 436 Fire or Other Hazards Endangering Life, Property; timely compliance to remedy conditions; Magistrate Court jurisdiction..............................................................................................................................SB 73 Housing Authorities; for-profit subsidiary corporations; loans; usury statute.........................................HB 1419 Housing Authority Property; prohibit sales of alcoholic beverages.............................................................SB 485 Housing Projects; drug trafficking or drug possession penalty....................................................................HB 649 Landlords; Mobile Home Parks; prohibit retaliatory tenant evictions.........................................................SB 512 Landlords; tenant complaints relating to code violations...............................................................................SB 404 Lead Poisoning Abatement; Childhood Lead Exposure Control Act..........................................................HB 904 Local Government Code Enforcement Boards Act; enact..........................................................................HB 1206 Local Government Code Enforcement Boards Act; organization.................................................................SB 510 Local Government Code Enforcement Boards Act; violations; fines.........................................................HB 591 Low Income Housing Development; state income tax credits.....................................................................HB 272 Manufactured Housing; uniform taxation, zoning, transport, regulations; joint committee to study....HR 154 Public; Art in State Buildings; Georgia Art Policy Committee..................................................................HB 1197
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2661

BUILDINGS AND HOUSING (Continued) Publicly Funded Low-income Housing; accessible features for persons with mobility impairments....SB 443 Rental Dwellings; occupancy restriction; number allowed per bedroom. ...................................................SB 537 Tenants; Water and Wastewater Service Charges; building owner charges ............................................HB 1221

BULLOCH COUNTY Board of Commissioners; staggered terms; compensation .........................................................................HB 1621 State Court; judge and solicitor; change compensation...............................................................................HB 1620
BULLOCH MEMORIAL HOSPITAL; commend........................................................................................SR 804
BURIAL LOTS AND BURIAL MERCHANDISE (Also See Cemetery or Funerals) Cemetery and Funeral Services Act of 2000; enact......................................................................................HB 1609 Georgia Cemetery and Funeral Services Act of 2000. ....................................................................................SB 462
BURKE COUNTY Ad Valorem; School District Taxes; homestead exemption..........................................................................SB 296 Board of Education; compensation .................................................................................................................HB 1042 Board of Education; filling of vacancies ........................................................................................................HB 1555 Superior Court; Augusta Judicial Circuit; judges' salary supplement.......................................................HB 1738
BURROUGHS/DAVIS FAMILY OF BURKE COUNTY; commend .....................................................SR 389
BURSI, CHARLES CAMPBELL; Eagle Scout; commend..........................................................................SR 700
BURSI, JAMES ALEXANDER; Eagle Scout; commend.............................................................................SR 704
BURT, TONYA; commend ..................................................................................................................................SR 634
BUSES Charter Bus Transportation Carriers; passenger permits..................................................................................SB 87 School Bus Drivers; training; compensation; committee to study................................................................SR 374 School Buses; equip driver with live communications devices....................................................................SB 458

BUSH, ROBERT JOEL; University System Academic Scholar..................................................................SR 742
BUSINESS (See Commerce or Professions and Businesses)
BUSINESS EXPANSION SUPPORT ACT Jobs Tax Credits; businesses located in less developed counties..............................................................HB 1135 Jobs Tax Credits; certain less developed counties; manufacturers, telecommunications, increasing
Port Traffic, relocating business headquarters ..............................................................HB 1509

BUTLER, SELENA SLOAN; honoring; portrait in state capitol.................................................................SR 518
BUTTS COUNTY Board of Education; compensation .................................................................................................................HB 1631 Superior Court; judges, DAs; salary supplement.............................................................................................SB 161 Superior Court; Towaliga Judicial Circuit; additional judge. .....................................................................HB 1425 Superior Court; Towaliga Judicial Circuit; change term of court..............................................................HB 1171 Superior Court; transfer to new Towaliga Judicial Circuit.............................................................................SB 219
BYRD, PAUL; highway to honor; wording 'Korean Conflict'; Jeff Davis County.................................HR 1151

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2662

JOURNAL OF THE SENATE

C
CAMPAIGN AND FINANCIAL DISCLOSURE (Also See Ethics or Elections) Campaign Donation Limits in State-wide Campaigns Revised; disclosure; filing.................................HB 1630 Ethics; General Assembly; prohibit solicit contributions or pledges during Legislative Session...........SB 354 Ethics; prohibited conduct on behalf of candidate for public office.............................................................SB 372 Political Advertisements; identity of person purchasing.............................................................................HB 1361 Public Officers, General Assembly Members; acceptance of gifts from lobbyists during legislative sessions prohibited.............................................................................................................................................SB 467 Reports; Electronic Filing Format; Shall be Published...................................................................................SB 225
CAMPBELL, TRACY D.; commend ................................................................................................................SR 810
CANCER TREATMENT Adults; clinical trial procedures; committee to study.....................................................................................SR 276 Breast Cancer; mastectomy, lymph node dissection; inpatient care.............................................................SB 141 Breast Cancer, Prostate Cancer, Ovarian Cancer Research Program Fund; tax contributions .............HB 1335 Cervical Cancer; increase awareness about HPV and Prevention................................................................SR 636 Commission on Men's Health Issues; create. ................................................................................................HB 1235 Health Insurance Coverage; patient costs; clinical trials for cancer treatment...........................................SB 361 Ovarian Cancer Detection and Prevention; encourage education.................................................................SR 571
CANDIDATES FOR PUBLIC OFFICE (Also See Elections and Ethics or Public Officers) Access to Election Ballots; Voter Choice and Election Access Reform......................................................SB 358 Elections Code; dishonored qualifying fee; ballot names; write-in...........................................................HB 1117 Prohibited Campaign Activities Using State Employees or Facilities.........................................................SB 372
CANDLER COUNTY; Board of Commissioners; oath; bonds; salary; quorum; administrator..........HB 1568
CAPITAL PUNISHMENT (See Death Penalty, Courts or Criminal Procedure)
CAPITOL BUILDINGS AND GROUNDS, STATE Art Work in Capitol, Capitol Education Center; committee to study.........................................................HR 330 Designate; Hooks-Coleman Auditorium in the Capitol Education Center....................................................SR 87 Directing Placement of Portrait of Selena Sloan Butler in Capitol...............................................................SR 518 State Capitol; Placement of Portrait of Ellen Louise Axson Wilson...........................................................HR 847 State Capitol Art Collection; Georgia Art Policy Committee created .....................................HB 1197
CARPER, DR. N. GORDON; commend..........................................................................................................SR 470
CARROLL COUNTY Governing Authority; revise laws....................................................................................................................HB 1350 Property Conveyance; easement; Plantation Pipe Line Company................................................................SR 516 West Georgia River Protection; joint committee to study...........................................................................HR 215
CARSWELL, HALEY; 4-H Leadership; commend .......................................................................................SR 432
CARTER, AUSTIN, GEORGIA 4-H PRESIDENT Addressed Senate ...............................................................................................................................................Page 143 4-H Leadership; commend...................................................................................................................................SR 449
CARTER, HUGH ALTON, FORMER STATE SENATOR; in remembrance......................................SR 409
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2663

CARTERSVILLE HIGH SCHOOL FOOTBALL TEAM; commend ....................................................SR 414
CATOOSA COUNTY Ad Valorem; school district taxes; homestead exemption; referendum....................................................HB 1305 Ad Valorem Taxes; homestead exemption ....................................................................................................HB 1309 Public Works Authority; members; compensation.......................................................................................HB 1340
CCRC'S, CONTINUING CARE RETIREMENT COMMUNITIES; senior housing industry; Committee to Study............................................................................................................................................SR 613
CEDARTOWN, CITY OF; Corporate Limits; annex certain property....................................................HB 1715
CELLULAR COMMUNICATIONS Drivers Using Cellular Mobile Telephones; urge use good judgment.........................................................SR 611 Drivers Using Mobile Telephone; Moving Traffic Violation Constitutes Wreckless Driving................SB 353 Drivers Using Mobile Telephones While Vehicle in Motion Prohibited.....................................................SB 298 Drivers Using Radios and Mobile Telephones; requirements.......................................................................SB 323 School Buses; require live communications devices for drivers...................................................................SB 458 Urging Legislative Deliberation of Vehicle Safety Issues .............................................................................SR 596 Vehicle Accidents; improper use of a radio or mobile phone; penalty........................................................SB 395 Wireless Telephones; encourage responsible use while driving...................................................................SR 650
CEMETERIES (Also See Funerals) Cemetery and Funeral Services Act of 2000; enact......................................................................................HB 1609 Delivery of Notices; service of process; investigations; appeals of orders; abandoned cemetery lots...SB 436 Georgia Cemetery and Funeral Services Act of 2000; enact.........................................................................SB 462 Georgia Veterans Cemetery; establish; interment eligibility......................................................................HB 1396 Preneed Funeral Service Contracts; proceeds; depository institutions........................................................SB 431
CENSUS AWARENESS WEEK; proclaim.....................................................................................................SR 690
CENSUS, YEAR 2000; urge accurate population count; bar random sampling.........................................SR 205
CENTERVILLE, CITY OF; corporate limits ..............................................................................................HB 1476
CENTURY OF WOMEN'S ACCOMPLISHMENTS; recognize ............................................................HR 757
CERTIFICATE OF NEED, HEALTH CARE FACILITIES Committee to Study Long-term Care, Senior Housing Facilities..................................................................SR 613 Exemption; Mobile New Institutional Health Services.....................................................................................SB 92 Exemption; radiation therapy in offices of private physicians......................................................................SB 171 Exemption; radiation therapy performed in physician's office. .....................................................................SB 185 Health Planning, State; assisted living facilities; define. ................................................................................SB 131 Long-term Care; Independent or Assisted Living Units; development of.....................................................SB 75 Nonprofit Hospitals; renewal of certain leases; exemption..............................................................................SB 54 Rural Hospitals; exemption; restrictions relating sale or lease of hospital authority owned hospitals ...SB 382
CERTIFICATES OF PARTICIPATION FINANCING Counties and Municipalities; contracts; restrictions; referendum. ................................................................SB 351 Counties, Municipalities; Multi-year Lease, Purchase Agreements; limitations ....................................HB 1450
CHAPLAINS OF THE DAY Allen, Reverend Dr. Carlton ............................................................................................................................Page 496 Barrows, Reverend Cliff ....................................................................................................................................... Page 3 Brewer, Pastor Bobby .........................................................................................................................................Page 45 Brown, Reverend Dan .........................................................................................................................................Page 67

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2664

JOURNAL OF THE SENATE

CHAPLAINS (Continued) Bumpers, Reverend James ...............................................................................................................................Page 925 Cochran, Pastor Swayne ...................................................................................................................................Page 153 Cook, Reverend James H., Jr. ..........................................................................................................................Page 333 Dollar, Pastor Creflo .......................................................................................................................................Page 1749 Durley, Reverend Gerald .................................................................................................................................Page 990 Fields, Reverend Marty ....................................................................................................................................Page 361 Gaddis, Dr. Todd ...............................................................................................................................................Page 779 Haithco, Pastor Jai S., Sr. .................................................................................................................................Page 264 Harris, Reverend Mark .....................................................................................................................................Page 522 Henry, Reverend Helen .................................................................................................................................Page 1500 Hill, Matthew, Senate Sergeant at Arms ..........................................................................................Pages 292, 2049 Ichay, Rabbi Robert ........................................................................................................................................Page 1338 Kandler, Pastor Ted ...........................................................................................................................................Page 205 Kaney, Reverend Rex .......................................................................................................................................Page 472 Lee, Bishop George ...........................................................................................................................................Page 453 Lewis, Reverend Jimmy B. ..............................................................................................................................Page 431 Long, Bishop Eddie ...........................................................................................................................................Page 581 Merritt, Dr. James ............................................................................................................................................Page 1160 Money, Reverend Glen .....................................................................................................................................Page 171 Pile, Dan.............................................................................................................................................................. Page 127 Reid, Pastor Omer ..............................................................................................................................................Page 227 Ricketts, Reverend Bill .....................................................................................................................................Page 139 Rikard, Reverend D. Craig..............................................................................................................................Page 1304 Ross, Reverend Jeff ...........................................................................................................................................Page 190 Russell, Reverend Phil.........................................................................................................................................Page 59 Smith, Reverend T. Dewitt ............................................................................................................................Page 1087 Spires, Bishop Michael......................................................................................................................................Page 968 Thompson, Harold M. .........................................................................................................................................Page 78 Whorton, Dr. Rodger ........................................................................................................................................Page 830 Wicker, Reverend Dr. Stafford ........................................................................................................................Page 320 Wyatt, Dr. John ..................................................................................................................................................Page 108 Yelverton, Reverend Gene............................................................................................................................... Page 413
CHARITABLE ORGANIZATIONS (See Corporations or Nonprofit)
CHARLTON COUNTY Ad valorem Taxes; homestead exemption; senior citizens .........................................................................HB 1469 Charlton-Folkston-Homeland Airport Authority; new name; members...................................................HB 1468 Charlton County High School Football Team; commend .............................................................................SR 643
CHARTER SCHOOLS ACT OF 2000; petitions; decision procedures....................................................SB 310
CHATHAM COUNTY Ad Valorem Taxes; homestead exemption; referendum................................................................................HB 350 Board of Elections; chairperson; method of appointment...........................................................................HB 1456 Chatham Area Transit Authority; add citizen from disabled community....................................................SB 385 Chatham-Savannah Authority for the Homeless; membership, meetings, purposes ..............................HB 1726 Designate; Tom Triplett Parkway on Georgia Highway 21..........................................................................HR 756 Georgia International and Maritime Trade Center Authority; excise tax levy.........................................HB 1375 Property Conveyance; easement; cable crossing Savannah River channel. ................................................SR 516 Property Conveyance; easement; Savannah Electric and Power Co............................................................SR 504 Property Conveyance; Goodwill Industries of the Coastal Empire Inc........................................................SR 502 Property Conveyance; Goodwill Industries of the Coastal Empire Inc.......................................................HR 956 Property Conveyance; surplus Army National Guard Armory......................................................................SR 503 School Tax Collections; percentage retained by tax commissioner. .........................................................HB 1267

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2665

CHATTAHOOCHEE COUNTY; Superior Court; additional judge. ......................................................HB 1425
CHATTAHOOCHEE JUDICIAL CIRCUIT; Superior Court; additional judge.................................HB 1425
CHATTAHOOCHEE RIVER; water quality; Lake Lanier Reservoir Study Committee.......................SR 284
CHATTOOGA COUNTY; Board of Elections and Registrations; create...............................................HB 1600
CHECKS USED IN FINANCIAL TRANSACTIONS Check Dishonored; candidates qualifying for public office........................................................................HB 1361 Deposit Account Fraud; dishonored instrument fees; Loan Sharking.......................................................HB 1389 Retail Sellers; Installment Contract or Revolving Account; check dishonor fees.....................................SB 379 Sellers of Checks, Money Orders or Check-cashers; licensing..................................................................HB 1231

CHEROKEE COUNTY Designate; John F. Lawler Memorial Bridge...................................................................................................HR 792 State Court; additional judge ............................................................................................................................HB 1216
CHESTATEE WILDLIFE MANAGEMENT AREA; property exchange; U.S. Forestry Service. ...SR 503
CHILD ABUSE (Also See Minors or Crimes) Child Advocate Office Created to Oversee Protective Services, Agencies; initiate investigations
of criminal misconduct involving a child....................................................................HB 1422 Child Custody Cases; public inspection of court files, evidence ..................................................................SB 378 Child Custody Determination; evidence of parental abuse; visitation...........................................................SB 26 Child Fatality Review Process; investigations; additional procedures........................................................SB 484 Crimes Against Children; offenders on probation; supervision time...........................................................SB 126 Cruelty to Children; family violence battery; enhanced penalty...................................................................SB 481 DFACs; directors; removal for cause; issue report of child abuse complaints........................................HB 1406 Evidence; victims under age 16; admissible testimony..................................................................................SB 214 Georgia Child Advocate Act; create Office of the Child Advocate. ............................................................SB 500 Offense of Obscene Telephone Contact With a Child; penalties.................................................................HB 712 Physical and Sexual Abuse of Children; committee to study........................................................................SR 655 Terrell Peterson Act; child suspected of being in imminent danger; protective custody by physician..SB 315

CHILD CARE (Also See Human Resources) Child Care Providers; state funded programs; goals; accountability...........................................................HR 851 Childhood Care and Education; state policy goals; urge compliance...........................................................SR 480 Childhood Care; state funded education programs; policies; goals..............................................................SR 788 Day Care Centers; no smoking signs.................................................................................................................SB 380 Day Care Facilities; Childhood Lead Exposure Control Act........................................................................HB 904 Primary Caregiver for Child Under Age 4; jury duty exemption................................................................... HB 39

CHILD CUSTODY Best Interest of the Child; participation of great-grandparents .....................................................................SB 137 Cases Involving Child Abuse or Family Violence; public records...............................................................SB 378 Determination; evidence of family violence or abuse.......................................................................................SB 26 Discretion of Court in Custody Disputes; children ages 11 to 14. .............................................................HB 1133 Non-custodial Parent Visitation in Non-intact Families; urge judges adopt appropriate policies...........SR 786 Non-custodial parents; standard minimum visitation award guidelines......................................................SB 402 Paternity Orders; effect of establishing legitimacy of a child..........................................................................SB 96 Student Enrollment in a Charter School; temporary legal custody...............................................................SB 310

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2666

JOURNAL OF THE SENATE

CHILD SUPPORT (Also See Domestic Relations) Inheritance From Children Born Out of Wedlock; paternal kin...................................................................HB 366 Juvenile Courts; authority to determine and enforce child support................................................................SB 70 Paternity Orders; effect of establishing legitimacy of a child..........................................................................SB 96 Payments Made for Support; dishonored checks; handling fees................................................................HB 1257 Sending Notices by Certified Mail or Statutory Overnight Delivery...........................................................SB 436
CHILDERS, REVEREND J. DOUGLAS; commend...................................................................................SR 792
CHILDREN (See Minors)
CHILDREN & YOUTH SERVICES DEPARTMENT (See Juvenile Proceedings)
CHILDREN AND TEACHERS RIGHT TO SAFE SCHOOL HEALTH ACT .........................SB 14
CHIROPRACTORS License Revocation; acts or omissions under investigation; disclosure. .....................................................SB 483 Scope of Practice Under the Acupuncture Practice Act.................................................................................HB 814 Violations of Regulations; changes in disciplinary sanctions.......................................................................SB 513 Volunteers in Health Care Specialties Act; retirees; special licenses .......................................................HB 1352
CHURCHES Crimes Against Persons Because of Religion; enhanced penalties..............................................................SB 153 Persons Whose Face is Covered Based on Religious Beliefs........................................................................SB 482 Sales of Donated Used Motor Vehicles for Charity........................................................................................SB 317
CITIES (See Municipalities or Local Government)
CIVIL ACTIONS (Also See Civil Practice or Torts or Courts) Case Filings and Disposition Information Forms; electronic format............................................................SB 176 Civil Litigation Improvement Act; judgments; supersedeas bond requirements; appeals; corporate
venue; Transfer of actions .............................................................................................................................HB 1346 Court documents; filing of electronic records in lieu of paper. .....................................................................SB 472 DeJulio, et al. v. State of Georgia, et al.; requesting Attorney General provide legal representation....SR 570 Equities of Redemption Following Tax Sales; removal of clouds on title; quia timet...........................HB 1354 Foreign Judgments; punitive damages; appeals; supersedeas bonds............................................................SB 487 Jurisdiction of the State; doctrine of forum non conveniens.........................................................................SB 124 Magistrate Court; actions relating to landlord and tenant; name of obligee.............................................HB 1326 Notice of Lawsuit and Request for Waiver of Service of Summons...........................................................HB 708 Notices by Certified Mail or Statutory Overnight Delivery...........................................................................SB 436 Persons Injured While Committing Felony, Uninsured Motorists Driving DUI or Revoked Licenses;
limit recovery of damages ................................................................................................................................SB 396 Recovery of Damages to Dwellings Due to Synthetic Exterior Siding; time limits; Stucco Bill...........HB 837 Service on Minors Outside the State; registered or certified mail or statutory overnight delivery.........SB 436 Tort Immunity; grounds; criminal activity of a perpetrator of crime............................................................SB 303 Uniform Fraudulent Transfers Act; debtor and creditor relations................................................................HB 257
CIVIL DEFENSE (See Emergency Management or Military Affairs)
CIVIL LITIGATION IMPROVE ACT OF 2000; enact..........................................................................HB 1346
CIVIL PRACTICE (Also See Courts) Case Filings; disposition information; electronic format, media...................................................................SB 176 Court Documents; electronic records in lieu of paper documents................................................................SB 472 Notices by Certified Mail or Statutory Overnight Delivery...........................................................................SB 436 Uniform Fraudulent Transfers Act; debtor and creditor relations................................................................HB 257

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2667

CLARKE CENTRAL HIGH SCHOOL, NATIONAL MOCK TRIAL Championship; commend..SR 391
CLAY COUNTY; Board of Commissioners; selection and terms .............................................................HB 1259
CLAYTON COUNTY Funding Bus Transportation System from Sources Other Than Ad Valorem Property Taxes;
Advisory Election...............................................................................................................................................SB 505 MARTA; Board of Directors; change composition........................................................................................SB 502 State Court; Office of Clerk created................................................................................................................HB 1006
CLELAND, MAX, U.S. SENATOR; recognized ............................................................................................ Page 3
CLIBURN, REVEREND DOCTOR EDWAIN L.; honoring.....................................................................SR 493
CLINE, CAPTAIN BOYD DNR Aviation Unit; commend............................................................................................................................SR 492 DNR Helicopter Pilot; Peace Officers' Association Award; commend .......................................................SR 423
COASTAL RESOURCES Annexation of Any or All Portions of Unincorporated Islands..................................................................HB 1439 Coastal Tourism Study Committee; create........................................................................................................SR 770 Coastal Waters; monitoring of pollutants; documentation; sampling...........................................................SB 473 Fishing; taking fish by means of a gill net prohibited..................................................................................HB 1124 Gray's Reef and Fishery Off of Sapelo Island; urge NOAA adopt new management plan;
continue public access......................................................................................................................................HR 816 Land and Water Conservation Fund; urge Congressional support...............................................................SR 242 Salt-water; commercial fishing trawlers; whiting possession limits.............................................................SB 159 Savannah River; noncommercial fishing for catfish with bow and arrows..............................................HB 1320 Surface Water Withdrawal, Impoundment; aquifer storage prohibited.........................................................SB 48
COBB COUNTY Ad Valorem Homestead Exemption; Property Taxpayer Reassessment Relief Act...............................HB 1166 Board of Commissioners; compensation........................................................................................................HB 1497 Cobb County Commission on Children and Youth; extend to 2003............................................................SB 533 Cobb Judicial Circuit; superior court; judges; salary supplement..............................................................HB 1527 Community Improvement Districts; purposes; public transportation..........................................................SB 135 MARTA; Board of Directors; change composition ........................................................................................SB 502 Office of Tax Commissioner; compensation of personnel..........................................................................HB 1399 Office of the Sheriff; personnel compensation. ............................................................................................HB 1485 Probate Court; judge and clerk; compensation..............................................................................................HB 1624 State Court; additional judge; second division..............................................................................................HB 1572 State Court; chief judge, judges, associate judges; compensation................................................................SB 508 State Court; clerk, chief deputy clerk; compensation ..................................................................................HB 1420 State Court Second Division; additional judge..............................................................................................HB 1288 State Court; solicitors; compensation .............................................................................................................HB 1407 Superior Court; deputy clerk; compensation.................................................................................................HB 1614
COBB FAMILY RESOURCES DAY AT STATE CAPITOL; honoring ...............................................SR 805
COBB JUDICIAL CIRCUIT Superior Court; additional judge......................................................................................................................HB 1425 Superior Court Judges; salary supplement .....................................................................................................HB 1527
COCHRAN, CITY OF; new charter...............................................................................................................HB 1731

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2668

JOURNAL OF THE SENATE

COCUS, TREY; 4-H Leadership; commend.....................................................................................................SR 436
CODE OF GEORGIA Code Revision and Modernization; reenact statutes....................................................................................HB 1262 Elections; OCGA Code Title 21; correct errors, omissions ........................................................................HB 1260 Juveniles Proceedings; reorganization of OCGA Title 15, Chapter 11.....................................................HB 1112 Retirement; OCGA Code Title 47; correct errors, omissions.....................................................................HB 1258 State, Local Agencies; limit regulations that have economic impact.............................................................SB 78 Terms; define and authorize; notices by statutory overnight delivery.........................................................SB 436

COFFEE COUNTY Designate; Corporal Howell Cobb Dees Bridge over Wiggins Creek..........................................................SR 623 Property Conveyance; former GBI location in City of Douglas...................................................................SR 502
COHUTTA, CITY OF; Corporate Limits; annexation................................................................................HB 1747
COHUTTA WILDLIFE MANAGEMENT AREA; property exchange; U.S. Forestry Service. .........SR 503
COINS OR CURRENCY; Sales Tax Exemption; transactions by dealers in coins or currency........HB 1210
COLEMAN, CITY OF; new charter; incorporation; boundaries..............................................................HB 1283
COLEMAN, REPRESENTATIVE TERRY; designate Hooks-Coleman Auditorium.............................SR 87
COLLEGES AND UNIVERSITIES (Also See Education or University System) Assault or Battery Upon a Sports Official, Umpire, Referee; penalty........................................................HB 265 Athlete Agents; contract solicitation; loss of intercollegiate eligibility....................................................HB 1323 Biomedical, Biotechnical Research; Georgia Medical Center Authority Act............................................SB 440 Charitable Gift Annuities of Cash or Property; disclosures; notices...........................................................SB 300 Full-time Students; excusing or deferring from jury duty............................................................................... HB 39 Georgia Military College; budget requests; appropriation of funds............................................................HB 840 Higher Education Expense; family tuition savings plan..............................................................................HB 1189 HOPE Scholarship Program; eligible Alabama Independent High Schools............................................HB 1306 HOPE Scholarship Program; students in a home study program. .................................................................SB 532 HOPE Scholarships and Grants; eligible private high school students........................................................SB 452 HOPE Scholarships, Grants; eligible students in certain Private high schools.......................................HB 1591 Law Schools; Third-year Law School Student Public Defender Act ...........................................................SB 304 Medical Education, State Board; administrative staffing..............................................................................HB 260 PROMISE Teacher's Scholarships; eligibility; grade point average. ........................................................HB 1619 Rape Prevention and Personal Safety Education Program............................................................................HB 171

COLONIAL PIPELINE; Property Conveyance; easement areas; Floyd County.....................................SR 516 COLQUITT COUNTY; County Administrator; discretionary purchases ...............................................HB 1559

COLUMBIA COUNTY Advisory Referendum to Determine Form of Government.........................................................................HB 1736 Board of Education; compensation .................................................................................................................HB 1714 Designate; B. Edward Tankersley Memorial Bridge......................................................................................HR 882 Probate Court Judge, Tax Commissioner, Superior Court Clerk; salaries................................................HB 1717 Sheriff; salary calculation..................................................................................................................................HB 1735 Superior Court; Augusta Judicial Circuit; judges' salary supplement.......................................................HB 1738

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INDEX

2669

COLUMBUS, CITY OF Columbus Chamber of Commerce; delegation recognized in Senate .....................................................Page 1352 Columbus-Muscogee County Consolidated Government; tax and service districts...............................HB 1297 Columbus-Muscogee County Government; ordinance violations; penalties ...........................................HB 1542 Columbus Water Works for National Recognition; commend......................................................................SR 473 Designate; Primus King Highway; portion State Route 22 Spur................................................................HR 1211
COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS Designate; B. Edward Tankersley Memorial Bridge; Columbia County ...................................................HR 882 Designate; Bernie Bourdon Memorial Bridge over I-20.................................................................................SR 388 Designate; Brett C. Dickey Bridge; Gilmer County.......................................................................................HR 881 Designate; Charles Durst Memorial Highway; Toombs County ..................................................................SR 183 Designate; Chas. F. Warnell, Sr. Highway; Bryan County............................................................................SR 787 Designate; Chas. F. Warnell, Sr. Highway; Bryan County.........................................................................HR 1188 Designate; Claude Roscoe Nash Memorial Bridge; Dodge County..........................................................HR 1016 Designate; Corporal Howell Cobb Dees Bridge; Coffee County.................................................................SR 623 Designate; Corporal Howell Cobb Dees, USMC, Bridge; Coffee County...............................................HR 1231 Designate; Cynthia McKinney Parkway; DeKalb County..........................................................................HR 1231 Designate; Dewey D. Vaughn Memorial Bridge; Austell ..............................................................................SR 472 Designate; Dewey Pendley Bridge; Hiram........................................................................................................SR 235 Designate; Falcon Parkway; portion Atlanta Highway; Hall County ..........................................................SR 646 Designate; Fluis and Frances Lairsey Intersection; Pierce County............................................................HR 1188 Designate; Foster Family Bridge; Paulding County..........................................................................................SR 42 Designate; Fred Bentley, Sr. Bridge; Cobb County.......................................................................................HR 849 Designate; Fred Moody Highway; Jeff Davis County.................................................................................HR 1150 Designate; Herman H. Watson Memorial Bridge; Paulding County .............................................................SR 41 Designate; Hooks-Coleman Auditorium; new Capitol Education Center. ....................................................SR 87 Designate; Horace E. Tate Freeway; Fulton County.......................................................................................SR 542 Designate; Howard T. Overby National Guard Armory; Gainesville. .....................................................HR 1008 Designate; James E. 'Billy' McKinney Highway; Fulton County.................................................................SR 484 Designate; James E. Williams Bridge; Byron, Peach County....................................................................HR 1231 Designate; James T. Williams Intersection; Pickens County .....................................................................HR 1059 Designate; James Wendell George Parkway; Atlanta.....................................................................................SR 483 Designate; John A. Trask Highway; Macon County......................................................................................HR 436 Designate; John F. Lawler Memorial Bridge; Cherokee County.................................................................HR 792 Designate; Jonathan Jackson McCants Bridge; Taylor County....................................................................SR 403 Designate; Jondelle Johnson Drive; Northside Drive, Atlanta ......................................................................SR 232 Designate; J.W. Orr Memorial Highway; Barrow County..........................................................................HR 1207 Designate; Kennedy Bridge over Bear Creek; Terrell County......................................................................SR 515 Designate; Larry McClure Scenic Highway; Rabun County........................................................................HR 840 Designate; Leroy Johnson-Fulton Industrial Boulevard.................................................................................SR 541 Designate; Marguerite Neel Williams Memorial Highway; Thomas County............................................HR 928 Designate; Myrtice McGarrah McMichael Bridge; Marion County ............................................................SR 623 Designate; Official Gardens and Nature Centers of Georgia ......................................................................HB 1322 Designate; Official State Repository, State Law Library to receive local codified ordinances...............SB 295 Designate; Official State Transportation History Museum; Southeastern Railway Museum; Duluth..HB 361 Designate; Paul Byrd Highway; Jeff Davis County.....................................................................................HR 1151 Designate; Paul Heard Highway; Fayette County ..........................................................................................HR 927 Designate; Paul Warwick, Jr. Memorial Highway; Brunswick....................................................................HR 897 Designate; Pierce Jackson Ferguson Memorial Highway; Lincoln County...............................................HR 754 Designate; Prater's Mill Parkway; Whitfield County...................................................................................HR 1046 Designate; Primus King Highway; Columbus, Muscogee County............................................................HR 1211 Designate; P.V. Stripling Memorial Highway; Metter....................................................................................SR 137 Designate; Ralph Mark Gilbert Civil Rights Museum; Savannah................................................................SB 224 Designate; Ralph Morgan Parkway; Whitfield County...............................................................................HR 1045 Designate; Rankin Smith Interchange; Hall County .......................................................................................SR 653

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2670

JOURNAL OF THE SENATE

COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS (Continued) Designate; Rankin Smith Interchange; Hall County....................................................................................HR 1231 Designate; Raymond Lester Bridge; Rockmart ................................................................................................SR 236 Designate; Robert C. Jones Memorial Highway; Jenkins County...............................................................HR 884 Designate; Robert L. Williford Memorial Highway; Elbert County..............................................................SR 31 Designate; S.G. Maddox Highway; Early County...........................................................................................SR 666 Designate; Ted Taft Copeland Dam; Lumpkin County..................................................................................SR 624 Designate; Tom Triplett Parkway; Chatham County.....................................................................................HR 756 Designate; Toombs Taylor Morgan Memorial Bridge; Dooley County.....................................................HR 621 Designate; Travis Tritt Highway; Paulding County.......................................................................................HR 849 Designate; Veterans Memorial Highway; Douglas County..........................................................................HR 849 Designate; Williamson S. Stuckey, Sr., Highway; Dodge County...............................................................SR 638 Naming Property Owned by State for a Living Official; prohibit.................................................................SB 183
COMMERCE AND TRADE (Also See Professions and Businesses) Aerospace Development, Commercial Space Activities and Telecommunications Technology
Study Commission...............................................................................................................................................SR 15 Agriculture; Cooperative Marketing Associations; members; bylaws......................................................HB 1141 Alcoholic Beverage Licensees; sales to underage persons; penalty.............................................................SB 246 Alcoholic Beverage Sales on Cruise Ships; authorize..................................................................................HB 1383 Alcoholic Beverage Sales on Election Days..................................................................................................HB 1339 Alcoholic Beverages; prohibited sales; housing authority properties. authority........................................SB 485 Assisted Living Facilities; define, regulate, license facilities........................................................................SB 131 Banks and Lending Institutions; license to sell insurance.............................................................................HB 656 Brewer-Wholesaler Licensee Relations; limited partnerships.......................................................................SB 460 Brokerage Relationships in Real Estate Transactions Act; revise. ...............................................................SB 425 Business Corporations; authorized shares; voting agreements; articles of incorporation; directors.......SB 397 Business Corporations; documents; electronic filing........................................................................................SB 23 Businesses Engaged Tourism or Commercial or Retail Sales or Service; financing by Georgia
Housing and Finance Authority.......................................................................................................................SB 400 Businesses Purchasing Electric Vehicle Chargers or Diesel Particulate Emission Reduction
Equipment; Income Tax Credits.....................................................................................................................HB 801 Businesses Requesting Criminal History Record of Felony Convictions..................................................HB 613 Cemetery and Funeral Services Act of 2000; enact......................................................................................HB 1609 Commercial Fishermen; fuel; exempt state sales tax.........................................................................................SB 81 Consumer Transaction Documents by Statutory Overnight Delivery..........................................................SB 436 Dairy Products; retail sales; branded cans, bottles, receptacles.................................................................HB 1139 Day Trading Securities Firms; disclosures; unlawful practices.....................................................................SB 444 Dealers in Precious Metals or Coins or Currency; certain sales exempt sales tax. .................................HB 1210 Deposit Account Fraud; dishonored instruments; handling fee..................................................................HB 1389 Developing Technological Advances; new enterprises; Seed-Capital Fund............................................HB 1629 Documents and Notices; dispatch by Statutory Overnight Delivery............................................................SB 436 Electronic Commerce; Georgia Technology Authority established.............................................................SB 465 Electronic Commerce Study Committee. ..........................................................................................................SB 465 Employment Wages; increase minimum wages..............................................................................................HB 549 Fair Business Practices; funeral services or burial merchandise...................................................................SB 462 Food Sales Establishments; license exemption................................................................................................SB 331 Food Sales; roadside stands, wholesale sandwich or salad manufacturers; vending machines...............SB 375 Foreign Corporations; in-state customer service office location...................................................................SB 320 Gasoline Stations; dispensing price for Persons with Disabilities...............................................................HB 496 Georgia Ports Authority; additional members..................................................................................................SB 435 Health Care Goods or Services; non-insurance discount cards; deceptive acts......................................HB 1286 Heavy Equipment Dealers; exempt certain property insurance requirement. .........................................HB 1219 Income Tax Credits; businesses manufacturing cigarettes for foreign export.........................................HB 1455 Internet, Electronic Consumer Sales; sales tax equity; in-state merchants and out-of-state sellers .......HR 973 Interstate, Intrastate Commerce; vehicle regulation, registration....................................................................SB 87

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2671

COMMERCE AND TRADE (Continued) Jobs Tax Credits; qualified businesses; Revenue Commissioner duties.....................................................HB 524 Jobs Tax Credit; establishment or relocating business headquarters........................................................HB 1134 Leaf Tobacco Sales; contracts between tobacco companies and growers................................................HB 1245 Loan Sharking; criminal offense of unlicensed commercial lenders............................................................SB 294 Loan Sharking; criminal offense of unlicensed commercial lenders.........................................................HB 1389 Mobile Home Dealers Engaged in Selling; ad valorem taxation.................................................................HB 623 Motor Common Carriers; certificate of insurance in lieu of bond................................................................SB 408 Motor Vehicle Dealership Franchises; agreement rights; prohibited acts; franchises, manufacturers .....SB 88 Motor Vehicle Dealerships and Franchises; change in ownership..............................................................HB 415 Motor Vehicle Dealerships, Franchises, Warranties; notices by statutory overnight delivery................SB 436 Motor Vehicles Dealers; issuance of temporary license plates....................................................................HB 823 Organic Food and Feed; Georgia Organic Certification and Labeling Act.................................................SB 477 Preneed Funeral Services, Cemetery Owners; Georgia Cemetery and Funeral Services Act of 2000. ..SB 462 Professional Licensing Boards Division within Office of Secretary of State created..............................HB 734 Promotional Offers; unfair practices; requiring payment of fees.................................................................HB 467 Public Accommodations; access or admission; motorcyclists......................................................................SB 535 Public Places; use of guide or service dogs by disabled persons...............................................................HB 1256 Restaurants; food safety; food protection manager certification.....................................................................SB 60 Retail Consumer Sales Via Electronic Commerce by Licensed Grocers.....................................................SB 434 Retail Sales; Cigarettes or Tobacco Product Display location......................................................................SB 380 Retail Sellers; buyers submitting dishonored checks; handling fees.........................................................HB 1257 Retail Sellers; Installment Contract or Revolving Account; check dishonor fees.....................................SB 379 Sales Tax Collections; urge equity for all sellers; traditional or Internet and Electronic Commerce .....SR 538 Seed-Capital Fund Managed by Advanced Technology Development Center and
Attached to Board of Regents.......................................................................................................................HB 1629 Self-service Storage Facilities; rental agreements; occupant default of payment; liens..........................HB 817 Selling Unauthorized Badges Used by Public Safety Officers; penalty......................................................SB 155 Telecommunications Industry; technology disparities in certain communities; joint task force.............SR 626 Telemarketing Sales Solicitations; required conduct of callers....................................................................HB 542 Telephone Solicitation Prohibitions Not Apply Insurance or Real Estate Salespersons.........................HB 432 Telephone Solicitors; violation; conceals or misrepresents identity or number. .....................................HB 1492 Theft by Shoplifting, Cheating or Defrauding Retail Merchants..................................................................SB 307 Ticket Brokers Reselling Tickets of Admission; regulation.........................................................................HB 331 Trade, Corporate, Business Owner Name; ad valorem tax returns...............................................................SB 189 Vending Machines; eliminate sales of tobacco products; compensation.....................................................SB 461 Vidalia Onions and Products; trademarks; promotional fees......................................................................HB 1142 Wine Shipped to Consumers from Out-of-State; special order licenses...................................................HB 1273 Workers' Compensation; insurance premium discounts; conditions............................................................SB 470
COMMERCIAL CODE; Documents, Notices by Statutory Overnight Delivery.....................................SB 436
COMMISSIONS, BOARDS Appropriations, General SFY 2000-2001.......................................................................................................HB 1160 Blue Ribbon Commission on State Government Decentralization...............................................................SR 490 Board of Motor Vehicle Safety Created.........................................................................................................HB 1441 Claims Advisory Board; powers; payable claims against the state. ............................................................HB 815 Commission on Men's Health; create..............................................................................................................HB 1235 Compensated Lobbyists; ineligible membership on any state board, commission or committee ...........SB 384 Council on the Deaf; change membership........................................................................................................HB 172 DUI; problems of drunken driving; state commission to study ....................................................................SR 134 Environmental Protection Division Agricultural Advisory Committee....................................................HB 1182 Ethics Laws; mandatory training session for General Assembly..................................................................SB 520 General Assembly Commission on Juvenile Gangs........................................................................................SR 491 Georgia Aviation Hall of Fame; designate as official repository................................................................... HB 76 Georgia Commission on Women; staggered terms; absences; residency...................................................HB 658

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2672

JOURNAL OF THE SENATE

COMMISSIONS, BOARDS (Continued) Georgia Council for the Hearing Impaired; create...........................................................................................SB 363 Georgia Greenspace Commission and Trust Fund; creation.........................................................................SB 399 Georgia Information Technology Policy Council; successor Authority......................................................SB 465 Georgia Rail Passenger Authority Overview Committee; membership......................................................HB 455 Georgia Sports Hall of Fame Authority; increase membership.......................................................................SB 76 Georgia Technology Authority; establish.........................................................................................................SB 465 Joint Study Commission on the Use of Existing and Potential Technology by the Department of Juvenile Justice. .............................................................................................................................................SR 406 Joint Task Force on Technology Disparities in Telecommunications.........................................................SR 626 Lake Sidney Lanier Watershed Governance Council Act...........................................................................HB 1562 Land, Water, Wildlife and Recreation Heritage Fund Advisory Council........................................................ SB 4 Members Exempt Georgia Defined Contribution Plan................................................................................HB 1148 Motor Vehicles Purchased With Public Funds; identifying markings........................................................HB 648 Professional Licensing Boards Division within Office of Secretary of State created..............................HB 734 Psychiatric Medication of School-Age Children, Commission on............................................................HR 1079 Public Entities Issuing Bonds, Notes or Obligations; filing reports............................................................HB 964 Regional Development Centers and Metropolitan Area Planning and Development Commissions; Joint Committee to Study.................................................................................................................................SR 637 Renal Dialysis Advisory Council; establish....................................................................................................HB 646 Rules, Regulations; time limits for giving notices; publication in print or electronically.........................SB 439 Soil Erosion and Sediment Control Overview Council; create......................................................................SB 524 State Board of Registration for Professional Engineers and Land Surveyors; increase membership.....SB 430 State Board of Technical and Adult Education; expenses and travel costs..............................................HB 1230 State Commission on Drug Addiction................................................................................................................ HR 96 State Commission on Family Violence; extend to Year 2002. ......................................................................SB 383 State Councils, Commissions, Boards, Committees; review committee. ....................................................SR 152 State Examining Boards; members; state residency requirement................................................................HB 351 State Personnel Oversight Commission; membership; terms........................................................................SB 463 State Properties; space management; inventory leased spaces.....................................................................HB 630 State Records Management Committee; Secretary of State appointee.....................................................HB 1363 State Regulatory Responsibility Act; federal mandates; guidelines.............................................................SB 394 State-wide Child Abuse Prevention Panel; membership; Office of Child Advocate. ............................HB 1422 Water and Wastewater Treatment Plant Operators and Lab Analysts, State Board. .............................HB 1251

COMMITTEES, STUDY (Also See Commissions, Boards) Aerospace Development, Commercial Space Activities and Telecommunications Technology
Study Commission...............................................................................................................................................SR 15 Boat and Motor Title and Ad Valorem Taxation Study Committee.............................................................SR 569 Certificate of Need for Long-term Care Facilities Study Committee...........................................................SR 613 Child Advocate Advisory Committee; effectiveness of Office of Child Advocate................................HB 1422 Clinical Trial Programs, Treatment of Adult Cancer, Study Committee.....................................................SR 276 Coastal Tourism Study Committee.....................................................................................................................SR 770 Committee for Celebration of 250 Years of Representative Government................................................HR 1208 Committee on School Transportation, Nutrition and Support Personnel. ...................................................SR 374 Education Information Steering Committee to Implement State-wide System. ......................................HB 1187 Electronic Commerce Study Committee; monitor pilot projects and provide technical assistance........SB 465 Georgia Art Policy Committee; create; state capitol art collection............................................................HB 1197 Georgia DUI Study Commission......................................................................................................................... HR 13 Georgia DUI Study Commission........................................................................................................................SR 134 Georgia Medical Center Authority Overview Committee..............................................................................SB 440 Hall County Property Assessment Freeze Study Committee.........................................................................SR 659 Hospital Indigent Care Funding, Joint Study Committee...............................................................................SR 556 Independent Review of Proposals for Changes in Scope of Practice of Health Care Professionals......HB 586 Indigent Care Trust Fund Study Committee.......................................................................................................SR 35

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INDEX

2673

COMMITTEES, STUDY (Continued) Joint Fulton-DeKalb Hospital Authority Overview Committee....................................................................SR 416 Joint Highway Safety Study Committee............................................................................................................. HR 82 Joint Long-Term Care Industry Study Committee..........................................................................................HR 850 Joint Study Commission on the Use of Existing and Potential Technology by the Department of Juvenile Justice. .......................................................................................................................SR 406 Joint Study Committee on Art Policies for the Capitol and Governor's Mansion....................................HR 330 Joint Study Committee on Historic Local Government Records...............................................................HR 1011 Joint Study Committee on Regional Development Centers and Metropolitan Area Planning and Development Commissions.....................................................................................................SR 637 Joint Study Committee on the Prevention and Emergency Care of Injuries in Georgia. ..........................SR 459 Joint Study Committee on Urban Road Building Guidelines.....................................................................HR 1051 Joint Study Committee on Water Management and Allocation....................................................................SR 175 Joint Task Force on Technology Disparities in Telecommunications.........................................................SR 626 Joint Temporary Motor Vehicle License Plate Study Committee...................................................................SR 91 Joint West Georgia River Protection Act Study Committee.........................................................................HR 215 Lake Lanier Watershed Study Committee. .......................................................................................................SR 284 Local Law Enforcement Salaries, Benefits; urge legislative study..............................................................SR 769 Manufactured Housing Joint Committee..........................................................................................................HR 154 Mental Health, Mental Retardation, and Substance Abuse Service Delivery Study Committee...............SR 32 Pain Management for the Terminally Ill Advisory Committee.......................................................................SB 38 Petroleum Industry Study Committee................................................................................................................SR 644 Rural Hospitals Study Committee. .....................................................................................................................SR 794 School Enrollment Eligibility Date Study Committee....................................................................................SR 129 School Health Care Study Committee. ..............................................................................................................SR 344 Scope of Health Care Practice Study Committee.............................................................................................SR 123 State Commission on Drug Addiction................................................................................................................ HR 96 Study Committee on Abuse of Children............................................................................................................SR 655 Study Committee on Effectiveness and Efficiency in State Government....................................................SR 180 Study Committee on Linked Deposit Loan Programs.....................................................................................SR 351 Study Committee on Social Promotion Elementary, Secondary Students..................................................SR 256 Study Committee on State Councils, Commissions, Boards and Committees...........................................SR 152 Study Committee on the Mental Health Care Delivery System. .....................................................................SR 23 Study Committee on the Operation of the Georgia War Veterans Home....................................................SR 244 Teacher Morale Study Committee......................................................................................................................SR 618

COMMUNITY AFFAIRS DEPARTMENT Annexations, De-annexations; filing; identification of properties. ...........................................................HB 1439 Grants to Counties or School Boards; requirement; Equity in Sports Act...............................................HB 1308 Historic Preservation Districts Designation Process; inventory...................................................................HB 509 Job Tax Credits; qualified businesses; Revenue Commissioner duties......................................................HB 524 Local Government Accounting System; conversion to uniform chart of accounts................................HB 1321 Local Governments; adoption of uniform charts of accounts........................................................................SB 367 Metropolitan Area Planning and Development Commissions; membership ..............................................SB 369 Regional Development Centers; legislative ratification of boundary transfers;
Johnson and Emanuel Counties......................................................................................................................HR 121 Reports From Public Entities Issuing Bonds, Notes or Obligations............................................................HB 964 State Community Development Grant and Loan Program; create.............................................................HB 1413 State Medical Education Board; employment of staff....................................................................................HB 260
COMMUNITY HEALTH CENTERS DAY; recognizing...........................................................................SR 398

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2674

JOURNAL OF THE SENATE

COMMUTER TRANSPORTATION SERVICES Georgia Rail Passenger Authority Overview Committee; membership......................................................HB 455 High Speed Rail for Atlanta to Chattanooga; state planning, involvement..............................................HB 1348 Income Tax Credit; employer provided transportation fringe benefits.....................................................HB 1134 Mass Transportation Facilities; use of special county 1% sales tax proceeds.........................................HB 1303 Mass Transportation System Capital Projects; authority of DOT................................................................HB 585 Railway Passenger Service Corridors Specified for Planning, Development..........................................HB 1348 Urban Road Building Guidelines, Joint Committee to Study Designs to accommodate pedestrians..HR 1051

COMPENSATION RESOLUTIONS Claims Against the State; Anthony S. McCoppin.........................................................................................HR 1050 Claims Against the State; Calvin C. Johnson, Jr...........................................................................................HR 1053 Claims Against the State; Ellmer Clyde Little.................................................................................................HR 875 Claims Against the State; Robert Sanford........................................................................................................HR 976 Claims Against the State; Shirley Free .............................................................................................................HR 874 General Assembly; introduction of resolutions relative claims; deadlines; small claims payments......HB 815
COMPULSORY SCHOOL ATTENDANCE Mandatory School Attendance; change ages; exception.................................................................................SB 360 Public Schools; re-enrollment eligibility after reaching age 18....................................................................HB 550 School Enrollment Eligibility Date Study Committee....................................................................................SR 129 Students Assigned Alternative School Programs; compliance.....................................................................HB 114 Summer School; students attending alternative school or suspended..........................................................SB 406
COMPUTERS (See Electronic or Telecommunications
CONDITIONED AIR CONTRACTORS; unlicensed persons; unlawful actions..................................HB 816
CONDOMINIUMS; Rental Property; occupancy restrictions; number of persons...................................SB 537
CONFLICTS OF INTERESTS (See Ethics or Elections)
CONGRESS, U.S. (Also See Federal Government) Urge Address Risks Associated with Nuclear Fuel Shipments, Terrorism. ................................................SR 517 Urge Allow Medicaid Disproportionate Share Hospitals to Benefit Rural Community...........................SR 592 Urge Appropriate Funds to Offset Peanut Crop Program Losses.................................................................SR 478 Urge Approve Proposed State and Local Government Economic Empowerment Act.............................SR 539 Urge Enactment of National Forensic Sciences Improvement Act..............................................................SR 525 Urge Ensure Accurate 2000 Census Count for Legislative Redistricting....................................................SR 205 Urge Lifetime Health Care Benefits for Military Retirees.............................................................................SR 511 Urge Renegotiate Kyoto Protocol; Global Warming, Emission Controls...................................................SR 230 Urge Restore Lifetime Health Care Benefits to Military Retirees...............................................................HR 935 Urge Revise Federal Safety Standards for Motorcycle Helmets...................................................................SR 231 Urge Sales Tax Equity Between In-state Merchants and Internet Sellers..................................................HR 973 Urge Support Land-Water Conservation Fund, Land Legacy Initiatives....................................................SR 242
CONSERVATION OR NATURAL RESOURCES (See Natural Resources or Environmental Protection)
CONSTITUTIONAL AMENDMENTS Enterprise Zone Tax Exemption, Credit, Reduction from School Taxes.....................................................SR 249 General Appropriations Acts; restrict amendments that increase.................................................................SR 451 General Assembly Members; suspension upon felony conviction...............................................................SR 411 Law Enforcement Officers and Firefighters; compensate for injuries.........................................................SR 204 Marine Vessels; ad valorem property taxation; rates, methods, assessment dates, classification..........SR 580 Public School Educators Killed or Injured in Line of Duty; indemnification; license plates to honor. HR 971

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2675

CONSTITUTIONAL AMENDMENTS (Continued) Residential Property; ad valorem taxation; freeze value until sold...............................................................SR 110 Senate; election of members; 4 year term of office. ........................................................................................SR 412 State Ad Valorem Taxes; eliminate levy on tangible property......................................................................SR 158 State Court Judges; eligibility; practice of law experience. ..........................................................................HR 268 State Highway Employees Killed or Disabled; indemnification...................................................................SR 519
CONSTITUTIONAL OFFICERS (See Public Officers and Employees)
CONSTRUCTION (Also see Contractors or Contracts) Building Code Compliance; inspections by professional engineers............................................................HB 151 Building Permits; code compliance; qualified inspectors.............................................................................HB 150 Civil Actions; recovery of damages to dwellings involving exterior siding; time limits; 'Stucco Bill' .HB 837 Conditioned Air Contractors; unlicensed persons; unlawful actions..........................................................HB 816 Contractors and Subcontractors; payment of sales taxes; bonding..............................................................HB 592 DOT or State Tollway or Highway Authority Projects; erosion and sediment control plans;
Overview Council...............................................................................................................................................SB 524 Land Development Permits; State Tree Protection Law standards.............................................................HB 557 Licensing; change definition; underground utility system work. ..................................................................SB 350 Publicly Funded Housing; permit requirements; accessible features...........................................................SB 443 Trade Tools, Implements of Manual Workers; exempt ad valorem tax. ....................................................... HB 20 Utility Contracting; licensing; sewage treatment systems; engineers may perform soil evaluations....HB 846
CONSUMER TRANSACTIONS (Also See Selling and Other Business Practices) Consumer Choice Negotiated Health Insurance Plan Act..............................................................................SB 526 Consumers Insurance Advocate; supervision of state ombudsman for mental health, mental retardation and substance abuse services.......................................................................................................SB 479 Day Trading Securities Firms; disclosures; unlawful practices.....................................................................SB 444 Foreign Corporations Offering Consumer Products; customer service........................................................SB 320 Gasoline and Diesel Fuel Prices; committee to study.....................................................................................SR 644 Non-insurance Discount Cards Selling Health Care Goods; deceptive practices...................................HB 1286 Promotional Offers; unfair practices; requiring payment of fees.................................................................HB 467 State, Local Agency Regulations; limit economic impact................................................................................SB 78 Telephone Service; proposed reconfiguration of toll-free calling areas subject review by PSC; Public Comments..............................................................................................................................................HB 507
CONTESTS; promotions requiring fee payment to receive prize prohibited.............................................HB 467
CONTRACTORS Building Code Compliance; inspections by professional engineers............................................................HB 151 Building Permits; code compliance; qualified inspectors.............................................................................HB 150 Conditioned Air; unlicensed persons; unlawful advertising; fines..............................................................HB 816 Payment of Sales Taxes; contractors and subcontractors; bonding.............................................................HB 592 Recovery of Damages to Dwellings Due to Installation of Synthetic Exterior Siding;
Time Limitations; 'Stucco Bill' .................................................................................HB 837 Utility Facility Protection Act; blasting and excavating operations..........................................................HB 1290
CONTRACTS Annuities; individual; nonforfeiture provisions; cash surrender benefits.................................................HB 1594 Athlete Agent Regulations; solicitation; prohibited contact with athlete. ................................................HB 1323 Counties and Municipalities; multiyear leases or lease purchases...............................................................SB 351 Counties, Municipalities; leases and purchases; property title. .....................................................................SB 106 Counties, Municipalities; multi-year lease, purchase agreements; limitations........................................HB 1450 Counties, Municipalities; water treatment or sewer systems; operation by private entities; competitive sealed proposals..........................................................................................................................HB 1404 County, Municipal Water and Waste-water Systems With Private Entity..................................................SB 448

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2676

JOURNAL OF THE SENATE

CONTRACTS (Continued) Documents, Notices by Statutory Overnight Delivery....................................................................................SB 436 Georgia Cemetery and Funeral Services Act of 2000; enact.........................................................................SB 462 Insurance; cancellation; contract or binder rendered void.............................................................................HB 818 Insurance Premium Finance Companies; cancellation of contracts.............................................................SB 438 Motor Vehicle Franchise Practices Act; agreement rights...............................................................................SB 88 Non-insurance Discount Cards Selling Health Care Goods; deceptive practices...................................HB 1286 Preneed Funeral Services; funds received; depository institutions...............................................................SB 431 Privatization Contracting of Governmental Services; conditions.................................................................SB 271 Privatization of Certain School Services; contracts; criteria..........................................................................SB 198 Public Works Construction Contracts; competitive award requirements.................................................HB 1079 Retail Installment or Revolving Account; check dishonor fees....................................................................SB 379 Surety Insurance; property; information required on contracts..................................................................HB 1381
CONTROLLED SUBSTANCES (Also See Drugs or Pharmacies or Crimes) Controlled Substances and Dangerous Drugs; change listing ....................................................................HB 1181 Crimes Involving Marijuana or Counterfeit Substances and Possession of Firearm or Knife; penalty .SB 450 DOT Enforcement Officers; use of dogs trained to detect contraband.......................................................HB 520 Drug Abuse Detoxification; certification of Auricular Acupuncturists.........................................................SB 86 Drug Addiction Treatment; long-range planning; state commission............................................................ HR 96 Drug Trafficking Convictions; when no appeal bond shall be granted.......................................................HB 500 Drug Trafficking or Possession; vicinity of housing project or park...........................................................HB 649 Drugs to Treat Mental Illness; prescription authority; psychologists..........................................................SB 202 Felony Trials of Chronic Drug Users; defendant's cooperation....................................................................SB 488 Prescription Authority; Therapeutically Licensed Optometrists..................................................................HB 577 Prescription Products Shipped Into State; Therapeutic Index Drugs...........................................................SB 239 Trafficking in Methamphetamine; where offenses are bailable....................................................................HB 408 Violations; forfeitures; notices by statutory overnight delivery....................................................................SB 436
CONYERS, CITY OF Ad Valorem Taxes; homestead exemption of $7,000.; referendum..............................................................SB 506 Municipal Court; change jurisdiction; punishments.......................................................................................SB 507
COOK COUNTY; Lenox, City of; new charter............................................................................................HB 1331
COOPERATIVE MARKETING ACT; agricultural associations; bylaws............................................HB 1141
COOSA HIGH SCHOOL'S TECHNOLOGY EDUCATION PROGRAM; commend......................SR 553
COPE, KARI; 4-H Leadership; commend.........................................................................................................SR 426
COPELAND, TED TAFT; name reservoir dam to honor; Lumpkin County.............................................SR 624
CORDELE, CITY OF; Cordele-Crisp County Fish Fry; recognizing.........................................................SR 554
CORINTH, CITY OF IN HEARD COUNTY; abolish as a municipality.................................................SB 428
CORISH, BRIGADIER GENERAL WALTER C. JR.; honoring............................................................SR 583
CORONERS (Also See Medical Examiners or Public Officers) Autopsies; retention of deceased body; disposition of specimens...............................................................SB 424
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Ad Valorem; conservation use property; ownership; family farm entities...............................................HB 1217 Ad Valorem Tax Returns; documentary evidence regarding owner names................................................SB 189 Business Corporations; articles of incorporation; shares; shareholder agreements; voting.....................SB 397

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INDEX

2677

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS (Continued) Business Corporations; electronic filing of documents....................................................................................SB 23 Civil Actions; summons to commence actions; manner of service..............................................................HB 708 Civil Litigation Improvement Act; venue in proceedings against a corporation....................................HB 1346 Documents, Notices by Certified Mail or Statutory Overnight Delivery.....................................................SB 436 Elementary and Secondary Education Assistance Corporation; create........................................................SB 517 Employment; increase minimum wages...........................................................................................................HB 549 Financial Institutions; definitions; requirements for licensing...................................................................HB 1231 Foreign Corporations; in-state customer service office location...................................................................SB 320 Housing Authorities; creation of subsidiary business corporations...........................................................HB 1419 Income Tax Credits; corporate income; affiliated entities ..........................................................................HB 1215 Income Tax Credits; depository financial institutions.................................................................................HB 1452 Insurers; certificate of authority; capital, assets requirements.......................................................................SB 492 Mutual or Stock Insurers; reorganization or merger requirements...............................................................SB 122 Nonprofit Hospitals; renewal of certain leases; exemption..............................................................................SB 54 Uniform Fraudulent Transfers Act; debtor and creditor relations................................................................HB 257
CORRECTIONS (Also See Inmates or Jails) Assault and Battery Upon a County Jail Officers; punishment.....................................................................SB 446 Commissioner; duties; acceptance of gifts, donations, bequests, property to benefit the department....SB 489 Criminal Detainers, Interstate Agreements; disposition of matters..............................................................SB 436 Department; inmates scheduled release date; victim notification..............................................................HB 1412 Employees; voter registration records; confidentiality of residence addresses..........................................SB 503 Felony Offenders; criminal history records request electronically..............................................................HB 613 Incarcerated Youth; integrated services; joint study commission.................................................................SR 406 Inmates; award of earned time allowances not automatic or mandatory.....................................................SB 429 Inmates; death penalty imposed as punishment; choice of electrocution or lethal injection....................SB 337 Inmates; escapees from confinement; criminal extradition orders.............................................................HB 1397 Inmates; Hard Time for Violent Felons Act; no sentence-reduction............................................................SB 476 Inmates; parole condition; uncompensated work with community service agency; unlawful allow
inmate used for private gain.............................................................................................................................SB 357 Inmates; Pretrial Intervention and Diversion Program....................................................................................SB 412 Jails; certified officers in County Jails; arrest powers.....................................................................................SB 445 Juveniles Committing Specified Crimes; penalties; incarceration................................................................SB 416 Obstruction of a Supervising Officer; unlawful to remove or attempt to remove their weapons...........HB 905 Pretrial and Diversion Programs Established as Rehabilitative Measures..................................................SB 474 Private Contractors; detention facilities; housing out-of-state prisoners; no government
agency liable for costs......................................................................................................................................HB 456 Private Facilities; employees practicing professional counseling.................................................................SB 516 Privately Owned Prisons; sales of inmate produced products; professional employee counselors........SB 417 Probation, Privatized Services; contracts; termination procedures...............................................................SB 357 Probation; privatized services; termination of contracts .............................................................................HB 1414
COSMETOLOGY; Licensure; regulate cosmetic skin care, nail care, beauty salons................................SB 95
COTTON PRODUCERS INDEMNITY FUND Claims; cotton ginners; agricultural products dealers, surety bonds............................................................SB 331 Claims for Additional Losses...........................................................................................................................HB 1277
COTTRELL, STAN; Ultra Distance Runner; urge support...........................................................................SR 497
COUNSELORS (Also see Professions and Therapists) Professional Counseling Specialty; separate standards committee for the state board.............................SB 457 Private Correctional Facilities; employees practicing professional counseling..........................................SB 516 Professional Licensing Exception; employees of private prisons.................................................................SB 417 School Social Workers; funding.........................................................................................................................SB 101

