- Collection:
- Georgia Government Publications
- Serial:
- Journal of the House of Representatives of the State of Georgia.
- Title:
- Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 14, 1991 and adjourned Friday, March 15, 1991, volume I
- Creator:
- Georgia. General Assembly. House of Representatives
- Publisher:
- [Decatur, Ga.] : [Bowen Press],
- Date of Original:
- 1991
- Subject:
- Georgia--Politics and government
- Location:
- United States, Georgia, 32.75042, -83.50018
- Medium:
- state government records
- Type:
- Text
- Format:
- application/pdf
- Description:
- Includes extraordinary sessions
- External Identifiers:
- Call Number GA L404 1991 V.1
- Metadata URL:
- https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bl404-b1991-bv-p1
- Digital Object URL:
- https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bl404-b1991-bv-p1
- Language:
- eng
- Holding Institution:
- University of Georgia. Map and Government Information Library
- Rights:
-
Compiler's Note
The Journal of the House of Representatives for the regular session of 1991 is bound in two separate volumes. Volume I contains January 14, 1991 through February 27, 1991. Volume II contains February 28, 1991 through March 15, 1991 and the complete index.
JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 14, 1991 and adjourned Friday, March 15, 1991
VOLUME I
1991 Atlanta, Ga.
OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1991-1992
THOMAS B. MURPHY ..................................... Speaker
18th DISTRICT, HARALSON COUNTY
JACK CONNELL.................................. Speaker Pro Tern
87th DISTRICT, RICHMOND COUNTY
GLENN W. ELLARD .......................................... Clerk
HABERSHAM COUNTY
CAROLYN B. PETTUS ............................... Assistant Clerk
GWINNETT COUNTY
BRETT BACON....................................... Journal Clerk
WILKINSON COUNTY
ELMORE C. THRASH.................................... Messenger
LOWNDES COUNTY
BEN JESSUP ........................................... Doorkeeper
BLECKLEY COUNTY
EDWARD C. MOSES ............................... Sergeant-at-Arms
MONTGOMERY COUNTY
MONDAY, JANUARY 14, 1991
HOUSE JOURNAL
Representative Hall, Atlanta, Georgia Monday, January 14, 1991
The Representatives-elect of the General Assembly of Georgia for the years 1991-1992 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by Robert Rivers, Acting Clerk of the House of Representatives.
Prayer was offered by the Reverend J. Howard Mills, Calvary Baptist Church, Bremen, Georgia.
The following communication from the Honorable Max Cleland, Secretary of State, certifying the Representatives-elect for the years 1991-1992, was received and read:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached seven pages of typewritten matter are a true and correct list of the State Representatives as elected in the November 6, 1990 General Election; all as the same appear of file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 4th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth.
(SEAL)
/s/ Max Cleland Secretary of State
STATE REPRESENTATIVES ELECTED TO THE GENERAL ASSEMBLY NOVEMBER 6, 1990 GENERAL ELECTION
DISTRICT
POST
COUNTIES
NAME
PARTY
1.P.1
Portion of Dade, Portion
Mike Snow (I)
(D)
of Walker
1.P.2
Portion of Dade, Portion
Robert H. (Bob) McCoy (I)
(D)
of Walker
2
Portion of Catoosa
McCracken (Ken) Poston, Jr. (I)
(D)
3
Portion of Catoosa, Murray, Charles (Judy) Poag (I)
(D)
Portion of Whitfield
2
JOURNAL OF THE HOUSE,
4,P.l
Fannin, Gilmer, Lumpkin,
Carlton H. Colwell (I)
(D)
Rabun, Towns, Union
4,P.2
Fannin, Gilmer, Lumpkin,
Ralph Twiggs (I)
(D)
Rabun, Towns, Union
5
Chattooga, Portion of Bade, Tim Perry
(D)
Portion of Walker
6.P.1
Portion of Whitfield
Jim Tyson Griffin (I)
(D)
6.P.2
Portion of Whitfield
Harold Mann
(R)
7
Gordon
James Beverly Langford (I)
(D)
8,P.l
Portion of Cherokee, Pickens Steve Stancil (I)
(R)
8.P.2
Portion of Cherokee, Pickens Garland Pinholster
(R)
9.P.1
Dawson, Portion of Gwinnett, Wye Orr (I)
(D)
Hall
9,P.2
Dawson, Portion of Gwinnett, Bobby Lawson (I)
(D)
Hall
9.P.3
Dawson, Portion of Gwinnett, Jerry D. Jackson (I)
(D)
Hall
10
Portion of Cherokee, Forsyth Bill H. Barnett (I)
(D)
11.P.1
Portion of Banks, Haber- Bill Dover (I)
(D)
sham, Stephens, White
Portion of Banks, Haber- Mary Jeanette Jamieson (I)
(D)
sham, Stephens, White
12
Portion of Banks, Jackson
Mike Beatty
(R)
13.P.1
Portion of Clarke, Franklin, Louie Max Clark (I)
(D)
Hart, Portion of Madison
13.P.2
Portion of Clarke, Franklin, Alien T. Powell
(D)
Hart, Portion of Madison
14
Elbert, Portion of Madison, Charles W. Yeargin (I)
(D)
Oglethorpe
15.P.1
Portion of Bartow, Portion E. M. (Buddy) Childers (I)
(D)
of Floyd
15.P.2
Portion of Bartow, Portion Forrest L. McKelvey (I)
(D)
of Floyd
16
Portion of Floyd
Paul E. Smith (I)
(D)
17
Portion of Polk
Bill Cummings (I)
(D)
18
Haralson, Portion of
Thomas B. Murphy (I)
(D)
Paulding, Portion of Polk
19
Portion of Bartow
Boyd Pettit (I)
(D)
20.P.1
Portion of Cobb
Jack Vaughan (I)
(R)
MONDAY, JANUARY 14, 1991
20.P.2
Portion of Cobb
Debra Mills
(D)
20.P.3
Portion of Cobb
Herman Clark (I)
(R)
20.P.4
Portion of Cobb
Gene Clark
(R)
20.P.5
Portion of Cobb
John W. Hammond
(D)
21.P.1
Portion of Cobb
Fred Aiken (I)
(R)
21.P.2
Portion of Cobb
Lynda Coker
(R)
21.P.3
Portion of Cobb
Bill Atkins (I)
(R)
21.P.4
Portion of Cobb
Kip Klein
(R)
21.P.5
Portion of Cobb
Tom Wilder (I)
(R)
22
Portion of Fulton
Dorothy Felton (I)
(R)
23
Portion of Fulton
Tom Campbell (I)
(R)
24
Portion of Fulton
Kil Townsend (I)
(R)
25
Portion of Fulton
John M. Lupton (I)
(R)
26
Portion of Fulton
Jim Martin (I)
(D)
27
Portion of Fulton
Dick Lane (I)
(D)
28
Portion of Fulton
Bob Holmes (I)
(D)
29
Portion of Fulton
Grace W. Davis (I)
(D)
30
Portion of Fulton
Nan Orrock (I)
(D)
31
Portion of Fulton
Mable Able Thomas (I)
(D)
32
Portion of Fulton
Helen Selman (I)
(D)
33
Portion of Fulton
Lanett Stanley (I)
(D)
34
Portion of Fulton
Tyrone Brooks (I)
(D)
35
Portion of Fulton
J. E. (Billy) McKinney (I)
(D)
36
Portion of Fulton
Anthony Hightower
(D)
37
Portion of Fulton
Georganna T. Sinkfield (I)
(D)
38
Portion of Fulton
Henrietta Mathis Canty
(D)
39
Fulton
Ralph David Abernathy, III (I)
(D)
40
Fulton
Cynthia Ann McKinney (I)
(D)
41
Portion of Douglas, Portion Charlie Watts (I)
(D)
of Paulding
42
Portion of Douglas
Thomas "Mac" Kilgore (I)
(D)
43
Fayette
Paul W. Heard, Jr. (I)
(R)
44
Portion of DeKalb
Bart Ladd
(R)
45
Portion of DeKalb
Max Davis (I)
(R)
46
Portion of DeKalb
Doug Teper (I)
(D)
JOURNAL OF THE HOUSE,
47
Portion of DeKalb
Tom Sherrill
(D)
48
Portion of DeKalb
Betty Jo Williams (I)
(R)
49
Portion of DeKalb
Tom Lawrence (I)
(R)
50
Portion of DeKalb
Frank L. Redding, Jr. (I)
(D)
51
Portion of DeKalb
Thurbert E. Baker (I)
(D)
52
Portion of DeKalb
Rita Valenti
(D)
53
Portion of DeKalb
Mary Margaret Oliver (I)
(D)
54
Portion of DeKalb
Juanita T. Williams (I)
(D)
55
Portion of DeKalb
Nadine Thomas
(D)
56
Portion of DeKalb
Henrietta E. Turnquest
(D)
57,P.l
Portion of DeKalb,
David B. Irwin
(D)
Rockdale
57.P.2
Portion of DeKalb,
Michele Henson
(D)
Rockdale
57.P.3
Portion of DeKalb,
Dean Alford (I)
(D)
Rockdale
58
Portion of DeKalb
Tommy Tolbert (I)
(R)
59
Portion of Gwinnett
Mike Barnett (I)
(R)
60
Portion of Gwinnett
Keith Breedlove (I)
(R)
61
Portion of Gwinnett
Vinson Wall (I)
(R)
62
Portion of Gwinnett
Emory Morsberger
(R)
63
Portion of Gwinnett
Bill Goodwin (I)
(R)
64
Barrow, Portion of
John 0. Mobley, Jr. (I)
(D)
Gwinnett
65
Walton
Tyrone Carrell (I)
(D)
66
Morgan, Portion of Newton, Frank E. Stancil (I)
(D)
Oconee
67
Portion of Clarke
Michael "Mike" Thurmond (I)
(D)
68
Portion of Clarke
Lawton Evans Stephens (I)
(D)
69
Portion of Carroll
Charles Thomas (I)
(D)
70
Portion of Carroll
John Simpson (I)
(D)
Portion of Douglas
71
Portion of Carroll
Portion of Coweta
Sidney Pope Jones, Jr. (I)
(R)
72.P.1
Clayton
William J. "Bill" Lee (I)
(D)
72,P.2
Clayton
Jimmy W. Benefleld (I)
(D)
72.P.3
Clayton
Glynda B. King
(D)
72.P.4
Clayton
John M. Chafin
(D)
72.P.5 73 74 75
76 77
78
79 80
81 82
83 84
85 86 87 88 89 90 91
92 93
94 95 96 97 98
99
MONDAY, JANUARY 14, 1991
Clayton
Gail M. Buckner
(D)
Portion of Henry
Wesley Dunn (I)
(D)
Portion of Newton
Denny M. Dobbs (I)
(D)
Portion of Coweta, Portion Crisp B. Flynt
(D)
of Pike, Portion of Spalding
Portion of Spalding
Suzi Johnson-Herbert (I)
(D)
Portion of Coweta, Heard,
J. Crawford Ware (I)
(D)
Portion of Troup
Butts, Portion of Henry,
Larry Smith (I)
(D)
Lam&r
Portion of Pike, Upson
Marvin Adams (I)
(D)
Portion of Crawford, Jasper, Curtis S. Jenkins (I)
(D)
Portion of Jones, Monroe
Portion of Troup
Wade Milam (I)
(D)
Glascock, Portion of Jefferson, Lincoln, Taliaferro, Warren, Wilkes
Edward D. Ricketson, Jr. (I)
(D)
Portion of Columbia
B. Joseph "Joey" Brush
(R)
Portion of Columbia,
Bobby Harris (I)
(D)
McDuffie
Portion of Richmond
Henry Howard
(D)
Portion of Richmond
Mike Padgett (I)
(D)
Portion of Richmond
Jack Connell (I)
(D)
Portion of Richmond
George M. Brown (I)
(D)
Portion of Richmond
Don Cheeks (I)
(D)
Portion of Richmond
Robin L. Williams
(R)
Portion of Coweta, Meriwether, Talbot
Leonard R. "Nookie" Meadows (D) (I)
Portion of Muscogee
Calvin Smyre (I)
(D)
Harris, Portion of
Roy D. Moultrie (I)
(D)
Muscogee
Portion of Muscogee
Maretta M. Taylor
(D)
Portion of Muscogee
Thomas B. Buck, III (I)
(D)
Portion of Muscogee
Jed Harris
(D)
Portion of Muscogee
Ronnie Culbreth
(D)
Portion of Crawford,
Robert Ray (I)
(D)
Portion of Macon, Peach
Portion of Bibb
Denmark Groover, Jr. (I)
(D)
JOURNAL OF THE HOUSE,
100
Portion of Bibb
Frank Pinkston (I)
(D)
101
Portion of Bibb
William C. (Billy) Randall (I)
(D)
102
Portion of Bibb
David E. Lucas (I)
(D)
103
Portion of Bibb
Wayne A. Elliott
(R)
104
Portion of Jones, Twiggs,
Kenneth (Ken) W. Birdsong (I)
(D)
Wilkinson
105
Portion of Baldwin
Bobby Eugene Parham (I)
(D)
106
Greene, Hancock, Putnam
George F. Green (I)
(D)
107
Portion of Baldwin, Portion Jimmy Lord (I)
(D)
of Johnson, Washington
108
Portion of Burke, Portion
Emory E. Bargeron (I)
(D)
of Jefferson
109
Candler, Emanuel, Portion Larry J. "Butch" Parrish (I)
(D)
of Johnson
110
Portion of Bulloch, Portion John F. Godbee (I)
(D)
of Burke, Jenkins, Portion
of Screven
111
Portion of Bulloch, Portion Bob Lane (I)
(D)
of Screven
112
Portion of Chattahoochee,
Ward Edwards (I)
(D)
Marion, Schley, Taylor
113
Portion of Houston
Jay Walker
(D)
114
Portion of Houston
Roy H. (Sonny) Watson, Jr. (I)
(D)
115
Portion of Houston,
Larry Walker (I)
(D)
Portion of Macon
116
Sumter
Jimmy Skipper
(D)
117
Bleckley, Pulaski, Portion, Newt Hudson (I)
(D)
of Turner, Wilcox
118
Dodge, Portion of Laurens, Terry L. Coleman (I)
(D)
Portion of Telfair
119
Laurens
DuBose Porter (I)
(D)
120
Montgomery, Portion of
Fisher Barfoot (I)
(D)
Toombs, Treutlen, Wheeler
121
Evans, Long, Tattnall
Clinton Oliver (I)
(D)
122
Portion of Chatham
Tom Bordeaux
(D)
123
Portion of Chatham
John W. Merritt
(D)
124
Portion of Chatham
DeWayne Hamilton (I)
(D)
125
Portion of Chatham
Jack Kingston (I)
(R)
126
Portion of Bryan,
Anne Mueller (I)
(R)
Portion of Chatham
MONDAY, JANUARY 14, 1991
127
Portion of Chatham
Dorothy B. Pelote
(D)
128
Portion of Chatham
Sonny Dixon (I)
(D)
129
Portion of Bryan, Effingham, Ann R. Purcell
(D)
Portion of Liberty
130
Portion of Chattahoochee,
Gerald E. Greene (I)
(D)
Quitman, Randolph, Stewart,
Webster
131
Calhoun, Clay, Portion
Bob Hanner (I)
(D)
of Lee, Terrell
132
Portion of Dougherty
John White (I)
(D)
133
Portion of Dougherty
Tommy Chambless (I)
(D)
134
Portion of Dougherty
Mary Young-Cummings (I)
(D)
135
Crisp, Dooly
Johnny W. Floyd (I)
(D)
136
Portion of Lee, Portion
Ray Holland (I)
(D)
of Turner, Worth
137
Ben Hill, Irwin, Portion
Paul S. Branch, Jr. (I)
(D)
of Telfair
138
Portion of Tift
Henry Bostick (I)
(D)
139
Portion of Atkinson, Coffee Van Street, Sr. (I)
(D)
140
Baker, Portion of Dougherty Ralph J. Balkcom (I)
(D)
Early, Miller
141
Portion of Decatur, Seminole Kermit Francis Bates, Jr. (I)
(D)
142
Portion of Decatur, Grady, Bobby Long (I)
(D)
Portion of Thomas
143
Portion of Thomas
Theo Titus, III (I)
(R)
144
Portion of Colquit, Mitchell, A. Richard Royal (I)
(D)
Portion of Thomas
145
Portion of Colquitt
C. J. Powell (I)
(D)
146
Berrien, Cook, Portion
Hanson Carter (I)
(D)
of Tift
147
Brooks, Echols, Portion of
Henry L. Reaves (I)
(D)
Lowndes
148
Portion of Lowndes
Tim Golden
(D)
149
Lanier, Portion of Lowndes Robert L. Patten (I)
(D)
150
Portion of Atkinson, Portion Peg Blitch
(D)
of Charlton, Clinch, Portion
of Ware
151
Portion of Camden, Portion Harry D. Dixon (I)
(D)
of Charlton, Portion of Ware
8
JOURNAL OF THE HOUSE,
152
Bacon, Portion of Brantley Tommy Smith (I)
(D)
Portion of Camden, Pierce
153.P.1 Appling, Portion of Brantley, Lundaford Moody (I)
(D)
Jeff Davis, Portion of
Toombs, Wayne
153.P.2 Appling, Portion of Brantley, Roger C. Byrd (I)
(D)
Jeff Davis, Portion of
Toombs, Wayne
154
Portion of Liberty
James M. Floyd (I)
(D)
155
Portion of Glynn
Ron Fennel (I)
(D)
156
Portion of Glynn, Mclntosh Willou Smith (I)
(R)
I = Incumbent
D = Democrat R = Republican
The roll was called and the following Representatives-elect answered to their names:
Abernathy Adams Aiken Alford Atkins Baker
Balkcom Barfoot
Bargeron Barnett,B Barnett,M Bates Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove Brooks Brown Brush Buck
Buckner Byrd
Campbell Canty
Carrell Carter
Chafm Cheeks Childers Clark,E
Clark.H Clark.L
Coker Coleman Colwell Connell Culbreth Cummings,B
Cummings.M Davis.G
Davis,M Dixon.H Diion.S Dobbs Dover Dunn Edwards Elliott Felton Fennel Floyd,J.M Floyd,J.W Flynt Godbee Golden Goodwin
Green Greene
Griffin Groover
Hamilton Hammond
Hanner Harris,B Harris,J Heard
Henson Herbert
Hightower Holland Holmes Howard Hudson Irwin
Jackson Jamieson
Jenkins Jones Kilgore King Kingston Klein Ladd Lane.D Lane,R Langford Lawrence Lawson Lee Long Lord Lucas
Lupton Mann
Martin McCoy
McKelvey McKinney.B
McKinney.C Meadows Merritt Milam
Mills Mobley
Moody Morsberger Moultrie Mueller Oliver.C Oliver,M
Orr Orrock
Padgett Parham Parrish Patten Pelote Perry Pettit Pinholster Pinkston Poag Porter Poston Powell,A PowelLC Purcell Randall
Ray Reaves
Redding Ricketson
Royal Selman
Sherrill Simpson Sinkfield Skipper
Smith,L Smith.P
Smith,T Smith.W Smyre Snow Stancil,F Stancil,S
Stanley Stephens
Streat Taylor Teper Thomas,C Thomas,M Thomas,N Thurmond Titus Tolbert Townsend Turnquest Twiggs Valenti Vaughan Walker.J Walker.L
Wall Ware
Watson Watts
White ..,,
,!,? o "' ;< s,B Williams,J Williams,R
Yeargin Murphy,Spkr
The following oath of office was administered to the Representatives-elect by Judge Jonathan C. Peters of the Superior Court, DeKalb County, Georgia:
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the
MONDAY, JANUARY 14, 1991
9
United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the Communist Party.
So help me God!
The following oath of office was administered to Representative Chambless of the 133rd by Superior Court Judge Loring A. Gray, Jr.:
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Tommy Chambless State Representative Sworn to and subscribed before me, this 14th day of January, 1991.
/s/ Loring A. Gray, Jr. Judge, Superior Court
The next order of business being the election of a Speaker of the House for the ensuing term of two years, Representative Walker of the 115th placed in nomination the name
of the Honorable Thomas B. Murphy of the 18th, which nomination was seconded by Representative Groover of the 99th.
Representative Williams of the 48th placed in nomination the name of the Honorable Paul W. Heard of the 43rd, which nomination was seconded by Representative Aiken of the 21st.
Representative Walker of the 115th moved that the nominations be closed. The motion prevailed.
The election of the Speaker was ordered on the roll call machine and by unanimous consent, those voting for Representative Murphy should vote "aye"; those voting for Representative Heard should vote "nay".
The vote was as follows:
Y Abernathy Y Adams
Aiken Y Alford N Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B N Barnett,M Y Bates
N Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown N Brush
YBuck
Y Buckner
YByrd N Campbell Y Canty Y Carrell
Y Carter YChafm E Chambless Y Cheeks Y Childers N Clark,E N Clark.H
Y Clark,L N Coker Y Coleman Y Colwell Y Connel! Y Culbreth Y Cummings,B Y Cummings.M Y Davi8,G N Davis.M Y Dixon,H Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott N Felton Y Fennel Y Floyd^.M Y Floyd,J.W YFlynt Y Godbee Y Golden
10
JOURNAL OF THE HOUSE,
N Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris,B Y Harris,J N Heard YHenson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson,J Y Jamieson Y Jenkins N Jones Y Kilgore
Y King N Kingston N Klein N Ladd Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas N Lupton N Mann Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody N Moreberger Y Moultrie N MueUer Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parharo Y Parrish Y Patten Y Pelote Y Perry Y Pettit N Pinholster Y Pinkston Y Poag Y Porter Y Postal Y Powell,A Y Powell.C Y Purcell
Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P Y Smith,T N Smith,W Y Smyre Y Snow Y Stancil.F N Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert N Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan Y WalkerJ Y Walker,L N Wall Y Ware Y Watson Y Watts Y White N Wilder N Williams,B Y Williams,J N Williams,R Y Yeargin Y Murphy,Spkr
On the election of the Speaker, the Honorable Thomas B. Murphy received 146 votes and the Honorable Paul W. Heard received 32 votes.
Representative Aiken of the 21st stated that he wished to be recorded as voting "nay" on the preceding roll call.
The Honorable Thomas B. Murphy of the 18th, having received the majority of the votes cast, was thereby declared elected Speaker of the House for the ensuing term.
The Chair appointed as a Committee to escort the Speaker to the Speaker's stand the following members:
Representatives Bostick of the 138th, Carrell of the 65th, Floyd of the 154th, Hudson of the 117th, Poston of the 2nd, Simpson of the 70th, Streat of the 139th and Williams of the 54th.
The Honorable Thomas B. Murphy was escorted to the Speaker's stand whereupon he assumed the Chair and thanked the members for having elected him Speaker.
The next order of business being the election of a Clerk of the House for the ensuing term of two years, Representative Buck of the 95th placed in nomination the name of the Honorable Glenn W. Ellard of Habersham County, which nomination was seconded by Representative Pinkston of the 100th.
Representative Walker of the 115th moved that the nominations be closed and that the Acting Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Clerk of the House, the Honorable Glenn W. Ellard of Habersham County received 179 votes, being the entire vote of the membership present.
The Honorable Glenn W. Ellard was thereby declared elected Clerk of the House for the ensuing term.
The following oath of office was administered to the Honorable Glenn W. Ellard, Clerk of the House, by Chief Judge Jack N. Gunter, Mountain Judicial Circuit:
I hereby swear that I will discharge the duties of the office of the Clerk of the House of Representatives, faithfully and to the best of my skill and knowledge. I further swear
MONDAY, JANUARY 14, 1991
11
that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party.
So help me God!
M Glenn W. Ellard
Oath given this 16th day of January, 1991 at Clarkesville, GA.
/s/ Jack N. Gunter Jack N. Gunter, Chief Judge Mountain Judicial Circuit Superior Courts
The next order of business being the election of a Speaker Pro Tempore for the House for the ensuing term of two years, the name of the Honorable Jack Connell of the 87th was placed in nomination by Representative Lee of the 72nd, which nomination was sec-
onded by Representative Edwards of the 112th.
Representative Walker of the 115th moved that the nominations be closed and that the Acting Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Speaker Pro
Tempore of the House, the Honorable Jack Connell received 179 votes, being the entire vote of the membership present.
The Speaker appointed as a committee to escort the Speaker Pro Tempore to the podium the following members:
Representatives Baker of the 51st, Barfoot of the 120th, Moody of the 153rd, Dixon of the 128th, Dunn of the 73rd, Holland of the 136th, Langford of the 7th and Orrock of the 30th.
The Honorable Jack Connell of the 87th was escorted to the podium where he addressed the House expressing his appreciation to the members for having elected him as Speaker Pro Tempore of the House of Representatives.
The next order of business being the election of a Messenger of the House for the ensuing term of two years, Representative Reaves of the 147th placed in nomination the name of the Honorable Elmore C. Thrash of Lowndes County, which nomination was sec-
onded by Representative Jamieson of the llth.
Representative Walker of the 115th moved that the nominations be closed and that the Acting Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Messenger of the House,
the Honorable Elmore C. Thrash of Lowndes County received 179 votes, being the entire vote of the membership present.
The Speaker appointed as a committee to escort the Messenger to the well of the House the following members:
Representatives Patten of the 149th, Golden of the 148th, Streat of the 139th, Redding of the 50th, Carter of the 146th, Padgett of the 86th, Green of the 106th and Reaves of the 147th.
12
JOURNAL OF THE HOUSE,
The Messenger was escorted to the well of the House where the oath of office was administered by the Speaker, after which he addressed the House expressing his appreciation to the members for having elected him as Messenger of the House of Representatives.
The next order of business being the election of a Doorkeeper of the House, Represen-
tative Hudson of the 117th placed in nomination the name of the Honorable Ben Jessup, which nomination was seconded by Representative Long of the 142nd.
Representative Walker of the 115th moved that the nominations be closed and that
the Acting Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Doorkeeper of
the House, the Honorable Ben Jessup received 179 votes, being the entire vote of the membership present.
The Honorable Ben Jessup was thereby declared elected Doorkeeper of the House for the ensuing term.
The Speaker appointed as a committee to escort the Doorkeeper to the well of the House the following members:
Representatives Kilgore of the 42nd, Floyd of the 135th, Wall of the 61st, Birdsong of the 104th, Clark of the 13th, Orrock of the 30th, Thurmond of the 67th and Atkins of the 21st.
The Honorable Ben Jessup was escorted to the Clerk's stand where the oath of office was administered by the Speaker, after which he addressed the House expressing his
appreciation to the members for having elected him as Doorkeeper of the House of Representatives.
The Honorable Ed Moses was appointed by the Speaker as Sergeant-at-Arms of the House of Representatives.
The Honorable Ed Moses was escorted to the Clerk's stand where the oath of office was administered by the Speaker, after which he addressed the House expressing his appreciation for having been appointed as Sergeant-at-Arms of the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 1. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th
A RESOLUTION
To notify the Senate that the House of Representatives has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session, has organized by the election of Honorable Thomas B. Murphy of the 18th District as Speaker and Honorable Glenn W. Ellard of Habersham County as Clerk, and is now ready for the transaction of business.
HR 2. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th
MONDAY, JANUARY 14, 1991
13
A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the regular 1990 session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Representatives for the regular 1991 session.
HR 3. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th
A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 1991 regular session of the General Assembly of Georgia and until otherwise provided for by resolution of the House:
Parti.
Section 1-1. Subject to the availability of funds appropriated or otherwise available for the House of Representatives and House Research Office, the Speaker of the House is authorized to employ on behalf of the House of Representatives: a sergeant-at-arms, a postmaster or postmistress, assistant postmasters or assistant postmistresses, assistant doorkeepers, pages, aides, secretaries, stenographers, typists, clerks, porters, court reporters, consultants, and other necessary personnel; and the Speaker is authorized to provide for a House Research Office and to employ personnel for said office. The numbers and compensation of personnel so employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the House of Representatives and the House Research Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker; and any such personnel may be assigned to House officers, committees, committee officers, caucuses, and caucus officers as deemed appropriate by the Speaker, including without limitation assignment of aides to the Speaker Pro Tempore, the Majority Leader, and the Minority Leader.
Section 1-2. The Speaker is also authorized to secure the services of chaplains and interns and provide expense reimbursement allowances for them within the limitations of funds appropriated or otherwise available.
Section 1-3. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, shall be compensated in an amount to be fixed by the Speaker of the House.
Part 2.
Section 2-1. Subject to the availability of funds appropriated or otherwise available for the Clerk of the House's Office, the Clerk of the House is authorized to employ for the Clerk's office: assistant clerks, reading clerks, calendar clerks, journal clerks, secretaries, copy readers, typists, Multilith operators, Xerox operators, collator operators, porter-machinists, roll-call operators, clerical assistants, terminal operators, camera operators, supply and mail clerks, document distributors, audio operators, porters, personnel to distribute bills and other materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by
14
JOURNAL OF THE HOUSE,
the Clerk within the limitations of funds appropriated or otherwise available for the operation of the Clerk of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Clerk. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Clerk.
Section 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be $46,350.00 per annum. During his tenure of office, he shall receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by him.
Part 3.
Section 3-1. Subject to the availability of funds appropriated or otherwise available for the operation of the Speaker of the House's Office, the Speaker of the House is authorized to employ in his office interns, aides, secretaries, stenographers, typists, consultants, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the Speaker of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker.
Part 4.
Section 4-1. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: The Speaker of the House, the Speaker Pro Tempore, the Majority Leader, the Minority Leader, the Administration Floor Leader, and the Assistant Administration Floor Leaders. For each such day spent on official business each of such officers shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees, provided that the Assistant Administration Floor Leaders shall receive such expense, mileage, and travel allowances only upon the authorization and approval of vouchers by the Administration Floor Leader.
Section 4-2. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each member of the House of Representatives is designated as a committee of one for the purpose of carrying out legislative duties only within the State of Georgia. For each such day of service, each member shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees but shall not receive the same for more than seven days each year.
Section 4-3. Pursuant to the provisions of law, in addition to any other compensation they receive as members of the General Assembly, the Majority Leader, the Minority Leader, and the Administration Floor Leader each shall receive an amount of $2,400.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Each of the Assistant Administration Floor Leaders shall likewise receive an amount of $1,200.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Prior to serving as Administration Floor Leader or as an Assistant Administration Floor Leader, a Representative must be certified as such by the Governor in writing to the Speaker of the House and the Clerk of the House.
Part 5.
Section 5-1. During any period or day of adjournment during a regular or special session, the Speaker is empowered to give authorization for standing committees of the
MONDAY, JANUARY 14, 1991
15
House and such other committees as he might create to remain at the Capitol during any such period of time for the purpose of considering and studying proposed legislation and other matters. Members of such committees as shall be designated by the Speaker to remain at the Capitol shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees.
Section 5-2. The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study committees and for the purpose of performing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the interim and the members thereof shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees. The Speaker shall designate the chairman of any such committee and shall prescribe the time for which any such committee is authorized to function. The Speaker is authorized to extend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees.
Part 6.
Section 6-1. The funds necessary to carry out the provisions of Parts 1, 4, and 5 of this resolution shall come from funds appropriated or otherwise available for the operation of the House of Representatives and House Research Office. The funds necessary to carry out the provisions of Part 2 of this resolution shall come from funds appropriated or otherwise available for the operation of the Clerk of the House's Office. The funds necessary to carry out the provisions of Part 3 of this resolution shall come from funds appropriated or otherwise available for the operation of the Speaker of the House's Office.
Section 6-2. Any personnel employed pursuant to this resolution shall serve at the pleasure of the appointing authority; and any such personnel may be discharged by the appointing authority with or without cause.
Section 6-3. This resolution shall take effect immediately upon its adoption by the House of Representatives.
HR 4. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th
A RESOLUTION
Calling a joint session of the House of Representatives and Senate; providing for other matters relative to the inauguration of the Governor and Lieutenant Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the House of Representatives and Senate meet in joint session at 2:00 P.M., Monday, January 14, 1991, for the purpose of inaugurating Honorable Zell Miller as Governor and Honorable Pierre Howard as Lieutenant Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker and seven from the Senate to be named by the President, be appointed to escort the incoming Governor and the incoming Lieutenant Governor to the scene of the inauguration.
Pursuant to the provisions of HR 4, the Speaker appointed as a Committee on the part of the House the following members:
16
JOURNAL OF THE HOUSE,
Representatives Adams of the 79th, Carter of the 146th, Cheeks of the 89th, Cummings of the 134th, Green of the 106th, Martin of the 26th and Ray of the 98th.
HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Zell Miller, is hereby invited to address a joint session of the House of Representatives and the Senate at 12:00 Noon, Wednesday, January 16, 1991, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 11:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
Pursuant to the provisions of HR 5, the Speaker appointed as a Committee on the part of the House the following members:
Representatives Thurmond of the 67th, Barnett of the 10th, Dobbs of the 74th, Milam of the 81st, Mobley of the 64th, Selman of the 32nd and Teper of the 46th.
HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th
A RESOLUTION
Inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at a joint session of the House of Representatives and the Senate which will be held in the hall of the House of Representatives at 11:45 A.M., Wednesday, January 16, 1991, to hear an address by His Excellency, the Governor.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.
HR 8. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
MONDAY, JANUARY 14, 1991
17
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Zell Miller, is hereby invited to address a joint session of the House of Representatives and the Senate at 12:00 Noon, Friday, January 18, 1991, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 11:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.
Pursuant to the provisions of HR 8, the Speaker appointed as a Committee on the part of the House the following members:
Representatives Bates of the 141st, Jamieson of the llth, Jenkins of the 80th, Lane of the lllth, Orrock of the 30th, Porter of the 119th and Baker of the 51st.
HR 9. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Harold G. Clarke, Chief Justice of the Supreme Court, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Monday, February 4, 1991, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from Chief Justice Clarke.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from Chief Justice Clarke.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.
The Speaker announced the following committee assignments:
AGRICULTURE & CONSUMER AFFAIRS
Reaves, Chairman Oliver, Clinton, Vice-Chairman Selman, Secretary Balkcom Beatty BBruacnkcnher
Clark, Eugene Coker
Floyd, Johnny
Godbee Greene Holland Mood Q "Pmrrh, oU. .ter
Powell, C. J. Purcell
Ray
18
JOURNAL OF THE HOUSE,
Royal Stanley Streat
Titus Walker, Larry
Coleman, Chairman Adams, Vice-Chairman Parrish, Secretary Atkins Bostick Buck C"h*a*m**bless ptoWers Clark, Louie
DIJuunn Edwards
T Floyd James Hamilton
Harris Heard Holmes Hudson Jackson Kilgore, Lane, Dick
APPROPRIATIONS
Lane, Robert Lee Long Lucas Martin McKinney, J. E. POalidver,ttClinton Patten p ttit
Sin Porter Reaves
Stancil, Frank Townsend TWw.a.lkesr, TLarry Ware Watson Watts Williams, Betty Jo Dover, Ex Officio Godbee, Ex-Officio
Pinkston, Chairman
Padgett, Vice-Chairman Milam, Secretary Abernathy
Benefield Carrell Chafln
Clark, Eugene Culbreth
Floyd, James Flynt Golden
Goodwin Hammond
BANKS & BANKING
Harris, Jed King Langford Lawrence Long Morsberger Parrish Poag Ricketson Selman Smith, Larry Townsend Walker, Homer White
Lord, Chairman Stanley, Vice-Chairman Poston, Secretary Abernathy Barfoot Bargeron
DEFENSE & VETERANS AFFAIRS
Branch Breedlove Clark, Herman Fennel Henson Mann
MONDAY, JANUARY 14, 1991
19
McKelvey Padgett Poag
Wall Wilder
Kilgore, Chairman Hamilton, Vice-Chairman Thurmond, Secretary Aiken Barnett, Mike Campbell Clark, Eugene Dover Herbert Irwin Mills
EDUCATION
Orr Poston Purcell Sherrill Simpson Sinkfield Smith, Tommy Taylor Thomas, Mable Walker, Homer White
Balkcom, Chairman Moody, Vice-Chairman Meadows, Secretary Buckner Coker Davis, J. Max Jones McKelvey
GAME, FISH & PARKS
Milam Moultrie Pelote Poag Redding Tolbert Twiggs
Holmes, Chairman Greene, Vice-Chairman Moultrie, Secretary Canty Edwards
GOVERNMENTAL AFFAIRS
Goodwin Holland Patten Stancil, Steve Titus
Childers, Chairman Hudson, Vice-Chairman Carrell, Secretary Bordeaux Culbreth King McKinney, J. E. Mills Morsberger Moultrie Mueller
HEALTH & ECOLOGY
Orrock Parham Randall Redding Selman Simpson Skipper Smith, Tommy Vaughan Wall Wilder
HUMAN RELATIONS & AGING
Lucas, Chairman Clark, Louie, Vice-Chairman Green, Secretary Beatty
Blitch Davis, Grace Lawrence Lupton
20
JOURNAL OF THE HOUSE,
Ore Sherrill
Teper Williams, Juanita
Smyre, Chairman
McKelvey, Vice-Chairman
Martin, Secretary Atkins
Bordeaux Brown Campbell Coker
Cummings, Mary Y. Dover
INDUSTRIAL RELATIONS
Hightower Howard Mann Oliver, Mary Orrock Smith, Willou Thomas, Mable Turnquest Vaughan White
Watson, Chairman Branch, Vice-Chairman Brooks, Secretary Barfoot Bargeron
Green Hamilton Harris Henson
INDUSTRY
Herbert Kilgore Lee Lupton McKinney, J. E.
Pettit Powell, Alan
? Skipper Teper Williams, Betty Jo
Ware, Chairman
Dunn, Vice-Chairman Griffin, Secretary Abernathy Brown
Brush Canty Culbreth
Groover
INSURANCE
Henson Jones Kingston Ladd Lawson Lucas Ricketson Turnquest Williams, Robin
Birdsong, Chairman Edwards, Vice-Chairman
INTERSTATE COOPERATION
Long, Secretary Carter
Bargeron, Chairman Byrd, Vice-Chairman Yeargin, Secretary
Brush
JOURNALS
Merritt Orrock Williams, Juanita
Thomas, Charles, Chairman Chambless, Vice-Chairman
JUDICIARY
Pettit, Secretary Baker
MONDAY, JANUARY 14, 1991
21
Campbell Davis, J. Max Groover Hammond Hightower
Lawson
Oliver, Mary
Poston Simpson
Stephens Thurmond
LEGISLATIVE & CONGRESSIONAL REAPPORTIONMENT
Hanner, Chairman Smith, Tommy, Vice-Chairman Ray, Secretary Carrell Dixon, Johnnie *el%" Griffin HHaolmlamnod nd
Irwin
Jenkins
Kingston
Langford
Lawrence McCoy McKinney, Cynthia Merritt Mobley Moody T, IPe"ny"..
Smkfleld
Stephens
Tolbert
Yeargin
Alford, Chairman Dover
MARTOC
Lane, Dick Oliver, Mary
Parham, Chairman Barnett, Bill, Vice-Chairman
Harris, Robert, Secretary Barnett, Mike Bostick Brush
MOTOR VEHICLES
Carter Dixon, Harry Jackson Porter Powell, Alan Williams, Robin
NATURAL RESOURCES AND ENVIRONMENT
Patten, Chairman
Carter, Vice-Chairman Floyd, James, Secretary Adams Alford
Barfoot
Barnett, Mike Bordeaux
Breedlove Cheeks Coleman
Davis, Grace Dobbs
Elliott Fennel
Floyd, Johnny Flynt
Griffin
Hanner Harris Heard Jamieson
Lane, Robert
Long Lord
Lupton Mann Merritt
Porter Reaves
Teper Valenti
Vaughan Wilder
22
JOURNAL OF THE HOUSE,
Twiggs, Chairman Mobley, Vice-Chairman Davis, Grace, Secretary Alford Barnett, Bill Coleman Howard
PUBLIC SAFETY
Jenkins Ladd Meadows Stancil, Steve Streat Williams, Robin
Dixon, Harry, Chairman Redding, Vice-Chairman Brown, Secretary Atkins Cummings, Mary Y. Flynt
REGULATED BEVERAGES
Golden McCoy Powell, C. J. Titus Valenti
Cummings, Bill, Chairman Baker, Vice-Chairman Floyd, Johnny, Secretary Bates Brooks Buckner Chafin
RETIREMENT
Clark, Louie Davis, J. Max Pelote Powell, Alan Taylor Thomas, Nadine Townsend
Lee, Chairman Groover, Vice-Chairman Edwards, Secretary Aiken Baker Benefield
Chambless Connell Dunn Heard Herbert Hudson
RULES
Lane, Dick Lawson Parham Parrish Pinkston Randall
Smith, Willou
Thomas, Charles Walker, Larry Wall Ware Watson Watts
Randall, Chairman Bostick, Vice-Chairman Cummings, Mary Y., Secretary Aiken Goodwin Irwin Jenkins Jones
SPECIAL JUDICIARY
Klein Langford Martin Mueller Thomas, Mable Turnquest Walker, Homer
MONDAY, JANUARY 14, 1991
23
STATE INSTITUTIONS & PROPERTY
Colwell, Chairman Dobbs, Vice-Chairman
Smith, Larry, Secretary Bates Blitch
Breedlove Brooks
Canty Elliott
Greene Jackson
Klein
Lord McKinney, Cynthia
Mills Mueller Oliver, Clinton
Perry Powell, C. J.
Sinkfield Smith, Paul
Thomas, Nadine Williams, Betty Jo
Williams, Juanita
STATE PLANNING AND COMMUNITY AFFAIRS
Lane, Dick, Chairman Watts, Vice-Chainnan Smith, Paul, Secretary Alford
Bates Felton Green Howard Jamieson
King Mobley Morsberger Skipper
Snow Stancil, Steve Taylor Tolbert Yeargin
Benefield, Chairman Cheeks, Vice-Chairman Snow, Secretary Beatty Birdsong
Coulmwmelm! gs, .B..i.l.l DDioxbobns, Johnnie Fennel Godbee Ladd
TRANSPORTATION
McKinney, Cynthia Meadows Oliver, Mary perry Pinholster
RQihcpkreritlslon oSmi-tIh- DPaul, Streat Thomas, Charles Thomas, Nadine
UNIVERSITY SYSTEM OF GEORGIA
Buck, Chairman Lane, Robert, Vice-Chairman Stancil, Frank, Secretary Adams
Cheeks Chflders Clark, Herman Connell Elliott
Golden Hightower Klein Pelote
Pinholster Smith, Larry Stanley Stephens Valenti
Dover, Chairman Godbee, Vice-Chairman
WAYS & MEANS
Royal, Secretary Balkcom
24
JOURNAL OF THE HOUSE,
Harriett, Bill Birdsong Clark, Herman
Cummings, Bill Harris, Robert Holmes
Jamieson Kingston
McCoy Milam Smith, Willou
Snow Stancil, Frank Thurmond
Adams, Ex-Officio Coleman, Ex-Officio
The following communications were received:
House of Representatives 415 State Capitol Atlanta, Georgia
November 14, 1990
The Honorable Glenn W. Ellard Clerk, House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard:
This is to certify that Representative Larry Walker, District 115, was duly elected Majority Leader of the Democratic Caucus of the House of Representatives at a meeting of the Caucus held on November 14, 1990 at the State Capitol, Atlanta, Georgia.
This certification is submitted pursuant to the Rules of the House of Representatives.
So certified this 14th day of November, 1990.
Sincerely, /s/ Wm. J. Lee
House of Representatives Atlanta, Georgia 30334
December 31, 1990
The Honorable Glenn W. Ellard Clerk, House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard:
This is to certify that Representative Paul W. Heard, Jr., District 43, was duly elected Minority Leader of the Republican Caucus of the House of Representatives at a meeting of the Caucus held on November 16, 1990 at the State Capitol, Atlanta, Georgia.
Sincerely, /s/ Dorothy Felton
Caucus Chairman
DF:sc
cc: The Honorable Thomas B. Murphy, Speaker
The General Assembly Atlanta
January 10, 1991
MONDAY, JANUARY 14, 1991
25
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE FIFTH CONGRESSIONAL DISTRICT
Pursuant to the provisions of O.C.G.A. Section 32-2-20, this is to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Fifth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday January 17, 1991, at 2:00 P.M. Members of the Senate from those senatorial districts embraced or partly embraced within the Fifth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Fifth Congressional District are eligible to participate in said caucus.
Sincerely yours, /s/ Pierre Howard
President-elect of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives
The General Assembly Atlanta
January 10, 1991
TO: MEMBERS OF THE GENERAL ASSEMBLY FROM THE SIXTH CONGRESSIONAL DISTRICT
Pursuant to the provisions of O.C.G.A. Section 32-2-20, this is to notify you that a caucus is hereby called for the purpose of electing the member of the State Transportation Board from the Sixth Congressional District. Such caucus will be held in the Senate Chamber, State Capitol Building, Atlanta, Georgia, on Thursday January 17, 1991, at 3:00 P.M. Members of the Senate from those senatorial districts embraced or partly embraced within the Sixth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Sixth Congressional District are eligible to participate in said caucus.
Sincerely yours, /s/ Pierre Howard
President-elect of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives
House of Representatives Atlanta, Georgia 30334
March 30, 1990
The Right Honorable Governor of the State of Georgia Room 203, State Capitol Atlanta, Georgia 30334
Dear Governor Harris:
It has been a great opportunity to serve in the General Assembly as Representative for the people of Cobb County in the 21st District. However, my recent appointment as member of the State Department of Transportation Board does not allow me the privilege of continuing to represent the people of the 21st District in the State House. Therefore, effective April 11, 1990,1 hereby resign the office of Representative of the State of Georgia for the 21st District, Post 4, Cobb County.
26
JOURNAL OF THE HOUSE,
I look forward to the challenges ahead as a member of the State Department of Transportation Board, and hope that I may continue to be a representative for the people of Cobb County as well as the entire 7th District in this new position.
Sincerely, /s/ William J. Gresham, Jr.
State of Georgia Office of the Governor
Atlanta 30334
April 4, 1990
Honorable William J. Gresham, Jr. State Representative 1010 Richmond Hill Drive Marietta, Georgia 30068
Dear Representative Gresham:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation as a member of the Georgia House of Representatives. By copy of this letter, your resignation is hereby accepted effective April 11, 1990.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest regards, I remain
Sincerely, /s/ Joe Frank Harris
JFH/rsh
cc: Honorable Max Cleland, Secretary of State Honorable Thomas B. Murphy, Speaker of the House of Representatives Honorable Glenn W. Ellard, Clerk of the House of Representatives
House of Representatives Atlanta, Georgia 30334
December 31, 1990
The Honorable Glenn Ellard Clerk, House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard:
The House Republican Caucus met on November 16, 1990 to elect officers for the 1991-92 term. The following officers were elected:
Representative Paul W. Heard, Jr., Minority Leader Representative Dorothy Felton, Minority Caucus Chairman Representative Steve Stancil, Minority Caucus Vice-Chairman Representative Tom Lawrence, Minority Caucus Whip Representative Anne Mueller, Minority Caucus Secretary.
MONDAY, JANUARY 14, 1991
27
DF:sc
Sincerely, /s/ Dorothy Felton
Caucus Chairman
cc: The Honorable Thomas B. Murphy, Speaker
House of Representatives Atlanta, Georgia 30334
April 24, 1990
Honorable Joe Frank Harris Governor, The State of Georgia State Capitol Atlanta, Georgia 30334
Dear Governor Harris:
This is to notify you that I submit my resignation effective April 30, 1990.
Sincerely, /s/ John G. Crawford
Representative District 5
JGC/rh
State of Georgia Office of the Governor
Atlanta 30334
April 30, 1990
Honorable John G. Crawford State Representative Post Office Box 308 Lyerly, Georgia 30730
Dear Representative Crawford:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation as a member of the Georgia House of Representatives. By copy of this letter, your resignation is hereby accepted, effective April 30, 1990.
Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future.
With kindest regards, I remain
Sincerely, /s/ Joe Frank Harris
JFH/rsh
cc: Honorable Max Cleland, Secretary of State Honorable Thomas B. Murphy, Speaker of the House of Representatives Honorable Glenn W. Ellard, Clerk of the House of Representatives
28
JOURNAL OF THE HOUSE,
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334
May 2, 1990
Honorable Zell Miller Lieutenant Governor State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Miller:
I have vetoed Senate Bills 238, 411, 412, 448, 548, 686 and 716 which were passed by the General Assembly of Georgia at the 1990 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I tansmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached.
With kindest regards, I remain
Sincerely, /s/ Joe Frank Harris
JFH/rsh Attachment
cc: Honorable Thomas B. Murphy, Speaker of the House of Representatives
Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
VETO NO. 27 - SENATE BILL 238 BY SENATOR PEEVY
This bill would amend the law relating to discretionary appeals to the appellate courts of this State to provide that child custody matters would not be subject to discretionary appeals. In 1979, the General Assembly enacted the discretionary appeal law which provided that certain types of cases, including child abuse cases, would not have the right of direct appeal to the Court of Appeals, but would be handled by a new discretionary appeal process. This process was not implemented to lessen the rights of any party to an action, but to expedite the handling of appeals by the appellate courts in this State.
Each discretionary appeal is reviewed by three judges of the Court of Appeals as in a direct appeal. The only difference between a discretionary and a direct appeal is that the court would not require oral argument or issue an opinion where it was apparent that no error of law existed. Because of the sensitive nature of matters involving child custody it is imperative that those cases be handled as quickly as possible. I do not believe that the court has in any way diminished its review of these important cases, and this legislation would only impede the pertinent process.
For these reasons, I vetoed the legislation.
VETO NO. 19 - SENATE BILL 411 BY SENATOR POLLARD
This bill amended the law relating to sparsity grants under the "Quality Basic Education Act" so as to continue certain sparsity grants. After the legislation passed, technical problems were found in the bill which could have had a negative effect on the counties
MONDAY, JANUARY 14, 1991
29
receiving the sparsity grants. After further review by the Department of Education and the Office of Planning and Budget, it was found that the grants could be continued as provided for the budget act. Therefore, this bill was not necessary.
For this reason, I vetoed the legislation.
VETO NO. 26 - SENATE BILL 412 BY SENATOR FULLER
This bill provided that prohibitions against gambling would not apply to certain games or devices. The type of game enumerated in the bill related to a crane game or device which met certain specifications provided for in the legislation. The bill would allow persons playing these types of games to receive prizes or cash for winning. A legal review of the bill showed that while the bill tried to distinguish that these types of games involved skills, this legislation still may be unconstitutional since it tries to legalize a for of gambling. I do not believe that this type of activity is in the best interest of the citizens of this State, particularly children who are the primary participants in this type of game.
For these reasons, I vetoed the legislation.
VETO NO. 23 - SENATE BILL 448 BY SENATOR KIDD
This bill amended the law relating to the issuance of drivers' licenses so as to provide certain visual standards by which the Department of Public Safety could restrict the issuance of drivers' licenses. The purpose of the bill was to provide standards which would allow persons to utilize bioptic telescopic lenses for driving. In reviewing this bill after passage by the General Assembly, technical problems were found in the wording of the standards which would have, in effect, reversed the intent of the legislation and prohibited the use of bioptic lenses. The Department of Public Safety is now working with the affected groups to see if our standards can be changed by rules and regulations of the Department to allow for the use of bioptic lenses.
For these reasons, I vetoed the legislation.
VETO NO. 17 - SENATE BILL 548 BY SENATOR KIDD
This bill provided for an additional judge for the Superior Courts of the Ocmulgee Judicial Circuit. Another bill passed during this Session of the General Assembly also provided for an additional judge for the Ocmulgee Circuit and the Atlanta Judicial Circuit. Since that piece of legislation related to two judgeships, it was signed into law, making Senate Bill 548 moot.
For this reason, I vetoed this legislation.
VETO NO. 24 - SENATE BILL 686 BY SENATOR SCOTT
This was local legislation to amend the law relating to the election of the Mayor and Alderman of the City of Savannah. After reviewing the legislation and the resulting effects, a majority of the local legislative delegation for the City of Savannah requested that this bill be vetoed. This office has always acquiesced to the wishes of the majority of the local delegation in dealing with local legislation.
For this reason, I vetoed the legislation.
VETO NO. 28 - SENATE BILL 716 BY SENATOR TAYLOR
This bill would have increased the capacity of aboveground storage tanks for diesel fuel from 6,000 to 12,000 gallons providing that a permit would be granted for the 12,000 gallon aboveground storage tank if it were equipped with spill and overfill protection and
30
JOURNAL OF THE HOUSE,
otherwise met the codes and standards adopted by the National Fire Protection Association except for requiring any foam or inerting system. Legislatively mandating the application of the National Fire Protection Association's standards for a 12,000 gallon tank is improper since these standards relate to 6,000 gallon tanks. These present fire safety standards would need to be revised, particularly regarding distance from buildings and other types of measurements coming into play before doubling the capacity of the aboveground tank. Also, limiting the Fire Marshal's authority to require a foam or inerting system to protect and assist in the extinguishing of fires, may become a problem in some locations and times when the Fire Marshal will need this authority.
It is my understanding that the Fire Marshal's office will be working to provide some rules and regulations to allow for 12,000 gallon aboveground tanks, but with standards which I believe will provide a greater degree of safety than those found in Senate Bill 716.
For these reasons, I vetoed the Legislation.
STATE OF GEORGIA OFFICE OF THE GOVERNOR
ATLANTA 30334
May 2, 1990
Honorable Thomas B. Murphy Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
I have vetoed House Bills 1419, 1512, 1628, 1632, 1633, 1635, 1882, 1884, 1885, 1889 and 1968 which were passed by the General Assembly of Georgia at the 1990 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I tansmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached.
With kindest regards, I remain.
Sincerely, /s/ Joe Frank Harris
JFH/rsh Attachment
cc: Honorable Zell Miller, Lieutenant Governor of Georgia Honorable Glenn W. Ellard, Clerk, House of Representatives Honorable Hamilton McWhorter, Jr., Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State
VETO NO. 15 - HOUSE BILL 1419 BY REPRESENTATIVE HOLMES
This bill amended Title 21 of the Official Code of Georgia Annotated so as to provide that the president of a public or private college or university, or his designee, could be a county deputy registrar or municipal deputy registrar. The provisions of this bill passed in another bill which was signed into law, making House Bill 1419 moot. Since House Bill 1419 would have no effect, the Author of the legislation requested that it be vetoed.
For this reason, I vetoed the legislation.
MONDAY, JANUARY 14, 1991
31
VETO NO. 25 - HOUSE BILL 1512 BY REPRESENTATIVE PETTIT
This bill in its original form provided for the means to change the provisions relating to criminal possession of an explosive device. The bill was later amended on the floor of the House to add another provision which would have allowed ships possessing gambling devices to enter the territorial waters of this State so long as the devices were inaccessible to passengers and crew and removed or covered from the sight of such passengers and crew while in the territorial waters of this State. The stated purpose of the amendment was to allow cruise ships to enter the harbors of this State even though they possessed gambling devices. Federal law may presently allow for the purposes of this bill to be carried out. The bill could have allowed persons to operate gambling ships off the coast of this State as long as they covered their equipment after coming back to port. I do not believe it is proper to allow gambling off the coast when it is illegal in the State.
For these reasons, I vetoed the legislation.
VETO NO. 16 - HOUSE BILL 1628 BY REPRESENTATIVE HOLMES
This bill amended the election code to provide that all special elections and municipal special elections would be held on certain uniform dates. After passage of the legislation, technical problems were found in the bill which could not be resolved by the affected parties and the Author of the bill requested that it be vetoed.
For this reason, I vetoed the legislation.
VETO NO. 20 - HOUSE BILL 1632 BY REPRESENTATIVE MURPHY
This bill would have amended the retirement system for superior court judges so as to delete the provisions relating to mandatory retirement age for judges and forfeiture of benefits in connection with such retirement age.
The age limit was increased from 70 to 75 during the 1986 Session of the General Assembly. Prior to that increase in 1984, the General Assembly passed legislation similar to House Bill 1632 which would have deleted the retirement age entirely. I vetoed the bill in 1984 because I did not believe it to be in the best interests of the citizens of this State to eliminate the age limit.
My feelings have not changed on this issue. While a number of people over the age of 75 function effectively in jobs beneficial to our State, age is a limiting factor that must be taken into account in highly pressurized and intensive professions, such as judgeships.
For these reasons, I vetoed the legislation.
VETO NO. 21 - HOUSE BILL 1633 BY REPRESENTATIVE MURPHY
This bill would amend the retirement benefit law relating to Justices of the Supreme Court and Judges of the Court of Appeals to delete the mandatory retirement age and forfeiture of benefits in connection with the retirement age. This bill is a companion bill to House Bill 1632 which I addressed in my veto message on Veto No. 20. The same reasoning expressed in that message applies to House Bill 1633.
For these reasons, I vetoed this legislation.
VETO NO. 22 - HOUSE BILL 1635 BY REPRESENTATIVE PARRISH
This bill amends the "Trial Judges and Solicitors Retirement Fund Act" which is the retirement act for the state court judges, solicitors and juvenile judges. The bill would have deleted the mandatory retirement age for members of this system. While I would not oppose raising the retirement age for these individuals from 70 to 75 years of age, as was
32
JOURNAL OF THE HOUSE,
done for superior court judges and appellate judges, I cannot agree to totally alleviate the mandatory retirement age.
For the same reasons expressed in Veto No. 20,1 vetoed this legislation.
VETO NO. 12 - HOUSE BILL 1882 BY REPRESENTATIVE HEARD
This bill amended the law relating to the compensation of the Tax Commissioner of Fayette County. After the bill passed, technical problems were found in the legislation and the legislation and the Author requested that this bill be vetoed.
For this reason, I vetoed the legislation.
VETO NO. 13 - HOUSE BILL 1884 BY REPRESENTATIVE HEARD
This bill amended the law relating to the compensation of the Clerk of Superior Court of Fayette County. After the legislation passed, technical problems were found in the bill and the Author requested that the bill be vetoed.
For this reason, I vetoed the legislation.
VETO NO. 14 - HOUSE BILL 1885 BY REPRESENTATIVE HEARD
This bill amended an Act relating to the compensation of the Judge of the Probate Court of Fayette County. Because of technical problems found in the bill after passage, the Author requested that it be vetoed.
For this reason, I vetoed the legislation.
VETO NO. 18 - HOUSE BILL 1889 BY REPRESENTATIVE BOSTICK
This bill amended the law relating to the Georgia Agrirama Development Authority to provide for the establishment of the Georgia Agrirama Development Authority Overview Committee. The proposed Overview Committee would be composed of both legislative members and local government officials, thereby causing a conflict between its apparent duties and the duties of the Georgia Agrirama Development Authority. Additionally, there existed an apparent legal problem with the service of legislative and executive elected officials on an executive branch committee, which is entirely different from a normal overview committee. A normal overview committee set up by the General Assembly consists only of legislative members.
For these reasons, I vetoed the legislation.
VETO NO. 11 - HOUSE BILL 1968 BY REPRESENTATIVE BARNETT
This bill amended an Act incorporating the City of Snellville so as to change the corporate limits. Technical errors were found in the bill after passage and the Author asked that the bill be vetoed.
For this reason, I vetoed the legislation.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:
MONDAY, JANUARY 14, 1991
33
SR 2. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st:
A resolution to notify the House of Representatives that the Senate has convened.
SR 4. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st: A resolution to notify the Governor that the General Assembly has convened.
The president appointed as a Committee of Notification on the part of the Senate the following:
Senators Hill of the 4th, Perdue of the 18th, Walker of the 22nd, White of the 48th, Marable of the 52nd, Henson of the 55th and Thompson of the 33rd.
The Senate has adopted by the requisite constitutional majority the following Resolution of the House:
HR 4. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th:
A resolution calling a joint session of the House of Representatives and Senate.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Dawkins of the 45th, Robinson of the 16th, Taylor of the 12th, Steinberg of the 42nd, Hasty of the 51st, Garner of the 30th and Ramsey of the 54th.
The following Resolution of the Senate was read and adopted:
SR 4. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st
A RESOLUTION
To notify the Governor that the General Assembly has convened; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that a committee of fourteen, seven from the House of Representatives to be named by the Speaker and seven from the Senate to be named by the President, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate:
SR 5. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st:
A resolution relative to adjournment by the General Assembly on January 18, 1991, and reconvening on January 28, 1991.
34
JOURNAL OF THE HOUSE,
SR 6. By Senators Broun of the 46th, Deal of the 49th, Garner of the 30th and others:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of recognizing and honoring William Porter "Billy" Payne, Andrew Young, Ginger Watkins, Linda Stephenson, Doug Gatlin, Elizabeth Clement, Horace Sibley, Charlie Battle, Charlie Shaffer, Bobby Rearden, Peter Candler, Cindy Fowler, Morris Dillard, Jack Pinkerton and Jim Davis for their special contributions in securing Atlanta's designation as the host city for the 1996 Olympic Games.