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2678

JOURNAL OF THE SENATE

COUNTIES (Also See Local Government) Accounting System; conversion to uniform chart of accounts...................................................................HB 1321 Ad Valorem; assessments; uniformity adjustments; appeals; municipalities located in
more than one county........................................................................................................................................SB 309 Ad Valorem; conservation use property; family farm entities....................................................................HB 1217 Ad Valorem; county school tax collections; distribution schedule..............................................................HB 518 Ad Valorem; exemption; trade tools of manual workers; referendum.......................................................... HB 20 Ad Valorem; homestead exemption; disabled veterans; maximum amount..............................................HB 684 Ad Valorem; motor vehicles; taxable valuation determination.....................................................................SB 312 Ad Valorem; motor vehicles; uniform evaluation; retail-wholesale averaging.......................................HB 1224 Ad Valorem; tax digest compilation; motor vehicles, mobile homes..........................................................HB 167 Ad Valorem Tax Digests; assessments under appeal or arbitration..............................................................SB 340 Ad Valorem; tax digests; revise property value assessment methods.........................................................HB 523 Ad Valorem Tax Returns; trade, corporate, business owner names.............................................................SB 189 Ad Valorem Taxes; mobile homes; location permits; dealer returns..........................................................HB 623 Ad Valorem Taxes; setting of Millage Rate; digest review compliance.....................................................HB 939 Air Quality in Non-attainment Areas; auto exhaust emission inspection, testing...................................HB 1423 Alcoholic Beverage Sales on Election Days..................................................................................................HB 1339 Annexation, De-annexation; comprehensive regulations; maps, surveys, reports..................................HB 1439 Authorities; appointed members; suspension upon felony indictment; removal upon conviction.........HB 401 Board of Jury Commissioners; duties; jury lists; ineligible persons............................................................SB 216 Boards of Health; inspections; food sales, service establishments...............................................................SB 375 Boards of Health; Mental Health Services; committee to study.....................................................................SR 32 Boards of Health; public swimming pools; permits; inspections....................................................................SB 30 Boards of Health; staffing; environmental health laws enforcement..............................................................SB 30 Building Permits; code compliance; inspectors; local amendments............................................................HB 150 City and County Service Delivery Strategies; dispute resolution process...............................................HB 1430 Codification of Ordinances, Resolutions; compilation; reproduction and distribution;
law library repositories......................................................................................................................................SB 295 Contracts; multi-year lease, purchase agreements; limitations...................................................................HB 1450 Contracts; multiyear lease or purchases; title to property..............................................................................SB 106 Contracts; multiyear leases or purchases; referendum approval....................................................................SB 351 Counties of 400,000 or Less; taxicab self-insurers; exception.....................................................................HB 809 Counties of 600,000 or More; repeal Act fixing salary of judges..............................................................HB 1541 Counties of 700,000 or More; collection and use of court costs..................................................................HB 853 County Jail Officers; membership in Peace Officers' Benefit Fund.............................................................SB 268 County Recorders' Court; jurisdiction; traffic violations cases....................................................................HB 423 Development Authorities Dissolved by Parent Government......................................................................HB 1205 DFACs; directors; removal for cause; staff salaries; annual report on child protective services.........HB 1406 Economically Depressed Areas; joint development authorities; business tax incentives;
government facility location..........................................................................................................................HB 1135 Election Returns Divided by Precinct; submit electronically to Secretary of State................................HB 1113 Elections; mobile special precincts; voting by early ballot............................................................................SB 235 Elections; opening and counting absentee ballots...........................................................................................SB 527 Eminent Domain Powers for Certain Utilities; procedures; consent............................................................SB 343 Eminent Domain Powers; sewage treatment and disposal system purposes..............................................SB 339 Excise Tax; hotel-motel; authorization with conditions for certain counties...........................................HB 1375 Excise Tax Levied for Certain Convention Facility; completion date......................................................HB 1149 Excise Tax Levy and Collection; expenditure requirements; purposes....................................................HB 1291 Fiscal Years; adoption of uniform charts of accounts.....................................................................................SB 367 Greenspace Preservation Program; grants to protect land and waters.........................................................SB 399 Historic Records; joint committee to study their preservation...................................................................HR 1011 Intangible Recording Tax; collecting officers; reports and distributions .................................................HB 1310 Jails; certified officers; arrest powers................................................................................................................SB 445 Joint Development Authorities; members; counties designated Tier 1.....................................................HB 1135
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INDEX

2679

COUNTIES (Continued) Juvenile Courts; circuit-wide juvenile court judgeships; grants..................................................................HB 182 Land Development Site Permits; state tree protection standards.................................................................HB 557 Land Records; Georgia Cemetery and Funeral Services Act of 2000..........................................................SB 462 Local Development Authorities; directors and members; training............................................................HB 1268 Local Government Code Enforcement Boards Act........................................................................................HB 591 Local Government Code Enforcement Boards Act; enact..........................................................................HB 1206 Local Government Code Enforcement Boards Act; organization.................................................................SB 510 Metropolitan Area Planning and Development Commissions; membership ..............................................SB 369 Motor Vehicles Purchased With Public Funds; identifying markings........................................................HB 648 Nude Dancing Clubs; location restrictions; distance requirements..............................................................SB 321 Ordinance Violations; prosecution; authorize suspended sentences...........................................................HB 153 Parking Tickets, Outstanding Fines; license plate not to be issued..............................................................SB 368 Probate Judges Serving as Election Superintendents; elections......................................................................SB 79 Public Buildings Paid for by the Taxpayers; placement of plaques.............................................................. HB 87 Public Records Not Subject Disclosure; personal information for certain security systems ...................SB 364 Public Works Construction Contracts; competitive award requirements.................................................HB 1079 Railroad Tracks Crossing Public Road; closure agreement; injunction.......................................................SB 366 Sales Tax; special county 1%; proceeds for transportation facilities ........................................................HB 1303 Service Delivery; pending adoption of strategy with municipalities............................................................SB 347 State Court of Fulton County; clerk and marshal; service fees charged...................................................HB 1312 State Service Delivery Region for Screven, Evans and Tattnall Counties.................................................HB 755 Tax Assessors; appraisal staff; performance review; civil service positions...........................................HB 1296 Tax Assessors; county board members; removal for cause; vacancies.....................................................HB 1224 Tax Assessors; county boards; performance review; grounds for removal..............................................HB 1296 Urban Road Building Guidelines to Accommodate Pedestrians; study...................................................HR 1051 Waste Disposal; dumping outside territory boundaries; restrictions...........................................................HB 525 Wastewater Treatment Facility Bypasses; sewer connection moratorium. .................................................SB 121 Water and Waste-water Treatment Systems; leases, contracts...................................................................HB 1404 Water Use Restrictions During Drought Periods; uniformity.....................................................................HB 1373

COURTS (Also See Judicial Circuits or Individual Courts) Appeals; right of State in Criminal Cases and Delinquency Cases..............................................................SB 228 Appellate; judges; change retirement eligibility...............................................................................................SB 263 Arrests Warrant Application Hearings; evidence; cross-examination.........................................................HB 259 Bail; jurisdiction; cases involving trafficking in Methamphetamine...........................................................HB 408 Bail; no appeal bond granted for drug trafficking convictions.....................................................................HB 500 Brain and Spinal Injury Trust Fund; additional DUI penalty.........................................................................SB 480 Cases Regarding Traffic Offenses at Airports; jurisdiction; venue................................................................SB 55 Child Custody Determination; children ages 11 to 14.................................................................................HB 1133 Child Custody; evidence; child abuse, family violence; public files............................................................SB 378 Child Custody Issues; encourage non-custodial parent visitation.................................................................SR 786 Civil Actions; authorize apply doctrine of forum non conveniens...............................................................SB 124 Civil Actions; notices by certified mail or statutory overnight delivery......................................................SB 436 Civil Actions; summons to commence actions; manner of service..............................................................HB 708 Civil and Criminal Case Filings; electronic format, media; release. ............................................................SB 176 Civil Cases; court documents; electronic records in lieu of paper. ...............................................................SB 472 Civil Litigation Improvement Act; jurisdiction; venue; supersedeas bonds............................................HB 1346 Contempt Powers; protective restraining orders; family violence or stalking situations.........................HB 642 Corrections Department to Notify Presiding Judge of Inmate's Scheduled Release Date. ....................HB 1412 County Law Libraries; collection and use of certain court costs.................................................................HB 853 Court Reporters; disciplinary actions; delivery of notices.............................................................................SB 436 Crimes Against Victims Intentionally Selected; Anti-domestic Terrorism Act; sentence, punishment.SB 390 Criminal Cases; entry of guilty plea; impact on immigration status...........................................................HB 584 Criminal Cases; Third-year Law School Student Public Defender Act.......................................................SB 304

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2680

JOURNAL OF THE SENATE

COURTS (Continued) District Attorney Investigators; employees retirement credits.....................................................................HB 654 District Attorneys; employment of assistants, investigators, staff................................................................SB 346 District Attorneys; grounds for impeachment; taking something of value in exchange for actions.......SB 412 District Attorneys; retirees; entitled to carry concealed weapons................................................................HB 110 Evidence; admissible statements; child victims of sexual or physical abuse..............................................SB 214 Evidence; confidentiality of research data in science, medicine. ..................................................................SB 168 Evidence; privileged medical information; confidential raw research data .............................................HB 1300 Evidence; subpoenas and notices; witness fees and mileage ........................................................................HB 340 Family Violence; issuance of protective orders; specified remedies............................................................SB 486 Fines Collected for Local Victim Assistance Programs; financial reports...............................................HB 1264 Fines to be Deposited in Brain and Spinal Injury Trust Fund.......................................................................SB 480 Garnishment Proceedings; filings by corporate officers; property subject continuing garnishment........SB 19 Grand Jurors; expense allowance........................................................................................................................SB 426 Inferior Court Training and Assistance Act of 2000; enact.........................................................................HB 1206 Judges; retirement credit; transfer of contributions from ERS. ....................................................................HB 543 Judges; senior, retired or emeritus; judicial assistance; compensation.....................................................HB 1574 Judges; state trial and appellate; retirees; carrying of weapons...................................................................HB 110 Judicial Circuits; Pretrial Intervention and Diversion Programs...................................................................SB 412 Judicial Retirees; inclusion State Employees Health Insurance Plan..........................................................HB 566 Judicial Retirement; creditable service; 24 years at age 55............................................................................SB 264 Judicial Retirement; membership options; certain former members...........................................................HB 764 Judicial Retirement System; transfer of membership from the ERS. ..........................................................HB 919 Judy Duty Summons; certified mail or statutory overnight delivery............................................................SB 436 Jurors; ineligible persons; procedure for removal from jury list...................................................................SB 216 Jury Clerks and Other Personnel; appointment in certain counties..............................................................SB 501 Jury Duty; excuses, deferrals; certain students and caregivers....................................................................... HB 39 Jury Service; excuse certain parents, guardians from juror service. ...............................................................SB 31 Juvenile; additional authority; enforce duty of child support ..........................................................................SB 70 Juvenile; circuit-wide judgeships; state grants................................................................................................HB 182 Juvenile Court Intake and Probation Services; transferred county employees;
Merit System Classification...........................................................................................................................HB 892 Juvenile; jurisdiction; public school disciplinary actions...............................................................................SB 190 Juvenile Matters Initiated by Local Boards of Education............................................................................HB 1187 Juvenile Proceedings; reorganize Articles in Title 15, Chapter 11. ..............................................................SB 315 Juvenile; protective custody of children suspected of abuse or neglect; Terrell Peterson Act................SB 315 Juveniles Committing Specified Crimes; court jurisdiction; penalty...........................................................SB 416 Juveniles Proceedings; reorganization of OCGA Title 15, Chapter 11.....................................................HB 1112 Juveniles; prosecution for aggravated battery resulting in serious injury.................................................HB 1405 Magistrate; civil actions relating to landlord and tenant; original obligee................................................HB 1326 Magistrate; criminal jurisdiction over certain misdemeanor offenses........................................................HB 304 Magistrate; filing of documents; electronic records signatures.....................................................................SB 403 Magistrate or Superior; consent orders; permission to intercept or record a child's electronic or telephone communications................................................................................................................................SB 414 Magistrate; prosecution upon citation; ordinance violations, deposit account fraud; actions in name of original obligee................................................................................................................................................SB 338 Magistrate; trials of ordinance violations; suspended sentences..................................................................HB 153 Municipal; costs or fines; failure to pay; issuance of executions..................................................................SB 371 Municipal; jurisdiction; citations for noncompliance relative fire or other hazards regulations...............SB 73 Officers of the Court; demanding unauthorized costs; penalty.....................................................................SB 412 Out-of-State Bail Jumping to Avoid Court Appearance; penalty.................................................................SB 415 Probate Code; descent and distribution; property owned by intestate decedent.....................................HB 1204 Probate; interest from cash bonds; remit Indigent Defense Council..........................................................HB 1157 Probate; judges; retirement benefits; retirees reemployed as judges...........................................................HB 453 Probate; Judges Retirement Fund; membership dues; discontinue after paying 20 years; arrears.......HB 1089 Probate; marriage licenses; parental consent for minors; remove exemption for pregnancy.....................SB 18

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INDEX

2681

COURTS (Continued) Probate; powers; unrepresented estates; temporary administrator..................................................................SB 97 Probate; provide for Office of Senior Judge..................................................................................................HB 1158 Probate; rules governing standard forms to be used in proceedings.........................................................HB 1428 Probate; temporary guardianship of minors; dissolution...............................................................................HB 414 Probation; privatized services; termination of contracts .............................................................................HB 1414 Probation Services; contracts; termination initiated by chief judge. ............................................................SB 357 Prosecuting Attorneys; carrying concealed weapons.....................................................................................HB 110 Search Warrant Applications; Video Conference; electronic signatures..................................................HB 1294 Sentencing and Punishment; misdemeanors involving elderly victims.......................................................SB 186 Sentencing; crimes involving injury or death of a law enforcement officer, firefighter or
EMS Technician.................................................................................................................................................SB 120 Sentencing; Hard Time for Violent Felons Act; imprisonment term............................................................SB 476 Sentencing; serious felony crimes; term of imprisonment not reduced.........................................................SB 11 Sheriff; duties; record-keeping; automated or computerized methods.......................................................HB 235 Sheriffs in a Consolidated City-County; fees for court services................................................................HB 1486 Sheriffs Retirement Fund; dues; monthly benefits; surviving spouse.........................................................HB 393 State; additional penalty for jails; judges' compensation; cities of 300,000 or more ..............................HB 1372 State Court Interpreter Certification; multi-state agreements.....................................................................HB 1158 State Court; judges; change residency requirements.......................................................................................SB 449 State; judges; eligibility; practice of law experience requirement...............................................................HR 268 State; judges; qualifications for office; experience.........................................................................................HB 552 Superior; additional judges; Towaliga, Bell-Forsyth, Chattahoochee, Tallapoosa, Atlanta
and Cobb Judicial Circuits..............................................................................................................................HB 1425 Superior Court Judge or District Attorney; retirement contributions..........................................................HB 543 Superior Courts; clerks; real estate indices; public printed copies..............................................................HB 597 Superior Courts of Randolph and Brooks Counties; change date of term. .................................................HB 811 Superior; judicial hearings on tax foreclosure sales; orders............................................................................ HB 36 Superior; petitions; mediation of Local Service Delivery Strategies; appeals.........................................HB 1430 Superior; Towaliga Judicial Circuit; create new circuit; transfer certain counties from Flint Circuit....SB 219 Supreme; terms of court; change beginning and ending dates.....................................................................HB 804 Traffic Citations; failure to appear; increase penalty........................................................................................SB 93 Traffic Violations Bureau; traffic citation signature requirements............................................................HB 1180 Traffic Violations; prosecution; jurisdiction; failure to appear. ...................................................................HB 423 Witnesses; Evidence; subpoenas and notices; witness fees and mileage....................................................HB 340 Witnesses; Professional Malpractice Damage Actions; expert testimony...................................................SB 345

COWART, SHEA; Pan Am Games Athlete; commend..................................................................................SR 640

COWETA COUNTY Property Conveyance; easement; Plantation Pipe Line Company................................................................SR 516 West Georgia River Protection; joint committee to study...........................................................................HR 215

COX, HOLLY; commend.....................................................................................................................................SR 421 CRANE, SHAMEA; Georgia Youth Volunteer; commend............................................................................SR 549 CRAWFORD COUNTY; Board of Education; members; travel expense...............................................HB 1701 CREDIT CARDS OR CHARGE ACCOUNTS; Financial Transaction Fraud; notices........................SB 436 CREDIT UNIONS; Deposits; Preneed Funeral Service Contract proceeds................................................SB 431

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2682

JOURNAL OF THE SENATE

CRIME INFORMATION CENTER (Also See GBI) Conviction Data on Adult Persons; foster or adoptive home selection........................................................SB 102 Criminal History Record Repository; ratify National Crime Prevention and Privacy Compact.............SB 118 Criminal History Records Check; applicants for license to sell checks or money orders or check cashers and mortgage brokers........................................................................................................................HB 1231 Criminal History Records Check; foster care home applicants....................................................................HB 298 Criminal History Records; dissemination; in-state felony offenders..........................................................HB 613 Criminal History Records; Real Estate Appraisers, Salespersons.............................................................HB 1151 Criminal Records Check; persons who solicit contributions on behalf of charitable organizations.......SB 499 Fingerprint Imaging to Reduce Fraud; TANF assistance applicants............................................................SB 212 Fingerprint Records; conviction data; professional licensees........................................................................SB 350 Firearms Background Checks; state Brady Law Regulations; peace officers..........................................HB 1392
CRIME VICTIMS (See Victims of Crime or Courts)
CRIMES AND OFFENSES Abandoned Newborn Babies; Safe Place for Newborns Act......................................................................HB 1365 Abortion; illegal partial birth method; 1997 SB 357; legal defense.............................................................SR 188 Aggravated Battery Committed by Children Under Age 13; penalty...........................................................SB 416 Animal; offenses of cruelty to animals and aggravated cruelty....................................................................SB 297 Arrests Warrants; probable cause; application hearings; evidence..............................................................HB 259 Arson; offenses committed by juveniles; court jurisdiction...........................................................................SB 203 Assault or Battery Upon a Sports Official, Umpire, Referee; penalty........................................................HB 265 Assault or Battery Upon County Jail Officers; punishment...........................................................................SB 446 Badges Used by Public Safety Officers; penalty to copy and sell. ...............................................................SB 155 Boats or Outboard Motors; theft and forgery; investigating titling and registration.................................SB 114 Capital Crimes; death penalty sentences; execution by lethal injection....................................................HB 1284 Capital Offenses; death penalty; electrocution or lethal injection.................................................................SB 337 Child Abuse; child fatality review procedures; investigations......................................................................SB 484 Child Abuse, Neglect; imminent danger to life or health; emergency custody; Terrell Peterson Act....SB 315 Cigarettes or Tobacco Product; regulate retail displays; No Smoking signs in Day Care Centers.........SB 380 Cigarettes, Tobacco; prohibited sales to minors; enforcement officers....................................................HB 1229 Controlled Substances and Dangerous Drugs; change listing ....................................................................HB 1181 Controlled Substances, Marijuana; trafficking or possession vicinity of a housing project or park......HB 649 Controlled Substances; prescription drug authority; psychologists..............................................................SB 202 Crimes Against Children; offenders on probation; supervision time...........................................................SB 126 Crimes Against Elderly or Disabled Persons; penalty; reporting.................................................................SB 407 Crimes Against Persons Because of Race, Gender, Religion, Origin, Disability or Sexual Orientation
Enhanced penalties ............................................................................................................................................SB 153 Crimes Against Victims Intentionally Selected Because of Bias or Prejudice; punishment....................SB 390 Crimes Involving Marijuana or Counterfeit Substances and Possession of Firearm or Knife;
Criminal penalty .................................................................................................................................................SB 450 Criminal History Record Repository; interstate identification system.........................................................SB 118 Criminal History Records Check by FBI; foster care home applicants......................................................HB 298 Criminal Justice Agencies; uniform reporting practices; criminal history identifying data; audits........SB 356 Criminal Misconduct Involving a Child; Office of Child Advocate investigations...............................HB 1422 Criminal Negligence to Allow Minor Obtain Possession of a Pistol or Revolver; punishment..............SB 308 Criminal offenses of carrying or possession of firearms or weapons..........................................................SB 466 Death or Injury to a Child Left Unattended in a Vehicle; penalty................................................................SB 418 Deposit Account Fraud or Dishonored Instruments; handling fee.............................................................HB 1389 Deposit Account Fraud or Dishonored Checks; handling fees ..................................................................HB 1257 DNA Analysis of All Convicted Felons for Law Enforcement Purposes...................................................SB 318 Drug Related Offenses; treatment of addicts; commission to study.............................................................. HR 96 Drug Trafficking Convictions; when no appeal bond shall be granted.......................................................HB 500 Drug Trafficking in Methamphetamine; where offenses are bailable. ........................................................HB 408 Drugs, Controlled Substances; authority of DOT enforcement officers to use drug detection dogs .....HB 520

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INDEX

2683

CRIMES AND OFFENSES (Continued) DUI Offenders; publishing conviction notices and photographs..................................................................SB 149 DUI; removal of drunken drivers; state commission to study .......................................................................SR 134 Explosive Materials; additions to list.................................................................................................................SB 392 False Swearing by Persons Making Property Tax Returns; criminal penalty..........................................HB 1265 Family Violence Battery; enhanced penalty; punishment..............................................................................SB 481 Family Violence; granting of relief; protective orders, injunctions..............................................................SB 486 Family Violence or Stalking; protective restraining order; contact between persons; situations
constituting contempt.......................................................................................................................................HB 642 Family Violence; petitions seeking relief; limit dismissal.............................................................................SB 355 Family Violence, State Commission on; extend to Year 2002......................................................................SB 383 Family Violence Victims; discriminatory acts by certain insurers...............................................................SB 260 Family Violence Victims; unfair discrimination by certain insurers............................................................SB 464 Felony Trials; Chronic Drug Users; defendant's cooperation; identify illicit seller or distributor..........SB 488 Financial Transaction Card Fraud; methods to send written notices............................................................SB 436 Firearms or Knives; possession during commission of certain crimes........................................................SB 450 Firearms Possession Penalty; convicted felons, first offender probationers............................................HB 1522 Firearms; State Brady Law Regulations; background checks; peace officers.........................................HB 1392 Forensic Science Laboratories; funding solutions; federal grants................................................................SR 525 Forfeiture in Certain Cases; notice by statutory overnight delivery.............................................................SB 436 Fraud, Deposit Account; arrest warrant application procedure. ...................................................................HB 259 Fraud or Abuse of Victims Over Age 65; increase punishment....................................................................SB 186 Fraud; TANF Assistance; fingerprint imaging identity verification.............................................................SB 212 Fraudulent Transfer or Obligation; debtor and creditor relations................................................................HB 257 Injury or Death of a Law Enforcement Officer, Firefighter or EMS Technician; punishment;
No parole or early release. ................................................................................................................................SB 120 Insurance Fraud Committed Against Persons Age 60 or Older; penalty....................................................HB 513 Invasion of Privacy; unlawful use of cameras, photographic or video equipment; surveillance or
recording of another...........................................................................................................................................SB 316 Juvenile Gangs; General Assembly Commission to Study Issues................................................................SR 491 Juveniles Proceedings; reorganization of OCGA Title 15, Chapter 11.....................................................HB 1112 Juveniles; prosecution for aggravated battery resulting in serious injury.................................................HB 1405 Juveniles Under Age 13; trials; court jurisdiction; penalties.........................................................................SB 416 Loan Sharking; offense of unlicensed commercial loan sharking.................................................................SB 294 Loan Sharking; criminal offense of unlicensed commercial loan sharking ...............................HB 1389 Masks, Hoods, Devices Concealing Identity of Wearer; exception to prohibitions..................................SB 482 Misdemeanor Marijuana Possession, Shoplifting, Alcohol Violations Relating to Minors and
Criminal Trespass; Magistrate Court jurisdiction........................................................................................HB 304 Obscenity Offenses Related to Minors; obscene telephone contact............................................................HB 712 Obstruction of Law Enforcement Officers; unlawful remove or attempt to remove their weapons......HB 905 Offense of Contributing to Delinquency of a Minor; penalty.......................................................................HB 482 Offense of Cruelty to a Person Age 65 or Older; punishment.......................................................................SB 407 Offenses Against Vulnerable Adults; definitions; criminal penalties.........................................................HB 863 Ordinance Violation; suspended sentence; fines or community service.....................................................HB 153 Parties to Crimes Committed by Juveniles; additional imprisonment............................................................SB 71 Pistols or Revolvers; license to carry prohibition; felony marijuana drug conviction................................SB 15 Probable Cause Person Committing Criminal Act; electronic surveillance; interception of
communications; monitoring under certain conditions............................................................................HB 1576 Prostitution, Pimping or Pandering; change penalties....................................................................................SB 326 Rape; prevention and personal safety education in Schools, Colleges.......................................................HB 171 RICO Act; forfeiture actions; disposition of net proceeds .............................................................................SB 413 Serious Felony Crimes; restrict sentence-reducing measures, parole.............................................................SB 11 Serious Violent Felonies; Hard Time for Violent Felons Act.......................................................................SB 476 Serious Violent Felony; convicted perpetrators; tax certain profits............................................................HB 470 Sexual Offenses; Aggravated Sodomy; acts with a child under age 10 years..........................................HB 1240 Stalking; employees experiencing credible threats of violence in Workplace.........................................HB 1275

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2684

JOURNAL OF THE SENATE

CRIMES AND OFFENSES (Continued) Stalking; harassing or intimidating communications or broadcasts by telephone, computer networks
or other electronic media .................................................................................................................................HB 1097 Stalking; workplace violence or threats; temporary restraining order..........................................................SB 486 Teachers or School Administrators; warrants for arrest...................................................................................SB 27 Telephonic or Electronic Communications; parents concerned child may be victim of criminal
conduct; admissible recordings........................................................................................................................SB 387 Theft by Shoplifting, Cheating or Defrauding Retail Merchants..................................................................SB 307 Victims of Crime; immunity; civil actions by perpetrator of crime..............................................................SB 303 Victims' Reimbursement Act; proceeds derived from commercial depiction of certain criminal acts..HB 470 Violence Against Teacher; student suspension, ineligible enrollment.........................................................SB 401 Weapons; carrying in certain places; judicial personnel................................................................................HB 110 Wiretapping; electronic or telephone communications of a minor child.....................................................SB 414
CRIMINAL JUSTICE COORDINATING COUNCIL; Reports from Court Officers; fine Collections for Local Victim Assistance Program.....................................................................................HB 1264

CRIMINAL PROCEDURE Appeal Bonds; prohibit grant to persons convicted drug trafficking...........................................................HB 500 Appeals; granting of new trials; criminal cases, delinquency cases.............................................................SB 228 Arraignment; entry of guilty plea; understanding immigration status........................................................HB 584 Arrest Warrants Issued for a Teacher or School Administrator. .....................................................................SB 27 Arrest Warrants; application hearings; evidence; circumstances.................................................................HB 259 Bail in Cases Involving Drug Trafficking in Methamphetamine.................................................................HB 408 Capital Crimes; death penalty sentences; execution by lethal injection....................................................HB 1284 Capital Death Penalty by Electrocution or Lethal Injection...........................................................................SB 337 Criminal Extradition Orders; inmates who escape confinement................................................................HB 1397 Documents, Notices by Certified Mail or Statutory Overnight Delivery.....................................................SB 436 Evidence; confidentiality of research data in science, medicine. ..................................................................SB 168 Felony Trials; sentencing of chronic drug users; determination of punishment.........................................SB 488 Indigent Defense Council; funding; interest from cash bonds...................................................................HB 1157 Indigent Defense; Third-year Law School Student Public Defender Act....................................................SB 304 Inmates; earned time allowances not automatic or mandatory......................................................................SB 429 Mental Incompetency to Stand Trial Proceedings; sending notices.............................................................SB 436 Misdemeanor Offenses; probated or suspended sentences; supervision of probationers .........................SB 474 Offenses of Cruelty to Animals; punishment...................................................................................................SB 297 Persons Convicted Unlawful Use of Public Safety Department Badges.....................................................SB 155 Prosecution for Crimes Against the Elderly or Disabled................................................................................SB 407 Punishment for Crimes Involving Injury or Death of a Law Enforcement Officer, Firefighter
or EMS Technician............................................................................................................................................SB 120 Search Warrant Applications by Video Conference.....................................................................................HB 1294 Sentencing; Hard Time for Violent Felons Act; imprisonment term; review by three-judge panel. ......SB 476 Sentencing; punishment; fraud or abuse of victims over age 65...................................................................SB 186 Serious Felony Crimes; no sentence-reducing measures or parole until serve 90% of sentence..............SB 11 Sureties on Criminal Bonds; fees; change amount may charge....................................................................HB 337 Traffic Violations; prosecution; jurisdiction....................................................................................................HB 423 Victims of Crimes Selected Because of Bias or Prejudice; sentencing.......................................................SB 390 Victims' Reimbursement Act of 1999; proceeds derived from certain commercial activities................HB 470
CRIMMINS, DR. LAURENCE T.; commend................................................................................................SR 709
CRISP COUNTY Cordele-Crisp County Fish Fry; recognizing....................................................................................................SR 554 Property Conveyance; easement area; Veterans Memorial State Park.........................................................SR 504 Southwest Georgia Railroad Excursion Authority Law...............................................................................HB 1654

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2685

CROOMS, BRENDA W.; University System Academic Scholar................................................................SR 736
CRUISE SHIPS; Authorize Sale of Alcoholic Beverages; fees and taxes................................................HB 1383
D
DADE COUNTY Ad Valorem; school district taxes; homestead exemption; assessed value..............................................HB 1661 Ad Valorem Taxes; homestead exemption; assessed value........................................................................HB 1662
DAHLONEGA ART ALLIANCE, INC.; commend .....................................................................................SR 696
DAHLONEGA, CITY OF; Mayor and Council; election; 4 year term of office; plurality voting.........SB 386
DAIRY PRODUCTION Milk and Milk Products; Grade A Pasteurized Milk Ordinance ................................................................HB 1132 Possession of Certain Branded Cans, Bottles or Receptacles.....................................................................HB 1139 Violation of Dairy Act; monetary penalty in lieu other action...................................................................HB 1140
DALAH, RINKY HARISH; University System Academic Scholar............................................................SR 729
DALTON, CITY OF Ad Valorem; school taxes; homestead exemption........................................................................................HB 1748 Ad Valorem Taxes; homestead exemption ....................................................................................................HB 1746
DALY, ASHLEY; Gwinnett Daily Post's Girls Co-Swimmer of Year.........................................................SR 817
DAMS ; Category I; administration costs; establish owner fees.....................................................................HB 564
DANIELS, MANDY, MISS COBB COUNTY; commend...........................................................................SR 501
DANIELSVILLE, CITY OF; corporate boundaries; special elections....................................................HB 1154
DARSEY, HAL; 4-H Leadership; commend.....................................................................................................SR 437
DARTON COLLEGE Coach Laura J. Blackwell; commend.................................................................................................................SR 668 Lady Cavaliers; commend....................................................................................................................................SR 667
DATES, OLIVIA MARIE; University System Academic Scholar..............................................................SR 732
DAVIS, JESSICA; 4-H Leadership; commend ................................................................................................SR 442
DAVIS, OSCAR; honoring...................................................................................................................................SR 458
DAWSON COUNTY Property Conveyance; exchange acreage; Amicalola Falls State Park.........................................................SR 503 Regional Water Planning; Lake Sidney Lanier Watershed Governance Council Act............................HB 1562
DAY CARE CENTERS Lead Poisoning Abatement; Childhood Lead Exposure Control Act..........................................................HB 904 No Smoking Signs in Day Care Centers...........................................................................................................SB 380
DAY TRADING SECURITIES FIRMS ; regulate; disclosures; unlawful practices................................SB 444
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2686

JOURNAL OF THE SENATE

DEAF, COUNCIL ON THE; replace with Council for the Hearing Impaired..........................................SB 363
DEAF PERSONS (See Hearing Impaired)
DEAL, DR. HORACE; commend ......................................................................................................................SR 417
DEAN, JOHN; 4-H Leadership; commend........................................................................................................SR 444
DEATH PENALTY IN CAPITAL FELONY CASES (Also See Courts or Sentence) Capital Punishment; execution by lethal injection........................................................................................HB 1284 Punishment by choice of electrocution or lethal injection..............................................................................SB 337
DEBTOR AND CREDITOR Bankruptcy; exemption; intestate insolvent estates; property owned jointly by both spouses ...............HB 703 Cancellation of Instruments to Secure Debt; Mortgage or Conveyance.....................................................HB 429 Estates; settlement of accounts..........................................................................................................................HB 366 Garnishment; filing by corporate officers; property subject continuing garnishment.................................SB 19 Notices by Certified Mail or Statutory Overnight Delivery...........................................................................SB 436 Uniform Fraudulent Transfers Act; judgments for value of assets..............................................................HB 257
DECATUR, CITY OF Ad Valorem Taxes; homestead exemption ....................................................................................................HB 1716 New charter.............................................................................................................................................................SB 536
DECATUR COUNTY; Property Conveyance; easement; cable crossing Flint River...............................SR 516
DECEPTIVE PRACTICES (See Fair Business Practices or Commerce or Selling)
DEER; Deer Hunting; seasons; increase bag limits .......................................................................................HB 1465
DEERFIELD WINDSOR SCHOOL GIRLS BASKETBALL TEAM; commend ...............................SR 751
DEES, CORPORAL HOWELL COBB, USMC Name Bridge in Coffee County to Honor. ........................................................................................................SR 623 Name Bridge to Honor Memory; Coffee County.........................................................................................HR 1231
DEFENSE DEPARTMENT (See Military Affairs)
DEKALB COUNTY Ad Valorem; school district taxes; homestead exemption; age and income ............................................HB 1415 Ad Valorem; school taxes; homestead exemption; exceeds base year assessed value..............................SB 490 Ad Valorem Taxes; homestead exemption; base year assessed value .........................................................SB 491 Atlanta Community Improvement Districts; redefine 'electors', purpose, taxes......................................HB 1539 County Officers; employing personnel within approved budget.................................................................HB 795 Employees; contributions to charity; employee organization dues.............................................................HB 796 Fulton-DeKalb Hospital Authority Overview Committee; create.................................................................SR 416 MARTA; Board of Directors; change composition ........................................................................................SB 502 MARTA; 1% Sales tax rate; extend until Year 2062. ..................................................................................HB 1615 Merit System; inclusion of certain department heads.....................................................................................SB 215 Property Conveyance; National Guard Armory Property...............................................................................SR 514 Sheriff; change compensation............................................................................................................................HB 794
DELTA SIGMA THETA, PUBLIC SERVICE SORORITY; recognizing.............................................SR 489
DEMOTT, CHARLES R.; President of Thomas Technical Institute; commend ......................................SR 760
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2687

DENMARK, DR. LEILA; Oldest Practicing Physician in the U.S.; commend.........................................SR 687
DENTAL HYGIENISTS' APPRECIATION DAY; recognizing...............................................................SR 513
DENTISTRY Dental Hygienists; licensure; qualifying educational institutions................................................................HB 634 Health Insurance Benefits; dental care; Timely Payments ...................................................HB 1586
DEPARTMENT OF COMMUNITY HEALTH; Powers, Duties; funding teaching hospitals; Employing staff for Board for Physician Workforce. ...............................................................................HB 1411
DEPARTMENT OF MOTOR VEHICLE SAFETY and BOARD and OFFICE OF COMMISSIONER CREATED............................................................................. HB 1441
Transferred Employees; DOT Enforcement Officers; retirement age ......................................HB 1457
DETECTIVE AGENCIES; Private Detective, Security Businesses; licenses; qualifications...............HB 326
DEVELOPMENT AUTHORITIES (Also See Authorities) Dissolved by Resolution of Parent Government; assets; obligations........................................................HB 1205 Joint Development Authorities in Less Developed Counties; members...................................................HB 1135 Local Development Authorities; directors and members; training............................................................HB 1268 Regional Development Centers and Metropolitan Area Planning and Development Commissions
Committee to study............................................................................................................................................SR 637
DIABETIC SUPPLIES ; Sales Tax Exemption; equipment, blood measuring devices used................HB 1583
DICKEY, BRETT C.; name Bridge to honor; Gilmer County.....................................................................HR 881
DISABLED OR PERSONS WITH DISABILITIES (Also See Handicapped or Elderly) Ambulatory Limitations; issuance; special license plates, parking space permits; medical affidavits..HB 496 Assisted Living Facilities; regulate; licensure; staffing..................................................................................SB 131 Brain and Spinal Injury Trust Fund; additional DUI penalty.........................................................................SB 480 Crimes Against Elder Persons, Disabled Adults, Handicapped Persons.....................................................SB 407 Developmental Disabilities; recognition of advocacy organizations...........................................................SR 172 Disability Rights Movement; recognize Dr. James L. Cherry.......................................................................SR 755 Driving Disqualification Due to Epilepsy Disorder; time period...............................................................HB 1180 Driving Disqualification Due to Episodes of Epilepsy Disorder ..............................................HB 122 Guardian Ad Litem for Workers' Compensation Incompetent Claimant....................................................HB 135 Handicap Parking Laws; enforcement; appointment of certain persons........................................................SB 53 Hearing Impaired, Georgia Council for; create to support agencies............................................................SB 363 Long-term Care Services, Consumer Centered System for Access to.........................................................SB 144 Mental Health Disability Services; client requests; registry.........................................................................HB 269 Prescribed Prosthetic Devices; sales tax exemption........................................................................................SB 301 Prescribed Prosthetic Devices; sales tax exemption ............................................................HB 592 Protection Services, Adult; DFACS access to persons in danger. ................................................................SB 199 Publicly Funded Housing; requirements; accessible features........................................................................SB 443 Rehabilitation Services; transfer functions to Labor Department................................................................HB 172 Use of Guide or Service Dogs; expand places where permitted access....................................................HB 1256 Vulnerable Adults; Disabled Adults, Elder Persons and Vulnerable Adults Protection Act..................HB 863 Wheelchairs and Related Equipment; sales tax exemption...........................................................................HB 567
DISASTER EMERGENCIES (Also See Emergency Management) Income Taxes; credit; taxpayers receiving GEMA or FEMA disaster assistance. .................................HB 1531 Parolees; uncompensated work on private property if approved..................................................................SB 357 Search and Rescue; Private Dog Teams; licensing; state registry.............................................................HB 1311 Workers Compensation Coverage; National Guard and State Defense Force.........................................HB 1391

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2688

JOURNAL OF THE SENATE

DISTRICT ATTORNEYS (Also See Courts) Assistant DAs, Investigators, Personnel; employment...................................................................................SB 346 Disqualification; grounds for impeachment; taking money or thing of value not authorized by law.....SB 412 Employees Retirement System; prior service credit; DA investigators......................................................HB 654 Firearms; concealed weapons exemption; retired DA personnel.................................................................HB 110 Judicial Retirement; creditable service; transfer of contributions................................................................HB 543 Retirement System; membership; transfer creditable service to ERS. ......................................................HB 1046
DIVORCE (Also See Domestic Relations or Alimony) Award of Alimony; installment payments; interest on late payments ......................................................HB 1540 Child Custody Actions; participation of great-grandparents .........................................................................SB 137 Child Custody; consideration; findings of family violence or abuse. ............................................................SB 26 Child Custody; non-custodial parent visitation; urge new guidelines..........................................................SR 786 Child Custody; non-custodial parents; visitation guidelines..........................................................................SB 402
DNA, EVIDENCE AND TESTING Analysis of All Persons Convicted of a Felony; GBI Data Bank..................................................................SB 318 Claims Against the State by Calvin C. Johnson, Jr.; compensate..............................................................HR 1053
DOCTORS OF THE DAY Antalis, Dr. John ................................................................................................................................................Page 413 Baxter, Dr. David .............................................................................................................................................Page 1214 Bennett, Dr. James ...........................................................................................................................................Page 1260 Bock, Dr. Suzanne .............................................................................................................................................Page 132 Bohler, Dr. Emory .............................................................................................................................................Page 977 Bruce, Dr. Robert ...............................................................................................................................................Page 190 Bucholtz, Dr. John ...........................................................................................................................................Page 1045 Burk, Dr. Billy ....................................................................................................................................................Page 353 Butler, Dr. David ..............................................................................................................................................Page 2043 Campbell, Dr. Diane .........................................................................................................................................Page 805 Cohen. Dr. David ...............................................................................................................................................Page 324 Cooper, Dr. Tom ................................................................................................................................................Page 581 Easterling, Dr. Kathy ........................................................................................................................................Page 305 Fullerton, Dr. Richard .......................................................................................................................................Page 472 Gamwell, Dr. John ............................................................................................................................................Page 114 Goodman, Dr. Louise ......................................................................................................................................Page 2049 Guy, Dr. Daniel ..................................................................................................................................................Page 830 Harper, Dr. John ................................................................................................................................................Page 497 Horowitz, Dr. Lonny .........................................................................................................................................Page 155 Heard, Dr. Charmaine .......................................................................................................................................Page 264 Herren, Dr. Joe ...................................................................................................................................................Page 252 Huber, Dr. Douglas .............................................................................................................................................Page 46 Hutchinson, Dr. James ........................................................................................................................................Page 59 Kallay, Dr. E. Wynn, II .......................................................................................................................................Page 68 Kauffmann, Dr. Bobby .......................................................................................................................................Page 41 Kaur, Dr. Onkar ...................................................................................................................................................Page 98 LeBlanc, Dr. Paul ............................................................................................................................................Page 1305 McDaniel, Dr. Bill .............................................................................................................................................Page 536 McDaniel, Dr. Burton .......................................................................................................................................Page 931 Miron, Dr. Ed .....................................................................................................................................................Page 437 Owens, Dr. Roger ..............................................................................................................................................Page 140 Parker, Dr. Monica ..........................................................................................................................................Page 1387 Parrish, Dr. Ramon ............................................................................................................................................Page 453 Podell, Dr. Ross .................................................................................................................................................Page 395 Reisman, Dr. Andrew ......................................................................................................................................Page 1096 Ringer, Dr. David ..............................................................................................................................................Page 780

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2689

DOCTORS OF THE DAY (Continued) Sumner, Dr. Jean ................................................................................................................................................Page 207 Vernon, Dr. Minor .............................................................................................................................................Page 172 Weaver, Dr. Jerry .............................................................................................................................................Page 1220
DODGE COUNTY Board of Education; compensation; expenses ...............................................................................................HB 1744 Designate; Claude Roscoe Nash Memorial Bridge. .....................................................................................HR 1016 Designate; Williamson S. Stuckey, Sr., Highway; State Highway 46..........................................................SR 638 Heart of Georgia Regional Authority; membership; appointments...........................................................HB 1725
DOERUN, CITY OF; new charter...................................................................................................................HB 1660
DOGS Dangerous Dog Classification; hearings and Animal Control Boards........................................................HB 719 Dangerous Dogs; owner requirements; amount of liability insurance,.......................................................HB 935 Expand Places Where the Use of Guide or Service Dogs are Permitted..................................................HB 1256 Non-governmental Search and Rescue Dog Teams; licensing; state registry..........................................HB 1311
DOLLAR, REVEREND CREFLO JR.; honoring.........................................................................................SR 811
DOMESTIC RELATIONS Abandoned Newborn Babies; Safe Place for Newborns Act......................................................................HB 1365 Child Abuse and Neglect; Office of Child Advocate investigate persons, agencies..............................HB 1422 Child Abuse; child fatality review procedures; investigations......................................................................SB 484 Child Advocate, Office of; create to monitor needs of children....................................................................SB 500 Child Care; primary caregiver of child under age 4; jury duty....................................................................... HB 39 Child Custody Actions; participation of great-grandparents .........................................................................SB 137 Child Custody; consideration; findings of family violence or abuse. ............................................................SB 26 Child Custody; court discretion in disputes; child ages 11 to 14................................................................HB 1133 Child Custody; evidence; child abuse, family violence; public files............................................................SB 378 Child Custody; non-custodial parent visitation guidelines.............................................................................SB 402 Child Custody; non-custodial parent visitation; urge new guidelines..........................................................SR 786 Child Support; authority of Juvenile Court to enforce......................................................................................SB 70 Childhood Care; state funded education programs; state policy, goals........................................................SR 788 Covenant Marriage Act; declaration of intent; marital counseling...............................................................SB 191 Divorce Cases; alimony; installment payments; interest on late payments .............................................HB 1540 Family Violence Battery; enhanced penalty; punishment..............................................................................SB 481 Family Violence; petitions seeking relief; limit dismissal.............................................................................SB 355 Family Violence; protective orders, injunctions; granting of relief..............................................................SB 486 Family Violence; situations when protective restraining order not in contempt.......................................HB 642 Family Violence, State Commission on; extend to Year 2002......................................................................SB 383 Family Violence Victims; unfair discrimination by certain insurers............................................................SB 464 Inheritance From Children Born Out of Wedlock; paternal kin...................................................................HB 366 Paternity Orders; effect of; right of child and of the father. .............................................................................SB 96 Sending Notices by Certified Mail or Statutory Overnight Delivery...........................................................SB 436

DOOLY COUNTY; designate; Toombs Taylor Morgan Memorial Bridge...............................................HR 621
DOUGHERTY COMPREHENSIVE HIGH SCHOOL CHORALE; commend..................................SR 622
DOUGHERTY COUNTY Board of Commissioners; charitable donations ............................................................................................HB 1471 Property Conveyance; easement; sewer lines for City of Albany.................................................................SR 516

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2690

JOURNAL OF THE SENATE

DOUGLAS COUNTY Excise Tax Levy for Certain Convention Facility; completion date. ........................................................HB 1149 Property Conveyance; easement for sanitary sewer lines...............................................................................SR 504 Veterans Memorial Highway; designate U.S. Highway 78...........................................................................HR 849
DOUGLASVILLE, CITY OF; City Council; operating budgets; changes in appropriations..............HB 1687
DOVER, SANQUINETTA M.; commend........................................................................................................SR 791
DOWNTOWN ATLANTA FAIRFIELD INN; commend...........................................................................SR 456
DRAUT, MARY ANN; commend ......................................................................................................................SR 802
DRECHSEL, SUSAN WELLS; commend.......................................................................................................SR 815
DRINKING WATER (Also See Water Resources) Public Water Supply; enforcement of Watershed Protection Plans..............................................................SB 229 Water Service; tenant charges based on usage...............................................................HB 1221
DRIVER EDUCATION Income Tax Credit; costs of driver education for minor dependent children...........................................HB 1532 Secondary Schools Conducting Driver Training; certain exemption...........................................................SB 447 Secondary Schools, Technical Institutes; applicability; exceptions............................................................HB 343 State Board Technical and Adult Education; driver training schools..........................................................SB 528 Urging Legislative Deliberation of Vehicle Safety Issues .............................................................................SR 596
DRIVER'S LICENSE (Also See Motor Vehicles and Traffic) Administration of Laws by New Department of Motor Vehicle Safety...................................................HB 1441 Child Safety Restraint Requirements; points assessed for violations...........................................................SB 104 Commercial; define Motor Vehicles; define gross weight.............................................................................SB 319 Driving Disqualification Due to Epilepsy Disorder; time period.................................................................HB 122 Driving Disqualification Due to Epilepsy Disorder .........................................................HB 1180 DUI; habitual violators; probationary licensees; add a restriction................................................................SB 261 DUI Violations; repeat offenders; restricted license; probation condition; ignition monitor devices. HB 1458 Expiration; sixth year following issuance; license fees..................................................................................SB 365 Fingerprint Requirement Waiver Under Certain Conditions.........................................................................SB 322 Issuance of a Replacement for Remaining Time Period; fees......................................................................HB 115 Issuance; who may administer vision tests; methods to renew license........................................................SB 232 Laws and Regulations; methods to send documents, notices........................................................................SB 436 Licenses and Applications; printed implied consent warning notice..............................................................SB 43 Persons Injured While Committing Felony, Uninsured Motorists Driving DUI or Revoked Licenses; limit recovery of damages..................................................................................................................................SB 396 Probationary; replacement when lost or destroyed; applicable fees ............................................................HB 587 Requirements; driver education or driver training...........................................................................................SB 528 Revocation, Suspension, Limited Permits for Certain Offenses and Violations.....................................HB 1458 Speed Limit Offenses; limited driving permits; certain offenders..................................................................SB 40 Speed Limit Offenses; limited driving permits for work purposes................................................................... SB 8 Suspension of License Plates; no minimum vehicle insurance coverage......................................................SB 69 Vehicle Accidents; improper use of radio or mobile phone; penalty...........................................................SB 395 Young Drivers; minimum age for licenses; driving restrictions...................................................................SB 293
DRIVING UNDER INFLUENCE, DUI Chemical Testing for DUI; implied consent notice on licenses......................................................................SB 43 Conviction Notices; publishing of photographs; assessment for cost..........................................................SB 149 Driver's License, Permits; revocation; suspension, limited permits; probation conditions; repeat offenders; persons under age 21....................................................................................................................HB 1458

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2691

DRIVING UNDER INFLUENCE, DUI (Continued) Drunken Drivers; Commission to Study Problems Relating DUI.................................................................. HR 13 Drunken Driving; public safety problems; state commission to study........................................................SR 134 DUI; habitual violators arrested when minor is occupant of vehicle............................................................SB 273 Fines; additional penalty for Brain and Spinal Injury Trust Fund................................................................SB 480 Habitual Violators Issued Probationary License; special restriction............................................................SB 261 Persons Injured While Committing Felony, Uninsured Motorists Driving DUI or Revoked Licenses;
limit recovery of damages ................................................................................................................................SB 396

DRUGS AND DRUG ABUSE Abused Children; criminal behavior; treatment; study committee. ..............................................................SR 655 Alcohol or Drug Abuse; involuntary patients; sending related notices.......................................................SB 436 Chemical Dependency Detoxification; certify Auricular Acupuncturists.....................................................SB 86 Controlled Substances and Dangerous Drugs; change listing ....................................................................HB 1181 Crimes Involving Marijuana or Other Drugs and Possession of Firearm or Knife; penalty ....................SB 450 DOT Enforcement Officers; use of trained drug detection dogs.................................................................HB 520 Drug Addiction; treatment; long-range planning; state commission............................................................. HR 96 Drug-free Workplace Programs; workers' compensation insurance premium discounts.........................SB 470 Drug Trafficking Convictions; when no appeal bond shall be granted.......................................................HB 500 Drug Trafficking, Possession; vicinity of housing project or park..............................................................HB 649 DUI; habitual violators; probationary licenses; add a restriction..................................................................SB 261 Felony Trials; sentencing of chronic drug users; cooperation with law enforcement to identify
illicit seller. ..........................................................................................................................................................SB 488 Marijuana Conviction; prohibit license to carry pistols, revolvers.................................................................SB 15 Marijuana; unlawful possession; prosecution in Magistrate Court..............................................................HB 304 Mental Health Community Based Services; committee to study....................................................................SR 32 Methamphetamine; drug trafficking; where offenses are bailable...............................................................HB 408 Pharmacists, Pharmacy Owners; responsibilities; dispensing drugs............................................................SB 373 Pharmacists; scope of practice; drug therapy management.........................................................................HB 1447 Prescription Drug Containers; label when generic drug substituted...........................................................HR 417 Prescription Drugs; Pharmacy Assistance Program for Low-income, Elderly Citizens; create..............SB 515 Prescription Products Shipped in to State; Therapeutic Index Drugs..........................................................SB 239 Psychiatric Drugs; effects on school-age children; study commission.....................................................HR 1079 Psychologists; certified to prescribe drugs for treatment purposes..............................................................SB 157 Psychologists Certified to Prescribe Drugs; narcotic drugs excluded..........................................................SB 202 Substance Abusers; mental health services; ombudsman program. ..............................................................SB 479 Substance Abuse Treatment; DUI offenders; license revocation grounds...............................................HB 1458

DUFFNER FAMILY; condolences at loss of son; urge legislative deliberation of vehicle safety........SR 596
DULUTH, CITY OF Corporate Limits; amend description..............................................................................................................HB 1697 Southeastern Railway Museum; official transportation history museum. ..................................................HB 361
DULUTH HIGH SCHOOL SOFTBALL TEAM; commend .....................................................................SR 639
DURABLE POWER OF ATTORNEY Health Care Power of Attorney; authority of an agent; forms......................................................................HB 416 Maker's Intent Concerning Health Care Decisions; valid documents.............................................................. SB 7
DURST, CHARLES ; Designate Memorial Highway to Honor; Toombs County.....................................SR 183

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2692

JOURNAL OF THE SENATE

E
EAGLES LANDING SOFTBALL CHAMPIONS; Recognize...........................................Page 190
EARLY COUNTY; Designate; S.G. Maddox Highway; portion U.S. Highway 27..................................SR 666
EAST POINT BUSINESS AND INDUSTRIAL DEVELOPMENT; powers, duties. ..........................SB 289
EASTMAN, CITY OF; Heart of Georgia Regional Authority; membership; appointments ................HB 1725
ECONOMIC DEVELOPMENT Aerospace Development, Commercial Space Activities and Telecommunications Technology
Study Commission...............................................................................................................................................SR 15 Farmers and Small Businesses; Linked Deposit Loan Programs; study......................................................SR 351 Georgia Ports Authority; additional members..................................................................................................SB 435 Government Regulatory Reform; reduce economic impact upon businesses...............................................SB 78 Heart of Georgia Regional Authority; members; Dodge County, City of Eastman................................HB 1725 Interest-Free Loans to State and Local Governments; urge federal legislation..........................................SR 539 Job Tax Credits; qualified businesses; Revenue Commissioner duties......................................................HB 524 Jobs Tax Credit; establishment or relocating business headquarters........................................................HB 1134 Jobs Tax Credits in Certain Counties to Induce Creation of More Jobs...................................................HB 1509 Joint Development Authorities; Tier 1 Classified Counties; members.....................................................HB 1135 Less Developed Areas; economic benefits; government decentralization...................................................SR 490 Metropolitan Area Planning and Development Commissions; membership ..............................................SB 369 Motor Vehicle Assembly Plants; urge state purchase vehicles produced in Georgia................................SR 669 OneGeorgia Authority Act; rural economic development; public financial assistance;
Tobacco lawsuit settlement funds...................................................................................................................SB 398 Petroleum Industry; committee to study increased fuel pricing....................................................................SR 644 Public Road Projects Incidental to Economic Development; allocation...................................................HB 1553 Railroad Industry; proposed Burlington Northern/Canadian National Railway consolidation; Urge consider services to ports.........................................................................................................................SR 708 Regional Development Centers and Metropolitan Area Planning and Development Commissions;
Joint committee to study...................................................................................................................................SR 637 Regional Development Centers; boundaries; transfer Johnson and Emanuel Counties to Heart of
Georgia-Altamaha RDC...................................................................................................................................HR 121 Sales Tax; exemption; manufacturing plants repair parts, molds, dies, tools; business computers,
clean-room sites for high-tech industry.......................................................................................................HB 1510 Seed-Capital Fund; Advanced Technology Development Center attached to Board of Regents........HB 1629 State Community Development Program; assistance to Local Government............................................HB 1413 State Government Programs and Facilities; location in most economically depressed areas...............HB 1135
EDUCATION (Also See Colleges or Schools or Teachers) A Plus Education Reform Act of 2000; enact................................................................................................HB 1187 Academic Social Promotion Policies; remediation; committee to study.....................................................SR 256 Appropriations Acts; funding increases in student enrollment......................................................................SR 451 Appropriations, General SFY 2000-2001.......................................................................................................HB 1160 Charter Schools Act of 2000; petitions; decision procedures; special schools; student
enrollment preferences......................................................................................................................................SB 310 Childhood Care and Education Programs; state goals, expected results....................................................HR 851 Childhood Care and Education; state policy goals; urge compliance...........................................................SR 480 Childhood Care; state funded programs; policies; accountability.................................................................SR 788 Complaints Policies; certified mail or statutory overnight delivery.............................................................SB 436 County School Tax Collections; distribution of moneys; schedule.............................................................HB 518 Driver Training Courses of Secondary Schools; requirement exemption...................................................SB 447 Driver Training; secondary schools, technical institutes; exception............................................................HB 343

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2693

EDUCATION (Continued) Early HOPE Education Reform Act; Academic Achievement Accountability System; School Help Improvement Program................................................................................................................SB 329 Early HOPE Scholarships for Low-income Students to Attend Private or Adequately Performing Public Schools.................................................................................................................................SB 68 Education Coordinating Council; create to provide interagency communication...................................HB 1187 Educational Care Teams to Evaluate Underperforming Schools....................................................................SB 50 Elementary and Secondary Education Assistance Corporation; create........................................................SB 519 Elementary and Secondary Education Assistance Corporation; powers; private contributions for students to attend private school......................................................................................................................SB 517 Elementary and Secondary Education Assistance Corporation; private contributions for tuition or tutoring services ................................................................................................................................SB 518 Employees; certificated or classified; grounds for termination.....................................................................SB 274 Extended Day Program for Students in Grades Nine through 12; grants.................................................HB 1187 Foreign Language Instruction; elementary and middle school grades.......................................................HB 506 Georgia Medical Center Authority Act; promotion of biomedical, biotechnical research programs.....SB 440 Georgia Mentoring Act of 2000; enact..............................................................................................................SB 290 Georgia Military College; budget requests; appropriation of funds...........................................................HB 840 Grades K-3 Instructional Period; maximum student-teacher ratio...............................................................SB 250 Grant Programs Targeting At-Risk Students; conditions...............................................................................SB 226 High School Courses Offering Old and New Testament Era Study.............................................................SB 341 High School Interscholastic Competitions; funding qualifications...........................................................HB 1500 Higher Education Expense; family tuition savings plan..............................................................................HB 1189 HOPE Scholarship Program; eligible Alabama Independent High School students..............................HB 1306 HOPE Scholarship Program; eligible students in a home study program....................................................SB 532 HOPE Scholarships and Grants; eligible private high school students........................................................SB 452 HOPE Scholarships, Grants; eligible students in certain Private High Schools ......................................HB 1591 Incarcerated Youth; integrated services; joint study commission................................................................SR 406 Jury Duty; excusing, deferring post-secondary school students.................................................................... HB 39 Kindergarten Programs; enrollment age; birth date after September 1.......................................................SB 257 Kindergarten; state funded programs; goals; expected results.....................................................................HR 851 Kindergarten through Grade Three; early intervention program................................................................HB 1187 Labor Organizations; treatment by local boards of education.......................................................................SR 610 Local Retirement Systems; pension obligation bond requirements.............................................................HB 847 Local School Boards; inclusion within state health insurance plans................................................................ SB 5 Local School Districts; allotment of state homeowner tax relief funds....................................................HB 1403 Local School Districts; increase state homeowner tax relief grants..........................................................HB 1487 Local School Systems Facilities; priorities; state capital outlay funds.....................................................HB 1187 Local School Systems; funding mechanisms for remedial programs...........................................................SR 256 Local School Systems; vehicles purchased with public funds; identifying markings..............................HB 648 Mandatory Education Between Ages Six and 16..........................................................................................HB 1187 Medical; biomedical, bio-technical research; new Authority to promote....................................................SB 440 Medical Education, State Board; administrative staff; director....................................................................HB 260 Middle Schools; minimum 5 hours academic instruction; planning time.................................................HB 1187 Milken Educator Award Recipients; Suttiwan Cox, Amy Denty, Mike Stanton, Kimberly Stewart....SR 415 Office of Education Accountability; creation................................................................................................HB 1187 PeachCare for Kids Program; identify, enroll eligible children.................................................................HB 1214 Postsecondary Technical Schools; request to be name a technical college..............................................HB 1187 Private High Schools; HOPE Scholarships and Grants eligibility................................................................SB 452 Private Schools or Home Study Students; public school extracurricular programs...................................SB 374 Privatization of Certain School Services; contracts; criteria..........................................................................SB 198 Professional Standards Commission; certification in teaching fields...........................................................SB 336 PROMISE Teacher's Scholarships; reduce grade point average requirement..........................................HB 1619 Public School Discipline Act; jurisdiction of juvenile courts; expulsion of certain students; summer school requirement..............................................................................................................................SB 190

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2694

JOURNAL OF THE SENATE

EDUCATION (Continued) Public School Educators Killed or Injured in Line of Duty; indemnification; special license plates...HR 971 Public School Teachers and Employees; Indemnification Program and Fund; special license plate to honor Educators................................................................................................................................HB 1388 QBE Funding; grants for middle school program; waivers............................................................................SB 252 QBE Funding; midterm adjustment; Limited-English-Speaking Program. ................................................HB 686 QBE Funding; program counts; students in postsecondary courses .............................................................. HB 38 QBE Funding; remedial services; funding for school social workers..........................................................SB 101 Rape Prevention and Personal Safety Education in Schools, Colleges.......................................................HB 171 Records Not Subject Public Disclosure; certain test records.........................................................................SB 364 Regional Educational Service Agencies; comprehensive revisions ..........................................................HB 1187 School Athletic Programs; gender based discrimination; Equity in Sports Act......................................HB 1308 School Attendance; change mandatory age; exceptions.................................................................................SB 360 School Boards; adopt Student Academic Performance policies......................................................................SB 36 School Bus Drivers, Nutritionists, Food Service Employees, Maintenance Staff; study committee......SR 374 School Buses; equipment; require communications devices for drivers.....................................................SB 458 School Choice; private tuition vouchers; create public corporation.............................................................SB 517 School Choice Selection within Resident District; local policy......................................................................SB 67 School Choice; vouchers for private tuition, tutoring services.....................................................................SB 518 School Choice; vouchers; private contributions to pay student tuition at private schools......................SB 519 School Disciplinary Tribunals; membership; officials and citizens...............................................................SB 35 School Discipline; student suspension; violence against a teacher. ............................................................SB 401 School District Taxes; Enterprise Zone Tax Exemptions, Credits................................................................SR 249 School Dropouts; re-enrollment eligibility; factors; approval.....................................................................HB 550 School Enrollment Eligibility Date Study Committee....................................................................................SR 129 School Health Care and Medical Services; committee to study...................................................................SR 344 School Health; student medications; administration guidelines....................................................................SB 244 School Health; student medications; who may administer...............................................................................SB 14 School Property Tax Digests; assessment methods, calculations................................................................HB 523 School Records in Personnel Files; exception to disclosure............................................................................SB 21 School Security Personnel; law enforcement; carrying of firearms..............................................................SB 152 Special Instructional Assistance Programs for Most Needy Students........................................................HB 114 Special School District; Juvenile Justice Department; vocational education.............................................SB 410 Statewide Comprehensive Educational Information System; Steering Committee...............................HB 1187 Student Achievement; assessment instruments; competency tests............................................................HB 1187 Student Achievement; pilot programs to encourage; grants to schools.......................................................SB 201 Student Disciplinary Hearings to Impose Suspension; annual reports........................................................SB 132 Student Honors Program; inclusion of home study programs .......................................................................SB 112 Student Performance Tests or Examinations; disclosure requirements.......................................................SB 409 Students Assigned Alternative School Programs; mandatory attendance..................................................HB 114 Students; back-to-school purchases; urge sales tax exemption.....................................................................SR 407 Students Convicted Certain Felonies or Delinquent Acts, Violation of School Codes of Conduct; disciplinary actions............................................................................................................................................SB 190 Students; disciplinary problems; corrective plans; sending notices.............................................................SB 436 Students; satisfactory academic performance; promotion restriction.............................................................SB 36 Summer School; Students Attending Alternative School or Suspended.....................................................SB 406 Teacher Morale Study Committee......................................................................................................................SR 618 Teachers; grades K-3; certification requirement to teach reading................................................................SB 182 Teachers; grades K-5; duty-free lunch period; remove limitation................................................................SB 194 Teachers or School Administrators; alleged offenses committed in performance of duties; Warrants for arrest ...............................................................................................................................................SB 27 Teachers; renewable certificates at 4 and 5-year levels; alternative certification program. .....................SB 336 Teachers; ERS retirement credit; certain prior services....................................................... HB 772 Teachers Retirement; prior service credit; independent school system.......................................................SB 187 Teachers Retirement; revoke certain authority of Board of Regents...........................................................SB 411 Teachers Retirement; service credit; postgraduate study interrupted by active military service............HB 908

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2695

EDUCATION (Continued) Teachers Retirement; service credit; work with at-risk children.....................................................................SB 46 Teachers Retirement; transfer of service credits; employment changes.....................................................HB 999 Teachers, School Principals; salary schedule; supplements; National Certification increase; tenure. HB 1187 Teachers; students who commit act of violence against a teacher; suspension; alternative education..SB 401 Technical and Adult Education; state board members; expense allowances...........................................HB 1230 Technical and Adult; cooperative public library projects with Department of Archives and History ..HB 576 Veteran's Day Observance November 11 in Public Schools.......................................................................... HB 68 Weapon-free, Violence-free School Safety Zones; weapons violations......................................................SB 466
EDWARDS, DR. DELMAR; commend............................................................................................................SR 399
EDWARDS, WILLIAM (BILL); birthday wishes .........................................................................................SR 825
EFFINGHAM COUNTY Board of Commissioners; employment of a clerk.........................................................................................HB 1164 Effingham County Family Connection; meetings; quorum; voting ..........................................................HB 1451 Governing Authority; board of commissioners; elections; terms...............................................................HB 1163 State Court; judge and solicitor-general; salaries..........................................................................................HB 1575
EGAN, SENATOR MICHAEL J.; commend outstanding public service .................................................SR 674
ELBERT COUNTY; Designate; Robert L. Williford Memorial Highway; State Highway 72.................SR 31
ELDERLY Ad Valorem Municipal Taxes; homestead tax deferral................................................................................HB 1178 Assisted Living Facilities; define, regulate, license facilities........................................................................SB 131 Care of the Terminally Ill; pain management; Advisory Committee. ............................................................SB 38 Certificate of Need for Long-term Care Facilities Study Committee...........................................................SR 613 Crimes Against Elder Persons, Disabled Adults, Handicapped Persons.....................................................SB 407 Family Violence Battery; enhanced penalty; punishment..............................................................................SB 481 Fraud or Abuse of Victims Over Age 65; increase punishment....................................................................SB 186 Insurance Fraud Committed Against Persons Age 60 or Older; penalty....................................................HB 513 Long-term Care; freestanding skilled nursing facility with independent or assisted living units;
Development of.....................................................................................................................................................SB 75 Long-term Care Industry; adequate staffing; joint study committee...........................................................HR 850 Long-term Care Services; single resource for persons in need of.................................................................SB 144 Prescription Drugs; co-payment charge; Pharmacy Assistance Program. ...................................................SB 515 Protection from Abuse, Neglect; DFACS access in suspected cases...........................................................SB 199 Retirement Income; income tax exclusion; raise maximum amount .......................................HB 1159 Retirement, Public; benefits; repeal an exemption .........................................................HB 1457 Senior Georgians Week at the Capitol; observance ........................................................................................SR 418 Vulnerable Adults Protection; caretaker violations; penalties......................................................................HB 863
ELDERS, TENNYSON; in remembrance of. ...................................................................................................SR 772
ELECTED OFFICIALS (See Public Officers or Elections)
ELECTIONS (Also See Ethics in Government and Voting) Absentee Ballots; issuance, mailing prior primary or election date. ..............................................................SB 44 Absentee Ballots; opening and counting; counties using vote recorders or scanning tabulators............SB 527 Alcoholic Beverage Sales on Election Days..................................................................................................HB 1339 Amend Constitution; change eligibility; office of State Court judge..........................................................HR 268 Amend Constitution; compensation for injury or disabilities incurred by law enforcement
officers or firefighters........................................................................................................................................SR 204 Amend Constitution; eliminate levy of state ad valorem taxes.....................................................................SR 158

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2696

JOURNAL OF THE SENATE

ELECTIONS (Continued) Amend Constitution; enterprise zone tax exemptions from school taxes....................................................SR 249 Amend Constitution; General Appropriations Acts; restrict amendments..................................................SR 451 Amend Constitution; General Assembly Members; suspension upon felony conviction; replacement.SR 411 Amend Constitution; Indemnification of Public School Educators Killed or Injured in Line of Duty;
Special license plates........................................................................................................................................HR 971 Amend Constitution; Indemnification of State Highway Employees..........................................................SR 519 Amend Constitution; Land, Water, Wildlife and Recreation Heritage Fund.................................................. SR 4 Amend Constitution; residential property ad valorem taxation; freeze appraisal until sold.....................SR 110 Amend Constitution; Senate Members; election to 4 year terms..................................................................SR 412 Ballots; accessibility to candidates. bodies; Voter Choice and Election Access Reform Act..................SB 358 Ballots; candidate's name and incumbency; amount of ballot supplies. ..................................................HB 1361 Ballots; listing of names; ballot supplies........................................................................................................HB 1117 Campaign Contribution Disclosure and Lobbyist Disclosure Reports; electronic filing, publication....SB 225 Campaign Contributions or Pledges; prohibit General Assembly solicit during Legislative Session....SB 354 Campaign Donation Limits Revised; Statewide Campaigns; financial disclosure; electronic filing...HB 1630 Campaign Violations; initiation of complaints; technical defects................................................................SB 439 Candidates; dishonored qualifying check; listing name on ballot..............................................................HB 1361 Candidates; disqualification grounds; dishonored qualifying fees. ..........................................................HB 1117 County Board of Registrars; duties; listing of ineligible jurors.....................................................................SB 216 Early Voting Procedures; pilot program; mobile special precincts..............................................................SB 235 Election Returns Divided by Precinct; submit electronically to Secretary of State................................HB 1113 Ethics Laws; mandatory training session for General Assembly..................................................................SB 520 Ethics; prohibited conduct on behalf of candidate for public office.............................................................SB 372 General and Nonpartisan Primaries; change month and date........................................................................SB 173 General Assembly; vacancies occurring during legislative session..........................................................HB 1117 Municipal District Reapportionment; change effective date. ........................................................................SB 370 Municipal; Registrars, Superintendents, Ballot Clerks; Write-in Candidates..........................................HB 1117 Notarized Affidavits; disqualification of petitions; notaries who also sign as an elector and circulate. ..SB 85 Notarized Affidavits; recall petitions; paupers' qualifying petitions; restrictions for notaries .............SB 6 Notices by Certified Mail or Statutory Overnight Delivery...........................................................................SB 436 OCGA Code Title 21; correct errors, omissions...........................................................................................HB 1260 Political Advertisements; identity of person purchasing.............................................................................HB 1361 Probate Judges; nonpartisan elections in certain counties................................................................................SB 79 Public Officers and General Assembly Members; acceptance of gifts from lobbyists during
legislative sessions prohibited..........................................................................................................................SB 467 Senatorial Districts 1 and 2; change description..............................................................................................SB 247 Senatorial Districts 33 and 37; apportionment; description...........................................................................SB 530 Special Referendum; Ad Valorem Exemption for Family-owned Farm Equipment..............................HB 1416 State Court Judges; eligibility; residency requirements..................................................................................SB 449 State Ethics Commission; initiation of complaints; technical defects..........................................................SB 439 Voter Registration; list of electors; confidential files; certain residence addresses...................................SB 503 Voting Booths; children under age 17 may accompany parents ..................................................................HB 266 Voting Sites; absentee balloting; use of government buildings....................................................................SB 227 Voting Sites; absentee balloting; use of government buildings....................................................................SB 235 Write-in Candidates; filing notice of intention prior to election.....................................................................SB 80 Write-in Candidates; vote tabulation; change procedures................................................................................SB 91

ELECTRIC UTILITIES Cogeneration Facilities; electrical or solar; net energy metering..................................................................SB 433 Electricity Used for Farm Crop Irrigation; exempt sales tax. ......................................................................... HB 82 Natural Gas Used in Production; sales tax exemption...................................................................................HB 567 Utility Facility Protection Act; blasting and excavating operations..........................................................HB 1290

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2697

ELECTRONIC TECHNOLOGY, TRANSMISSIONS American Electronics Association's High-Tech Day......................................................................................SR 632 Business Corporations; electronic filing of documents....................................................................................SB 23 Civil and Criminal Cases; format; content; facilitate electronic data transmission...................................SB 176 Communications or Conversations; interception, recordings; concern for child's safety or welfare......SB 414 Computer E-mail: Employees Experiencing Threats of Violence in Workplace....................................HB 1275 Corrections Department Web Site; Notices of Release Date of Inmates.................................................HB 1412 Courts; Electronic Records in Lieu of Paper Documents in Civil Cases.....................................................SB 472 Election Disclosure Reports; filing in electronic format.................................................................................SB 225 Electronic Filing; campaign contribution financial disclosure reports.....................................................HB 1630 Electronic Funds Transfer; Workers' Compensation benefits....................................................................HB 1184 Electronic Records and Signatures Act; filing corporate documents.............................................................SB 23 Electronic Records and Signatures; committee to study................................................................................SB 465 Electronic Security Systems; information not subject disclosure.................................................................SB 364 Electronic Surveillance, Interception of Communications or Monitoring Persons
for Crime Prevention Purposes.....................................................................................................................HB 1576 Electronic Transmissions; Rules Governing Standard Forms to be Used by Probate Courts ...........HB 1428 Filing Ad Valorem Property Tax Returns; oaths; signature requirements...............................................HB 1265 GCIC; request for Criminal History Records of Felony Convictions.........................................................HB 613 Georgia Technology Authority; establish; create GeorgiaNet Division......................................................SB 465 Insurance Premium Finance Companies; electronic records, signatures.....................................................SB 438 Internet Access; official list of named roads, bridges and interchanges...................................................HB 1153 Internet; alcoholic beverage sales by licensed retail grocers.........................................................................SB 434 Internet Service Sites; managed care entities; enrollee information.............................................................SB 432 Invasion of Privacy; unlawful use of cameras, photographic or video equipment; surveillance or
recording of another...........................................................................................................................................SB 316 Magistrate Court Document Filing; electronic records, signatures..............................................................SB 403 Motor Vehicle Insurers or Agents; on-line access to driver records..............................................................SB 69 Sales Tax; exemption; business computers, equipment for high-tech industry.......................................HB 1510 Sales Taxes; internet consumer sales; urge sales tax equity between in-state merchants and
out-of-state sellers .............................................................................................................................................HR 973 Search Warrant Applications by Video Conference; electronic signatures.............................................HB 1294 Sheriffs; automated or computerize record-keeping; security......................................................................HB 235 Space-based Telecommunications; Global Market; study commission.........................................................SR 15 Stalking; harassing or intimidating communications or broadcasts..........................................................HB 1097 State Agencies; rules, regulations; publication by electronic means............................................................SB 439 State Government Decentralization Due to Technological Advances.........................................................SR 490 State Publications, Documents in Electronic Form to University of Georgia Libraries ........................HB 1358 Telecommuting by State Employees; state agencies adopt policy................................................................SB 305 Traffic-Control Signal Monitoring Devices; use permits; evidence.............................................................SB 123 Workers' Compensation; payment of income benefits; electronic funds.....................................................SB 332
ELKS LODGES; Ad Valorem Property Tax Exemption; state-wide referendum...................................HB 1247
ELLIJAY-GILMER COUNTY WATER AND SEWERAGE AUTHORITY; terms; quorum......HB 1651
ELLIOTT, BILL; Introduced .........................................................................................................................Page 1206
ELLIOTT, JESSE; Eagle Scout; commend......................................................................................................SR 706
ELLISON, JOHN L.; commend .........................................................................................................................SR 508
EMANUEL COUNTY Property Conveyance; road improvement projects.......................................................................................HR 1081 Transfer to Heart of Georgia-Altamaha Regional Development Center.....................................................HR 121

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2698

JOURNAL OF THE SENATE

EMERGENCY MANAGEMENT (Also See Disaster Emergencies or Military) Front-line Health Care Workers; exposure controls; infectious diseases ..................................HB 1448 Income Taxes; credit; taxpayers receiving GEMA or FEMA disaster assistance. .................................HB 1531 Search and Rescue; private dog teams; licensing; state registry................................................................HB 1311 Workers Compensation Coverage; National Guard and State Defense Force.........................................HB 1391
EMERGENCY MEDICAL SERVICES Ambulance Service Territories; timely decisions; appeals..............................................................................SB 65 Punishment for Crimes Involving Injury or Death of a EMS Technician...................................................SB 120 Rural Non-emergency Transportation; health care provider contracts..........................................................SB 89
EMINENT DOMAIN Condemnation Notices; certified mail or statutory overnight delivery........................................................SB 436 Private Waterworks or Sewage System Utilities; powers; consent..............................................................SB 343 Special Purposes; property for sewage treatment and disposal systems......................................................SB 339
EMPIRE BOARD OF REALTISTS, INC.; commend .................................................................................SR 558
EMPLOYEE HEALTH BENEFIT PLAN, STATE Contracts; coverage of local boards of education members............................................................................... SB 5 Health Insurance Plan; alternative health care coverage. ...............................................................................SB 388 Inclusion of Georgia-Federal Inspection Service Employees, Retirees...................................................HB 1379 Inclusion of Employees Retired Under Judicial Retirement System. ..........................................................HB 566 Patient Information Obtained from Pharmacies; confidentiality..................................................................HB 819 Policy Identification Cards; required preprinted information.......................................................................HB 670 State Personnel Board; changes to plan; administrative procedures...........................................................HB 668 Supplemental Funding; appropriations...........................................................................................................HB 1161
EMPLOYEES' RETIREMENT SYSTEM Appellate Court Judges; eligibility; age and years of service........................................................................SB 263 Benefits; postretirement increases; persons not eligible. ................................................................................SB 421 Board of Trustees; voting, nonvoting members...............................................................................................SB 422 Creditable Service; certain 'specifically recruited employees'.......................................................................SB 265 Creditable Service; credit for certain prior teaching service.........................................................................HB 772 Creditable Service; members of District Attorney's Retirement System. .................................................HB 1046 Creditable Service; military duty during time of military draft.......................................................................SB 45 Creditable service; military duty; teaching service within U.S. Department of Defense. ........................SB 147 Creditable Service; officers, employees and secretaries of state court judges...........................................HB 988 Creditable Service; prior service as district attorney investigator................................................................HB 654 Creditable Service; prior service as temporary full-time employee.............................................................HB 767 Membership Options; certain members of Judicial Retirement System. ....................................................HB 764 Retirees of Georgia-Federal Inspection Service; health insurance plan..................................................HB 1379 Taxpayers' Pension Advocate to Review Involuntary Separation Benefits..............................................HB 1285 Transfer of Contribution to the Georgia Judicial Retirement System. ........................................................HB 543 Transfer of Service Credits; members who change employment.................................................................HB 999
EMPLOYMENT Consumer Choice Negotiated Health Insurance Plan Act..............................................................................SB 526 Drug-free Workplace Programs; workers' compensation insurance premium discounts.........................SB 470 Employees Experiencing Violence or Threats in Workplace; restraining orders....................................HB 1275 Employees; wage or salary payment; credit transfer to bank account...........................................................SB 52 Employer Provided Transportation Fringe Benefits; income tax credit....................................................HB 1134 Minimum Wage; increase to $5.15 per hour....................................................................................................HB 549 Personnel Files; personal data not subject to disclosure...................................................................................SB 21 Rehabilitation Services; transfer functions to Labor Department................................................................HB 172 Self-funded Employer-based Health Plans; state regulation authority...........................................................SR 10

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INDEX

2699

EMPLOYMENT (Continued) Test or Examination Used to Evaluate Employee Aptitude; disclosure. .....................................................SB 409 Unemployment Compensation; benefits; affect of severance pay................................................................SB 119 Unemployment Compensation; employer contribution rates; reductions...................................................SB 107 Workers' Compensation; benefits; appeals; overpayments; burial and disability benefits; self-insurers; guardians....................................................................................................................................HB 135 Workers' Compensation; deceased employees; settlements; medical payments; electronic funds......HB 1184 Workers' Compensation; injured employee's right of action......................................................................HB 1400 Workers' Compensation; settlements; medical payments; weekly benefits; death resulting from injury; electronic funds.....................................................................................................................................SB 332 Workplace Violence or Threats; family violence; restraining orders...........................................................SB 486
EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations) Unemployment Compensation; benefits; affect of severance pay................................................................SB 119 Unemployment Compensation; employer contribution rates; reductions...................................................SB 107
ENERGY Cogeneration Facilities; electrical or solar; net energy metering..................................................................SB 433 Electricity; natural gas used in production; sales tax exemption..................................................................HB 567
ENGINEERS AND LAND SURVEYORS Engineers Over Age 70; license renewal; education waivers..........................................................................SB 22 Evaluators of On-site Sewage Management and Septic Tank Sites...............................................................SB 30 Power Engineers; grades of licenses and classification of plants.................................................................SB 531 Professional Engineers; inspections for building code compliance.............................................................HB 151 Professional Engineers; site evaluations for on-site sewage systems..........................................................HB 846 State Board of Registration; increase membership to seven..........................................................................SB 430
ENGLISH, DEPUTY ALDRANON; tribute to. .............................................................................................SR 814
ENTERPRISE ZONES; Tax Exemptions, Credits, Reductions from School Taxes ................................SR 249
ENTERTAINMENT Nude Dancing Clubs; location restrictions; distance requirements..............................................................SB 321 Ticket Scalping Laws; regulate ticket brokers; exemptions..........................................................................HB 331
ENVIRONMENTAL PROTECTION (Also See Natural Resources or Hazardous Materials) Agricultural Advisory Committee; rules changes effecting family farms................................................HB 1182 Air Pollutants; non-attainment area; auto exhaust emission inspection, testing.....................................HB 1423 Air Pollution; Board of Natural Resources rules, regulations; cost benefit analysis; approval...............SB 311 Air Pollution; Motor Vehicle Emissions; biennial inspections.....................................................................SB 313 Commercial Analytical Laboratories; accreditation; effective date...........................................................HB 1376 Global Warming; emission controls; urge renegotiate Kyoto Protocol. ......................................................SR 230 Greenspace Preservation Program; trust fund; assist developed and rapidly developing counties;
protect lands and waters....................................................................................................................................SB 399 Local Government Code Enforcement Boards Act; violators; fines...........................................................HB 591 Low-emission Vehicles; Electric Vehicle Chargers; Diesel Engines Emissions Reduction Equipment
Income tax credits.............................................................................................................................................HB 801 Permit and Variance Applications; period of time must be acted on...........................................................SB 327 Rivers of West Georgia; committee to study steps to protect.......................................................................HR 215 State Tree Protection Law; land development in high growth areas...........................................................HB 557 Waste Management Standards; Solid Waste Disposal Facilities; permitted vertical expansions...........SB 468 Water Irrigation Reduction Incentives; Drought Protection Program.......................................................HB 1362 Water Management and Allocation, Joint Committee to Study....................................................................SR 175 Water Pollutants; impaired waters; water quality monitoring.......................................................................SB 473 Water Pollution; waste-water treatment facility bypasses; prohibit additional sewer connections........SB 121

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2700

JOURNAL OF THE SENATE

ENVIRONMENTAL PROTECTION (Continued) Water Quality; Lake Lanier Watershed, Reservoir; committee to study.....................................................SR 284 Water Quality; Lake Sidney Lanier Watershed Governance Council Act...............................................HB 1562 Water Use Restrictions During Drought Periods; uniformity.....................................................................HB 1373 Watershed Protection Plans; public water supply; enforcement...................................................................SB 229
EPILEPSY DISORDER Disqualification to Operate Vehicle Safely; frequency of episodes..........................................................HB 1180 Disqualification to Operate Vehicles; episodes of lapsed or altered consciousness.................................HB 122
EQUITY; Removal of Clouds on Title Following Tax Sales; quia timet; special master. ....................HB 1354
EQUITY IN SPORTS ACT; gender equity in interscholastic events......................................................HB 1308
EROSION AND SEDIMENTATION ACT Control Land-disturbing Activities on All Waters Including Trout Streams...........................................HB 1426 Highway or Road Construction or Maintenance Projects; erosion and sediment control plans;
Overview Council...............................................................................................................................................SB 524 Violations; Local Government Code Enforcement Boards Act...................................................................HB 591
ERVIN, JAMES E. 'JIM' OF ALBANY; commend .....................................................................................SR 390
ESCAPE; Fleeing or Attempting to Elude a Police Officer; punishment.....................................................SB 175
ESTATES (Also See Wills and Property) Annuities; nonforfeiture provisions; cash surrender benefits .....................................................................HB 1594 Bankruptcy and Intestate Insolvent Estates; exemption; property owned jointly by both spouses........HB 703 Heirs, Creditors; property owned by an intestate decedent; title; interest................................................HB 1204 Life Beneficiary Community Trust Accounts; distribution; withdrawals.................................................HB 1026 Probate Courts; standard forms; facilitate use of computer technology...................................................HB 1428
ESTHETICIANS; regulate practice of cosmetic skin care...............................................................................SB 95
ETHICS IN GOVERNMENT (Also See Elections or Public Officers) Campaign Contributions or Pledges; prohibit solicitation by General Assembly members during Legislative Session............................................................................................................................................SB 354 Campaign Donation Limits in State-wide Campaigns Revised; disclosure; filing.................................HB 1630 Compensated Lobbyists; ineligible membership on state boards, commissions or committees..............SB 384 Elections; campaign disclosure reports; file in electronic format.................................................................SB 225 Employee Wage Deductions for Political Purposes; Senate amendment....................................................SR 100 Former Officials, General Assembly Members; prohibited conduct.............................................................SB 33 General Assembly Members and Members-Elect; ethics laws training.......................................................SB 520 Lobbying Practices Prohibited; state agencies using public funds..............................................................HB 720 Lobbyists Registration Fees; change amounts.................................................................................................SB 459 Political Advertisements; identity of person purchasing.............................................................................HB 1361 Public Officers, General Assembly Members; acceptance of gifts from lobbyists during Legislative Sessions prohibited.......................................................................................................................SB 467 State Commission; administrative procedure; initiation of complaints.......................................................SB 439
EVANS COUNTY; State Service Delivery Regions; change Region.........................................................HB 755
EVIDENCE Admissible Statements; victims under age 16; sexual, physical abuse........................................................SB 214 Arrest Warrant Application Hearings; witnesses; cross-examination.........................................................HB 259 Civil Actions; foreign judgments; punitive damages; appeals; bonds.........................................................SB 487 Confidentiality of Research Data in Science, Medicine, Other Fields.........................................................SB 168

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2701

EVIDENCE (Continued) DNA Analysis of All Convicted Felons; procedures for performing and recording the results;
Striking profile from data bank.......................................................................................................................SB 318 Service of Subpoenas; certified mail or statutory overnight delivery..........................................................SB 436 Subpoenas and Notices; per diem witness fees and mileage.........................................................................HB 340 Witnesses; privileged medical information; confidential raw research data............................................HB 1300 Witnesses; Professional Malpractice Damage Actions; expert opinions.....................................................SB 345
EXAMINING BOARDS, STATE (Also See Professions and Businesses) Acupuncture Practice Act; licensing of persons to practice..........................................................................HB 814 Architects and Interior Designers, State Board of; creation...........................................................................SB 350 Board of Cosmetology; powers and duty to regulate........................................................................................SB 95 Chiropractors; acts or omissions being investigated; disclosure...................................................................SB 483 Composite Board of Professional Counselors, Social Workers, Marriage and Family Therapists;
licensure; separate specialty panels................................................................................................................SB 457 Construction Industry Licensing Board; underground utility systems.........................................................SB 350 Health Care Practitioners; centralized credentialing ....................................................................................HB 1038 Health Care Professionals, Occupations; scope of practice. ..........................................................................SR 123 Health Care Professionals; pain management for the terminally ill advisory committee. ..........................SB 38 Health Care; Volunteers in Health Care Specialties Act; special licenses ...............................................HB 1352 Licenses; refusal and revocation; proceedings; delivery of notices..............................................................SB 436 Members of Regulatory Boards; state residency requirement......................................................................HB 351 Mental Health Therapists; add name to Composite Board............................................................................HB 271 Mental Health Therapists; licensure; state board membership......................................................................SB 249 Physical Therapy and Physiotherapy; scope of practice; definitions.............................................................SB 25 Physicians, Retired; special license to practice volunteer services..............................................................HB 146 Power Engineers in Charge of Power Plants; state board to regulate. .........................................................SB 531 Professional Engineers; license renewal; education waivers...........................................................................SB 22 Psychologists, State Board of Examiners; investigations...............................................................................SB 391 Real Estate Appraisers Board; appraiser classification; sanctions................................................................SB 350 Real Estate Commission; applicants; licensees; investigations.....................................................................SB 350 Rename State Examining Boards as Professional Licensing Boards..........................................................HB 734 State Board of Registration for Professional Engineers and Land Surveyors; increase membership.....SB 430 Utility Contracting; licensing; sewage treatment systems associated with landfills; engineers may
perform on-site evaluations.............................................................................................................................HB 846 Water and Wastewater Treatment Plant Operators and Lab Analysts, State Board. .............................HB 1251
EXCISE TAX Alcoholic Beverage Sales on Cruise Ships; fees and taxes .........................................................................HB 1383 Applicable to Wine Shipment from Out-of-State Directly to Consumers................................................HB 1273 Hotel-Motel Tax; purposes; bicycle trails and pedestrian walkways; Maritime Trade Center;
community auditorium or theatre. ................................................................................................................HB 1375 Hotel-Motel Taxes; liability of Innkeepers; exempt government employees..........................................HB 1186 Levy for Certain Conference, Convention Facility; completion date........................................................HB 1149
EXPLOSIVE DEVICES, MATERIALS; additions to list...........................................................................SB 392
EXTRADITION, CRIMINAL; Inmates; escapees from confinement; extradition orders...................HB 1397
EYEGLASSES, CONTACT LENSES, VISUAL CARE (Also See Medical Practice) Driver's License Vision Testing; who may administer. ..................................................................................SB 232 Health Insurance Benefits; vision care; Timely Payments..........................................................................HB 1586 Optometrists; therapeutically licensed; prescription authority........................................................................SB 16

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2702

JOURNAL OF THE SENATE

F
FAGERBERG, PAULA; University System Academic Scholar..................................................................SR 731
FAGLER, JENNIFER BROOKE; University System Academic Scholar................................................SR 727
FAIR BUSINESS PRACTICES (Also See Commerce and Trade or Selling) Telemarketing Sales Solicitations; require identity of caller; prohibit electronic caller ID blocking ..HB 542 Regulate Persons Who Solicit Contributions on Behalf of Charitable Organizations .....................SB 499 Telephone Solicitors; violation; conceals or misrepresents identity or phone number ..................HB 1492
FAIRFIELD INN IN DOWNTOWN ATLANTA; commend.....................................................................SR 803
FALCON PARKWAY; designate portion Atlanta Highway in Hall County.............................................SR 646
FAMILY AND CHILDREN SERVICES, DFACS (Also See Human Resources and Public Assistance) Boards; removal of members; delivery of notices...........................................................................................SB 436 Child Advocate Office; create to monitor complaints made on behalf of children....................................SB 500 Child Advocate Office Created to Oversee Protective Services, Agencies.............................................HB 1422 DFACs; directors; removal for cause; staff salaries; annual report on child protective services.........HB 1406 Disabled Adults, Elder Persons; abuse, neglect protective services.............................................................SB 199 Belief a Child's Life in Danger; protective custody by physician; Terrell Peterson Act..........................SB 315

FAMILY VIOLENCE (Also See Domestic Relations or Crimes) Child Custody Proceedings; evidence; court files; public inspection..........................................................SB 378 Family Violence Battery; enhanced penalty; punishment..............................................................................SB 481 Family Violence, State Commission on; extend to Year 2002......................................................................SB 383 Petitions Seeking Relief; limit dismissal of such petitions............................................................................SB 355 Protective Orders and Injunctions; granting relief; workplace violence or threats; specify remedies; notify law enforcement officers........................................................................................................................SB 486 Protective Restraining Order; situations when not in contempt...................................................................HB 642 Unfair Discrimination Against Family Violence Victims; insurers.............................................................SB 464 Victims of Abuse and Related Medical Conditions; acts by insurers..........................................................SB 260
FANNIN COUNTY RECREATION DEPARTMENT GIRLS BASKETBALL; commend.............SR 746

FARMS AND FARMERS (Also See Agriculture) Ad Valorem; exemption; farm equipment used in production by family owned farms........................HB 1416 Agriculture; Cooperative Marketing Associations; charters; bylaws........................................................HB 1141 Animal Agriculture and Contribution to State Economy; commend............................................................SR 761 Cotton Producers Indemnity Fund; claims for additional losses................................................................HB 1277 Dairy Act; Grade A Pasteurized Milk Ordinance .........................................................................................HB 1132 Dairy Act; violations; monetary penalty in lieu other action......................................................................HB 1140 Dairy Products; temporary use of branded cans, bottles, receptacles.......................................................HB 1139 Dead Animal Disposal Act; additional methods; incineration....................................................................HB 1138 Environmental Protection Division Agricultural Advisory Committee....................................................HB 1182 Family Owned Farm Entities; ad valorem conservation use property......................................................HB 1217 Farmers and Consumers Market Bulletin; advertisements, notices; fees ....................................................SB 525 Farmers' Mutual Fire Insurance Companies; maximum risk amounts...........................................................SB 37 Irrigation of Farm Crops; electricity used; exempt sales tax........................................................................... HB 82 Leaf Tobacco Sales; contracts between tobacco companies and growers................................................HB 1245 Linked Deposit Loan Programs; low interest rates; study committee..........................................................SR 351 Organic Food or Feed; Georgia Organic Certification and Labeling Act....................................................SB 477

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INDEX

2703

FAYETTE COUNTY Designate; Paul Heard Highway; Fayette County ..........................................................................................HR 927 Juvenile Court Probation Services; transfer to state-wide system..............................................................HB 1708
FEDERAL GOVERNMENT (Also See Congress) Forensic Science Laboratories; urge federal grants to support......................................................................SR 525 Georgia Tax Code; incorporate federal law into Georgia law. ...................................................................HB 1137 Global Warming; emission controls; urge renegotiate Kyoto Protocol. ......................................................SR 230 Lands Legacy Initiative, Saving America's Treasures; urge support...........................................................SR 242 Motorcycle Helmets; urge Congress revise safety standards ........................................................................SR 231 National Marine Sanctuary; Gray's Reef off Sapelo Island; urge continued public access.....................HR 816 Nuclear Fuel Shipments; urge NRC assess risks of terroristic attacks.........................................................SR 517 Peanut Growers; urge funds to offset peanut crop program losses...............................................................SR 478 Petitioning for State Authority to Regulate Self-funded Employer-based Health Plans.............................SR 10 Proposed Burlington Northern/Canadian National Railway Consolidation; economic effects of...........SR 708 State Regulatory Responsibility Act; federal mandates; guidelines.............................................................SB 394 Urge No Federal Mandates Impacting Agriculture; Hypoxia Assessment in Gulf of Mexico.................SR 467 U.S. Census Bureau; ensure accurate population count, 2000 census.........................................................SR 205

FELONS (Also see Crimes or Criminal Procedure or Inmates) Felony Trials; sentencing chronic drug users; defendant's cooperation; identify drug illicit seller........SB 488 Firearms Possession; increase penalty............................................................................................................HB 1522 Offense of Possession of a Firearm by a Convicted Felon.............................................................................SB 466 Sentencing; Hard Time for Violent Felons Act; imprisonment.....................................................................SB 476
FERGUSON, PIERCE JACKSON; name Memorial Highway to honor; Lincoln County...................HR 754
FERRELL, JOSEPH EDWARD, SR.; honoring his life. .............................................................................SR 546
FIDUCIARIES Breach of a Fiduciary Obligation Against an Elderly Person........................................................................SB 407 Georgia Qualified State Tuition Program; family savings for education.................................................HB 1189
FIELDS, REVEREND WILLIAM HENRY; commend ..............................................................................SR 548
FINANCIAL INSTITUTIONS (See Banking and Finance)
FINES AND FORFEITURES Courts; fines collected for local victim assistance programs; reporting...................................................HB 1264 Fines Collected for Local Victim Assistance Programs; financial reports...............................................HB 1264

FINGERPRINTS (Also see Crime Information Center) Criminal History Record Repository; interstate identification system.........................................................SB 118 Criminal Records Check by the FBI; foster care home applicants..............................................................HB 298 Criminal History Records Check; applicants for license to sell checks or money orders or check cashers and mortgage brokers .................................................................................HB 1231 Criminal History Records; Real Estate Appraisers, Salespersons ...........................................HB 1151 Driver's License; fingerprint requirement waiver.. ..........................................................................................SB 322 GCIC; criminal history records request of felony convictions.....................................................................HB 613 Peace Officers; firearms background checks; state Brady Law Regulations ..............................HB 1392 Professional Licensees; fingerprint records; conviction data ..................................................SB 350 TANF; public assistance eligibility; applicant identity verification.............................................................SB 212

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2704

JOURNAL OF THE SENATE

FIRE PROTECTION AND SAFETY Buildings; Assisted Living Facilities; minimum safety standards................................................................SB 131 Crime of Arson in 1st Degree; offenses committed by juveniles; superior court jurisdiction .................SB 203 Farmers' Mutual Fire Insurance Companies; maximum risk amounts...........................................................SB 37 FBI; background checks of firefighters; urge eliminate fee...........................................................................SR 800 Fire Departments; employment applicants; criminal history records...........................................................SB 356 Fire or Electronic Security Systems; records not subject disclosure............................................................SB 364 Fire or Other Hazards Endangering Life, Property; citations for noncompliance; timely compliance
to remedy condition; prosecution......................................................................................................................SB 73 Fire Protection Sprinkler Violations; cease, desist orders; notices...............................................................SB 436 Firefighters; compensation for line of duty injuries, disabilities...................................................................SR 204 Firefighters; indemnification; compensation for disabling injuries..............................................................SB 377 Firefighters' Pension Fund; members; expand eligibility; purposes............................................................SB 188 Firefighters' Pension Fund; prior eligible service credit .................................................................................SB 267 Firefighters' Pension Fund; reinstatement; prior service credit....................................................................HB 887 Firefighters' Recognition Day; observance .......................................................................................................SR 477 Firefighters, Volunteer; create Georgia Class Nine Fire Department Pension Fund................................HB 887 License Plates; special for certified firefighters; eligibility............................................................................SB 127 Punishment for Crimes Involving Injury or Death of a Firefighter. .............................................................SB 120
FIREARMS AND WEAPONS Bow and Arrows; noncommercial fishing in Savannah River; conditions...............................................HB 1320 Concealed Weapons Exemption; retired district attorney personnel, state trial and appellate judges...HB 110 Crimes Involving Marijuana or Other Drugs and Possession of Firearm or Knife; penalty ....................SB 450 Criminal Negligence; Allowing Minor Obtain Access to Certain Guns......................................................SB 308 Explosive Materials; additions to list.................................................................................................................SB 392 Firearms Possession Penalty; convicted felons, first offender probationers............................................HB 1522 Obstruction of Law Enforcement Officers; unlawful to remove or attempt to remove their weapons. HB 905 Pistols or Revolvers; dangerous practices; criminal offenses of carrying or possession..........................SB 466 Pistols or Revolvers; license to carry prohibition; persons convicted of felony drug offenses .................SB 15 Private Detective, Security Businesses; permits to carry firearms...............................................................HB 326 School Security Personnel; law enforcement; carrying of firearms..............................................................SB 152 State Brady Law Regulations; background checks; certified peace officers............................................HB 1392
FISHERMEN, COMMERCIAL DEALERS Sales Tax Exemption; diesel fuel for fishing boats......................................................................................HB 1582 Sales Tax Exemption for Commercial Fishing Purposes ........................................................SB 81
FISHING (Also See Game and Fish) Salt-water; commercial trawlers; expand possession limit on whiting ........................................................SB 159 Savannah River; noncommercial fishing for catfish with bow and arrows..............................................HB 1320 State Waters and Trout Streams; soil erosion and sedimentation controls...............................................HB 1426 Taking Fish by Means of a Gill Net Prohibited.............................................................................................HB 1124
FLAG, STATE; change design; remove Confederate Battle Flag portion...................................................SB 420
FLINT JUDICIAL CIRCUIT; Transfer Butts, Lamar, Monroe Counties to a New Circuit...................SB 219
FLINT RIVER DROUGHT PROTECTION ACT; irrigation reduction incentives...........................HB 1362
FLIPPIN, REVEREND WILLIAM E., SR.; commend ...............................................................................SR 753
FLOYD COUNTY Ad Valorem; school taxes; homestead exemption........................................................................................HB 1639 Ad Valorem; school taxes; homestead exemption; residents age 75 or over...........................................HB 1641 Ad Valorem Taxes; homestead exemption ....................................................................................................HB 1705

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2705

FLOYD COUNTY (Continued) Board of Commissioners; filling of vacancies...............................................................................................HB 1298 Property Conveyance; City of Cave Spring; hearing impaired long-term care facility.............................SR 502 Property Conveyance; easement; pipeline crossing Oostanaula River and Etowah River.......................SR 516 Property Conveyance; surplus DHR Rehabilitation Workshop; Rome.....................................................HR 1081
FLOYD, KEVIN S.; University System Academic Scholar...........................................................................SR 718
FOLKSTON, CITY OF; Charlton-Folkston-Homeland Airport Authority; new name; members......HB 1468
FOOD, DRUGS AND COSMETICS (Also See Drugs or Pharmacies or Food Service) Dairy Act; violations; monetary penalty in lieu other action......................................................................HB 1140 Dairy Products; retail sales; branded cans, bottles, receptacles.................................................................HB 1139 Food Sales Establishments; licensure; exemption...........................................................................................SB 331 Food Sales, Food Service Establishments; inspections; enforcement..........................................................SB 375 Food Service Establishments; require food protection managers...................................................................SB 60 Licensees; methods to send notices of revocation, suspension.....................................................................SB 436 Milk Products; Grade A Pasteurized Milk Ordinance..................................................................................HB 1132 Organic Food and Feed; Georgia Organic Certification and Labeling Act.................................................SB 477 Pharmacies Shipping Prescription Products Into State; drug index. .............................................................SB 239 Pharmacists; scope of practice; drug therapy management.........................................................................HB 1447 Vidalia Onions and Products; promotional activities; fees.........................................................................HB 1142
FOOD SERVICE Restaurant Food Safety; protection manager certification...............................................................................SB 60 Food Sales; roadside stands, sandwich or salad manufacturer; vending machines; inspections .............SB 375
FORESTRY Authority to Practice on Lands Owned in Fee Simple or as Life Tenant...................................................HB 112 Forest Products Industry; Sustainable Forestry Initiative; commend...........................................................SR 619 Landowners; Prescribed Burning to Control Fires; burning of leaves......................................................HB 1123 State Tree Protection Law; minimum standards; high growth areas...........................................................HB 557 Timber, Harvested; fair market value; property tax assessment..................................................................HB 523 Timber; trespassers; timber cut and carried away; amount of damages.......................................................SB 538
FORFEITURE OF PROPERTY Actions Involving Illegal Drugs or Medicaid Fraud; service of the complaint and summons................HB 708 DUI; habitual violators arrested when minor is occupant of vehicle............................................................SB 273 RICO Act; forfeiture actions; disposition of net proceeds.............................................................................SB 413 Vehicles; unauthorized sale, transfer or removal of license plates...............................................................SB 166
FORGERY AND RELATED OFFENSES (Also See Crimes and Offenses) Crimes Against Elderly or Disabled Persons; penalty; reporting.................................................................SB 407 Deposit Account Fraud; dishonored instruments fees; Loan Sharking.....................................................HB 1389 Deposit Account Fraud or Dishonored Checks; handling fees...................................................................HB 1257 Driver's License; false information relative to criminal history....................................................................SB 322 False Swearing by Persons Making Property Tax Returns; criminal penalty..........................................HB 1265 Felony Insurance Fraud Committed Against Persons Age 60 or Older. .....................................................HB 513 Filing Fraudulent Affidavits Canceling Secured Indebtedness....................................................................HB 429 Fraud or Abuse of Victims Over Age 65; increase punishment....................................................................SB 186 Fraud; TANF Assistance; applicant fingerprint identity verification...........................................................SB 212 Loan Sharking; unlicensed lenders; criminal usury statute............................................................................SB 294 Theft by Shoplifting, Cheating or Defrauding Retail Merchants..................................................................SB 307 Uniform Fraudulent Transfers Act; debtor and creditor relations................................................................HB 257
FORSYTH, CITY OF; Office of Mayor; repeal term limitations................................................................SB 277

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2706

JOURNAL OF THE SENATE

FORSYTH COUNTY Ad Valorem; school taxes; homestead exemption........................................................................................HB 1709 Office of the Sheriff; employees exempt civil service system....................................................................HB 1710 Regional Water Planning; Lake Sidney Lanier Watershed Governance Council Act............................HB 1562 Superior Court; Bell-Forsyth Judicial Circuit; additional judge.................................................................HB 1425
FORT MOUNTAIN STATE PARK; property exchange; U.S. Forestry Service.....................................SR 503
FORT OGLETHORPE; Ad Valorem; homestead exemption; certain residents; referendum.............HB 1570
FORT VALLEY, CITY OF; Corporate Limits; annex certain land.........................................................HB 1395 Fort Valley Middle School; Earthquake Awareness Day; commend...........................................................SR 495
FOSTER CARE Criminal Misconduct Involving a Child; Office of Child Advocate investigations...............................HB 1422 DHR Selection Process; conviction data on adults residing in home...........................................................SB 102 Fingerprint Records Check; prerequisite to foster home operation.............................................................HB 298
FOSTER FAMILY BRIDGE; Designate in Paulding County.......................................................................SR 42
FOWLER, DR. JOHN ED; commend...............................................................................................................SR 614
FOWLER, REVEREND MILES E.; commend .............................................................................................SR 689
FRANCHISE PRACTICES (See Motor Vehicle Dealerships and Franchises)
FRANKLIN COUNTY; Board of Commissioners; part-time chairperson; county manager office....HB 1218
FRAZIER, CHARLOTTE; commend ..............................................................................................................SR 633
FREE, SHIRLEY; claims against the State; compensate..............................................................................HR 874
FRESHOUR, SARAH; commend ......................................................................................................................SR 676
FULTON COUNTY Ad Valorem Taxes; homestead exemption; assessed value; referendum.....................................................SB 511 Appointment of Jury Clerks and Other Court Personnel................................................................................SB 501 Atlanta Community Improvement Districts; redefine 'electors', purpose, taxes......................................HB 1539 Board of Commissioners; urge equity in compensation among personnel.................................................SR 482 Designate; Horace E. Tate Freeway; Fulton County.......................................................................................SR 542 Designate; James E. 'Billy' McKinney Highway; portion of I-285...............................................................SR 484 Designate; Jondelle Johnson Drive; portion of US 41/10; Atlanta ...............................................................SR 232 Designate; Leroy Johnson-Fulton Industrial Boulevard.................................................................................SR 541 Fulton County and City of Atlanta; single due date for taxes.......................................................................HB 590 Fulton-DeKalb Hospital Authority Overview Committee; create.................................................................SR 416 MARTA; Board of Directors; change composition ........................................................................................SB 502 MARTA; 1% sales tax rate; extend until Year 2062....................................................................................HB 1615 Property Conveyance; Atlanta improvements to Custer CSO facility.........................................................SR 502 Property Conveyance; closure, Lorenzo Benn Youth Development Campus...........................................HR 956 Property Conveyance; extend lease for Underground Atlanta facility.........................................................SR 503 Repeal an Act Fixing the Salaries of Certain Judges...................................................................................HB 1541 Senate Delegation; civil action challenging local legislation.........................................................................SR 570 State Court; clerk and marshal; service fees; use of funds collected.........................................................HB 1312 State Courts of Limited Jurisdiction; additional penalties; judges' salary................................................HB 1372 State, Juvenile, Probate Court; judges; compensation.................................................................................HB 1546 Superior Court; Atlanta Judicial Circuit; additional judge..........................................................................HB 1425

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INDEX

2707

FUNDRAISERS, SOLICITORS (Also See Solicitors or Telemarketing) Charitable Solicitations; registration; records; regulate persons who solicit contributions; bonding.....SB 499 Nonprofit Fundraisers for Public Libraries; sales tax exemption.................................................................HB 567
FUNERALS AND FUNERAL ESTABLISHMENTS (Also See Cemetery) Cemetery and Funeral Services Act of 2000; enact......................................................................................HB 1609 Georgia Cemetery and Funeral Services Act of 2000; enact.........................................................................SB 462 Preneed Funeral Service Contracts; funds received deposited in insured depository institutions..........SB 431

G
GAINESVILLE, CITY OF; Designate; Howard T. Overby National Guard Armory..........................HR 1008
GALLAGHER, JAMES JOSEPH; condolences ...........................................................................................SR 635
GAME AND FISH (Also See Natural Resources) Dead Animal Disposal; additional methods; incineration...........................................................................HB 1138 Deer Hunting; seasons; increase bag limits ...................................................................................................HB 1465 Fishing, Commercial; sales tax exemption for fuel. ..........................................................................................SB 81 Fishing; salt-water commercial trawlers; whiting possession limits............................................................SB 159 Fishing; taking fish by means of a gill net prohibited..................................................................................HB 1124 Natural Resources Department; advertising and promoting activities.........................................................SB 393 Official Notices; certified mail or statutory overnight delivery....................................................................SB 436 Savannah River; noncommercial fishing for catfish with bow and arrows..............................................HB 1320 Water Quality; Aquatic Habitat; land-disturbances; buffers; erosion and sedimentation control........HB 1426 Wildlife or Feral Hogs, White-tailed Deer, Black Bear; control permits to trap, kill or remove ........HB 1409
GAMING; Coin Operated Devices; regulation; delivery of notices..............................................................SB 436
GARBAGE (See Waste Management or Landfills)
GARDENS AND NATURE CENTERS; official designation..................................................................HB 1322
GARNISHEES; filings by corporate officers; property subject continuing garnishment...........................SB 19
GAS, GASOLINE, PETROLEUM PRODUCTS/UTILITIES Income Tax Credit; low-emission vehicles; electric chargers; diesel emission reduction ......................HB 801 Motor Vehicle Combustion Engines; nitrous oxide fuel additives ............................................................HB 1183 Petroleum Industry; committee to study increased fuel pricing....................................................................SR 644 Sales Tax; exemption; natural gases used in production of electricity ......................................HB 567 Sales Tax; exemption; petroleum gas or fuel purchased for poultry industry.........................................HB 1236 Utility Facility Protection Act; blasting and excavating operations..........................................................HB 1290
GATEWAY VILLAGE PROJECT IN CLAYTON COUNTY; commend ............................................SR 789
GENERAL ASSEMBLY Adjournment; budget recess week......................................................................................................................SR 387 Adjournment; January 28 and January 31........................................................................................................HR 841 Adjournment; February 4 to February 7 ...........................................................................................................HR 939 Adjournment; February 10 to February 14.......................................................................................................HR 957 Adjournment; February 18; reconvene February 21........................................................................................SR 562 Adjournment; March 1; reconvene March 3..................................................................................................HR 1169 Adjournment; March 9; reconvene March 13...................................................................................................SR 680 Adjournment; March 16; reconvene March 20.................................................................................................SR 777 Adjournment; March 20; reconvene March 22 and sine die. ......................................................................HR 1427

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2708

JOURNAL OF THE SENATE

GENERAL ASSEMBLY (Continued) Annual Report on Seed-Capital Fund, Advanced Technology Development Center.............................HB 1629 Appointments to Commission on Men's Health Issues...............................................................................HB 1235 Approve Certain Rules, Regulations of Board of Natural Resources..........................................................SB 311 Assessment of Proposed Accident and Sickness Insurance Coverage Act.................................................SB 156 Bills Proposing Changes in Scope of Practice for Health Care Professionals; review procedures........HB 586 Bills Proposing Reconfiguration of Toll-free Call Areas; PSC review.......................................................HB 507 Claims Against the State; Introduction of Compensation Resolutions.......................................................HB 815 Commission on Juvenile Gangs to Study Issues..............................................................................................SR 491 Committee; Celebration of 250 Years of Representative Government.....................................................HR 1208 Committees; procedures; review impact of government agency rules...........................................................SB 78 Convened 2000 Session; notify Governor.........................................................................................................SR 384 Convening of the Senate; notify House of Representatives...........................................................................SR 385 Ethics; former members; attempts to influence proceedings prohibited........................................................SB 33 Georgia Medical Center Authority Overview Committee; creation.............................................................SB 440 Georgia Youth Legislature; create........................................................................................................................SR 16 Georgia Youth Legislature; create; effective upon funding...........................................................................SR 187 Joint Session; message from Chief Justice Robert Benham..........................................................................HR 746 Joint Session; budget message from Governor; Page 208.............................................................................HR 744 Joint Session; State of the State address by Governor; Page 46...................................................................HR 893 Joint Session; education address by Governor; Page 69...............................................................................HR 745 Legislative Information; public distribution in electronic format.................................................................SB 465 Legislative Retirement; board of trustees; discretionary increases...............................................................SB 266 Legislative Retirement; board of trustees; increases in allowances...........................................................HB 1031 Legislative Retirement; rejected membership; prior service credit..............................................................HB 859 Lobbying Practices Prohibited; state agencies using public funds..............................................................HB 720 Local Legislation; civil action challenging method of enactment; requesting Attorney General
provide legal representation.............................................................................................................................SR 570 Members and Members-Elect; ethics laws; mandatory training session.....................................................SB 520 Members; Environmental Protection Division Agricultural Advisory Committee.................................HB 1182 Members; lobbyists gifts of meals, food and drink during legislative sessions prohibited......................SB 467 Members; prohibit solicit Campaign Contributions or Pledges During Legislative Session...................SB 354 Members; suspension upon felony conviction; amend Constitution............................................................SR 411 Members; Vacancies; special elections..........................................................................................................HB 1361 Membership; Georgia Rail Passenger Authority Overview Committee.....................................................HB 455 Report From Education Coordinating Council in December of Every Year............................................HB 1187 Report of Findings; Child Custody Judicial Proceedings............................................................................HB 1133 Report to Committees; inventory of all state leased building space............................................................HB 630 Senate Members; election to 4 year term of office. .........................................................................................SR 412 Senatorial Districts 1 and 2; change description..............................................................................................SB 247 Senatorial Districts 33 and 37; apportionment; description...........................................................................SB 530 Special Elections to Fill Vacancies.................................................................................................................HB 1117 State Personnel Oversight Commission; membership; terms........................................................................SB 463

GENERIC DRUGS ; labeling of brand name drug on prescription container............................................HR 417 GEORGE, JAMES WENDELL; designate parkway to honor. ...................................................................SR 483 GEORGIA AGRICULTURAL EDUCATION HALL OF FAME; commend ......................................SR 584 GEORGIA AMBULANCE NETWORK; commend ....................................................................................SR 663 GEORGIA BUILDING AUTHORITY (See Building Authority, Georgia)

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INDEX

2709

GEORGIA BUREAU OF INVESTIGATION, GBI Crime Information Center; uniform crime reporting practices; criminal justice agencies; audits..........SB 356 Criminal History Records Check by FBI; foster care home applicants......................................................HB 298 Criminal History Records; employment applicant information to local fire departments........................SB 356 Criminal History Records Repository; ratify National Crime Prevention and Privacy Compact............SB 118 Criminal Records Check; foster or adoptive home selection process..........................................................SB 102 DNA Forensic Analysis of All Convicted Felons; procedures; Data Bank.................................................SB 318 Forensic Science Laboratories; urge federal grants to support......................................................................SR 525 GCIC; dissemination of criminal history records electronically..................................................................HB 613
GEORGIA CEMETERY AND FUNERAL SERVICES ACT OF 2000; enact....................................SB 462
GEORGIA CHILD ADVOCATE FOR THE PROTECTION OF CHILDREN ACT; enact. ......HB 1422
GEORGIA CODE (See Code of Georgia)
GEORGIA DAY; Honoring the Founding Families of the Colony..............................................................SR 530
GEORGIA ELECTRIC UTILITIES ; Efforts Following Ice Storm; commend.......................................SR 589
GEORGIA ENVIRONMENTAL FACILITIES AUTHORITY; Drought Protection Program; Water Irrigation Reduction Incentives........................................................................................................HB 1362
GEORGIA FARM BUREAU FEDERATION; commend ..........................................................................SR 466
GEORGIA FUNERAL DIRECTORS ASSOCIATION 100TH ANNIVERSARY; commend.........SR 767
GEORGIA-GREAT BRITAIN DAY, DECEMBER 22; proclaiming......................................................SR 522
GEORGIA INFORMATION TECHNOLOGY POLICY COUNCIL; successor Authority.............SB 465
GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER; funding............................HB 1375
GEORGIA MEDICAL CENTER AUTHORITY ACT; enact. .................................................................SB 440
GEORGIA MILITARY COLLEGE; Budget Requests and Appropriation of Funds...........................HB 840
GEORGIA OUTREACH PARENT TRAINING NETWORK DAY; proclaim....................................SR 616
GEORGIA POWER COMPANY Property Conveyance; power line easement; Houston County.....................................................................SR 504 Property Conveyance; utility easement; Barrow County...............................................................................SR 504
GEORGIA RECREATION AND PARKS ASSOCIATION; commend.................................................SR 476
GEORGIA REGIONAL TRANSPORTATION AUTHORITY Designated Georgia Rail Passenger Corridors for State Planning Purposes............................................HB 1348 Erosion and Sediment Control Overview Council; highway or road construction or maintenance. ......SB 524 MARTA Board of Directors; ex officio member; GRETA Director.........................................................HB 1615 Standards; diesel emission reduction technology equipment for truck stops; income tax credits..........HB 801 Urban Road Building Designs Accommodating Pedestrian Traffic; study..............................................HR 1051
GEORGIA SOUTHERN UNIVERSITY EAGLES FOOTBALL TEAM; commend.........................SR 488
GEORGIA STUDENT FINANCE COMMISSION; Georgia Qualified State Tuition Program; Family savings for education........................................................................................................................HB 1189

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2710

JOURNAL OF THE SENATE

GEORGIA TECH UNDERGRADUATE STUDENT GOVERNMENT ASSOCIATION...............SR 550
GEORGIA TECHNOLOGY AUTHORITY; establish; create GeorgiaNet Division............................SB 465
GEORGIA YOUTH LEGISLATURE Create.........................................................................................................................................................................SR 16 Create.......................................................................................................................................................................SR 187
GEORGIANET AUTHORITY Georgia Technology Authority; establish as successor; create GeorgiaNet Division...............................SB 465 On-Line Access to Driver Operating Records; motor vehicle insurers..........................................................SB 69
GIBSON, DEBRA; celebrating the life of. ........................................................................................................SR 826
GIGNILLIAT, CAPTAIN ION MCIVER; Peace Officer Meritorious Award; commend....................SR 424
GILBERT, GERALD S. 'JERRY'; commend .............................................................................................HR 1264
GILMER COUNTY Advisory Referendum; Land Use Zoning Ordinance, Unincorporated Area..............................................SB 534 Board of Commissioners; compensation...........................................................................................................SB 539 Designate; Brett C. Dickey Bridge across Toccoa River...............................................................................HR 881 Ellijay-Gilmer County Water and Sewerage Authority; members; terms; quorum. ...............................HB 1651 Property Exchange; Cohutta Wildlife Management Area. .............................................................................SR 503
GLADMAN, MICHELLE L.; University System Academic Scholar.........................................................SR 738
GLOBAL WARMING; emission controls; U.S. renegotiate Kyoto Protocol............................................SR 230
GLYNN COUNTY Ad Valorem; school taxes; homestead exemption........................................................................................HB 1691 Ad Valorem Taxes; homestead exemption ....................................................................................................HB 1690 Designate; Paul Warwick, Jr. Memorial Highway; Brunswick....................................................................HR 897
GOLD; Sales Tax; exemption; certain dealer sales in bullion form............................................................HB 1210
GOLDEN, LAVERNE AND FRANK; 50th Wedding Anniversary; commend .......................................SR 528
GOLFERS' ASSOCIATIONS; commend work on behalf of Junior Golf Program.................................SR 774
GOODWILL INDUSTRIES OF THE COASTAL EMPIRE INC. Property Conveyance............................................................................................................................................SR 502 Property conveyance............................................................................................................................................HR 956
GORDON COUNTY; Property Conveyance; relocation of State Patrol Post.........................................HR 1081
GOUDELOCK, BRIAN; Eagle Scout; commend ...........................................................................................SR 648
GOVERNOR Acceptance of Resignation of Diane Harvey Johnson, District 2 ................................................................Page 17 Call for Special Election to Fill District 2 Vacancy .......................................................................................Page 16 Appointments; Board of Regents .....................................................................................................Pages 1140, 1158 Appointments; Boards and Commissions ....................................................................................................Page 1369 Appointments; Senate vote on confirmation ................................................................................................Page 2071 Appointments; letter regarding confirmation ...............................................................................................Page 2072 Appointments to State Examining Boards; state residency requirement....................................................HB 351