The president has appointed as a Committee of Escort on the part of the Senate the following:
Senators Broun of the 46th, Harris of the 27th, Garner of the 30th, Alien of the 2nd, Egan of the 40th and Deal of the 49th.
The Speaker announced the House would be in recess until the hour of convening the Joint Session, pursuant to HR 4.
The hour of convening the Joint Session pursuant to HR 4 having arrived, the mem-
bers of the House and Senate met for the purpose of inaugurating the Honorable Zell Miller as Governor and the Honorable Pierre Howard as Lieutenant Governor.
The inaugural program was as follows:
1991 Inauguration
(SEAL)
Zell Bryan Miller Governor
Pierre Howard Lieutenant Governor
The Inauguration of the Governor of Georgia January 14, 1991
Zell Bryan Miller GOVERNOR OF GEORGIA
Zell Bryan Miller, the 79th governor of Georgia, was born fifty-eight years ago in the mountain community of Young Harris, in Towns County. He is the son of Birdie Bryan and Stephen Grady Miller, both teachers at Young Harris College.
Zell Miller attended the public schools of Towns County and graduated from Young Harris College. He received A.B. and M.A. degrees from the University of Georgia and completed two years of work toward a Ph.D. Miller went on to become a college professor himself and has taught at Young Harris College, University of Georgia, DeKalb Community College and Emory University.
After serving as mayor of Young Harris, Miller was elected to the Georgia State Senate, where he served two terms. In 1974, he was elected Lieutenant Governor, a position he held longer that anyone else in Georgia's history, and in 1984 served as chairman of the National Conference of Lieutenant Governors.
MONDAY, JANUARY 14, 1991
35
Miller's experience in state government includes membership on the State Board of Children and Youth, director of the State Board of Probation and assistant director of the Department of Corrections. Miller also served as executive secretary to a Governor, executive director of the Democratic Party of Georgia and a member of the State Board of Pardons and Paroles.
In addition to his career in education and government, Miller has been active in business for most of his life. He has also written three books about the culture and history of Georgia: The Mountains Within Me, Great Georgians, and They Heard Geor gia Singing.
Some of Miller's many honors include the Richard B. Russell Award from the county chairmen of the Georgia Democratic Party and membership to the Georgia Music Hall of Fame.
Zell Miller is married to the former Shirley Ann Carver of Andrews, North Carolina, whom he met as a student at Young Harris College. They have have two sons, Murphy and Matthew, and four grandchildren.
Pierre Howard LIEUTENANT GOVERNOR OF GEORGIA
Pierre Howard, the ninth Lieutenant Governor of Georgia, was born on February 3, 1943, in Decatur, Georgia, the son of Pierre and Caroline Howard. After graduation from Decatur High School, he attended the University of Georgia where he graduated Phi Beta Kappa in 1965, and hereafter he attended the University of Georgia School of Law, graduating in 1968. He was captain of the Georgia tennis team under the legendary Dan Magill who brought him to the University in 1961 as a scholarship athlete. He was active on campus, serving as President of the SAE fraternity, President of ODK and gaining recognition as the outstanding Freshman, Sophmore and Junior at the University.
Four years after beginning the practice of law in Decatur, Pierre was elected to the State Senate from the 42nd District after a long door-to-door campaign. He served eight years as assistant floor leader to Governor George Busbee and for sixteen years as Chairman of the Human Resources Committee.
In 1974, Pierre married Nancy Elizabeth Barnes, the daughter of Emmett Barnes, III and Nancy Elder Barnes of Macon, Georgia. They are the proud parents of Christopher Barnes Howard, age 5, and Caroline Hill Howard, age 3 Vfc .
In assuming the office of Lieutenant Governor, Pierre follows in the footsteps of his great-great grandfather, U.S. Senator Benjamin Harvey Hill, his grandfather, U.S. Representative William Schley Howard of Georgia's Fifth District (1910-1918), and his father, State Representative Pierre Howard of Decatur.
Pierre won election on November 6, 1990, carrying 156 of Georgia's 159 counties.
Inaugural Program
January 14, 1991 Alexander Memorial Coliseum, Georgia Institute of Technology
Atlanta, Georgia
2:00 p.m.
BAND SELECTIONS...............................................................Parris Island Marine Corps Band
JOINT SESSION....................call to order by THE HONORABLE THOMAS B. MURPHY Speaker, House of Representatives
POSTING OF THE COLORS (Please Stand) .....................................The Sixth Marine Corps District Color Guard
36
JOURNAL OF THE HOUSE,
THE NATIONAL ANTHEM..................................................Parris Island Marine Corps Band
INVOCATION .............................................................................THE REVEREND DON HARP
RECOGNITION OF STATE OFFICIALS AND DISTINGUISHED GUESTS..................THE HONORABLE THOMAS B. MURPHY
BATTLE HYMN OF THE REPUBLIC......................................................ZELDA KENNEDY
DELIVERY OF GREAT SEAL OF GEORGIA TO GOVERNOR.................................THE HONORABLE MAX CLELAND,
Secretary of State
ADMINISTRATION OF OATH OF OFFICE TO GOVERNOR-ELECT.........................................THE HONORABLE HAROLD CLARKE
Chief Justice, Supreme Court of Georgia
HONORS - 19 GUN SALUTE....................................................Georgia Army National Guard
DELIVERY OF GREAT SEAL OF GEORGIA TO SECRETARY OF STATE......................................................GOVERNOR ZELL MILLER
INAUGURAL ADDRESS ..............................................................GOVERNOR ZELL MILLER
ADMINISTRATION OF OATH OF OFFICE TO LIEUTENANT GOVERNOR-ELECT......THE HONORABLE CHARLES WELTNER
Associate Justice, Supreme Court of Georgia
ADDRESS....................................................LIEUTENANT GOVERNOR PIERRE HOWARD
RETIRING OF COLORS (Please Stand) .............................................The Sixth Marine Corps District Color Guard
BENEDICTION....................................................THE REVEREND TIMOTHY McDONALD
DISSOLUTION OF JOINT SESSION...LIEUTENANT GOVERNOR PIERRE HOWARD
3:30 p.m.
RECEPTION ...........................................................................Alexander Memorial Coliseum and Bill Moore Tennis Center,
Georgia Institute of Technology
Zell Miller Governor
Pierre Howard Lieutenant Governor
Max Cleland Secretary of State
Michael J. Bowers Attorney General
Constitutional Officers
Tommy Irvin Commissioner of Agriculture
Tim Ryles Commissioner of Insurance
Werner Rogers State School Superintendent
Al Scott Commissioner of Labor
MONDAY, JANUARY 14, 1991
37
Public Service Commissioners
Bobby Pafford Chairman
Mac Barber
Bob Durden Cas Robinson
Bobby Rowan
Supreme Court
Harold G. Clarke Chief Justice
George T. Smith Presiding Justice
Charles L. Weltner Richard Bell Willis B. Hunt, Jr. Robert Benham
Norman Fletcher
Court of Appeals
George H. Carley Chief Judge
BPrreassiwdeinllgDJ.uDdgeeen, Jr.
Marion T. Pope, Jr. Judge
Dorothy T. Beasley
William LeRoy McMurray, Jr. Presiding Judge
Harold R. Banke Presiding Judge
John W. Sognier Judge
Judge clarence Cooper Judge
A.W. Birdsong, Jr. Judge
Georgia State Senate
Pierre Howard Lieutenant Governor
Frank Albert Roy L. Alien A. Quillian Baldwin, Jr. Sanford D. Bishop, Jr. Rooney L. Bowen Paul C. Broun Joe Burton Charles C. Clay J. Tom Coleman, Jr. Mac Collins Harrill L. Dawkins J. Nathan Deal Nathan Dean Earl Echols, Jr. Arthur B. Edge, IV Michael J. Egan Bill English John C. Foster Wayne Garner Hugh M. Gillis, Sr. R. Joseph Hammill William F. Harris William G. Hasty, Sr. Steve Henson Jack Hill George Hooks Waymond C. Huggins
C. Donald Johnson, Jr.
Culver Kidd Arthur Langford, Jr. Richard O. Marable Judy H. Moye Sallie Newbill Tommy C. Olmstead Sonny Perdue Ed Perry R. T. Phillips G. B. Pollard, Jr. Harold J. Ragan Hugh A. Ragan Tom Ramsey Walter S. Ray Pete Robinson David Scott Hildred W. Shumake Terrell Starr Cathey W. Steinberg Horace E. Tate Mark Taylor Steve Thompson Jimmy Hodge Timmons Loyce W. Turner James W. Tysinger Charles W. Walker Eugene P. Walker
Donald L. White
38
JOURNAL OF THE HOUSE,
Georgia House of Representatives
Thomas B. Murphy Speaker
Ralph David Abernathy Marvin Adams V. Fred Aiken Dean Alford William A. Atkins Thurbert E. Baker Ralph J. Balkcom Fisher Barfoot Emory E. Bargeron Bill H. Barnett Otis Michael Barnett Kermit Francis Bates, Jr. Michael Alexander Beatty Jimmy W. Benefield Kenneth W. Birdsong Peg Blitch Tom Bordeaux Henry Bostick Paul S. Branch, Jr. Keith Roscoe Breedlove Tyrone Brooks George M. Brown B. Joseph Brush, Jr. Thomas B. Buck, III Gail M. Buckner Roger C. Byrd Thomas R. Campbell, Jr. Henrietta Mathis Canty Tyronne Carrell Hanson Carter John M. Chafin Tommy Chambless Don Cheeks E. M. Childers Eugene T. Clark Herman Clark Louie Clark Lynda Coker Terry L. Coleman Carlton H. Colwell Jack Connell Ronnie Culbreth Bill Cummings Grace W. Davis J. Max Davis Harry D. Dixon Sonny Dixon Denny M. Dobbs Bill Dover Wesley Dunn Ward Edwards Wayne Alien Elliott Dorothy Felton
Ron Fennell James M. Floyd Johnny W. Floyd Crisp B. Flynt John F. Godbee Tim Golden Bill Goodwin George F. Green Gerald E. Greene Jim Tyson Griffin Denmark Groover, Jr. DeWayne Hamilton John W. Hammond Bob Hanner Bobby Harris Jed Harris Paul W. Heard, Jr. Michele Henson Suzi Johnson Herbert Anthony Hightower Ray Holland Bob Holmes Henry Howard Newt Hudson David B. Irwin Jerry D. Jackson Mary Jeanette Jamieson Curtis S. Jenkins Sidney Pope Jones Thomas Kilgore Glynda B. King Jack Heddens Kingston Kip Klein Charles Barton Ladd Bob Lane Dick Lane James Beverly Langford Thomas E. Lawrence Bobby Lawson William J. Lee Bobby Long Jimmy Lord David E. Lucas John Mather Lupton, III Harold Mann Jim Martin Robert H. McCoy Forrest L. McKelvey Cynthia Ann McKinney J. E. McKinney Leonard R. Meadows John Merritt Wade Milam
Debra Mills John 0. Mobley, Jr. Lundsford Moody Emory Morsberger Roy B. Moultrie Anne O'Quinn Mueller Clinton Oliver Mary Margaret Oliver Wye Orr Nan Orrock Mike Padgett Bobby Eugene Parham Larry J. Parrish Robert L. Patten Dorothy B. Pelote Tim Perry Boyd Pettit Garland Folsom Pinholster Frank Pinkston Charles Poag S. DuBose Porter McCracken Poston Alan T. Powell C. J. Powell Ann R. Purcell William C. Randall Robert Ray Frank L. Redding, Jr. Henry L. Reeves Edward Ricketson, Jr. A. Richard Royal Helen Selman Tom Sherrill John Simpson Georganna Sinkfield Jimmy Skipper Copeland Willou Smith Larry Smith Paul E. Smith Tommy Smith Calvin Smyre Mike Snow Frank E. Stancil Steve Stancil LaNett Stanley Lawton Evans Stephens Van Streat, Sr. Maretta M. Taylor Doug Teper Charles Thomas Mable Able Thomas Nadine Thomas Michael Thurmond
MONDAY, JANUARY 14, 1991
39
Theo Titus, III Claude Thomas Tolbert
Kiliaen V. R. Townsend Henrietta E. Turnquest
Ralph Twiggs Rita Valenti
Jack Vaughan, Jr.
Jay Walker Larry Walker
Vinson Wall J. Crawford Ware
Roy H. Watson, Jr. Charlie Watts
John White
Thomas E. Wilder, Jr. Betty Jo Williams
Juanita T. Williams Robin L. Williams
Charles W. Yeargin Mary Young-Cummings
(SEAL)
The Great Seal of the State of Georgia is used on official documents, by order of the Governor or General Assembly. The Constitution designates the Secretary of State as the custodian of the Great Seal of the State.
Several different seals were used during the colonial period of Georgia's history. The design of the present Great Seal was completed in 1799. In 1914 the Legislature voted to change the date on the Seal from 1799 to 1766 to correspond with the date of the signing of the Declaration of Independence.
The Great Seal has been used continuously since 1799, except for the years 1863-1865 when a specially designed seal was used. During the years 1868-1871 the seal was hidden by Secretary of State Nathan C. Barnett.
One side of the seal depicts an arch supported by three pillars. The pillars symbolize the three departments of government. The man with a drawn sword represents the aid of the military in the defense of Georgia's constitution.
The other side of the Seal depicts a ship being loaded with hogsheads of tobacco and bales of cotton, emblematic of Georgia's exports. The left portion of the scene portrays a man plowing and a flock of sheep. The motto on this side is "Agriculture and Commerce, 1776."
The following address was delivered by His Excellency, Governor Zell Miller, immediately after the administration of the oath of office:
Like 78 other Georgians before me, five of whom honor us with their presence today, I have now taken a solemn oath of office as Governor of this state. The succession of democratic government in Georgia reaches back across two centuries.
So in the first place, this is a day for tradition, a celebration of freedom conserved, sustained, expanded and passed on from generation to generation.
That journey of freedom is not finished; the progress we have made was not always easy. And the history of the struggle is not some relic of the past, but the challenge and hope of our future. For each memory also points to the miles we still have to travel.
In the 18th Century, James Edward Oglethorpe dreamed of establishing a colony in the New World where free and equal men could build new lives for themselves and their families.
Today we know that dream must include women as well as men. In the 19th Century, Henry W. Grady dreamed of a New South where there would be a hundred homes for every one plantation. Today, we know that dream must reach to the homeless as well as the middle class.
And in the 20th Century Martin Luther King, Jr. dreamed "that one day on the red clay hills of Georgia the sons of slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood."
40
JOURNAL OF THE HOUSE,
And today, we must keep alive that dream of the only son of Georgia ever to be honored with the Nobel Peace Prize. Across this country, clouds of racial prejudice and division are gathering again.
Here in this state it is our special duty to reject racism. One of Dr. King's apostles and my friend Andrew Young made more history last year as a candidate for governor.
And Georgia took another giant step toward racial harmony by conducting a campaign remarkably free from racial resentment. We will not be divided in this state Black against White.
Sadly, that is an undeniable part of our past but it is not and must not be any part of our future. And the future is the essence of this inaugural day.
We draw strength from our heritage, but we set our course to the horizon ahead. We are entering a time of change not only a change of Administrations, but a profound change in the pattern of Georgia life and the way our people make a living.
The traditional cornerstones of our economy were cheap energy, farming and manufacturing.
And while farms and factories will always be a real and special part of Georgia, our survival and success in the new economy will be determined not only by the productivity of our land, but by the productivity of our people; not only by the horsepower of our machinery, but the brainpower of our workers.
Our future prosperity depends not just on strong backs, but on strong minds. Georgia faces a choice: We can plow new ground or we can let the weeds grow. So rather than resist change, we Georgians welcome it.
Indeed, let us become a catalyst for change. Let this new Administration begin a new era of imagination and innovation; effort and growth.
The driving force, the engine of the Georgia that can be, is found in the first three words of the Federal Constitution I have just sworn to uphold: "We, the people."
And our fundamental directive can be found in the Georgia Constitution: "All government, of right, originates with the people, is founded on their will only. Public officers are the trustees and servants of the people."
That is government at its best, and that is the kind of Governor I will strive to be.
And so we dedicate this Administration to the family farmer who plants his own crops and bales his own hay.
To the small businesswoman who stays open late and calls her customers by their first name. To the bold entrepreneur who has built a better mousetrap or smaller microchip.
We dedicate this Administration to the senior citizen who opens her utility bill fearing that she will be forced to choose between being cold or being hungry and to the young family just starting out, struggling to afford day care now and save for college later.
Listen to me: It is to every family that works and saves and sometimes comes up a little short at the end of the month that this Administration is dedicated. So what shall we do now with the power - and the responsibility?
We, the People, have the right if we so choose to fund bold, new education initiatives through a Georgia lottery devoted to our schools. We, the People, have the right to reach for the finest public schools in the history of this state or anywhere in this nation.
MONDAY, JANUARY 14,1991
41
In building a world-class school system, we will follow the advice of a part-time Georgian named Franklin D. Roosevelt, who once said: "Try something. If it works, try more of it. If it doesn't work, try something else. But for God's sake, try something."
The central purpose of the Miller Administration will be to prepare Georgia for the 21st Century. Education is the most important part of that purpose.
Without it, nothing else can save us. With it, nothing else can stop us.
We, the People, must advance on other fronts as well. Our government must be made leaner and cleaner, more open and more responsive.
Our environment must be preserved from those who would trade our children's health and our fragile Earth for a quick buck.
Our streets and neighborhoods must be better protected against the rising tide of crime and drugs.
Something is wrong when families hide behind home security bars because criminals are released from behind maximum security bars.
Our working families must be given relief from skyrocketing insurance rates, inadequate highways, and regressive taxes on the very food they eat.
We must do all this and more to strive, to seek, to find the Georgia that can be.
It is certain that our journey will not be completed in the limited time the people of Georgia have put this public servant in office. Nor will it be completed in the limited time the Lord has put His humble servant on Earth.
But we take heart from the ancient Hebrew test: "The day is short, the work is great. It is not thy duty to complete the work. Neither art thou free to desist from it."
And so today, we take the first step of a thousand-mile journey. We launch a new Administration and we look to a new century.
By empowering our citizens, educating our children, building our prosperity, saving our environment, fighting crime, and demanding a government that works as hard as our people do, we will march toward the Georgia that can be.
A Georgia in which a little boy from a remote and impoverished mountain valley or a little girl in a dirty and dangerous urban slum can have his or her chance for greatness.
A Georgia in which all of us have the opportunity to seek our destiny, seize that shining moment, and climb as far as strength and wit and perseverance will carry us; never to be blocked by barriers of race or barricades of region, or gender or class.
By harnessing the two most powerful forces on Earth an educated people and an unshakable faith let us turn now to the task of leading Georgia. And then let Georgia lead the nation into the 21st Century.
God bless you, and God bless Georgia.
The following address was delivered by the Honorable Pierre Howard, Lieutenant Governor, immediately after the administration of the oath of office:
Governor and Mrs. Miller, Governor and Mrs. Harris, Speaker Murphy, members of the General Assembly, Mr. Chief Justice and Justices of the Supreme Court, distinguished constitutional officers, other platform guests, my fellow Georgians:
Thirty years ago, President John F. Kennedy, who had promised new leadership to the nation, spoke these words at his inauguration:
42
JOURNAL OF THE HOUSE,
"We observe today not a victory of party but a celebration of freedom, symbolizing an end as well as a beginning; and signifying renewal as well as change..."
His words speak forcefully and prophetically to us today about the meaning of this occasion. Because we stand now where we stood then "on the edge of a new frontier". The frontier of the 1990's. It is a frontier of unfilled hopes and unfilled dreams, a frontier of unparalleled opportunity and challenge.
This day marks a renewal of our dedication to the best traditions of our past.
But it also marks the beginning of a new era of leadership for Georgia.
It is leadership that is committed to progressive change in state government.
It is leadership that is not mired in the politics of the past, but committed to the politics of inclusion for all Georgians.
It is leadership that is determined to chart a new course of excellence into the future for our state.
It is leadership that is unified by a steadfast resolve to remove the dark shadow of "the other Georgia" the Georgia which feels left behind and forgotten by the prosperous Georgia. It is leadership committed to providing for that "other Georgia" the educational opportunities, access to transportation, health care and jobs that will make the two Georgias one Georgia so that all Georgians may share in our prosperity.
I am proud to be a partner in this new leadership with a son of Georgia's mountains who is the right man at the right time to be our Governor Zell Bryan Miller of Towns County.
I pledge to him my wholehearted support and my wholehearted cooperation as Lieutenant Governor. I will work with him in the same spirit in which he worked with Governor George Busbee and our distinguished outgoing Governor Joe Frank Harris.
I likewise pledge to Speaker Tom Murphy and the members of the House of Representatives of which my father was a member, that the Georgia Senate, and I as Lieutenant Governor, will work with them in a spirit of harmony and mutual respect to move Georgia forward.
Because I recognize that government alone cannot and should not try to provide the answer to every problem of the public agenda, I will encourage a partnership with the business community to meet the challenges which lie before us. If the public sector and the private sector will work together in Georgia, no goal is beyond our reach. And if you doubt what I say, remember the 1996 Olympic Games.
As we enter a new political era, Georgia is in many ways a shining star in the galaxy of states.
We have achieved world status in being chosen as the site for the 1996 Olympic Games.
We are among the fastest growing states in the union.
We have abundant and undepleted natural resources.
We have a strong business climate.
Our people are imbued with a strong work ethic, a deep religious tradition and a commitment to enhance the opportunities and quality of life for their children.
We are justifiably proud of who we are and what we are.
But we cannot permit that pride to blind us to the serious problems which confront
MONDAY, JANUARY 14, 1991
43
It was, after all, a recognition of those problems and of our great potential to solve them with progressive leadership which motivated my quest for this office.
I serve notice here and now to friend and foe alike that I intend to keep the faith with those hundreds of thousands of Georgians whose support made my victory possible. I accept their mandate to be an advocate for those in the dawn of life the children. Those in the twilight of life the elderly. And those in the shadows of life the handicapped, the mentally ill, the mentally retarded and the disadvantaged. I will be their advocate in the capitol and you can depend on it.
As a candidate, I said that I trusted the women of Georgia to choose, and as Lieutenant Governor I will use the full power of my office to protect that right and you can depend on it. Furthermore, we will act to reduce the number of abortions by reducing teen pregnancies in Georgia and you can depend on that top!
As a candidate, I stood in a stream and promised to protect Georgia's environment from polluters, and as Lieutenant Governor I will use the full power of my office to do just that and you can depend on it!
As a candidate, I promised to be an advocate for our elderly citizens who built this state, and as Lieutenant Governor I will use the full power of my office to protect our elderly citizens from neglect, abuse, fear and poverty and you can depend on it!
As a candidate, I said I was sick and tired of mediocrity in education, and as Lieutenant Governor I will lead the fight along with our heroic educators for excellence in education by attacking the dropout rate with early intervention programs, by lowering the pupil/teacher ratio in the early grades, by putting counsellors in the schools and yes, by attacking the paperwork burden so that teachers can spend more time teaching and less time filling out papers and you can depend on it!
As a candidate, I deplored the plight of many Georgia children. Too many die at a rate higher than in some countries of the third world. Too many still suffer from abuse, neglect, lack of medical care and inadequate housing. The time has come to dry the tears of Georgia's children and as Lieutenant Governor I will lead the fight for them at the State Capitol and you can depend on it!
As a candidate, I travelled the highways and byways of rural Georgia and I saw the housing projects and homeless shelters of our cities. I saw for myself that we do have two Georgias; one prosperous, the other struggling against economic stagnation. As Lieutenant Governor I will work with Governor Miller to develop an urban policy for our cities and a rural development policy for rural Georgia to make the two Georgias one Georgia a prosperous Georgia which will be the economic envy of the nation and the world. I am going to be a Lieutenant Governor for all of Georgia and you can depend on it!
As a candidate, I pledged to open the processes of the Senate even more to blacks, women and senators of both parties, and that is exactly what I have already done, and that is exactly what I will continue to do and I'm proud of it!
As a candidate, I promised to get our fellow Georgians off of welfare by giving them job training and work experience through the PEACH Program, and as Lieutenant Governor, I will push to see that welfare recipients have the opportunity to escape the welfare trap by becoming productive citizens and you can depend on it!
As a candidate, I promised to fight the early release of violent criminals and I promised to push for drug and alcohol treatment for addicted inmates, while at the same time providing treatment for drug addicted youth. As Lieutenant Governor I will join with Governor Miller to make our streets and roads and neighborhoods safe for law-abiding citizens and you can depend on it!
These have been the commitments of my long service in the Senate, and these will continue to be my commitments to the Georgia people.
44
JOURNAL OF THE HOUSE,
I will devote all of my energy to assure that the power of the office which I hold is used to make a difference for Georgia.
My fellow Georgians, the Bible tells us that where there is no vision, the people perish. I say to you today that I have a dream and a vision for our state a dream and a vision in which Georgia will lead and not follow. A dream and a vision in which every Georgia child has the opportunity to develop his or her God-given talents fully; a dream and a vision in which the strong are just, the weak secure, and harmony among our people is preserved.
The realization of that dream and that vision is a great challenge for us all.
But I believe that Georgians will rise to meet that challenge as they always have.
The marble statue of my great-great-grandfather, U. S. Senator Ben Hill, stands outside the doors of my office at the State Capitol. It will serve as a constant reminder of what I owe to the great leaders of this state who have gone before and of the responsibility that I have as one of the keepers of their legacy.
The daily hugs of love and approval from our young children Christopher and Caroline will serve as a constant reminder of what I owe to them and to the future of every Georgia child.
As I serve in this office, may I always be grateful to the many Georgians whose efforts and support brought me to this office and may I never forget the spiritual foundations of our great country and our great state.
May I never forget the biblical injunction that "Unless the Lord keepeth the city the watchman waketh but in vain".
And so, my fellow Georgians, as we go forth from this place to lead this state we love we ask His blessing and His help knowing that here on earth God's work must surely be our own. [Paraphrased from President Kennedy.]
The Joint Session was dissolved.
The Speaker called the House to order.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the com-
mittees:
HB 1. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to repeal and delete the exemption from taxation of certain food for off-premises human consumption.
Referred to the Committee on Ways & Means.
HB 2. By Representatives Childers of the 15th and Redding of the 50th:
A bill to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions regarding clinical laboratories, so as to include certain tissue banks under the definition of "clinical laboratories".
Referred to the Committee on Health & Ecology.
MONDAY, JANUARY 14, 1991
45
HB 3. By Representative Childers of the 15th:
A bill to amend Code Section 43-11-73 of the Official Code of Georgia Annotated, relating to renewal of licenses to practice dental hygiene, so as to provide for continuing education requirements.
Referred to the Committee on Health & Ecology.
HB 4. By Representative Childers of the 15th:
A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to provide for temporary licenses.
Referred to the Committee on Health & Ecology.
HB 5. By Representative Childers of the 15th:
A bill to amend Code Section 31-11-30 of the Official Code of Georgia Annotated, relating to license requirements for an ambulance service, so as to provide that no person shall make use of the word "ambulance" or otherwise hold oneself out to be an ambulance service without having a valid license.
Referred to the Committee on Health & Ecology.
HB 6. By Representative Childers of the 15th:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motor vehicle insurance coverage, so as to provide that uninsured and underinsured motor vehicle liability insurance coverage shall be added or stacked together in determining available coverage to injured persons.
Referred to the Committee on Insurance.
HB 7. By Representative Branch of the 137th:
A bill to amend an Act providing for the composition and membership of the Board of Education of Ben Hill County, so as to correct certain clerical errors relating to the date upon which the initial members take office.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 8. By Representative Lane of the 27th:
A bill to amend Code Section 20-2-731 of the Official Code of Georgia Annotated, relating to when and how corporal punishment may be administered on public school pupils, so as to require the written permission of parents or guardians as a condition for the administration of such punishment.
Referred to the Committee on Education.
HB 9. By Representative Lane of the 27th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling.
Referred to the Committee on State Planning & Community Affairs.
46
JOURNAL OF THE HOUSE,
HB 10. By Representative Lane of the 27th:
A bill to amend Code Section 15-12-40 of the Official Code of Georgia Annotated, relating to the compilation and revision of jury lists, so as to change the provisions relating to the compilation of jury lists.
Referred to the Committee on Judiciary.
HB 11. By Representatives Lane of the 27th, Bostick of the 138th and Hamilton of the 124th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to make it unlawful for any person to possess an open container of any alcoholic beverage while operating a motor vehicle.
Referred to the Committee on Regulated Beverages.
HB 12. By Representatives Lane of the 27th, Hamilton of the 124th, Watson of the 114th and Bostick of the 138th:
A bill to amend Code Section 1-2-11 of the Official Code of Georgia Annotated, relating to the rights of aliens generally, so as to make an exception for other laws which limit the rights of aliens to own or purchase real estate.
Referred to the Committee on Judiciary.
HB 13. By Representatives Lane of the 27th, Bostick of the 138th and Hamilton of the 124th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of safety belts in passenger vehicles, so as to change the provisions relating to penalties.
Referred to the Committee on Motor Vehicles.
HB 14. By Representative Lane of the 27th:
A bill to amend Code Section 21-2-470 of the Official Code of Georgia Annotated, relating to procedures in precincts using vote recorders for obtaining ballot cards, recording votes thereon, and depositing ballot cards to conform to procedures prescribed for paper ballots with respect to elections and primaries generally, so as to provide that the superintendent shall modify a voting booth in each precinct or make paper ballots available for certain handicapped electors and shall provide sufficient accommodations to permit such handicapped electors to vote in private.
Referred to the Committee on Governmental Affairs.
HB 15. By Representative Lane of the 27th:
A bill to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions concerning the registration and licensing of motor vehicles, so as to make it unlawful for any person willfully to mutilate, obliterate, deface, alter, change, or conceal the county designation on any license plate issued under the motor vehicle registration laws of this state or knowingly to operate a vehicle bearing a license plate on which any county designation has been willfully mutilated, obliterated, defaced, altered, changed, or concealed.
Referred to the Committee on Motor Vehicles.
MONDAY, JANUARY 14, 1991
47
HB 16. By Representative Lane of the 27th:
A bill to amend an Act entitled "An Act to provide in Fulton County a system of pension and retirement pay to teachers and employees of the Board of Education of Fulton County and for other purposes.", as amended, so as to provide that teachers and employees with 30 years of service may retire regardless of age.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 17. By Representative Lane of the 27th:
A bill to amend Code Section 33-34-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Motor Vehicle Accident Reparations Act," so as to increase the dollar amount of medical expenses necessary to constitute a serious injury.
Referred to the Committee on Motor Vehicles.
HB 18. By Representative Lane of the 27th:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to discipline in the schools, so as to repeal the provisions relating to the use of corporal punishment on pupils in public schools.
Referred to the Committee on Education.
HB 19. By Representative Hamilton of the 124th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to repeal the second motor fuel tax.
Referred to the Committee on Ways & Means.
HB 20. By Representatives Hamilton of the 124th and Oliver of the 53rd:
A bill to amend Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing persons or organizations before the General Assembly, so as to require persons representing state departments, agencies, boards, commissions, or authorities to register.
Referred to the Committee on Judiciary.
HB 21. By Representatives Wilder of the 21st, Clark of the 20th (Post 3) and Aiken of the 21st:
A bill to amend Article 3 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to the selection of jurors, so as to change the method and manner in which certain jury lists are composed; to provide for duties and responsibilities of the Department of Public Safety and the chief registrar of each county with respect to jury lists.
Referred to the Committee on Judiciary.
48
JOURNAL OF THE HOUSE,
HB 22. By Representatives Wilder of the 21st, Clark of the 20th (Post 3) and Aiken of the 21st:
A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to procedure and penalties upon violation of Code Section 3-3-23, so as to change certain penalty provisions relating to the purchase of alcoholic beverages by a person under 21 years of age.
Referred to the Committee on Regulated Beverages.
HB 23. By Representatives Wilder of the 21st, Clark of the 20th (Post 3) and Aiken of the 21st:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to establish certain educational eligibility requirements for persons under 18 years of age to receive certain instruction permits.
Referred to the Committee on Motor Vehicles.
HB 24. By Representatives Wilder of the 21st, Clark of the 20th (Post 3) and Aiken of the 21st:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to authorize the imposition of an additional fee in divorce cases.
Referred to the Committee on Special Judiciary.
HB 25. By Representatives Wilder of the 21st, Clark of the 20th (Post 3) and Aiken of the 21st:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to the ages for mandatory education for children; to change certain provisions relating to exemptions with respect to such mandatory education; to change certain provisions relating to establishment, management, and control of adult literacy programs.
Referred to the Committee on Education.
HB 26. By Representative Godbee of the 110th:
A bill to amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable dental prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer.
Referred to the Committee on Health & Ecology.
HB 27. By Representatives Aiken of the 21st, Bostick of the 138th and Dixon of the 128th:
A bill to amend Code Section 15-21-2 of the Official Code of Georgia Annotated, relating to payment of criminal fines and forfeitures into the county treasury, so as to provide that when a prosecution arising under the traffic laws of this state is originally brought in municipal court and subsequently bound over to another court, the court to which the case is bound over may impose, in addition to the fine, a sum equal to the actual cost incurred by the municipality in processing the case prior to its being bound over.
Referred to the Committee on Special Judiciary.
MONDAY, JANUARY 14, 1991
49
HB 28. By Representative Aiken of the 21st:
A bill to amend Code Section 17-3-1 of the Official Code of Georgia Annotated, relating to limitations on criminal prosecutions, so as to provide that prosecutions for the crime of incest must be commenced within 30 years after the commission of the crime.
Referred to the Committee on Special Judiciary.
HB 29. By Representatives Oliver of the 53rd, Mills of the 20th, Hamilton of the 124th and Valenti of the 52nd:
A bill to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the termination of parental rights, so as to provide that a copy of every order terminating the parental rights of a parent shall be transmitted to the Division of Family and Children Services Adoption Unit of the Department of Human Resources.
Referred to the Committee on Judiciary.
HB 30. By Representatives Cheeks of the 89th and Harris of the 84th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to regulate the pricing of consumer items and the advertising of consumer items, services, goods, merchandise, and commodities.
Referred to the Committee on Industry.
HB 31. By Representatives Cheeks of the 89th and Harris of the 84th:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Food Act," so as to prohibit a retail grocery store from selling any food product or other article which does not have the price thereof clearly labeled on the food product or other article or the package or container enclosing such food product or article.
Referred to the Committee on Industry.
HB 32. By Representatives Parham of the 105th, Barnett of the 10th, Harris of the 84th and Bostick of the 138th:
A bill to amend Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Motor Vehicle Warranty Rights Act," so as to provide that all persons who paid or should have paid the fee provided for under said Act shall receive the protections provided for under said "Motor Vehicle Warranty Rights Act".
Referred to the Committee on Motor Vehicles.
HB 33. By Representative Cummings of the 17th:
A bill to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to procedures controlling retirement bills in the General Assembly under the "Public Retirement Systems Standards Law," so as to require certification by the state auditor as a condition precedent to the introduction of any retirement bill, including a retirement bill having a fiscal impact.
Referred to the Committee on Retirement.
50
JOURNAL OF THE HOUSE,
HB 34. By Representative Cummings of the 17th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Public Retirement Systems Standards Law," so as to provide that a certain amendment to the law authorizing boards of trustees of retirement or pension systems to increase benefits to offset wholly or partially the taxation of such benefits under Georgia income tax laws shall not be subject to the said "Public Retirement Systems Standards Law".
Referred to the Committee on Retirement.
HB 35. By Representative Cummings of the 17th:
A bill to amend Code Section 47-1-30 of the Official Code of Georgia Annotated, relating to the authority of boards of trustees of public retirement systems to increase benefits to offset wholly or partially the taxation of benefits under Georgia income tax laws, so as to provide that the authority granted by said Code section shall apply to both present and future retirees and beneficiaries.
Referred to the Committee on Retirement.
HB 36. By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing in general, so as to provide that paper products purchased and contracted for by the Department of Administrative Services shall be paper products manufactured from recycled paper or fiber if the price offered is within 10 percent of the price paid for paper products currently being used by the state.
Referred to the Committee on Industry.
HB 37. By Representative Cummings of the 17th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to change the provisions relating to members who are former members of the Employees' Retirement System of Georgia.
Referred to the Committee on Retirement.
HB 38. By Representative Cummings of the 17th:
A bill to amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating to restoration to service and income limitations on disability beneficiaries under the Employees' Retirement System of Georgia, so as to change the provisions relating to income limitations.
Referred to the Committee on Retirement.
HB 39. By Representative Cummings of the 17th:
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 change the provisions relating to the reestablishment of creditable service for members who are former members of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia.
Referred to the Committee on Retirement.
MONDAY, JANUARY 14, 1991
51
HB 40. By Representative Cummings of the 17th:
A bill to amend Code Section 47-2-141 of the Official Code of Georgia Annotated, relating to employer contributions made to the Employees' Retirement System of Georgia on behalf of members while in the armed forces under certain conditions, so as to provide that such employer contributions shall be made by employers and shall be paid into the pension accumulation fund.
Referred to the Committee on Retirement.
HB 41. By Representative Cummings of the 17th:
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 full-time officers and employees of new state agencies shall be members of the retirement system as a condition of employment without the necessity of further legislation to provide for such membership.
Referred to the Committee on Retirement.
HB 42. By Representative Cummings of the 17th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to change the provisions relating to the membership of the boards of directors or boards of commissioners of certain retirement systems and the State Employees' Assurance Department.
Referred to the Committee on Retirement.
HB 43. By Representative Cummings of the 17th:
A bill to amend Code Section 47-2-222 of the Official Code of Georgia Annotated, relating to the normal and accrued liability employer contribution rates for certain state departments, so as to change the provisions relating to the amount of such contributions.
Referred to the Committee on Retirement.
HB 44. By Representatives Patten of the 149th, Reaves of the 147th and Golden of the 148th:
A bill to amend an Act creating the State Court of Lowndes County, as amended, so as to provide that the judge of the state court shall be a fulltime judge and may not engage in the private practice of law.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 45. By Representatives Barnett of the 10th, Lawson of the 9th, Jackson of the 9th, Stancil of the 8th and Beatty of the 12th:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports by municipalities, counties, and other political subdivisions, so as to prohibit extraterritorial condemnation of property for an airport by a municipality, county, or other political subdivision without the consent of the governing authority of the municipality or county wherein the property is located.
Referred to the Committee on Judiciary.
52
JOURNAL OF THE HOUSE,
HB 46. By Representatives Barnett of the 10th, Lawson of the 9th, Jackson of the 9th, Stancil of the 8th and Beatty of the 12th:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports and landing fields by counties, municipalities, and other political subdivisions, so as to provide that when cities, counties, or other political subdivisions acquire property outside their territorial boundaries for the purpose of building or operating an airport, they shall be subject to all zoning laws adopted by the governing authority of the county, city, or other political subdivision wherein the airport is to be located.
Referred to the Committee on State Planning & Community Affairs.
HB 47. By Representative Pinkston of the 100th:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the minimum amount of check dishonor fee; to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of the service charge.
Referred to the Committee on Banks & Banking.
HB 48. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend Code Section 12-3-233 of the Official Code of Georgia Annotated, relating to the members of the Jekyll Island-State Park Authority, so as to provide for an additional member of said authority.
Referred to the Committee on State Planning & Community Affairs.
HB 49. By Representatives Smith of the 156th and Fennel of the 155th:
A bill to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on passenger carriers, so as to authorize the sale of alcoholic beverages on passenger vessels.
Referred to the Committee on Regulated Beverages.
HB 50. By Representative Redding of the 50th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to change from 15 to 30 the numnber of free replays allowable from a coin operated game or device.
Referred to the Committee on Industry.
HB 51. By Representative Redding of the 50th:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to prohibit the presence of persons under the age of 21 years in licensed public premises selling or serving alcoholic beverages for consumption on the premises.
Referred to the Committee on Regulated Beverages.
MONDAY, JANUARY 14, 1991
53
HB 52. By Representative Redding of the 50th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to prohibit any person under 21 years of age from entering a retail package store where distilled spirits are sold except when accompanied by a parent or guardian.
Referred to the Committee on Regulated Beverages.
HB 53. By Representatives Redding of the 50th, McKinney of the 40th and Thomas of the 55th:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag.
Referred to the Committee on Rules.
HB 54. By Representative Redding of the 50th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to authorize the operation of pari-mutuel racetracks in each county of this state, provided that pari-mutuel wagering on dog races is approved by the voters of any such county in a referendum election; to provide for purposes; to authorize pari-mutuel wagering on dog racing.
Referred to the Committee on Industry.
HB 55. By Representative Redding of the 50th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to authorize the operation of pari-mutuel racetracks in each county of this state, provided that pari-mutuel wagering on horse races is approved by the voters of any such county in a referendum election; to provide for purpose; to authorize pari-mutuel wagering on thoroughbred horse racing, standardbred horse racing, quarter horse racing, arabian horse racing, and appaloosa horse racing.
Referred to the Committee on Industry.
HB 56. By Representative Redding of the 50th:
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 change the description of conduct that constitutes such offenses.
Referred to the Committee on Special Judiciary.
HB 57. By Representative Redding of the 50th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal levies on public accommodations charges, so as to require private sector nonprofit organizations receiving any such revenues to maintain certain financial records; to require that such records be made available to the public.
Referred to the Committee on Ways & Means.
54
JOURNAL OF THE HOUSE,
HB 58. By Representative Redding of the 50th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to authorize casino gambling in Georgia; to provide definitions; to establish the Georgia Gaming Commission.
Referred to the Committee on Industry.
HB 59. By Representatives Hamilton of the 124th and Oliver of the 53rd:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide that certain committees of the General Assembly shall have the power to subpoena witnesses and to require the production of records, documents, papers, data, or other evidence relative to the purpose for which such committee is created.
Referred to the Committee on Rules.
HB 60. By Representatives Hamilton of the 124th, Watson of the 114th, Dixon of the 128th, Merritt of the 123rd, Pelote of the 127th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide an exemption for municipal solid waste received at certain waste to energy facilities from the state-wide goal of a 25 percent reduction in solid waste and from certain reporting and planning requirements associated therewith.
Referred to the Committee on Natural Resources & Environment.
HB 61. By Representative Redding of the 50th:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to the regulation of alcoholic beverages generally, so as to prohibit the presence of persons under the age of 21 years in licensed public premises selling or serving alcoholic beverages for consumption on the premises.
Referred to the Committee on Regulated Beverages.
HB 62. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to provide that a head of a household may produce 200 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes.
Referred to the Committee on Regulated Beverages.
HB 63. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Adams of the 79th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for publication of the name, address, and photograph of each person convicted of driving under the influence of alcohol or drugs.
Referred to the Committee on Motor Vehicles.
MONDAY, JANUARY 14, 1991
55
HB 64. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Adams of the 79th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to change the alcohol concentration level that constitutes driving under the influence for persons under 21 years of age.
Referred to the Committee on Motor Vehicles.
HB 65. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Adams of the 79th:
A bill to amend Code Section 40-5-67 of the Official Code of Georgia Annotated, relating to seizure and disposition of the drivers' licenses of persons charged with driving under the influence of alcohol or drugs, so as to provide for the suspension of the driver's license of persons charged with driving under the influence or refusal to submit to a chemical test for the purpose of determining the alcohol or drug content of a person's blood.
Referred to the Committee on Motor Vehicles.
HB 66. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Adams of the 79th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the forfeiture of a motor vehicle operated by a person who is arrested for driving under the influence if the person has two previous convictions of driving under the influence within a five-year period.
Referred to the Committee on Judiciary.
HB 67. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Election Board to institute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regulations of the board or to restrain or prevent or prohibit certain conduct.
Referred to the Committee on Governmental Affairs.
HB 68. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.
56
JOURNAL OF THE HOUSE,
HB 69. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, so as to change the bill of costs in every case carried to the Supreme Court or to the Court of Appeals to $100.00.
Referred to the Committee on Judiciary.
HB 70. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgement is less than a certain dollar amount.
Referred to the Committee on Judiciary.
HB 71. By Representatives Hamilton of the 124th, Kilgore of the 42nd, Lane of the 27th, Holmes of the 28th, Clark of the 20th (Post 3) and others:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the maximum age at which a child is required to be enrolled in a public school, private school, or home study program; to change the provisions relating to exemptions from compulsory attendance.
Referred to the Committee on Education.
HB 72. By Representatives Twiggs of the 4th, Murphy of the 18th, Coleman of the 118th, Colwell of the 4th, Dover of the llth and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to comprehensively change the provisions relating to forfeitures of real or personal property acquired with proceeds from the manufacture, distribution, or sale of a controlled substance or marijuana or exchanged for a controlled substance or marijuana or used to facilitate a violation of said "Georgia Controlled Substances Act".
Referred to the Committee on Public Safety.
HB 73. By Representatives Jackson of the 9th, Lawson of the 9th, Orr of the 9th, Beatty of the 12th and Barnett of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports and landing fields by counties, municipalities, and other political subdivisions, so as to prohibit cities, counties, or other political subdivisions from condemning property for, or operating, an airport outside their territorial boundaries except with the consent of the governing authority of the county, city, or other political subdivision wherein the airport is to be located.
Referred to the Committee on State Planning & Community Affairs.
MONDAY, JANUARY 14, 1991
57
HB 74. By Representative Jackson of the 9th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that any vehicle owned by any person who has been declared a habitual violator and whose driver's license has been revoked and who is subsequently convicted of driving under the influence shall be contraband and forfeited to the state.
Referred to the Committee on Judiciary.
HB 75. By Representative Jackson of the 9th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain driver's license suspension provisions; to change the level of alcohol concentration necessary for a finding of driving under the influence of alcohol; to restrict the entry of a plea of nolo contendre.
Referred to the Committee on Motor Vehicles.
HB 76. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to the procedure for imposition of special purpose county sales and use taxation, so as to provide as an authorized purpose of the tax a capital outlay project pursuant to an intergovernmental agreement between a county and a school district of the county.
Referred to the Committee on Ways & Means.
HB 77. By Representative Jackson of the 9th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide that a portion of the fine imposed for a third conviction may be ordered to be used for the defendant's drug or alcohol treatment.
Referred to the Committee on Motor Vehicles.
HB 78. By Representatives Buck of the 95th and Cummings of the 17th:
A bill to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to members of the Teachers Retirement System of Georgia who are eligible to participate in the optional retirement plan of the Board of Regents of the University System of Georgia, so as to clarify the provisions relating to the accumulated contributions of members who elect or have elected to participate in said optional retirement plan.
Referred to the Committee on Retirement.
HB 79. By Representative Poston of the 2nd:
A bill 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 provide for a director of the division who shall be both appointed and removed by the commissioner of natural resources subject to approval by the Governor.
Referred to the Committee on Natural Resources & Environment.
58
JOURNAL OF THE HOUSE,
HB 80. By Representative Poston of the 2nd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to create the Department of Environmental Protection.
Referred to the Committee on Natural Resources & Environment.
HB 81. By Representatives Lawson of the 9th, Baker of the 51st, Clark of the 13th, Cummings of the 17th and Ricketson of the 82nd:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Teachers Retirement System of Georgia, so as to provide for a postretirement benefit adjustment and for a definition relative thereto.
Referred to the Committee on Retirement.
HB 82. By Representatives Lawson of the 9th, Jackson of the 9th, Orr of the 9th and Barnett of the 10th:
A bill to amend Code Section 12-8-23.1 of the Official Code of Georgia Annotated, relating to powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, so as to provide that no permit shall be issued to operate a biomedical waste thermal treatment technology facility in this state.
Referred to the Committee on Natural Resources & Environment.
HB 83. By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to repeal the provisions providing for the review of sentences of imprisonment for a period exceeding five years by a panel of judges; to amend Code Section 15-6-30 of the Official Code of Georgia Annotated, relating to travel expenses of superior court judges, so as to delete a reference to the sentence review panel.
Referred to the Committee on Judiciary.
HB 84. By Representatives Coleman of the 118th, Smyre of the 92nd and Parrish of the 109th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended.
Referred to the Committee on Appropriations.
MONDAY, JANUARY 14, 1991
59
HB 85. By Representatives Coleman of the 118th, Walker of the 115th, Adams of the 79th and Parrish of the 109th:
A bill to amend an Act providing appropriations for State Fiscal Year 1990-1991 known as the "General Appropriations Act".
Referred to the Committee on Appropriations.
HB 86. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth and Barnett of the 10th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to the criminal offense of trafficking in cocaine, illegal drugs, or marijuana, so as to change the elements of and punishment for the offense of trafficking in marijuana.
Referred to the Committee on Public Safety.
HB 87. By Representatives Thomas of the 69th, Simpson of the 70th and Pettit of the 19th:
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 change the definition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have committed a designated felony act.
Referred to the Committee on Judiciary.
HB 88. By Representatives Thomas of the 31st and Abernathy of the 39th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the registration of acupuncturists.
Referred to the Committee on Health & Ecology.
HB 89. By Representatives Dunn of the 73rd, Ware of the 77th, Griffin of the 6th and Ricketson of the 82nd:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to uninsured motor vehicle insurance coverage, so as to provide that uninsured motor vehicle liability insurance coverage shall not be added or stacked together in determining available coverage to injured persons.
Referred to the Committee on Insurance.
HB 90. By Representatives Dunn of the 73rd, Ware of the 77th, Griffin of the 6th and Ricketson of the 82nd:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to redefine what shall be considered a serious injury.
Referred to the Committee on Insurance.
60
JOURNAL OF THE HOUSE,
HB 91. By Representatives Dunn of the 73rd, Ware of the 77th, Griffin of the 6th, Lawson of the 9th, Ricketson of the 82nd and others:
A bill to amend Code Section 33-7-11 of the Official Code of Georgia Annotated, relating to requirements of motor vehicle liability policies concerning uninsured motorist coverage, so as to provide for deductible amounts relative to uninsured motorist coverage.
Referred to the Committee on Insurance.
HB 92. By Representative Smith of the 78th:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures regarding state purchasing, so as to regulate certain acquisitions of manufactured or unmanufactured articles, materials, and supplies by any branch, department, agency, board, or commission of the state.
Referred to the Committee on State Planning & Community Affairs.
HB 93. By Representative Smith of the 78th:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to time for making tax returns, so as to provide for dates for opening and closing books for the return of taxes.
Referred to the Committee on Ways & Means.
HB 94. By Representatives Kingston of the 125th, Hamilton of the 124th, Dixon of the 128th, Mueller of the 126th and Merritt of the 123rd:
A bill to amend an Act incorporating the City of Tybee Island, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilpersons.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 95. By Representative Smith of the 78th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide that on and after July 1, 1992, every consumer of newsprint in this state shall ensure that a certain percentage of all newsprint used by that consumer of newsprint is made from recycled-content newsprint if certain conditions apply.
Referred to the Committee on Natural Resources & Environment.
HB 96. By Representative Kingston of the 125th:
A bill to amend Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, so as to provide that physically disabled persons shall have the right to be accompanied by a service dog.
Referred to the Committee on Health & Ecology.
MONDAY, JANUARY 14, 1991
61
HB 97. By Representative Smith of the 78th:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, so as to change the civil penalty for the failure to supply a cancellation within the statutory time limit.
Referred to the Committee on Judiciary.
HR 7. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a lottery or lotteries run by or on behalf of the state.
Referred to the Committee on Industry.
HR 10. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A resolution proposing an amendment to the Constitution so as to provide for a phased in exemption of food for off-premises human consumption from state sales and use taxation and so as to exempt such food from local sales and use taxes imposed after a certain date.
Referred to the Committee on Ways & Means.
HR 11. By Representative Hamilton of the 124th: A resolution creating the House Sentencing Guidelines Study Committee.
Referred to the Committee on Judiciary.
HR 12. By Representative Hamilton of the 124th:
A resolution urging the institutions of higher education in this state, in cooperation with private business, to assist in the research and development of alternative energy resources.
Referred to the Committee on University System of Georgia.
HR 13. By Representative Lane of the 27th: A resolution creating the Green Walks Study Committee.
Referred to the Committee on Natural Resources & Environment.
HR 14. By Representatives Lane of the 27th, Bostick of the 138th, Walker of the 115th, Hamilton of the 124th and Coleman of the 118th:
A resolution creating the Joint Comprehensive Transportation Plan for Georgia Study Committee.
Referred to the Committee on Transportation.
HR 15. By Representative Lane of the 27th:
A resolution ratifying the alteration of regional development center boundaries established by the Board of Community Affairs.
Referred to the Committee on State Planning & Community Affairs.
62
JOURNAL OF THE HOUSE,
HR 16. By Representative Lane of the 27th:
A resolution proposing an amendment to the Constitution so as to require that when local Acts of the General Assembly repeal constitutional amendments applicable to particular political subdivisions, each such local Act shall be conditioned for its effectiveness on approval by a majority of the qualified voters voting thereon in the particular political subdivision or subdivisions affected by the amendment.
Referred to the Committee on State Planning & Community Affairs.
HR 17. By Representative Hamilton of the 124th:
A resolution proposing an amendment to the Constitution so as to provide that a Governor and a Lieutenant Governor shall hold office for one six-year term.
Referred to the Committee on Rules.
HR 18. By Representatives Aiken of the 21st and Vaughan of the 20th: A resolution compensating Mrs. Margaret Drew.
Referred to the Committee on Appropriations.
HR 19. By Representatives Smith of the 156th, Green of the 106th, Dixon of the 128th, Oliver of the 121st, Purcell of the 129th and others:
A resolution relating to wetlands.
Referred to the Committee on Natural Resources & Environment.
HR 20. By Representative Poag of the 3rd:
A resolution proclaiming Georgia Tech the Division I NCAA national football champions.
Referred to the Committee on University System of Georgia.
HR 21. By Representative Redding of the 50th:
A resolution proposing an amendment to the Constitution so as to require an annual three-day session of the General Assembly for the exclusive purpose of considering overriding the Governor's veto of any bill transmitted by the Governor during the immediately preceding regular session.
Referred to the Committee on Rules.
HR 22. By Representative Redding of the 50th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for pari-mutel wagering at horsetracks.
Referred to the Committee on Industry.
HR 24. By Representative Redding of the 50th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for casino gambling in this state.
Referred to the Committee on Industry.
MONDAY, JANUARY 14, 1991
63
HR 25. By Representatives Redding of the 50th and McKinney of the 40th: A resolution creating the House State Flag Redesign Study Committee.
Referred to the Committee on Rules.
HR 26. By Representative Redding of the 50th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for pari-mutuel wagering at dog racetracks.
Referred to the Committee on Industry
HR 27. By Representatives Hamilton of the 124th, Parham of the 105th, Orrock of the 30th, Redding of the 50th and Smith of the 152nd:
A resolution creating the House Facilities for Traumatic Brain Injured and Other Physically Debilitated Persons Study Committee.
Referred to the Committee on Health & Ecology.
HR 28. By Representatives Hamilton of the 124th, Byrd of the 153rd, Holland of the 136th, Floyd of the 135th, Snow of the 1st and others:
A resolution creating the House Strategic Planning Study Committee.
Referred to the Committee on State Planning & Community Affairs.
HR 30. By Representatives Redding of the 50th, Sinkfield of the 37th, McKinney of the 35th, McKinney of the 40th, Thomas of the 31st and others:
A resolution expressing support for the efforts of the City of Atlanta to restore, revitalize, and redevelop Auburn Avenue.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 31. By Representatives Lawson of the 9th, Jackson of the 9th, Orr of the 9th and Barnett of the 10th:
A resolution urging the director of the Environmental Protection Division of the Department of Natural Resources to declare a moratorium on the permitting of additional biomedical waste thermal treatment technology facilities.
Referred to the Committee on Natural Resources & Environment.
HR 32. By Representatives Coleman of the 118th, Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Dover of the llth and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the fiscal year of the state shall commence on the first day of April and terminate on the thirty-first of March following.
Referred to the Committee on Appropriations.
64
JOURNAL OF THE HOUSE,
HR 33. By Representative Poston of the 2nd:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by local law change the compensation, per diem, or allowances of any person whose compensation, per diem, expenses, or allowances are fixed by any constitutional amendment which was continued in force and effect after July 1, 1987, pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia.
Referred to the Committee on Rules.
HR 34. By Representatives White of the 132nd and Brooks of the 34th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a state lottery, a portion of the net proceeds of which shall be used for the support of education for grades kindergarten through 12; to prohibit other lotteries; to provide for a Special Education Fund.
Referred to the Committee on Industry.
HR 35. By Representatives White of the 132nd and McKinney of the 35th:
A resolution proposing an amendment to the Constitution so as to repeal the provision relating to the prohibition against lotteries.
Referred to the Committee on Industry.
HR 36. By Representatives White of the 132nd and McKinney of the 35th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a state lottery, the net proceeds of which shall be used for providing hospital care for the indigent and for the support of education; to prohibit other lotteries; to provide for a Special Hospital Care for the Indigent Fund and a Special Education Fund.
Referred to the Committee on Industry.
The following communication from the Secretary of State was received:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 1 through 649, who have registered in the Docket of Legislative Appearance as of January 11, 1991, 2:30 p.m.
in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this llth day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-One and of the Independence of the United States of America the Two Hundred and Fifteenth.