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INDEX

2711

GOVERNOR (Continued) Art Policies for the Governor's Mansion; joint committee to study............................................................HR 330 Contracts by Executive Branch for Privatization; specify conditions..........................................................SB 271 Convening of General Assembly; notify Governor.........................................................................................SR 384 Declared State of Emergency or Disaster; elections; qualifying................................................................HB 1361 Elections and Primaries; State of Emergency or Natural Disaster.............................................................HB 1117 General Assembly; Joint Session; budget message by Governor Barnes; Page 46...................................HR 744 General Assembly; Joint Session; education address by Governor Barnes; Page 69. ..............................HR 745 General Assembly; Joint Session; State of State address by Governor Barnes; Page 209.....................HR 893 Governor's Council on Developmental Disabilities Recognition Day at Capitol......................................SR 172 Governor's Council on Developmental Disabilities Day ................................................... HR 964 Office of Child Advocate for the Protection of Children; creation. ..........................................................HB 1422 Roy E. Barnes; introduced .................................................................................................................................... Page 3 Roy E. Barnes; vetoes 1999 Session ................................................................................................................... Page 7 Roy E. Barnes; vetoes 1999 Session, line item, appropriations ..................................................................... Page 9 Roy E. Barnes; introduced; remarks ..............................................................................................................Page 2424
GRADY COUNTY; Expressing Concerns for Citizens Due to Tornado Disaster.....................................SR 773
GRADY HOSPITAL; Fulton-DeKalb Hospital Authority Overview Committee.....................................SR 416
GRAND JURIES (Also See Juries or Courts) Expense Allowance...............................................................................................................................................SB 426 Jurors; ineligible persons; procedure to remove from jury list......................................................................SB 216
GRANDPARENT RIGHTS; Child Custody; great-grandparents participation........................................SB 137
GRANTS A Plus Education Reform Act of 2000; enact................................................................................................HB 1187 Appropriations, General SFY 2000-2001.......................................................................................................HB 1160 Early HOPE Education Reform Act; School Help Improvement Program.................................................SB 329 Educational; middle school programs; waivers................................................................................................SB 252 Educational; pilot programs to encourage student achievement...................................................................SB 201 Educational Programs Targeting At-Risk Students; conditions....................................................................SB 226 Georgia Agricultural Facilities Authority; financing of projects..................................................................SB 251 Greenspace Preservation Program; grants to counties....................................................................................SB 399 HOPE Scholarship Program; eligible Alabama Independent High School students..............................HB 1306 HOPE Scholarships and Grants; eligible private high school students........................................................SB 452 Land, Water, Wildlife and Recreation Heritage Fund; create............................................................................ SR 4 PROMISE Teacher's Scholarships; reduce grade point average requirement..........................................HB 1619 Rural Hospital Authorities; hospitals facing potential closure ......................................................................SB 381 State Community Development Program for Local Governments............................................................HB 1413
GRAY, CITY OF; powers; public works facilities, property......................................................................HB 1739
GREENBRIER HIGH SCHOOL BOYS BASEBALL TEAM; commend .............................................SR 582
GREENSPACES, PROTECTED LANDS AND WATERS; Georgia Greenspace Commission and Trust Fund Created.............................................................................................................................................SB 399
GRESHAM, JOHNNY; elected State Transportation Board .....................................................................Page 119
GRESHAM, RAY LYNWOOD OF MONTEZUMA; in remembrance...................................................SR 402
GRIER, REVEREND C. ANDRE'; honoring.................................................................................................SR 688

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2712

JOURNAL OF THE SENATE

GRIFFETH, DR. JOE L.; commend.................................................................................................................SR 523
GRIFFITH, L. DOUGLAS; National Weather Service Award; commend................................................SR 404
GROUND WATER (See Waters or Natural Resources or Erosion)
GUARDIAN AND WARD Agents Given Durable Power of Attorney for Health Care...........................................................................HB 416 Guardians; appointment to administer workers' compensation rights.........................................................HB 135 Life Beneficiary Community Trust Accounts; distribution; withdrawal..................................................HB 1026 Official Notices; certified mail or statutory overnight delivery....................................................................SB 436 Temporary Guardianship of Minor; application for dissolution..................................................................HB 414
GUNS (Also See Firearms) Firearms Possession Penalty; convicted felons, first offender probationers............................................HB 1522 Pistols or Revolvers; criminal negligence; allow Minor obtain access........................................................SB 308 Pistols or Revolvers; criminal offenses of carrying or possession................................................................SB 466 Pistols or Revolvers; license to carry prohibition; persons convicted of felony drug offenses .................SB 15 Possession During Commission of Certain Drug Crimes; penalty...............................................................SB 450 State Brady Law Regulations; background checks for Peace Officers.....................................................HB 1392
GWINNETT COUNTY Ad Valorem Taxes for School Purposes; homestead exemption...................................................................SB 291 Ad Valorem Taxes; homestead exemption.......................................................................................................SB 292 Gwinnett Industrial Building Authority; repeal local amendment; referendum......................................HB 1719 MARTA; Board of Directors; change composition ........................................................................................SB 502 Official State Transportation History Museum; Southeastern Railway Museum; Duluth.......................HB 361 Regional Water Planning; Lake Sidney Lanier Watershed Governance Council Act............................HB 1562 State Court; additional judge. ..............................................................................................................................SB 442 State Court; judges; compensation.....................................................................................................................SB 437
H
HABERSHAM COUNTY; Regional Water Planning; Lake Sidney Lanier Watershed Governance Council Act.......................................................................................................................................................HB 1562
HABITUAL OFFENDERS DUI; habitual violators arrested when minor is occupant of vehicle............................................................SB 273 DUI Offenders Issued Probationary License; consumption of alcohol........................................................SB 261 DUI; removal of drunken driving; state commission to study ......................................................................SR 134 Driver's License Revocation, Suspension, Limited Permits for Certain Offenses, Violations...........HB 1458 Probationary Drivers' Licenses; replacement fees..........................................................................................HB 587
HALE, REVEREND DR. CYNTHIA L.; honoring.......................................................................................SR 691
HALL COUNTY Ad Valorem; school taxes; homestead exemption........................................................................................HB 1271 Designate; Falcon Parkway; portion Atlanta Highway...................................................................................SR 646 Designate; Rankin Smith Interchange; Exit 12 on I-985. ............................................................................HR 1231 Designate; Rankin Smith Interchange on Interstate 985.................................................................................SR 653 Property Assessment Freeze; ad valorem taxation; committee to study......................................................SR 659 Property Conveyance; armory facility to Jefferson County; .........................................................................SR 514 Property Conveyance; surplus Hall County Regional YDC property.........................................................HR 878 Property Conveyance; vacated Regional YDC Property................................................................................SR 514 Regional Water Planning; Lake Sidney Lanier Watershed Governance Council Act............................HB 1562

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INDEX

2713

HAMBRICK, JEAN; commend..........................................................................................................................SR 455
HAMPTON, CITY OF; Governing Authority; change term of office......................................................HB 1446
HANCOCK, CAPTAIN KENNY; Georgia State Patrol; commend............................................................SR 535
HANCOCK COUNTY; Board of Education; compensation; repeal a provision.......................................SB 254
HANDGUNS (See Guns or Firearms)
HANDICAPPED PERSONS (Also see Disabled) Adult Protection Services; DFACS access to persons in danger. .................................................................SB 199 Crimes Against Elder Persons, Disabled Adults, Handicapped Persons.....................................................SB 407 Developmental Disabilities; recognize advocacy organizations...................................................................SR 172 Disability Awareness Month and Recognizing Dr. James L. Cherry...........................................................SR 755 Driving Disqualification Due to Epilepsy Disorder; time period...............................................................HB 1180 Driving Disqualification Due to Episodes of Epilepsy Disorder..................................................................HB 122 Handicap Parking Laws; enforcement; appointment of certain persons........................................................SB 53 Hearing Impaired, Georgia Council for; create; centralized location...........................................................SB 363 Prescribed Prosthetic Devices; sales tax exemption.......................................................................................HB 592 Public Facilities Access; administration and enforcement; notices..............................................................SB 436 Publicly Funded Housing; mobility impaired accessible features................................................................SB 443 Special License Plates, Parking Permits; persons with ambulatory limitations........................................HB 496 Use of Guide or Service Dogs; expand places where permitted access....................................................HB 1256 Wheelchairs and Related Equipment; sales tax exemption...........................................................................HB 567

HARALSON COUNTY; Superior Court; additional judge........................................................................HB 1425
HARRELL, WILLIAM T.; commend ..............................................................................................................SR 529
HARRIS COUNTY Property Conveyance; easement for ingress and egress.................................................................................SR 504 Superior Court; additional judge......................................................................................................................HB 1425
HARRIS, KRISTIE; 4-H Leadership; commend.............................................................................................SR 446
HARTZOG, NIKKI; commend ..........................................................................................................................SR 422
HARVEY, GREG; GBI Agent; commend courageous service.....................................................................SR 532
HATE OR BIAS CRIMES Against Persons Because of Race, Gender, Religion, Origin, Disability, Sexual Orientation; penalty.SB 153 Crimes Against Victims Intentionally Selected Because of Bias or Prejudice; punishment....................SB 390
HAYES, CHRISTOPHER GLENN; Eagle Scout; commend......................................................................SR 750
HAYES, PATRICIA; commend .........................................................................................................................SR 608
HAZARDOUS MATERIALS Front-line Health Care Workers; occupational injuries and exposure ......................................HB 1448 Hazardous Material Carriers Administered by New Department of Motor Vehicle Safety. ........... HB 1441 Lead Poisoning Hazards; Childhood Lead Exposure Control Act...............................................................HB 904 Nuclear Fuel Shipments; urge NRC assess risks of terroristic attacks.........................................................SR 517

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2714

JOURNAL OF THE SENATE

HEAD INJURED PERSONS Brain and Spinal Injury Trust Fund; all courts assess DUI penalty..............................................................SB 480 Motorcycle Helmets; urge Congress revise federal safety standards ...........................................................SR 231 Motorcycle Riders; protective headgear; delete requirement ..........................................................................SB 84
HEALTH (Also See Mental Health or Health Care Facilities or Human Resources) Abandoned Newborn Babies; Safe Place for Newborns Act......................................................................HB 1365 Abortion Procedure; Woman's Right to Know Act; informed consent law.................................................SB 125 Acupuncture Practice Act; licensing of persons to practice..........................................................................HB 814 Antibiotics; inappropriate prescribing; CDC recommendations...................................................................SR 509 Assisted Living Facilities; define new category of facilities.........................................................................SB 131 Breast Cancer Patient Care Act...........................................................................................................................SB 141 Breast Cancer, Prostate Cancer and Ovarian Cancer Research Program Fund. .....................................HB 1335 Breast-feeding in Public; delete required 'discreet and modest way'............................................................SB 362 Cancer Treatment; clinical trial procedures; committee to study.................................................................SR 276 Cervical Cancer; increase awareness about HPV and Prevention................................................................SR 636 Childhood Care and Education; state policy goals; urge compliance...........................................................SR 480 Commission on Men's Health; create..............................................................................................................HB 1235 Dental Hygienists; licensure; qualification; education ..................................................................................HB 634 EMSC Program; ambulance service territories; decisions and appeals .........................................................SB 65 Epilepsy Disorder; when disqualified to operate vehicle safely...................................................................HB 122 Epilepsy; episodes of lapsed or altered consciousness; driving disqualification.....................................HB 1180 Food Sales; roadside stands, sandwich or salad manufacturer; vending machines; inspections .............SB 375 Front-line Health Care Workers; occupational injuries and exposures....................................................HB 1448 Health Care; Durable Power of Attorney; authority of an agent..................................................................HB 416 Health Care Practitioners; centralized credentialing ....................................................................................HB 1038 Health Professionals; legislation to change scope of practice. .....................................................................HB 586 Hearing Impaired, Georgia Council for the; create. ........................................................................................SB 363 Hospital Indigent Care Funding; create joint committee to study................................................................SR 556 Hospitals; nonprofit; renewal of certain leases; exemption..............................................................................SB 54 Hospitals; requirements; patient medical and clinical records ......................................................................SB 172 Immigrant Disease Prevention; multi-lingual health care literature. ............................................................SR 828 Indigent Care Trust Fund; distribution formula for rural hospitals................................................................SR 35 Injury Prevention Programs; joint committee to study...................................................................................SR 459 Insurance; accident and sickness; premium increases; prior notices...........................................................HB 487 Insurance; Consumer Choice Negotiated Health Insurance Plan Act ..........................................................SB 526 Insurance; coverage; inpatient care after mastectomy or dissectomy...........................................................SB 141 Insurance; coverage; inpatient post-surgical care............................................................................................SB 255 Insurance; coverage; patient costs; cancer treatment clinical trials..............................................................SB 361 Insurance; hospital or medical benefits; timely payment of claims..............................................................SB 116 Insurance; payments to nurses for perioperative, surgical nursing.................................................................SB 58 Insurance; Self-funded Employer-based Health Plans; petitioning federal government for greater
state authority to regulate....................................................................................................................................SR 10 Insurers; managed care plans; enrollees denied requested treatment...........................................................SB 158 Insurers; managed care plans; medically necessary in-patient hospital service; prohibit restrictions....SB 475 Insurers; patient information obtained from pharmacies; restriction...........................................................HB 819 Insurers; policy identification cards; required printed information.............................................................HB 670 Insurers; PPOs, Managed Care Plans; disclosures to enrollees; negotiations with physicians;
denial of services; appeals ................................................................................................................................SB 432 Insurers; unfair discrimination against family violence victims ....................................................................SB 464 Insurers; unfair trade practices; acts against victims of abuse.......................................................................SB 260 Lead Poisoning Abatement; Childhood Lead Exposure Control Act..........................................................HB 904 Living Wills, Durable Power of Attorney or Agency; valid documents......................................................... SB 7 Long-Term Care Industry; adequate staffing; joint study committee..........................................................HR 850 Long-term Care Services, Consumer Centered System for Access to.........................................................SB 144 Medical Treatment; persons using facial covering..........................................................................................SB 482

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2715

HEALTH (Continued) Medicare Supplement Insurance; definitions; creditable coverage. .............................................................. HB 94 Mental; client disability services; registry; waiting lists...............................................................................HB 269 Mental; disability services; provide state ombudsman and community ombudsman................................SB 479 Mental Health Care Delivery System; needs of "gray area children"............................................................SR 23 Mental Health Regional Boards; appearance before appropriations committees....................................HB 1470 Mental Health Therapists and Associate Therapists; licensure.....................................................................SB 249 Mental Illnesses; authority of psychologists to prescribe drugs....................................................................SB 202 Mental; reorganized community based services; committee to study............................................................SR 32 Mobile Institutional Health Services; exempt restricted service area.............................................................SB 92 Non-insurance Discount Cards Selling Health Care Goods; deceptive practices...................................HB 1286 Obesity Awareness Month; declaring June 1999 .............................................................................................SR 207 Obesity-related Diseases and Treatment; requesting study of.......................................................................SR 206 Official Notices; certified mail or overnight delivery.....................................................................................SB 436 Ovarian Cancer Detection and Prevention; encourage education.................................................................SR 571 Pain Management; care of the terminally ill; Advisory Committee. ..............................................................SB 38 PeachCare for Kids; health care coverage; additional children..................................................................HB 1214 Pharmacists Performing Blood Tests to Facilitate Patient Care.................................................................HB 1234 Pharmacists, Pharmacy Owners; responsibilities; dispensing drugs............................................................SB 373 Pharmacy Assistance Program for Low-income, Elderly Citizens; create..................................................SB 515 Prescribed Prosthetic Devices; sales tax exemption........................................................................................SB 301 Prescription Drug Containers; label when generic drug substituted...........................................................HR 417 Professionals and Occupations; scope of practice; committee to study.......................................................SR 123 Psychiatric Drugs; effects on School-Age Children; study commission..................................................HR 1079 Public Health; dangerous venereal disease; human papilloma virus............................................................SB 427 Radiation Therapy in Physician's Office; exempt certificate of need...........................................................SB 185 Radiation Therapy Performed in Office; exclude certificate of need...........................................................SB 171 Renal Disease Treatment; kidney dialysis clinic; licenses; training............................................................HB 646 Restaurants; food safety; food protection manager certification.....................................................................SB 60 Rural Health Care Services; HMO contracts; participating providers.........................................................SB 334 Rural Hospital Authorities; grants to hospitals facing closure ......................................................................SB 381 Rural Hospitals; exempt restrictions relating sales or leases.........................................................................SB 382 Rural Hospitals; health care services; economic pressures; study................................................................SR 794 Sales Tax; exemption; equipment, blood measuring devices used by diabetics .....................................HB 1583 School Health Care and Medical Services; committee to study...................................................................SR 344 School Health Procedures; student medications; who may administer..........................................................SB 14 School Health; student medications; administration guidelines....................................................................SB 244 Stroke Prevention and Treatment; encourage public awareness...................................................................SR 186 Vulnerable Adults Protection; caretaker violations; penalties......................................................................HB 863

HEALTH BENEFIT PLAN, STATE (See Employee Health Benefits or State Employees)
HEALTH CARE FACILITIES, HOSPITALS (Also See Nursing Homes or Medical Practice) Abandoned Newborn Babies; Safe Place for Newborns Act......................................................................HB 1365 Antibiotics; inappropriate prescribing; CDC recommendations...................................................................SR 509 Breast Cancer; mastectomy, lymph node dissection; inpatient care.............................................................SB 141 Breast Cancer, Prostate Cancer and Ovarian Cancer Research Program Fund.......................................HB 1335 Certificate of Need; exempt private physicians radiation therapy................................................................SB 171 Certificate of Need for Long-term Care Facilities Study Committee...........................................................SR 613 Children; suspected abuse or neglect; emergency custody by hospital or physician.................................SB 315 Disabled Adults, Elder Persons and Vulnerable Adults Protection Act.....................................................HB 863 Front-line Health Care Workers; exposure controls; infectious diseases.................................................HB 1448 Health Care; durable power of attorney; authority of an agent....................................................................HB 416 Health Insurance Coverage; child's craniofacial care ...................................................................................HB 1538 Health Insurers; Patient and Provider Health Care Relief.....Prefiled.............................................................. SB 2

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2716

JOURNAL OF THE SENATE

HEALTH CARE FACILITIES, HOSPITALS (Continued) Health or Managed Care Organizations; financial capital; risks...................................................................SB 493 Hospital Indigent Care Funding; create joint committee to study;...............................................................SR 556 Hospital or Medical Insurers; time limits for payment of claims..................................................................SB 116 Hospitals; medically necessary in-patient services; restrictions by managed care plans prohibited......SB 475 Hospitals; nonprofit entities; renewal of leases; exemption.............................................................................SB 54 Hospitals; requirements; patient medical and clinical records ......................................................................SB 172 Indigent Care Trust Fund; distribution formula for rural hospitals................................................................SR 35 Injuries, Prevention and Emergency Care; joint committee to study...........................................................SR 459 Living Wills, Durable Power of Attorney or Agency; valid documents......................................................... SB 7 Long-term Care; define new category; assisted living facilities...................................................................SB 131 Long-term Care; freestanding independent or assisted living units; development......................................SB 75 Long-Term Care Industry; adequate staffing; joint study committee..........................................................HR 850 Medicaid Disproportionate Share Hospitals; rural community benefits......................................................SR 592 Medicaid; inpatient hospital claims; payment, rates......................................................................................HB 631 Medical Education; funding teaching hospitals............................................................................................HB 1411 Mental Health Therapists; licensure; titles in business names.....................................................................HB 271 Mobile Institutional Health Services; certificate of need exemption..............................................................SB 92 Nurses; advanced practice registered nurses; prescriptive authority...........................................................HB 784 Nurses; licensed practical; require identifying 'LPN' name tags..................................................................HB 206 Nurses, Registered; surgical care; reimbursement for services.......................................................................SB 58 Pain Management; care of the terminally ill; Advisory Committee on..........................................................SB 38 Patients Denied Recommended Treatment by Insurers; expert reviewers..................................................SB 158 Pharmacists; licenses; duties; dispensing prescription drugs.........................................................................SB 373 Pharmacists Performing Blood Tests to Facilitate Patient Care.................................................................HB 1234 Renal Disease Treatment; kidney dialysis clinics; licensure. .......................................................................HB 646 Rural Health Care Services; HMO contracts; participating providers.........................................................SB 334 Rural Hospital Authorities Assistance; grants; hospitals facing potential closure .....................................SB 381 Rural Hospitals; exempt restrictions relating sale or lease of hospital authority owned hospitals ..........SB 382 Rural Hospitals; health care services; economic pressures; study................................................................SR 794 Rural Non-emergency Transportation; health care provider contracts..........................................................SB 89 Surgical Procedures; inpatient care; health insurance coverage. ..................................................................SB 255
HEALTH MAINTENANCE ORGANIZATIONS Hospital or Medical Insurance; payment of claims time limit.......................................................................SB 116 Insurers; certificate of authority; capital, assets requirements.......................................................................SB 492 Insurers; risk-based capital levels; reports, computations; filings ................................................................SB 493 Patient Information Obtained from Pharmacies; confidentiality..................................................................HB 819 Rural Health Care Services; HMO contracts; participating providers.........................................................SB 334 Self-funded Employer-based Health Plans; state regulation authority...........................................................SR 10 Victims of Abuse Related Medical Conditions; prohibit discriminate.........................................................SB 260 Victims of Family Violence; unfair discrimination by insurers...............................................SB 464
HEARD COUNTY Corinth, City of; abolish existence as a municipality......................................................................................SB 428 Property Conveyance; easement; Plantation Pipe Line Company................................................................SR 516 West Georgia River Protection; joint committee to study............................................................................HR 215
HEARD, PAUL; name Highway to honor; Fayette County..........................................................................HR 927
HEARING IMPAIRED PERSONS; Guide or Service Dogs; expand places where permitted..........HB 1256
HENDERSON, ADAM LEE; University System Academic Scholar..........................................................SR 740
HENDRICK, LINDA GAIL HENDRICK ACT; crimes committed by juveniles..................................SB 416

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2717

HENDRICKS, DR. JOSEPH M. OF MERCER UNIVERSITY; commend ..........................................SR 603
HENRY COUNTY Board of Education; members; compensation amount...................................................................................SB 162 Board of Education; nonpartisan election of members ...................................................................................SB 160 Superior Court; Flint Judicial Circuit; change judges, term. ..........................................................................SB 219 Superior Court; judges, DAs; salary supplement.............................................................................................SB 161 Water and Sewerage Authority; change powers ...........................................................................................HB 1445
HEPLER, CHAD J.; Eagle Scout; commend...................................................................................................SR 749
HERITAGE HIGH SCHOOL; National Essay Project on Student Violence; commend .......................SR 685
HIGH-TECH DAY; American Electronics Association; commend.............................................................SR 632
HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation) Automobile Carriers; oversized vehicles; designated highways..................................................................HB 716 Designate; B. Edward Tankersley Memorial Bridge; Columbia County ...................................................HR 882 Designate; Bernie Bourdon Memorial Bridge over I-20.................................................................................SR 388 Designate; Brett C. Dickey Bridge; Toccoa River; Gilmer County ............................................................HR 881 Designate; Charles Durst Memorial Highway; Toombs County ..................................................................SR 183 Designate; Chas. F. Warnell, Sr. Highway; Bryan County............................................................................SR 787 Designate; Chas. F. Warnell, Sr. Highway; Bryan County.........................................................................HR 1188 Designate; Claude Roscoe Nash Memorial Bridge; Dodge County..........................................................HR 1016 Designate; Corporal Howell Cobb Dees Bridge; Coffee County.................................................................SR 623 Designate; Corporal Howell Cobb Dees, USMC, Bridge; Coffee County...............................................HR 1231 Designate; Cynthia McKinney Parkway; DeKalb County..........................................................................HR 1231 Designate; Dewey D. Vaughn Memorial Bridge; Austell. .............................................................................SR 472 Designate; Dewey Pendley Bridge; Hiram........................................................................................................SR 235 Designate; Falcon Parkway; portion Atlanta Highway; Hall County ..........................................................SR 646 Designate; Fluis and Frances Lairsey Intersection; Pierce County............................................................HR 1188 Designate; Foster Family Bridge; Paulding County..........................................................................................SR 42 Designate; Fred Bentley, Sr. Bridge; Cobb County.......................................................................................HR 849 Designate; Fred Moody Highway; Jeff Davis County.................................................................................HR 1150 Designate; Herman H. Watson Memorial Bridge; Paulding County .............................................................SR 41 Designate; Horace E. Tate Freeway; Fulton County.......................................................................................SR 542 Designate; James E. 'Billy' McKinney Highway; Fulton County.................................................................SR 484 Designate; James E. Williams Bridge; Byron, Peach County....................................................................HR 1231 Designate; James T. Williams Intersection; Pickens County .....................................................................HR 1059 Designate; James Wendell George Parkway; Atlanta.....................................................................................SR 483 Designate; John A. Trask Highway; Macon County......................................................................................HR 436 Designate; John F. Lawler Memorial Bridge; Cherokee County.................................................................HR 792 Designate; Jonathan Jackson McCants Bridge; Taylor County....................................................................SR 403 Designate; Jondelle Johnson Drive; portion of US 41/19; Atlanta ...............................................................SR 232 Designate; J.W. Orr Memorial Highway; Barrow County..........................................................................HR 1207 Designate; Kennedy Bridge over Bear Creek; Terrell County......................................................................SR 515 Designate; Larry McClure Scenic Highway; Rabun County........................................................................HR 840 Designate; Leroy Johnson-Fulton Industrial Boulevard; Fulton County.....................................................SR 541 Designate; Marguerite Neel Williams Memorial Highway; Thomas County............................................HR 928 Designate; Myrtice McGarrah McMichael Bridge; Marion County ............................................................SR 623 Designate; Paul Byrd Highway; Hazlehurst, Jeff Davis County................................................................HR 1151 Designate; Paul Heard Highway; Fayette County ..........................................................................................HR 927 Designate; Paul Warwick, Jr. Memorial Highway; Brunswick....................................................................HR 897 Designate; Pierce Jackson Ferguson Memorial Highway; Lincoln County...............................................HR 754 Designate; Prater's Mill Parkway; Whitfield County...................................................................................HR 1046 Designate; Primus King Highway; Columbus, Muscogee County............................................................HR 1211

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2718

JOURNAL OF THE SENATE

HIGHWAYS, BRIDGES AND FERRIES (Continued) Designate; P.V. Stripling Memorial Highway; Metter....................................................................................SR 137 Designate; Ralph Morgan Parkway; Whitfield County...............................................................................HR 1045 Designate; Rankin Smith Interchange; Hall County .......................................................................................SR 653 Designate; Rankin Smith Interchange; Hall County....................................................................................HR 1231 Designate; Raymond Lester Bridge; Euharlee Creek in Rockmart...............................................................SR 236 Designate; Robert C. Jones Memorial Highway; Jenkins County...............................................................HR 884 Designate; Robert L. Williford Memorial Highway; Elbert County..............................................................SR 31 Designate; S.G. Maddox Highway; Early County...........................................................................................SR 666 Designate; Ted Taft Copeland Dam; Lumpkin County..................................................................................SR 624 Designate; Tom Triplett Parkway; Chatham County.....................................................................................HR 756 Designate; Toombs Taylor Morgan Memorial Bridge; Dooley County.....................................................HR 621 Designate; Travis Tritt Highway; Paulding County.......................................................................................HR 849 Designate; Veterans Memorial Highway; Douglas County..........................................................................HR 849 Designate; Williamson S. Stuckey, Sr., Highway; Dodge County...............................................................SR 638 DOT Enforcement Officers; powers; use of trained drug detection dogs..................................................HB 520 DOT Highway Work Zone Safety Campaign to Reduce Fatalities; support..............................................SR 684 Driving on Left of Roadway; Speed Limits in Construction Sites............................................................HB 1180 Gateway, Welcome and Tourist Centers; operated by blind vendors.........................................................HB 172 Highway Safety; traffic, freight, passengers; committee to study................................................................. HR 82 Mass Transportation System Capital Projects; authority of DOT................................................................HB 585 Motor Carriers, Limousine Carriers and Hazardous Material Carriers; administered by new Department of Motor Vehicle Safety...........................................................................................................HB 1441 Motor Vehicle Combustion Engines; nitrous oxide fuel additives ............................................................HB 1183 Motor Vehicles; drivers using radios and mobile telephones........................................................................SB 323 Pedestrian Traffic; Urban Road Building Guidelines; study committee...................................................HR 1051 Public Works Construction Contracts; competitive awards; inspection; pre-qualification; bonds ......HB 1079 Railroad Tracks Crossing Public Road; closure agreement; injunction.......................................................SB 366 Roadways; painted pedestrian crosswalks; driver required to stop..............................................................SB 359 Signage; revoked permits; unpermitted commercial driveway; notices......................................................SB 436 Soil Erosion and Sediment Control Plans and Overview Council. ...............................................................SB 524 Speed Limits in Highway Work Zones; signage; violations; fines...............................................................SB 419 State Highway System; named roads, bridges, interchanges; lists............................................................HB 1153 State Owned Property; prohibit name for any living elected official. ..........................................................SB 183 State Public Transportation Funds; allocation among congressional districts.........................................HB 1553 Traffic-Control Signal Monitoring Devices; violations evidenced by recorded images; use permits....SB 123 Traffic Law Enforcement Officers; identifiable uniforms; blue vehicle lights.......................................HB 1534 Trucks, Passenger Buses, Motor Carriers; registration, licenses, permits; placards; gross weight; indemnity bonds...................................................................................................................................................SB 87 Trucks; Trailers, Semi-trailers; brake requirements; surge brakes............................................................HB 1192 Vehicle Length and Loads; permits for excess weight and dimensions......................................................SB 496 Vehicle Weight and Size; enforcement; Department of Motor Vehicle Safety.......................................HB 1441 Vehicles Left Unattended on Public Roads or Highways; removal..............................................................SB 405
HILL, BETTY CLEMENTS; commend ..........................................................................................................SR 661
HINESVILLE, CITY OF; Corporate Limits; annexation; property located on Fort Stewart...............HB 1696
HIRAM, CITY OF; Designate; Dewey Pendley Bridge over Grays Mill Creek.......................................SR 235
HISCOX, KRISTEN L.; University System Academic Scholar; commend...............................................SR 796
HISTORIC SITES AND PRESERVATION Ad Valorem; preferential assessments; rehabilitation expenses................................................................HB 1118 Aviation History; designate official state Aviation Hall of Fame.................................................................. HB 76 Committee for Celebration of 250 Years of Representative Government................................................HR 1208

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2719

HISTORIC SITES AND PRESERVATION (Continued) Georgia Day; Honoring Founding Families of the Georgia Colony.............................................................SR 530 Historic Preservation Districts; compensate commissions, boards; functions; designation processes; Inventory; training.............................................................................................................................................HB 509 Local Government Historic Records; joint committee to study.................................................................HR 1011 Old Governor's Mansion; Historic Preservation Stewardship Policy; Joint Committee to Study...........SR 783 State Transportation History Museum; Southeastern Railway Museum. ...................................................HB 361 Use of Radar Speed Detection Devices in Historic Districts........................................................................HB 865
HOARD, ED; commend........................................................................................................................................SR 397
HOECHST, TERESA EGGER; Oglethorpe County Teacher of Year; commend ...................................SR 670
HOGS Processing plants; reduce odorous gases and vapors.....................................................................................HB 650 Water Quality Rules Affecting Agriculture; Advisory Committee..........................................HB 1180
HOME DEPOT, INC. Commend Environmental Leadership...............................................................................................................HR 888 Commend Environmental Leadership................................................................................................................SR 524
HOME HEALTH CARE Agencies; develop freestanding skilled nursing facility with independent or assisted living units..........SB 75 Disabled Adults, Elder Persons and Vulnerable Adults Protection Act.....................................................HB 863 Long-term Care Services; single-point of entry for consumer access..........................................................SB 144
HOME SCHOOLS Commend................................................................................................................................................................SR 766 Home Study Students Eligible public school extracurricular programs......................................................SB 374 Student Honors Program; inclusion of home study programs .......................................................................SB 112 Students; qualifications for the HOPE Scholarship Program.........................................................................SB 532
HOMELESS PERSONS (See Indigent Persons)
HOMESTEAD EXEMPTION Acworth, City of; Ad Valorem Taxes .............................................................................................................HB 1711 Ad Valorem; clarify maximum amount granted for disabled veterans.......................................................HB 684 Atlanta, City of; Ad Valorem exemption; based age and income; referendum.......................................HB 1550 Atlanta, City of; Ad Valorem Taxes; referendum.........................................................................................HB 1741 Baldwin County; Ad Valorem county taxes; leased residences....................................................................SB 498 Baldwin County; Ad Valorem school taxes; leased homesteads ..................................................................SB 497 Bloomingdale, City of; Ad Valorem Taxes; homestead exemption ..........................................................HB 1505 Burke County; Ad Valorem; School District Taxes; age and income..........................................................SB 296 Catoosa County; Ad Valorem school district taxes; referendum................................................................HB 1305 Catoosa County; Ad Valorem Tax exemption...............................................................................................HB 1309 Charlton County; Ad Valorem Taxes; senior citizens; referendum. ..........................................................HB 1469 Chatham County-City of Savannah; ad valorem taxes; referendum............................................................HB 350 Cobb County Property Taxpayer Reassessment Relief Act........................................................................HB 1166 Conyers, City of; Ad Valorem Taxes; referendum..........................................................................................SB 506 Dade County; Ad Valorem school taxes; assessed value............................................................................HB 1661 Dade County; Ad Valorem Taxes; assessed value .......................................................................................HB 1662 Dalton, City of; Ad Valorem school taxes ....................................................................................................HB 1748 Dalton, City of; Ad Valorem Taxes.................................................................................................................HB 1746 Decatur, City of; Ad Valorem Taxes...............................................................................................................HB 1716 DeKalb County; Ad Valorem school district taxes; referendum. ...............................................................HB 1415 DeKalb County; Ad Valorem; school taxes; base year assessed value........................................................SB 490

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2720

JOURNAL OF THE SENATE

HOMESTEAD EXEMPTION (Continued) DeKalb County; Ad Valorem Taxes; exceeds base year assessed value.....................................................SB 491 Floyd County; Ad Valorem school taxes.......................................................................................................HB 1639 Floyd County; Ad Valorem school taxes; residents age 75 or over...........................................................HB 1641 Floyd County; Ad Valorem Taxes...................................................................................................................HB 1705 Forsyth County; Ad Valorem school taxes ....................................................................................................HB 1709 Fort Oglethorpe, City of; Ad Valorem Taxes; certain residents ................................................................HB 1570 Fulton County; Ad Valorem Taxes; assessed value; referendum..................................................................SB 511 Glynn County; Ad Valorem County Taxes....................................................................................................HB 1690 Glynn County; Ad Valorem school taxes.......................................................................................................HB 1691 Gwinnett County; Ad Valorem; school taxes; homestead exemption..........................................................SB 291 Gwinnett County; Ad Valorem Taxes; homestead exemption......................................................................SB 292 Hall County; Ad Valorem school taxes ..........................................................................................................HB 1271 Homeowner Tax Relief Funds; state allotment to counties, school districts...........................................HB 1403 Homeowner Tax Relief Grants After Millage Rollback; increase allotment...........................................HB 1487 Homestead Option Sales Tax; proceeds; purposes; capital outlay, equalize tax millage differential.....SB 306 Homestead Option Sales Tax, HOST; proceeds; distribution; expenditures; factoring property
Tax credits...........................................................................................................................................................SB 213 Kennesaw, City of; Ad Valorem Taxes ..........................................................................................................HB 1712 Kennesaw, City of; Ad Valorem Taxes; senior citizens; referendum...........................................................SB 514 Marietta, City of; Ad Valorem Taxes..............................................................................................................HB 1706 Meriwether County; Ad Valorem Taxes; amount of assessed value............................................................SB 540 Morgan County; Ad valorem school taxes; senior citizens............................................................................SB 455 Morgan County; Ad Valorem; school taxes; senior citizens..........................................................................SB 456 Morgan County; Ad Valorem Taxes; county purposes; senior citizens.......................................................SB 454 Morgan County; Ad valorem Taxes; elderly residents; referendum.............................................................SB 453 Municipal Ad Valorem Taxes; homestead tax deferral for the elderly .....................................................HB 1178 Pierce County; Ad Valorem; school district taxes...........................................................................................SB 523 Pierce County; Ad Valorem school district taxes; assessed value.............................................................HB 1670 Pierce County; Ad Valorem Taxes; assessed value......................................................................................HB 1666 Pierce County; Ad Valorem Taxes; assessed value.........................................................................................SB 522 Pooler, City of; Ad valorem; municipal taxes; homestead exemption......................................................HB 1501 Port Wentworth, City of; Ad valorem taxes; homestead exemption .........................................................HB 1506 Putnam County; Ad Valorem school taxes; referendum..............................................................................HB 1565 Putnam County; Ad Valorem Tax exemption; leased homesteads; referendum.....................................HB 1567 Referendum Approval; unremarried surviving spouse of Armed Forces...................................................HB 446 Rome, City of; Ad Valorem school taxes.......................................................................................................HB 1638 Smyrna, City of; Ad Valorem Taxes...............................................................................................................HB 1713 Thomas County; Ad Valorem Taxes; referendum approval. ......................................................................HB 1242 Tybee Island, City of; ad valorem taxes; homestead exemption................................................................HB 1502 Vernonburg, City of; Ad Valorem; assessed value ......................................................................................HB 1675 Vernonburg, City of; Ad valorem taxes; assessed value.............................................................................HB 1665 Walker County; Ad Valorem school taxes.....................................................................................................HB 1721 Walker County; Ad Valorem Taxes ................................................................................................................HB 1722
HOMICIDE Child Abuse; child fatality review procedures; investigations......................................................................SB 484 Vehicular Homicide; increase maximum penalty in the 1st degree..............................................................SB 324
HOOKS-COLEMAN AUDITORIUM IN NEW CAPITOL EDUCATION CENTER; designate....SR 87
HOPE SCHOLARSHIP PROGRAM Early HOPE Education Reform Act of 2000; Academic Achievement Accountability System;
School Help Improvement Program................................................................................................................SB 329 Early HOPE Scholarship Act; tuition grants; low-income students K-9.......................................................SB 68 Eligibility; requirements; Hope Grants, PROMISE Teacher's Scholarships ...........................................HB 1187

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2721

HOPE SCHOLARSHIP PROGRAM (Continued) Eligibility; schools accredited by Ga. Private School Accreditation Council..........................................HB 1591 Eligible Private High School Students..............................................................................................................SB 452 Home Study Programs; financial assistance to students; qualifying............................................................SB 532 PROMISE Teacher's Scholarships; qualifications; grade point average..................................................HB 1619 Scholarships and Grants; eligible high schools; Alabama Independent Schools ....................................HB 1306
HOSPITALS (See Health Care Facilities or Health or Human Resources)
HOTELS AND MOTELS Excise Tax Levy for Local Convention, Trade Shows, Parks....................................................................HB 1291 Excise Tax Levy for Trails and Walkways; Maritime Trade Center, auditorium or theatre ............HB 1375 Excise Tax Levy for Certain Convention Facility.............................................................HB 1149 Innkeepers; liability for hotel-motel taxes; exempt government employees...............................HB 1186
HOUSE OF REPRESENTATIVES; Members; suspension; felony conviction; amend Constitution. SR 411
HOUSING (See Buildings and Housing)
HOUSING AND FINANCE AUTHORITY, GEORGIA; Scope of Operations; bonds, notes; financing business enterprises.........................................................................................................................SB 400
HOUSTON COUNTY Property Conveyance; easements for utility facilities.....................................................................................SR 504 Property Conveyance; new South Perry By-Pass; expand Fairgrounds and Agricenter...........................SR 502 Superior Court; Houston Judicial Circuit; change terms of court ................................................................HB 701
HOUSTON, ISAIAH; 4-H Leadership; commend ..........................................................................................SR 430
HOWARD, PIERRE; Former Lieutenant Governor; recognize ..................................................................... Page 3
HULL, CHRISTOPHER WARREN; Eagle Scout; commend....................................................................SR 701
HULL, RUTHIE; 4-H Leadership; commend ..................................................................................................SR 440
HUMAN RESOURCES (Also See Social Services or Health) Adoption Services; additional funding; special license plates......................................................................SB 253 Child Advocate Office; create to monitor child abuse and neglect..............................................................SB 500 Child Advocate Office; oversight of persons and agencies providing services to victims of
child abuse and neglect..................................................................................................................................HB 1422 Child Fatality Review Procedures; protocol; panels; reports; data...............................................................SB 484 Child Welfare Laws and Regulations; violations; delivery of notices.........................................................SB 436 County Boards of Health; inspections; enforcement; indoor and outdoor food service, dining areas....SB 375 Day Care Centers; no smoking signs.................................................................................................................SB 380 Department; develop consumer access to long-term care services...............................................................SB 144 DFACs; directors; removal for cause; staff salaries; annual report on child protective services.........HB 1406 Disabled Adults, Elder Persons; abuse, neglect protective services.............................................................SB 199 Emotionally Disturbed Children and Adolescents Program Fund; sale of special license plates...........SB 272 Emotionally Disturbed Children; funding; special license plates.................................................................SB 253 Foster and Adoptive Homes; conviction data on certain adult persons.......................................................SB 102 Hearing Impaired, Georgia Council for the; create. ........................................................................................SB 363 Hospitals; report annual patient statistics from medical records...................................................................SB 172 Medicaid; payment of inpatient hospital claims ..............................................................................................HB 631 Mental Health Disability Services; planning lists; request registry.............................................................HB 269 PeachCare for Kids; health care coverage; additional children..................................................................HB 1214 Public Swimming Pools; rules and health, safety regulations.........................................................................SB 30

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2722

JOURNAL OF THE SENATE

HUMAN RESOURCES (Continued) Rehabilitation Services Division; transfer to Labor Department.................................................................HB 172 School Health; guidelines for administration of student medication............................................................SB 244
HUNTING (Also See Game and Fish) Deer Hunting; seasons; increase bag limits ...................................................................................................HB 1465 Natural Resources Department; hunter and boater safety; program funds..................................................SB 393 Wildlife Management; issuance of permits to control population.............................................................HB 1409
HUPMAN, CHRISTINE; commend..................................................................................................................SR 818
HYGIENISTS; Dental Hygienists; licensure; qualification; education.......................................................HB 634

I
ILA, CITY OF; New Charter............................................................................................................................HB 1685
IMMIGRANTS Crimes Against Persons Because of Race or National Origin; penalty........................................................SB 153 Crimes Against Victims Selected Because of Bias or Prejudice; punishment...............................SB 390 Criminal Cases; entry of guilty plea; understanding impact on immigration status.................................HB 584 Disease Prevention; health care literature in various languages ...................................................................SR 828
IMPACT MINISTRIES, INCORPORATED; commend ............................................................................SR 645
INCOME TAX (Also See Revenue and Taxation) Contributions to Breast Cancer, Prostate Cancer and Ovarian Cancer Research Program Fund.........HB 1335 Credit; cost of driver education for minor children ......................................................................................HB 1532 Credit; disaster assistance from GEMA or FEMA.......................................................................................HB 1531 Credit; employer provided transportation benefits; relocation of business enterprise headquarters...HB 1134 Credits; businesses manufacturing cigarettes for foreign export................................................................HB 1455 Credits; contributions to Elementary and Secondary Education Assistance Corporation for
student tuition, tutoring.....................................................................................................................................SB 518 Credits; contributions to pay student tuition at private schools ....................................................................SB 519 Credits; corporate income; assignment between affiliated entities ............................................................HB 1215 Credits; expenditures related to qualified school expenses............................................................................SB 517 Credits; federally-qualified low income housing projects............................................................................HB 272 Credits; low-emission vehicles; electric vehicle chargers; diesel particulate emission reduction
equipment for truck stops................................................................................................................................HB 801 Employers Withholding Taxes; accounting procedures; notices..................................................................SB 436 Exemption; computing taxable income; dependent deductions ..................................................................... HB 35 Income Taxes; credits; depository financial institutions.............................................................................HB 1452 Individual Taxpayer Rates; reduce for each completed year of marriage; after 50 years, rate is zero ...SB 328 Individual Taxpayers; gradual reduction in rate over 4-year period.............................................................SB 174 Job Tax Credits; Revenue Commissioner responsibilities............................................................................HB 524 Jobs Tax Credits in Certain Counties to Induce Creation of More Jobs...................................................HB 1509 Public Retirement Benefits; repeal an exemption.........................................................................................HB 1457 Retirement Income Exclusion; increase amount...........................................................................................HB 1159 Tax Payments, Other Revenue; deposited within 30 days of receipt...........................................................HB 222 Taxpayer Overpayments; notification................................................................................................................SB 314 Taxpayer Refunds; Withheld or Estimated Tax Overpayments; interest.................................................HB 1349
INDEMNIFICATION; Public School Educators Killed or Injured in Line of Duty...............................HR 971
INDEPENDENT LIVING PROGRAM; Labor Department designated state unit.................................HB 172

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2723

INDIAN HERITAGE American Indian Remains and Objects Held by Museums; notices.............................................................SB 436 Cross-Reference; Georgia Cemetery and Funeral Services Act of 2000. ....................................................SB 462

INDIGENT PERSONS Health Care Funding Formula for Rural Hospitals; committee to study.......................................................SR 35 Health Care Specialty Services in Underserved Areas; volunteers; licenses...........................................HB 1352 Hospital Indigent Care Funding; create joint committee to study................................................................SR 556 Indigent Defense Council; funding; interest from cash bonds...................................................................HB 1157 Legal Assistance; Third-year Law School Student Public Defender Act....................................................SB 304 Low Income Housing Projects; taxpayers owning interest; tax credits......................................................HB 272 Medicaid; payment of inpatient hospital claims ..............................................................................................HB 631 Medically Underserved Areas; Volunteer in Medicine Health Care Act....................................................HB 146 Publicly Funded Low-income Housing; accessible features for the mobility impaired............................SB 443 Scholarships to Low-income Students Who Are Attending Poorly Performing Local Schools................SB 68

INDUSTRY, TRADE, TOURISM (ITT) (Also See Economic Development) Businesses Engaged Tourism or Commercial or Retail Sales or Service; financing by
Georgia Housing and Finance Authority.......................................................................................................SB 400 Coastal Tourism Study Committee; create........................................................................................................SR 770 Gasoline and Diesel Fuel; committee to study unfair pricing........................................................................SR 644
INGRAM, JUDGE EDITH; commend .............................................................................................................SR 594
INGRAM, WENDELL L., SR.; condolences..................................................................................................SR 763
INMATES (Also See Corrections or Jails or Probation) Capital Crimes; death penalty sentences; execution by lethal injection....................................................HB 1284 Capital Criminal Offenses; death penalty carried out by choice of electrocution or lethal injection......SB 337 Convicted Felons; forensic DNA Analysis to determine identification characteristics; procedures......SB 318 Crimes Involving Injury or Death of a Law Enforcement Officer, Firefighter EMS Technician;
No parole or early release. ................................................................................................................................SB 120 Earned Time Allowances Not Automatic; award based upon behavior. .....................................................SB 429 Escapees from Confinement; criminal extradition orders...........................................................................HB 1397 Misdemeanor Offenses; probated or suspended sentences; supervision.....................................................SB 474 Obstruction of Supervising Officers; unlawful to remove or attempt to remove their weapons............HB 905 Offense of Possession of a Firearm by a Convicted Felon or First Offender Probationer........................SB 466 Parole Conditions; uncompensated work with community service agency................................................SB 357 Persons Convicted of a Felony Ineligible Serve as Jurors..............................................................................SB 216 Pretrial Intervention and Diversion Programs for Certain Offenders...........................................................SB 412 Pretrial Release and Diversion Programs; supervision...................................................................................SB 474 Private Prisons; sales of products produced by inmates; professional counseling employees................SB 417 Privatized Detention Facilities; cost of out-of-state prisoners; government agencies not liable............HB 456 Probation; privatized services; termination of contracts .............................................................................HB 1414 Probationers Convicted Crimes Against Children; supervision time. ..........................................................SB 126 Probationers; convicted felons, first offender; firearms possession..........................................................HB 1522 Scheduled Release Date; notify sentencing judge and crime victims........................................................HB 1412 Serious Felony Crimes; not eligible for parole, early release until serve 90% of sentence imposed.......SB 11 Serious Violent Felonies; convicted perpetrator; tax proceeds derived from portraying criminal act...HB 470 Serious Violent Felonies; no sentence-reducing measures; Hard Time for Violent Felons Act.............SB 476

INNKEEPERS' EXCISE TAX LIABILITY; delinquencies of former owners....................................HB 1186

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2724

JOURNAL OF THE SENATE

INSURANCE Annuities; charitable gifts of cash or property.................................................................................................SB 300 Annuities; contracts; nonforfeiture provisions; cash surrender benefits...................................................HB 1594 Banks and Lending Institutions; license to sell insurance.............................................................................HB 656 Cemetery and Funeral Services Act of 2000; regulate preneed sales agents...........................................HB 1609 Consumers Insurance Advocate; supervision of state ombudsman for mental health, mental
Retardation and substance abuse services.....................................................................................................SB 479 Farmers' Mutual Fire Insurance Companies; maximum risk amounts...........................................................SB 37 Fire Insurance Premium Tax Revenues; use for firefighter's retirement and pension funds...................HB 887 Fraud Committed Against Persons Age 60 or Older; penalties....................................................................HB 513 Health Benefit Plans; payment of claims time limit; sanctions.....................................................................SB 116 Health Benefits; Patient and Provider Health Care Relief..Prefiled................................................................. SB 2 Health Benefits; Timely Payments; dental, vision, disability.....................................................................HB 1586 Health; Breast Cancer Patient Care Act.............................................................................................................SB 141 Health Care Benefits; urge lifetime coverage for military retirees...............................................................SR 511 Health Care Goods or Services; non-insurance discount cards; deceptive selling..................................HB 1286 Health; care of the terminally ill; pain management..........................................................................................SB 38 Health Care Plans; economic pressures on rural hospitals; study.................................................................SR 794 Health Carriers; unfair trade practices against victims of abuse...................................................................SB 260 Health; certificate of authority; capital requirements; exams........................................................................SB 492 Health; Consumer Choice Negotiated Health Insurance Plan Act................................................................SB 526 Health; coverage; child's craniofacial care .....................................................................................................HB 1538 Health; coverage; inpatient post-surgical care..................................................................................................SB 255 Health; coverage of Local Boards of Education within state plans.................................................................. SB 5 Health; coverage; patient costs; cancer treatment clinical trials....................................................................SB 361 Health; legislative proposals mandating certain coverage; assessment.......................................................SB 156 Health; managed care plans; medically necessary in-patient hospital services; prohibit restrict ............SB 475 Health; managed care plans; patients denied recommended treatment; right to external review............SB 158 Health or Managed Care Organizations; financial capital; risks...................................................................SB 493 Health; patient information obtained from pharmacies; restrictions...........................................................HB 819 Health; policy identification cards; required printed information................................................................HB 670 Health; PPOs, Managed Care Plans; disclosures to enrollees; negotiations with physicians;
Denial of recommended services....................................................................................................................SB 432 Health; premium increases; prior notices.........................................................................................................HB 487 Health; reimbursement; Registered Nurse First Assistants..............................................................................SB 58 Health; self-funded Employer-based Plans; urging states authority...............................................................SR 10 Health; state employees; optional coverage plans as alternatives.................................................................SB 388 Health; state health plans; compliance Administrative Procedure Act.......................................................HB 668 Indemnification; compensation for disabling injuries; Law Enforcement Officers and Firefighters.....SB 377 Indemnification of Law Enforcement Officers and Firefighters...................................................................SR 204 Indemnification of Public School Teachers and Employees.......................................................................HB 1388 Indemnification of State Highway Employees; amend Constitution...........................................................SR 519 Independent Review Organizations; requirements; certification..................................................................SB 158 Insurers; cancellation of policy; contract or binder rendered void...............................................................HB 818 Insurers; domestic stock and mutual; filing charter applications...............................................................HB 1168 Laws and Regulations; insurers, licensees; methods to send notices...........................................................SB 436 Liability; requirements for possessing a Dangerous Dog..............................................................................HB 935 Life; insurable interest; assignment of policies.............................................................................................HB 1586 Life Insurance; funding vehicle for preneed funeral services........................................................................SB 462 Medical Information in Personnel Files; exception to disclosure...................................................................SB 21 Medicare Choice Plans; define; coverage........................................................................................................HB 818 Medicare Supplement Policies; definitions; creditable coverage................................................................... HB 94 Motor Carriers of Household Goods; indemnity insurance bond...................................................................SB 87 Motor Common Carriers; certificate of insurance; filing with PSC.............................................................SB 451 Motor Common Carriers; certificate of insurance in lieu of bond................................................................SB 408 Motor Vehicle; claims during warranty period; replacement, repairs..........................................................SB 234

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INDEX

2725

INSURANCE (Continued) Motor Vehicle; liability; uninsured motorist protection; raise minimum coverage amount....................SB 344 Motor Vehicle; proof of financial responsibility; administered by DMVS..............................................HB 1441 Motor Vehicle; taxicabs; certificate of self-insurance; exception................................................................HB 809 Motor Vehicle; truck or truck tractors; liability minimum coverage...........................................................HB 679 Motor Vehicle; violations; suspend license plate and registration.................................................................SB 69 Mutual Holding Companies; reorganization or merger requirements..........................................................SB 122 Policies, Contracts, Annuities; method of returning; dispatch by certified mail or overnight delivery..SB 436 Premium Finance Companies; licensure requirements; cancellation of contracts; electronic records...SB 438 Property; include major appliance repairs; surety insurers; bonds; contracts or instruments..............HB 1381 Property; requirements not apply heavy equipment dealers........................................................................HB 1219 Rural Health Care Services; HMO contracts; participating providers.........................................................SB 334 Telephone Solicitation Prohibitions Not Apply Insurance Agent Calls......................................................HB 432 Unfair Discrimination Against Family Violence Victims..............................................................................SB 464 Workers' Compensation; premium discounts; drug-free workplace program.............................................SB 470
INTANGIBLE RECORDING TAXES ; collecting officers; reports; distributions ..............................HB 1310
INTEREST AND USURY (Also See Banking or Commerce) Divorce Cases; alimony; installment payments; interest on late payments .............................................HB 1540 Loans Made by Housing Authorities to Private Enterprises.......................................................................HB 1419 Pawn Transactions; excessive interest clarification.........................................................................................SB 348 Unlicensed Commercial Loan Sharking; criminal offenses........................................................................HB 1389 Unlicensed Commercial Loan Sharking; criminal offenses ...................................................SB 294
INTERIOR DESIGNERS AND ARCHITECTS; create State Board of...................................................SB 350
INTERNET Alcoholic Beverages; Retail Grocer Electronic Commerce Act...................................................................SB 434 Consumer Sales; sales tax collectors; urge fairness for all sellers...............................................................HR 973 Electronic Commerce; sales tax collection; urge equity, fairness.................................................................SR 538 Electronic Communications; concerns that child may be victim of criminal conduct; recording...........SB 387 Electronic Surveillance, Interception of Communications or Monitoring Persons; conditions; evidence of criminal conduct........................................................................................................................HB 1576 Public Access to Official Lists; named roads, bridges, interchanges........................................................HB 1153
INTERSTATE PAPER, NEWPORT TIMBER, AND EVERGREEN FOREST PRODUCTS .....SR 579
INVOLUNTARY SEPARATION Benefits; appointment of taxpayer's pension advocate to review..................................................................SB 423 Persons Drawing Retirement; restrictions upon benefit increases................................................................SB 421 Retirement Benefits; appointment of a Taxpayers' Pension Advocate to review....................................HB 1285
ISAACSON, JOHNNY; U.S. CONGRESSMAN; recognize ....................................................................... Page 3
ISLAMIC COMMUNITY AND RAMADAN CELEBRATION Recognizing............................................................................................................................................................SR 410
J
JACK AND JILL OF AMERICA FOUNDATION, INC.; commend......................................................SR 405
JACKSON COUNTY Braselton Municipal Court; jurisdiction; ordinance violations.....................................................................SB 129 Probate Court; judge; nonpartisan elections..................................................................................................HB 1473 Water and Sewerage Authority; members; eliminate term limits .................................................................SB 469

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2726

JOURNAL OF THE SENATE

JACKSON, HONORABLE HARRY COOK OF COLUMBUS ; in remembrance of..........................SR 600
JACKSON, RETIRED SGT. LONNIE; C.C.S.C., Inc. Volunteers; commend........................................SR 662
JAILS, JAILERS (Also see Corrections) Assault or Battery Upon County Jail Officers; penalty ..................................................................................SB 446 Cities of 300,000 or More; additional penalty in State Court for jail purposes.......................................HB 1372 County Jails; certified officers; arrest powers..................................................................................................SB 445 Inmates; award of earned time allowances not automatic or mandatory.....................................................SB 429 Peace Officers' Benefit Fund; membership; county jail officers...................................................................SB 268
JASPER COUNTY; Board of Education; compensation; expenses ..........................................................HB 1740
JEFF DAVIS COUNTY Designate; Fred Moody Highway, add beneath name, 'World War II'......................................................HR 1150 Designate; Paul Byrd Highway; add beneath name 'Korean Conflict'. .....................................................HR 1151
JEFFERSON COUNTY; Property Conveyance; National Guard Armory Property................................SR 514
JEFFERSON ELECTRIC COMPANY; utility easement; Richmond County........................................SR 504
JEKYLL ISLAND STATE PARK AUTHORITY; Coastal Tourism Study Committee.......................SR 770
JENKINS COUNTY; Designate; Robert C. Jones Memorial Highway.....................................................HR 884
JENKINS, JIM; commend ...................................................................................................................................SR 809
JOBS TAX CREDIT (Also See Income Taxes and Economic Development) Establishment or Relocating Business Headquarters Creating New Jobs................................................HB 1134 Tax Credits for Business Enterprises; Revenue Commissioner duties.......................................................HB 524 Tax Credits in Certain Counties to Induce Creation of More Jobs .......................................HB 1509
JOHNSON, AUDREY ELIZABETH; University System Academic Scholar..........................................SR 720
JOHNSON, CALVIN C. JR.; claims against the state; compensate. .......................................................HR 1053
JOHNSON, CARL E.; commend .......................................................................................................................SR 806
JOHNSON COUNTY; Transfer to Heart of Georgia-Altamaha Regional Development Center...........HR 121
JOHNSON, DIANE HARVEY State Senator, District 2; criminal indictment communication .....................................................................Page 12 Letter of Resignation from State Senate ...........................................................................................................Page 15 Acceptance of Resignation .................................................................................................................................Page 17 Call for Special Election to fill Senate District 2 vacancy ............................................................................Page 16
JOHNSON, JAMES MAURICE; commend ...................................................................................................SR 744
JOHNSON, JONDELLE HARRIS ; Designate Portion of US 41/US 19 as Jondelle Johnson Drive...SR 232
JOHNSON, LEROY; name portion Fulton Industrial Boulevard to honor.................................................SR 541
JOHNSON, MELVIN; commend.......................................................................................................................SR 621
JOHNSON, TED; honoring .................................................................................................................................SR 710

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2727

JONES, RACHEL C.; University System Academic Scholar.......................................................................SR 725
JONES, ROBERT C.; name Memorial Highway to honor; Jenkins County.............................................HR 884
JONESVILLE BAPTIST CHURCH OF THE PENTECOSTAL ASSEMBLIES ; commend ..........SR 601
JORDAN, HELEN GRIFFIN; commend.........................................................................................................SR 585
JUDGES (Also See Courts) Appellate Court; retirement eligibility; 12 years of service. ..........................................................................SB 263 Corrections Department to Notify Projected Release Date of Any Inmate..............................................HB 1412 Judicial Assistance; senior, retired or part-time judges; compensation....................................................HB 1574 Judicial Retirement; creditable service; 24 years at age 55............................................................................SB 264 Judicial Retirement; membership options; certain former members...........................................................HB 764 Judicial Retirement System; retirees; state health insurance plan...............................................................HB 566 Judicial Retirement System; transfer of contributions from ERS................................................................HB 543 Judicial Retirement System; transfer of membership from the ERS. ..........................................................HB 919 Juvenile Courts; circuit-wide juvenile court judgeships; grants..................................................................HB 182 Probate Court; retirement benefits; retirees reemployed as judges.............................................................HB 453 Probate Courts Retirement Fund; membership dues; discontinue after paying 20 years; arrears........HB 1089 Probate; nonpartisan elections in certain counties.............................................................................................SB 79 Probate; provide for office of senior judge. ...................................................................................................HB 1158 State Court; change residency requirements.....................................................................................................SB 449 State Court; eligibility; practice of law experience requirement..................................................................HR 268 State Court; qualifications for office; experience requirement.....................................................................HB 552 State Trial and Appellate; retirees; carrying concealed weapons................................................................HB 110 Voter Registration Records; confidentiality of residence addresses............................................................SB 503