(SEAL)
1st Max Cleland Secretary of State
MONDAY, JANUARY 14, 1991
65
DOCKET OF LEGISLATIVE APPEARANCE - 1991
In Order of Registration
1. Melissa Metcalfe, Director Common Cause of Georgia 233 Mitchell Street, S.W., #340 Atlanta, Georgia 30324
2. E. DeForest Winslow III Georgians for Clean Water, Inc. P. 0. Box 960 38 Spring Street Newnan, Georgia 30264
3. Jim Tudor Ga. Assn. of Convenience Stores P. 0. Box 739 Tucker, Georgia 30209
4. Martha Eaves Am. Assn. of Retired Persons OWL 988 Milstead Avenue Conyers, Georgia 30207
5. C. Robert Smith Ga. Assn. of Assessing Officials 6754 Broad Street Douglasville, Georgia 30134
6. Alton H. Hopkins Crown Central Petroleum Corp. Suite 1607 3400 Peachtree Road, N. E. Atlanta, Georgia 30326
7. Earl T. Leonard, Jr. The Coca-Cola Company Post Office Drawer 1734 Atlanta, Georgia 30301
8. Judson C. Greene American Assn. of Retired Persons #2325 1332 Vista Leaf Dr. Decatur, Georgia 30033
9. Linda S. Lowe Clients of Ga. Legal Services Program 161 Spring St., 5th Floor Atlanta, Georgia 30303
10. Joe Sheehan Community Bankers SONAT 1640 Powers Ferry Rd. Marietta, Georgia 30067
11. Grady Perry, Jr. Ga. League & Savings Inst. 41 Marietta Street Suite 507 Atlanta, Georgia 30303
12. Robert L. Steed Federated, Inc. 2500 Trust Company Tower Atlanta, Georgia 30303
13. Rusty Kidd Charter Medical Corporation Ga. Podiatric Medical Assn. Ga. Society of C.P.A.'s Hemophilia Foundation of Ga. R.J. Reynolds U.S.A. Post Office Box 77102 Alanta, Georgia 30357
14. Lynn W. Bahnsen Johnson & Johnson Post Office Box 1652 Athens, Georgia 30603
15. Ann W. Cramer IBM Corporation Georgia Commission on Children & Youth Suite 3145 1201 W. Peachtreet Street Atlanta, Georgia 30367-1200
16. Kathy Kuzava Georgia Grocers Association 3200 Highlands Pkwy., Ste 210 Smyrna, Georgia 30082
17. Graham Green Prof. Assn. of Ga. Educators 2329 Ava Place Decatur, Georgia 30033
18. Sam E. West Beneficial Management Co. of America Seed Lake, Rt. #1, Box 2506 Lakemont, Georgia 30552
19. Carolyn Brown Community Bankers Assn. of Ga. 3715 Northside Pkwy., NW 300 Northcreek, Ste 850 Atlanta, Georgia 30327
20. Julian Hester Community Bankers Assn. of Ga. 300 Northcreek Suite 850 3715 Northside Pkwy., NW Atlanta, Georgia 30327
66
JOURNAL OF THE HOUSE,
21. Donna E. Lane Gwinnett County Children's Shelter Ga. Residential Child Care Association P. 0. Box 1331 Lawrenceville, Georgia 30246
22. Clark Gregory, PH.D. National Recycling Coalition The Compost Man Fulton Soil & Water Conservation District 660 Elkmont Drive, NE Atlanta, Georgia 30306
23. Mary Noreen Skillman National Organization of Women 2049 McLendon Avenue, N.E. Atlanta, Georgia 30307
24. Gary E. Jackson Magistrate Court Fulton County Fulton County Development Authority 1801 Peachtree Street, N.E. Ste. 330 Atlanta, Georgia 30309
25. Luke Livingston Sandoz Pharmaceutical Corporation 3307 Leeds Way Duluth, Georgia 30136
26. Robert A. Cucchi Ford Motor Company 245 Peachtree Center Ave. Suite 2204 Atlanta, Georgia 30303
27. Henry C. Johnson, Sr. International Association of Machinist & Aerospace Workers 7383 Grover Drive Macon, Georgia 31206
28. John P. Tucker, Jr. Georgia Rail Line Preservation League Georgia Pro-Life Coalition Fannin County Board of Commissioners 1800 Peachtree Rd., N.W. #520 Atlanta, Georgia 30309
29. Robert M. Jeter Motorola Communications 1825 South Oaks Byromville, Georgia 31007
30. Sara S. Clark Georgia League of Women Voters 230 Dapplegate Way Alpharetta, Georgia 30201
31. Robert P. Williams, II Troutman, Sanders, Lockerman & Ashmore 1400 Candler Bldg. 127 Peachtree Street Atlanta, Georgia 30303
32. Jim Martin Georgia Society of CPA'S, Inc. 3340 Peachtree Road, N.E. Suite 2750 Atlanta, Georgia 30326
33. Ralph S. Turner DeKalb Grand Jurors Assn. 2773 N. Decatur Road Decatur, Georgia 30033
34. Jerry O. Sorrels Government Employees Insurance Company Geico Center Macon, Georgia 31295
35. Richard J. Burrell Household International 981 Guys Court Lilburn, Georgia 30247
36. Dr. Mildred L. Walton Georgia Assn. of Elementary School Principals 1176 Oakcrest Drive Atlanta, Georgia 30311
37. Fred B. Kitchens, Jr. Wine & Sprits Wholesalers of Georgia Suite 414, Six Piedmont Center 3525 Piedmont Atlanta, Georgia 30027
38. Bob Margolin Syntex Laboratories Inc. 4544 Leonora Drive Tucker, Georgia 30084
39. Rita D. Carlson Georgia League of Women Voters 1107 Windridge Drive Atlanta, Georgia 30350
40. Sharon Aikens Mack Mr. Money Check Casher 59 E. Derenne Avenue Savannah, Georgia 31405
MONDAY, JANUARY 14, 1991
67
41. Ron Byrd Rorer Pharmaceutical Corp. Route 9, Box 239A #1 Cannonball Lane Ringgold, Georgia 30736
42. Jane Thomas Professional Association of Georgia Educators 2989 Evans Woods Drive Atlanta, Georgia 30340
43. James H. Purcell Alliance of American Insurers 501 Cain Tower, Peachtree Cen. 229 Peachtree St. Atlanta, Georgia 30303-1601
44. Ann W.Rose Hill, Rose & Associates, Inc. 1104 Wedgewood Way Dunwoody, Georgia 30350
45. Neill Herring Campaign for a Prosperous Ga. Ga. Association of Railroad Passengers Georgia Chapter Sierra Club Amalgamated Transit Union Local 732 257 S. Elm St. Jesup, Georgia 31545
46. Hellen I. Guttinger Rockdale County Public Schools 954 N. Main Street Conyers, Georgia 30207
47. John T. Rumph, Jr. Informed Health Care Assn. of Georgia, Inc. Cancer Victors, Inc. 5540 Roswell Road, N.W. G 109 Atlanta, Georgia 30342
48. Archie C. Burnham, Jr., The Georgia Safety Council 5829 Little Mountain Drive Ellenwood, Georgia 30049
49. Becky Fern Life Pac Georgia Right to Life Georgians for Common Sense About Abortion 2428 Norwich Lane Tucker, Georgia 30084
50. Deborah K. Simonds Georgia Association of Educators (GAE) 3951 Snapfinger Parkway Decatur, Georgia 30035
51. Karen S. Gillespie Bristol-Myers Squibb Company Post Office Box 16503 Atlanta, Georgia 30321
52. Thomas A. Player Aetna Insurance Company 285 Peachtree Center Ave, Suite 2600 Atlanta, Georgia 30303-1270
53. Robert H. Forry Troutman, Sanders, Lockerman & Ashmore 1400 Candler Building Atlanta, Georgia 30043-1810
54. John S. Yates Georgia Association of Educational Leaders Post Office Box 909 Dahlonega, Georgia 30533
55. Charles Musselwhite Georgia Association of Educational Leaders P.O. Box 909 Dahlonega, Georgia 30533
56. Gary Ashley Georgia School Boards Association (GSBA) 1240 Atkinson Road Lawrenceville, Georgia 30243
57. Skip Yow Georgia School Boards Association (GSBA) 1240 Atkinson Road Lawrenceville, Georgia 30243
58. Bonnie Harris Georgia School Boards Assn. 1240 Atkinson Road Lawrenceville, Georgia 30243
59. James W. McAllister City School Systems of Georgia Professinal Association of Georgia Educators 303 Waverly Way Lagrange, Georgia 30240
60. Cathleen J. Vaughn Georgia PTA National Association of Women in Construction 7505-C Hamilton Road Columbus, Georgia 31909
68
JOURNAL OF THE HOUSE,
61. Neal B. Caldwell Georgia Association of Petroleum Retailers, Inc. 900 North Hairston Road Suite D Stone Mountain, Georgia 30083
62. Richard L. Marshall, Sr. Georgia Association of Petroleum Retailers, Inc. 900 North Hairston Road Suite D Stone Mountain, Georgia 30083
63. Jack W. Houston Georgia Association of Petroleum Retailers, Inc. 900 North Hairston Road Suite D Stone Mountain, Georgia 30083
64. J. Barry Schrenk Taggart's Substance Abuse & Driver Improvement Clinic Taggart's/Sears Driving School Sears Driving School Association of Georgia Driver Improvement Clinics 3566 Lawrenceville Highway Tucker, Georgia 30084
65. Martin C. Petersen Gilman Paper Company Post Office Box 878 St. Marys, Georgia 31558
66. James N. Parkman Business Council of Georgia 233 Peachtree Street Suite #200 Atlanta, Georgia 30303
67. VOID
68. Bill McBrayer Georgia Retail Association Georgia Chain Drug Committee Georgia Opticians Association 100 Edgewood Avenue, N.E. Suite 1804 Atlanta, Georgia 30303
69. Gil Muratori Hoechst-Celanese Corp. Hoechst Roussel Pharmaceuticals Inc. 12203 S.W. 107 Court Miami, Florida 33176
70. Gary Martin Police Benevolent Association of Georgia, Inc. 1597 Phoenix Boulevard #12 Atlanta, Georgia 30349
71. Norman Wolfe Coalition for a Green Georgia Cohn & Wolfe 225 Peachtree Street, #2300 Atlanta, Georgia 30303
72. Betsey S. Weltner Coalition for a Green Georgia Cohn & Wolfe Cohn & Wolfe 225 Peachtree Street Atlanta, Georgia 30303
73. Frances D. Todd Georgia PTA 114 Baker Street Atlanta, Georgia 30301
74. Gould B. Hagler, Jr. Independent Insurance Agents of Georgia P.O. Box 48386 Atlanta, Georgia 30362
75. Thomas Perry Stewart Professional Association of Georgia Educators 1308 Highland Avenue Dublin, Georgia 31021
76. Peggy Stewart Professional Association of Georgia Educators 1308 Highland Avenue Dublin, Georgia 31021
77. Barbara T. Johnson Georgians for Victim Justice Rockdale County Courthouse 922 Court Street Conyers, Georgia 30207
78. Sharon A. Hunt Georgia Society of Association Executives 4500 Hugh Howell Rd. #140 Tucker, Georgia 30084
79. F. Abit Massey Georgia Poultry Federation Post Office Box 763 Gainesville, Georgia 30503
80. William J. Shortt Johnson & Johnson P. O. Box 2537 Gainesville, Georgia 30503
MONDAY, JANUARY 14, 1991
69
81. Connell Stafford The Coca-Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301
82. Harry L. Werner Professional Association of Georgia Educators Locust Grove Elem. School 1727 Griffin Road Locust Grove, Georgia 30248
83. Ellen A Rhoades Auditory Education Center 2045 Peachtree Rd., NE STE. 810 Atlanta, Georgia 30309
84. D. C. "Landy" Thompson Dixie Beer Co. Inc. United Distributors Inc 206 7th Street Macon, Georgia 31201
85. James L. Mynes ITT Consumer Financial Corp. 2218 6th Ave. S.E. P. O. Box 1513 (MAIL) Decatur, Alabama 35601
86. Judith Baird The Aetna Casualty & Surety Co. Marquis Two, Suite 2600 285 Peachtree Center Avenue Atlanta, Georgia 30303-1270
87. Trey Paris The Coca-Cola Company P.O. Drawer 1734 Atlanta, Georgia 30301
88. Don Ackerman Towing Recovery Association of Georgia 315 Main Street Macon, Georgia 31201
89. Pamela J. Martorano, President Neuromuscular & Massage Therapy Center, Inc. American Massage Therapy Assn. (A.M.T.A.) Georgia Chapter 6135 Barfield Rd. Ste. 118, Neuromus Atlanta, Georgia 30328
90. Kip Loggins West Publishing Company Allstate Insurance Company Suite 900, One Premier Plaza 5605 Glenridge Drive Atlanta, Georgia 30342
91. James R. Newman Southern Bell 346-125 Perimeter Center West Atlanta, Georgia 30346
92. Nathan G. Knight Professional Association of Educators 7 East Broad Street Newnan, Georgia 30264
93. John H. Thomas Georgia Burglar and Fire Alarm Association, Inc. Alamo Rental Car, Inc. Bldg. 2400, 3000 Langford Road Norcross, Georgia 30071
94. Mike Vaquer, Jr. Fort Howard Corporation Post Office Box 828 Rincon, Georgia 31326
95. Mark D. Caudill Sonat, Inc. P.O. Box 2563 Birmingham, Alabama 35202
96. Dr. Malcolm Cummings Georgia Association of Christian Schools Suite 218, 337 South Milledge Avenue Athens, Georgia 30605
97. James R. Davis Ga. Association of Assessing Officials 439 Cotton Avenue Macon, Georgia 31201
98. Thomas H. Brewer Ga. Association Professional Bail Agents 254 Pryor Street Atlanta, Georgia 30303
99. Joe D. Douglas, Jr. Hopewell/No. Alpharetta Civic Association Sanity, Inc. 13175 Hopewell Road Alpharetta, Georgia 30201
100. Ronald F. Updyke General Motors Corporation 5730 Glenridge Dr., Suite 205 Atlanta, Georgia 30328
70
JOURNAL OF THE HOUSE,
101. Cliff C. "Bucky" Kimsey, III Bank South, N.A. 55 Marietta Street Atlanta, Georgia 30303
102. John P. Silk Georgia Telephone Association 1900 Century Blvd., Suite 8 Atlanta, Georgia 30345
103. Wilton Hill Georgia School Bus Drivers Association, Inc. Post Office Box 158 Reidsville, Georgia 30453
104. J. Emmett Henderson Georgia Council on Moral and Civic Concerns, Inc. 2930 Flowers Road South STE 102 Atlanta, Georgia 30341
105. Charlotte Gattis Georgia Manufactured Housing Association 1000 Circle 75 Parkway Suite 060 Atlanta, Georgia 30339
106. Michael M. Kumpf BP America, Inc. 9040 Roswell Road, Suite 500 Atlanta, Georgia 30350
107. Harold E. Bryant Blue Cross and Blue Shield of Georgia Inc. Post Office Box 7368 Columbus, Georgia 31908
108. Dr. William M. Cargile Informed Health Care of Georgia, Inc 2809 N. Ashley Street Valdosta, Georgia 31602
109. Linda M. Wiltse Young Women's Christian Association of Greater Atlanta, Inc. 100 Edgewood Avenue Suite 806 Atlanta, Georgia 30303
110. Elizabeth M. Flowers Young Women's Christian Association of Greater Atlanta, Inc. YMCA, 957 N. Highland Avenue Atlanta, Georgia 30306
111. Betty Schulte Georgia Right to Life Common Sense Citizen's Concern 2644 Lake Road Tucker, Georgia 30084
112. Thomas J. Harrold, Jr. Motion Picture Association of America, Inc. Southeastern International Bankers Association 1409 Peachtree Street, N.E. Atlanta, Georgia 30309
113. Marion L. Ray Teamsters Local 728 2540 Lakewood Avenue, S.W. Atlanta, Georgia 30315
114. Sam M. Poole DuPont Co. Conoco Inc. Kayo Oil Co. One American Place, Suite 1820 Baton Rouge, Louisiana 70825
115. G.L. (Roy) Bowen, III Georgia Textile Manufacturers Association, Inc. 50 Hurt Plaza, Suite 985 Atlanta, Georgia 30303
116. Thomas E. Salyers Georgia Textile Manufacturers Association, Inc. 50 Hurt Plaza, Suite 985 Atlanta, Georgia 30303
117. Joseph R. Parrott, Jr. ITT Rayonier 750 Hammond Dr. Bldg. #9 Atlanta, Georgia 30328
118. Mo Thrash Atlanta City Council Mortgage Bankers Association of Georgia Georgia Community Action Association 56 Perimeter Center East Fifth Floor Atlanta, Georgia 30346
119. Ted Brodek International Alliance of Theatrical and Stage Employees Lake Claire Neighborhood Association 555 Hardendorf Avenue NE Atlanta, Georgia 30307
MONDAY, JANUARY 14, 1991
71
120. L. Clifford Adams Jr. Municipal Electric Authority of Georgia Municipal Gas Authority of Georgia 999 Peachtree Street N.E. Suite 1400 Atlanta, Georgia 30309-3999
121. Gerald W. Bowling The Municipal Gas Authority of Georgia Municipal Electric Authority of Georgia 1400 Peachtree Place Tower 999 Peachtree Street Atlanta, Georgia 30309-3999
122. Robert J. Middleton, Jr. The Municipal Gas Authority of Georgia Municipal Electric Authority of Georgia 1400 Peachtree Place Tower 999 Peachtree Atlanta, Georgia 30309-3999
123. Thomas E. Farmer Municipal Electric Authority of Georgia Municipal Gas Authority of Georgia 999 Peachtree St., NE Suite 1400 Atlanta, Georgia 30309-3999
124. Cindy L. Arceneaux Association For Retarded Citizens/Georgia Citizens Lobby for Kids Families Forum North Metro Family & Preschool Program PTA 887 B Martin Heights Drive Lawrenceville, Georgia 30244
125. John C. Miller National Advertising Co. 6904 Cypresspark Drive Tampa, Florida 33634-4462
126. Lucius Q. Mitchell The Westside Bussiness & Community Association 2191 Martin Luther King, Jr. Dr., N.W. Atlanta, Georgia 30301
127. Horace White Georgia Minority Contractors Assn. P. 0. Box 831582 Stone Mountain, GA 30083-0027
128. Alfred Byrd Georgia Minority Contractors Association P. 0. Box 831582 Stone Mountain, GA 30083-0027
129. Henry Turner Philip Morris USA 100 Crescent Centre Parkway Suite 1260 Atlanta, Georgia 30084
130. Fred Greer, Jr. C & S/Sovran National Bank P. 0. Box 4899 35 Broad Street Atlanta, Georgia 30302-4899
131. Robert R. Potter State Farm Insurance Companies 1355 Peachtree Street Atlanta, Georgia 30309-3237
132. Roy Hanson Metropolitan Atlanta Crime Commission 100 Edgewood Ave., RM 128 Atlanta, Georgia 30303
133. Brenda L. Norton Ga. Coalition for Preventive Health Services for Women The Omni Hotel-CNN Center Atlanta, Georgia 30335
134. Judy C. Bradley Georgia Vocational Association, Inc. 50 Executive Park South, Suite 5005 Atlanta, Georgia 30329
135. Linda G. Edmonds Georgia Optometric Association Post Office Box 301 Avondale Estates, GA 30002
136. Charlotte Wilen Continuum Alliance for Healthy Mothers and Children, Inc. 1252 West Peachtree St., N.W. Suite 311 Atlanta, Georgia 30309
72
JOURNAL OF THE HOUSE,
137. Bethanne Jenks, MD MPH Georgia Chapter American Academy of Pediatrics 5475 Memorial Drive Stone Mountain, Georgia 30083
138. Gregory B. Paxton Georgia Trust for Historic Preservation Georgians for Preservation Action 1516 Peachtree Street, NW Atlanta, Georgia 30309
139. Catherine A. Horsey Georgia Trust for Historic Preservation Georgians for Preservation Action 1516 Peachtree Street, N.W. Atlanta, Georgia 30309
140. George Hugh Ross Marion Merrell Dow Inc 4678 Jefferson Township Lane Marietta, Georgia 30066
141. Cynthia L. Haney Medical Association of Georgia 938 Peachtree St., N.E. Atlanta, Georgia 30309
142. PaulL. Shanor Medical Association of Georgia 938 Peachtree Street Atlanta, Georgia 30309
143. Joe T. Wood Medical Association of Georgia The Georgia State Association of Life Underwriters, Inc. 938 Peachtree Street N.E. Atlanta, Georgia 30309
144. Richard L. Greene Medical Association of Georgia 938 Peachtree Street, N.E. Suite 207 Atlanta, Georgia 30309
145. Priscilla E. Daves Medical Association of Georgia 938 Peachtree Street, N.E. Atlanta, Georgia 30309
146. George P. Dillard Peterson, Dillard, Young, Self & Asselin Suite 1700 999 Peachtree St., NE Atlanta, Georgia 30309
147. Vern Karnstedt Reid-Rowell, Inc. 901 Sawyer Road Marietta, Georgia 30062
148. Michael H. Richardson R.G. Associates 615 Peachtree St., NE Suite 510 Atlanta, Georgia 30308
149. Billy E. Grice R.G. Associates 615 Peachtree St., N.E. Suite 510 Atlanta, Georgia 30308
150. Elaine C. Nachman The Robert W. Woodruff Health Sciences Center of Emory University Emory University P.O. Drawer KK Atlanta, Georgia 30322
151. Laurie B. Dopkins Georgia School-Age Childcare Council Georgia Childcare Advocacy Coalition 470 Chelses Circle Atlanta, Georgia 30307
152. J.Mark Walker Georgia Family Coalition Christian Coalition 2402 Chestnut Springs Trail Marietta, Georgia 30062
153. Mrs. Johnnie Forgay Georgia Nurses Assn. 4200 Klondike Road Lithonia, Georgia 30038
154. W. Fred Blackmon Eli Lilly & Company 1100 Abernathy Rd., N.E. Building 500, Suite 710 Atlanta, Georgia 30328
155. Patricia Ann Chambers P.A.C. Enterprises 2348 Pine Circle Gainesville, Georgia 30504
MONDAY, JANUARY 14, 1991
73
156. Everett "Larry" Mclntyre Cumberland Wrecker Service Inc. Towing Recovery Assn. of Georgia 1471 Gresham Road Marietta, Georgia 30062
157. Gregory C. Kergosien The Upjohn Company P. O. Box 210637 Columbia, SC 29221
158. Dr. Joel L. Desaulniens Chiropractic Political Action Committee Ga. Chiropractic Assn. 981 Concord Road Smyrna, Georgia 30080
159. Charles W. McGrady Sierra Club, Ga. Chapter 2646 Hawthorne Place Atlanta, Georgia 30345
160. Linda G. Williams Ga. School Food Service Assn., Inc. 2372 Main Street Tucker, Georgia 30084-4456
161. William G. Appel Ga. Independent Automobile Dealers Assn. 2175 Northlake Parkway Suite 128 Tucker, GA 30084-4456
162. Ronald Scheiblauer Southern Bicycle League 4715 Frederick Drive, S.W. Atlanta, Georgia 30336
163. Barbara Howard Christmas Ga. Association of Elementary School Principals St. Marys Elementary St. Marys, Georgia 31558
164. Kathleen M. Strickland Mothers Against Drunk Driving of Georgia 3711 Northpoint Drive Marietta, Georgia 30062
165. Gary P. Fowler Associated Gen. Contractors of America, Inc. 147 Harris Street, N.W. Atlanta, Georgia 30313
166. Stanley H. McCalla Mortgage Bankers Association of Georgia 56 Perimeter Center East Fifth Floor Atlanta, Georgia 30346
167. Larry S. McReynolds BMMA-Building Material Merchant Assn. CEC/GA-Consulting Engineers Council of Ga. GUCA-Georgia Utility Contractors Assn. NECA-National Electrical Contractors Assn. Suite 520 South Tower One CNN Center Atlanta, Georgia 30303-2705
168. Suzanne P. Williams Home Builders Assn. of Georgia 1005 Virginia Ave, Ste 207 Atlanta, Georgia 30354
169. Mark S. Baldwin Home Builders Assn. of Georgia 1005 Virginia Avenue #207 Atlanta, Georgia 30354
170. Bryan L. Fiveash Atlanta Gas Light Company Post Office Box 4569 Atlanta, Georgia 30302
171. Peter L. Banks Atlanta Gas Light Company P. 0. Box 4569 Atlanta, Georgia 30302
172. Elizabeth Stewart Savannah Area Chamber of Commerce 222 W. Ogelthorpe Ave. Savannah, Georgia 31499
173. Dr. Allene H. Magill Palding County Board of Ed. 522 Hardee Street Dallas, Georgia 30132
174. Conrad J. Sechler Tucker Federal Savings & Loan Association Georgia Financial Services Association Eagle Bancshares, Inc. Central Underwriters, Inc. P. O. Box 87 Tucker, Georgia 30085-0087
74
JOURNAL OF THE HOUSE,
175. Amos A. Plante Exxon Corporation Post Office Box 60626 New Orleans, LA 70123
176. Roger T. Lane Georgia Oilmen's Assn. 3581 Hambersham at North Lake Tucker, Georgia 30084
177. Percy Marchman Georgia Assn. Property & Casualty Ins. Companies 2799 Lawrenceville Highway Suite 200 Decatur, Georgia 30033
178. Carol E. H. Benton Mountain Road Elementary PTA 1859 Hardman Lane Woodstock, Georgia 30188
179. Leslie Thomas Cushman Mountain Rd. Elementary PTA 738 Osco Parkway Woodstock, Georgia 30188
180. Michele A. Shelton American Federation of Teachers Georgia Federation of Teachers AFL-CIO 5901-B Peachtree Dunwoody Suite 475 Atlanta, Georgia 30328-5341
181. Michael Paul O'Neill Society for Human Resources Management Carpet and Rug Institute (CRI) Salem Carpet Mills, Inc. Catoosa County Chamber of Commerce P. 0. Box 10 Ringgold, Georgia 30736
182. Richard E. Raymer Mortgage Bankers Association of Georgia 56 Perimerter Center East Fifth Floor Atlanta, Georgia 30346
183. Norma P. Fraser Physical Therapy Association of Georgia 2 Vernon Road, N.W. Atlanta, Georgia 30305
184. Colin S. Braybrooks Georgia Association of Life Insurance Cos. United Family Life Insurance Co. 230 Houston Street, NE Atlanta, Georgia 30303
185. Raymond G. Farmer American Insurance Assn. 950 East Paces Ferry Road Suite 2240 Atlanta, Georgia 30326
186. Dick Dorsey American Insurance Assn. 950 East Paces Ferry Rd. Suite 2240 Atlanta, Georgia 30326
187. John T. Mitchell Mercer University 1400 Coleman Avenue Mercer University Macon, Georgia 31207
188. Lee R. Sims Catoosa County Schools P. O. Box 130 Ringgold, Georgia 30736
189. Kyle Smith Catoosa County Schools P. 0. Box 130 Ringgold, Georgia 30736
190. Edward R. Vickrey Catoosa County Schools 207 N. Cleveland Street Ringgold, Georgia 30736
191. Pat Chapman Older Womans League League of Women Voters American Home Health Care, Inc. 2056 Garden Circle Decatur, Georgia 30032
192. Pat Swan Georgia Nurses Association Continuum Georgia Federation Woman's Club 583 Villa Drive Lilburn, Georgia 30247
193. Amelia Tucker-Shaw The Black Family Project, Inc. 673 Beckwith Street Turner Building Atlanta, Georgia 30314
MONDAY, JANUARY 14, 1991
75
194. Betsy Brown Pharmaceutical Manufacturers Association Schering Corporation 2228 Major Loring Way Marietta, Georgia 30064
195. William G. Sanders Georgia Association of Broadcasters, Inc. 500 Sugar Mill Rd., #240 A Atlanta, Georgia 30350
196. Donald N. Upton Contel of the South, Inc. (Ga) 211 E. Thompson Street Thomaston, Georgia 30286
197. William Greenhaw Professional Association of Georgia Educators 3593 Overlook Avenue Macon, Georgia 31204
198. Jacqueline Azar Education Pro-Life 489 Cameron St. SE Atlanta, Georgia 30312
199. Bryce W. Holcomb Georgia Soft Drink Assn. 848 Broad Street, S.W. Suite 105 Gainesville, Georgia 30501
200. Eli P. Karatassos Karatassos and Associates Savannah Area Chamber of Commerce 7 E. Congress Street Suite 1000 Savannah, Georgia 31401
201. Carol Waldrop Governor's Council on Developmental Disabilities Autism Society of America, Ga. Chapter Assn. for Retarded Citizens of Clayton Cty. 6077 Wilkerson Rd. Rex, Georgia 30273
202. Ronald W. Hogan Waste Management, Inc. Waste Management of North America, Inc. Chemical Waste Management, Inc. 2600 Delk Road Marietta, Georgia 30067
203. Don Cargill West Publishing Co. Exxon Oil Company Mobil Oil Company Chemical Waste Management Philip Morris U.S.A. Shell Oil Company Waste Management, Inc. Pharmaceutical Manufacturers Assn. P. 0. Box 3407 Atlanta, Georgia 30002-9998
204. Alien Gossett Professional Association of Georgia Educators Ga. Athletic Coaches Assn. Ga. Industrial Technology Educators Assn. Professional Association of Ga. Educators East Rome High School 1401 Turner McCall Blvd. Rome, Georgia 30161
205. Michael E. Kramer Georgia Assn. of Educators 3951 Snapfinger Pky. Decatur, Georgia 30035
206. Michael H. Gardner Bakery Confectionery & Tobacco Local 362 T Macon Federation of Trades & Labor AFL-CIO 3504 Jeffersonville Road Macon, Georgia 31201
207. Carol A. Bradley Professional Assn. of Ga. Ed. 6997 Keene Street Kennesaw, Georgia 30144
208. Terry L. Branning CIGNA Healthplan of Ga., Inc. 1360 Peachtree Street Suite 1300 Atlanta, Georgia 30309
209. J. Robert Benton Wine Institute 7179 Jonesboro Rd., Suite 200 Morrow, Georgia 30260
210. James A. "Bud" Cody Georgia Sheriffs' Assn. 2060 E. Exchange PI., Suite 110 Tucker, Georgia 30084
76
JOURNAL OF THE HOUSE,
211. Irene Munn Georgia Sheriffs' Association 2060 E. Exchange PI., Suite 110 Tucker, Georgia 30084
212. Thomas M. Boiler Ga. Staffing & Home Care Assn. City of Columbus General Electric Co. Boiler, Hibbs & Segars, Inc. Ga. Appraisers Coalition Magistrate Judges Assn. State Bar of Georgia BP America Federated Investors P. 0. Box 8627 Atlanta, Georgia 30306
213. Bruce Kay Georgia Norml 857 Collier Road Howell Mill Village II Atlanta, Georgia 30312
214. William Lee Roberts William Lee Roberts and Assoc. 1627 Peachtree St., N.E. Suite 333 Atlanta, Georgia 30309
215. Ogden Doremus Campaign for A Prosperous Ga. Environmental Coalition Governor's Comm. on Obstetrics Ins. Law Section - State Bar P. O. Box 296 Metter, Georgia 30439
216. Harold Bevis Air Transport Assn. of America Delta Air Lines, Inc. Hartsfield Atl. Intl. Airport Atlanta, Georgia 30320
217. Ted L. Hammock National Science Center Foundation, Inc. P. 0. Box 1648 206 Seventh Street Augusta, Georgia 30903
218. Larry L. Braden Ga. Pharmaceutical Assn., Inc. 20 Lenox Pointe Atlanta, Georgia 30347
219. Wayne W. Oliver Ga. Pharmaceutical Assn., Inc. P. 0. Box 95527 20 Lenox Pointe Atlanta, Georgia 30347
220. Patricia M. Smith Assn. for Retarded Citizens of Georgia, Inc. 1851 Ram Runway College Park Georgia 30337
221. Nancy Hayes Kitchens Professional Association of Georgia Educators 3700 B Market St. Clarkston, Georgia 30021
222. Franklin Shumake Professional Association of Georgia Educators 3700 B Market St Clarkston, Georgia 30021
223. Martha H. Pennington Professional Association of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
224. Georgianne B. Bearden Professional Association of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
225. Jack K. Acree Professional Association of Georgia Educators 3700 B. Market Street Clarkston, Georgia 30021
226. Vickie Moody Beasley Georgia Assn. of Homes and Services for the Aging 2719 Buford Hwy. #207 Atlanta, Georgia 30324
227. Robert R. King Ga. Hospitality & Travel Assn. 600 W. Peachtree St., N.W. Suite 1500 Atlanta, Georgia 30308
228. Ed Holcombe Georgia Power Co. P. 0. Box 4545 (333/23) Atlanta, Georgia 30302
229. Dexter Rowland Georgia Power Co. P. 0. Box 4545 Atlanta, Georgia 30302
MONDAY, JANUARY 14, 1991
77
230. Earl Rogers Georgia Power Co. P. 0. Box 4545 (333-23) Atlanta, Georgia 30302
231. Dixie H. Dukes Clayton County Page 2010 Steele Road Griffin, Georgia 30223
232. Pat Gardner Ga. Psychological Assn. 1170 Fourteenth Place Atlanta, Georgia 30309
233. Joyce Carter Stevens Browning-Ferris Ind., Inc. 8607 Roberts Drive, Suite 100 Atlanta, Georgia 30350
234. Francis D. Mangier! CIBA-GEIGY Corp. 5905 Polo Drive Gumming, Georgia 30130
235. John P. Stevens First Wachovia Corp. First National Bank of Atl. First Atlanta Corp. P. 0. Box 4148 Atlanta, Georgia 30302
236. Charles M. Searcy Georgia Trial Lawyers Assn. 41 Marietta St., Suite 714 Atlanta, Georgia 30303
237. Robert C. Boone Chevron U.S.A., Inc. P. 0. Box 1706 Atlanta, Georgia 30301
238. VOID
239. Carol Kay Goodroe Building Material Merchants' Association Construction Credit Coalition 42 Spring St., Suite 244 Atlanta, Georgia 30303
240. Paul D. Bolster Georgia Hospital Assn. North X Northwest Office Pk. Atlanta, Georgia 30339
241. Maxine J. Chriszt Georgia Hospital Assn. North By Northwest Office Park Atlanta, Georgia 30339
242. Joseph A. Parker Georgia Hospital Assn. N. By Northwest Office Park Atlanta, Georgia 30339
243. John D. Folds, Jr. State Farm Insurance Companies 1585 Phoenix Blvd., Suite 5 Atlanta, Georgia 30349
244. Frederick W. Hoffman Chrysler Corporation CIMS 416-13-08 12000 Chrysler Dr. Highland Park, MI. 48288-1919
245. Richard B. Cobb Ga. Petroleum Council 50 Hurt Plaza Suite 720 Atlanta, Georgia 30303
246. Marilyn M. Self American Red Cross Metropolitan Atl. Chapter 1955 Monroe Dr. Atlanta, Georgia 30324
247. Donna McLarin Ga. Electric Membership Corp. 151 Ellis St. Suite 422 Atlanta, Georgia 30303
248. Marybeth Robertson Atkins Ga. Electric Membership Corp. 151 Ellis St., Suite #422 Atlanta, Georgia 30303
249. Derl J. Hinson Ga. Electric Membership Corp. (GEMC) 151 Ellis St., Suite 422 Atlanta, Georgia 30303
250. BillVerner Ga. Electric Membership Corp. 151 Ellis St., Suite 422 Atlanta, Georgia 30303
251. VOID
252. Jim McDuffie Cobb County Tax Comm. Office 185 Washington Ave. Marietta, Georgia 30090-9660
253. B. Gail Downing Cobb County Tax Comm. Office 185 Washington Ave. Marietta, Georgia 30090-9660
78
JOURNAL OF THE HOUSE,
254. Michael S. Raynor Southern Bell 125 Perimeter Center West Suite 346 Atlanta, Georgia 30346
255. John H. Downs, Jr. Coca-Cola Enterprises, Inc. One Coca-Cola Plaza P. 0. Drawer 1778 Atlanta, Georgia 30313
256. Laura E. Brightwell Coca-Cola Enterprises, Inc. Coca-Cola Enterprises, Inc. One Coca-Cola Plaza Atlanta, Georgia 30313
257. Carol N. Rogers Informed Health Care Assn. of Georgia, Inc. Ga. Women's Coalition for Medical Freedom, Inc. Cancer Victors, Inc. 1188 Briarcliff Rd., Ste. 1 Atlanta, Georgia 30306
258. Nancy P. Schulz Ga. Nurses Association 1362 West Peachtree St. Atlanta, Georgia 30309
259. Michael R. Mackenzie The Mackenzie Agency 874 N. Main Street, Suite 200 Conyers, Georgia 30207
260. Patricia E. Mason Mackenzie The Mackenzie Agency 874 A N. Main Street Suite 200 Conyers Georgia 30207
261. Scott Thomas International Assn. of Machinist 3168 S. Walden Road Macon, Georgia 31206
262. C. Robert Hilliard Citizens for Safe Government, Inc. P. 0. Box 93345 Atlanta, Georgia 30318
263. John T. Sherrer Ga. Pharmaceutical Assn. 833 Campbell Hill St. Marietta, Georgia 30060
264. Edward V. Deaton Ga. School Boards Assn. American Assn. of Retired Persons Muscogee Assn. of Retired Cafeteria Workers 6 Adams Park Court Columbus, Georgia 31909
265. Winifred W. Johnston Richmond Cty. Assn. of Educators 1100 Eisenhower Dr. Garrett Elementary School Augusta, Georgia 30904
266. Kelli Heartsill Business Council of Ga. 230 Peachtree St., Suite 200 Atlanta, Georgia 30303
267. Kathy T. Berry Georgia Press Assn. 1075 Spring St., N.W. Atlanta, Georgia 30309
268. Barry M. Clause The A.L. Williams Corp. A.L. Williams Marketing Corp. First American National Securities, Inc. Massachusetts Indemnity & Life Ins. Co. A.L. Williams Home Mortgages 3100 Breckinridge Blvd. Duluth, Georgia 30136
269. Daniel D. McConnell The A.L. Williams Corp. A.L. Williams Marketing Corp. First American National Securities, Inc. Massachusetts Indemnity & Life Ins. Co. A.L. Williams Home Mortgages, Inc. 3100 Breckinridge Blvd. Duluth, Georgia 30136
270. Brooks Payne Rode Atlanta Jr. League 665 Darlington Rd. Atlanta, Georgia 30305
271. Gayle Sexton Ga. Health Care Assn. 3735 Memorial Drive Decatur, Georgia 30032
MONDAY, JANUARY 14, 1991
79
272. Francis J. Mulcahy Southland Life Ins. Co. Associated Doctors Health & Life Ins. Co. Life Insurance Co. of Ga. 5780 Powers Ferry Rd., N.W. Atlanta, Georgia 30327-4390
273. John R. Barnmeyer Life Ins. Co. of Georgia Southland Life Ins. Co. Associated Doctors Health & Life Ins. Co. 5780 Powers Ferry Rd., N.W. Atlanta, Georgia 30327-4390
274. Donna Dixon ADE, Inc. P. O. Box 615 Blackshear, Georgia 31516
275. Tim G. Griffin Alltel Ga., Inc. P. O. Box 625 Matthews, NC 28106-0625
276. Mary Jane Galer Ga. Abortion Rights Action League (GARAL) P. 0. Box 4682 Columbus, Georgia 31904
277. Robert F. Galer Ga. Abortion Rights Action League (GARAL) American Assoc. of Retired Persons (AARP) PPP Inc. P. 0. Box 4682 Columbus, Georgia 31904
278. KarlaBoy Family Concerns 1364 Drakie Court Lilburn, Georgia 30247
279. Lawrence H. Mink City of Macon Mayor's Office Box 247 Mayor's Office Macon, Georgia 31298
280. Joseph John Rogers Rogers Publishing Proctor & Gamble Mfg. Co. 417 Dorchester Drive Augusta, Georgia 30909
281. Nancy Schaefer Citizens for Public Awareness Family Concerns, Inc. P. 0. Box 550168 Atlanta, Georgia 30355
282. Mark M. Woodall Friends of the Environment Citizens For Safe Progress P.O. Box 123 Woodland, Georgia 31836
283. Bill Hathaway Georgia Federal/Military Retiree Coalition Georgia Federation of Chapters, NARFE 1067 McConnell Drive Decatur, Georgia 30033
284. Wm. D. Padgett Trust Company of Georgia Suntrust Banks Inc. Trust Company of Georgia 25 Park Place Atlanta, Georgia 30302
285. Brian Johnstone American Telephone & Telegraph & Affiliated Companies 1200 Peachtree Street N.E. Room 12160 Atlanta, Georgia 30309
286. Anita M. Patterson American Federation of State, Co. & Municipal Employees 161 Spring Street Suite 640 Atlanta, Georgia 30303
287. Brenda Bell Georgia Medical Record Association 5665 Peachtree-Dunwoody Rd., NE Atlanta, Georgia 30342
288. Eleanor L. Richardson Continuum Healthy Mothers, Healthy Babies Mental Health Association of Metropolitian Atlanta Mental Health Association of Georgia 755 Park Lane Decatur, Georgia 30033
289. Maureen McGrath Caine Ga. Independent Trust 3121 Maple Drive Suite 228 Atlanta, Georgia 30305
80
JOURNAL OF THE HOUSE,
290. Martha S. Grindle Professional Association of Georgia Educators Route 5, Box 5014 Cleveland, Georgia 30528
291. Martha S. Phillips Georgia Dental Association 2951 Flowers Road, South Suite 112 Atlanta, Georgia 30341
292. Dr. B. Lee Hawkins Georgia Dental Association 404 Green Street, NE Gainesville, Georgia 30501
293. Dr. J. David Alien Georgia Dental Association 5090 Chastleton Drive Stone Mountain, Georgia 30087
294. Rhonda Poston Sanifill, Inc. 6201 Powers Ferry Road Suite 150 Atlanta, Georgia 30339
295. Julius M. Lennard, Jr. Grand Jurors Association of Fulton County 111 Huntington Road, NE Atlanta, Georgia 30309
296. Bill W. Gray Leslie-Locke, White Metal Diversified Reader Sales Fairhill Marketing Georgia Hearing Aid Society City of Roswell 11405 Hackett Road Roswell, Georgia 30075
297. Ronald A. Pierce Conoco, Inc. 230 Callan Drive Rossville, Georgia 30741
298. Dudley L. Moore, Jr. Georgians for Responsible Insurance Policy 1000 Parkwood Circle Suite 1000 Atlanta, Georgia 30339
299. Nancy Sellers Atlanta Black Nurses Assn. Wee-Care Express, Inc. 869 Ormewood Terrace Atlanta, Georgia 30316
300. John H. Smallwood Smallwood Insurance Company Georgia Nationwide Ins. Independent Contractors Association Agents Action Committee, Inc. 3746 Chamblee Tucker Road Atlanta, Georgia 30341
301. VickiBell Georgia Society of Allied Health Professions 955 Concord Road, SE Smyrna, Georgia 30080
302. Bobby G. Martin Georgia Retired Teachers Association Georgia Staff Development Council 149 Westherstone Parkway Marietta, Georgia 30068
303. Marie S. Steinmeyer Georgia Women's Coalition for Medical Freedom, Inc. Informed Health Care Assn. of Georgia, Inc. Cancer Victors, Inc. Int'l Association of, Inc. Georgia Association Medical Malpractice Victims, Inc. 3985 Lynfield Court College Park, GA 30349-1425
304. Rachel B. Champagne Metroplitan Atlanta Crime Commission 100 Edgewood Avenue, Room 128 Atlanta, Georgia 30303
305. Todd Mitchell Krohn Metropolitan Atlanta Crime Commission 100 Edgewood Ave., N.E. Room 128 Atlanta, Georgia 30303
306. Aurelia Sands Belle Metropolitan Atlanta Crime Commission 100 Edgewood Avenue, Room 128 Atlanta, Georgia 30303
307. Thomas C. Payne Plumbers & Pipe Fitters, Local Union 72 374 Maynard Terrace SE Atlanta, Georgia 30316
MONDAY, JANUARY 14, 1991
81
308. Jane Weest Plumbers & Pipe Fitters Local Union 72 373 Maynard Terrace Atlanta, Georgia 30316
309. John F. Chambless Associated General Contractors of America, Georgia Branch 147 Harris Street, NW Atlanta, Georgia 30313
310. H. Evonne Yancey Kaiser Permanente Medical Care Program 3355 Lenox Road, NE Atlanta, Georgia 30326
311. Herbert H. Mabry Georgia State AFL-CIO 501 Pulliam Street, SW Suite 549 Atlanta, Georgia 30312
312. Lynne Randall Georgians for Choice 580 14 Street, NW Atlanta, Georgia 30307
313. David W. Milam Salem Carpet Mills, Inc. P.O. Box 10 Ringgold, Georgia 30736
314. Karen S. Loritts 8th District - PTA Council Fulton County Schools Creekside Elementary High Sch. 551 Mary Erna Drive Fairburn, Georgia 30213
315. Ed Baker Atlanta Advertising Industry c/o Atlanta Business Chronicle 1801 Peachtree Street Atlanta, Georgia 30309
316. W.A. Binns Union Camp Corp. P.O. Box 570 Savannah, Georgia 31402
317. Louise Radloff Georgia School Boards Assn. 52 Gwinnett Drive Lawrenceville, Georgia 30243
318. S. Warren Jackson Jackson Management Enterprises 215 Piedmont Avenue NE Suite 704 Atlanta, Georgia 30308
319. George Bulloch International Association of Machinists & Aerospace 932 Clay Street Marietta, Georgia 30062
320. W.R. Hornsby Georgia Association of Professional Bail Bondsmen 750 Glass Street, NW Atlanta, Georgia 30318
321. Jammie M. Philpott Citizens For A Safe Progess/Taylor County P.O. Box 611 Reynolds, Georgia 31076
322. John J. Chiaramonte, Jr. Olin Corporation Olin Corporation 4364 North Ocoee Street Cleveland, TN 37312
323. H. Andrew Owen American Insurance Association 1900 Peachtree Center Tower 230 Peachtree Street Atlanta, Georgia 30303
324. William A. Travis Johnson & Johnson 7003 Laurel Turn Big Canoe, Georgia 30143
325. Charles Lane Drew Citizens For Safe Government, Inc. 880 West Peachtree P.O. Box 7600 Atlanta, Georgia 30357
326. Becky A. Kurtz Senior Citizens Advocacy Program 151 Spring Street Atlanta, Georgia 30335
327. Judy D. Lovell Professional Association of Georgia Educators P.O. Box 61 Cleveland, Georgia 30528
328. Shann Cash Professionl Association of Georgia Educators Route 5, Box 5014 Cleveland, Georgia 30528
82
JOURNAL OF THE HOUSE,
329. Donald E. Tefft First Insurance Network, Inc. Peachtree Casualty Insurance 2889 Elmwood Drive Smyrna, Georgia 30080
330. John Holloway Professional Association of Georgia Educators 719 McLendon Street Ashburn, Georgia 31714
331. Lynn L. White Georgia Child Care Association 1029 Railroad Street Conyers, Georgia 30207
332. Fran Hesser Georgia Petroleum Council 50 Hurt Plaza, Suite 720 Atlanta, Georgia 30303
333. John Callaway Georgia Retired Officers Association Federal Military Retiree Coalition 1727 Tolleson Court Dunwoody, Georgia 30338
334. Lee R. Lemke Georgia Mining Association China Clay Producers Assn. 2625 Cumberland Parkway, Suite 485 Atlanta, Georgia 30101
335. Jim H. Groome China Clay Producers Assn. Inland Container Corporation 2625 Cumberland Parkway Suite 485 Atlanta, Georgia 30339
336. MiloDakin Alabama Sports Association Inc. 400 South Union, Suite 405 Montgomery, Alabama 36104
337. Delores Gallego Delta Air Lines, Inc. Air Transport Association of America Delta Air Lines, Inc. Dept. 977 Hartsfield Atlanta Atlanta, Georgia 30320
338. Ted Lawrence Southern Bell 125 Perimeter Center West Suite 346 Atlanta, Georgia 30340
339. Robert Ray, Jr. Georgia Farm Bureau Federation 1620 Bass Road Macon, Georgia 31298
340. R. Rudolph Underwood Georgia Farm Bureau Post Office Box 7068 Macon, Georgia 31298
341. Laura Jean Meadows Georgia Farm Bureau Federation Post Office Box 7068 Macon, Georgia 31210
342. Joe Brannen Georgia Bankers Assn. 50 Hurt Plaza, Suite 1050 Atlanta, Georgia 30303
343. Donald C. Colby United Technologies/Pratt & Whitney P. 0. Box 9903, Pratt & Whitney Columbus, Georgia 31907
344. Jimmy Fleming Vulcan Materials Co. P. 0. Box 80730 Atlanta, Georgia 30366
345. KayY. Young Ga. Legal Services Program Atlanta Legal Aid Society, Inc. 161 Spring St., N.W. 5th Floor Atlanta, Georgia 30303
346. Charles Van Rysselberge The Atl. Chamber of Commerce 235 International Blvd., NW Atlanta, Georgia 30303
347. Susan Neugent The Atl. Chamber of Commerce 235 International Blvd., NW Atlanta, Georgia 30303
348. Gerald L. Bartels The Atl. Chamber of Commerce 235 International Blvd., NW Atlanta, Georgia 30303
349. Milton R. Lincoln The Atl. Chamber of Commerce 235 International Blvd., NW Atlanta, Georgia 30303
MONDAY, JANUARY 14, 1991
83
350. Anthony Mazyck, II Mazak Consultants, Inc. 2458-C Wesley Chapel Rd. Suite 222 Decatur, Georgia 30035
351. Coy R. Johnson Lipscomb, Johnson, Ashway 112 N. Main Street Gumming, Georgia 30130
352. Hans N. Neuhauser The Ga. Conservancy, Inc. 781 Marietta St. Atlanta, Georgia 30318
353. Kerri S. Milam Ga. Abortion Rights Action League Strategic Communication Services 1266 McLendon Ave., #2 Atlanta, Georgia 30307
354. James L. Cherry National Center for Handicapped Rights, Inc. 625 Reds Circle Lilburn, Georgia 30247
355. Sylvia Cherry National Center for Handicapped Rights, Inc. 625 Reds Circle Lilburn, Georgia 30247
356. Robert J. Lipe Miles Pharmaceutical 355 Old Tree Trace Roswell, Georgia 30075
357. Edwin B. Topmiller Ga. Sport Shooting Association, Inc. P. 0. Box 9748 2328 Cortez Way Atlanta, Georgia 30319
358. Michael Kindberg Ga. Sport Shooting Assn. Box 277 Alpharetta, GA 30239-0277
359. Dr. Bill Davis Ga. Sport Shooting Assn. 6505 Roswell Rd. NE Suite 1411 Atlanta, Georgia 30328
360. Fred Phillip Metros Ga. Sport Shooting Assn. 1050 Greendale Lane Jonesboro, Georgia 30236
361. Dorree Jane Smith Public Assistance Coalition 265 Washington Street Atlanta, Georgia 30308
362. Heather Bennett McCabe REACH 1815 Ponce de Leon Ave. Atlanta, Georgia 30307
363. Joe W. Andrews, Jr. Ga. Equity Lenders Assn. Ga. Dairy Products Assn. Ga. Industrial Loan Assn. Ga. Tax Officials Assn. 1239 Second St. P. 0. Box 801 Macon, Georgia 31202
364. Wallace T. Coopwood Credit Consultants Wallace T. Coopwood & Assoc. 1325 Johnson Ferry Rd. Suite 204 Marietta, Georgia 30060
365. Joan B. Isbell Friends of the Environment 560 Meredith Dr. Atlanta, Georgia 30318
366. Martha Haygood Friends of the Environment 1926 Greystone Rd. NW Atlanta, Georgia 30318
367. Sherry L. Abbott Outdoor Advertising Assn. of Ga. 732 Ashby Street, NW Atlanta, Georgia 30318
368. David R. Williams Ga. Bankers Assn. 50 Hurt Plaza, Suite 1050 Atlanta, Georgia 30303
369. Tavia McCuean The Nature Conservancy 1401 Peachtree St. NE, Ste 136 Atlanta, Georgia 30309
370. Pamela R. Ware Mental Health Assn. of Metropolitan Atlanta Mental Health Assn. of Ga. Residential Services Coalition Citizens and Agencies for Troubled Children (CATCH) 100 Edgewood Ave. NE I Suite 502 Atlanta, Georgia 30303
84
JOURNAL OF THE HOUSE,
371. Michael R. Fowler Mental Health Assn. of Metropolitan Atlanta Mental Health Assn. of Ga. Residential Services Coalition Citizens and Agencies for Troubled Children (CATCH) 100 Edgewood Ave., Suite 502 Atlanta, Georgia 30303
372. Angelina R. Luke Ga. Apt. Assn. Atlanta Apt. Assn. 3155 Presidential Dr. Suite 104 Atlanta, Georgia 30340
373. Steve Weathers Georgians for Freedom in Education (GFE) 5275 Light Circle Norcross, Georgia 30071-4139
374. Marc Wetherhorn Citizen Action 3091 Maple Dr., Suite 208 Atlanta, Georgia 30305
375. Lithangia S. Robinson Ga. Retired Teachers Assn. American Assn. of Retired Persons (AARP) 2880 Valley Heart Dr., N.W. Atlanta, Georgia 30318
376. Clifton Neil Irby Christian Science Committee on Publication for Ga. 534 Medlock Rd., Room 534 Decatur, Georgia 30030
377. Kathleen Doughtery Christian Science Committee on Publication for Ga. 534 Medlock, Room 534 Decatur, Georgia 30030
378. Wales F. Barksdale Wales Flynt Forest Co. A. R. Barksdale, Inc. Snapping Shoals Electric Membership Corporation City of Conyers Flynt Lumber Co. 981 Milstead Ave. Conyers, Georgia 30207
379. Claudia B. Ward Ringgold Telephone Co. P. O. Box 869 Ringgold, Georgia 30736
380. Billy L. Adams Southeastern Farm & Power Equipment Association 428 Academy Avenue Dublin, Georgia 31021
381. John W.Walker 4502 Clement Drive, S.W. Professional Assn. of Georgia Educators 4502 Clement Drive, S.W. Atlanta, Georgia 30331
382. Glenn J. Hawkins Mapco, Inc. Mapco Petroleum (Delta Express) Mapco Gas Products Inc. P. 0. Box 645 Tulsa, OK 74101-0645
383. Thomas Ware Buckhead Financial Services Group 499 Northside Circle Suite 412 Atlanta Georgia 30309
384. Bruce E. Widener Georgians for Better Transportation Printing Industry Association of Ga. Yancey Brothers Co. Ga. Equipment Dist. Assn. Ga. Utility Contractors Assn. Conditioned Air Assn. of Ga. Ga. Drillers Assn. 1847 C-Peeler Rd. Dunwoody, Georgia 30338
385. Joan R. Gates Planned Parenthood of the Atlanta Area 100 Edgewood Ave., N.E. Suite 1604 Atlanta, Georgia 30303
386. Michael E. Williams Nat. Rifle Assn.-Institute for Legislative Action NAA-ILA 1600 Rhode Island Ave. NW Washington, DC 20036-3268
387. Mary Lou Romaine Atlanta Labor Council AFL-CIO 501 Pullian St. SE 517 Atlanta, Georgia 30312
MONDAY, JANUARY 14, 1991
85
388. VOID
389. Jack Girard AAA Auto Club South 1100 Spring Street, NW Atlanta, Georgia 30367
390. F. Thomas Longerbeam Assn. of the United States, Inc. Motor Vehicle Manufacturers Assn. of the U. S., Inc. 325 John Knox Rd. Suite C-135 Tallahassee, FL 32303
391. Charles C. Martin Ga. Gamefowl Producers Assn. 470 Hill Street Buford, Georgia 30518
392. Robert J. Walsdorf Ga. Beer Wholesalers Assn. 3015 Piedmont Rd., N.E. Atlanta, Georgia 30305
393. William N. Griffin Ga. Beer Wholesalers Assn. 3015 Piedmont Rd., N.E. Atlanta, Georgia 30305
394. John W. Cox Ga. Assn. of Realtors, Inc. 3200 Presidential Drive Atlanta, Georgia 30340
395. Keith E. Hatcher Ga. Assn. of Realtors, Inc. 3200 Presidential Drive Atlanta, Georgia 30340
396. Alethea K. Garnett Georgia Pacific Corp. P. O. Box 105605 Atlanta, Georgia 30348-5605
397. Dorothy P. Spence Ga. Assn. American Institute of Architects 1197 Peachtree Street, NE. Colony Square Retail M Atlanta, Georgia 30361
398. Bettye L. Stokes, RN Georgia Nurses Assn. Chi Eta Phi Nursing Sorority 404 Espinosa Street Augusta, Georgia 30901
399. Ray B. Rogers State Farm Agents Assn. (Ga. Chapter) 2859-A N. Druid Hills Rd. NE Atlanta, Georgia 30329
400. Willis Bennett State Farm Agents Assn. (Ga. Chapter) P. 0. Box 1340 Snellville, Georgia 30278
401. Leroy B. Andersen Hensley-Schmidt Engineering, Inc. 4872 Mustang Drive Norcross, Georgia 30071
402. William M. Griggers Fulton Cty. Retired Teachers Assn. 2732 Hwy. 29 N. Newnan, Georgia 30265
403. Garnett B. Prince Warner-Lambert Co. 735 Pine Needle Rd. Hampton, Georgia 30228-1545
404. Elsie P. Brown Georgia Assn. for Primary Health Care 878 Peachtree St., N.E. Suite 101 Atlanta, Georgia 30309
405. Robert J. Thomas American Subcontractors Association Roofing & Sheet Metal Contractors Assn. of Ga. Master Roofing Contractors Association of Atlanta Resilient Floor-Covering Contractors Assn. 1783 Washington Ave. Suite 201 East Point, Georgia 30344
406. Alien L. Henderson Southeastern Plastic Ind. Recycling Alliance Physical Therapy Assn. of Georgia Georgians for Clean Water 120 Barrington Hills Dr. Atlanta, Georgia 30350
407. EdMcGill Georgia Alcohol Dealers Association, Inc. Suite A-106 1500 Klondike Road Conyers, Georgia 30207
JOURNAL OP THE HOUSE,
408. J. R. "Jake" Cullens Mr., Agency of Georgia Etowah Vineyards No. Atlanta Charter Realty, Ltd. Senior Retired Troopers & GBI Agents Assn. First American Bank Viking Distillery Glenmore Distilleries Co. Georgia House Foundation Atlanta Casualty Co. Jones & Granger Barton Brands, Ltd. Habersham Vineyards P. O. Box 326 Cartersville, Georgia 30120
409. Tom Keating Atlanta Public Schools P. 0. Box 125 Decatur, Georgia 30031
410. VOID
411. Randall M. Lipshutz Community Assn. InstituteGeorgia Chapter 2300 Harris Tower-Ptree Center 233 Peachtree S Atlanta, Georgia 30043
412. Robert L. Scott Lederle Laboratories 115 Perimeter Center Place Suite 415 Atlanta, Georgia 30346
413. Vicki McLennan National Organization For Women Public Assistance Coalition P. 0. Box 54045 Atlanta, Georgia 30308
414. T.R. Wade Astroline Communications Co. Atlanta Regional Commission Callaway Foundation Cane Sugar Refiners Assn. The Emanon Society of North America Ginn, Edington, Moore & Wade, Inc. Gulfstream Aerospace Corp. Hercules Inc. Inter-Marine Shipping Lake Russell Auth. Lockheed Aeronautical Systems Company Mechanical Technology, Inc. Outdoor Advertising Assn. of America Phillips Petroleum Co. The Regan Group Rockwell International Corp. Tampa Maid Sea Products, Inc. Wilwat Properties, Inc. Lockheed Corporation E.H. Industries, Ltd.
Equifax, Inc. Oglethorpe Power Corp. Philip Morris U.S.A.
Turner Broadcasting Systems, Inc.
Watkins Associated Industries, Inc.
Watkins Motor Lines 1360 South CNN Center
Atlanta, Georgia 30303
415. David Lee Thomas Southeastern Oil Marketers Association
P. 0. Box 95361 Atlanta, Georgia 30347
416. Ruth F. Claiborne Area Health Education
Centers Clearinghouse on Georgia
Prisons & Jails Georgia Psychiatric
Physicians Assn. Visiting Nurse Corporation
Georgia Council on Child Abuse
Planned Parenthood of the
Atlanta Area, Inc. School Social Workers Assn.
of Georgia 120 Ralph McGill Blvd.