JUDGMENTS (Also See Liens or Property) Case Filings; disposition information form; electronic format......................................................................SB 176 Civil Actions; foreign judgments; punitive damages; appeals; bonds.........................................................SB 487 Civil Litigation Improvement Act; judgments; supersedeas bonds...........................................................HB 1346 Motor Vehicle Accidents; uninsured motorist protection, coverage............................................................SB 344 Owners of Trucks or Truck Tractors; vehicle accidents................................................................................HB 679

JUDICIAL CIRCUITS Atlanta Circuit; superior court; additional judge...........................................................................................HB 1425 Augusta Circuit; superior court judges; county salary supplement............................................................HB 1738 Bell-Forsyth Circuit; superior court; additional judge. ................................................................................HB 1425 Chattahoochee Circuit; superior court; additional judge. ............................................................................HB 1425 Circuit-wide Juvenile Court Judgeships and Salaries; provide for. .............................................................HB 182 Cobb Circuit; superior court; additional judge..............................................................................................HB 1425 Cobb Circuit; superior court; judges; salary supplement.............................................................................HB 1527 District Attorneys; employment of assistants, investigators, staff................................................................SB 346 Flint Circuit; composed of Henry County; transfer other counties...............................................................SB 219 Flint Circuit; superior court; judges, DAs; county salary supplement.........................................................SB 161 Houston Circuit; superior court; change term..................................................................................................HB 701 Judicial Retirement System; creditable service; 24 years at age 55..............................................................SB 264 Judicial Retirement System; transfer of membership from the ERS. ..........................................................HB 919 Pretrial Intervention and Diversion Programs for Certain Offenders...........................................................SB 412 Tallapoosa Circuit; superior court; additional judge....................................................................................HB 1425 Towaliga Circuit; change court terms, Butts, Lamar, Monroe Counties..................................................HB 1171 Towaliga Circuit; superior court; additional judge.......................................................................................HB 1425 Towaliga Judicial Circuit; create new circuit....................................................................................................SB 219

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2728

JOURNAL OF THE SENATE

JURIES (Also See Courts) Grand Jurors; expense allowance........................................................................................................................SB 426 Juror Service; excuse certain parents, guardians from service.........................................................................SB 31 Jurors; ineligible persons; procedure for removal from jury list...................................................................SB 216 Jury Clerks and Other Personnel; appointment in certain counties..............................................................SB 501 Jury Duty Summons; certified mail or statutory overnight delivery .........................................SB 436 Jury Duty; excuses and deferrals; students and certain caregivers .................................................................HB 39
JUSTUS, LEWIS ; commend................................................................................................................................SR 757
JUVENILE JUSTICE DEPARTMENT Program Goals; integrated service delivery; federal memorandum. .............................................................SR 406 Property Conveyance; closure, Lorenzo Benn Youth Development Campus...........................................HR 956 Special School District; vocational education program. .................................................................................SB 410
JUVENILE PROCEEDINGS (Also See Courts or Minors or Children and Youth Services) Abused Children; criminal behavior; treatment; study committee. ..............................................................SR 655 Amend Chapter 11 of Title 15 by Reorganizing Articles 1, 2, and 4. ..........................................................SB 315 Appellate Procedures in Juvenile Delinquency Cases....................................................................................SB 228 Arson; offenses committed by juveniles; superior court jurisdiction...........................................................SB 203 Child Advocate Office Created to Oversee Protective Services, Agencies.............................................HB 1422 Child Advocate, Office of; create to monitor needs of children....................................................................SB 500 Children; suspected abuse or neglect; emergency custody by hospital or physician.................................SB 315 Circuit-wide Juvenile Court Judgeships; provide...........................................................................................HB 182 Contributing to Delinquency of a Minor; penalty provisions.......................................................................HB 482 Crimes Committed by Children Under Age 13; Linda Gail Hendrick Act.................................................SB 416 Department of Juvenile Justice; integrated service delivery; study..............................................................SR 406 Documents, Notices by Certified Mail or Statutory Overnight Delivery.....................................................SB 436 Fayette County Juvenile Court Probation Services; transfer to state system...........................................HB 1708 Judicial Assistance; senior judges, retired judges, judges emeritus; salary..............................................HB 1574 Juvenile Court Clerks; training; clerks pro tempore .....................................................................................HB 1206 Juvenile Courts; additional authority; enforce child support ...........................................................................SB 70 Juvenile Gangs; General Assembly Commission to Study Issues................................................................SR 491 Juvenile Justice Department; vocational education program. ........................................................................SB 410 Juvenile Matters Initiated by Local Boards of Education............................................................................HB 1187 Juveniles Proceedings; reorganization of OCGA Title 15, Chapter 11.....................................................HB 1112 Juveniles; prosecution; aggravated battery resulting in serious injury; Linda Gail Hendrick Act.......HB 1405 Parties to Crimes; criminal liability; additional imprisonment........................................................................SB 71 Statewide Juvenile Court Intake and Probation Services System; transferred county employees;
Merit system classification..............................................................................................................................HB 892 Students Convicted Felonies or Delinquent Acts, Violation of School Conduct Codes;
Juvenile Court jurisdiction................................................................................................................................SB 190 Temporary Guardianship of Minors; objection filed for dissolution..........................................................HB 414

K KAPPA SIGMA FRATERNITY ANNIVERSARY; commend.................................................................SR 563 KAUFFMAN, MIKE; Gwinnett Daily Post's Co-Swimmer of Year; commend........................................SR 819 KAUFFMAN, RYAN M.; University System Academic Scholar................................................................SR 726 KEEGAN, LAURA E.; University System Academic Scholar.....................................................................SR 716 KEEP GEORGIA BEAUTIFUL PROGRAM AND ITS AFFILIATES; commend............................SR 620

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2729

KENNEDY BRIDGE; designate in Terrell County to honor family............................................................SR 515
KENNEDY, PAM; Miss Atlanta; introduced .............................................................................................Page 1226
KENNESAW, CITY OF Ad Valorem Taxes; homestead exemption ....................................................................................................HB 1712 Ad Valorem Taxes; homestead exemption; senior citizens; referendum. ....................................................SB 514 Change corporate limits.....................................................................................................................................HB 1585
KHAW, BLISS IMMANUEL; University System Academic Scholar........................................................SR 737
KIDNEY DISEASE; Renal Disease Treatment; dialysis clinics; license requirements...........................HB 646
KIM, MISS YOUNGSHIN; commend..............................................................................................................SR 672
KINCHEN, DEPUTY RICKY; tribute to. .......................................................................................................SR 813
KING, REVEREND PRIMUS E.; name highway to honor in Columbus..............................................HR 1211
KNEPP, RICHARD NELSON; University System Academic Scholar......................................................SR 713
KNIGHTS OF COLUMBUS FOURTH DEGREE DAY; declaring ........................................................SR 575
KROGER DAY AT THE CAPITOL; designating........................................................................................SR 521
KURTZWEIL, ADA LEE; University System Academic Scholar..............................................................SR 715
KYOTO PROTOCOL; Global Warming; Emissions Controls; renegotiate terms ...................................SR 230
L
LABOR AND INDUSTRIAL RELATIONS (Also See Employment Security or Workers' Compensation) Employee Wage and Salary Payments; credit transfer to bank account........................................................SB 52 Employees Experiencing Violence or Threats in Workplace; restraining orders....................................HB 1275 Employment Sex Discrimination Cases; notices relating to arbitration.......................................................SB 436 Employment Wages; increase minimum wage to $5.15 per hour................................................................HB 549 Engines, Boilers, Pressure vessels, Piping; power plant personnel. .............................................................SB 531 Income Tax; credit; employer provided transportation benefits; jobs tax credit for relocation of
business headquarters.....................................................................................................................................HB 1134 Jobs Tax Credits; Certain Counties to Induce Creation of More Jobs, Wages........................................HB 1509 Labor Organizations; treatment by local boards of education.......................................................................SR 610 Long-Term Care Industry; qualified workers; joint study committee.........................................................HR 850 Personnel Files; personal data not subject to disclosure...................................................................................SB 21 Public Employees Labor Relations Act; enact.................................................................................................SB 494 Rehabilitation Services; transfer functions to Labor Department................................................................HB 172 Trade Tools and Implements of Manual Workers; exempt ad valorem tax.................................................. HB 20 Unemployment Compensation; benefits; affect of severance pay................................................................SB 119 Unemployment Compensation; employer contribution rates; reductions...................................................SB 107 Workers' Compensation; benefits; awards; appeals; overpayments; self-insurer status; guardians;
burial and disability benefits..........................................................................................................................HB 135 Workers' Compensation Coverage; National Guard and State Defense Force........................................HB 1391 Workers' Compensation; deceased employees; settlement; medical payment; electronic funds.........HB 1184 Workers' Compensation; injured employees; actions against person other than employer. .................HB 1400 Workers' Compensation; insurance premium discount; drug-free workplace programs ..........................SB 470
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2730

JOURNAL OF THE SENATE

LABOR AND INDUSTRIAL RELATIONS (Continued) Workers' Compensation; notices relating to accidents, claims, hearings....................................................SB 436 Workers' Compensation; settlements; deceased employees; medical payments; weekly benefits;
electronic funds ..................................................................................................................................................SB 332 Workplace Violence or Threats; family violence; restraining orders...........................................................SB 486
LAGRANGE, CITY OF; New Year's Millennial Celebration; commend organizers..............................SR 526
LAGRANGE DOWNTOWN DEVELOPMENT AUTHORITY; delegation introduced ...............Page 1236
LAIRSEY, DEITRAH NADINE; University System Academic System...................................................SR 735
LAIRSEY, FLUIS AND FRANCES Honoring..................................................................................................................................................................SR 790 Name Intersection to Recognize and Honor; Pierce County......................................................................HR 1188
LAKE SIDNEY LANIER Lake Lanier Watershed; drinking water quality; committee to study..........................................................SR 284 Lake Sidney Lanier Watershed Governance Council Act; regional water planning..............................HB 1562
LAMAR COUNTY Livestock and Agricultural Exposition Authority; tax exempt status; assets..........................................HB 1226 Superior Court; judges, DAs; salary supplement.............................................................................................SB 161 Superior Court; Towaliga Judicial Circuit; additional judge. .....................................................................HB 1425 Superior Court; Towaliga Judicial Circuit; change term of court..............................................................HB 1171 Superior Court; transfer to new Towaliga Judicial Circuit.............................................................................SB 219
LAND, CLAY; State Senator; commend.........................................................................SR 816
LAND RECORDS Tax Executions; delinquent taxpayers; transfer of liens, deeds....................................................................SB 169 Notices of Levy on Land; authorize statutory overnight delivery.................................................................SB 436 Property Being Sold for Taxes; advertisements; description. ...............................................HB 1354
LAND USE PLANS (Also See Zoning and Local Government) Development in High Growth Areas; State Tree Protection Laws..............................................................HB 557 Manufactured Housing; uniform zoning regulations; study committee......................................................HR 154 Planned Subdivisions; renewal of covenants restricting land uses...............................................................SB 221 Greenspaces; protected lands and waters ........................................................................SB 399
LAND, WATER, WILDLIFE AND RECREATION HERITAGE FUND Administration, Expenditures, Funding; conditional effective date. ................................................................ SB 4 Amend Constitution to Create; state ad valorem tax proceeds.......................................................................... SR 4
LANDFILLS (Also See Waste Management) Utility Contractors; licensing; sewage treatment systems; engineers may perform soil evaluations....HB 846 Waste Disposal; transporting across county lines for dumping....................................................................HB 525
LANDLORD AND TENANT Brokerage Relationships in Real Estate Transactions Act; revise. ...............................................................SB 425 Civil Actions in Magistrate Court; assignee; name of original obligee. ...................................................HB 1326 Mobile Home Parks; prohibit retaliatory eviction of a tenant.......................................................................SB 512 Surety Bonds Posted by Landlords in Lieu Escrow Accounts; notices.......................................................SB 436 Tenants; Water and Wastewater Services; charges based upon usage......................................................HB 1221
LAURENS COUNTY; Magistrate Court; terms of magistrates.................................................................HB 1410

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2731

LAW ENFORCEMENT OFFICERS AND AGENCIES Assault or Battery Upon County Jail Officers; punishment...........................................................................SB 446 Badges Used by Public Safety Officers; penalty to copy and sell. ...............................................................SB 155 Child Abuse; child fatality scene investigations; review teams....................................................................SB 484 Compensation for Line of Duty Injuries and Disabilities...............................................................................SR 204 Complaints Against; non-criminal investigations; procedures......................................................................SB 142 Corrections Department to Notify Projected Release Date of Any Inmate..............................................HB 1412 County Jails; certified officers; arrest powers..................................................................................................SB 445 Crime Information Center; audits; uniform crime reporting systems..........................................................SB 356 Crime Information Center; sending of notices relating to records................................................................SB 436 Criminal History Record Repository; compliance National Crime Prevention and Privacy Compact..SB 118 Criminal History Records; FBI fingerprint check; foster care homes.........................................................HB 298 Criminal Justice Agencies; criminal history identifying data; uniform reporting practices; audits........SB 356 Criminal Records Check; professional applicants or licensees.....................................................................SB 350 DOT Enforcement Officers; powers; use of trained drug detection dogs..................................................HB 520 Duties; reported unlawful family violence incidents; notification................................................................SB 486 Electronic Surveillance, Interception of Communications, Monitoring Persons for Crime Detection
or in Emergency Situations...........................................................................................................................HB 1576 FBI; background checks of firefighters; urge eliminate fee...........................................................................SR 800 Fleeing or Attempting to Elude a Police Officer; felony penalty..................................................................SB 175 Forensic Sciences Improvement Act, National; urge enactment...................................................................SR 525 GBI Forensic DNA Analysis of All Convicted Felons; procedures.............................................................SB 318 GCIC; dissemination of criminal history records electronically..................................................................HB 613 Indemnification; compensation for disabling injuries; law enforcement officers and firefighters..........SB 377 Investigations; reports of abuse or exploitation of elderly persons..............................................................SB 407 Local Law Enforcement Salaries, Benefits; urge review, studies.................................................................SR 769 Obstruction of Public Administration; unlawful to remove weapon from police or corrections,
probation, or parole officers ............................................................................................................................HB 905 Offenses Alleged in Performance of Duties; warrants for arrest..................................................................HB 259 Peace Officer Standards and Training Council; recognition..........................................................................SR 461 Peace Officers; appointment; Stone Mountain Memorial Association.......................................................HB 449 Peace Officers' Benefit Fund; membership; county jail officers...................................................................SB 268 Peace Officers; firearms background check; State Brady Law Regulations............................................HB 1392 Peace Officers; retirement benefits; reemployment after retiring................................................................HB 799 Police Chiefs and Heads of Law Enforcement Agencies Recognition Day................................................SR 460 Police Officers; stopping vehicles believed in violation.................................................................................SB 376 Punishment for Crimes Involving Injury or Death of an Officer..................................................................SB 120 RICO Act; forfeiture actions; division of net proceeds..................................................................................SB 413 Sheriffs; duties; automated or computerized records; retrieval. ...................................................................HB 235 Sheriffs; retirement; dues; monthly benefits; surviving spouse. ..................................................................HB 393 Sheriffs; duties; cash bonds; interest-bearing accounts; Indigent Defense Fund .........................HB 1157 Sheriffs; services performed for municipal courts; fees .....................................................HB 1486 Traffic-Control Signal Monitoring Devices; recorded images; permits......................................................SB 123 Traffic Enforcement Officers; identifiable uniforms; blue lights on vehicles.........................................HB 1534 Traffic Enforcement Officers; uniforms; blue lights on vehicles...............................................................HB 1180 Vehicle Identification Problems; temporary tags; study committee...............................................................SR 91 Vehicles Left Unattended on Public Roads or Property; removal.................................................................SB 405 Voter Registration Records; confidentiality of residence addresses............................................................SB 503
LAW LIBRARIES Counties of 700,000 or More; court fees to support funding of library....................................................HB 1312 Official State Repository; Local Ordinance Codes; county law libraries to maintain codifications.......SB 295
LAWHORNE, MRS. THOMAS; recognizing ................................................................................................SR 496

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2732

JOURNAL OF THE SENATE

LAWLER, JOHN F.; name Memorial Bridge to honor; Cherokee County...............................................HR 792
LEAD POISONING; Childhood Lead Exposure Control Act; enact..........................................................HB 904
LEASES Counties, Municipalities; multiyear leases; property title. .............................................................................SB 106 Nonprofit Hospitals; renewal of certain leases; exemption..............................................................................SB 54
LEAVALL, CHUCK; introduced ..................................................................................................................Page 1178
LEE, PASTOR KERWIN B.; commend ..........................................................................................................SR 692
LEGAL ADVERTISING Publishing DUI Conviction Notices and Photographs of Offenders............................................................SB 149 Property Being Sold for Taxes; advertisements; method of describing ....................................HB 1354
LEGAL DEFENSE OF INDIGENTS Indigent Defense Council; funding; interest from cash bonds...................................................................HB 1157 Third-year Law School Student Public Defender Act.....................................................................................SB 304
LEGISLATIVE RETIREMENT SYSTEM Allowances; discretionary increases by board.................................................................................................SB 266 Board of Trustees; membership; increases in retirement allowances........................................................HB 1031 General Assembly Members; membership decision; prior service credit...................................................HB 859
LENOX, CITY OF; new charter. .....................................................................................................................HB 1331
LESTER, RAYMOND; Designate Bridge to Honor; Euharlee Creek in Rockmart..................................SR 236
LEWIS, JOHN; Fifth District Congressman; commend.................................................................................SR 507
LEWIS, KIMBERLY R.; University System Academic Scholar.................................................................SR 730
LIBERTY COUNTY; Board of Commissioners; staggered terms............................................................HB 1648
LIBRARIES, LIBRARIANS Aviation Hall of Fame; designate as official state repository......................................................................... HB 76 County Law Libraries; collection and use of certain court costs.................................................................HB 853 Nonprofit Organization Fundraisers for Libraries; exempt sales tax...........................................................HB 567 Public; funding cooperative projects between certain departments.............................................................HB 576 State Publications in Electronic Form to University of Georgia Libraries ...............................................HB 1358 Transfer Functions Relating to Public Library Services to Board of Regents.........................................HB 1187
LICENSE PLATES AND VEHICLE REGISTRATION (Also See Motor Vehicles) Administration of Laws by New Department of Motor Vehicle Safety...................................................HB 1441 License Plates Not to be Issued; outstanding parking tickets, fines.............................................................SB 368 License Plates; revalidation decals; delete failure to affix to vehicle with proof of proper decal...........SB 302 Motor Vehicles; certificates of title; liens; perfection of security interest...............................................HB 1364 Special; certified firefighters, retired certified firefighters.............................................................................SB 127 Special; 'Children's Plate'; assist emotionally disturbed children..................................................................SB 272 Special; Georgia Educators Make a Difference; use of revenues..............................................................HB 1388 Special; honoring Georgia educators; dedication of revenue. ......................................................................HR 971 Special; military reserve branches; National Guard members; veterans awarded Purple Heart..............SB 349 Special; National Guard members, retirees; trailer owners............................................................................SB 335 Special; Year 2000 Children's Plate. Support Adoption plates.....................................................................SB 253 Specially Designated Disabled Persons License Plate; eligibility...............................................................HB 496

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2733

LICENSE PLATES AND VEHICLE REGISTRATION (Continued) Suspension for Failure to Show Minimum Vehicle Insurance Coverage......................................................SB 69 Tag agents; eliminate fee charged delinquent owners...................................................................................HB 823 Temporary Plates During Initial Registration Period; issuance. .....................................................................SB 90 Temporary Plates Issued by Dealers to Purchasers; requirements...............................................................HB 823 Temporary Vehicle License Tags; committee to study problems...................................................................SR 91 Unauthorized Plates; vehicles declared contraband; forfeiture......................................................................SB 166
LIENS Civil Actions; case filings; disposition information forms; format...............................................................SB 176 Garnishment Proceedings; filings by corporate officers; property subject continuing garnishment........SB 19 Motor Vehicles; certificates of title; perfection of security interest..........................................................HB 1364 Removal of Nonconforming Liens Filed Against Government Employees............................................HB 1601 Self-service Storage Facilities; agreements; nonpayment of rent................................................................HB 817 Tax Executions; delinquent taxpayers; transfer of liens, deeds....................................................................SB 169 Uniform Fraudulent Transfers Act; debtor and creditor relations................................................................HB 257
LIEUTENANT GOVERNOR Senate Standing Committees; change in members ......................................................................................Page 311 Mark Taylor; recognized, remarks ...............................................................................................................Page 2584
LIGHT OF THE WORLD CHRISTIAN TABERNACLE INTERNATIONAL; commend.............SR 822
LINCOLN COUNTY Designate; Pierce Jackson Ferguson Memorial Highway.............................................................................HR 754 Probate Court; judge; service as chief magistrate.........................................................................................HB 1745
LINDA GAIL HENDRICK ACT; Juveniles; prosecution for aggravated battery ...............................HB 1405
LINGOLD, ROYCE; property conveyance; Baldwin County......................................................................SR 502
LITHIA SPRINGS HIGH SCHOOL SCHOLAR BOWL TEAM; commend.......................................SR 656
LITTERING Local Government Code Enforcement Boards Act; enact..........................................................................HB 1206 State Highway Systems; enforcement by new Department of Motor Vehicle Safety............................HB 1441 Violations; Local Government Code Enforcement Boards Act...................................................................HB 591
LITTLE, ELLMER CLYDE; claims against the State; compensate.........................................................HR 875
LIVESTOCK Agriculture Commissioner; disease control services; fees.............................................................................SB 330 Water Quality Rules Affecting Agriculture; Advisory Committee on......................................................HB 1182
LIVING WILLS; Maker's Intent Concerning Health Care; valid documents................................................. SB 7
LOANS Criminal Offense of Unlicensed Commercial Loan Sharking....................................................................HB 1389 Criminal Offense of Unlicensed Commercial Lenders; loan sharking ......................................SB 294 Farmers and Small Businesses; Linked Deposit Loan Programs; study......................................................SR 351 Housing Authorities; subsidiary business corporations; private enterprise..............................................HB 1419 State Community Development Program; assistance to Local Government............................................HB 1413
LOBBYISTS, REGISTERED AGENTS Campaign Contributions or Pledges; prohibit General Assembly solicit during Legislative Session....SB 354 Campaign Disclosure Reports; filing in electronic format.............................................................................SB 225

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2734

JOURNAL OF THE SENATE

LOBBYISTS, REGISTERED AGENTS (Continued) Compensated Lobbyists; ineligible membership on state boards, commissions or committees..............SB 384 Ethics; prohibited conduct on behalf of candidate for public office.............................................................SB 372 Lobbyists Representation; registration fees; change amounts.......................................................................SB 459 Prohibited Lobbying Practices; state agencies using public funds..............................................................HB 720 Public Officers, General Assembly Members; acceptance of gifts from lobbyists during legislative
sessions prohibited.............................................................................................................................................SB 467
LOCAL GOVERNMENT (Also See Counties or Municipalities) Ad Valorem Taxes; allotment state homeowner tax relief funds to counties, school districts.............HB 1403 Ad Valorem Taxes; millage rollback; increase allotment of state homeowner tax relief grants..........HB 1487 Ad Valorem Taxes; setting of Millage Rate; digest review compliance.....................................................HB 939 Air Pollution Control Regulations; auto exhaust emission inspection, testing........................................HB 1423 Alcoholic Beverage Licensees; sales to underage persons; penalty.............................................................SB 246 Alcoholic Beverage Sales on Election Days..................................................................................................HB 1339 Annexation, De-annexation; comprehensive regulations; maps, surveys, reports..................................HB 1439 Annexation; methods to send notices, documents...........................................................................................SB 436 Authorities; appointed members; suspension upon felony indictment; removal upon conviction.........HB 401 Boards of Education; members; health insurance coverage. ............................................................................. SB 5 Budgets, Audits; accounting system; conversion to uniform chart of accounts......................................HB 1321 Building Code Compliance; inspections by professional engineers............................................................HB 151 Business License Tax; Depository Financial Institution income tax credit..............................................HB 1452 City and County Service Delivery Strategies; dispute resolution; mediation..........................................HB 1430 Codification of Ordinances, Resolutions; compilation; reproduction; law library repositories.............SB 295 Contracts; privatized probation services; termination procedures................................................................SB 357 Counties; elections; opening and counting absentee ballots..........................................................................SB 527 Counties, Municipalities; contracts; multi-year lease, purchase agreements...........................................HB 1450 Counties, Municipalities; contracts; multiyear leases or purchases.............................................................SB 351 Counties, Municipalities; leases and purchases; property title. .....................................................................SB 106 Counties, Municipalities; water treatment systems; private entities; leases and contracts....................HB 1404 Counties of 700,000 or More; collection and use of certain court costs.....................................................HB 853 Counties or Boards of Education; compliance Equity in Sports Act.........................................................HB 1308 Counties; probate judges serving as election superintendents.........................................................................SB 79 County and Municipal Code Enforcement Boards; organization..................................................................SB 510 County Law Libraries; codification of ordinances; state depository............................................................SB 295 County Law Libraries; court fees to support funding in certain county...................................................HB 1312 County, Municipal Water and Waste-water Systems; leases, contracts with private entities ..................SB 448 County Ordinance Violations; prosecution; suspended sentences...............................................................HB 153 Development Authorities Dissolved by Parent Government......................................................................HB 1205 EMSC Program; ambulance service territories; decisions and appeals .........................................................SB 65 Excise Tax; hotel-motel tax levy; authorization; certain counties and municipalities; conditions......HB 1375 Excise Tax Levied for Certain Convention Facility; completion date......................................................HB 1149 Excise Taxes; hotel-motel tax levy; expenditure requirements; purposes................................................HB 1291 Fiscal Year Budgets; adoption of uniform charts of accounts.......................................................................SB 367 Forfeiture Proceedings Under RICO Act; division of net proceeds.............................................................SB 413 Georgia Agricultural Facilities Authority; grants, loans, bonds...................................................................SB 251 Government Buildings; additional sites to receive absentee ballots............................................................SB 227 Government Buildings; additional sites to receive absentee ballots............................................................SB 235 Grants for Parks and Recreation; state ad valorem tax proceeds...................................................................... SR 4 Grants to Counties Having Approved Greenspace Preservation Programs.................................................SB 399 Historic Preservation Districts; commissions, boards; functions.................................................................HB 509 Historic records; joint committee to study their preservation.....................................................................HR 1011 Homestead Option Sales Tax; proceeds; funding purposes; capital outlay, equalize tax millage...........SB 306 Homestead Option Sales Tax; (HOST); apportioning proceeds...................................................................SB 213 Hotel-Motel Excise Tax; liability of Innkeepers; exempt government employees on business...........HB 1186 Intangible Recording Tax; collecting officers; reports; distributions........................................................HB 1310

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INDEX

2735

LOCAL GOVERNMENT (Continued) Investment and Insurance Funds; Office of Treasury and Fiscal Services powers.................................HB 1508 Land Development; permits; State Tree Protection Law standards............................................................HB 557 Local Development Authorities; directors and members; training............................................................HB 1268 Local Government Code Enforcement Boards Act; administrative fines...................................................HB 591 Local Government Code Enforcement Boards Act; enact..........................................................................HB 1206 Local Law Enforcement Salaries, Benefits; urge review and studies..........................................................SR 769 Local Legislation; enactment by General Assembly; pending civil action in U.S. District Court..........SR 570 Local School Systems; accounting irregularities or budget deficits..........................................................HB 1187 Metropolitan Area Planning and Development Commissions; membership ..............................................SB 369 Motor Vehicles Purchased With Public Funds; identifying markings........................................................HB 648 Municipal Elections; reapportionment of districts; effective date. ...............................................................SB 370 Municipalities; adoption of service delivery strategy with county...............................................................SB 347 Notices by Certified Mail or Statutory Overnight Delivery...........................................................................SB 436 Nude Dancing Clubs; location restrictions; distance requirements..............................................................SB 321 Parking Tickets, Outstanding Fines; license plate not to be issued..............................................................SB 368 Pedestrian-friendly Roadways; committee to study road building design...............................................HR 1051 Permits; prescribed burning to control forest fires; leaf piles.....................................................................HB 1123 Privatized Detention Facilities; out-of-state prisoners housing cost; no government agency liable......HB 456 Public Buildings Paid for by the Taxpayers; placement of plaques.............................................................. HB 87 Public Contractors; breached bonds; methods to send notices......................................................................SB 436 Public Entities Issuing Bonds, Notes or Obligations; filing reports............................................................HB 964 Public Swimming Pools; permits; health and safety inspections....................................................................SB 30 Public Works Construction Contracts; bids, proposals; inspection; pre-qualification; bonds ..............HB 1079 Radar Speed Detection Devices; use in historic districts..............................................................................HB 865 Railroad Tracks Crossing Public Road; closure agreement; injunction.......................................................SB 366 Records Not Subject Public Disclosure; information for burglar, fire or electronic security systems ...SB 364 Regulation of Use, Display or Sale of Tobacco Products..............................................................................SB 380 Regulatory Reform; limit economic impact on business and consumers......................................................SB 78 Requests for Criminal History Records of Felony Convictions...................................................................HB 613 Retirement Systems; investment procedures; actuarial investigation.........................................................HB 617 Retirement Systems; pension obligation bond requirements........................................................................HB 847 Revenue Bond Law; registration upon purchaser's request...........................................................................SB 299 Revenue Bonds; limit powers relative landfill and waste disposal..............................................................HB 525 Sales Tax; special county 1%; proceeds for transportation facilities........................................................HB 1303 Sales Taxes; local; exemptions relating to state construction contracts...................................................HB 1246 State and Local Government Economic Empowerment Act; urge approval. .............................................SR 539 State Service Delivery Regions; change certain counties;............................................................................HB 755 State Tree Protection Law; applicable high growth areas.............................................................................HB 557 Tax Assessors; county board members; removal for cause; vacancies.....................................................HB 1224 Tax Assessors; county boards; appraisal staff; competency review; removal grounds; civil service..HB 1296 Traffic Regulations at Airports; clarify enforcement powers..........................................................................SB 55 Water Management; public-private partnership options; study issues.........................................................SR 175 Water Use Restrictions During Drought Periods; uniformity.....................................................................HB 1373 Watershed Protection; local plans applicable public water supplies............................................................SB 229 Waterworks or Sewage Systems; private entities; eminent domain; powers..............................................SB 343 Zoning or Land Use Changes Which Cause Reduction in Property Values...............................................SB 478
LOCUST GROVE, CITY OF City Manager and Administrator; full-time position; duties of the mayor...............................................HB 1444 Mayor and Council; terms of office.................................................................................................................HB 1443
LONG COUNTY; Magistrate Court; Probate Court judge services; compensation...............................HB 1472
LOTTERY FOR EDUCATION ACT; Proceeds; collection of debt owed to state; notices delivery...SB 436

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2736

JOURNAL OF THE SENATE

LOUISVILLE, CITY OF; Property Conveyance; armory facility to Jefferson County;.........................SR 514
LOVETT, MATTHEW; 4-H Leadership; commend......................................................................................SR 434
LOWNDES COUNTY; Remerton, City of; New Charter...........................................................................HB 1699
LOWNDES HIGH SCHOOL FOOTBALL TEAM; AAAA State Championship; commend ............SR 463
LUDOWICI, CITY OF; corporate limits; annex certain territory .............................................................HB 1734
LUMPKIN COUNTY Designate; Ted Taft Copeland Dam; Highway 52 at reservoir......................................................................SR 624 Property Exchange; Chestatee Wildlife Management Area...........................................................................SR 503 Regional Water Planning; Lake Sidney Lanier Watershed Governance Council Act............................HB 1562

M
MACON, CITY OF Cherry Blossom Festival; Taste of Macon; commend....................................................................................SR 505 Macon Police Department SWAT Team; 1999 Earl Hamrick Award; commend.....................................SR 425
MACON COUNTY Designate; John A. Trask Highway...................................................................................................................HR 436 Office of County Manager; create.....................................................................................................................HB 192
MADDOX, LESTER; Former Governor; recognize ........................................................................................ Page 3
MADDOX, S.G. In Remembrance and to Honor. ..........................................................................................................................SR 665 Name Highway in Early County to Honor........................................................................................................SR 666
MAGISTRATE COURTS Civil Actions Relating to Landlord and Tenant; name of original obligee...............................................HB 1326 Criminal Jurisdiction Over Certain Misdemeanor Offenses.........................................................................HB 304 Documents, Notices by Certified Mail or Statutory Overnight Delivery.....................................................SB 436 Filing of Actions, Documents or Signatures Electronically...........................................................................SB 403 Jurisdiction; citations for noncompliance relative fire or other hazards endangering life, property.........SB 73 Prosecution Upon Citations; ordinance violations, deposit account fraud; actions in name of obligee. SB 338 Sentencing for Violations of County or State Ordinance Violations..........................................................HB 153
MAGNUSON, ERIK; President of MAGNUM Companies Ltd.; commend..............................................SR 598
MALPRACTICE; Civil Damage Actions; expert witnesses; testimony of licensed professionals........SB 345
MANDATES UPON STATE AND LOCAL GOVERNMENTS Assessment of Proposed Accident and Sickness Insurance Coverage Act.................................................SB 156 State Regulatory Responsibility Act; federal mandates; guidelines.............................................................SB 394
MANUEL, TRAYVIS ; 4-H Leadership; commend.........................................................................................SR 439
MANUFACTURED HOUSING Landlords; Mobile Home Parks; prohibit retaliatory tenant evictions.........................................................SB 512 Mobile Homes; ad valorem taxation; dealer inventory; permits..................................................................HB 623 Mobile Homes; value to be added to regular ad valorem tax digest............................................................HB 167

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2737

MANUFACTURERS Animal Matter Rendering Plants; reduce odorous gases, vapors emitted...................................................HB 650 Badges Used by Department of Public Safety; penalty to replicate. ............................................................SB 155 Businesses Manufacturing Cigarettes for Foreign Export; income tax credit..........................................HB 1455 Jobs Tax Credits; Certain Counties to Induce Creation of More Jobs, Wages........................................HB 1509 Motor Vehicle Factory Warranty Period; repairs; insurance claims.............................................................SB 234 Sales Tax; exemption; manufacturing plant repair parts, molds, dies, tools; business computers,
equipment for high-tech industry.................................................................................................................HB 1510 Tobacco Products; cigarettes; eliminate retail vending machine sales.........................................................SB 461
MAPS, PLATS; Georgia Coordinate System; Annexation, De-annexation; regulation.........................HB 1439
MARIETTA, CITY OF Ad Valorem Taxes; homestead exemption ....................................................................................................HB 1706 Board of Education; bonded indebtedness for educational purposes...........................................................SB 529 Corporate Limits; de-annex certain area............................................................................................................SB 276 Downtown Development Authority; members; election; appointment; voting.......................................HB 1645 Marietta Revitalization Authority; create.......................................................................................................HB 1636
MARIJUANA Crimes Involving Marijuana or Other Drugs and Possession of Firearm or Knife; penalty ....................SB 450 Drug Trafficking, Possession; vicinity of housing project or park..............................................................HB 649 Felony Drug Convictions; prohibit License to Carry Pistol, Revolver...........................................................SB 15 Unlawful Possession of Marijuana; misdemeanor offenses; prosecution..................................................HB 304
MARINE VESSELS Ad Valorem Taxation; change evaluation method; distinct subclasses.......................................................SB 471 Ad Valorem Taxation of Marine Vessels; classification for tax purposes; amend Constitution.............SR 580
MARION COUNTY Designate; Myrtice McGarrah McMichael Bridge west of Tazewell...........................................................SR 623 Superior Court; additional judge......................................................................................................................HB 1425
MARRIAGE Declaration of Intent to Contract as a Covenant Marriage.............................................................................SB 191 Income Tax Liability; reduce rate; each completed year of marriage. .........................................................SB 328 Marriage and Family Therapists; specialty panels on state board................................................................SB 457 Minors; age limits; parental consent; no exemption for pregnancy................................................................SB 18
MARSHALL, REVEREND JOHN DAVIS ; commend................................................................................SR 754
MARTA Board of Directors; additional ex officio member; extend sales tax rate..................................................HB 1615 Board of Directors; change composition...........................................................................................................SB 502 Operating Costs; exclude certain costs; use of interest income....................................................................HB 573
MASTECTOMIES Breast Cancer Patients; minimum inpatient care following procedure........................................................SB 141 Hospital Stays; post-surgical care; Appropriate Patient Care Act.................................................................SB 255
MATTHEWS, TESSA; Miss Troup County; introduced .........................................................................Page 1226
MCCANTS, JONATHAN JACKSON; designate bridge to honor.............................................................SR 403
MCCARTHY, SUSAN G., Cherokee County Teacher of the Year; commend..........................................SR 481

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2738

JOURNAL OF THE SENATE

MCCLURE, LARRY; name Scenic Highway to honor; Rabun County....................................................HR 840
MCCOPPIN, ANTHONY S.; claims against the State; compensate........................................................HR 1050
MCCULLEY, WILLIAM (BILLY) NEWTON; commend ........................................................................SR 559
MCDUFFIE COUNTY Board of Commissioners; chairperson; compensation.................................................................................HB 1474 Probate Court; judge; nonpartisan nomination and election ..........................................................................SB 441
MCINTOSH COUNTY; Probate Court; judge; nonpartisan election; term of office. ..............................SB 509
MCIVER, JOHN D.; commend ..........................................................................................................................SR 821
MCKENZIE, LEWIS H., FORMER STATE SENATOR; in remembrance. .........................................SR 408
MCKINNEY, CYNTHIA; name Parkway to honor; DeKalb County......................................................HR 1231
MCKINNEY, JAMES E. 'BILLY' ; name highway in Fulton County to honor. ......................................SR 484
MCMICHAEL, DICK; commend......................................................................................................................SR 543
MCMICHAEL, MYRTICE MCGARRAH; name bridge in Marion County to honor..........................SR 623
MCMICHEN, KALEB; 4-H Leadership; commend.......................................................................................SR 447
MCPHERSON, BRUCE WILLIAM; Eagle Scout; commend....................................................................SR 703
MCWHORTER, HAMILTON, JR.; Former Secretary of the Senate; recognize ..................................... Page 3
MECHANICS AND MATERIALMEN'S LIENS; Delivery of Notices...................................................SB 436
MEDIA Political Advertisements; identity of person purchasing.............................................................................HB 1361 Productions Concerning Certain Crimes; perpetrator taxed 100% on any remuneration........................HB 470 Publishing DUI Conviction Notices and Photographs of Offenders............................................................SB 149
MEDICAID (Also See Public Assistance) Fraud; forfeiture of property; delivery of notices............................................................................................SB 436 Fraud; service of complaints and summons ..................................................................................................... HB 708 Inpatient Hospital Care; rates; payment of claims..........................................................................................HB 631 Medicaid Disproportionate Share Hospitals; rural community benefits ......................................................SR 592 Rural Non-emergency Transportation; health care provider contracts..........................................................SB 89
MEDICAL COLLEGE OF GEORGIA; Georgia Medical Center Authority Act; promotion of biomedical, biotechnical research programs..................................................................................................SB 440
MEDICAL EDUCATION State Medical Education Board; employment of administrative staff.........................................................HB 260 Teaching Hospitals; funding; Board of Physician Workforce; assigned state agency...........................HB 1411
MEDICAL EXAMINERS, Autopsies; deceased body refrigeration; disposition of specimens.............SB 424
MEDICAL PRACTICE (Also See Physicians or Professions) Abortion Procedure; Woman's Right to Know Act; informed consent law.................................................SB 125 Acupuncture Practice Act; licensing of persons to practice..........................................................................HB 814

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2739

MEDICAL PRACTICE (Continued) Auricular Acupuncturists; certification; drug abuse detoxification................................................................SB 86 Cancer Treatment; clinical trial procedures; committee to study.................................................................SR 276 Care of the Terminally Ill; pain management; Advisory Committee on........................................................SB 38 Chiropractors; acts or omissions being investigated; disclosure...................................................................SB 483 Chiropractors; violations; changes in disciplinary sanctions.........................................................................SB 513 Commission on Men's Health Issues; create. ................................................................................................HB 1235 Dental Hygienists; licensure; qualification; accredited schools...................................................................HB 634 Front-line Health Care Workers; exposure controls; needleless systems.................................................HB 1448 Georgia Medical Center Authority Act; promotion of biomedical, biotechnical research.......................SB 440 Health Care Practitioners; centralized credentialing ....................................................................................HB 1038 Health Care Profession, Occupations; scope of practice; study issue..........................................................SR 123 Health Care Providers; school health and student medications.......................................................................SB 14 Health Insurance Coverage; child's craniofacial care ...................................................................................HB 1538 Health Insurers Denying Recommend Treatment; external reviewers.........................................................SB 158 Health Insurers; Patient and Provider Health Care Relief..Prefiled.................................................................. SB 2 Health or Managed Care Organizations; financial capital; risks...................................................................SB 493 Hospital Indigent Care Funding; create joint committee to study................................................................SR 556 Insurance; health; coverage; patient costs; cancer treatment clinical trials.................................................SB 361 Living Wills, Durable Power of Attorney or Agency; valid documents......................................................... SB 7 Malpractice Damage Actions; expert witnesses; qualifications....................................................................SB 345 Medical Education, State Board; administrative staff; director....................................................................HB 260 Medical Education; teaching hospitals; Board for Physician Workforce administrative staff..............HB 1411 Medical Researchers; disclosure of confidential data. .................................................................................HB 1300 Medical Treatment; persons using facial covering..........................................................................................SB 482 Medically Necessary In-patient Hospital Services; restrictions by managed care plans prohibited.......SB 475 Mental Health Care Delivery System; needs of "gray area children"............................................................SR 23 Mental Health Therapists; licensure; business name titles............................................................................HB 271 Nurses; advanced practice registered nurses; prescriptive authority...........................................................HB 784 Nurses; licensed practical; require identifying 'LPN' name tags..................................................................HB 206 Nurses, Registered; surgical care; reimbursement for services.......................................................................SB 58 Optometrists; continuing education; authority to prescribe drugs...............................................................HB 577 Patient Care; inappropriate prescribing of antibiotics.....................................................................................SR 509 Persons With Ambulatory Disabilities; supporting medical affidavit.........................................................HB 496 Pharmacists Performing Blood Tests to Facilitate Patient Care.................................................................HB 1234 Pharmacists; scope of practice; drug therapy management.........................................................................HB 1447 Physical Therapy and Physiotherapy; scope of practice...................................................................................SB 25 Physicians, Retired; special license to practice volunteer services..............................................................HB 146 Preferred Providers in Managed Care Plans; office fees; disclosures..........................................................SB 432 Prescription Drugs; Pharmacy Assistance Program for Low-income, Elderly Citizens; create..............SB 515 Prescription Products Shipped Into State; Therapeutic Index Drugs...........................................................SB 239 Privileged Medical or Scientific Research Data; confidentiality..................................................................SB 168 Psychiatric Medication of School-Age Children; commission to study...................................................HR 1079 Psychologists Certified to Prescribe Drug Medications.................................................................................SB 202 Psychologists; certified to prescribe drugs for treatment purposes..............................................................SB 157 Radiation Therapy Performed in Office; exclude certificate of need...........................................................SB 171 Radiation Therapy Performed in Office; exempt certificate of need............................................................SB 185 Renal Disease Treatment; kidney dialysis clinic; licenses; training............................................................HB 646 Retirement Communities and Skilled Nursing; study committee.................................................................SR 613 Rural Hospitals; health care services; economic pressures; study................................................................SR 794 Surgical Procedures; insurance coverage of appropriate patient care. .........................................................SB 255

MEDICARE SUPPLEMENT INSURANCE Definitions; creditable coverage. ......................................................................................................................... HB 94 Medicare Choice Plans; define; coverage.........................................................................HB 818

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2740

JOURNAL OF THE SENATE

MENTAL HEALTH Developmental Disabilities, Governor's Council on; recognition.................................................................SR 172 Disability Services Planning; registry of persons needing services............................................................HB 269 Disability Services; state ombudsman and community ombudsmen on behalf of service recipients....SB 479 Disabled Adults, Elder Persons and Vulnerable Adults Protection Act.....................................................HB 863 Emotionally Disturbed Children; funding; special license plates.................................................................SB 253 Emotionally Disturbed Children; trust fund; sale of license plates..............................................................SB 272 Mental and Mentally Retarded Patients; methods to send notices................................................................SB 436 Mental Health Therapists and Associate Therapists; licensure.....................................................................SB 249 Mental Health Therapy Specialty; licensure; business name titles..............................................................HB 271 Persons Declared Mentally Incompetent Ineligible Serve as Jurors.............................................................SB 216 Psychologists Certified to Prescribe Certain Drug Medications...................................................................SB 202 Psychologists Certified to Prescribe Drugs for Treatment Purposes............................................................SB 157 Regional Boards; appear before legislative appropriations committees ...................................................HB 1470 Rehabilitation Services; sheltered employment centers................................................................................HB 172 Study Committee on Mental Health, Mental Retardation, and Substance Abuse Service Delivery .........SR 32 Study Committee on the Mental Health Care Delivery System. .....................................................................SR 23
MERCHANTS ASSOCIATION OF MARTIN LUTHER KING, JR. DRIVE; commend................SR 782
MERIT SYSTEM (Also See State Employees) Classified Personnel; county employees transferred statewide juvenile probation service system........HB 892 GeorgiaGain Employee Evaluation System; urge appeals procedure..........................................................SR 630 Personnel Board; changes to health insurance plan; Administrative Procedure Act................................HB 668 Personnel Management; work force productivity; policies, practices.......................................................HB 1314 State Personnel Oversight Commission; membership; terms........................................................................SB 463
MERIWETHER COUNTY; Ad Valorem Taxes; homestead exemption; amount of assessed value...SB 540
MERRITT, DEPUTY ALMOND; Coffee County Sheriff's Department; honoring................................SR 536
METROPOLITAN AREA PLANNING (See Development Authorities or Authorities)
METTER, CITY OF; Designate; P.V. Stripling Memorial Highway..........................................................SR 137
MEYER, DAVID CHRISTOPHER; Eagle Scout; commend......................................................................SR 702
MICHELLE'S LAW; Health and Safety Regulations for Public Swimming Pools....................................SB 30
MILITARY AFFAIRS (Also See Veterans) Active Military Service; service credit; Teachers Retirement System. .......................................................HB 908 Ad Valorem; homestead exemption; surviving spouse of U.S. Armed Forces; referendum. ..................HB 446 Ad Valorem Taxation of Vehicles; exempt temporarily domiciled members of U.S. Armed Forces...HB 441 Designate; Howard T. Overby National Guard Armory in Gainesville....................................................HR 1008 Employees Retirement; creditable service; military draft.................................................................................SB 45 Employees Retirement; creditable service; active military duty or teaching during Vietnam Conflict. SB 147 Georgia War Veterans Home; committee to evaluate privatization.............................................................SR 244 License Plates; special; identifying military reserve branch..........................................................................SB 349 License Plates; special; National Guard members; documentation..............................................................SB 349 License Plates; special; veterans awarded Purple Heart.................................................................................SB 349 Military Retirees; supporting lifetime health care benefits...........................................................................HR 935 Military Retirees; urge lifetime health care benefits.......................................................................................SR 511 Veterans Awarded Purple Heart; ad valorem tax exemption on vehicles.................................................HB 1417 Veterans Benefits; establish Georgia Veterans Cemetery...........................................................................HB 1396 Veteran's Day Observance November 11 in Public Schools.......................................................................... HB 68 Workers Compensation Coverage; National Guard and State Defense Force.........................................HB 1391

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2741

MILLER COUNTY Board of Education; reapportion election districts .......................................................................................HB 1347 Board of Education; reapportion election districts .......................................................................................HB 1702
MILLER, LYNDSEY; Georgia Youth Volunteer; commend........................................................................SR 572
MILLER, MILT; Lowndes County Football Coach; addressed Senate ...................................................Page 143
MILLER, ZELL; Former Governor; recognize ................................................................................................. Page 3
MINORITIES ; Official Designation; Ralph Mark Gilbert Civil Rights Museum......................................SB 224
MINORS Alcoholic Beverage Sales to Underage Persons; penalties............................................................................SB 246 Arson; offenses committed by juveniles; superior court jurisdiction...........................................................SB 203 Boats, Watercraft; operation by persons ages 14 and 15; conditions...........................................................SB 389 Child Abuse; physical or sexual abuse; committee to study issues..............................................................SR 655 Child Advocate Office; create to monitor child abuse and neglect..............................................................SB 500 Child Custody; ages 11 to 14; court discretion in disputes.........................................................................HB 1133 Child Custody; consideration of evidence of parental abuse...........................................................................SB 26 Child Custody; evidence; child abuse, family violence; inspection.............................................................SB 378 Child Custody; non-custodial parent visitation guidelines.............................................................................SB 402 Child Placement; foster care homes; FBI fingerprint records check. ..........................................................HB 298 Child Support Enforcement; authority of Juvenile Courts...............................................................................SB 70 Childhood Care and Education Programs; state goals, expected results....................................................HR 851 Childhood Care and Education; state policy goals; urge compliance...........................................................SR 480 Childhood Care; state funded education settings; policies, outcome measures..........................................SR 788 Childhood Lead Exposure Control Act; lead poisoning prevention............................................................HB 904 Children in Non-intact Families; non-custodial parent visitation.................................................................SR 786 Children; cause to believe child's life in danger; emergency removal; 'Terrell Peterson Act'.................SB 315 Cigarettes, Tobacco; prohibited sales to; enforcement officers..................................................................HB 1229 Contributing to Delinquency of a Minor; penalty provision.........................................................................HB 482 Crimes Against Children; offenders on probation; supervision time...........................................................SB 126 Death or Injury to a Child Left Unattended in a Vehicle; penalty................................................................SB 418 Driver's License, Permits; revocation; suspension for certain offenses....................................................HB 1458 Drivers' Licenses, Permits; minimum age; driving restrictions, hours, number of passengers...............SB 293 Early HOPE Scholarship Act; tuition grants; low-income students...............................................................SB 68 Education; kindergarten; enrollment age; birth after September 1...............................................................SB 257 Education; satisfactory academic performance; promotion restriction..........................................................SB 36 Electronic or Telephone Communications; interception or recording.........................................................SB 414 Electronic Surveillance or Interception of Communications or Monitoring; conditions.......................HB 1576 Emotionally Disturbed Children; trust fund; sale of license plates..............................................................SB 272 Foster or Adoptive Home Selection; conviction data on adult persons.......................................................SB 102 Guardian Ad Litem for Workers' Compensation Benefits............................................................................HB 135 Guns; Criminal Negligence to Allow Minor Access to Certain Guns.........................................................SB 308 Health Insurance Coverage; child's craniofacial care ...................................................................................HB 1538 Juveniles; prosecution for aggravated battery resulting in serious injury.................................................HB 1405 Mandatory Education Between Ages Six and 16; chronic disciplinary problems..................................HB 1187 Mandatory School Attendance; change ages; exception.................................................................................SB 360 Marriage; parental consent requirements; no exemption for pregnancy........................................................SB 18 Mentally Disabled; review of treatment under present system........................................................................SR 23 Occupants of a Vehicle Driven by a DUI Habitual Violator..........................................................................SB 273 Offense of Aggravated Sodomy; sexual acts with child victim under age 10..........................................HB 1240 Offense of Obscene Telephone Contact With a Child; penalties.................................................................HB 712 Office of Child Advocate Created to Oversee Protective Services, Agencies.........................................HB 1422 Parties to Crimes Committed by Juveniles; additional imprisonment............................................................SB 71

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2742

JOURNAL OF THE SENATE

MINORS (Continued) Paternity Orders; effect of establishing legitimacy of a child..........................................................................SB 96 PeachCare for Kids; health care coverage; additional children..................................................................HB 1214 Pistols or Revolvers; possession by person under age 18; penalty...............................................................SB 466 Programs and Services; additional funding; special license plates...............................................................SB 253 Psychiatric Medication of School-Age Children; commission to study...................................................HR 1079 Rape Prevention and Personal Safety Education Program............................................................................HB 171 School Conduct Violations, Students Convicted Felonies or Delinquent Acts; disciplinary actions;
Juvenile Court jurisdiction................................................................................................................................SB 190 School Disciplinary Tribunals; membership; officials and citizens...............................................................SB 35 School Enrollment Eligibility Date; committee to study................................................................................SR 129 School Health Care and Medical Services; committee to study...................................................................SR 344 School Health; student medications; administration guidelines....................................................................SB 244 School Health; student medications; who may administer...............................................................................SB 14 Schools; Student Disciplinary Hearings to Impose Suspensions..................................................................SB 132 Seat Belts in Passenger Vehicles; change definition.......................................................................................SB 211 Students; chronic disciplinary problems; parental duty; Juvenile Court actions. ...................................HB 1187 Summer School; students attending alternative school or suspended..........................................................SB 406 Temporary Guardianship; application for dissolution; objections...............................................................HB 414 Urging Legislative Deliberation of Vehicle Safety Issues .............................................................................SR 596 Vending Machines; eliminate sales of tobacco products to youth; compensate retailers .........................SB 461 Victims of Sexual or Physical Abuse; evidence; admissible testimony.......................................................SB 214 Violent Acts Against a Teacher; suspension; ineligible enrollment.............................................................SB 401 Voting Booths; children under age 17 may accompany parents ..................................................................HB 266
MISDEMEANOR OFFENSES (Also See Crimes or Sentence and Punishment) Magistrate Court Jurisdiction Over Certain Violations; prosecution..........................................................HB 304 Out-of-State Bail Jumping to Avoid Court Appearance; penalty.................................................................SB 415 Probated or Suspended Sentences; supervision of probationers; fees..........................................................SB 474
MITCHELL-BAKER HIGH SCHOOL BASKETBALL TEAM; commend ........................................SR 699 MITCHELL-BAKER HIGH SCHOOL VARSITY CHEERLEADERS; commend...........................SR 698
MITCHELL COUNTY Expressing Concerns for Welfare of Citizens Due to Tornado Disaster. ....................................................SR 768 Property Conveyance; lease to Pelham Development Corporation..............................................................SR 502
MOBILE HOMES (Also See Buildings and Housing) Ad Valorem Taxation; dealer inventory, returns; location permits.............................................................HB 623
MONROE COUNTY Superior Court; judges, DAs; salary supplement.............................................................................................SB 161 Superior Court; Towaliga Judicial Circuit; additional judge. .....................................................................HB 1425 Superior Court; Towaliga Judicial Circuit; change term of court..............................................................HB 1171 Superior Court; transfer to new Towaliga Judicial Circuit.............................................................................SB 219
MONTICELLO, CITY OF; Monticello, Designation as "City of Excellence" commend......................SR 564
MOORE, JONI; Wilkes County Teacher of Year; commend........................................................................SR 705
MORGAN COUNTY Ad Valorem; county purposes; homestead exemption; senior citizens........................................................SB 454 Ad Valorem; school taxes; homestead exemption; senior citizens...............................................................SB 455 Ad Valorem; school taxes; homestead exemption; senior citizens...............................................................SB 456 Ad valorem Taxes; homestead exemption; senior citizens; referendum......................................................SB 453 Morgan County Family Connection Board; creation ...................................................................................HB 1658

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MORGAN COUNTY HIGH SCHOOL WRESTLING TEAM; congratulate.......................................SR 595
MORGAN, RALPH; name Parkway in Whitfield County to honor. ........................................................HR 1045
MORGAN, TOOMBS TAYLOR; Memorial Bridge to honor; Dooley County......................................HR 621
MORRIS BROWN COLLEGE; Morris Brown College Day at the Capitol; observance......................SR 471
MORTGAGES (Also See Property or Banking or Real Estate) Banks and Lending Institutions; license to sell insurance.............................................................................HB 656 Cancellation of Instruments Upon Payment of Debt; affidavits...................................................................HB 429 Mortgage Brokers, Lenders; licensing, registration or exemption; criminal background check ...... HB 1231 Tax Executions; delinquent taxpayers; transfers; security interests.............................................................SB 169
MOSS-POWELL, SONYA; McDuffie County Teacher of Year; commend .............................................SR 591
MOTHERS' VOICES GEORGIA CHAPTER; commend .........................................................................SR 658
MOTOR FUEL TAX; Administration; notices by state revenue commissioner........................................SB 436
MOTOR VEHICLE DEALERSHIPS AND FRANCHISORS Motor Vehicle Emission Inspection and Maintenance Act........................................................................ HB 1423 Motor Vehicle Dealerships; agreement rights; violations........................................................SB 88 Sale or Transfer of Ownership; unfair competition with new dealers.........................................................HB 415 Temporary License Plates Issued to Purchasers; issuance; display................................................................SB 90 Temporary License Plates Issued to Purchasers; requirement......................................................................HB 823 Temporary License Tags on New Vehicles; committee to study...................................................................SR 91
MOTOR VEHICLE INSPECTIONS; Air Pollution; particulate matter; non-attainment area; Auto exhaust emissions testing; remote sensing; bumper stickers .........................................................HB 1423
MOTOR VEHICLES AND TRAFFIC Abandoned, Junked Vehicles; Local Government Code Enforcement Boards.........................................HB 591 Abandoned or Junked Vehicles; Local Government Code Enforcement Boards Act............................HB 1206 Abandoned or Unattended; removal from public property after 2 days......................................................SB 405 Ad Valorem; exemption; temporarily domiciled soldiers and sailers.........................................................HB 441 Ad Valorem Tax Exemption; vehicles owned by veterans awarded Purple Heart..................................HB 1417 Ad Valorem; taxable value determination; fair market and wholesale. .......................................................SB 312 Ad Valorem Taxation; uniform evaluation; retail-wholesale averaging...................................................HB 1224 Ad Valorem Taxation; valuation of motor vehicles; tax digest....................................................................HB 167 Automobile Carriers; oversized vehicles; designated highways..................................................................HB 716 Brain and Spinal Injury Trust Fund; additional DUI penalty; .......................................................................SB 480 Certificates of Title; liens; perfected by delivery of notice of security interest.......................................HB 1364 Child Safety Restraint Requirements; points assessed for violations...........................................................SB 104 Churches and Religious Organizations; sales of donated used motor vehicles for charity.......................SB 317 Death or Injury to a Child Left Unattended in a Vehicle; penalty................................................................SB 418 Driver Training Instructors in Secondary Schools; requirements.................................................................SB 447 Driver Training Schools; State Board Technical and Adult Education.......................................................SB 528 Driver's License; commercial vehicles; define gross weight.........................................................................SB 319 Driver's License; disqualification due Epilepsy Disorder............................................................................HB 1180 Driver's License; disqualification due to epilepsy disorder. .........................................................................HB 122 Driver's License; expiration; sixth year following issuance; fees.................................................................SB 365 Driver's License; eyesight testing; methods to renew licenses......................................................................SB 232 Driver's License; fingerprint requirement waiver............................................................................................SB 322 Driver's License; limited driving permits for speed limit offenses................................................................... SB 8 Driver's License or Permits; issuance of a replacement; time period.........................................................HB 115