Suite 1600
Atlanta, Georgia 30308
MONDAY, JANUARY 14, 1991
87
417. Monty Veazey Georgia Not For Profit Hospitals, Inc. P. 0. Box 1572 Tifton, Georgia 31793
418. Robert K. Yass The Travelers Companies One Tower Square, 6-SHS Hartford, CT 06183-1060
419. Helen P. Smith Georgians for Victim Justice, Inc. P. 0. Box 2309 Savannah, Georgia 31402
420. Shelley A. Rose Georgia Citizens for the Arts 118 North Avondale Road Avondale Estates, GA 30002
421. Ernest Davis, Jr. Atlanta Legal Aid Society, Inc. Georgia Legal Services Programs, Inc. 151 Spring St, N.W. Atlanta, Georgia 30335
422. Robert K. McClellan Public Assistance Coalition 201 Washington Street Atlanta, Georgia 30301-9
423. Don Floyd Georgia Association of Professional Bondsmen 270 Pryor Street, SW Atlanta, Georgia 30303
424. Johnnie M. Keith Disability Activists Rally for Equality 110 Hilliard St., SE. #408 Atlanta, Georgia 30312
425. M. Gail Love Disability Activists Rally for Equality 110 Hilliard St. SE, Ste. 408 Atlanta, Georgia 30312
426. Adam Shapiro Disability Activists Rally for Equality 110 Hilliard St. SE, Ste. 408 Atlanta, Georgia 30312
427. Nellie K. Gainer Disability Activists Rally for Equality 110 Hilliard St. SE, Ste. 408 Atlanta, Georgia 30312
428. Frank Sims Fulton County Board of Education 786 Cleveland Avenue S.W. Atlanta, Georgia 30315
429. James Welsh Fulton County Board of Education 786 Cleveland Avenue Atlanta, Georgia 30315
430. Stephen P. Georgeson Ga. Home Furnishings Assn. Chemcial Manufacturers Assn. Georgia Retail Assn. 675 Ponce de Leon Ave., N.E. Atlanta, Georgia 30308
431. Scott McGee Georgia State University SGA Office 225 University Center Atlanta, Georgia 30303
432. Brad Bell Georgia State University Georgia State University 225 University Plaza Atlanta, Georgia 30303
433. Sara Ban Georgia State University SGA Office 225 University Plaza Atlanta, Georgia 30303
434. William 0. Bailey Georgia State University 1 Park Place South Suite 823 Atlanta, Georgia 30303
435. Ptlene Minick Georgia Nurses Assn. Adult Health Nursing P. 0. Box 4019 Atlanta, Georgia 30303
436. Vita R. Ostrander Georgia Council on Aging American Association of Retired Persons 1839 Mr. Royal Drive, N.E. Atlanta, Georgia 30329
88
JOURNAL OF THE HOUSE,
437. Ray P. Williams Georgia Society of Assn. Executives Georgia Academy of Family Physicians Georgia Society of Opthalmology 938 Peachtree Street, N.E. Atlanta, Georgia 30309
438. Andrew L. Frahler Family Concerns, Inc. P. 0. Box 550168 Atlanta, Georgia 30355
439. Virgil T. Smith Virgil T. Smith Associates P. 0. Box 1471 Dalton, Georgia 30722-1471
440. Herman L. Moore Georgia Pacific Corp. P. 0. Box 105605 133 Peachtree St., N.E. Atlanta, Georgia 30348
441. Frances Smith Georgia PTA 1402 Oakview Drive Griffin, Georgia 30223
442. Nancy H. Jackson Georgia PTA P. 0. Box 816 Griffin, Georgia 30223
443. Jim Kittrell CSX Transportation 1590 Marietta Blvd., N.W. Atlanta, Georgia 30318
444. J. Brian Munroe HLR Service Corporation 1300 I Street N.W. Suite 520 W Washington, DC 20005-3314
445. Eva Galambos Committee for Sandy Springs, Ga. 5070 Trimble Road Atlanta, Georgia 30342
446. John D. Palmer Public Assistance Coalition 201 Washington Street Atlanta, Georgia 30319
447. Luke R. Lassiter National Association of Independent Insurers 106 Pine Crest Drive Cumming, Georgia 30130
448. Kay H. Pippin Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
449. VOID
450. Andrew Henry Griffin, Jr. Georgia Assn. of Educators (GAE) 3951 Snapfinger Parkway Decatur, Georgia 30035
451. Nevin Jones Georgia Assn. of Educators (GAE) 3951 Snapfinger Parkway Decatur, Georgia 30035
452. VOID
453. Robert S. Cribbs Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
454. John M. Dobrenic Georgia Assn. of Educators P. 0. Box 2376 St. Simons Island, GA 31522
455. Bobbie Sharp Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
456. Peggy Parham Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
457. Geneva Fleming Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
458. David Palmer Tires Nationwide, Inc. 290 Hilderbrand #B-5 Atlanta, Georgia 30328
459. Gary M. Holmes Tires Nationwide, Inc. Parker & Holmes, Inc. 315 W. Ponce de Leon Avenue Decatur, Georgia 30030
MONDAY, JANUARY 14, 1991
89
460. Peter H. Chapman, III United Way of Metro Atlanta United Ways of Georgia 100 Edgewood Avenue P. O. Box 2692 Atlanta, Georgia 30371
461. Marie R. Metze League of Women Voters 3259 Cascade Rd., S.W. Atlanta, Georgia 30311
462. Dean G. Auten Agents Action Committee, Inc. 6122 Altama Ave., Suite 5 Brunswick, Georgia 31520-1807
463. David M. Sweet Student Coalition Against Rampant Intoxicated Drivers 5035 Vermack Road Dunwoody, Georgia 30338
464. Shari Ann Rose Ginn, Edington, Moore & Wade, Inc. 1360 South CNN Center Atlanta, Georgia 30062
465. Ervin W. Goodroe Construction Credit Coalition Building Material Merchants Assn. 42 Spring Street Suite 244 Atlanta, Georgia 30303
466. Kay Goodroe Building Material Merchants Assn. Construction Credit Coalition 42 Spring Street Suite 244 Atlanta, Georgia 30303
467. Demetrius Mazacoufa Georgia Nurses Assn. Georgia Dietetic Assn. Georgia Speech-LanguageHearing Assn. 1401 Peachtree St., Suite 238 Atlanta, Georgia 30309
468. H. Wayne Phears ABC Home Health Serv., Inc. Visiting Nurses Assn. Three Rivers Home Health 4725 Peachtree Corners Circle Ste. 375 Norcross, Georgia 30092
469. Duvall D. Brimer The Atlanta Coca-Cola Bottling Company 100 Galleria Parkway NW Suite 800 Atlanta, Georgia 30339
470. James C. Thompson Georgia State UAW CAP Council 1280 Winchester Park Suite 131 Smyrna, Georgia 30080
471. Bob L. Izlar Georgia Forestry Assn., Inc. 505 Pinnacle Court Suite 505 Norcross, Georgia 30071-3634
472. Ginger Clark Professional Assn. of Georgia Educators 2633 Edwards Road Conyers, Georgia 30208
473. Fred Sackett Citizens For A Safer Georgia Rt. 1, Box 243A Butler, Georgia 31006
474. Jack Cory Resource Technology Associates, Inc. Mindis International Attwoods, Inc. Medx, Inc. Alamo Car Rental Inc. 120 E. Jefferson Street Tallahassee, FL 32301
475. Eugene Lee McCord Eugene L. McCord and Associates, Ltd. Re-Group, Inc. Berger, Barnard & Thomas, Inc. 3583 Cloudland Drive Stone Mountain, Georgia 30084
476. Earl T. Shinhoster NAACP 970 Martin Luther King Jr., Dr. Atlanta, Georgia 30314
477. Mary C. Moody Georgia State University Student Gov. Association Lobbying GSU University Plaza Box 456 Atlanta, Georgia 30214
90
JOURNAL OF THE HOUSE,
478. Michi Brockman Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
479. Bill Burns Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
480. Linda Cornejo Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
481. Lenora Daniel Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
482. Hollis Doherty Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
483. Alan Leonard Dynin Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
484. Vicky Ellis Georgia Environmental Project 429 Moreland Ave., NE
. Atlanta, Georgia 30307
485. Hugh Esco Georgia Environmental Project 3RCS Campaign 429 Moreland Ave, NE Atlanta, Georgia 30307
486. Byron K. Franklin Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
487. Kenneth J. Hamilton Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
488. Bethany Hunton Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
489. Patrick Kessing Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
490. Roger Marietta Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
491. Cameron Maury Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
492. Cain McKenzie Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
493. Richard Paul Moore Georgia Environmental Project 429 Moreland Ave., NE Atlanta, Georgia 30307
494. James M. Griffith Georgia Power Company 333 Piedmont Ave., 23rd Floor Atlanta, Georgia 30308
495. Susan J. Payne Georgia Right to Life Project Common Sense 2300 Northlake Center Tucker, Georgia 30080
496. Bert Fridlin National Federation of Independent Business (NFIB) 1447 Peachtree St., N.E. Suite 1008 Atlanta, Georgia 30309
497. Herman R. Daniell Georgia Assn. of Assessing Officials 100 Cherokee St., Suite 127-A Marietta, Georgia 30090-9671
498. Homer Flynn Modesto Corp. Northside Corp. 2159 McKinley Rd. NW Atlanta, Georgia 30318
499. June Deen American Lung Assn. of Ga. 2452 Spring Road Smyrna, Georgia 30080
MONDAY, JANUARY 14, 1991
91
500. Frank Barren Thorpe Georgia Wholesale Grocers Assn. P. 0. Box 7776 Macon, Georgia 31209
501. Monica C. Jones Atlanta Task Force For Persons With Disabilities ACIL C/O V. Mathis 1201 Glenwood Avenue Atlanta, Georgia 30316
502. Peyton Day Family Concerns 4725 Peachtree Corners Circle Suite 300 Norcross, Georgia 30092
503. Jurell Strawn Georgia Right to Life Project Common Sense 7620 Blandford Place Atlanta, Georgia 30350
504. Mark W. Sanders Astroline Communications Co. Atlanta Regional Commission Callaway Foundation Cane Sugar Refiners Assn. E. H. Industries, Ltd. Equifax, Inc. Ginn, Edington, Moore & Wade, Inc. Gulfstream Aerospace Corp. Hercules Inc. Inter-Marine Shipping Lake Russell Authority Lockheed Corp. Lockheed Aeronautical Systems Company Mechanical Technology, Inc. Ogelthorpe Power Corp. Outdoor Advertising Assn. of America Philip Morris U.S.A. Phillips Petroleum Co. The Regan Group Rockwell International Corp. Tampa Maid Sea Products, Inc. Turner Broadcasting Systems, Inc. Watkins Associated Industries, Inc. Watkins Motor Lines Wilwat Properties, Inc. 1360 South CNN Center Ginn, Edington, Moore & Wade Atlanta, Georgia 30303
505. Rita Evans Mental Health Assn. of Metro Atlanta Mental Health Assn. of Ga. League of Women Voters Ga. Coalition for Preventive Health Services for Women Ga. Baptist Medical Center 300 Boulevard NE Atlanta, Georgia 30312
506. Jeffrey M. Corrigan Georgia AIDS Coalition 970 Lindridge Drive NE Atlanta, Georgia 30324
507. Rev. Barry William Keaton Cornith Baptist Church, Bremen, Ga. 30010 Emergency Medical Technicians of Ga. 45 Misty Lane Breman, Georgia 30110
92
JOURNAL OF THE HOUSE,
508. Curtis T. Hines Chairman's Office, Fulton Cty. Board of Commissioners 141 Pryor St., Suite 10032 Atlanta, Georgia 30303
509. Russell W. Sewell Long Aldridge & Norman Ashland Oil Company Atlanta Gas Light Co. Georgia Bankers Assn. 1500 Marguis Two Tower 285 Peachtree Center Ave. Atlanta, Georgia 30303
510. Gordon Griffin Long Aldridge & Norman Atlanta Gas Light Co. Ashland Oil Company Georgia Bankers Assn. 1500 Marguis Two Tower 285 Peachtree Center Ave. Atlanta, Georgia 30303
511. John Ray Long Aldridge & Norman Atlanta Gas Light Co. Ashland Oil Company Georgia Bankers Assn. 1500 Marguis Two Tower 285 Peachtree Center Ave. Atlanta, Georgia 30303
512. Terry E. Hobbs AT&T 1200 Peachtree St., Rm. 5024 Promenade I Atlanta, Georgia 30309
513. Connie L. Buckles Family Life Committee 5734 Fulton Circle Norcross, Georgia 30093
514. Jerry L. Buckles Family Life Committee 5734 Fulton Circle, South Norcross, Georgia 30093
515. Louis Walker Paragon Productions, Inc. 57 Forsyth Street Suite 700 Atlanta, Georgia 30303
516. Anthony McEachin Paragon Productions, Inc. 57 Forsyth St., Suite 700 Atlanta, Georgia 30303
517. James S. Taylor, Jr. National Assn. of Independent Insurers 6740 Shannon Pkwy., Suite 23 Union City, Georgia 30291
518. Marion Ealy, Jr. Tebeso Farms, Ltd. Foster Farms, Inc. Ga. Operator's Self Insurance Group, Inc. Assn. of Transportation Managers of Atlanta London Taxi Drivers Assn. 431-A Flat Shoals Ave. SE Atlanta, Georgia 30316
519. C. L. Neil Parker Georgia Pest Control Assn. 5525 Oak Grove Drive Acworth, Georgia 30101
520. Robert M. Russell Georgia Pest Control Assn. Box 787 Decatur, Georgia 30031
521. Valera B. Jessee Georgia Pest Control Assn. One Executive Concourse Suite 103 Duluth, Georgia 30136
522. Ralph H. Sanford Georgia Pest Control Assn. 969 Old Cedartown Rd. Rockmart, Georgia 30153
523. Michael A. Warren Georgia Pest Control Assn. 137 B North 85 Pkwy. Fayetteville, Georgia 30214
524. Mary Francis Williams Families First, Inc. 1105 West Peachtree St. Atlanta, Georgia 30309
525. Quinn Hudson Trevcam, Inc. Hardin Construction Co. AAA Auto Club South Fireside Log Homes 245 Peachtree Center Ave. Suite 1500 Atlanta, Georgia 30302
526. W. Patrick McMullan Georgia Right to Life Project Common Sense 5045 Roxburgh Drive Roswell, Georgia 30076
MONDAY, JANUARY 14, 1991
93
527. Gerald N. Brunson Merck Sharp & Dohme 4940 Windhaven Court Dunwoody, Georgia 30338
528. Joel E. Harrell Norfolk Southern Corp. 185 Spring Street Atlanta, Georgia 30303
529. Richard A. Ray Georgia State AFL-CIO 501 Pulliam Street, S.W. Suite 549 Atlanta, Georgia 30312
530. Thomas A. Bauer Georgia Occupational Therapy Assn. Ga. Pest Control Assn. Ga. Clinical Electrologists Ga. Electrology Assn. Ga. Assn. of Physician Assistants United Way of Metro Atlanta 100 Edgewood Ave., N.E., #1000 Atlanta, Georgia 30303
531. Jason Bourne Roswell Mortgage Serv., Inc. ABT Insurance Serv., Inc. Committee to Elect Next Governor of Ga. 1994 P. 0. Box 888577 Dunwoody, Georgia 30356
532. Donald G. Gregory, II Public Assistance Coalition 331 Holt Road Marietta, Georgia 30030
533. Dr. John A. Hulsey, Jr. Ga. Retired Teachers Association, Inc. 615 D Oak Street Gainesville, GA 30501-3507
534. Glint Day Ga. Right to Life Project Common Sense Georgia Family Council 4725 Peachtree Corners Circle Suite 300 Norcross, Georgia 30092
535. Michael Axon Atlanta Labor Council Atl. Federation of Teachers Ga. Federation of Teachers AFL-CIO 374 Maynard Terrace, S.E. #202 Atlanta, Georgia 30316
536. Ms. Edith A. Eberhart Ga. Women's Political Caucus 3905 McGill Drive Decatur, Georgia 30034
537. Michael Wardrip Sierra Club Ga. Chapter P. 0. Box 1670 Lilburn, Georgia 30226
538. Gary Parker Parker & Holmes, Inc. 315 W. Ponce de Leon Ave. Suite 808 Decatur, Georgia 30030
539. Dianne Rogers Transportation Communications Int'l Union 1436 Westboro Dr., S.W. Atlanta, Georgia 30310
540. Susan Saleska Ga. Head Injury Assn. Ga. Tire Dealers Assn. Soap and Detergent Assn. Ga. Coalition for Health Assn. Ins. Risk Pool Ga. Coalition Persons with Developmental Disabilities 2199 Bull Run Court Marietta, Georgia 30062
541. John Poole Ga. Self Insurers Assn. Business Council of Ga. 233 Peachtree St. Suite 200 Atlanta, Georgia 30303-2705
542. Roy L. Yancy Southside Council for Jobs, Inc. 215 Lakewood Way SE Suite 106 Atlanta, Georgia 30315
94
JOURNAL OF THE HOUSE,
543. Amy Barnes Ga. Council of Public Libraries Ga. Library Assn. Ga. Library Media Assn. Ga. Council on Child Abuse Visiting Nurse Assn. Area Health Education Centers School Social Workers Assn. of Georgia Ga. Society of Respiratory Care Foreign Language Assn. of Georgia 120 Ralph McGill Blvd. Ste. 1605 Atlanta, Georgia 30308
544. James B. Glanton Ga. Coalition for Traditional Family Values 8374 Creekridge Circle Riverdale, Georgia 30296
545. Charles R. Keith Chrisitan Coalition Georgians for Traditional Family Values 7088 Babbling Brood Dr. Jonesboro, Georgia 30236
546. John P. Devlin Christian Coalition Georgians for Traditional Family Values 3698 Charlotte Drive Rex, Georgia 30273
547. Lorene G. Weddle Christian Coalition Georgians for Traditional Family Values 2784 Ellenwood Road Ellenwood, Georgia 30049
548. Mary C. Hickey Georgians for Choice Political Committee P. O. Box 8551 Atlanta, Georgia 30306
549. Gary W. Black Ga. Agribusiness Council 242 Ag. Bldg., Capitol Sq. Atlanta, Georgia 30334
550. Grace Adams Ga. Agribusiness Council 242 Agriculture Bldg. Atlanta, Georgia 30334
551. Albert F. Collins Citizens for Safe Government, Inc. P. 0. Box 93345 Atlanta, Georgia 30318
552. John C. Magnan Professional Assn. of Ga. Educators 431 West 9th Street Louisville, Georgia 30434
553. Theresa Ann Sipe American College of NurseMidwives, Ga. Chapter 537 Lakeshore Dr. Berkley Lake, GA 30136-3035
554. Joseph A. Sports United Consumers Club Truck Renting & Leasing Assn. Mineral Insulation Manufacturers Assn. Nutrasweet Company Monsanto Company Searle Pearle Health Services Ga. OB/GYN Society Superior Court Clerks' Assn. of Ga. Car/Truck Rental Leasing Assn. National Vehicle Leasing Assn. Assn. of Physical Fitness Centers AFF Chemical Division, Inc. Interactive Learning Systems Jospeh E. Seagram & Sons, Inc. Smokeless Tobacco Council Western Surety Company TRW, Inc. JSA, Inc. & Multistate Assoc. 21 Finch Trail Atlanta, Georgia 30308
555. Ken Fuller Alamo Rent-A-Car Fuller & McKay, Attorneys P. 0. Box 6063 Rome, Georgia 30161
MONDAY, JANUARY 14, 1991
95
556. Willie G. Davis, Jr. Young Democrats of Fulton Cty. W.G. Davis and Associates P. O. Box 310734 Atlanta, Georgia 30331
557. Betty Groepper League of Women Voters of Georgia, Inc. 100 Edgewood, Suite 1010 Atlanta, Georgia 30303
558. Donald T. Browne First National Bank of Atlanta First Atlanta Corporation First Wachovia Corp. 2 Peachtree Street M.C. 700 Atlanta, Georgia 30383
559. Albion H. Golden Ga. Alliance for the Mentally 111 Mental Health Assn. of Ga. 4242 Glenda Drive College Park, Georgia 30337
560. Lucy Cabot-Smethurst The Ga. Conservancy, Inc. 1144 Evergreen Drive N.E. Atlanta, Georgia 30319
561. Judith A. Janus Ga. Assn. of Home Health Agencies, Inc. 666 Powers Ferry Rd. Suite 260 Atlanta, Georgia 30339
562. Debbie L. Rooks Ga. Vocational Assn. 1847 Peeler Rd., Suite A Dunwoody, Georgia 30338
563. James R. Bell National Organization for the Reform of Marijuana Laws (NORML) 6334 Ansley Circle Lithia Springs, Georgia 30057
564. Lou Litchfield Jet Toney and Assoc. Ga. Automobile Dealers Assn. Monty Veazey & Associates Medical Assn. of Georgia 1160-E Grimes Bridge Rd. Roswell, Georgia 30075
565. Jerry Hill Amoco Corporation P. 0. Box 5077 Atlanta, Georgia 30302
566. Douglas B. Anthony Contel P. 0. Box 1102 Thomaston, Georgia 30286
567. Linda Stephens Ga. Occupational Therapy Assn. 5645 Dupree Drive Atlanta, Georgia 30327
568. Thomas Charles Diederich Orkin Pest Control Company Ga. Pest Control Assn. National Pest Control Assn. Professional Lawncare Assn. of America 2170 Piedmont Rd., N.E. Atlanta, Georgia 30324
569. James B. Allgood Ga. Pest Control Assn. P. 0. Box 891 Dublin, Georgia 31040
570. James W. Strong Fulton County Grand Jurors Association 3607 Roxboro Road, N.E. Altanta, Georgia 30326
571. Larry D. Lloyd Central Health Services, Inc. 6666 Powers Ferry Rd. Suite 100 Atlanta, Georgia 30339
572. Lyn Hunt Ga. Citizens for the Arts P. O. Box 633 Madison, Georgia 30650
573. Ruth Bracewell Ga. Citizens for the Arts 611 N. Main Street Madison, Georgia 30650
574. Judith Rhea Cox Georgians For Common Sense Family Concerns Georgia Right to Life P. 0. Box 550168 Atlanta, Georgia 30355
575. Annette B. Johnson Citizen for Traditional Values P. 0. Box 60 Clinchfield, Georgia 31013
96
JOURNAL OF THE HOUSE,
576. Gloria M. Lowery Citizens for Traditional Values 803 Carey Street Perry, Georgia 31069
577. Bobbi Jo Stanfill Family Concerns, Inc. 285 Mayson Avenue Atlanta, Georgia 30307
578. Karen Poe Family Concerns, Inc. 285 Mayson Avenue Atlanta, Georgia 30307
579. Jayde W. Daniel Family Concerns, Inc. 285 Mayson Avenue N.E. Atlanta, Georgia 30307
580. Donna Kay Rodgers Family Concern Georgia Right to Life 990 Longleaf Drive Forest Park, Georgia 30050
581. Martha (Tish) Beall Family Concerns Georgia Right to Life 2454 Briarmoor Road Atlanta, Georgia 30345
582. Brenda H. Lunsford Family Concerns Georgia Right to Life 2844 Talisman Ct. Atlanta, Georgia 30345
583. Bonnie Rae Voss Family Concerns 507 Pine Lake Drive Cumming, Georgia 30130
584. Jeannie B. Golson Family Concerns 103 Summerchase Cove Woodstock, Georgia 30188
585. Charlotte Czekala Right to Life Family Concerns 955 McFarland/400 Blvd. Alpharetta, Georgia 30201
586. Kelle Diaddigo Family Concerns, Inc. Mortgage Bankers Assn. 670 Jackson View Road Suwanee, Georgia 30174
587. Daniel C. Diaddigo Family Concerns, Inc. Mortgage Bankers of America 670 Jackson View Road Suwanee, Georgia 30174
588. Ann S. Rotroff Clayton County Children's Legislative Action Committee 8307 Creekridge Circle Riverdale, Georgia 30296
589. Rev. O.J. Kinard Step Forward Inc. Labor/ Substance Abuse/Long Term 20 Hilliard St. S.E. Atlanta,Georgia 30312
590. Bonnie D. Winfrey, A.A.H.C.C. Bradley Method of Natural Childbirth P. 0. Box 82324 Hapeville, Georgia 30354
591. Edmund C. Martin Ga. School Food Association Ga. Assn. of School Superintendents 9690 Lee Circle Gainesville, Georgia 30506
592. Trip Martin Browning Ferris Industries Texaco Mead Corporation 210 Moccasin Hollow Duluth, Georgia 30136
593. Billy J. Baron ABC Home Health Services, Inc. 2901 Piedmont Road Atlanta, Georgia 30305
594. Melvin T. Steely American Assn. of University Professors West Ga. Collge History Department Carrollton, Georgia 30118
595. Donna Kay McLaurin Ga. Check Cashiers Assn. 2357 Henderson Mill Rd., #2 Atlanta, Georgia 30345
596. Peter Miles Leifermann Ga. Environmental Project 429 Moreland Avenue NE Atlanta, Georgia 30307
MONDAY, JANUARY 14, 1991
97
597. Oria Kunin Georgia Environmental Project 429 Moreland Avenue N.E. Atlanta, Georgia 30307
598. Marie Kinnie Georgia Environmental Project 429 Moreland Avenue N. E. Atlanta, Georgia 30307
599. Michael Sellner Georgia Environmental Project 429 Moreland Avenue N.E. Atlanta, Georgia 30307
600. Charlton H. Bonham Georgia Environmental Project 429 Moreland Avenue N.E. Atlanta, Georgia 30207
601. Daphne Durham Georgia Environmental Project 429 Moreland Avenue N.E. Atlanta, Georgia 30207
602. Jacquie Hundley Georgia Environmental Project 429 Moreland Avenue N.E. Atlanta, Georgia 30207
603. Hollis Doherty Georgia Environmental Project 429 Moreland Avenue N.E. Atlanta, Georgia 30207
604. Carmen C. Smith Georgia Dietetic Assn., Inc. 3000 Atkinson Road S.W. Loganville, Georgia 30249
605. Bob Short Hospital Corp. of America Health Trust, Inc. Scientific Games QSP, Inc. Ethanol Corporation Georgia Alliance Interior Design Professionals Georgia Nuismatic Assn. 1456 Stratfield Circle Atlanta, Georgia 30319
606. Julianna McConnell Georgia Electric Membership Corporation 151 Ellis Street, Suite 422 Atlanta, Georgia 30174
607. Curtis R. Glenda Georgia Alliance for Children, Inc. 34 Peachtree St., Suite 2180 Atlanta, Georgia 30303
608. Robert G. Reynolds Association for Retarded Citizens, Georgia 1851 Ram Runway # 104 College Park, Georgia 30337
609. Terry Murphy Association of Georgia Driver Improvement Clinics 326-C North Slappey Blvd. Albany, Georgia 31707
610. Jefferson T. Tucker Student Coalition Against Rampant Intoxicated Drivers 5035 Vermack Road Dunwoody, Georgia 30338
611. Steven L. Levetan Georgia Association of Recycling Industries Southeast Paper Manufacturing Company Southeastern Chapter, Institute of Scrap Recycling Industries Rock-Tenn Co. 3340 Peachtree Street Suite 1700 Atlanta, Georgia 30326
612. Mary M. Boyert Georgia Right to Life Committee, Inc. P. 0. Box 81474 Atlanta, Georgia 30366
613. Jim Morrison Georgia Game and Fish Federation P. 0. Box 1194 Darien, Georgia 31305
614. Ellen B. Coody Professional Association of Georgia Educators 3700 B Market Street Clarkston, Georgia 30021
615. Jerry L. McCollum Georgia Wildlife Federation 1936 Iris Drive, Suite G Conyers, Georgia 30207
616. David Swann Specialty Products, Inc. D. S. Jerome Productions, Inc. P. 0. Box 7313 Atlanta, Georgia 30357
98
JOURNAL OF THE HOUSE,
617. Jere T. Thorne Georgia Electric Membership Corp. 151 Ellis Street, Georgia EMC Atlanta, Georgia 30303
618. Jim Hammock Humana Vulcan Materials Co., Inc. Anheuser-Busch Companies, Inc. The Tobacco Institute Georgia Association of Rehabilitation Facilities 2480 Mt. Wilkinson Parkway Suite 110 Atlanta, Georgia 30339
619. Timothy L. Kibler Anheuser-Busch Company Humana Hospitals Vulcan Materials, Inc. The Tobacco Institute 2840 Mt. Wilkinson Parkway Suite 110 Atlanta, Georgia 30339
620. B. Keith Melton Atlanta Economic Development Corporation (AEDC) 230 Peachtree Street, N.W. Suite 1650 Atlanta, Georgia 30303
621. Joseph C. Barto, LTC Ret. Georgia Retired Officers Assn. Georgia Federal Military Coalition P. 0. Box 47984 Atlanta, Georgia 30362
622. Mary J. White City of Atlanta 55 Trinity Avenue City Hall, Suite 2400 Atlanta, Georgia 30334
623. Gene W. Sanford City of Atlanta 55 Trinity Avenue City Hall, Suite 2400 Atlanta, Georgia 30334
624. Cynthia O. Carter City of Atlanta 55 Trinity Avenue City Hall, Suite 2400 Atlanta, Georgia 30334
625. James R. Turner Educational Secretaries Office Personnel 616 Carlton Drive Augusta, Georgia 30909
626. Amy Reed Georgia Press Association 1075 Spring St. N.W. Atlanta, Georgia 30309
627. Bonita P. Murdock Georgia Dental Hygienists' Association Route 2, Box 788 Forsyth, Georgia 31029
628. Harold B. Mincey Communictions Workers of America 3516 Covington Highway Decatur, Georgia 30032
629. David Lee Prather Communications Workers of America 279 Logan Street, S.E. Atlanta, Georgia 30312
630. Lauren "Bubba" McDonald Georgians for Better Trans. 1487 Peeler Road Atlanta, Georgia 30356
631. Shannon Staley Georgians for a Lottery Referendum 3650 Habersham Road N.W. Suite 102 Atlanta, Georgia 30305
632. Frank M. Deaver Trust Company Bank Post Office Box 4418 Atlanta, Georgia 30302
633. Terry D. Lawler MCI Telecommunications 400 Perimeter Center Terraces Atlanta, Georgia 30346
634. Eva K. Folse Houston County Taxpayers Association, Inc. Mothers Against Drunk Drivers 113 Avalon Drive Warner Robins, Georgia 31093
635. Sue Ella Deadwyler Georgia Insight 4168 Rue Antoinette Stone Mountain, Georgia 30083
MONDAY, JANUARY 14, 1991
99
636. John A. Blackmon Ida Cason Galloway Foundation American Society of Composers and Publishers Ga. Tax Compliance Committee Georgia Retailers Association Georgia Pharmaceutical Assn. Citicorp and its affiliates Georgia Hospitality and Travel Association Atlanta Convention and Visitors Bureau Georgia Automobile Dealers Association 2400 First Atlanta Tower Atlanta, Georgia 30383
637. David Tidmore Tidmore Computer Company Georgia County Welfare Assn. 114 S. Commerce Street Summerville, Georgia 30747
638. J. P. Harrington, Jr. Professional Insurance Agents of Georgia 39 S. Peachtree Street Norcross, Georgia 30071
639. Heywood C. Gay Georgia Association of Personal Care Homes Georgia Pawnbrokers Assn. American Massage Therapists Association MLQ Courier Professional Insurance Agents of Georgia 3111 Shadow Walk Lane Tucker, Georgia 30084
640. Rechelle Garmany Constantine & Associates 229 Peachtree Street N.B. Suite 2102 Atlanta, Georgia 30303
641. Daniel P. Starnes Council for Children, Inc. 100 Edgewood Avenue Suite 1008 Atlanta, Georgia 30303
642. Ronald Scharback Council for Children, Inc. 100 Edgewood Ave. N.E. Suite 730 Atlanta, Georgia 30303
643. Larry Pellegrini Georgia Privacy Coalition 1041 Canal Street Decatur, Georgia 30032
644. Catheren M. Wollard Georgia Privacy Coalition 120 Mead Road Decatur, Georgia 30030
645. Jet Toney Association of Private Colleges and Universities in Ga. Georgia Dental Hygienists Assn. Georgia Press Association Conoco Oil Marathon Oil Cornerstone Public Affairs Georgia Trial Lawyers Assn. P. 0. Box 1488 Decatur, Georgia 30031
646. John R. Delk Georgia Right to Life Project Common Sense 895 Chippendale Lane Norcross, Georgia 30093
647. Gretchen L. Simpson Richmond County Association of Educators Ga. Association of Educators 1399 Walton Way Augusta, Georgia 30904
648. Lee Richardson Georgia Motorcyclists Political Action Committee American Bikers Active Towards Education of Georgia, Inc. P. 0. Box 2356 Smyrna, Georgia 30081
649. Augustus P. Goddard Privatization of Georgia Georgians for Effective Health Care 1585 St. John Avenue Marietta, Georgia 30067
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
100
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, January 15, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Adams Aiken Alford Atkins Baker Balkcom Barfoot Bargeron
Barnett,B Barnett.M Bates
Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove Brooks Brown Brush Buck Buckner Byrd Campbell
Canty Carrell Chafin Cheeks Childers Clark.E Clark,H
Clark.L Coker Coleman Colwell Connell Culbreth Cummings.B Davis.G Davis.M
Drxon.H Diion.S Dobbs Dover Dunn
Edwards Elliott Felton Floyd,J.M Floyd,J.W Flynt Godbee Golden Goodwin Green Greene Griffin
Groover Hamilton Hammond Harris,B Harris,J Heard Henson
Herbert Hightower Holland Holmes Howard Hudson
Irwin Jackson,J Jamieson Jenkins Jones Kilgore King Kingston Klein Ladd Lane.D Lane.R Langford Lawrence Lawson Lee Long Lord Lucas Lupton Mann Martin McCoy McKelvey McKinney.B McKinney.C Meadows
Merritt Milam Mills Mobley Moody Moreberger Moultrie Mueller Oliver.C Orr Orrock
Padgett Parham
Patten Pelote Perry Pettit
Pinholster Poag Powell.A
Powell,C Purcell Randall
Ray Reaves Ricketson
Royal Selman Sherrill Simpson Sinkfield Skipper Smith.L
Smith,P Smith.T Smith,W Smyre Snow Stancil,F Stancil.S Stanley Stephens Streat Taylor Teper Thomas.C Thomas,M Thomas,N Titus Tolbert Townsend Turnquest Twiggs
Valenti
Vaughan
Walker,J
Wall
Ware
Watson
Watts
White
Wilder
Williams,B
Williams.R
Yeargin
Prayer was offered by Dr. Benny G. Pate, McConnell Memorial Baptist Church, Hiawassee, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be
correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
TUESDAY, JANUARY 15, 1991
101
HB 98. By Representatives Brooks of the 34th, Abernathy of the 39th, Williams of the 54th, McKinney of the 35th, Cummings of the 134th and others:
A bill to amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, so as to provide for single-member districts in the judicial circuits.