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2744

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued) Driver's License, Permits; revocation; suspension, limited permits; probation conditions,
DUI repeat offenders; persons under age 21...............................................................................................HB 1458 Driver's License; printed implied consent warning notice. ..............................................................................SB 43 Driver's License; probationary; replacement license fees.............................................................................HB 587 Driver's License; speed limit offenses; limited driving permits......................................................................SB 40 Driver's Licenses, Permits; young drivers; minimum age; restrictions.......................................................SB 293 Driver's Licenses; require driver education or driver training .......................................................................SB 528 Drivers Using Cellular Mobile Telephones; urge use good judgment.........................................................SR 611 Drivers Using Mobile Telephones While Vehicle in Motion Prohibited.....................................................SB 298 Drivers Using Radio or Mobile Phone and Vehicle Accidents; points........................................................SB 395 Drivers Using Radios and Mobile Telephones; required to exercise due care ...........................................SB 323 Driving on Left of Roadway; Speed Limits in Construction Sites............................................................HB 1180 DUI; drunken drivers; Commission to Study.................................................................................................... HR 13 DUI; habitual violators arrested when minor is occupant of vehicle............................................................SB 273 DUI; habitual violators issued probationary license; restriction...................................................................SB 261 DUI Offenders; publishing of conviction notices and photographs.............................................................SB 149 DUI; problems of drunken drivers; state commission to study .....................................................................SR 134 Equipment; seat belts; redefine Passenger Vehicles; requirements..............................................................SB 211 Fleeing or Attempting to Elude a Police Officer; punishment.......................................................................SB 175 Handicapped Parking Spaces; persons with ambulatory disabilities...........................................................HB 496 Highway Safety; traffic, freight, passengers; committee to study................................................................. HR 82 Income Tax Credit; low-emission vehicles; electric chargers; diesel emission reduction equipment...HB 801 Injury Prevention Programs; emergency care; committee to study..............................................................SR 459 Insurance Claims; Manufacturer's Original Factory Warranty Period.........................................................SB 234 Insurance; liability policies; uninsured motorist protection; proof...............................................................SB 344 Insurance; property; requirements not apply heavy equipment dealers ....................................................HB 1219 Insurance; truck or truck tractors; liability coverage; judgments.................................................................HB 679 Law Enforcement Officers Assigned to Traffic Duties; uniforms; blue lights on vehicles...................HB 1180 Laws or Regulations; vehicles, drivers, insurers; delivery of notices..........................................................SB 436 License Plates on Recently Acquired Vehicles; temporary plates..................................................................SB 90 License Plates; revalidation decals; delete failure to affix to vehicle with proof of proper decal...........SB 302 License Plates; special; 'Children's Plate'; special trust fund.........................................................................SB 272 License Plates; special; eligible certified firefighters......................................................................................SB 127 License Plates; special; Georgia Educators Make a Difference. ................................................................HB 1388 License Plates; special; honor Georgia educators; dedicate revenues........................................................HR 971 License Plates; special; military reserve branches; National Guard; veterans awarded Purple Heart....SB 349 License Plates; special; National Guard members, retirees; trailer owners.................................................SB 335 License Plates; special; persons with ambulatory disabilities.......................................................................HB 496 License Plates; special; Year 2000 Children's Plate; Support Adoption plates..........................................SB 253 License Plates; temporary dealer plates; repeal certain tag fee.....................................................................HB 823 License Plates; temporary tags on new vehicles; committee to study...........................................................SR 91 License Plates; unauthorized plates; vehicles subject forfeiture....................................................................SB 166 Licensees; PSD records; disclosure to insurer; electronic access...................................................................SB 69 Motor Common Carriers; certificate of insurance; filing with PSC.............................................................SB 451 Motor Vehicle Emission Inspection and Maintenance Act.........................................................................HB 1423 Motor Vehicle Safety Department, Board and Office of Commissioner; create.....................................HB 1441 Motor Vehicles; combustion engines; nitrous oxide fuel additives ...........................................................HB 1183 Motorcycle Helmets; urge Congress revise federal safety standards ...........................................................SR 231 Motorcycle Riders; headgear violation not moving traffic violation............................................................SB 342 Motorcycle Riders; protective headgear; delete requirement ..........................................................................SB 84 Motorcyclists; access, admission, parking at public accommodations........................................................SB 535 Parking Law for Persons With Disabilities; enforcement; appointments......................................................SB 53 Parking Tickets, Outstanding Fines; nonpayment; not issued license plate................................................SB 368 Pawn Transactions; excessive interest clarification.........................................................................................SB 348 Pedestrian Crosswalks; driver required to stop and remain stopped............................................................SB 359

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2745

MOTOR VEHICLES AND TRAFFIC (Continued) Persons Injured While Committing Felony, Uninsured Motorists Driving DUI or Revoked Licenses; Limit recovery of damages ...............................................................................................................................SB 396 Police Officers; stopping vehicles for a violation; specific facts..................................................................SB 376 Radar Speed Detection Devices; use in marked historic districts................................................................HB 865 Reckless Driving; moving traffic violation while driver using mobile telephone .....................................SB 353 Registration, Titling, Liens, Licensing; methods to send notices.................................................................SB 436 School Buses; equipment; communications devices for drivers...................................................................SB 458 Seat Belt Requirements; sport utility vehicles; pickup trucks.......................................................................SB 211 Serious Injury by Vehicle; increase maximum penalty ..................................................................................SB 325 Speed Limit Offenses; limited driving permits; certain offenders..................................................................SB 40 Speed Limits in Highway Work Zones; violations; fines; signage...............................................................SB 419 State Government Purchases; support Georgia manufacturing plants.........................................................SR 669 Taxicabs; certificate of self-insurance; exception...........................................................................................HB 809 Traffic Citations; signature requirements; posting of cash bond...............................................................HB 1180 Traffic-Control Signal Monitoring Devices; violations evidenced by recorded images; use permits....SB 123 Traffic Offenses at Airports; local government enforcement powers............................................................SB 55 Traffic Violations; prosecution; failure to appear; penalty..............................................................................SB 93 Traffic Violations; prosecution; jurisdiction, courts and traffic violation bureaus; failure to appear....HB 423 Truck Stops Installing Diesel Engine Emissions Reduction Equipment; tax credits................................HB 801 Trucks; semi-trailers; vehicle length and loads; permits for excess weight and dimensions...................SB 496 Trucks; Trailers, Semi-trailers; brake requirements; surge brakes............................................................HB 1192 Urging Legislative Deliberation of Vehicle Safety Issues .............................................................................SR 596 Vehicle Emissions; change to biennial inspections.........................................................................................SB 313 Vehicular Homicide; increase maximum penalty in first 1st degree............................................................SB 324 Wireless Telephones; encourage responsible use while driving...................................................................SR 650
MOTORCYCLES Motorcycle Awareness and You Month in Georgia; recognizing.................................................................SR 500 Motorcycle Helmets; urge Congress revise federal safety standards ...........................................................SR 231 Public Accommodations; owners may not restrict admission or parking....................................................SB 535 Riders; headgear violation not moving traffic violation.................................................................................SB 342 Riders; protective headgear and eye devices; delete requirement...................................................................SB 84
MT. ZION, CITY OF; Municipal Court; jurisdiction limits.......................................................................HB 1686
MUNICIPAL COURTS Costs or Fines; failure to pay amount due; writ of fieri facias.......................................................................SB 371 Probation; privatized services; termination of contracts .............................................................................HB 1414

MUNICIPALITIES (Also See Local Government) Accounting System; conversion to uniform chart of accounts...................................................................HB 1321 Ad Valorem; property assessments; uniformity adjustments; appeals; municipalities located in
more than one county.......................................................................................................................................SB 309 Ad Valorem Taxes; homestead tax deferral for the elderly.........................................................................HB 1178 Alcoholic Beverage Sales on Election Days..................................................................................................HB 1339 Annexation, De-annexation; comprehensive regulations; maps, surveys, reports..................................HB 1439 Authorities; appointed members; suspension upon felony indictment; removal upon conviction.........HB 401 Building Permits; code compliance; inspectors; local amendments............................................................HB 150 City and County Service Delivery Strategies; dispute resolution process...............................................HB 1430 Codification of Ordinances, Resolutions; compilation; reproduction; distribution; repositories............SB 295 Contracts; multi-year lease, purchase agreements; limitations...................................................................HB 1450 Contracts; multiyear lease or purchases; title to property..............................................................................SB 106 Contracts; multiyear leases or purchases; referendum approval....................................................................SB 351 Development Authorities Dissolved by Parent Government......................................................................HB 1205

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2746

JOURNAL OF THE SENATE

MUNICIPALITIES (Continued) Election Code; amend various provisions. ....................................................................................................HB 1361 Election Districts; reapportionment; change effective date. ..........................................................................SB 370 Elections; registrars, superintendents, ballot clerks, write-in candidates.................................................HB 1117 Elections; voting by early ballot; procedures, period......................................................................................SB 235 Eminent Domain Powers for Certain Utilities; procedures; consent............................................................SB 343 Eminent Domain Powers; sewage treatment and disposal system purposes..............................................SB 339 Excise Tax; hotel-motel; authorization to levy for certain municipalities................................................HB 1375 Excise Tax Levy and Collection; expenditure requirements; purposes....................................................HB 1291 Excise Tax Levy for Certain Convention Facility; completion date. ........................................................HB 1149 Fiscal Years; adoption of uniform charts of accounts.....................................................................................SB 367 Land Development Site Permits; state tree protection standards.................................................................HB 557 Local Development Authorities; directors and members; training............................................................HB 1268 Local Government Code Enforcement Boards Act........................................................................................HB 591 Local Government Code Enforcement Boards Act; enact..........................................................................HB 1206 Local Government Code Enforcement Boards Act; organization.................................................................SB 510 Metropolitan Area Planning and Development Commissions; membership ..............................................SB 369 Motor Vehicles Purchased With Public Funds; identifying markings........................................................HB 648 Municipal Courts in Consolidated City-County; fees for Sheriff's services............................................HB 1486 Municipal Courts; jurisdiction; citations; noncompliance fire or other hazards regulations; fines...........SB 73 Municipal Employees Benefit System; guidelines for investing funds......................................................HB 617 Notices by Certified Mail or Statutory Overnight Delivery...........................................................................SB 436 Nude Dancing Clubs; location restrictions; distance requirements..............................................................SB 321 Public Buildings Paid for by the Taxpayers; placement of plaques.............................................................. HB 87 Public Records Not Subject Disclosure; information for burglar, fire or electronic security systems...SB 364 Public Works Construction Contracts; competitive award requirements;................................................HB 1079 Railroad Tracks Crossing Public Road; closure agreement; injunction.......................................................SB 366 Service Delivery Strategy With County; when sanctions not imposed.......................................................SB 347 Waste Disposal; transporting across county lines for dumping....................................................................HB 525 Wastewater Treatment Facility Bypasses; sewer connection moratorium. .................................................SB 121 Water and Waste-water Treatment Systems; leases, contracts...................................................................HB 1404 Water Use Restrictions During Drought Periods; uniformity.....................................................................HB 1373
MURDER (See Crimes or Criminal Procedure)
MURRAY COUNTY Board of Commissioners; chairperson veto powers; conditioned effective date.....................................HB 1282 Property Exchange; Fort Mountain State Park. ................................................................................................SR 503
MUSCOGEE COUNTY Board of Education; contracts; emergency expenditures ............................................................................HB 1563 Columbus-Muscogee County Consolidated Government; tax and service districts...............................HB 1297 Columbus-Muscogee County Government; ordinance violations; penalties ...........................................HB 1542 Superior Court; additional judge......................................................................................................................HB 1425
MUSEUMS Official Designation; Ralph Mark Gilbert Civil Rights Museum. ................................................................SB 224 Official State Transportation History Museum; Southeastern Railway Museum in Duluth...................HB 361
MUSSELWHITE, ASHLEY; 4-H Leadership; commend ............................................................................SR 450

N NAIL CARE TECHNICIANS; cosmetology licensing; schools; sanitation...............................................SB 95

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2747

NARAYANHAN, RADHA; University System Academic Scholar.............................................................SR 724
NASH, CLAUDE ROSCOE; name Memorial Bridge to honor; Dodge County....................................HR 1016
NATIONAL CRIME PREVENTION AND PRIVACY COMPACT Change Certain References; ensure uniform reporting systems....................................................................SB 356 Criminal History Record Repository; compliance...........................................................................................SB 118
NATIONAL GUARD Designate; Howard T. Overby National Guard Armory in Gainesville....................................................HR 1008 License Plates; special; eligibility; documentation..........................................................................................SB 349 License Plates; special; issuance for trailer owners.........................................................................................SB 335 National Guard Day in Georgia; declaring........................................................................................................SR 494
NATIONAL HIGH SCHOOL ESSAY PROJECT; commend Melissa Brown, Nichelle Appleby and Julie Epps.....................................................................................................................................................SR 683
NATURAL DISASTERS (See Disaster Emergencies or Emergency Management)
NATURAL GAS; Sales Tax Exemption; natural gas used in production of electricity............................HB 567
NATURAL RESOURCES AND CONSERVATION (Also See Game or Environmental or Waters) Air Pollution; Board of Natural Resources' regulations; cost analysis........................................................SB 311 Air Pollution Control Regulations; auto exhaust emissions inspection, testing......................................HB 1423 Air Pollution; Motor Vehicle Emissions; biennial inspections.....................................................................SB 313 Air Pollution; regulate Power Plants, Equipment; engineer in charge. ........................................................SB 531 Animal Matter Processing Plants; reduce odorous gases, vapors................................................................HB 650 Boating and Hunter Safety; volunteer program with private groups; advertising, promotion funds......SB 393 Commercial Analytical Laboratories; accreditation; effective date...........................................................HB 1376 Dams, Category I; administration costs; establish owner fees.....................................................................HB 564 Environmental Protection Division Agricultural Advisory Committee....................................................HB 1182 Environmental Protection Division; permit and variance applications; time specified to respond ........SB 327 Erosion and Sediment Controls; Highway or Road Construction or Maintenance Projects....................SB 524 Fishing; taking fish by means of a gill net prohibited..................................................................................HB 1124 Flint River Drought Protection Act; Irrigation Reduction Incentives.......................................................HB 1362 Forest Fire Protection; prescribed burning; burning of leaf piles...............................................................HB 1123 Forestry Management; lands owned in fee simple or as a life tenant..........................................................HB 112 Georgia Greenspace Commission and Trust Fund; Community Greenspace Preservation Programs....SB 399 Historic Preservation Districts Designation Process; training......................................................................HB 509 Land and Water Conservation Fund; urge Congressional support...............................................................SR 242 Land, Water, Wildlife and Recreation Heritage Fund; create............................................................................ SB 4 Official Gardens and Nature Centers of Georgia; designate.......................................................................HB 1322 Rivers of West Georgia; joint committee to study steps to protect.............................................................HR 215 Rules, Regulations; notices by statutory overnight delivery..........................................................................SB 436 Solid Waste Disposal Facilities; permitted vertical expansions....................................................................SB 468 Stone Mountain Memorial Association; exercise of police powers.............................................................HB 449 Water and Wastewater Service to Residential Units; tenant agreements.................................................HB 1221 Water Pollutant Discharges; monitoring; signage; sample testing...............................................................SB 473 Water Quality; Aquatic Habitat; land-disturbing activity; buffers; erosion, sedimentation control. ...HB 1426 Water Resources; surface water withdrawal; coastal areas; aquifer storage prohibited..............................SB 48 Watercraft; operation by persons ages 14 and 15; muffling internal combustion engines.......................SB 389 Watershed Protection; local plans applicable public water supplies............................................................SB 229 Wildlife Management; permits to trap, kill or remove for public purposes.............................................HB 1409
NELSON, ALEXANDRA; 4-H Leadership; commend..................................................................................SR 441 NELSON, WILLIAM W.; tribute to..................................................................................................................SR 776

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2748

JOURNAL OF THE SENATE

NEW TESTAMENT MISSIONARY BAPTIST Church Women's Softball Team; commend.............SR 474
NEWBERRY, MRS. MYRTLE HARRELL; 90th Birthday Congratulations.........................................SR 464
NEWTON COUNTY; Industrial Development Authority; additional powers ........................................HB 1673
NICKERSON, JESSICA; recognizing..............................................................................................................SR 568
NIX, JOHN L. AND SARAH H.; commend....................................................................................................SR 567
NONPROFIT ORGANIZATIONS (Also See Commerce or Corporations) Charitable Solicitations; registration; fundraising activities; regulate paid solicitors and agents...........SB 499 Churches and Religious Organizations; sales of donated used motor vehicles for charity.......................SB 317 Community Service Agencies; use of parolees; limited liability..................................................................SB 357 Elks Lodges; Ad Valorem Property Tax Exemption; state-wide referendum..........................................HB 1247 Fundraisers for Public Libraries; sales tax exemption...................................................................................HB 567 Fundraising Raffle, Auction of Event Tickets; exempt scalping laws........................................................HB 331 Georgia Nonprofit Day; recognizing..................................................................................................................SR 527 Historical Fraternal Benefit Associations; ad valorem tax exemption.........................................................SB 233 Programs Benefiting Emotionally Disturbed Children; contracts................................................................SB 253 Qualified Charitable Gift Annuities; define; disclosure; notices..................................................................SB 300 Volunteers in Health Care Specialties Act; special licenses ................................................HB 1352
NONPROFITS FOR NONPROFITS, INC., IMPACT 2000; commend .................................................SR 540
NORTH GEORGIA COLLEGE AND STATE UNIVERSITY National Champion Collegiate Precision Military Rifle Drill Team............................................................SR 697 Introduced in Senate .........................................................................................................................................Page 1501
NORTH GWINNETT HIGH SCHOOL CHEERLEADING TEAM; commend .................................SR 682
NOTARIES PUBLIC Petitions Relative Elections; signers, circulator disqualification....................................................................SB 85 Petitions Relative to Election Laws; notary signature restrictions................................................................... SB 6
NU-WAY WEINERS, INC. OF MACON; commend...................................................................................SR 609
NUCLEAR FUEL SHIPMENTS; urge countermeasures to prevent terrorism and sabotage risks.......SR 517
NUDITY; Nude Dancing Clubs; location restrictions; distance requirements............................................SB 321
NUISANCES Abatement of Nuisances; service of documents; certified mail or statutory overnight delivery.............SB 436 Abatement of Unlawful Junkyards; notices by certified mail or statutory overnight delivery................SB 436 Local Government Code Enforcement Boards Act ............................................................HB 591 Local Government Code Enforcement Boards Act ...........................................................HB 1206
NURSES Acting in Good Faith Upon Drug Prescription Order by Psychologists......................................................SB 157 Administration of Drugs Ordered by Certified Psychologists.......................................................................SB 202 Advanced Practice Registered Nurses; prescriptive authority......................................................................HB 784 Licensed Practical; require identifying 'LPN' name tags...............................................................................HB 206 Registered Professional Nurse Day; recognizing.............................................................................................SR 485 School Health Nurse Programs; staffing by licensed professionals..........................................................HB 1187 Volunteers in Health Care Specialties Act; special licenses.......................................................................HB 1352

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2749

NURSING AND PERSONAL CARE HOMES Assisted Living Facilities; regulate; licensure; staffing; levels of care; replace personal care homes...SB 131 Care of the Terminally Ill; pain management; Advisory Committee on........................................................SB 38 Certificate of Need for Long-term Care Facilities Study Committee...........................................................SR 613 Disabled Adults, Elder Persons and Vulnerable Adults Protection Act.....................................................HB 863 Freestanding Skilled Nursing Facility With Independent or Assisted Living Units; development
by home health agencies.....................................................................................................................................SB 75 Georgia War Veterans Home; committee to evaluate privatization.............................................................SR 244 Long-Term Care Service Staffing; joint committee to study........................................................................HR 850 Long-term Care Services, Consumer Centered System for Access to.........................................................SB 144 Vulnerable Adults Unable to Report Abuse; caretaker violations...............................................................HB 863

O
OBESITY Health Complications; request study by Division of Public Health.............................................................SR 206 Obesity Awareness Month; declaring ................................................................................................................SR 207

OBSCENITY; Offense of Obscene Telephone Contact With a Child; penalties.......................................HB 712
OBY, MICHAEL R.; University System Academic Scholar.........................................................................SR 723 OCONEE COUNTY; Magistrate Court; appointment of new chief magistrate......................................HB 1435
OCONEE COUNTY HIGH SCHOOL; commend........................................................................................SR 574
OCONEE COUNTY HIGH SCHOOL FOOTBALL TEAM; commend................................................SR 419 OFFENDER REHABILITATION (See Corrections)
OFFERMAN, CITY OF; Mayor and Council; election; terms of office..................................................HB 1689
OFFICE OF PLANNING AND BUDGET Director; ex officio member of Georgia Ports Authority...............................................................................SB 435 Revenue Collections; state surplus; revenue shortfall reserve amount.....................................................HB 1671
OFFICE OF TREASURY AND FISCAL SERVICES Authority; Investment of Public Funds...........................................................................................................HB 1508 Receipt of Certain Revenue; deposited within 30 days of receipt................................................................HB 222 OFFICIAL CODE OF GEORGIA (See Code of Georgia)
OGLESBY, ROSS; 4-H Leadership; commend ...............................................................................................SR 445
OGLETHORPE COUNTY; Board of Commissioners; chairperson; compensation ............................HB 1700 OLD GOVERNOR'S MANSION, HISTORIC PRESERVATION STEWARDSHIP POLICY
Joint Committee to Study.................................................................................................................................SR 783 OLIVER, REVEREND CRAIG L.; commend...............................................................................................SR 801
ONE-GEORGIA AUTHORITY ACT; enact. ................................................................................................SB 398

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2750

JOURNAL OF THE SENATE

OPTOMETRISTS Licensure; continuing education; prescription authority...............................................................................HB 577 Practitioners Who May Administer Driver's License Vision Tests..............................................................SB 232 Therapeutically Licensed; authority to prescribe corrective agents...............................................................SB 16
ORGANIC FOOD AND FEED; Georgia Organic Certification and Labeling Act..................................SB 477
ORR, JOHN WILLIAM JR.; name Memorial Highway to honor; Barrow County.............................HR 1207
OSTEOPATH PRACTITIONERS; Who May Administer Driver License Vision Tests......................SB 232
OVERBY, HOWARD T.; name National Guard Armory in Gainesville to honor. ...............................HR 1008

P
PAPEL, KATRINA; Georgia Watermelon Queen; commend.......................................................................SR 555
PARAMEDICS (See Emergency Medical Services)
PARDONS AND PAROLES (Also See Probation, Corrections or Inmates) Board Members, Parole Officers; voter registration records; confidentiality of residence addresses....SB 503 Crimes Involving Injury or Death of a Law Enforcement Officer, Firefighter or EMS Technician;
No parole or early release. ................................................................................................................................SB 120 Parole Conditions; uncompensated work with community service agency................................................SB 357 Probationers Convicted Crimes Against Children; supervision time. ..........................................................SB 126 Serious Felony Crimes; restrict sentence-reducing measures or parole.........................................................SB 11 Serious Violent Felonies; Hard Time for Violent Felons Act; no parole or early release. .......................SB 476
PARENT AND CHILD (Also See Domestic Relations or Minors) Abandoned Newborn Babies; Safe Place for Newborns Act......................................................................HB 1365 Child Custody Actions; participation of great-grandparents .........................................................................SB 137 Child Custody; non-custodial parent visitation guidelines.............................................................................SB 402 Child Custody; non-custodial parent visitation; urge new guidelines..........................................................SR 786 Criminal Negligence; allowing Minor obtain access to certain guns...........................................................SB 308 Education of Children; compliance; alternative school programs...............................................................HB 114 Family Violence Battery; enhanced penalty; punishment..............................................................................SB 481 Income Tax Credit; expenses of driver education for minor children.......................................................HB 1532 Inheritance from Children Born Out of Wedlock; paternal kin....................................................................HB 366 Jury Duty; excuses, deferrals; primary caregivers of child care..................................................................... HB 39 Jury Service; excuse certain parents, guardians from juror service. ...............................................................SB 31 Juveniles Proceedings; reorganization of OCGA Title 15, Chapter 11.....................................................HB 1112 Marriage; minors; parental consent; remove pregnancy exemption...............................................................SB 18 Paternity Orders; effect of establishing legitimacy of a child..........................................................................SB 96 Student Disciplinary Hearings to Impose Suspension....................................................................................SB 132 Summons and Rights of Biological Fathers; delivery of notices..................................................................SB 436 Telephone or Electronic Communications; interception or recording.........................................................SB 414 Telephonic or Electronic Communications; monitoring or intercepting conversations of child.............SB 387
PARKING LOTS, GARAGES AND SPACES Handicap Parking Laws; enforcement; appointment of certain persons........................................................SB 53 Parking for Disabled Persons With Ambulatory Limitations; permits........................................................HB 496
PARKS AND RECREATION International Horse Park Used Olympic Games; redevelopment...............................................................HB 1291 Land, Water, Wildlife and Recreation Heritage Fund; create............................................................................ SB 4

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2751

PARKS AND RECREATION (Continued) Local Grants; special Land, Water, Wildlife and Recreation Fund.................................................................. SR 4 Official Gardens and Nature Centers of Georgia; designate.......................................................................HB 1322 Penalty for Drug Trafficking or Possession Within Vicinity........................................................................HB 649 Ski Area Operators; ski lifts; snow skiing safety requirements....................................................................HB 517 State Owned Property; prohibit name for any living elected official. ..........................................................SB 183 Stone Mountain Park; exercise of police powers; employ officers..............................................................HB 449
PARKS, STEVEN L. Deputy Commissioner of Georgia DOT; recognizing..................................................................................HR 1149 Recognizing............................................................................................................................................................SR 625
PARKVIEW HIGH SCHOOL BOYS' SWIM TEAM, STATE CHAMPIONSHIP; commend ......SR 641
PATEL, PAYAL MANU; University System Academic Scholar.................................................................SR 719
PATERNITY ORDERS; effect of establishing legitimacy of a child............................................................SB 96
PATIENTS (Also See Medical or Health Care or Insurance) Mental Health Disability Services; complaints, conditions; ombudsman on behalf of recipients..........SB 479 Patient and Provider Health Care Relief Act..Prefiled........................................................................................ SB 2
PAUL, BILL; honoring 100th Birthday .............................................................................................................SR 566
PAUL, BISHOP EARL; commend ....................................................................................................................SR 599
PAULDING COUNTY Designate; Foster Family Bridge; City of Dallas ...............................................................................................SR 42 Designate; Herman H. Watson Memorial Bridge on U.S 278.........................................................................SR 41 Superior Court; additional judge......................................................................................................................HB 1425 Travis Tritt Highway; designate Ga. Highway 92. .........................................................................................HR 849 Youth Leadership; recognize ............................................................................................................................Page 190
PAULK, ARCHBISHOP EARL; commend....................................................................................................SR 673
PAWNBROKERS Pawn Transactions; excessive interest clarification.........................................................................................SB 348 Regulation of Pawn Transactions; delivery of notices....................................................................................SB 436
PEACE OFFICERS (Also See Law Enforcement) Annuity and Benefit Fund; membership; county jail officers........................................................................SB 268 Annuity and Benefit Fund; retirees; reemployment and benefits.................................................................HB 799 Assault or Battery Upon County Jail Officers; punishment...........................................................................SB 446 Complaints Against; right of officer to certain information...........................................................................SB 142 County Jail Personnel; certified officers; arrest powers.................................................................................SB 445 Firearms; State Brady Law Regulations; background checks....................................................................HB 1392 Forfeiture Proceedings Under RICO Act; division of net proceeds.............................................................SB 413 Offenses Alleged in Performance of Duties; warrants for arrest..................................................................HB 259 Peace Officer Standards and Training Council; recognition..........................................................................SR 461 Police Chiefs and Heads of Law Enforcement Agencies Recognition Day................................................SR 460 School Security Personnel; law enforcement; carrying firearms...................................................................SB 152 Stone Mountain Memorial Association; exercise of police powers.............................................................HB 449 Traffic Law Enforcement Officers; identifiable uniforms, blue vehicle lights.......................................HB 1534 Vehicles Left Unattended on Public Roads or Property; removal.................................................................SB 405
PEACH COUNTY; Board of Education; members; compensation...........................................................HB 1703

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JOURNAL OF THE SENATE

PEACH FESTIVAL, GEORGIA; commend ..................................................................................................SR 510
PEANUTS Peanut Growers; urge federal funds to offset peanut program losses..........................................................SR 478 Peanut Producers Association of Georgia; recognize......................................................................................SR 531
PEDESTRIANS Road Building Guidelines to Accommodate Pedestrian Traffic.................................................................HR 1051 Roadways; painted pedestrian crosswalks; driver required to stop..............................................................SB 359
PELL, JACLYN RUTH; commend ...................................................................................................................SR 552
PENAL INSTITUTIONS (See Corrections)
PENDLEY, DEWEY; Designate Bridge on Highway 92, Hiram, to Honor...............................................SR 235
PENTECOSTAL CHURCHES OF THE APOSTOLIC FAITH INC.; commend...............................SR 654
PERRY, CITY OF Corporate Limits; annex certain territory in Houston and Peach counties...............................................HB 1707 Property Conveyance; easement for utility facilities.......................................................................................SR 504
PERRY, PAM; commend .....................................................................................................................................SR 605
PERRY, STUART; Mental Health Initiatives; commend...............................................................................SR 486
PERSONAL CARE HOMES (Also See Nursing Homes or Health Care Facilities or Elderly) Long-term Care Services; consumer access.....................................................................................................SB 144 Pain Management; care of the terminally ill; Advisory Committee. ..............................................................SB 38 Replace With New Category of Assisted Living Facilities; regulate. ..........................................................SB 131 Vulnerable Adults Unable to Report Abuse; caretaker violations...............................................................HB 863
PERSONS AND THEIR RIGHTS Crimes Against Victims Intentionally Selected Because of Bias or Prejudice; punishment...............SB 390 Police Officers; stopping vehicles; factual basis of violation........................................................................SB 376 Race, Gender, Religion, Origin, Disability, Sexual Orientation; criminal acts against............................SB 153 Rented Dwellings; occupancy restrictions; number of persons....................................................................SB 537
PETROLEUM PRODUCTS (See Gasoline)
PHARMACISTS, PHARMACIES Antibiotics; inappropriate prescribing; CDC recommendations...................................................................SR 509 Controlled Substances; prescription drug authority; psychologists..............................................................SB 202 Licensees; standards; dispensing prescriptions issued by out-of-state practitioners; dispensing drugs
at certain facilities..............................................................................................................................................SB 373 Patient Medical Information; confidentiality; insurer restrictions...............................................................HB 819 Pharmacists Performing Blood Tests to Monitor Patient Disease Risk. ...................................................HB 1234 Pharmacy Assistance Program for Low-income, Elderly Citizens; create..................................................SB 515 Prescription Authority; therapeutically licensed Optometrists........................................................................SB 16 Prescription Drug Containers; label when generic drug substituted...........................................................HR 417 Prescription Medications; original language in this bill removed 2000 Session.......................................HB 271 Prescription Products Shipped Into State; Therapeutic Index Drugs...........................................................SB 239 Prescriptive Authority; advanced practice registered nurses........................................................................HB 784 Psychiatric Medication of School-Age Children; study commission........................................................HR 1079 Scope of Practice; drug therapy management; qualifications; conditions................................................HB 1447

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2753

PHOTOGRAPHY Invasion of Privacy; unlawful use of cameras, photographic or video equipment in any private place.SB 316 Recorded images; Traffic-Control Signal Monitoring Devices.....................................................................SB 123
PHYSICAL THERAPY AND PHYSIOTHERAPY; Scope of Practice; definitions...............................SB 25
PHYSICIANS (Also See Medical Practice or Professions or Health) Abortion Procedures; Woman's Right to Know; informed consent law. .....................................................SB 125 Board for Physician Workforce; employment of administrative staff.......................................................HB 1411 Care of the Terminally Ill; pain management; advisory committee. ..............................................................SB 38 Chiropractors; acts or omissions being investigated; disclosure...................................................................SB 483 Chiropractors; violations; changes in disciplinary sanctions.........................................................................SB 513 Collaborating Physicians and Advanced Practice Registered Nurses; prescriptive authority.................HB 784 Delegating Authority to Pharmacists to Modify Drug Therapy.................................................................HB 1447 Health Care Practitioners; centralized credentialing ....................................................................................HB 1038 Health Care Profession, Occupations; scope of practice; study issue..........................................................SR 123 Legislation Proposing Changing Scope of Practice; review procedures....................................................HB 586 Malpractice Damage Actions; expert witnesses; qualifications....................................................................SB 345 Optometrists; therapeutically licensed; prescription authority........................................................................SB 16 Ovarian Cancer Detection and Prevention; promote education....................................................................SR 571 Patients; hospital medical records; duty of attending practitioner. ...............................................................SB 172 Pharmacy Assistance Program for Low-income, Elderly Citizens; create..................................................SB 515 Physical Therapy and Physiotherapy; scope of practice...................................................................................SB 25 Physician Treating a Child May Take Temporary Protective Custody; belief child's life in danger......SB 315 Practitioners Who May Administer Driver's License Vision Tests..............................................................SB 232 Preferred Provider Arrangements; negotiations; enrollee disclosures.........................................................SB 432 Radiation Therapy Performed in Office; exclude certificate of need...........................................................SB 171 Radiation Therapy Performed in Office; exempt certificate of need............................................................SB 185 Retirees; special licensing; Volunteer in Medicine Health Care Act...........................................................HB 146 Rural Areas; non-emergency transportation services; contracts.....................................................................SB 89 Rural Health Care; participating providers; HMO consideration..................................................................SB 334 Therapists; communicating threats of violence made by patient to potential victims or police ..............SB 495 Utilization of Acupuncturists Practicing Drug Abuse Detoxification............................................................SB 86
PICKENS COUNTY; Designate; James T. Williams Intersection............................................................HR 1059
PIERCE COUNTY Ad Valorem; school district taxes; homestead exemption..............................................................................SB 523 Ad Valorem; school district taxes; homestead exemption; assessed value..............................................HB 1670 Ad Valorem Taxes; homestead exemption; assessed value........................................................................HB 1666 Ad Valorem Taxes; homestead exemption; assessed value...........................................................................SB 522 Board of Commissioners; chairperson; compensation.................................................................................HB 1688 Designate; Fluis and Frances Lairsey Intersection; Ga. Hwy 38................................................................HR 1188 State Court; judge and solicitor-general; compensation; expenses...............................................................SB 521
PIKE COUNTY Property Conveyance; easement; Plantation Pipe Line Company................................................................SR 516 Water and Sewerage Authority; create...........................................................................................................HB 1622
PINEWOOD CHRISTIAN ACADEMY JUNIOR VARSITY CHEERLEADERS; commend........SR 587
PINKSTON, FRANK; elected State Transportation Board ........................................................................Page 118
PISTOLS (See Firearms and Guns)
PLANNING COMMISSIONS (See Authorities or Development Authorities)

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JOURNAL OF THE SENATE

PLANTATION PIPE LINE COMPANY; Property Easements; certain river bottoms..........................SR 516
PLUMMER, ANNIE ONETA; in remembrance of........................................................................................SR 780
PODIATRISTS; Volunteers in Health Care Specialties Act; retirees; special licenses .........................HB 1352
POLICE OFFICERS, AGENCIES (Also See Law Enforcement) Compensation for Line of Duty Injuries and Disabilities...............................................................................SR 204 Complaints Against; non-criminal investigations; procedures......................................................................SB 142 Criminal History Record Repository; compliance National Crime Prevention and Privacy Compact..SB 118 Fleeing or Attempting to Elude a Police Officer; punishment.......................................................................SB 175 Identifiable Similar Uniforms; Blue Lights on Top of Vehicles................................................................HB 1534 Local Law Enforcement Salaries, Benefits; urge review and studies..........................................................SR 769 Obstruction of a Peace Officer; unlawful to remove or attempt to remove their weapons.....................HB 905 Peace Officers Benefit Fund; retirees; benefits after reemployment...........................................................HB 799 Police Chiefs and Heads of Law Enforcement Agencies Recognition Day................................................SR 460 Stopping Vehicles; violation must be based on specific facts.......................................................................SB 376 Traffic-Control Signal Monitoring Devices; recorded images; permits......................................................SB 123 Vehicles Left Unattended on Public Roads or Property; removal.................................................................SB 405
POLK COUNTY; Superior Court; additional judge.....................................................................................HB 1425
POLLUTION CONTROL Air Pollution; power plants and equipment; engineer in charge. ..................................................................SB 531 Air Pollution; regulations of Board of Natural Resources; cost benefit analysis.......................................SB 311 Air Quality; high growth areas; State Tree Protection Law. .........................................................................HB 557 Air Quality; non-attainment areas; auto exhaust emissions inspection, testing......................................HB 1423 Air Quality; odorous gases, vapors; animal matter processing plants........................................................HB 650 Environmental Protection Division; pending applications; period of time must act on............................SB 327 Motor Vehicle Emissions; biennial inspections...............................................................................................SB 313 Reduce Auto Emissions by Allowing State Employees to Telecommute. ..................................................SB 305 Wastewater Treatment Facility Bypasses; sewer connection moratorium. .................................................SB 121 Water Pollutant Discharges; monitoring schedules; documentation............................................................SB 473 Water Quality; Aquatic Habitat; land-disturbing activity; protective buffers; soil erosion controls...HB 1426 Water Quality; Lake Sidney Lanier Watershed Governance Council Act...............................................HB 1562 Water Quality Rules Affecting Agriculture; Advisory Committee. ..........................................................HB 1182
POOLER, CITY OF Ad valorem; municipal taxes; homestead exemption...................................................................................HB 1501 Corporate Limits; extend and annex certain land; referendum. ....................................................................HB 977
POPULATION BILLS Cities of 300,000 or More; State Court penalties for jails; compensation of judges..............................HB 1372 Counties of 100,000 or More; annexation method; repeal a limitation.....................................................HB 1439 Counties of 300,000 or More; opening and counting absentee ballots........................................................SB 527 Counties of 400,000 or Less; taxicab self-insurers exception.......................................................................HB 809 Counties of 600,000 or More; appointment of court personnel.....................................................................SB 501 Counties of 600,000 or More; repeal Act fixing salaries of certain judges..............................................HB 1541 Municipalities of 400,000 or More; ad valorem property assessments; adjustments; appeals................SB 309
PORT WENTWORTH, CITY OF; Ad Valorem taxes; homestead exemption.....................................HB 1506
PORTER, CANDACE N.; University System Academic Scholar...............................................................SR 728
PORTERDALE, TOWN OF; new charter. ...................................................................................................HB 1730

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2755

PORTS AUTHORITY, GEORGIA Additional Members; appointments; terms; officers; quorum. ......................................................................SB 435 Income Tax Credit; businesses manufacturing cigarettes for foreign export...........................................HB 1455 Port and Harbor Facilities; use of special county 1% sales tax proceeds.................................................HB 1303
POULTRY PRODUCTS Animal Agriculture and Contribution to State Economy; commend............................................................SR 761 Sales Tax; exemption; petroleum gas or fuel used in poultry structures..................................................HB 1236 Water Quality Rules Affecting Agriculture; Advisory Committee on......................................................HB 1180
PRATER'S MILL PARKWAY; designate in Varnell Community, Whitfield County........................HR 1046
PRECIOUS METALS; gold, silver or platinum bullion; sales tax exemption........................................HB 1210
PREFILED LEGISLATION Ad Valorem Taxes; exemption; trade tools of manual workers..................................................................... HB 20 Drivers' Licenses, Permits; young drivers; minimum age; restrictions........................................................SB 293 Election Returns Divided by Precincts; electronic format to Secretary of State .....................................HB 1113 Georgia Mentoring Act of 2000; enact..............................................................................................................SB 290 Gwinnett County; Ad Valorem; school taxes; homestead exemption.........................................................SB 291 Gwinnett County; Ad Valorem Taxes; homestead exemption......................................................................SB 292 Health Insurers; Patient and Provider Health Care Relief Act........................................................................... SB 2 Juveniles Proceedings; reorganization of OCGA Title 15, Chapter 11.....................................................HB 1112
PREGNANCY; Minors; who may marry; parental consent; no exemption for pregnancy........................SB 18
PRESCRIPTION MEDICATIONS (See Pharmacists or Health or Drugs)
PRISONS (See Corrections)
PRIVACY RIGHTS Electronic Surveillance, Interception of Communications or Monitoring Persons; Conditions..........HB 1576 Individuals Who Participate in Medical Research Studies.............................................................................SB 168 Personnel Files; certain personal data not subject to disclosure......................................................................SB 21 Telephonic or Electronic Conversations; parents concerned child may be victim of criminal conduct;
Admissible recordings.......................................................................................................................................SB 387 Unlawful Invasions of Privacy; revise and clarify such crimes.....................................................................SB 316
PRIVATIZATION OF GOVERNMENTAL SERVICES Contracts by Executive Branch; specify conditions; employees...................................................................SB 271 Corrections; Detention Facilities; housing out-of-state prisoners................................................................HB 456 County, Municipal Water and Waste-water systems; leases; contracts.......................................................SB 448 Georgia Agricultural Facilities Authority; financing of projects..................................................................SB 251 Georgia War Veterans Home; committee to evaluate privatization.............................................................SR 244 Housing Authorities; creation of subsidiary business corporations; loans...............................................HB 1419 Privately Owned Prisons; sales, products produced by inmates; professional counselor licensing........SB 417 Privatization of Certain School Services; contracts; criteria..........................................................................SB 198 Water Management and Allocation; Joint Committee to Study....................................................................SR 175
PRIVILEGED COMMUNICATIONS; Evidence; confidentiality; science, medical research data. ...SB 168
PROBATE COURTS Applications, Actions, Documents; certified mail or statutory overnight delivery....................................SB 436 Descent and Distribution; Estates; property owned by intestate decedent...............................................HB 1204 Guardians; effect on durable powers of attorney for health care..................................................................HB 416 Guardians; temporary guardians of minors; dissolution; objections...........................................................HB 414

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2756

JOURNAL OF THE SENATE

PROBATE COURTS (Continued) Inheritance; paternal kin of child born out of wedlock. .................................................................................HB 366 Interest from Cash Bonds; remit to Indigent Defense Council...................................................................HB 1157 Judges Retirement Fund; benefits; retirees reemployed as a judge. ............................................................HB 453 Judges Retirement Fund; membership dues; discontinue after paying 20 years; arrears.......................HB 1089 Judges Serving as Election Superintendents; nonpartisan elections...............................................................SB 79 Marriage; minors; parental consent; no exemption for pregnancy.................................................................SB 18 Office of Senior Judge; provide.......................................................................................................................HB 1158 Probate Code; unrepresented estates; temporary administrator.......................................................................SB 97 Standard Forms to be Used in Proceedings; Supreme Court adopt rules governing..............................HB 1428 Wills, Trusts, Estates; amend Revised Probate Code of 1998. .....................................................................HB 366
PROBATION Conditions; DUI Violators; repeat offenders; restricted licenses..............................................................HB 1458 Contracts for Probation Services; termination subject to approval...............................................................SB 357 Fayette County Juvenile Court Probation Services; transfer to state system...........................................HB 1708 Firearms Possession Penalties; convicted felons, first offender probationers.........................................HB 1522 Inmates; violations; earned time allowances not automatic. ..........................................................................SB 429 Misdemeanor Defendants; probated or suspended sentences; supervision.................................................SB 474 Obstruction of Supervising Officers; unlawful to remove or attempt to remove their weapons............HB 905 Offense of Possession of a Firearm by a First Offender Probationer. ..........................................................SB 466 Private Service Providers; prohibitions; Ignition Interlock Devices, Centers..........................................HB 1458 Privatized Service Contracts; termination......................................................................................................HB 1414 Probationers Convicted Crimes Against Children; supervision time. ..........................................................SB 126 Serious Felony Crimes; restrict sentence-reducing measures or parole.........................................................SB 11
PROFESSIONS AND BUSINESSES (Also See Commerce and Trade) Acupuncture Practice Act; licensing of persons to practice..........................................................................HB 814 Architects and Interior Designers, State Board of; creation...........................................................................SB 350 Athlete Agent Regulations; prohibited acts; recovery of damages to colleges........................................HB 1323 Auricular Acupuncturists; certification; drug abuse detoxification................................................................SB 86 Bondsmen; fees of sureties; amount may charge on criminal bonds..........................................................HB 337 Brokerage Relationships in Real Estate Transactions Act; revise. ...............................................................SB 425 Cemetery and Funeral Services Act of 2000; enact......................................................................................HB 1609 Charitable Solicitors and Agents; regulate persons who solicit funds for charitable organizations......SB 499 Chiropractors Subject to Investigation; disclosure of documents.................................................................SB 483 Chiropractors; violations; changes in disciplinary sanctions.........................................................................SB 513 Commercial Fishermen; sales tax exemption; diesel fuel to operate boats..............................................HB 1582 Conditioned Air Contractors; unlicensed persons; unlawful actions..........................................................HB 816 Construction Industry; licensing; underground utilities; landfills.................................................................SB 350 Dental Hygienists; licensure; qualification; education ..................................................................................HB 634 Driver Training Courses in Secondary Schools; requirement exemption....................................................SB 447 Driver Training School License Act; exception to licensing.........................................................................SB 528 Driver Training Schools and Instructors; applicable regulations.................................................................HB 343 Engineers and Land Surveyors; state board; increase membership..............................................................SB 430 Engineers, Professional; inspection services for code compliance..............................................................HB 151 Financial; licensing check-cashers, mortgage lenders, brokers; criminal background checks.............HB 1231 Forestry Management; lands owned in fee simple or as life tenant.............................................................HB 112 Geologists; soil classifier; site evaluation on-site sewage systems.................................................................SB 30 Health Care Practitioners; centralized credentialing ....................................................................................HB 1038 Health Care Profession, Occupations; scope of practice; study issue..........................................................SR 123 Health Care Professionals; proposed legislation changing scope of practice; review procedures.........HB 586 Health Care Specialty Volunteer Services; special licenses .......................................................................HB 1352 Hypnotism; practicing without a license; this Senate Amendment Withdrawn.........................................HB 271 Laws, Regulations, Proceedings; delivery of notices......................................................................................SB 436 Mental Health Therapists; licensure; state board membership......................................................................SB 249

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2757

PROFESSIONS AND BUSINESSES (Continued) Mental Health Therapy Specialty; licensure; business name titles..............................................................HB 271 Motor Vehicle Emission Inspection Stations; certificates; licenses..........................................................HB 1423 Nurses; advanced practice registered nurses; prescriptive authority...........................................................HB 784 Nurses; licensed practical; require identifying 'LPN' name tags..................................................................HB 206 Nurses, Registered; surgical care; reimbursement for services.......................................................................SB 58 Occupations of Cosmetology, Skin or Nail Care, Beauty Salons; regulate. .................................................SB 95 Optometrists; continuing education; authority to prescribe drugs...............................................................HB 577 Optometrists; therapeutically licensed; prescription authority........................................................................SB 16 Pharmacists Performing Blood Tests to Facilitate Patient Care.................................................................HB 1234 Pharmacists, Pharmacy Owners; licenses; scope of practice.........................................................................SB 373 Pharmacists; scope of practice; drug therapy management.........................................................................HB 1447 Physical Therapy and Physiotherapy; scope of practice...................................................................................SB 25 Physicians, Retired; special license to practice volunteer services..............................................................HB 146 Power Engineers; create state board to regulate and license..........................................................................SB 531 Preneed Funeral Services; deposits of proceeds received..............................................................................SB 431 Private Detective, Security Businesses; licenses; qualifications..................................................................HB 326 Professional Counseling in Privately Owned Correctional Facilities...........................................................SB 516 Professional Counselors; employees of private prisons; licensing...............................................................SB 417 Professional Counselors, Social Workers, Marriage and Family Therapists; licensure;
Specialty panels on state board.......................................................................................................................SB 457 Professional Engineers Over Age 70; license renewal; waivers......................................................................SB 22 Professional Licensing Boards Division within Office of Secretary of State Created;
Rename state examining boards....................................................................................................................HB 734 Professional Malpractice; actions for damages; expert witnesses................................................................SB 345 Psychologists; acts or omissions investigated by state board........................................................................SB 391 Psychologists; certified providers; authority to prescribe drugs...................................................................SB 202 Psychologists Certified to Prescribe Drugs for Treatment Purposes............................................................SB 157 Real Estate Appraisers; applicants; licensing; sanctions................................................................................SB 350 Real Estate Appraisers, Salespersons; applicants, licensees; criminal history; violations
involving accounts; sanctions......................................................................................................................HB 1151 Real Estate Brokers, Salespersons; applicants; licensees; violations...........................................................SB 350 Regulatory Examining Boards; members; state residency requirement......................................................HB 351 Renal Disease Treatment; kidney dialysis clinic; licenses; training............................................................HB 646 Ski Area Operators; ski lifts; snow skiing safety requirements....................................................................HB 517 Telemarketing Sales Solicitors; identify business name, telephone, address; prohibit electronic
blocking of caller ID........................................................................................................................................HB 542 Telephone Solicitors; violation; conceals or misrepresents identity or number......................................HB 1492 Therapists; tort immunity; communicating threats of violence made by patient to potential
victims or law enforcement .............................................................................................................................SB 495 Ticket Brokers Reselling Tickets of Admission; regulation.........................................................................HB 331 Utility Contractors; licensing; sewage treatment systems; engineers may perform soil evaluations ....HB 846 Wastewater Treatment Plant Class IV Operators, Laboratory Analysts; certification; examinations....SB 333 Water and Wastewater Treatment Plant Operators and Lab Analysts, State Board. .............................HB 1251
PROMOTIONAL OFFERS; unfair practices; requiring payment of fees................................................HB 467
PROPERTIES COMMISSION (See Property Conveyances or State Government)
PROPERTY Ad Valorem; conservation use property; family farm entities....................................................................HB 1217 Ad Valorem; county school tax collections; distribution of moneys..........................................................HB 518 Ad Valorem; exemption; farm equipment used by family owned farms..................................................HB 1416 Ad Valorem; exemption; historical fraternal benefit associations................................................................SB 233 Ad Valorem; filing tax returns; oaths; false swearing; digital signatures.................................................HB 1265 Ad Valorem; homestead exemption; clarify maximum amount granted disabled veterans....................HB 684

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2758

JOURNAL OF THE SENATE

PROPERTY (Continued) Ad Valorem; mobile homes; location permits; dealer returns......................................................................HB 623 Ad Valorem; municipal taxes; homestead tax deferral for the elderly......................................................HB 1178 Ad Valorem; preferential assessments of historic property, trees..............................................................HB 1118 Ad Valorem; state taxes; eliminate levy on tangible property.......................................................................SR 158 Ad Valorem; tax assessment digest; calculation standards...........................................................................HB 523 Ad Valorem; tax assessment; uniform adjustments; appeals; cities in more than one county.................SB 309 Ad Valorem; tax digest; valuation of motor vehicles, mobile homes.........................................................HB 167 Ad Valorem Tax Digests; assessments under appeal or arbitration..............................................................SB 340 Ad Valorem Tax Exemption; property of Elks Lodges; state-wide referendum.....................................HB 1247 Ad Valorem; tax returns; trade, corporate, business owner names...............................................................SB 189 Ad Valorem Tax; setting of Millage Rates; digest review compliance.......................................................HB 939 Ad Valorem Taxation of Marine Vessels; classification for tax purposes; amend Constitution.............SR 580 Ad Valorem Taxation of Marine Vessels; separate class of property..........................................................SB 471 Ad Valorem Taxes; allotment of state homeowner tax relief funds to counties and school districts..HB 1403 Ad Valorem Taxes; allotment of state homeowner tax relief grants; increase........................................HB 1487 Bankruptcy Exemption; intestate insolvent estates; property owned jointly by both spouses ................HB 703 Banks and Lending Institutions; license to sell insurance.............................................................................HB 656 Boat and Motor Title and Ad Valorem Taxation Study Committee.............................................................SR 569 Brokerage Relationships in Real Estate Transactions Act; revise. ...............................................................SB 425 Cemetery and Funeral Services Act of 2000; enact......................................................................................HB 1609 Charitable Gift Annuities of Cash or Property; disclosures; notices............................................................SB 300 Condominium Conversions; notices required to be delivered to tenant......................................................SB 436 Covenants Restricting Land Use Affecting Planned Subdivisions...............................................................SB 221 Crimes Against Persons Because of Race, Gender, Religion, Origin, Disability, Sexual Orientation...SB 153 Crimes Against Victims Selected Because of Bias or Prejudice...................................................................SB 390 Criminal Damage to Property; family violence; enhanced penalty..............................................................SB 481 Dangerous Dogs; owner requirements; amount of liability insurance........................................................HB 935 Easements of Soil and Water Conservation Districts; not liable certain losses.......................................HB 1464 Eminent Domain; actions causing reduction in value; owner's rights..........................................................SB 478 Eminent Domain Powers; taking procedures; certain utilities; prior consent of governing authority....SB 343 Eminent Domain; special purpose; property acquired for sewage treatment and disposal purposes.....SB 339 Engineers Over Age 70; license renewal; education waivers..........................................................................SB 22 Estates; descent and distribution; property owned by intestate decedent.................................................HB 1204 Estates; property set aside for year's support; taxes, liens.............................................................................HB 366 Farmers' Mutual Fire Insurance Companies; maximum risk amounts...........................................................SB 37 Fire and Other Hazards; noncompliance with regulations; citations for noncompliance............................SB 73 Forestry Management; lands owned in fee simple or as a life tenant..........................................................HB 112 Forfeiture; illegal drugs; Medicaid fraud; service of complaint...................................................................HB 708 Garnishments Covering Properties Acquired Until All Debts Satisfied........................................................SB 19 Georgia Cemetery and Funeral Services Act of 2000; registration, trust funds, escrow accounts.........SB 462 Georgia Land Sales Act; delivery of documentation.......................................................................................SB 436 Historic Places, Districts; use of radar speed detection devices...................................................................HB 865 Historic Preservation Districts; easements; conservation districts..............................................................HB 509 Homestead Option Sales Tax; proceeds; change funding purposes.............................................................SB 306 Housing Authority Property; prohibit sales of alcoholic beverages.............................................................SB 485 Insurance; covered major appliance repairs; surety bonds; contracts.....................................................HB 1381 Insurance; requirements not applicable to heavy equipment dealers.........................................................HB 1219 Landlord and Tenant; civil actions in Magistrate Court; name of obligee. ..............................................HB 1326 Landlords; Mobile Home Parks; prohibit retaliatory tenant evictions.........................................................SB 512 Landlords; tenant complaints relating to code violations...............................................................................SB 404 Liens; expedited cancellation of certain nonconforming liens...................................................................HB 1601 Liens; mortgages or conveyances; cancellation of instruments...................................................................HB 429 Liens, Tax; transfers; creation of security interests; notices..........................................................................SB 169 Local Government Code Enforcement Boards Act; violators; liens.........................................................HB 1206 Mortgages and Security Deeds; notices to holder of instruments.................................................................SB 436

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2759

PROPERTY (Continued) Official Gardens and Nature Centers of Georgia; designate.......................................................................HB 1322 Owners of Category I Dams; establish certain fees........................................................................................HB 564 Pawn Transactions; excessive interest clarification.........................................................................................SB 348 Perpetrator of Crime Assumes Risk of Loss, Injury or Death.......................................................................SB 303 Petitions Seeking Easement of Private Way; manner of service..................................................................HB 708 Property Investment Protections Relative to Eminent Domain.....................................................................SB 478 Property Owners' Associations; delivery of notices relating to liens...........................................................SB 436 Public; state; naming for living elected public official; prohibit...................................................................SB 183 Real Estate Appraisers; licensees; disciplinary sanctions...........................................................................HB 1151 Real Estate Records; computerized indices; public printed copies..............................................................HB 597 Recovery of Damages to Dwellings Due to Synthetic Exterior Siding; time limits; 'Stucco Bill'.........HB 837 Rented Dwellings; occupancy restrictions; number of persons....................................................................SB 537 Repossessors of Motor Vehicles; delivery of notices......................................................................................SB 436 Residential; ad valorem taxation; freeze appraisal value until sold..............................................................SR 110 Self-service Storage Rental Agreements; occupant default of payment; enforcement of liens..............HB 817 State Buildings; Georgia Art Policy Committee, Subcommittees.............................................................HB 1197 Tax Assessors; county board members; removal for cause; vacancies.....................................................HB 1224 Tax Assessors; county boards; appraisal staff; performance review; grounds for removal;
Civil service positions....................................................................................................................................HB 1296 Tax Executions; description of property being sold; advertisements; removal of clouds on
title following tax sale. ...................................................................................................................................HB 1354 Tax Executions; disputed Ad Valorem Tax Obligations................................................................................SB 352 Tax Executions; party paying the execution; transfer of executions............................................................SB 169 Tax Foreclosure Sales; judicial orders; easements, rights of way.................................................................. HB 36 Timber; trespassers; timber cut and carried away; amount of damages.......................................................SB 538 Title Registration Proceedings; delivery of notices.........................................................................................SB 436 Tort Actions; owner's right of action for damages; notices...........................................................................SB 436 Unlawful Invasions of Privacy; revise and clarify such crimes.....................................................................SB 316 Vehicles Left Unattended on Public Roads or Property; removal.................................................................SB 405 Watercraft; Boats or Outboard Motors; owner of record; titling...................................................................SB 114 Zoning; uniform regulations; Manufactured Housing Study Committee. ..................................................HR 154

PROPERTY CONVEYANCES (Also See State Government) Chatham County; Goodwill Industries of the Coastal Empire......................................................................HR 956 Counties of Baldwin, Barrow, Chatham, Crisp, Douglas, Harris, Houston, Richmond and Ware. ........SR 504 Counties of Baldwin, Bartow, Chatham, Coffee, Floyd, Fulton, Houston, Mitchell and Toombs.........SR 502 Counties of Baldwin, Decatur, Chatham, Troup, Dougherty, Floyd, Carroll, Spalding, Coweta, Heard and Pike....................................................................................................................................SR 516 Counties of Chatham, Fulton, Dawson, Lumpkin, Union, Gilmer, Murray and White. ...........................SR 503 Counties of Jefferson, Bibb, DeKalb and Hall.................................................................................................SR 514 Emanuel County; road improvement projects...............................................................................................HR 1081 Floyd County; DHR Rehabilitation Workshop; convey City of Rome.....................................................HR 1081 Fulton County; sell by bid; Lorenzo Benn Youth Development Campus..................................................HR 956 Fulton County; surplus acreage off Lakewood Freeway................................................................................SR 628 Gordon County; relocation of the State Patrol Post......................................................................................HR 1081 Hall County Regional YDC Relocation; convey property to county..........................................................HR 878
PROSTHETIC DEVICES Sales Tax Exemption; certain physician prescribed devices.........................................................................HB 592 Sales Tax Exemption; certain prescribed devices............................................................................................SB 301
PROSTITUTION OR PANDERING Pimping or Pandering; 3rd or subsequent conviction; felony penalty.........................................................SB 326 Seizure of Vehicle; forfeiture proceedings; delivery of notices....................................................................SB 436

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JOURNAL OF THE SENATE

PROVIDENCE MISSIONARY BAPTIST CHURCH; commend ............................................................SR 681
PSYCHIATRIC MEDICATION OF SCHOOL-AGE CHILDREN; commission to study. ...........HR 1079
PSYCHOTHERAPY PRACTITIONERS (Also See Therapists) Communicating Patient's Violent Threats to Potential Victim or Law Enforcement................................SB 495 Mental Health Therapists; license to practice specialties...............................................................................SB 249 Professional Counselors; employees of private prisons; licensing...............................................................SB 417 Professional Counselors in Privately Owned Correctional Facilities...........................................................SB 516 Psychologists; authority to prescribe drugs for treatment purposes.............................................................SB 157 Psychologists; certified providers; authority to prescribe drugs...................................................................SB 202 State Board Investigations; furnishing information to Psychologist............................................................SB 391
PUBLIC ASSISTANCE (Also See Social Services or Human Resources or Medicaid or TANF) Medicaid Disproportionate Share Hospitals; rural community benefits......................................................SR 592 Medicaid Fraud; service of the complaint and summons..............................................................................HB 708 Medicaid; payment of inpatient hospital claims ..............................................................................................HB 631 Medicaid; transportation contracts; rural health care providers......................................................................SB 89
PUBLIC HEALTH Commission on Men's Health Issues; create. ................................................................................................HB 1235 Community Health Centers Day; recognizing..................................................................................................SR 398 Dangerous Venereal Diseases; include human papilloma virus....................................................................SB 427 Division; request study of obesity-related diseases; treatments....................................................................SR 206 Environmental Laws; sewers, septic tanks; county employee functions.......................................................SB 30 Front-line Health Care Workers; exposure controls; needleless devices ..................................................HB 1448 Immigrant Population; disease prevention; health care literature. ................................................................SR 828 Injury Prevention Programs; joint committee to study...................................................................................SR 459 Lead Poisoning Abatement; Childhood Lead Exposure Control Act..........................................................HB 904 Pharmacy Assistance Program for Low-income, Elderly Citizens; create..................................................SB 515 Public Swimming Pools; health, safety regulations; Michelle's Law.............................................................SB 30 Restaurants; food safety; food protection manager certification.....................................................................SB 60 Sexually Transmitted Diseases; Health Risks Resulting From HPV............................................................SR 636 Teaching Hospitals; funding; Board of Physician Workforce; assigned state agency...........................HB 1411
PUBLIC OFFICERS AND EMPLOYEES (Also See State Government or Specific Agency) Candidates; State Offices; restrict number offices may be nominated......................................................HB 1361 Corrections Commissioner; accepting gifts, donations, bequests, property on behalf of department ....SB 489 Department of Motor Vehicle Safety, Board and Office of Commissioner Created..............................HB 1441 Elected Officials in State-wide Campaigns; donation limits revised; reports.........................................HB 1630 Elected Officials; naming of state property for living persons......................................................................SB 183 Elections; vacancies in the General Assembly; recall petitions; candidate disqualifications...............HB 1117 Employee Labor Organizations; encourage open access to management...................................................SR 100 Employees Retirement; creditable service; military duty; teaching service during Vietnam Conflict...SB 147 Employees Retirement; service credit; temporary full-time employees .....................................................HB 767 Employees Transferred into Statewide Juvenile Court Intake and Probation Services System;
Merit system classification..............................................................................................................................HB 892 Ethics Laws; former officials or General Assembly; prohibit conduct to influence proceedings.............SB 33 Ethics Laws; mandatory training session for General Assembly ..................................................................SB 520 Ethics; prohibited conduct on behalf of candidate for public office.............................................................SB 372 Executive, Legislative, Judicial Branches; travel expense; allowance for use of personal vehicle........HB 648 Fair Employment Practices Act; hearing notices; special masters................................................................SB 436 General Assembly; Legislative Retirement; prior service credit..................................................................HB 859 General Assembly Members; prohibit solicit contributions or pledges during Legislative Session.......SB 354 Heads of State Departments, Agencies, Appointees to Boards, Commissions; retirement options.......HB 764 Health Insurance Coverage; Local Boards of Education.................................................................................... SB 5

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2761

PUBLIC OFFICERS AND EMPLOYEES (Continued) Indemnification; compensation for disabling injuries; law enforcement officers and firefighters..........SB 377 Involuntary Separation Benefits; taxpayer's pension advocate. ....................................................................SB 423 Legislative Retirement; increased allowances; discretion of board..............................................................SB 266 Liens Against Property Based on Performance of Duty; cancellation......................................................HB 1601 Lobbying Practices Prohibited; state agencies using public funds..............................................................HB 720 Lobbyists Gifts of Meals, Food and Drink During Legislative Sessions Prohibited.................................SB 467 Local Authorities; appointed members; felony indictment; removal from office procedures................HB 401 Medical Examiner or Coroner; autopsies; unusual or suspicious deaths.....................................................SB 424 Merit System Employees; telecommuting to reduce vehicle pollution........................................................SB 305 Official Listing Named Roads, Bridges, Interchanges; internet access....................................................HB 1153 Persons Who Engage in Lobbying for Compensation; ineligible membership on any state boards,
commissions or committees.............................................................................................................................SB 384 Professional Licensing Boards Division within Office of Secretary of State Created.............................HB 734 Public Retirement Systems Investment Authority Law; enact.....................................................................HB 617 Public Retirement Systems Standards Law; ensure federal compliance.....................................................HB 616 State Auditor; election of Russell Hinton; March 20, 2000. .......................................................................HR 1351 State Board of Technical and Adult Education; members; expense allowance.......................................HB 1230 State Court Judges; eligibility; experience; amend Constitution.................................................................HR 268 State Examining Boards; members; state residency requirement................................................................HB 351 Tax Materials, Documents and Information for Certain Research Purposes...........................................HB 1577

PUBLIC RECORDS, MEETINGS Access to Certain Child Abuse Records; Office of Child Advocate.........................................................HB 1422 Civil and Criminal Cases; information in electronic format, media. ............................................................SB 176 Criminal History Records; dissemination and use; privacy protection........................................................SB 118 Disclosure Exceptions; personnel files; personal data......................................................................................SB 21 Employment Tests; public access to individual records.................................................................................SB 409 Licensee Information; Real Estate Appraisers and Salespersons..............................................................HB 1151 Not Subject Disclosure; personal information for burglar, fire or electronic security systems ..............SB 364 School Athletic Programs; open records; Equity in Sports Act .................................................................HB 1308 Sheriff, Office of; automated or computerize records; security...................................................................HB 235 State Records Management Committee; Secretary of State appointee.....................................................HB 1363 Tax Materials, Documents, Information for Certain Research Purpose...................................................HB 1577 Voter Registration; list of electors; confidential files; certain residence addresses...................................SB 503
PUBLIC RETIREMENT SYSTEMS STANDARDS LAW (See Retirement and Pensions)

PUBLIC SAFETY (Also See Motor Vehicles or Law Enforcement) Criminal History Record Repository; compliance National Crime Prevention and Privacy Compact..SB 118 Department; official badges; penalty to copy, sell or possess.......................................................................SB 155 Driver Training Courses in Secondary Schools; requirement exemption....................................................SB 447 Driver's License; fingerprint requirement waiver; conditions.......................................................................SB 322 Highway Safety; traffic, freight, passengers; committee to study................................................................. HR 82 Law Enforcement Officers; criteria to process complaints against..............................................................SB 142 Motor Vehicle Safety Department, Board, Office of Commissioner Created.........................................HB 1441 Motorcycle Riders; headgear violation not moving traffic violation............................................................SB 342 Motorcycle Riders; protective headgear; delete requirement ..........................................................................SB 84 Radar Speed Detection Devices; use in historic districts..............................................................................HB 865 Records; information on licensees; on-line access to insurers........................................................................SB 69 Traffic Law Enforcement Officers; identifiable uniforms; blue vehicle lights.......................................HB 1534
PUBLIC SCHOOLS (See Education or Schools)

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2762

JOURNAL OF THE SENATE

PUBLIC SERVICE COMMISSION Authority; Trailers, Semi-trailers Brake Requirements; surge brakes......................................................HB 1192 Cogeneration Facilities; electrical or solar; net energy metering..................................................................SB 433 Motor Common Carriers; certificate of insurance; filing with PSC.............................................................SB 451 Motor Common Carriers; certificate of insurance in lieu of bond................................................................SB 408 Radio Common Carriers, Utilities; repeal certain provisions.......................................................................HB 468 Railway Passenger Service Corridors Specified for Planning, Development..........................................HB 1348 Review Bills Proposing Reconfiguration of Toll-free Calling Areas..........................................................HB 507 Telephone Solicitation Prohibitions Not Apply Insurance or Real Estate Salespersons.........................HB 432 Transfer Certain Functions to Department of Motor Vehicle Safety.........................................................HB 1441 Trucks, Charter Buses, Motor Carriers; Household Goods Movers; registration, licenses, permits;
identification numbers; gross weight rating.....................................................................................................SB 87 Utility Facility Protection Act; enact; appoint advisory committee...........................................................HB 1290
PUBLIC UTILITIES AND TRANSPORTATION (Also See Transportation) Electricity; natural gas used in production; exempt sales tax. ......................................................................HB 567 Energy Metering; cogeneration facilities; electric or solar.............................................................................SB 433 Radio Common Carriers, Utilities; repeal certain provisions.......................................................................HB 468 Service of Process; official notices by certified mail or overnight delivery................................................SB 436 Telephone Service; proposed reconfiguration of toll-free call areas...........................................................HB 507 Utility Contractors; licensing; sewage treatment systems; engineers on-site soil evaluations...............HB 846 Utility Facility Protection Act; blasting and excavating..............................................................................HB 1290
PUTNAM COUNTY Ad Valorem; school taxes; homestead exemption; referendum.................................................................HB 1565 Ad Valorem Taxes; homestead exemption; leased homesteads; referendum..........................................HB 1567

Q
QUALITY BASIC EDUCATION ACT (Also See Education) Funding; conditions; High School Interscholastic Competitions...............................................................HB 1500 Funding; educational care teams to evaluate under-performing schools.......................................................SB 50 Funding; foreign language in elementary, middle schools...........................................................................HB 506 Funding; grants for middle school program; waivers......................................................................................SB 252 Funding; midterm adjustment; Limited-English-Speaking Program. ..........................................................HB 686 Funding; program counts; students in postsecondary courses ........................................................................ HB 38 Funding; program weights; grades K-3; maximum student-teacher ratio...................................................SB 250 Funding; School Social Workers for Remedial Education Services.............................................................SB 101 Grant Programs Targeting At-Risk Students; conditions...............................................................................SB 226 Instructional Activities; Veterans Day Observance in Public Schools.......................................................... HB 68

R
RABUN COUNTY; Designate; Larry McClure Scenic Highway on Highway 246. ................................HR 840
RACKETEERING; RICO Act; forfeitures; proceeds disposition................................................................SB 413
RADAR SPEED DETECTION DEVICES; Use in Properly Marked Historic Districts.......................HB 865
RADIATION GENERATING EQUIPMENT Offices of Private Physicians; exclude certificate of need.............................................................................SB 171 Offices of Private Physicians; exempt certificate of need..............................................................................SB 185
RADIOS

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2763

Utilities; Amateur Operators; Georgia Radio Utility Act; repeal certain provisions................................HB 468 Utilities; Amateur Operators; Vehicle Accidents; improper use of a radio or mobile phone; penalty...SB 395
RAILROADS Burlington Northern/Canadian National Railway Consolidation; urge consider economic effects........SR 708 Georgia Rail Passenger Authority Overview Committee; membership......................................................HB 455 High Speed Trains for Atlanta to Chattanooga; state planning..................................................................HB 1348 Railroad Tracks Crossing Public Road; closure agreement; injunction.......................................................SB 366 Railway Passenger Service Corridors Specified for Planning, Development..........................................HB 1348 Southeastern Railway Museum in Duluth; official state transportation history museum. .......................HB 361 Southwest Georgia Railroad Excursion Authority Law; Crisp and Sumter Counties ............................HB 1654 Transportation Facility Projects; use of Special County 1% Sales Tax. ...................................................HB 1303
RANDOLPH COUNTY Coleman, City of; new charter; incorporation; boundaries.........................................................................HB 1283 Superior Court; change date of term..................................................................................................................HB 811
RANKIN, WILLIAM ANDREW; commend ..................................................................................................SR 401
RAPE; Rape Prevention and Personal Safety Education in Schools, Colleges..........................................HB 171
RAYL, JODIE JEAN; University System Academic Scholar.......................................................................SR 734
REAL ESTATE (Also See Property or Professions) Brokerage Relationships in Real Estate Transactions Act; extensive revisions.........................................SB 425 Computerized Real Estate Indices; printed copies for public. ......................................................................HB 597 Existing or Resold Homes; property insurance; major appliance repairs.................................................HB 1381 Licensure; applicants; fingerprint records check; violations involving accounts; sanctions.................HB 1151 Mortgage Brokers, Lenders and Branch Managers; licensing....................................................................HB 1231 Property; covenants restricting land use; planned subdivisions....................................................................SB 221 Real Estate Appraisers, Brokers, Salespersons; licensing sanctions.........................................................HB 1151 Realty Sales Price Data; county property tax assessment digest.................................................................HB 523 Recovery of Damages to Dwellings Due to Synthetic Exterior Siding; time limits; Stucco Bill...........HB 837 Residential Property; ad valorem taxation; freeze value until sold...............................................................SR 110 Telephone Solicitation Restriction Not Apply Brokers or Agents..............................................................HB 432
REAPPORTIONMENT Municipal Elections; reapportionment of districts; effective date. ...............................................................SB 370 Senatorial Districts 1 and 2; change description..............................................................................................SB 247 Senatorial Districts 33 and 37; Cobb and Cherokee Counties.......................................................................SB 530 U.S. Census Bureau; Year 2000 census; ensure accurate tabulation............................................................SR 205
REBECCA, CITY OF; new charter ................................................................................................................HB 1728
RECALL PETITIONS Notarized Affidavits; notary may not sign as elector or circulate..................................................................... SB 6 Notarized Affidavits; notary may not sign as elector or circulate...................................................................SB 85
REESE, MAXINE NEWBERRY; commend ..................................................................................................SR 762
REGIONAL DEVELOPMENT CENTERS Joint Committee to Study Organizational Structure, Functions....................................................................SR 637 Motor Vehicles Purchased With Public Funds; identifying markings........................................................HB 648 Ratify Transfer; Johnson, Emanuel Counties; Heart of Georgia-Altamaha RDC.....................................HR 121 Watershed Protection; local plans applicable public water supply...............................................................SB 229 REGISTERED NURSE FIRST ASSISTANT CONSUMER ACT........................................SB 58

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2764

JOURNAL OF THE SENATE

REIDSVILLE, CITY OF; Mayor and Council; election by plurality of voters......................................HB 1580
REMERTON, CITY OF; New Charter..........................................................................................................HB 1699
RENAL IMPAIRMENT AND DISEASES ; Kidney Dialysis Clinics; licensure; training required....HB 646
RENTAL TRANSACTIONS (Also See Landlord) Landlord and Tenant; civil actions in Magistrate Court; name of obligee. ..............................................HB 1326 Landlords; tenant complaints relating to code violations...............................................................................SB 404 Rented Dwellings; occupancy restrictions; number of persons....................................................................SB 537 Self-service Storage Facilities; liens for nonpayment of rent.......................................................................HB 817
RESIDENTIAL PROPERTY (See Property or Ad Valorem)
RESTAURANTS (See Food Service Establishments)
RETIREMENT AND PENSIONS District Attorneys; transfer of membership to ERS......................................................................................HB 1046 Employees Retirement; appellate court judges; age and service...................................................................SB 263 Employees Retirement; creditable service; active military duty; teaching service; Vietnam Conflict...SB 147 Employees Retirement; creditable service; prior teaching service. .............................................................HB 772 Employees Retirement; DOT enforcement officers; age requirement......................................................HB 1457 Employees Retirement; prior service credit; DA investigators ....................................................................HB 654 Employees Retirement; prior service credit; officers, employees and secretaries of superior
court or state court judges ................................................................................................................................HB 988 Employees Retirement; service credit; temporary full-time employees .....................................................HB 767 Employees System; board of trustees; voting, nonvoting members.............................................................SB 422 Employees System; creditable service; certain recruited employees...........................................................SB 265 Employees System; creditable service; military draft service.........................................................................SB 45 Employees System; postretirement benefit increases restricted....................................................................SB 421 Firefighters Pension Fund; members; expand eligibility; purposes..............................................................SB 188 Firefighters Pension Fund; prior eligible service credit ..................................................................................SB 267 Firefighters Pension Fund; reinstatement; prior service credit.....................................................................HB 887 Firefighters, Volunteer; Georgia Class Nine Fire Department Pension Fund created..............................HB 887 Georgia Defined Contribution Plan; exempt certain persons.....................................................................HB 1148 Income Tax Exclusion; raise maximum amount of retirement income.....................................................HB 1159 Investments by Public Retirement or Pension Systems; procedures...........................................................HB 617 Judges of Probate Courts; appointment as a senior judge. ..........................................................................HB 1158 Judges of Probate Courts; payment of dues; discontinue after 20 years; arrears.....................................HB 1089 Judicial Personnel; retirees; carrying concealed weapons exemption.........................................................HB 110 Judicial Retirement; creditable service; transfer of contributions................................................................HB 543 Judicial Retirement; creditable service; 24 years at age 55............................................................................SB 264 Judicial Retirement System; retirees; state health insurance plan...............................................................HB 566 Judicial Retirement System; transfer of membership from the ERS. ..........................................................HB 919 Judicial Retirement; transfer of membership to ERS from District Attorney's Retirement System.....HB 1046 Legislative Retirement; board of trustees; discretionary increases...............................................................SB 266 Legislative Retirement; Board of Trustees membership; methods to increase retirement allowance. HB 1031 Legislative Retirement; General Assembly members; prior service credit................................................HB 859 Local Retirement Systems; pension obligation bond requirements.............................................................HB 847 Membership Options; state department or agency heads; appointees to boards or commissions..........HB 764 Military Retirees; lifetime health care benefits; urge access to....................................................................HR 935 Military Retirees; urge lifetime health care benefits.......................................................................................SR 511 OCGA Code Title 47; correct errors, omissions...........................................................................................HB 1258 Peace Officers Benefit Fund; membership; county jail officers....................................................................SB 268 RETIREMENT AND PENSIONS (Continued)
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2765

Peace Officers Benefit Fund; retirees; benefits after reemployment...........................................................HB 799 Probate Court Judges; retirees reemployed as judges; benefits....................................................................HB 453 Public Retirement Systems Investment Authority Law; enact.....................................................................HB 617 Public Retirement Systems Standards Law; funding; employer contribution; federal compliance. ......HB 616 Public Systems; repeal provision relating state income tax exemption.....................................................HB 1457 Sheriffs; dues; monthly benefits; spousal survival options...........................................................................HB 393 State Employees Health Insurance Plan; Georgia-Federal Inspection Service .......................................HB 1379 State Employment; involuntary separation benefits; taxpayer advocate.....................................................SB 423 Taxpayers' Pension Advocate to Review Involuntary Separation Benefits..............................................HB 1285 Teachers and State Employees; transfer of service credits............................................................................HB 999 Teachers Retirement; prior service credit; independent school system.......................................................SB 187 Teachers Retirement; prior service credit; manpower training programs for at-risk children...................SB 46 Teachers Retirement; revoke authority of Board of Regents to establish supplemental fund..................SB 411 Teachers Retirement; service credit; postgraduate study interrupted by active military service............HB 908

REVENUE AND TAXATION Ad Valorem; assessments; uniformity adjustments; appeals; cities located in more than one county...SB 309 Ad Valorem; compilation of tax digest; motor vehicles, mobile homes.....................................................HB 167 Ad Valorem; conservation use property; family farm entities....................................................................HB 1217 Ad Valorem; county school tax collections; distribution of moneys..........................................................HB 518 Ad Valorem; exemption; farm equipment used in production by family farms; special election........HB 1416 Ad Valorem; exemption; historical fraternal benefit associations................................................................SB 233 Ad Valorem; exemption; manual workers' trade tools; referendum. ............................................................. HB 20 Ad Valorem; exemption; vehicles owned by veterans awarded Purple Heart.........................................HB 1417 Ad Valorem; homestead exemption; disabled veterans; maximum amount..............................................HB 684 Ad Valorem; homestead exemption; surviving spouse of U.S. Armed Forces; referendum. ..................HB 446 Ad Valorem; Marine Vessels; classification for tax purposes; amend Constitution.................................SR 580 Ad Valorem; mobile homes; taxable tangible personal property.................................................................HB 623 Ad Valorem; motor vehicles; taxable value; retail-wholesale averaging.................................................HB 1224 Ad Valorem; motor vehicles; uniform valuation; current fair market and wholesale value.....................SB 312 Ad Valorem; municipal taxes; homestead tax deferral for the elderly......................................................HB 1178 Ad Valorem; preferential assessments of historic property, trees..............................................................HB 1118 Ad Valorem Property Tax Exemption; Elks Lodges; state-wide referendum..........................................HB 1247 Ad Valorem; property tax returns; oaths; false swearing; electronic signatures.....................................HB 1265 Ad Valorem; residential property; freeze appraisal value until sold............................................................SR 110 Ad Valorem; setting of Millage Rates; digest review compliance...............................................................HB 939 Ad Valorem; state taxes; eliminate levy on tangible property.......................................................................SR 158 Ad Valorem; state taxes; percent to fund a Land, Water, Wildlife, and Recreation Heritage Fund........... SB 4 Ad Valorem; tax digests; assessments under appeal or arbitration...............................................................SB 340 Ad Valorem; tax digests; property assessment value measurements..........................................................HB 523 Ad Valorem; tax returns; trade, corporate, business owner names...............................................................SB 189 Ad Valorem; taxation of manufactured homes; committee to study...........................................................HR 154 Ad Valorem; taxation of marine vessels; method of evaluation...................................................................SB 471 Alcoholic Beverage Licensees; sales to underage persons; penalty.............................................................SB 246 Alcoholic Beverage Sales; authorize on Cruise Ships; fees and taxes......................................................HB 1383 Appropriations Committees; appearance of Mental Health Regional Boards.........................................HB 1470 Appropriations, General S.F.Y. 2000-2001...................................................................................................HB 1160 Appropriations; supplemental funding; state health insurance plans........................................................HB 1161 Appropriations, Supplemental 1999-2000; reallocate funds.......................................................................HB 1162 Assessment of Tax or License Fee; written notice to taxpayer......................................................................SB 436 Boat and Motor Title and Ad Valorem Taxation Study Committee.............................................................SR 569 Coin Operated Devices; regulation; delivery of notices.................................................................................SB 436 Commercial Activities Concerning Accounts of Certain Crimes; tax perpetrator profits.......................HB 470 Department; tax payments, other revenue received; deposit deadline. .......................................................HB 222 REVENUE AND TAXATION (Continued)

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2766

JOURNAL OF THE SENATE

Enterprise Zone Tax Exemption, Credit, Reduction from School Taxes.....................................................SR 249 Excise Tax Levied for Certain Convention Facility; completion date......................................................HB 1149 Excise Taxes; applicable to wine shipped to consumers from outside state............................................HB 1273 Excise Taxes; Hotel-Motel; Innkeepers' tax liability; exempt government employees on business...HB 1186 Excise Taxes; hotel-motel tax levy; community auditorium or theatre facility.......................................HB 1375 Excise Taxes; hotel-motel tax levy; expenditure requirements..................................................................HB 1291 Excise Taxes; hotel-motel tax levy; Georgia International and Maritime Trade Center Authority.....HB 1375 Excise Taxes; hotel-motel tax levy; trails or walkways connecting downtown historic
or business districts.........................................................................................................................................HB 1375 Funds for Public Roads; allocation among congressional districts ...........................................................HB 1553 Georgia Tax Code; incorporate federal law into Georgia law. ...................................................................HB 1137 Homeowner Tax Relief Funds; state allotment to counties and school districts.....................................HB 1403 Homeowner Tax Relief Grants; increase allotment to counties, school districts....................................HB 1487 Homestead Option Sales Tax; proceeds; funding purposes...........................................................................SB 306 Income Tax Contributions; Breast Cancer, Prostate Cancer, Ovarian Cancer Research Program ......HB 1335 Income Tax; credits; employer provided transportation benefits; relocating business headquarters..HB 1134 Income Tax; credits; federally-qualified low income housing project........................................................HB 272 Income Tax; credits; low-emission vehicles; electric chargers; diesel emissions reduction ..................HB 801 Income Tax; exclusion; increase amount of retirement income.................................................................HB 1159 Income Tax; individual taxpayer rates; reduce for each completed year of marriage...............................SB 328 Income Tax; jobs tax credits; business located in Tier 3 county................................................................HB 1135 Income Tax; personal exemptions; dependent deductions.............................................................................. HB 35 Income Tax Rate for Individuals; gradual reduction over 4-years................................................................SB 174 Income Tax; taxpayer overpayments; notification...........................................................................................SB 314 Income Taxes; credit; costs of driver education for minor children ..........................................................HB 1532 Income Taxes; credit; depository financial institutions...............................................................................HB 1452 Income Taxes; credit; disaster assistance from GEMA or FEMA.............................................................HB 1531 Income Taxes; credits; cigarettes manufactured for foreign exportation..................................................HB 1455 Income Taxes; credits; corporate income; affiliated entities.......................................................................HB 1215 Income Taxes; job tax credits; duties of Revenue Commissioner. ..............................................................HB 524 Income Taxes; withheld or estimated tax overpayments; refunds; interest.............................................HB 1349 Intangible Recording Tax; collecting officers; reports; distributions........................................................HB 1310 Occupation Taxes; statutory references; assisted living facilities.................................................................SB 131 Public Entities Issuing Bonds, Notes or Obligations; filing reports............................................................HB 964 Revenue Bond Law; registration upon purchaser's request...........................................................................SB 299 Revenue Bonds; issuance; Georgia Agricultural Facilities Authority..........................................................SB 251 Revenue Bonds; pension obligation bonds of local retirement systems.....................................................HB 847 Revenue Officers, Special Agents; enforcement; prohibited sales of tobacco products to minors......HB 1229 Sales Tax; exemption; certain prescribed prosthetic devices ........................................................................SB 301 Sales Tax; exemption; dyed diesel fuel for commercial fishing boats......................................................HB 1582 Sales Tax; exemption; electricity used for farm crop irrigation..................................................................... HB 82 Sales Tax; exemption; equipment, blood measuring devices used by diabetics .....................................HB 1583 Sales Tax; exemption; fuel for licensed commercial fishermen......................................................................SB 81 Sales Tax; exemption; manufacturing plants repair parts, molds, dies, tools; high-tech
company computer equipment......................................................................................................................HB 1510 Sales Tax; exemption; petroleum gas or fuel purchased for poultry structures.......................................HB 1236 Sales Tax; exemption; prescribed prosthetic devices.....................................................................................HB 592 Sales Tax; exemption; sales of precious metals in bullion form or coins or currency transactions.....HB 1210 Sales Tax; exemption; sales to housing authorities; library fundraisers; wheelchairs;
natural gas to produce electricity....................................................................................................................HB 567 Sales Tax; exemption; school students expenses; urge 2000 exemption.....................................................SR 407 Sales Tax; homestead option tax (HOST); apportioning proceeds...............................................................SB 213 Sales Tax; Internet sellers tax collection requirement; urge equity..............................................................SR 538 Sales Tax; payment by construction contractors and subcontractors;.........................................................HB 592 Sales Tax; special county 1%; proceeds for transportation facilities........................................................HB 1303 REVENUE AND TAXATION (Continued)

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2767

Sales Taxes; local; applicability to state construction contracts................................................................HB 1246 State Surplus; revenue shortfall reserve account; change amount.............................................................HB 1671 Tax Assessors; county board members; removal for cause; vacancies.....................................................HB 1224 Tax Executions; disputed Ad Valorem Tax obligations; verification..........................................................SB 352 Tax Executions; party paying the execution; ownership interest; transfer of liens, deeds;
notice to delinquent taxpayer............................................................................................................................SB 169 Tax Foreclosure Sales; contents of the judicial orders..................................................................................... HB 36 Tax Levies and Executions; methods to deliver official notices...................................................................SB 436 Tax Policy, Laws; research projects; confidential information; access to................................................HB 1577 Tax Sales; proceedings to remove clouds on Title; special master............................................................HB 1354 Taxpayers' Dividend Act of 2000; amend Constitution..................................................................................SR 451 Tobacco Vending Machines; eliminate retail sales; compensation..............................................................SB 461 Watercraft; titling and registration; boats and outboard motors....................................................................SB 114

REVENUE BONDS Issuance by Georgia Housing and Finance Authority; financing of business enterprises........................SB 400 Issuance by Southwest Georgia Railroad Excursion Authority.................................................................HB 1654 Issuance by Georgia Agricultural Facilities Authority...................................................................................SB 251 Local Government Bond Proceeds; expenditures; notices.............................................................................SB 436 Local Government Retirement Systems; pension obligation bonds............................................................HB 847 OneGeorgia Authority Act; rural economic development; tobacco lawsuit settlement funds.................SB 398 Public Entities Issuing Bonds, Notes or Obligations; filing reports............................................................HB 964 Revenue Bond Law; registration upon purchaser's request...........................................................................SB 299 South Fulton Municipal Regional Water and Sewer Authority..................................................................HB 1421
REWIS, CHARLES K.; in remembrance of.....................................................................................................SR 771
REYNOLDS, CLAUDIA; commend upon retirement....................................................................................SR 615
RHONE, REVEREND DAVID B. JR.; commend.........................................................................................SR 693
RICHMOND COUNTY Augusta-Richmond County Water Authority; create...................................................................................HB 1698 Board of Education; nonpartisan election ......................................................................................................HB 1627 Board of Education; school building construction; contracts; bids...........................................................HB 1628 Civil Court; marshal; powers, duties...............................................................................................................HB 1652 Committees, Authorities, Boards, Commission Meetings; attendance.......................................................HB 336 Georgia Medical Center Authority Act; research based in Augusta ............................................................SB 440 Property Conveyance; easement area; drainage along Phinizy Road...........................................................SR 504 Property Conveyance; easement area; Spirit Creek Educational Forest......................................................SR 504 State Court Officials; compensation .................................................................................................................HB 805 Superior Court; Augusta Judicial Circuit; judges' salary supplement.......................................................HB 1738
RIDLEY, BETTY COCHRAN; Georgia Mother of the Year; commend ..................................................SR 799
ROBERTS, DR. JOSEPH; introduced ........................................................................................................Page 1284
ROBERTS, SAM; Former State Senator; eulogy; family recognized ........................................................... Page 4
ROBINSON, LITHANGIA SHANNELL; commend ...................................................................................SR 678
ROCKDALE COUNTY; Horse Park; Hotel-Motel Excise Tax Levy; expenditure requirements......HB 1291
ROCKDALE 2000 LITERACY TASK FORCE; commend....................................................................HR 1360 ROCKMART, CITY OF

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2768

JOURNAL OF THE SENATE

Corporate Limits; clarify annexation ..............................................................................................................HB 1732 Designate; Raymond Lester Bridge; Euharlee Creek......................................................................................SR 236
ROCKY FORD, CITY OF; new charter........................................................................................................HB 1608
ROGERS, LARRY; DNR Aviation Unit; commend.......................................................................................SR 492
ROME, CITY OF; Ad Valorem; school taxes; homestead exemption .....................................................HB 1638
ROOSEVELT WARM SPRINGS INSTITUTE; transfer to Labor Department....................................HB 172
ROSWELL, CITY OF; New Charter; extend corporate limits; annex additional land .........................HB 1511
ROTARY CLUBS OF GEORGIA AND STUDENT PROGRAM; recognizing...................................SR 498
RURAL AREAS Economically Depressed Areas; business tax incentives; government facility location; joint development authorities........................................................................................................................HB 1135 Health Care Providers; non-emergency transportation plans; contracts........................................................SB 89 Hospitals Facing Potential Closure; grants.......................................................................................................SB 381 Hospitals; indigent care trust funds; distribution formula. ...............................................................................SR 35 Low Income Housing Projects; taxpayers owning interest; tax credits......................................................HB 272 Medicaid Disproportionate Share Hospitals; rural community benefits......................................................SR 592 Medically Underserved Areas; Volunteers in Medicine Health Care Act..................................................HB 146 OneGeorgia Authority Act; rural economic development; public financial assistance; tobacco lawsuit settlement funds....................................................................................................................................SB 398 Rural Crisis Day; recognizing Health Professional Shortages ......................................................................SR 590 Rural Health Care; HMO contracts with participating providers..................................................................SB 334 Rural Hospitals; exemption; transactions involving sale or lease of authority owned hospitals .............SB 382 Rural Hospitals; health care services; economic pressures; study................................................................SR 794

S
SAFE DRIVERS' AWARENESS DAY; declaring ........................................................................................SR 617
SAFE DRIVERS' AWARENESS DAY AND HONORING WAYNE REECE; honoring.................SR 642
SAFETY BELTS (See Seat Safety Belts or Motor Vehicles)
SAINT DAVID'S DAY AND WELSH SOCIETY OF GEORGIA; recognizing...................................SR 612
SALES AND USE TAXES (Also See Revenue and Taxation) Construction Contractors and Subcontractors; payments; bonding.............................................................HB 592 Dealers; official notices by state revenue commissioner................................................................................SB 436 Exemption; electricity used for farm irrigation systems.................................................................................. HB 82 Exemption; fuel for commercial fishing purposes .............................................................................................SB 81 Exemption; sales of gold, silver, platinum bullion or coins or currency...................................................HB 1210 Exemption; school students expenses; urge temporary 2000 exemption.....................................................SR 407 Exemptions; housing authorities; library fundraisers; wheelchairs; natural gas for electricity..............HB 567 Homestead Option Sales Tax; proceeds; funding purposes; capital outlay projects,
equalize tax millage differential.......................................................................................................................SB 306 Homestead Option Sales Tax; state allotment of tax relief funds to counties and school districts......HB 1403 Internet Consumer Sales; urge tax equity between in-state merchants and out-of-state sellers..............HR 973 Internet, Electronic Commerce; tax collections; urge equity.........................................................................SR 538 SALES AND USE TAXES (Continued)

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MARTA; sales tax rate; extend until Year 2062...........................................................................................HB 1615 Sales Tax; exemption; business computers, equipment for high-tech industry.......................................HB 1510 Sales Tax; exemption; certain prescribed prosthetic devices ........................................................................SB 301 Sales Tax; exemption; equipment, devices used exclusively by diabetics ...............................................HB 1583 Sales Tax; exemption; manufacturing plant repair parts, molds, dies, tools............................................HB 1510 Sales Tax; exemption; petroleum gas or fuel purchased for poultry structures.......................................HB 1236 Tax Payments, Other Revenue; deposited within 30 days of receipt...........................................................HB 222
SAMMONS, ELIZABETH A.; commend........................................................................................................SR 607
SAMUELS, RITA D.; commend.........................................................................................................................SR 823
SANFORD, ROBERT; claims against the State; compensate. ....................................................................HR 976
SAPELO ISLAND; Gray's Reef; National Marine Sanctuary; urge NOAA continue public access.....HR 816
SAVANNAH ARTS ACADEMY'S SILVER WINDS ENSEMBLE; commend ...................................SR 748
SAVANNAH, CITY OF Ad Valorem Taxes; homestead exemption; referendum................................................................................HB 350 Chatham-Savannah Authority for the Homeless; membership, meetings, purposes ..............................HB 1726 Ralph Mark Gilbert Civil Rights Museum; official designation...................................................................SB 224 Savannah River; noncommercial fishing for catfish with bow and arrows..............................................HB 1320
SAVANNAH COUNTRY DAY LADY HORNETS BASKETBALL TEAM; commend ...................SR 694
SAVANNAH ELECTRIC AND POWER CO. Property Conveyance; utility easement........................SR 504
SAVINGS AND LOAN ASSOCIATIONS (Also See Banking and Finance) Credit Transfer of Employee Wage and Salary Payments; authorization......................................................SB 52
SCHOOL DISCIPLINE AND SAFETY Disciplinary Tribunals; membership; school officials and citizens................................................................SB 35 Public School Discipline Act; Juvenile Court jurisdiction.............................................................................SB 190 School Buses; require live communications devices for drivers...................................................................SB 458 School Security Personnel; law enforcement; carry of firearms...................................................................SB 152 Student Disciplinary Hearings to Impose Suspension; annual reports........................................................SB 132 Weapon-free, Violence-free School Safety Zones; weapons violations......................................................SB 466
SCHOOLS (Also See Education or Colleges or Teachers) A Plus Education Reform Act of 2000; enact................................................................................................HB 1187 Academic Social Promotion Policies; remediation; committee to study.....................................................SR 256 Alabama Independent High School Students; Hope Scholarships and Grants........................................HB 1306 Assault or Battery Upon a Sports Official, Umpire, Referee; penalty........................................................HB 265 Athletic Programs; gender based discrimination; Equity in Sports Act...................................................HB 1308 Certificated or Classified Employees; grounds for termination....................................................................SB 274 Charter Schools Act of 2000; petitions; decision procedures........................................................................SB 310 Disciplinary Tribunals; membership; school officials and citizens................................................................SB 35 Driver Training; secondary schools, technical institutes; exceptions..........................................................HB 343 Early HOPE Education Reform Act; Academic Achievement Accountability System;
School Help Improvement Program................................................................................................................SB 329 Early HOPE Scholarship Act; tuition grants; low-income students K-9.......................................................SB 68 Enrollment Eligibility After Dropping Out or Withdrawing.........................................................................HB 550 Enrollment Eligibility Date for State Supported Kindergarten; study.........................................................SR 129 Evaluation of Underperforming Schools; educational care teams..................................................................SB 50 SCHOOLS (Continued)

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2770

JOURNAL OF THE SENATE

High School Interscholastic Competitions; fair, equitable recruiting policies.........................................HB 1500 Kindergarten Programs; enrollment age; birth date after September 1. .......................................................SB 257 Lead Poisoning Hazards; Childhood Lead Exposure Control Act.............................................................HB 904 Private Schools or Home Study Programs; students eligible public school extracurricular programs...SB 374 Public School Discipline Act; Juvenile Court jurisdiction.............................................................................SB 190 School Attendance; change mandatory age; exception...................................................................................SB 360 School Choice; Nonprofit Public Corporation to Receive Private Funds; purpose; student
vouchers to attend private school. ...................................................................................................................SB 517 School Choice Selection Within Resident School District...............................................................................SB 67 School Choice; vouchers for private elementary and secondary school......................................................SB 519 School Choice; vouchers for private tuition or tutoring services..................................................................SB 518 School Health Care and Medical Services; committee to study...................................................................SR 344 School Health Procedures; student medications; who may administer..........................................................SB 14 School Health; student medications; administration guidelines....................................................................SB 244 School Security Personnel; law enforcement; carrying of firearms..............................................................SB 152 School Social Workers for Remedial Education Services; funding.............................................................SB 101 Student Disciplinary Hearings to Impose Suspension....................................................................................SB 132 Students Assigned Alternative School Programs; mandatory attendance..................................................HB 114 Students Attending Alternative School or Suspended; summer school.......................................................SB 406 Teachers; grades K-5; duty-free lunch period; remove limitation................................................................SB 194 Teachers or School Administrators; alleged offenses in performance of duties; warrants for arrest........SB 27 Transportation, Nutrition, and Support Personnel; Study Committee..........................................................SR 374 Veteran's Day Observance on November 11 in Public Schools..................................................................... HB 68
SCOTT, SERGEANT GARY GRANT; in remembrance of........................................................................SR 781
SCREVEN COUNTY; State Service Delivery Regions; change Region...................................................HB 755
SEA ISLAND; Coastal Tourism Study Committee; create.............................................................................SR 770
SEAT SAFETY BELTS (Also See Motor Vehicles) Child Safety Restraint Requirements; points assessed for violations...........................................................SB 104 Requirements; sport utility vehicles and pickup trucks..................................................................................SB 211
SECRETARY OF STATE Abolish Office of Joint-secretary of State Examining Boards; create the Professional Licensing
Boards Division as successor..........................................................................................................................HB 734 Appointee to State Records Management Committee..................................................................................HB 1363 Business Corporations; documents; filing by electronic means......................................................................SB 23 Charitable Organizations; registration and records; regulate persons who solicit contributions.............SB 499 Duties; publication of campaign disclosure reports electronically................................................................SB 225 Duties; publication of rules adopted by state agencies...................................................................................SB 439 Duties; uniform forms for living wills, power of attorney or agency............................................................... SB 7 Election Returns Divided by Precinct Submitted in Electronic Format....................................................HB 1113 Elections Laws, Frauds, Irregularities; change provisions, authority........................................................HB 1117 Elections; voting by early ballot; procedures; pilot programs.......................................................................SB 235 Foreign Corporations; in-state customer service office location...................................................................SB 320 Georgia Cemetery and Funeral Services Act of 2000; enact.........................................................................SB 462 Georgia Real Estate Appraisers Board; powers; applicants; licensees........................................................SB 350 Georgia Real Estate Commission; powers; applicants and licensees...........................................................SB 350 Lobbyists Representation; registration; filing fees; change amounts...........................................................SB 459 Professional Licensing Boards Division; functions; duties; director...........................................................HB 734 Reassign Duties; insurer filing of incorporation and charters....................................................................HB 1168 State Board of Architects and Interior Designers; State Construction Industry Licensing Board...........SB 350 State Board of Registration for Professional Engineers and Land Surveyors; increase membership.....SB 430 SECURITIES

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INDEX

2771

Brokerage Relationships in Real Estate Transactions Act; revise. ...............................................................SB 425 Business Corporations; authorized shares; voting agreements; within class of shares; share options...SB 397 Day Trading Firms; registration; disclosures; unlawful practices.................................................................SB 444 Investment Partnerships With State; Seed-Capital Funds...........................................................................HB 1629 Mutual or Stock Insurers; reorganization or merger requirements...............................................................SB 122 Revenue Bond Law; registration upon purchaser's request...........................................................................SB 299 Securities Act of 1973; documents, notices by statutory overnight delivery..............................................SB 436 Telephonic Sales Solicitations; required conduct of callers..........................................................................HB 542
SELLING AND OTHER TRADE PRACTICES Alcoholic Beverage Sales to Underage Persons; penalties............................................................................SB 246 Alcoholic Beverages; sales via electronic commerce retail grocers.............................................................SB 434 Businesses Engaged Tourism, Commercial or Retail Sales; Georgia Housing and Finance Authority.SB 400 Charitable Solicitors; fundraising activities; deceptive practices.................................................................SB 499 Cigarettes, Tobacco Product Displays Within Plain View of Cashier..........................................................SB 380 Georgia Cemetery and Funeral Services Act of 2000; enact.........................................................................SB 462 Internet, Electronic Commerce; sales tax equity between in-state merchants and out-of-state sellers..HR 973 Motor Vehicle Dealership Franchises; agreement rights; repairs...................................................................SB 88 Motor Vehicle Dealerships and Franchises; transfer of ownership.............................................................HB 415 Retail Sellers; Installment Contract or Revolving Account; check dishonor fees.....................................SB 379 Sales of Donated Used Motor Vehicles for Charity........................................................................................SB 317 Sales Tax Collection; urge equal requirements for all sellers........................................................................SR 538 Selling Unauthorized Badges Used by Public Safety Officers; penalty......................................................SB 155 Theft by Shoplifting, Cheating or Defrauding Retail Merchants; fraudulent sales receipts or product bar codes; multiple offenses...............................................................................................................SB 307
SENATE Address by Chief Justice Robert Benham in Joint Session...........................................................................HR 746 Address by the Governor in Joint Session; State of State address; Page 209.............................................HR 893 Address by the Governor in Joint Session; Budget Message; Page 46 . .....................................................HR 744 Address by the Governor in Joint Session; Education Address; Page 69. ..................................................HR 745 Committees Audit Subcommittee of Rules Committee; re-institute and appoint ........................................................Page 17 Senate Standing; name change ........................................................................................................................Page 15 Senate Standing; change in members ..........................................................................................................Page 311 Convening of the Senate; notify House of Representatives........................................................... ......... SR 385 Eulogy for Former Senator Sam Roberts ........................................................................................................... Page 4 Local Legislation; civil action challenging method of enactment; requesting Attorney General to provide legal representation.............................................................................................................................SR 570 Members; election to 4 year term of office; amend Constitution.................................................................SR 412 Members; suspension upon felony conviction; amend Constitution............................................................SR 411 Morning Roll Calls .............................................................. Pages 1, 45, 59, 66, 78, 108, 126, 139, 153, 170, 189, 204, 227, 263, 292, 319, 332, 360, 412, 431, 452, 472, 495, 521, 580, 779, 794, 830, 925, 968, 989, 1087, 1159, 1218, 1250, 1303, 1338, 1499, 1749, 2049 Roll Call of Former Senators ................................................................................................................................ Page 1 Rules; adopted for 2000 Session.........................................................................................................................SR 386 Senatorial Districts 1 and 2; change description..............................................................................................SB 247 Senatorial Districts 33 and 37; apportionment; description...........................................................................SB 530 Special Election Runoff; District 2; District 30; certification of returns .....................................Pages 102, 1178 Standing Committees; change in members ....................................................................................................Page 311

SENATOR BALFOUR Excused from voting on SB 60, Rule 175 ..................................................................................................Page 1190

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2772

JOURNAL OF THE SENATE

SENATOR BLITCH Absence from Morning Roll Call explained .................................................................................................Page 126 Absence from Morning Roll Call explained .................................................................................................Page 227 Absence from Morning Roll Call explained .................................................................................................Page 264 Absence from Morning Roll Call explained .................................................................................................Page 292 Absence from Morning Roll Call explained ...............................................................................................Page 1749
SENATOR BOWEN; absence from Morning Roll Call explained ............................................................Page 360
SENATOR BRUSH; communication to Secretary regarding roll calls ..................................................Page 2609
SENATOR BUTLER Absence from Morning Roll Call explained .................................................................................................Page 412 Communication to Secretary; regarding vote on HB 1630 ......................................................................Page 1386 Communication to Secretary; regarding vote on HB 1391 ......................................................................Page 2024
SENATOR CABLE Absence from Morning Roll Call explained .................................................................................................Page 779 Absence from Morning Roll Call explained .................................................................................................Page 989 Communication to Secretary; relative vote on HB 1148 ............................................................................Page 944 Communication to Secretary; relative vote on SB 440 ...............................................................................Page 458 Communication to Secretary; relative vote on SB 375 ...............................................................................Page 544 Communication to Secretary; relative vote on HB 1629 ...........................................................................Page 1742 Communication to Secretary; relative vote on HB 887 ............................................................................Page 2019 Communication to Secretary; relative vote on HB 1182 ..........................................................................Page 2315
SENATOR CAGLE; communication to Secretary regarding vote on SB 315 ........................................Page 437
SENATOR CROTTS Communication to Secretary; regarding vote on HB 1149 ..........................................................................Page 513 Communication to Secretary; regarding vote on HB 1339 ........................................................................Page 1737 Excused from voting on SB 344, Rule 175 ....................................................................................................Page 266
SENATOR DEAN Excused from voting on SB 344, Rule 175 ...................................................................................................Page 266 Excused from voting on SB 344, Rule 175 .................................................................................................Page 2322
SENATOR EGAN Commend ................................................................................................................................................................SR 674
SENATOR FORT Absence from Morning Roll Call explained .................................................................................................Page 139 Absence from Morning Roll Call explained .................................................................................................Page 264 Communication to Secretary; regarding vote on SB 297 ...........................................................................Page 344 Absence during vote on HB 171 explained ...................................................................................................Page 269 Communication to Secretary; regarding vote on SB 390 .........................................................................Page 1898
SENATOR GILLIS Communication to Secretary authorizing Senator Kemp conduct Natural Resources ........................Page 1248
SENATOR GINGREY; communication to Secretary; regarding vote on HB 1247 .............................Page 1427

SENATOR HAMRICK Committee assignments .................................................................................................................................Page 1207 Oath of Office administered by Honorable Aubrey Duffey .....................................................................Page 1180

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2773

SENATOR HECHT Appointed as Chairman of Correctional Institutions and Property Committee ........................................Page 14 Absence from Morning Roll Call explained .................................................................................................Page 496 Absence from Morning Roll Call explained ...............................................................................................Page 1749 Communication to Secretary; regarding vote on SB 387 ...........................................................................Page 499 Communication to Secretary; regarding vote on HB 1138 ........................................................................Page 500 Communication to Secretary; regarding vote on SB 503 ........................................................................Page 1099
SENATOR HILL Communication to Secretary; regarding vote on SB 60 ............................................................................Page 1193 Communication to Secretary; regarding vote on Local Consent Calendar ............................................Page 1224 Communication to Secretary authorizing Senator Broun to conduct Higher Education .....................Page 1335 Communication to Secretary; regarding vote on HB 1630 ......................................................................Page 1386
SENATOR HOOKS Absence from Morning Roll Call explained .................................................................................................Page 292 Communication to Secretary; regarding vote on SB 260 ................................................................ Pages 270, 308 Excused from voting on SB 344, Rule 175 ......................................................................................Pages 266, 2322
SENATOR HUGGINS; absence from Morning Roll Call explained ......................................................Page 1250
SENATOR JACKSON; appointed Vice-chair of Correctional Institutions and Property Committee...Page 14
SENATOR JAMES Absence from Morning Roll Call explained .................................................................................................Page 139 Absence from Morning Roll Call explained .................................................................................................Page 264 Absence from Morning Roll Call explained ...............................................................................................Page 1159 Communication to Secretary explaining absence for day ..........................................................................Page 319
SENATOR KEMP; communication authorizing vice-chair to conduct Judiciary meeting ...................Page 188
SENATOR LADD; excused from voting on HB 859, Rule 175 ...............................................................Page 1735
SENATOR LAMUTT Excused from voting on HB 1221, Rule 175 ................................................................................................Page 1240 Excused from voting on HB 904, Rule 175 .................................................................................................Page 2012
SENATOR LAND Commend ................................................................................................................................................................SR 816
SENATOR MARABLE Communication to Secretary; regarding vote on HB 1422 ........................................................................Page 1462 Communication to Secretary; regarding vote on HB 1423 ........................................................................Page 2578
SENATOR MEYER VON BREMEN Communication to Secretary; regarding vote on HB 1379 ........................................................................Page 1937 Excused from voting on HB 837, Rule 175..................................................................................................Page 1533 Excused from voting on HB 837, Rule 175 .................................................................................................Page 2577
SENATOR POLAK Absence from Morning Roll Call explained .................................................................................................Page 139 Absence from Morning Roll Call explained .................................................................................................Page 205 Absence from Morning Roll Call explained .................................................................................................Page 292 Absence from Morning Roll Call explained .................................................................................................Page 581 Absence from Morning Roll Call explained .................................................................................................Page 333 Absence from Morning Roll Call explained .................................................................................................Page 496

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2774

JOURNAL OF THE SENATE

SENATOR POLAK (Continued) Absence from Morning Roll Call explained ...............................................................................................Page 1250 Communication to Secretary; regarding roll calls .....................................................................................Page 2609
SENATOR RICK PRICE Absence from Morning Roll Call explained .................................................................................................Page 227 Absence from Morning Roll Call explained .................................................................................................Page 319 Excused from voting on SB 344, Rule 175 ...................................................................................................Page 266
SENATOR TOM PRICE; committee change ..............................................................................................Page 311
SENATOR RAGAN Communication to Secretary; regarding vote on HB 577 ...........................................................................Page 783 Communication to Secretary; regarding vote on HB 999 ...........................................................................Page 942 Communication to Secretary; regarding vote on Local Consent Calendar ............................................Page 2071
SENATOR RAY Absence from Morning Roll Call explained ...................................................................................................Page 45 Communication to Secretary; regarding vote on HB 1187 ........................................................................Page 698 Communication to Secretary; regarding vote on SR 538 ...........................................................................Page 545
SENATOR SMITH; communication to Secretary: regarding vote on SB 336 ........................................Page 479
SENATOR STARR Excused from voting on SB 344, Rule 175 ..................................................................................................Page 266
SENATOR STEPHENS; absence from Morning Roll Call explained .....................................................Page 989
SENATOR STOKES ; communication to Secretary; regarding vote on HR 757 ....................................Page 220
SENATOR TATE Absence from Morning Roll Call explained .................................................................................................Page 413 Absence from Morning Roll Call explained ...............................................................................................Page 1304
SENATOR DON THOMAS Absence from Morning Roll Call explained .................................................................................................Page 472
SENATOR REGINA THOMAS Communication to Secretary regarding vote on SR 231 .............................................................................Page 141 Communication to Secretary regarding vote on HB 1138 ..........................................................................Page 500 Communication to Secretary regarding vote on SB 485 ...........................................................................Page 1147 Oath of office administered by Supreme Court Chief Justice Robert Benham ......................................Page 104 Committee assignments ...................................................................................................................................Page 104
SENATOR THOMPSON; communication regarding attendance of Joint Session ................................Page 98
SENATOR WILLIAMS Absence from Morning Roll Call explained .................................................................................................Page 431 Absence from Morning Roll Call explained ...............................................................................................Page 1500 Communication to Secretary regarding vote on Local Calendar ...............................................................Page 174 Communication to Secretary regarding vote on engrossment of SB 390 ...............................................Page 175 Communication to Secretary regarding vote on SR 407 ............................................................................Page 176 Communication to Secretary regarding vote on HB 1162 .........................................................................Page 914
SENIOR CITIZENS (See Elderly)

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2775

SENIOR GEORGIANS WEEK AT THE CAPITOL; observance...........................................................SR 418
SENOIA, CITY OF; new charter.....................................................................................................................HB 1477
SENTENCE AND PUNISHMENT Capital Crimes; death penalty sentences; execution by lethal injection....................................................HB 1284 Capital Death Penalty by Electrocution or Lethal Injection...........................................................................SB 337 Crimes Against Victims Selected Because of Bias or Prejudice...................................................................SB 390 Crimes Involving Marijuana or Counterfeit Substances and Possession of Firearm or Knife.................SB 450 Criminal Offenses Involving Carrying or Possession of Firearms and Weapons......................................SB 466 Drug Trafficking Convictions; when no appeal bond shall be granted.......................................................HB 500 Felony Trials of Chronic Drug Users; determination of punishment...........................................................SB 488 Fraud or Abuse of Victims Over Age 65; increase punishment....................................................................SB 186 Hard Time for Violent Felons Act; imprisonment term not reduced; no parole or early release............SB 476 Misdemeanor Offenses; probated or suspended sentences; supervision of probationers.........................SB 474 Offense of Aggravated Sodomy; sexual acts with a child under age 10 years........................................HB 1240 Offense of Obscene Telephone Contact With a Child; penalties.................................................................HB 712 Offenses of Prostitution, Pimping or Pandering; change penalties...............................................................SB 326 Parties to Crimes Committed by Juveniles; additional imprisonment............................................................SB 71 Persons Convicted Unlawful Use of Public Safety Department Badges.....................................................SB 155 Probationers; misdemeanor or felony offenders; supervision.......................................................................SB 474 Punishment for Crimes; Injury or Death of Law Enforcement , Firefighter or EMS Personnel. ............SB 120
SENTER, ANDREW HUDSON; Eagle Scout; commend.............................................................................SR 631
SERED, DANIELLE, RHODES SCHOLAR; congratulate........................................................................SR 565
SEWERAGE, SEPTIC TANKS (Also See Waste Management) Counties, Municipalities; water or sewer systems; operation by private entities; contracts.................HB 1404 Eminent Domain Powers for Certain Utilities; procedures; consent............................................................SB 343 Eminent Domain Powers; property for sewage treatment and disposal.......................................................SB 339 Site Suitability; qualified evaluators; County Boards of Health enforcement staff supervision...............SB 30 Solid Waste Disposal Facilities; standards; compliance time frame............................................................SB 468 Wastewater Treatment Facility Bypasses; sewer connection moratorium. .................................................SB 121 Water and Waste-water Systems; leases, contracts; private entities............................................................SB 448 Water and Wastewater Treatment Plant Operators and Lab Analysts; State Board. .............................HB 1251 Water Management; public-private partnership options; study issues.........................................................SR 175
SEXUAL OFFENSES Abused Children; committee to study the traumas of abuse..........................................................................SR 655 DNA Analysis of All Convicted Felons for Law Enforcement Purposes...................................................SB 318 Electronic Surveillance, Interception of Communications or Monitoring Persons Under
Emergency Conditions...................................................................................................................................HB 1576 Nude Dancing Clubs; location restrictions; distance requirements ..............................................................SB 321 Obscenity Offenses Related to Minors; obscene telephone contact............................................................HB 712 Offense of Aggravated Sodomy; acts with a Child victim under age 10 years.......................................HB 1240 Offenses Against Children Under Age 16; admissible evidence. .................................................................SB 214
SHACKELFORD, WAYNE; Georgia DOT Commissioner; commend .....................................................SR 675
SHAKIRA STADIUM; commend ......................................................................................................................SR 785
SHANTEAU, ERIC; Gwinnett Daily Post's Boys Co-Swimmer of Year; commend................................SR 820
SHARHONDA STADIUM; commend..............................................................................................................SR 784

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2776

JOURNAL OF THE SENATE

SHATTO, DR. GLORIA; in remembrance. .....................................................................................................SR 469
SHELLMAN, CITY OF; new charter.............................................................................................................HB 1733
SHEPPARD, HEATHER; 4-H Leadership; commend ..................................................................................SR 431
SHERIFFS (Also See Law Enforcement) Duties; cash bonds; interest-bearing accounts; Indigent Defense..............................................................HB 1157 Local Law Enforcement Salaries, Benefits; urge review, studies.................................................................SR 769 Record-keeping; automated or computerized methods; security.................................................................HB 235 Retirement Fund; dues and monthly benefit payments; spouses' survival option.....................................HB 393 Services Performed for Municipal Courts; fees ............................................................................................HB 1486
SHOPLIFTING, THEFT BY Cheating or Defrauding Retail Merchants; fraudulent sales receipt or product bar code. .................SB 307 Criminal Offenses; felonies or misdemeanors; unlawful acts.......................................................................SB 307 Misdemeanor Violations; prosecution in Magistrate Courts........................................................................HB 304
SHORT, COY; Georgia National Guard service; commend ..........................................................................SR 413
SILVER-HAIRED LEGISLATURE; commend............................................................................................SR 454
SIMS, REV. JAMES H. JR.; recognizing ........................................................................................................SR 679
SKI AREA SAFETY ACT; Ski Area Operators, Skiers, Competitors; snow skiing safety...................HB 517
SLAPPEY, PAMELA CORN; University System Academic Scholar........................................................SR 741
SMALL BUSINESSES Linked Deposit Loan Programs; low interest rates; study committee..........................................................SR 351 Regulatory Reform Act; limit economic impact on businesses......................................................................SB 78
SMITH, FRED JR.; 4-H Leadership; commend..............................................................................................SR 428
SMITH, GEORGE T.; Former Lieutenant Governor; recognize ................................................................... Page 3
SMITH, LAWTON C. JR. OF THUNDERBOLT; commend....................................................................SR 602
SMITH, RANKIN Name Highway Interchange to Honor; Hall County....................................................................................HR 1231 Name Highway Interchange in Hall County to honor ....................................................................................SR 653
SMOKING (See Tobacco Products)
SMYRNA, CITY OF Ad Valorem Taxes; homestead exemption ....................................................................................................HB 1713 Smyrna Revitalization Authority; create........................................................................................................HB 1429
SOCIAL SECURITY; Medicare Supplement Insurance; definitions; creditable coverage...................... HB 94
SOCIAL SERVICES (Also See Human Resources or Public Assistance) Abuse and Exploitation of Elderly Persons Investigations; training............................................................SB 407 Child Care Facilities; no smoking signs............................................................................................................SB 380 Children; Georgia Mentoring Act of 2000; enact............................................................................................SB 290 Criminal Misconduct Involving a Child; Office of Child Advocate investigations...............................HB 1422 DFACs; directors; removal for cause; issue report on child protective services.....................................HB 1406

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INDEX

2777

SOCIAL SERVICES (Continued) Disabled Adults, Elder Persons; abuse, neglect protective services.............................................................SB 199 Emotionally Disturbed Children; trust fund; sale of license plates..............................................................SB 272 Foster or Adoptive Home Selection; conviction data on adult persons.......................................................SB 102 Juvenile Justice Department; vocational education program. ........................................................................SB 410 Medicaid; payment of inpatient hospital claims ..............................................................................................HB 631 PeachCare for Kids Program; health care benefit eligibility; raise income level....................................HB 1214 Rural Non-emergency Transportation; health care provider contracts..........................................................SB 89 TANF; eligibility; applicant fingerprint identity verification........................................................................SB 212

SOCIAL WORKERS (See Counselors or Professions)
SODOMY, OFFENSE OF (Also See Sexual Offenses) Offense of Aggravated Sodomy; sexual acts involving a child under age 10..........................................HB 1240
SOLBRIG, RICHARD E.; University System Academic Scholar...............................................................SR 739
SOLICITORS Regulate persons who solicit contributions on behalf of charitable organizations....................................SB 499 Telephone; violations; conceals or misrepresents identity or phone number...........................................HB 1492 Telemarketing Sales Solicitations; require caller identity; prohibit blocking caller ID....................HB 542
SOLID WASTE (See Waste Management or Hazardous Materials)
SOUTH FORSYTH HIGH SCHOOL CHEERLEADERS; commend ...................................................SR 651
SOUTH FULTON COUNTY; Municipal Regional Water and Sewer Authority..................................HB 1421
SOUTH FULTON COUNTY LEGISLATIVE DAY; recognizing ...........................................................SR 506
SOUTHERN BEVERAGE PACKERS, INC.; commend............................................................................SR 627
SPACE-BASED TELECOMMUNICATIONS; EMERGING AEROSPACE; study commission. ...SR 15
SPALDING COUNTY Property Conveyance; easement; Plantation Pipe Line Company................................................................SR 516 State Court; election of full-time judge ..........................................................................................................HB 1564

SPEED REGULATIONS Certain Speeding Offenses Not Handled by Traffic Violations Bureau.....................................................HB 423 Highway Work Zones; speed restrictions; posted signage; fines..................................................................SB 419 Radar Speed Detection Devices; use in marked historic districts................................................................HB 865 Traffic-Control Signal Monitoring Devices; violations evidence; recorded images; enforcement.........SB 123 Violations; limited driving permits for certain offenders.................................................................................SB 40 Violations; revoked drivers' licenses; limited driving permits.......................................................................... SB 8
SPRUILL, CAROL; commend ...........................................................................................................................SR 581
ST. PATRICK'S DAY COMMITTEE, CHAIRMAN, GRAND MARSHAL; recognize ...................SR 629
ST. SIMONS ISLAND; Coastal Tourism Study Committee; create ............................................................SR 770
STAGGERED TAG SALES (See Motor Vehicles or License Plates)

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2778

JOURNAL OF THE SENATE

STALKING, CRIME OF Employees Experiencing Violence or Threats in Workplace; restraining orders....................................HB 1275 Family Violence; workplace violence or threats; restraining orders............................................................SB 486 Harassing or Intimidating Communications or Broadcasts Using Computer Networks or Other Electronic Media. .................................................................................................................................HB 1097 Protective Restraining Order; situations constituting contempt...................................................................HB 642
STAPLETON, CITY OF; new charter...........................................................................................................HB 1344
STATE AGENCIES Art in State Buildings; Georgia Art Policy Committee created..................................................................HB 1197 Boards, Commissions; members; exempt Defined Contribution Plan......................................................HB 1148 Childhood Care and Education; state goals; expected results......................................................................HR 851 Childhood Care and Education; state policy goals; urge compliance...........................................................SR 480 Childhood Care; state funded education programs; policies; goals..............................................................SR 788 Councils, Commissions, Boards, Committees; study review process..........................................................SR 152 Decentralization; blue ribbon legislative commission to study.....................................................................SR 490 Department of Motor Vehicle Safety; creation; transfer agency functions..............................................HB 1441 Documents, Publications in Electronic Form to University of Georgia Libraries ..................................HB 1358 Documents Required to Be Received or Filed; determination of dates on which delivered or filed......SB 436 Duties; personnel management policies; develop annual work force plan...............................................HB 1314 Electronic Technology; pilot projects; authorization......................................................................................SB 465 Employee Involuntary Separation Benefits; Taxpayers' Pension Advocate............................................HB 1285 Employee Labor Organizations; encourage open access to management...................................................SR 100 Employees; adequate staff training; committee to study efficiency.............................................................SR 180 Employees; adopt policy to allow telecommuting from home. .....................................................................SB 305 Employment Tests; public access to individual records.................................................................................SB 409 Ethics; former officials, General Assembly members; restrictions; communications or appearances
to influence proceedings.....................................................................................................................................SB 33 Georgia-Federal Inspection Service; State Employees' Health Insurance................................................HB 1379 GeorgiaGain Employee Evaluation System; urge appeals procedure..........................................................SR 630 Juvenile Court Intake and Probation Services; transferred county employees; merit system ...............HB 892 Lobbying Practices; prohibit use public funds to pay for services..............................................................HB 720 Motor Vehicles; identifying markings; mileage allowance for use of personal vehicle...........................HB 648 Motor Vehicles; urge purchase vehicles produced at Georgia plants...........................................................SR 669 Notices by Certified Mail or Statutory Overnight Delivery...........................................................................SB 436 Privatization Contracting; specify conditions; employee positions..............................................................SB 271 Professional Licensing Boards Division Within Office of Secretary of State Created............................HB 734 Regulatory Reform; limit economic impact on business and consumers......................................................SB 78 Revenue Department; receipt of certain moneys; deposit deadline.............................................................HB 222 Rules, Regulations; time limits for giving notices; publication.....................................................................SB 439 State Records Management Committee; Secretary of State appointee.....................................................HB 1363 State Regulatory Responsibility Act; federal mandates; guidelines.............................................................SB 394
STATE AUDITOR; Nomination and Election of Russell Hinton.............................................................HR 1351
STATE COURTS Appeals; powers of courts to correct errors and grant new trials..................................................................SB 228 Bail Penalty Imposed for Jails; compensation of judges; cities of 300,000 or more .............................HB 1372 Interpreter Certification, Training, Testing; multi-state consortium..........................................................HB 1158 Judges; change residency requirements.............................................................................................................SB 449 Judges; eligibility; practice of law experience requirement..........................................................................HR 268 Judges; qualifications; change experience required for office......................................................................HB 552 Judicial Assistance; senior, retired or part-time judges; compensation....................................................HB 1574 Officers, Employees, Secretaries; prior service credit under Employees' Retirement System. ..............HB 988 Probation; privatized services; termination of contracts .............................................................................HB 1414

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INDEX

2779

STATE DEBT; Construction Contracts; building materials; non-applicable local taxes.......................HB 1246
STATE DEFENSE FORCE (See Military Affairs or National Guard)
STATE EMPLOYEES (Also See Public Officers and Employees or Merit System) Employees Subject to Privatization Contracting..............................................................................................SB 271 Front-line Health Care Workers; infectious materials; exposure incidents..............................................HB 1448 Georgia Defined Contribution Plan; exempt certain persons.....................................................................HB 1148 GeorgiaGain Employee Evaluation System; urge appeals procedure..........................................................SR 630 Health Insurance Fund; supplemental funding..............................................................................................HB 1161 Health Insurance Plan; compliance; Administrative Procedure Act............................................................HB 668 Health Insurance Plan; coverage; optional plans as alternatives...................................................................SB 388 Health Insurance Plan; include annuitants under Judicial Retirement........................................................HB 566 Health Insurance Plan; inclusion of Georgia-Federal Inspection Service.................................................HB 1379 Health Insurance Plans; coverage of Local Boards of Education..................................................................... SB 5 Hotel-Motel Excise Taxes; exemption; traveling on official business.....................................................HB 1186 Labor Organizations; urge state agencies facilitate communications...........................................................SR 100 Liens Against Property of an Employee Based on Performance of Duty.................................................HB 1601 Merit System; personnel management policies; annual state work force. ................................................HB 1314 Mileage Allowance for Use of Personal Vehicles; increase amount...........................................................HB 648 Patient Information Obtained from Pharmacies; confidentiality..................................................................HB 819 Public Employees Labor Relations Act; enact.................................................................................................SB 494 Retirement; board of trustees; voting, nonvoting members...........................................................................SB 422 Retirement; membership options; certain persons changing state positions..............................................HB 764 Retirement; creditable service; prior military duty; teaching service during Vietnam Conflict..............SB 147 Retirement; creditable service; service during military draft...........................................................................SB 45 Retirement; increased benefits; restrictions; involuntary separation............................................................SB 421 Retirement; prior service credit; district attorney investigator.....................................................................HB 654 Retirement; prior service credit; specifically recruited employees...............................................................SB 265 Retirement; repeal a tax exemption; DOT, DMVS enforcement officers age.........................................HB 1457 Retirement ; transfer of contributions to Judicial Retirement.......................................................................HB 543 Retirement; transfer from District Attorney's Retirement System. ............................................................HB 1046 Retirement; transfer of service credits; employment changes......................................................................HB 999 State Employment; involuntary separation benefits; taxpayer advocate.....................................................SB 423 State Government Effectiveness and Efficiency Study Committee..............................................................SR 180 State Highway Employees Killed or Disabled; indemnification...................................................................SR 519 State Personnel Oversight Commission; membership; terms........................................................................SB 463 Statewide Juvenile Court Intake and Probation Services System; transferred county employees; merit system classification.........................................................................................................HB 892 Taxpayers' Pension Advocate to Review Involuntary Separation Benefits..............................................HB 1285 Telecommuting from Home; state agencies adopt policy to encourage......................................................SB 305 Workers Compensation Coverage; National Guard and State Defense Force.........................................HB 1391
STATE GOVERNMENT (Also See Individually Named State Agencies) Agencies; actions causing reduced property values; owner's rights.............................................................SB 478 Appropriations; funds for World War II Memorial in Washington...........................................................HB 1144 Appropriations, General SFY 2000-2001.......................................................................................................HB 1160 Appropriations; restrict amendments to General Acts; specify funding......................................................SR 451 Appropriations; supplemental funding; health insurance plans .................................................................HB 1161 Appropriations, Supplemental 1999-2000; reallocate funds.......................................................................HB 1162 Art Policies for Capitol and Governor's Mansion; committee to study......................................................HR 330 Blue Ribbon Commission on State Government Decentralization...............................................................SR 490 Boards, Commissions; members; exempt Defined Contribution Plan......................................................HB 1148 Boards, Commissions or Committees; compensated lobbyist ineligible membership..............................SB 384 Budget Appropriation; administration fees; Category I Dam owners.........................................................HB 564 Capitol Education Center; designate the Hooks-Coleman Auditorium..........................................................SR 87

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2780

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued) Childhood Care and Education; state policy goals; urge compliance...........................................................SR 480 Childhood Care, Education Programs; state goals; expected results...........................................................HR 851 Childhood Care; state funded education programs; policies; goals..............................................................SR 788 Claims Against the State; Anthony S. McCoppin; compensate.................................................................HR 1050 Claims Against the State; Calvin C. Johnson, Jr.; compensate..................................................................HR 1053 Claims Against the State; Ellmer Clyde Little; compensate.........................................................................HR 875 Claims Against the State; filing with Claims Advisory Board; introduction of compensation
resolutions. ........................................................................................................................................................HB 815 Claims Against the State; Robert Sanford; compensate................................................................................HR 976 Claims Against the State; Shirley Free; compensate. ....................................................................................HR 874 Committee for Celebration of 250 Years of Representative Government................................................HR 1208 Corrections Department; commissioner; acceptance of gifts, donations, bequests, property
on behalf of department.....................................................................................................................................SB 489 Councils, Commissions, Boards, Committees; review committee. ..............................................................SR 152 Department of Motor Vehicle Safety, Board, Office of Commissioner Created.....................................HB 1441 Documents, Publications in Electronic Form to University of Georgia Libraries ..................................HB 1358 Employee Labor Organizations; encourage open access to management...................................................SR 100 Employees; adequate staff training; committee to study efficiency.............................................................SR 180 Employees; involuntary separation benefits; Taxpayers' Pension Advocate...........................................HB 1285 Employees Retirement; benefit restrictions; involuntary separation............................................................SB 421 Employees Retirement; board of trustees; voting, nonvoting members.......................................................SB 422 Employment Tests; public access to individual records.................................................................................SB 409 Ethics in Government Act; candidates for public office; prohibited conduct.............................................SB 372 Ethics in Government; former officials, General Assembly members; prohibited conduct.......................SB 33 Ethics Laws; mandatory training session for General Assembly ..................................................................SB 520 Georgia Agricultural Facilities Authority; grants, loans, bonds...................................................................SB 251 Georgia Commission on Women; staggered terms; absences; residency...................................................HB 658 Georgia Housing and Finance Authority; scope of operations; financing of business enterprises.........SB 400 Georgia Information Technology Policy Council; successor Authority......................................................SB 465 Georgia Sports Hall of Fame Authority; increase membership.......................................................................SB 76 Georgia Technology Authority; establish; create GeorgiaNet Division......................................................SB 465 Georgia Youth Legislature; create; effective upon funding...........................................................................SR 187 GeorgiaGain Employee Evaluation System; urge appeals procedure..........................................................SR 630 Jurisdiction of the State; doctrine of forum non conveniens.........................................................................SB 124 Laws, Statutes, Ordinances, Rules, Regulations; notices by certified mail or statutory
overnight delivery.............................................................................................................................................SB 436 Liens Against Property of Officials, Employees Based on Performance of Duty...................................HB 1601 Merit System; personnel management policies; annual work force plan..................................................HB 1314 Metropolitan Area Planning and Development Commissions; membership ..............................................SB 369 Mileage Allowance; officials, employees using personal motor vehicle....................................................HB 648 Motor Vehicles; local or state owned; identifying markings........................................................................HB 648 Motor Vehicles; urge purchase vehicles produced at Georgia plants...........................................................SR 669 Multi-state Agreement; Consortium for State Court Interpreter Certification.........................................HB 1158 OCGA Code Revisions and Modernizations; reenact statutes...................................................................HB 1262 Office of Treasury and Fiscal Services; powers; investment of public funds..........................................HB 1508 Official Gardens and Nature Centers of Georgia; designate.......................................................................HB 1322 Official State Museum; Ralph Mark Gilbert Civil Rights Museum. ............................................................SB 224 Official State Repository; designate Georgia Aviation Hall of Fame............................................................ HB 76 Official State Transportation History Museum; Southeastern Railway Museum in Duluth...................HB 361 Old Governor's Mansion; Historic Preservation Stewardship Policy; Joint Committee to Study...........SR 783 OneGeorgia Authority Act; rural economic development; public financing; tobacco lawsuit
settlement funds..................................................................................................................................................SB 398 Personnel Board; health plan changes; Administrative Procedure. .............................................................HB 668 Political Advertisements; identity of person purchasing.............................................................................HB 1361 Privatization Contracting; specify conditions; employee positions..............................................................SB 271

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2781

STATE GOVERNMENT (Continued) Privatized Detention Facilities; housing of out-of-state prisoners...............................................................HB 456 Property Conveyance; acreage off Lakewood Freeway; convey Atlanta....................................................SR 628 Property Conveyance; Emanuel, Floyd and Gordon Counties...................................................................HR 1081 Property Conveyance; Goodwill Industries; Chatham County....................................................................HR 956 Property Conveyance; Lorenzo Benn YDC Campus; Fulton County.........................................................HR 956 Property Conveyance; surplus Hall County Regional YDC property.........................................................HR 878 Public Buildings Paid for by the Taxpayers; placement of plaques.............................................................. HB 87 Public Employees Labor Relations Act; enact.................................................................................................SB 494 Public Information; official list; named roads, bridges, interchanges.......................................................HB 1153 Public Records; exception to disclosure; personnel files..................................................................................SB 21 Public Retirement Systems Funding Standards; federal compliance...........................................................HB 616 Public Retirement Systems Investment Authority Law; enact.....................................................................HB 617 Regional Development Centers; ratify certain boundary transfers..............................................................HR 121 Revenue Collections; state surplus; revenue shortfall reserve amount.....................................................HB 1671 Revenue; tax payments, other moneys received; deposit deadline..............................................................HB 222 Soil and Water Conservation Districts; restrict liability; easement violations .......................................HB 1464 State Agencies or Officers; rules or regulation notices; time limits; print or electronic publications....SB 439 State Agencies; prohibit use public funds for lobbyist services...................................................................HB 720 State Agencies; Regulatory Reform Act of 1999...............................................................................................SB 78 State Auditor; nomination and election of Russell Hinton..........................................................................HR 1351 State Board of Technical and Adult Education; members; expense allowances.....................................HB 1230 State Capitol Art Collection; review and management committees..........................................................HB 1197 State Community Development Program; assistance to Local Government............................................HB 1413 State Debt; construction contracts; non-applicability of local sales tax. ...................................................HB 1246 State Employees' Health Insurance Plan; coverage; optional plans.............................................................SB 388 State Employees, Officials Traveling on Official Business; exempt hotel-motel excise tax. ...............HB 1186 State Employees; telecommuting from home...................................................................................................SB 305 State Employment; involuntary separation benefits; reviews........................................................................SB 423 State Entities; inventory leased building space; submit legislature. ............................................................HB 630 State Flag; change design; remove Confederate Battle Flag portion............................................................SB 420 State Government Space Management; location preferences; most economically depressed areas....HB 1135 State Law Library; official repository for Local Ordinance Codes and Resolutions................................SB 295 State Personnel Oversight Commission; membership; terms........................................................................SB 463 State Property; prohibit naming any living elected public official................................................................SB 183 State Public Transportation Funds; allocation among congressional districts.........................................HB 1553 State Records Management Committee; Secretary of State appointee.....................................................HB 1363 State Regulatory Responsibility Act; federal mandate; guidelines...............................................................SB 394 State Service Delivery Regions; reclassify certain counties.........................................................................HB 755 Tax Policy, Laws; research projects; access to confidential information.................................................HB 1577 Vending Facility Sites for Blind Persons or Persons With Disabilities......................................................HB 172
STATE LAW LIBRARY; official state repository for codification of local ordinances.........................SB 295
STATE PATROL (See Public Safety or Law Enforcement)
STATE PROPERTIES COMMISSION (See Property Conveyances or State Government)
STATE SYMBOLS Official State Museum; Ralph Mark Gilbert Civil Rights Museum. ............................................................SB 224 Official Transportation History Museum; Southeastern Railway Museum. ..............................................HB 361 State Flag; change design; remove Confederate Battle Flag portion .........................................SB 420
STATE TROOPERS (See Public Safety)
STATESBORO, CITY OF; Officers; terms; vacancies; quorum; city manager; municipal judge .....HB 1460

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2782

JOURNAL OF THE SENATE

STATHAM, SOMMER; 4-H Leadership; commend......................................................................................SR 429 STEINER, DEBBIE; commend ..........................................................................................................................SR 560 STEWART COUNTY; Magistrate Court; chief magistrate election; terms; personnel........................HB 1082 STOCK, LISA; State Patrol Trooper First Class; commend ..........................................................................SR 533 STOCKBRIDGE, CITY OF; Governing Authority; terms of office........................................................HB 1442 STONE MOUNTAIN FREEDOM BELL; recognize ...................................................................................SR 657 STONE MOUNTAIN MEMORIAL ASSOCIATION; powers; park police..........................................HB 449 STREET GANGS ; Juvenile Gangs; General Assembly Commission to Study Issues.............................SR 491 STRICKLAND, REVEREND DOCTOR ELLIOTT LUIS ; commend...................................................SR 827 STRIPLING, P.V.; designate memorial highway to honor; Metter..............................................................SR 137 STROKE PREVENTION AND TREATMENT; encourage public awareness ......................................SR 186 STUCCO BILL; synthetic exterior siding; recovery of damages to a dwelling; time limitations..........HB 837 STUCKEY, WILLIAMSON S., SR.; name highway in Dodge County to honor. ...................................SR 638 STUDENTS AND TEACHERS RIGHT TO SAFE SCHOOL HEALTH ACT .......................SB 244 STUDY COMMITTEES (See Committees, Study) SUGAR HILL, CITY OF; change corporate limits .......................................................................................HB 981 SUMTER COUNTY Americus-Sumter County Airport Authority; create....................................................................................HB 1632 Americus-Sumter County Parks and Recreation Authority; create ...........................................................HB 1633 Southwest Georgia Railroad Excursion Authority Law...............................................................................HB 1654

SUPERIOR COURTS (Also See Courts or Judicial Circuits) Appeals; powers of courts to correct errors and grant new trials..................................................................SB 228 Bail; jurisdiction; cases involving trafficking in Methamphetamine...........................................................HB 408 Civil and Criminal Cases; information in electronic format, media. ............................................................SB 176 Clerks; computerized real estate indices; printed copies for public.............................................................HB 597 District Attorneys; employment of assistants, investigators, staff................................................................SB 346 Flint Judicial Circuit; judges, DAs; county salary supplement......................................................................SB 161 Judicial Hearings; tax foreclosure sales; contents of the order....................................................................... HB 36 Jurisdiction; offense of arson in 1st degree committed by juveniles............................................................SB 203 Jury Clerks and Other Court Personnel; Counties of 600,000 or More........................................................SB 501 Juveniles Committing Specified Crimes; court jurisdiction; penalty...........................................................SB 416 Petitions Seeking Mediation of City and County Service Delivery Strategies........................................HB 1430 Secretaries Employed by Judges and District Attorneys; retirement; prior service credit.......................HB 988 Sheriffs; duties; record-keeping; automated or computerized methods......................................................HB 235 Terms; Randolph County, Brooks County; change date of term..................................................................HB 811 Towaliga Circuit; change terms; Butts, Lamar and Monroe Counties ......................................................HB 1171 Towaliga Judicial Circuit; create new circuit....................................................................................................SB 219 Trials; defense or claims; nonpayment Municipal Court costs, fines...........................................................SB 371

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INDEX

2783

SUPREME COURT Authority; Adopt Rules Governing Standard Forms Used by Probate Courts........................................HB 1428 Authority; Consortium for State Court Interpreter Certification................................................................HB 1158 Chief Justice Robert Benham; address General Assembly Joint Session...................................................HR 746 Terms of Court; change beginning and ending dates.....................................................................................HB 804
SURETY BONDS Agricultural Product Dealers; requirements.....................................................................................................SB 331 Bond for the Punitive Damages Portion of a Civil Judgment; appeals........................................................SB 487 Dangerous Dogs; owner requirements; amount of insurance or bond........................................................HB 935 Motor Common Carriers; certificate of insurance; filing with PSC.............................................................SB 451 Out-of-State Bail Jumping to Avoid Court Appearance; penalty.................................................................SB 415 Property Insurers; covered major appliance repairs; bonds; contracts......................................................HB 1381 Sureties on Criminal Bonds; fees; change amount may charge....................................................................HB 337
SUTTON, PASTOR GREGORY ANTHONY; honoring............................................................................SR 795
SUWANEE, CITY OF; Corporate Limits; annex certain property ...........................................................HB 1683
SWILLEY, BISHOP JIM EARL; commend ..................................................................................................SR 597
SWIMMING POOLS; Health and Safety Regulations; Michelle's Law.......................................................SB 30
SWINE Water Quality Rules Affecting Agriculture; Advisory Committee. ..........................................................HB 1180 Hog Processing Plants; reduce odorous gases and vapors ............................................................................ HB 650

T TALBOT COUNTY; Superior Court; additional judge...............................................................................HB 1425
TALLAPOOSA JUDICIAL CIRCUIT; Superior Court; additional judge............................................HB 1425
TANF, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES ACT (Also See Public Assistance) Applicant Eligibility; identity verification; fingerprint imaging...................................................................SB 212 Childhood Care; state funded education programs; policies; goals..............................................................SR 788
TANKERSLEY, B. EDWARD; name Memorial Bridge to honor; Columbia County...........................HR 882
TATE, DR. HORACE E.; name Freeway to honor; Fulton County............................................................SR 542 TATTNALL COUNTY; State Service Delivery Regions; change Region................................................HB 755

TAX COLLECTORS, COMMISSIONERS Ad Valorem; county school tax collections; distribution schedule..............................................................HB 518 Ad Valorem Tax Digests; assessments under appeal or arbitration..............................................................SB 340 County Boards of Tax Assessors; performance review; grounds for removal.........................................HB 1296 Intangible Recording Tax; collecting officers; reports; distributions........................................................HB 1310 Tax Assessors; county board members; removal for cause; vacancies.....................................................HB 1224 Tax Digest Compilation; valuation of motor vehicles, mobile homes........................................................HB 167 Tax Digests; property assessments; revise methods to determine................................................................HB 523 Tax Executions; disputed Ad Valorem Tax Obligations; verification.........................................................SB 352 Tax Foreclosure Sales; judicial orders; easements, rights of way.................................................................. HB 36

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2784

JOURNAL OF THE SENATE

TAX EXECUTIONS Delinquent Taxpayers; transfer of liens, deeds................................................................................................SB 169 Disputed Ad Valorem Tax Obligations; verification; resolution..................................................................SB 352 Equities of Redemption Following Tax Sales; removal of clouds on title. ..............................................HB 1354 Municipal Courts; filing for nonpayment of court costs or fines..................................................................SB 371 Notices of Levy on Land; authorize statutory overnight delivery.................................................................SB 436 Property Being Sold for Taxes; advertisements; method of describing....................................................HB 1354 Tax Foreclosure Sales; judicial orders; easements, rights of way.................................................................. HB 36
TAXATION (See Revenue and Taxation)
TAXICABS; Self-insurers Located Certain Counties; certificate of insurance..........................................HB 809
TAYLOR COUNTY; Superior Court; additional judge. .............................................................................HB 1425
TEACHERS (Also See Education) Arrest Warrants; alleged offenses committed in performance of duty...........................................................SB 27 Certificated or Classified Employees; grounds for termination....................................................................SB 274 Certification Requirement for Grades K-3; courses to teach reading..........................................................SB 182 Contracts; notices by certified mail or statutory overnight delivery.............................................................SB 436 Duty-free Lunch Period; grades K-5; remove certain limitation...................................................................SB 194 Grades K-3 Instructional Period; maximum student-teacher ratio................................................................SB 250 Insuring Public School Personnel From an Act of Violence in Line of Duty and
Special license plate to honor Educators...................................................................................................HB 1388 PROMISE Teacher's Scholarships; eligibility; lower grade point average..............................................HB 1619 Public School Teachers Killed or Injured in Line of Duty; indemnification; license plates to honor...HR 971 Remedial Education Services; funding for school social workers................................................................SB 101 Renewable Certificates at 4 and 5-year levels; alternative certification program. .....................................SB 336 Retirement; creditable service; independent school system employees.......................................................SB 187 Retirement; service credit; postgraduate study interrupted by active military service.............................HB 908 Retirement; service credit; prior work with at-risk children............................................................................SB 46 Retirement System; revoke certain authority of Board of Regents..............................................................SB 411 Retirement; Transfer of Service Credits; changes in employment...............................................................HB 999 Students Who Commit Act of Violence Against a Teacher; punishment....................................................SB 401 Teacher Morale Study Committee......................................................................................................................SR 618

TECHNICAL AND ADULT EDUCATION Georgia Military College; budget requests; appropriation of funds............................................................HB 840 Disbursement of Funds; cooperative library projects with Department of Archives and History..........HB 576 Joint Task Force on Technology Disparities in Telecommunications.........................................................SR 626 Seed-Capital Fund; investment partnerships; Advanced Technology Development Center.................HB 1629 Special School District; Juvenile Justice Department.....................................................................................SB 410 State Board; operation of driver education or driver training school. ..........................................................SB 528 State Board; members; expense allowance; travel cost reimbursement....................................................HB 1230 Transfer Functions Relating to Public Libraries to Board of Regents......................................................HB 1187
TELECOMMUNICATIONS (Also See Public Utilities or Electronic) Drivers Using Cellular Mobile Telephones; urge use good judgment.........................................................SR 611 Electronic Surveillance, Interception of Communications or Monitoring of Persons
Under Certain Conditions; warrants; disclosure........................................................................................HB 1576 Employees Experiencing Threats of Violence in Workplace; restraining orders....................................HB 1275 Georgia Technology Authority; establish; create GeorgiaNet Division......................................................SB 465 Income Tax Credit in Certain Counties to Induce Creation of More Jobs...............................................HB 1509 Joint Task Force on Technology Disparities in Telecommunications.........................................................SR 626 Mobile Telephones; drivers using while vehicle in motion prohibited........................................................SB 298

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2785

TELECOMMUNICATIONS (Continued) Offense of Stalking; harassing or intimidating communications or broadcasts using computer
networks or other electronic media. .............................................................................................................HB 1097 School Buses; require live communications devices for drivers...................................................................SB 458 Space-based Telecommunications, Emerging Aerospace; study commission.............................................SR 15 Telemarketing Sales Solicitations; conduct of callers; prohibit electronic blocking of caller ID...........HB 542 Telephone Conversations of a Child; interception or recording; concern for child's safety or welfare..SB 414 Telephone Service; proposed reconfiguration of toll-free calling areas subject review by PSC;
public comment.................................................................................................................................................HB 507 Telephone Solicitation; prohibitions not applicable insurance or real estate salespersons.....................HB 432 Telephone Solicitors; violation; conceals or misrepresents identity or number. .....................................HB 1492 Telephones; Offense of Obscene Telephone Contact With a Child.............................................................HB 712 Telephonic or Electronic Conversations; parents concerned child may be victim of criminal conduct
admissible recordings........................................................................................................................................SB 387 Wireless Telephones; encourage responsible use while driving...................................................................SR 650
TELEMARKETING (Also See Solicitors) Promotional Offers; unfair practices; requiring payment of fees.................................................................HB 467 Sales Solicitation Callers Required Identify Business Name, Telephone Number or Address;
Prohibit electronic blocking of caller ID.......................................................................................................HB 542 Telephone Solicitation Prohibitions Not Apply Insurance or Real Estate Salespersons.........................HB 432
TELFAIR COUNTY; Board of Commissioners; compensation;..............................................................HB 1752
TERRELL COUNTY; Designate; Kennedy Bridge over Bear Creek. ........................................................SR 515
TERRELL PETERSON ACT; enact................................................................................................................SB 315
TEXTILE MANUFACTURERS ASSOCIATION 100TH ANNIVERSARY; commend...................SR 649
THARPE, JESSICA; University System Academic Scholar.........................................................................SR 743
THEFT Crimes Against the Elderly or Disabled; fiduciary or bank employee.........................................................SB 407 Shoplifting, Cheating or Defrauding Retail Merchants; fraudulent sales receipts or product bar codes;
Multiple offenses................................................................................................................................................SB 307 Stolen or Converted Boats or Outboard Motors; proof of ownership..........................................................SB 114
THERAPISTS (Also See Psychotherapy and Professions) Communicating Threats of Physical Violence Made by Patients.................................................................SB 495 Marital Counseling; Covenant Marriage Act....................................................................................................SB 191 Marriage and Family Therapists; specialty panels on state board................................................................SB 457 Mental Health Therapists; licensure; state board membership......................................................................SB 249 Physical Therapy and Physiotherapy; scope of practice...................................................................................SB 25 Professional Counseling in Privately Owned Correctional Facilities...........................................................SB 516
THOMAS COUNTY Ad Valorem; county, school, municipal taxes; homestead exemption......................................................HB 1242 Designate; Marguerite Neel Williams Memorial Highway...........................................................................HR 928
THOMAS, CURTIS ; commend..........................................................................................................................SR 465
TICKET SCALPING; Ticket Brokers Reselling Admission Tickets; requirements; prohibited conduct; service charges; charity fundraising..............................................................................................HB 331
TIFTON, CITY OF AND TIFT COUNTY; commend.................................................................................SR 520

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2786

JOURNAL OF THE SENATE

TIMBER Forest Products Industry; Sustainable Forestry Initiative; commend...........................................................SR 619 Trespassers; timber cut and carried away; recoverable damages..................................................................SB 538
TIME-SHARE ACT; Delivery of Notices Relating to Time-shares............................................................SB 436
TOBACCO LAWSUIT SETTLEMENT FUNDS OneGeorgia Authority Act; rural economic development..............................................................................SB 398
TOBACCO PRODUCTS Business Manufacturing Cigarettes for Foreign Export; income tax credit..............................................HB 1455 Contracts Between Tobacco Companies and Tobacco Growers................................................................HB 1245 Prohibited Sales to Minors; enforcement actions; officers, special agents..............................................HB 1229 Regulate; retail tobacco product displays; no smoking signs in day care centers......................................SB 380 Vending Machines; eliminate cigarette sales; compensation payments......................................................SB 461
TODD, WILLIAM J., GEORGIA RESEARCH ALLIANCE; commend ..............................................SR 512
TOLLWAY AUTHORITY; Soil Erosion and Sediment Control Overview Council...............................SB 524
TOMLINSON, MAIA E.; University System Academic Scholar................................................................SR 711
TOOMBS COUNTY Designate; Charles Durst Memorial Highway on U.S. Highway 1...............................................................SR 183 Property Conveyance; road widening project...................................................................................................SR 502

TORTS Civil Damages for Injury; no recovery for perpetrator of a crime. ...............................................................SB 303 Conversion of Timber by a Trespasser; recoverable damages......................................................................SB 538 Notices and Documents; methods to deliver.....................................................................................................SB 436 Persons Injured While Committing Felony, Uninsured Motorists Driving DUI or Revoked Licenses;
Limit recovery of damages ...............................................................................................................................SB 396 Recovery of Damages to Dwellings Due to Installation of Synthetic Exterior Siding; time limits.......HB 837 Therapists; tort immunity; communicating patient's violent threats............................................................SB 495
TOUGAW, WILLIAM EDWARD; University System Academic Scholar..............................................SR 721
TOURIAL, MRS. REGINA; commend ............................................................................................................SR 807
TOWALIGA JUDICIAL CIRCUIT Create New Circuit for Counties of Butts, Lamar and Monroe.....................................................................SB 219 Superior Court; additional judge......................................................................................................................HB 1425 Superior Court; change terms; Butts, Lamar and Monroe Counties..........................................................HB 1171
TOWNS COUNTY HIGH SCHOOL LADY BASKETBALL TEAM; commend ...............................SR 660
TRAFFIC (See Motor Vehicles and Traffic)
TRAILS FOR RECREATIONAL PURPOSES ; Hotel-Motel Tax Levy; bicycle trails and pedestrian walkways connecting downtown business and historic districts............................................................HB 1375
TRANSPORTATION BOARD, STATE Johnny Gresham; elected member ..................................................................................................................Page 119 C. Pinkston; elected member ...........................................................................................................................Page 118

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2787

TRANSPORTATION (Also See Highways or Public Utilities) Department; authority; Mass Transportation System Capital Projects.......................................................HB 585 Designate; B. Edward Tankersley Memorial Bridge; Columbia County...................................................HR 882 Designate; Bernie Bourdon Memorial Bridge over I-20.................................................................................SR 388 Designate; Brett C. Dickey Bridge; Toccoa River; Gilmer County............................................................HR 881 Designate; Charles Durst Memorial Highway; Toombs County ..................................................................SR 183 Designate; Chas. F. Warnell, Sr. Highway; Bryan County............................................................................SR 787 Designate; Chas. F. Warnell, Sr. Highway; Bryan County.........................................................................HR 1188 Designate; Claude Roscoe Nash Memorial Bridge; Dodge County..........................................................HR 1016 Designate; Corporal Howell Cobb Dees Bridge; Coffee County.................................................................SR 623 Designate; Corporal Howell Cobb Dees, USMC, Bridge; Coffee County...............................................HR 1231 Designate; Cynthia McKinney Parkway; DeKalb County..........................................................................HR 1231 Designate; Dewey D. Vaughn Memorial Bridge; Austell. .............................................................................SR 472 Designate; Dewey Pendley Bridge; Hiram........................................................................................................SR 235 Designate; Falcon Parkway; Hall County.........................................................................................................SR 646 Designate; Fluis and Frances Lairsey Intersection; Pierce County............................................................HR 1188 Designate; Foster Family Bridge; City of Dallas ...............................................................................................SR 42 Designate; Fred Bentley, Sr. Bridge; Cobb County.......................................................................................HR 849 Designate; Herman H. Watson Memorial Bridge; Paulding County .............................................................SR 41 Designate; Horace E. Tate Freeway; Fulton County.......................................................................................SR 542 Designate; James E. 'Billy' McKinney Highway; Fulton County.................................................................SR 484 Designate; James E. Williams Bridge; Byron, Peach County....................................................................HR 1231 Designate; James T. Williams Intersection; Pickens County.....................................................................HR 1059 Designate; James Wendell George Parkway; Fulton County........................................................................SR 483 Designate; John A. Trask Highway; Macon County......................................................................................HR 436 Designate; John F. Lawler Memorial Bridge; Cherokee County.................................................................HR 792 Designate; Jonathan Jackson McCants Bridge; Taylor County....................................................................SR 403 Designate; Jondelle Johnson Drive; portion of US 41/19; Atlanta. ..............................................................SR 232 Designate; J.W. Orr Memorial Highway; Barrow County..........................................................................HR 1207 Designate; Kennedy Bridge over Bear Creek; Terrell County......................................................................SR 515 Designate; Larry McClure Scenic Highway; Rabun County........................................................................HR 840 Designate; Leroy Johnson-Fulton Industrial Boulevard; Fulton County.....................................................SR 541 Designate; Marguerite Neel Williams Memorial Highway; Thomas County............................................HR 928 Designate; Myrtice McGarrah McMichael Bridge; Marion County............................................................SR 623 Designate; Official State Transportation History Museum; Duluth............................................................HB 361 Designate; Paul Heard Highway; Fayette County..........................................................................................HR 927 Designate; Paul Warwick, Jr. Memorial Highway; Brunswick....................................................................HR 897 Designate; Pierce Jackson Ferguson Memorial Highway; Lincoln County...............................................HR 754 Designate; Prater's Mill Parkway; Whitfield County...................................................................................HR 1046 Designate; Primus King Highway; Columbus, Muscogee County............................................................HR 1211 Designate; P.V. Stripling Memorial Highway; Metter....................................................................................SR 137 Designate; Ralph Morgan Parkway; Whitfield County...............................................................................HR 1045 Designate; Rankin Smith Interchange; Hall County.......................................................................................SR 653 Designate; Rankin Smith Interchange; Hall County....................................................................................HR 1231 Designate; Raymond Lester Bridge; Rockmart ................................................................................................SR 236 Designate; Robert C. Jones Memorial Highway; Jenkins County...............................................................HR 884 Designate; Robert L. Williford Memorial Highway; Elbert County..............................................................SR 31 Designate; S.G. Maddox Highway; Early County...........................................................................................SR 666 Designate; Ted Taft Copeland Dam; Lumpkin County..................................................................................SR 624 Designate; Tom Triplett Parkway; Chatham County.....................................................................................HR 756 Designate; Toombs Taylor Morgan Memorial Bridge; Dooley County.....................................................HR 621 Designate; Travis Tritt Highway; Paulding County.......................................................................................HR 849 Designate; Veterans Memorial Highway; Douglas County..........................................................................HR 849 Designate; Williamson S. Stuckey, Sr., Highway; Dodge County...............................................................SR 638 DOT Enforcement Officers; use of trained drug detection dogs.................................................................HB 520
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2788

JOURNAL OF THE SENATE

TRANSPORTATION (Continued) DOT Enforcement Officers Transferred to DMVS; retirement age. .........................................................HB 1457 DOT Highway Work Zone Safety Campaign to Reduce Fatalities; support..............................................SR 684 DOT, State Tollway or Highway Authority Projects; erosion, sediment control; Overview Council....SB 524 DOT; transfer certain functions to Department of Motor Vehicle Safety................................................HB 1441 Excavating or Blasting in Presence of Utility Facilities; liability..............................................................HB 1290 Facilities; capital outlay projects; special county 1% Sales Tax proceeds...............................................HB 1303 Georgia Ports Authority; additional members..................................................................................................SB 435 Georgia Rail Passenger Authority Overview Committee; membership......................................................HB 455 Highway Contracting Industry; erosion and sediment overview council. ...................................................SB 524 Highway Safety; traffic, freight, passengers; committee to study................................................................. HR 82 Highway Work Zones; speed restrictions; signage; violations; fines...........................................................SB 419 Highway Work Zones; warning signs; penalties for speeding violation..................................................HB 1180 Highways Designated for Oversized Vehicles; automobile carriers...........................................................HB 716 Highways; vehicle length and loads; excess weight, dimension permits.....................................................SB 496 Income Tax Credit; employer provided transportation fringe benefits.....................................................HB 1134 Manufactured Housing Industry; uniform regulations; study committee...................................................HR 154 MARTA; Board of Directors; change composition ........................................................................................SB 502 MARTA; Board of Directors; ex officio member; 1% sales tax rate. .......................................................HB 1615 MARTA; operating costs; exclude certain costs; interest income. ..............................................................HB 573 Mass Transportation System Capital Projects; authority of DOT................................................................HB 585 Public Roads; transportation funds; allocation among congressional districts........................................HB 1553 Rail; High Speed Trains for Atlanta to Chattanooga; state planning........................................................HB 1348 Railway Passenger Service Corridors Specified for Planning, Development..........................................HB 1348 Shackelford, Wayne; Georgia DOT Commissioner; commend ....................................................................SR 675 Southwest Georgia Railroad Excursion Authority in Crisp and Sumter Counties..................................HB 1654 State Highway Employees Killed or Disabled; indemnification...................................................................SR 519 State Highway System; named roads, bridges, interchanges; lists............................................................HB 1153 Trucks, Charter Buses, Motor Carriers; registration, licenses, permits; placarding certain trucks;
gross weight; bonds.............................................................................................................................................SB 87 Urban Road Building Guidelines, Joint Committee to Study Design to Accommodate Pedestrians..HR 1051

TRASK, JOHN A.; name highway to honor; Macon County.......................................................................HR 436
TREES Expenses Incurred Preserving Specimen Trees; ad valorem assessment..................................................HB 1118 State Tree Protection Law; standards; enforcement.......................................................................................HB 557
TRESPASS, CRIMINAL Magistrate Courts; criminal jurisdiction over certain misdemeanors..........................................................HB 304 Ordinance Violations; prosecution; service of suspended sentences..........................................................HB 153

TRIALS, PRETRIAL PROCEEDINGS Appeals; powers of courts to correct errors and grant new trials..................................................................SB 228 Civil Trials; summons; request for waiver of service.....................................................................................HB 708 Indigent Defense; public defenders; Third-year Law School Students.......................................................SB 304 Pretrial Intervention and Diversion Programs for Certain Offenders...........................................................SB 412
TRIPLETT, TOM; name Highway Parkway to honor; Chatham County.................................................HR 756
TRITT, TRAVIS Name highway to honor; Paulding County......................................................................................................HR 849 Singer and songwriter; honoring.........................................................................................................................SR 452

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INDEX

2789

TROUP COUNTY New Year's Millennial Celebration; commend organizers.............................................................................SR 526 Property Conveyance; easement; cable crossing Chattahoochee River. ......................................................SR 516 West Georgia River Protection; joint committee to study............................................................................HR 215
TRUCKS Automobile Carriers; oversized vehicles; designated highways..................................................................HB 716 Driver's License; expiration; sixth year following issuance; fees.................................................................SB 365 Length of Vehicle and Loads; permits for excess weight and dimensions; semi-trailers .........................SB 496 Motor Carrier Operations Administered by Department of Motor Vehicle Safety.................................HB 1441 Motor Common Carriers; certificate of insurance; filing with PSC.............................................................SB 451 Motor Common Carriers; certificate of insurance in lieu of bond................................................................SB 408 Motor Vehicle Combustion Engines; nitrous oxide fuel additives ............................................................HB 1183 Motor Vehicle Liability Insurance; minimum coverage; judgments...........................................................HB 679 Registration, Licenses; gross weight rating; placarding; bonds to secure household goods......................SB 87 Seat Belt Equipment; sport utility vehicles; pickup trucks.............................................................................SB 211 Traffic Laws; misdemeanor violations; jurisdiction of courts......................................................................HB 423 Trailers, Semi-trailers; brake requirements; surge brakes...........................................................................HB 1192 Trucks Stops; installation of diesel particulate emission reduction equipment; income tax credit........HB 801
TRUELOVE, DR. ELIZABETH; commend...................................................................................................SR 576
TUCKER, BESSIE AND JAMES ; 60th Wedding Anniversary; commend ..............................................SR 547
TURNER, BROOKE; Georgia High School Rodeo Association Queen; commend.................................SR 420
TURNER, SETH; 4-H Leadership; commend..................................................................................................SR 443
TWIGGS COUNTY; Coroner and Deputy Coroner; annual salary in lieu fee system. .........................HB 1612
TYBEE ISLAND, CITY OF Ad Valorem Taxes; homestead exemption ....................................................................................................HB 1502 Coastal Tourism Study Committee; create........................................................................................................SR 770

U
UNDERGROUND STORAGE TANK ACT; Utility Facility Protection Act; Blasting or excavating operations................................................................................................................HB 1290
UNEMPLOYMENT COMPENSATION (See Employment Security or Labor)
UNFAIR BUSINESS PRACTICES (See Fair Business Practices or Selling or Commerce)
UNICOI STATE PARK; exchange tract; U.S. Forestry Service..................................................................SR 503
UNINSURED MOTORISTS; Driving DUI or Revoked License; limit recovery of damages ...............SB 396
UNION COUNTY Advisory Referendum Election on Form of County Government .............................................................HB 1695 Property Exchange; Vogel State Park. ...............................................................................................................SR 503
UNIONS AND LABOR RELATIONS Labor Organizations; treatment by local boards of education.......................................................................SR 610 Public Employees Labor Relations Act; enact.................................................................................................SB 494 State Employee Organizations; encourage open access to management.....................................................SR 100

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2790

JOURNAL OF THE SENATE

UNIVERSITY OF GEORGIA Golf Team, National Championship; commend...............................................................................................SR 394 Men's Tennis Team, 1999 NCAA Tennis Championship; commend ..........................................................SR 396 UGA Chapter of American Cancer Society; commend ..................................................................................SR 671 Women's Gymnastics Team; commend.............................................................................................................SR 393 Women's Swimming Team, NCAA Swimming and Diving Championship; commend...........................SR 395
UNIVERSITY SYSTEM OF GEORGIA (Also See Colleges or Education or Regents Board) A Plus Education Reform Act of 2000; enact comprehensive revisions..................................................HB 1187 Athletic Scholarships; gender equity in sports; compliance by local schools.........................................HB 1308 Board of Regents; Advanced Technology Development Center; Seed-Capital Fund............................HB 1629 Board of Regents; remove funding for teaching hospitals.........................................................................HB 1411 Board of Regents; revoke authority; supplemental retirement fund.............................................................SB 411 Charitable Gift Annuities; disclosures and notices; definitions....................................................................SB 300 Employee Health Benefit Plans; supplemental funding...............................................................................HB 1161 Rape Prevention and Personal Safety Education Program............................................................................HB 171 University of Georgia Libraries; publications, documents in electronic form.........................................HB 1358
U.S. FORESTRY SERVICE; exchange tracts in four counties; Department of Natural Resources.....SR 503
U.S. GOVERNMENT (See Federal Government or Congress)
USED CARS, DISMANTLERS, SALVAGE Churches and Religious Organizations; sales of donated used motor vehicles for charity.......................SB 317 Used Vehicles Recently Acquired; temporary license plate display..............................................................SB 90 Vehicles Sold by Dealers; temporary plates issued to purchasers...............................................................HB 823
UTILITIES (See Public Utilities and Transportation)

V
VALDOSTA, CITY OF; new charter. ............................................................................................................HB 1625
VALWOOD SCHOOL FOOTBALL TEAM; commend.............................................................................SR 577
VANDIVER, EARNEST; Former Governor; recognize ................................................................................. Page 3
VAUGHN, DEWEY D.; designate memorial bridge to honor. .....................................................................SR 472
VAUGHN, DWAYNE; commend.......................................................................................................................SR 544
VENDING MACHINES; Tobacco, Cigarette Products; eliminate sales; compensate retailers ..............SB 461
VENER, DAVID PAUL; University System Academic Scholar..................................................................SR 712
VENEREAL DISEASES ; diseases deemed dangerous; add human papilloma virus ...............................SB 427
VERNONBURG, CITY OF Ad Valorem; homestead exemption; assessed value....................................................................................HB 1675 Ad valorem taxes; homestead exemption; assessed value ..........................................................................HB 1665
VETERANS AFFAIRS (Also See Military Affairs) Ad Valorem; homestead exemption; surviving spouse of U.S. Armed Forces; referendum...................HB 446 Department of Veterans Services; establish Georgia Veterans Cemetery................................................HB 1396 Disabled Veterans; maximum amount of ad valorem homestead exemption............................................HB 684

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2791

VETERANS AFFAIRS (Continued) Georgia War Veterans Home; committee to evaluate privatization.............................................................SR 244 Guardianships; notices by certified mail or statutory overnight delivery....................................................SB 436 License Plates; special; National Guard and retirees; trailer owners............................................................SB 335 Observance of Veterans Day November 11 in Public Schools...................................................................... HB 68 Veterans Awarded Purple Heart; ad valorem tax exemption on vehicles.................................................HB 1417 Veterans Memorial Highway; designate Highway 78; Douglas County....................................................HR 849 Vietnam War, 25th Observance of End of War; recognize Veterans........................................................HR 1029 World War II Memorial in Washington; appropriate state funds..............................................................HB 1144

VETERINARIANS; Animal Protection Act of 2000; enact..........................................................................SB 297
VETOES BY GOVERNOR 1999 Session ........................................................................................................................................................... Page 6 1999 Session; Line Item, Appropriations .......................................................................................................... Page 9

VICTIMS OF CRIME Fines Collected for Local Victim Assistance Programs; financial reports...............................................HB 1264 Notification by Mail or Electronically; Inmate's Projected Release Date.................................................HB 1412 Restitution Collected Under Pretrial Intervention and Diversion Programs...............................................SB 412 Tort Immunity; prohibit recovery of damages by perpetrator of crime........................................................SB 303 Victims of Abuse; medical conditions; acts by insurance carriers................................................................SB 260 Victims' Reimbursement Act of 1999; perpetrator taxed 100% on profits derived from factual
accounts of certain crimes................................................................................................................................HB 470
VIDALIA ONIONS; Trademarks; promotional activities; impose royalty and license fee...................HB 1142
VIDEO RECORDINGS, MOVIES, VCRS Search Warrant Applications by Video Conference.....................................................................................HB 1294 Unlawful Invasions of Privacy; revise and clarify such crimes.....................................................................SB 316
VIETNAM VETERANS AND THEIR FAMILIES ; commend..............................................................HR 1029
VOGEL STATE PARK; property exchange; U.S. Forestry Service...........................................................SR 503
VOLUNTEERS; Medically Underserved Areas; retired physician volunteers.........................................HB 146
VOLUNTEERS IN HEALTH CARE SPECIALTIES ACT; enact. .....................................................HB 1352

VOTER REGISTRATION AND VOTING Absentee Ballots; additional government building sites to vote...................................................................SB 227 Absentee Ballots; additional government building sites to vote...................................................................SB 235 Absentee Ballots; issuance, mailing prior primary or election date. ..............................................................SB 44 Absentee Ballots; opening and counting; counties using certain voting systems......................................SB 527 Early Voting Before Primaries or Elections; procedures and period...........................................................SB 235 Election Ballots; candidates who seek access; Voter Choice and Election Access Reform Act.............SB 358 Elections Code; equipment; testing; voter ID; registrars; amend provisions...........................................HB 1361 Electors; confidential files; residence addresses of certain publicly employed persons...........................SB 503 Equipment, Tabulating Machines; tampering; testing; voter ID; ballots..................................................HB 1117 Vote Tabulation; ballots for write-in candidates; change provisions.............................................................SB 91 Voting Booths; children under age 17 may accompany parents ..................................................................HB 266

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2792

JOURNAL OF THE SENATE

W
WADE, LYNDON A.; President Atlanta Urban League; honoring..............................................................SR 479
WADES BAPTIST CHURCH; commend........................................................................................................SR 775
WAGES (Also see Labor and Employment) Employment; increase minimum wage to $5.15 per hour.............................................................................HB 549
WALKER COUNTY Ad Valorem; school taxes; homestead exemption........................................................................................HB 1721 Ad Valorem Taxes; homestead exemption ....................................................................................................HB 1722
WALRAVEN, JOSEPH; 4-H Leadership; commend.....................................................................................SR 448
WALTON COUNTY Reconstitute Board of Commissioners; create county manager position; referendum. ..........................HB 1018 1946 Murders of Black Sharecroppers; urge federal investigation.............................................................HR 477
WARE COUNTY; Property Conveyance; easement; Waycross Regional Fisheries Office. ...................SR 504
WAREHOUSE ACT; Leaf Tobacco Sales; contracts between tobacco companies and growers........HB 1245
WARNELL, CHARLES FREDERICK, SR. Name Highway to Honor......................................................................................................................................SR 787 Name Highway to Honor Memory; Bryan County......................................................................................HR 1188
WARRANTIES Motor Vehicle Insurance Claims During Factory Warranty Period.............................................................SB 234 Motor Vehicle Repairs; dealership franchises; agreement rights....................................................................SB 88
WARRANTS Arrest Warrants Issued for a Teacher or School Administrator ................................................SB 27 Search Warrant Applications by Video Conference.....................................................................................HB 1294 Warrants; probable cause hearing; evidence; procedure ......................................................HB 259
WARWICK, CITY OF; new charter ..............................................................................................................HB 1729
WARWICK, PAUL JR.; name Memorial Highway to honor; Brunswick................................................HR 897
WASTE MANAGEMENT (Also See Hazardous Materials or Landfills or Natural Resources) Counties, Municipalities; water and waste-water systems; leases, contracts with private entities..........SB 448 Eminent Domain Powers; private entities acquiring property for Waterworks and Sewage Systems;
Prior consent required........................................................................................................................................SB 343 Eminent Domain Powers; property for sewage treatment and disposal.......................................................SB 339 Landfills; treatment systems; construction work licensing............................................................................SB 350 Local Government; limit power to transport garbage, waste outside of territory for dumping
or disposal...........................................................................................................................................................HB 525 On-Site Sewage Systems, Septic Tanks; site suitability; evaluators..............................................................SB 30 Permit and Variance Applications; period of time must be acted on...........................................................SB 327 Solid Waste Disposal Facilities; permitted vertical expansions....................................................................SB 468 Treatment Plant Operators and Lab Analysts; State Board; advisory council.........................................HB 1251 Wastewater Treatment Facility Bypasses; sewer connection moratorium. .................................................SB 121 Wastewater Treatment Operators, Laboratory Analysts; examinations; certification...............................SB 333 Water Management; public-private partnership options; study issues.........................................................SR 175 Water Treatment Systems; operation by private entities; leases, contracts..............................................HB 1404

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2793

WATER RESOURCES, PORTS AND WATERCRAFT (Also See Boats or Natural Resources) Boat and Motor Title and Ad Valorem Taxation Study Committee.............................................................SR 569 Boats and Vessels; lien foreclosure; drug and alcohol testing of persons; official notices......................SB 436 Boats or Outboard Motors; owner of record; titling; vessel registration, hull ID numbers;
Theft investigations...........................................................................................................................................SB 114 Commercial Fishing Trade; sales tax exemption; dyed diesel fuel............................................................HB 1582 Farm Irrigation Systems; electricity used; exempt sales tax. .......................................................................... HB 82 Fishing; taking fish by means of a gill net prohibited..................................................................................HB 1124 Flint River Drought Protection Act; irrigation reduction incentives.........................................................HB 1362 Gray's Reef and Fishery Off Sapelo Island; urge NOAA continue public access ....................................HR 816 Irrigation Wells; water well standards; landowner permits.........................................................................HB 1362 Lake Lanier Watershed; water quality; committee to study..........................................................................SR 284 Lake Sidney Lanier Watershed Governance Council Act...........................................................................HB 1562 Land and Water Conservation Fund; urge Congressional support...............................................................SR 242 Land, Water, Wildlife and Recreation Heritage Fund; create............................................................................ SB 4 Marine Vessels; ad valorem property taxation; amend Constitution...........................................................SR 580 Marine Vessels; ad valorem taxation; separate class of property.................................................................SB 471 Orders for Removal of Structures; Protection of Tidewaters Act; Right of Passage Act.........................SB 436 Salt-water Fishing; commercial trawlers; whiting possession limits............................................................SB 159 Savannah River; noncommercial fishing for catfish with bow and arrows..............................................HB 1320 State Waters; land-disturbing activity; protective buffers; soil erosion and sedimentation controls...HB 1426 Surface and Ground-water; solid waste disposal; vertical expansions; compliance time frame..............SB 468 Surface Water Withdrawal; coastal areas; aquifer storage prohibited...........................................................SB 48 Wastewater Treatment Plant Class IV Operators, Laboratory Analysts; certification; examinations....SB 333 Water and Sewage Systems; private entities; eminent domain powers........................................................SB 343 Water and Waste-water Systems; private entities; leases, contracts............................................................SB 448 Water and Wastewater Service; tenant charges based on usage. ...............................................................HB 1221 Water and Wastewater Treatment Plant Operators and Lab Analysts; State Board. .............................HB 1251 Water Management and Allocation; explore public/private partnerships...................................................SR 175 Water Pollutants; impaired waters; monitoring; signage; sampling.............................................................SB 473 Water Pollution; waste-water treatment facility bypasses; prohibit additional sewer connections........SB 121 Water Quality Protection for Rivers, Streams and Lakes; Greenspace Preservation Program. ...............SB 399 Water Quality Rules Directly Affecting Livestock, Dairy, Poultry, Crops or Swine;
Advisory Committee.......................................................................................................................................HB 1182 Water Resources; local grants to manage; provide a special fund.................................................................... SR 4 Water Use During Severe Drought; Flint River Drought Protection Act.................................................HB 1362 Water Use; local restrictions during drought periods; uniformity..............................................................HB 1373 Watercraft; operation by persons ages 14 and 15; muffling engine noise...................................................SB 389 Watershed Protection; local plans applicable public water supplies............................................................SB 229 West Georgia River Protection; joint committee to study............................................................................HR 215
WATSON, HERMAN H.; Designate Memorial Bridge to Honor; Paulding County.................................SR 41
WATTS, CONGRESSMAN J.C., JR. OF NORMAN, OKLAHOMA; commend ...............................SR 462
WATTS, JAMES DURELL; Paulding County Tax Commissioner; commend ........................................SR 457
WAYCROSS, CITY OF; Property Conveyance; easement; sanitary sewer line. ......................................SR 504
WEAPONS (See Firearms or Guns or Crimes)
WEAVER, DR. JERRY O.; commend..............................................................................................................SR 468
WELFARE (See Social Services or Human Resources or Public Assistance or TANF)
WELLS, WATER; Irrigation Wells; water well standards; landowner permits......................................HB 1362

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2794

JOURNAL OF THE SENATE

WENDELKEN, ANGIE; in remembrance of...................................................................................................SR 778
WEST GEORGIA CHRISTIAN ACADEMY BOYS BASKETBALL TEAM; commend................SR 686
W.H.A.L.E. PROGRAM; Auxiliaries and Hospital Volunteers; commend ...............................................SR 779
WHEELCHAIRS Disabled Persons With Ambulatory Devices; special license plates; parking permits; affidavits.........HB 496 Sales Tax Exemption; wheelchairs and related equipment...........................................................................HB 567
WHITE COUNTY Property Exchange; Unicoi State Park...............................................................................................................SR 503 Regional Water Planning; Lake Sidney Lanier Watershed Governance Council Act............................HB 1562 White County Water and Sewerage Authority; membership......................................................................HB 1724
WHITE COUNTY HIGH SCHOOL BASKETBALL TEAM; commend..............................................SR 695
WHITE, JENNIFER; 4-H Leadership; commend...........................................................................................SR 433
WHITEHEAD, COMER; expressing regrets at the passing.........................................................................SR 578
WHITEHEAD, WESLEY E.; expressing condolences .................................................................................SR 573
WHITFIELD COUNTY Designate; Prater's Mill Parkway in the Varnell Community.....................................................................HR 1046 Designate; Ralph Morgan Parkway.................................................................................................................HR 1045
WIDENER, DOUGLAS; commend...................................................................................................................SR 759
WILDLIFE Control Permits to Trap, Kill or Remove Wildlife for Public Purposes...................................................HB 1409 Land, Water, Wildlife and Recreation Heritage Fund; create............................................................................ SB 4 Land, Water, Wildlife and Recreation Heritage Fund; provide......................................................................... SR 4
WILKINSON COUNTY HIGH SCHOOL BASKETBALL TEAM; commend...................................SR 747
WILLIAMS, CHRISTINA; 4-H Leadership; commend................................................................................SR 435
WILLIAMS, JAMES E.; Name Bridge to Honor in Byron, Peach County............................................HR 1231
WILLIAMS, JAMES T.; name Intersection to honor memory; Pickens County...................................HR 1059
WILLIAMS-KIMBROUGH, BERNICE; EEOC Director; honoring........................................................SR 652
WILLIAMS, LT. COL. FRANCIS (FRANK) B.; commend ......................................................................SR 561
WILLIAMS, MARGUERITE NEEL; name Memorial Highway to honor; Thomas County..............HR 928
WILLIAMS, RICHARD W.; in remembrance of...........................................................................................SR 475
WILLIAMS, SADIE; commend .........................................................................................................................SR 764
WILLIE B. DAY; beloved Zoo Atlanta gorilla; proclaim. .............................................................................SR 545
WILLIFORD, ROBERT L.; designate memorial highway to honor; Elbert County.................................SR 31

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2795

WILLS, TRUSTS AND ESTATES Bankruptcy; exemption; intestate insolvent estates; property owned jointly by both spouses ...............HB 703 Documents, Notices; certified mail or statutory overnight delivery.............................................................SB 436 Estates; heirs of deceased intestate; temporary administrator..........................................................................SB 97 Estates; property owned by intestate decedent; title; heirs, creditors........................................................HB 1204 Georgia Cemetery and Funeral Services Act of 2000; enact.........................................................................SB 462 Inheritance; right of the father; establishing legitimacy of child.....................................................................SB 96 Life Beneficiary Community Trust Accounts; distribution; withdrawals.................................................HB 1026 Probate Courts; standard forms; facilitate use of computer technology...................................................HB 1428 Revised Probate Code of 1998; amend provisions.........................................................................................HB 366 Revised Probate Code of 1998; methods to deliver notices, documents.....................................................SB 436

WILSON, ELLEN LOUISE AXON; wife of President Woodrow Wilson; placement of portrait in State Capitol. ..................................................................................................................................HR 847
WINES AND WINERIES (Also See Alcoholic Beverages) Retail Consumer Sales Via Electronic Commerce by Licensed Grocers.....................................................SB 434 Shipments to Georgia Residents from Out-of-State; special order licenses............................................HB 1273
WINGFIELD, KYLE BURTON; University System Academic Scholar..................................................SR 733
WIRETAPPING; Electronic or Telephone Communications of a Child Under Age 18...........................SB 414
WOMACK, ROY; commend...............................................................................................................................SR 593
WOMEN'S ISSUES (Also See Domestic Relations) Abandoned Newborn Babies; Safe Place for Newborns Act......................................................................HB 1365 Abortion; illegal partial birth method; 1997 SB 357; legal defense.............................................................SR 188 Abortion Procedure; Woman's Right to Know Act; informed consent law.................................................SB 125 Breast Cancer Patient Care Act; inpatient hospital care. ................................................................................SB 141 Breast Cancer, Prostate Cancer and Ovarian Cancer Research Program Fund.......................................HB 1335 Breast-feeding in Public; delete required 'discreet and modest way'............................................................SB 362 Georgia Commission on Women; staggered terms; absences; residency...................................................HB 658 Hospital Stays; surgical mastectomies; Appropriate Patient Care Act.........................................................SB 255 Marriage; underage applicants; consent; remove pregnancy exemption.......................................................SB 18 Ovarian Cancer Detection and Prevention; promote education....................................................................SR 571 School Athletic Programs; Equity in Sports Act; discrimination based on gender; public records.....HB 1308 20th Century as the Century of Women's Accomplishments; recognize....................................................HR 757
WOODS, REVEREND MICHAEL D.; commend ........................................................................................SR 752
WOOLERY, SAGEN; Georgia Youth Volunteer; commend........................................................................SR 551
WORKERS' COMPENSATION Benefits; appeal of awards; increase for disability and burial; overpayments; guardian ad litem;
self-insurers........................................................................................................................................................HB 135 Claims; settlements; medical payments; deceased employees; weekly benefits; electronic funds.........SB 332 Coverage; National Guard and State Defense Force serving active duty.................................................HB 1391 Deceased Employees; settlements; medical payments; electronic funds; benefits................................HB 1184 Injured Employees; actions against person other than employer. ..............................................................HB 1400 Insurance Premium Discount; drug-free workplace program; conditions...................................................SB 470
WORLD WAR II MEMORIAL IN WASHINGTON; appropriate state funds...................................HB 1144

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2796

JOURNAL OF THE SENATE

Y YEAR 2000 CENSUS ; Urge U.S. Census Bureau Ensure Accurate Population Count............................SR 205

Z
ZONING (Also See Property, Local Government) Covenants Restricting Land Uses Affecting Planned Subdivisions.............................................................SB 221 Local Government Code Enforcement Boards Act; enact..........................................................................HB 1206 Local Government Code Enforcement Boards Act........................................................................................HB 591 Manufactured Homes; uniform regulations; joint study committee. ...........................................................HR 154 Property Investment Protection Relative to Government Actions................................................................SB 478

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