Referred to the Committee on Judiciary.
HB 99. By Representatives Brooks of the 34th, Abernathy of the 39th, Williams of the 54th, McKinney of the 35th, Cummings of the 134th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of superior court judges for each judicial circuit, and Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to comprehensively revise the method of election of superior court judges.
Referred to the Committee on Judiciary.
HB 100. By Representatives Brooks of the 34th, McKinney of the 35th, Stanley of the 33rd, White of the 132nd, McKinney of the 40th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that in any state or local primary or election the candidate receiving a plurality of the votes cast shall be nominated or elected.
Referred to the Committee on Governmental Affairs.
HB 101. By Representatives Brooks of the 34th, McKinney of the 40th and Davis of the 29th:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that no funds of the State of Georgia shall be invested or deposited in any financial institution which directly or through its subsidiaries makes loans to the Republic of South Africa.
Referred to the Committee on Banks & Banking.
HB 102. By Representatives Brooks of the 34th, Abernathy of the 39th, McKinney of the 35th, Stanley of the 33rd, White of the 132nd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that no funds of the State of Georgia shall be invested or deposited in any financial institution which directly or through its subsidiaries has outstanding loans to the Republic of South Africa.
Referred to the Committee on Banks & Banking.
HB 103. By Representatives Brooks of the 34th, Abernathy of the 39th, Williams of the 54th, McKinney of the 35th, Stanley of the 33rd and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, and Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that each local board of education and each county and municipal governing authority in the state shall consist of not less than five members, each of whom shall be elected from and by the voters of a single-member district.
Referred to the Committee on Education.
102
JOURNAL OF THE HOUSE,
HB 104. By Representatives Brooks of the 34th, Abernathy of the 39th, Williams of the 54th, McKinney of the 35th, Stanley of the 33rd and others:
A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to organization of county government, so as to provide that the governing authority of each county of this state shall consist of a board of commissioners.
Referred to the Committee on State Planning & Community Affairs.
HB 105. By Representatives Brooks of the 34th, Abernathy of the 39th, McKinney of the 35th, Stanley of the 33rd, White of the 132nd and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption from sales and use taxation for food for human consumption.
Referred to the Committee on Ways & Means.
HB 106. By Representatives Brooks of the 34th, McKinney of the 35th, Stanley of the 33rd, White of the 132nd and Davis of the 29th:
A bill to eliminate the imposition of the death penalty in this state; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to eliminate special appellate procedures relating to death penalty cases; to amend Code Section 9-14-4 of the Official Code of Georgia Annotated, relating to verifications of habeas corpus petitions, so as to eliminate references to capital felonies.
Referred to the Committee on Judiciary
HB 107. By Representatives Brooks of the 34th, Abernathy of the 39th, McKinney of the 35th, Stanley of the 33rd, White of the 132nd and others:
A bill to amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses against public administration, so as to create a new criminal offense relating to certain prohibited acts involving false or facsimile bombs.
Referred to the Committee on Judiciary.
HB 108. By Representatives Brooks of the 34th, Abernathy of the 39th, McKinney of the 35th, Stanley of the 33rd, White of the 132nd and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling.
Referred to the Committee on State Planning & Community Affairs.
HB 109. By Representatives Brooks of the 34th, Stanley of the 33rd, McKinney of the 40th, Davis of the 29th and Canty of the 38th:
A bill to amend Code Section 45-20-9 of the Official Code of Georgia Annotated, relating to procedure for conduct of hearings and appeals under the State Merit System of Personnel Administration, so as to provide that at any hearing the employee shall have the right to be represented by any individual, employee organization, or other organization of the employee's choice.
Referred to the Committee on State Planning & Community Affairs.
TUESDAY, JANUARY 15, 1991
103
HB 110. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, McKinney of the 40th and Davis of the 29th:
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 that the Department of Corrections shall make suitable arrangements and provide suitable facilities to allow any public or private television broadcaster to televise executions; to provide that the State Board of Education shall arrange for the televising of executions as a part of the public broadcasting of the state-wide network of public school educational television stations.
Referred to the Committee on State Institutions & Property.
HB 111. By Representatives Brooks of the 34th, Abernathy of the 39th, McKinney of the 35th, Stanley of the 33rd, White of the 132nd and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide that any county or municipal corporation may create a fair rent commission; to provide that such commission may conduct investigations, hold hearings, and receive complaints relative to rental charges on housing accommodations.
Referred to the Committee on State Planning & Community Affairs.
HB 112. By Representatives Brooks of the 34th, Abernathy of the 39th, Stanley of the 33rd, White of the 132nd, McKinney of the 40th and others:
A bill to amend Article 1 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to provide that no employee subject to the merit system shall be refused medical leave for any day or time if the employee has adequate accumulated sick leave and demonstrates by appropriate evidence the necessity for such sick leave.
Referred to the Committee on State Planning & Community Affairs.
HB 113. By Representative Lane of the 27th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions applicable to the General Assembly, so as to require a copy of local bills annexing territory to a municipality to be provided to the governing authority of the county.
Referred to the Committee on State Planning & Community Affairs.
HB 114. By Representative Lane of the 27th:
A bill to amend Code Section 10-1-410 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of the sale of business opportunities, so as to except from regulation the sale or lease of laundry or dry cleaning equipment.
Referred to the Committee on Judiciary.
HB 115. By Representative Wall of the 61st:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to provide for additional penalties.
Referred to the Committee on Motor Vehicles.
104
JOURNAL OF THE HOUSE,
HB 116. By Representatives Walker of the 115th, Murphy of the 18th, Porter of the 119th, Groover of the 99th, Smyre of the 92nd and others:
A bill to amend Article 3 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the power of the Governor to make appointments and fill vacancies, so as to provide for a Judicial Nominating Commission to assist and counsel the Governor on appointments to certain judicial vacancies.
Referred to the Committee on Judiciary.
HB 117. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the 138th:
A bill to amend Code Section 34-9-100 of the Official Code of Georgia Annotated, relating to procedure for filing claims with the State Board of Workers' Compensation, so as to provide that any claim or notice required to be filed with such board shall be deemed to be filed upon actual receipt by the board or upon the date such claim or notice was mailed by certified or registered mail.
Referred to the Committee on Judiciary.
HB 118. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the 138th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide that any document required to be received by or filed with any state agency shall be deemed to be received by or filed with such agency upon the date such document is actually received or upon the official postmark date such document is mailed, properly addressed with postage prepaid, by registered or certified mail.
Referred to the Committee on Judiciary.
HR 37. By Representatives Brooks of the 34th, Williams of the 54th, McKinney of the 35th, Cummings of the 134th, Stanley of the 33rd and others:
A resolution proposing an amendment to the Constitution so as to provide that all superior court judges shall be appointed by the Governor for terms of four years in such manner as provided by general law.
Referred to the Committee on Judiciary.
HR 38. By Representatives Brooks of the 34th, Williams of the 54th, McKinney of the 35th, Cummings of the 134th, Stanley of the 33rd and others:
A resolution proposing an amendment to the Constitution so as to provide for election of the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor by a plurality of the votes cast.
Referred to the Committee on Governmental Affairs.
HR 39. By Representatives Brooks of the 34th, Abernathy of the 39th, McKinney of the 35th, Stanley of the 33rd, White of the 132nd and others:
A resolution designating the "Nelson Mandela Freeway".
Referred to the Committee on Transportation.
TUESDAY, JANUARY 15, 1991
105
HR 40. By Representatives Dover of the llth and Jamieson of the llth: A resolution compensating Mr. James Thomason.
Referred to the Committee on Appropriations.
HR 42. By Representative Barnett of the 10th: A resolution compensating Mr. Edmund J. Heartstedt.
Referred to the Committee on Appropriations.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:
HB 120. By Representatives Coleman of the 118th, Murphy of the 18th, Connell of the 87th and Walker of the 115th:
A bill to provide supplementary appropriations to the Georgia General Assembly for the State Fiscal Year ending June 30, 1991, for operating expenses.
Referred to the Committee on Appropriations.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 1 HB 2 HB 3 HB 4 HB 5 HB 6
HB 33 HB 34 HB 35 HB 36 HB 37 HB 38
HR
HR q
HR 10
HB 1?
SB n
HHHD
11<0*
HH TTO TRJ
,1144e
"" 1& HR Ifi
HR 17 HB \l
SB w
HR 9A
H*1RD 2^11
HB 22
HB 39
HB 40
HB 41
HB 42
H TTTBJ
4M4K
nH TToTBJ
44A&bt.
HR At HB 47
HB 48 HB 49
2B 5?
HB 51
HTJBU 5CO2
JJB JJ
W HHRBo 2254 HB 26 HB 27 HB 28 HB 29 HB 30 HB 31 HB 32
H5|BRB 5.65 57
HB 58 HB 59 HB 60 HB 61 HB 62 HB 63
106
JOURNAL OF THE HOUSE,
HB 64 HB 65
HB 66 HB 67
HB 68 HB 69 HB 70
HB 71 HB 72 HB 73
HB 74 HB 75
HB 76 HB 77
HB 78 HB 79 HB 80
HB 81 HB 82
HB 83 HB 84 HB 85
HB 86 HB 87
HB 88 HB 89
HB 90 HB 91 HB 92
HB 93
HB 94 HB 95
HB 96 HB 97
HR 7 HR 10 HR 11
HR 12 HR 13 HR 14
HR 15 HR 16
HR 17 HR 18
HR 19 HR 20 HR 21
HR 22 HR 24
HR 25 HR 26 HR 27
HR 28 HR 30
HR 31 HR 32
HR 33 HR 34 HR 35
HR 36
The following Resolutions of the Senate were read:
SR 5. By Senators Deal of the 49th, Garner of the 30th and Dean of the 31st
A RESOLUTION
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly adjourn at 5:00 P.M. on January 18, 1991, and reconvene at 10:00 A.M. on January 28, 1991.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot YBargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield YBirdsong
Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Chafm E Chambless
Y Cheeks Y Childers Y Clark,E Y Clark,H Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cumming8,B Y Cummings.M
Davis.G Y Davis.M Y Dixon.H Y Diion.S
Y Dobbs Y Dover Y Dunn Y Edwards Y EUiott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden
Goodwin Y Green Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Banner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson,J
TUESDAY, JANUARY 15, 1991
107
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane,D YLane.R YLangford Y Lawrence YLawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin
YMcCoy Y McKelvey
Y McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett Y Parham
Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y PowelU Y Powell,C Y Purcell YRandall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Sinkfield
Y Skipper Y Smith,L
Smith,P
Y Smith.T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S
Y Stanley Y Stephens Y Streat
Y Taylor Y Teper Y Thoms,C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Tolbert
Y Townsend Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 163, nays 0. The Resolution was adopted.
SR 6. By Senators Broun of the 46th, Deal of the 49th and Garner of the 30th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of recognizing and honoring William Porter "Billy" Payne, Andrew Young, Ginger Watkins, Linda Stephenson, Doug Gatlin, Elizabeth Clement, Horace Sibley, Charlie Battle, Charlie Shaffer, Bobby Rearden, Peter Candler, Cindy Fowler, Morris Dillard, Jack Pinkerton, and Jim Davis for their special contributions in securing Atlanta's designation as the host city for the 1996 Olympic Games; and for other purposes.
WHEREAS, William Porter "Billy" Payne is the volunteer President of the Atlanta Organizing Committee for the 1996 Olympic Games; and
WHEREAS, he is appropriately credited with having had the brilliant vision of Atlanta as the host city for the 100th anniversary of the modern Olympic Games; and
WHEREAS, he singularly inspired Atlanta's governmental, business, and community leaders to join together and seek the high international honor of designation as the host city for the Games of the XXVIth Olympiad; and
WHEREAS, he recruited a nucleus group to assist him in preparing Atlanta's bid to the United States Olympic Committee to be the U.S. candidate city and Atlanta's subsequent bid to the International Olympic Committee to be designated the host city; and
WHEREAS, the exceptional ability, tireless energy, and unswerving commitment of this extraordinary group of citizens have earned for Atlanta and the State of Georgia a historic opportunity to advance international understanding and goodwill, and the dedication and diligence of these key persons merit special recognition and praise.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that William Porter "Billy" Payne, Andrew Young, Ginger Watkins, Linda Stephenson, Doug Gatlin, Elizabeth Clement, Horace Sibley, Charlie Battle, Charlie Shaffer, Bobby Rearden, Peter Candler, Cindy Fowler, Morris Dillard, Jack Pinkerton and Jim Davis are hereby invited to a joint session of the House of Representatives and the Senate at 11:00 A.M., January 17, 1991, in the hall of the House of Represenatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the
108
JOURNAL OF THE HOUSE,
aforesaid date for the purpose of recognizing the unique contributions of this group of dedicated Georgians in securing for Atlanta the high international honor of hosting the 1996 Olympic games; for the purpose of hearing an address from Billy Payne and such other persons from the group as may be recognized by the presiding officer; and for the purpose of receiving a copy of this resolution in appreciation of the historic opportunity they have
achieved for all Georgians.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom Barfoot Bargeron
Y Barnett,B Y Barnett,M
Bates
Y Beatty Y Benefield
Birdsong Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Brooks Y Brown Y Brush
YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell
Y Carter YChafin E Chambless Y Cheeks Y Childers
Y Clark,E Y Clark.H
Y Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y CummingsJB
Cummings,M Y Davis.G Y Davis.M
Y Dixon.H Y DUon,S Y Dobbs Y Dover
Y Dunn Y Edwards
Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y FLYNT
Godbee Golden Goodwin Y Green
Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Y Howard Y Hudson Ylrwin
Y Jackson.J Y Jamieson Y Jenkiro Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford
Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
YOrrock Y Padgett YParham
Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell YRandall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Siropson Y Sinkfield Y Skipper
Y Smith,L
On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution was adopted.
Y Smith,P Y Smith,T Y Smith.W YSmyre YSnow Y Stancil,F
Stancil.S Y Stanley
Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus
Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
Representative Brooks of the 34th arose to a point of personal privilege and addressed the House.
Representative McKinney of the 35th arose to a point of personal privilege and addressed the House.
The following Resolutions of the House were read and adopted:
HR 23. By Representative Redding of the 50th:
A resolution urging banks and other financial institutions to cash public assistance checks.
TUESDAY, JANUARY 15, 1991
109
HR 29. By Representative Redding of the 50th:
A resolution urging the State Board of Education to adopt a plan to make local school systems aware of the danger of radon gas and to urge local school systems to test for the presence of radon gas in school facilities.
HR 41. By Representatives Walker of the 115th, Reaves of the 147th, Oliver of the 121st, Purcell of the 129th, Watson of the 114th and others:
A resolution Cordially inviting the American Polled Hereford Association to hold the 1993 Junior National Polled Herford Show and Forum in Perry, Georgia.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 43. By Representative Clark of the 20th (Post 3):
A resolution commending and recognizing the members of the Silver-Haired Legislature and inviting the presiding officers to appear before the House of Representatives.
HR 44. By Representatives Lee of the 72nd, Murphy of the 18th, Walker of the 115th, Groover of the 99th, Edwards of the 112th and others:
A resolution amending the Rules of the House of Representatives.
HR 45. By Representative Lane of the 27th: A resolution amending the Rules of the House of Representatives.
HR 46. By Representative Carter of the 146th:
A resolution commending Mr. Timothy McMillan and inviting him to appear before the House of Representatives.
HR 47. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution commending the 1990 Georgia School for the Deaf football team and inviting the team and its coaches to appear and be recognized before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 48. By Representative Floyd of the 135th: A resolution commending Kevin Hall.
HR 49. By Representative Stancil of the 66th: A resolution commending Dee Cabaniss.
HR 50. By Representatives Clark of the 13th, Powell of the 13th and Yeargin of the 14th:
A resolution commending Jason Pierce.
HO
JOURNAL OF THE HOUSE,
HR 51. By Representatives Clark of the 13th, Powell of the 13th and Yeargin of the 14th:
A resolution commending Jeffrey Pierce.
HR 52. By Representative Patten of the 149th: A resolution recognizing and commending Annette Burnsed.
HR 53. By Representatives Jamieson of the llth and Dover of the llth:
A resolution commending Tom Arrendale, Jr., and designating the Tom Arrendale, Jr., Intersection.
HR 54. By Representative Carter of the 146th: A resolution commending Honorable Cheryl Norton.
HR 55. By Representatives Stephens of the 68th, Powell of the 13th, Clark of the 13th and Thurmond of the 67th:
A resolution commending Mr. Charles Marc Freeman for his dedicated service in protecting his community from the dangers associated with fire and congratulating him as recipient of the Athens Rotary Club's Sherm Applebaum Award for Firelighter of the Year.
HR 56. By Representatives Stephens of the 68th, Powell of the 13th, Clark of the 13th and Thurmond of the 67th:
A resolution commending Mr. James Jarratt Pryor for his dedicated service in protecting his community from the dangers associated with lawless conduct and congratulating him as recipient of the Athens Rotary Club's Sherm Applebaum Award for Law Enforcement Officer of the Year.
HR 57. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Taylor of the 94th and Harris of the 96th:
A resolution expressing sympathy at the passing of Mr. John B. Amos.
HR 58. By Representative Purcell of the 129th: A resolution commending Stephanie Shearouse.
HR 59. By Representatives Brooks of the 34th, Abernathy of the 39th, McKinney of the 35th, Stanley of the 33rd, White of the 132nd and others:
A resolution commending Mrs. Emma Rene Rhodes Gresham.
HR 60. By Representatives Brooks of the 34th, Valenti of the 52nd, Orrock of the 30th, Martin of the 26th, Thomas of the 55th and others:
A resolution recognizing the plight of the poor in Georgia.
HR 61. By Representatives Brooks of the 34th, Abernathy of the 39th, McKinney of the 35th, Stanley of the 33rd, White of the 132nd and others:
A resolution expressing regret at the passing of Mr. James W. Couch.
TUESDAY, JANUARY 15, 1991
111
HR 62. By Representatives Brooks of the 34th, Abernathy of the 39th, McKinney of the 35th, Stanley of the 33rd, White of the 132nd and others:
A resolution recognizing the accomplishments of Mr. Asa Philip Randolph.
HR 63. By Representatives Smith of the 78th and Adams of the 79th: A resolution commending Grover C. Ginn.
HR 64. By Representative Smith of the 78th: A resolution commending Ethel M. Smith.
HR 65. By Representatives Cummings of the 17th and Murphy of the 18th: A resolution commending April Hembree.
HR 66. By Representative Stancil of the 66th: A resolution commending Gail Wiley.
HR 67. By Representative Oliver of the 121st: A resolution commending Kerry Williams.
HR 68. By Representative Patten of the 149th: A resolution commending Greg Moore.
HR 69. By Representative Barnett of the 10th: A resolution commending Darron Wright.
HR 70. By Representative Oliver of the 121st: A resolution commending Amy Sheffield.
HR 71. By Representative Carrell of the 65th: A resolution commending Christopher Eckles.
HR 72. By Representatives Wilder of the 21st, Lord of the 107th, Clark of the 20th (Post 3), Adams of the 79th, Hanner of the 131st and others:
A resolution expressing support for the men and women in the Georgia Army National Guard and Georgia Air National Guard; commending Major General Joseph W. Griffin; recognizing Major General Jerry D. Sanders.
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
112
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, January 16, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Adams Aiken Alford Atkins Baker Balkcom Bartoot Baigeron Barnett.B Barnett.M Bates Beatty Benefield Biidsong Blitch Bordeaux Bostick Branch Breedlove Brooks Brown Brush
Buck Buckner Byrd Campbell
Canty Carrell Carter Chafm Chambless Cheeks Childers Clark.E Clark.H
Clark,L Coker Coleman Colwell Connell Culbreth Cummings,B Davis.G Davis,M Dixon.H Dixon,S
Dobbs Dover Edwards
Elliott Felton Fennel Floyd,J.M FloydJ.W
Flynt Godbee Golden Goodwin
Green Greene Griffin Groover Hamilton Hammond Manner Hairis.B Harris.J Heard Henson Herbert
Hightower Holland Holmes Howard Hudson Irwin Jackson Jamieson Jenkins Jones Kilgore King Kingston Klein Ladd Lane.D Lane.R Langford Lawrence Lawson Lee Long
Lord
Lucas
Lupton
Mann
Martin
McCoy
McKelvey
Meadows
Merritt
Milam
Mills
Mobley
Moody Morsberger Moultrie Mueller Oliver.C 01iver,M Orr Orrock Padgett Parham Parrish Patten Pelote Perry Pettit Pinholster Poag Porter Poston Powell,A Powell.C Purcell
Randall
Ray
Reaves
Redding
Ricketson
Royal Selman
Sherrill
Simpson
Sinkfield
Skipper
Smith,L
Smith ,P Smith.T Smith.W Snow Stancil,F Standl.S Stanley Stephens Streat Taylor Teper Thomas.C Thomas,M Thomas,N Thurmond Titus Tolbert Townaend Tumquest Twiggs Valenti Vaughan
Walker,J
Walker,L
Wall
Ware
Watson
Watts
Wilder
Williams.B
Williams.J
Williams.R
Yeargin
Murphy ,Spkr
Prayer was offered by Dr. John Lee Taylor, Pastor, First Baptist Church, Gainesville, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
WEDNESDAY, JANUARY 16, 1991
113
4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 119. By Representatives Walker of the 115th, Connell of the 87th, Thomas of the 69th, Murphy of the 18th, Coleman of the 118th and others:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain state officials, so as to change provisions relating to the reimbursable expense account of members of the General Assembly.
Referred to the Committee on Appropriations.
HB 121. By Representatives Beatty of the 12th, Mueller of the 126th, Barnett of the 10th, Orr of the 9th and Lawson of the 9th:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition of airports by counties and municipalities, so as to require certain municipalities and instrumentalities thereof to obtain consent of the electors of certain counties and municipalities prior to acquiring real property for airport runway purposes or operating airport runways in those counties or municipalities.
Referred to the Committee on State Planning & Community Affairs.
HB 122. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of motor vehicle accidents, so as to provide for the fee which shall be charged for accident reports from the Department of Public Safety.
Referred to the Committee on Motor Vehicles.
HB 123. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the suspension or revocation of the drivers' licenses of persons convicted of misdemeanor possession of marijuana.
Referred to the Committee on Motor Vehicles.
HB 124. By Representatives Dobbs of the 74th, Bates of the 141st and Barfoot of the 120th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the regulation of toxic heavy metals in packaging waste.
Referred to the Committee on Natural Resources & Environment.
114
JOURNAL OF THE HOUSE,
HB 125. By Representatives Thomas of the 69th and Simpson of the 70th:
A hill to amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, so as to prohibit the use for the private gain of an individual of an offender sentenced to perform community service as a condition of probation.
Referred to the Committee on Judiciary.
HB 126. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Code Section 9-11-29.1 of the Official Code of Georgia Annotated, relating to when depositions and other discovery material must be filed with the court, so as to provide that an original certificate of service of all requests and responses to discovery shall be filed with the clerk of the court.
Referred to the Committee on Judiciary.
HB 127. By Representatives Jamieson of the llth and Dover of the llth:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Stephens County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 128. By Representatives Dobbs of the 74th, Twiggs of the 4th, Colwell of the 4th, Orrock of the 30th, Dover of the llth and others:
A bill 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 under Chapter 34 of Title 33, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to change the provisions relating to the requirement for giving notice of a claim and satisfaction of such requirement by a third party injured in an accident involving the insured.
Referred to the Committee on Insurance.
HB 129. By Representatives Dobbs of the 74th, Lane of the lllth, Byrd of the 153rd, Bates of the 141st and Barfoot of the 120th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs.
Referred to the Committee on Special Judiciary.
HB 130. By Representative Parham of the 105th:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and protection of indigent and elderly patients, so as to require the Department of Human Resources to provide certain ventilator services and ancillary care for certain persons who would die without respiratory assistance from a ventilator.
Referred to the Committee on Human Relations & Aging.
WEDNESDAY, JANUARY 16, 1991
115
HB 131. By Representative Parham of the 105th:
A bill to amend Part 3 of Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists, so as to change the provisions relating to definitions; to permit the substitution of equivalent name drugs; to require dispensing the lowest priced drug when equivalent name drugs or generic drugs are prescribed.
Referred to the Committee on Health & Ecology.
HB 132. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-8-159 of the Official Code of Georgia Annotated, relating to emission inspection stations, so as to change the fees for emission inspections.
Referred to the Committee on Motor Vehicles.
HB 133. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, so as to change certain provisions regarding access to certain motor vehicle records.
Referred to the Committee on Motor Vehicles.
HB 134. By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits with respect to landlords and tenants, so as to change the provisions relating to liability for rent of military personnel receiving change of duty orders.
Referred to the Committee on Industry.
HB 135. By Representative Watson of the 114th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to repeal limitations permitted in accident and sickness insurance benefit policies with respect to the coverage of inpatient or outpatient treatment of mental disorders.
Referred to the Committee on Insurance.
HB 136. By Representatives Parham of the 105th and Twiggs of the 4th:
A bill to amend Code Section 26-4-78 of the Official Code of Georgia Annotated, relating to suspension or revocation of licenses of pharmacists, so as to authorize the State Board of Pharmacy to order its licensees or applicants who have displayed an inability to practice pharmacy due to illness, due to use of drugs, alcohol, or other materials, or as the result of any mental or physical condition to undergo a mental or physical examination under certain circumstances.
Referred to the Committee on Health & Ecology.
116
JOURNAL OF THE HOUSE,
HB 137. By Representatives Parham of the 105th, Atkins of the 21st, Chafin of the 72nd, Parrish of the 109th and Twiggs of the 4th:
A bill to amend Code Section 16-13-41 of the Official Code of Georgia Annotated, relating to prescriptions for controlled substances, so as to prohibit oral prescriptions of a certain Schedule II controlled substance.
Referred to the Committee on Health & Ecology.
HB 138. By Representative Parham of the 105th:
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 change the provisions relating to retirement allowances; to provide that certain members with at least 32 years of service shall be eligible to retire forthwith and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of 65 had such members continued in service without further change in compensation.
Referred to the Committee on Retirement.
HB 139. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change the applicability of the Act to certain types of vehicles; to change certain requirements for issuance of a commercial driver's license.
Referred to the Committee on Motor Vehicles.
HB 140. By Representative Watson of the 114th:
A bill to amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, so as to create the Georgia Aviation Hall of Fame Overview Committee as a joint committee of the General Assembly.
Referred to the Committee on Rules.
HB 141. By Representatives Tolbert of the 58th, Royal of the 144th, Greene of the 130th, Heard of the 43rd and Davis of the 45th:
A bill to amend Article 1 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions in the assessment and payment of the costs of criminal proceedings, so as to provide that fees paid to bailiffs and jurors and the cost of preconviction detention shall constitute costs which may be assessed against convicted defendants.
Referred to the Committee on Special Judiciary.
HB 142. By Representatives Hamilton of the 124th, Kilgore of the 42nd, Thurmond of the 67th and Holmes of the 28th:
A bill to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance, so as to provide specific age ranges for students in each grade of school.
Referred to the Committee on Education.
WEDNESDAY, JANUARY 16, 1991
117
HB 143. By Representative Watson of the 114th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the definition of certain terms.
Referred to the Committee on Industry.
HB 144. By Representatives Lawson of the 9th and Oliver of the 53rd:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding workers' compensation, so as to authorize an employer to maintain an action against a thirdparty tort-feasor.
Referred to the Committee on Judiciary.
HB 145. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Griffin of the 6th, Ricketson of the 82nd and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of rates, underwriting rules, and related organizations, and Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to relocate and redesignate certain provisions granting premium discounts to defensive drivers or drivers who are honor students.
Referred to the Committee on Insurance.
HB 146. By Representative Aiken of the 21st:
A bill to amend Code Section 20-2-795.1 of the Official Code of Georgia Annotated, relating to reports to the Professional Practices Commission of certain offenses committed by school system educators, so as to change the list of reportable offenses.
Referred to the Committee on Education.
HB 147. By Representative Barnett of the 59th:
A bill to amend Code Section 40-5-83 of the Official Code of Georgia Annotated, relating to driver improvement clinics and DUI alcohol or drug use risk reduction programs, so as to provide for an increase in fees in the alcohol and drug education courses.
Referred to the Committee on Motor Vehicles.
HB 148. By Representative Barnett of the 59th:
A bill to amend Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for police officers, so as to provide that any law enforcement officer, firefighter, correctional officer, or campus officer shall receive witness fees for their attendance at any court, hearing, or inquest during their nonduty hours.
Referred to the Committee on Judiciary.
118
JOURNAL OF THE HOUSE,
HB 149. By Representative Barnett of the 59th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to prohibit operation of a radio, stereo, or other sound-making device from a motor vehicle at a level that is audible at a distance of 100 feet or more.
Referred to the Committee on Motor Vehicles.
HB 150. By Representatives Barnett of the 59th and Davis of the 45th:
A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the furnishing to, the purchasing of, or the possession by persons under 21 years of age of alcoholic beverages, so as to provide that persons under 21 years of age who are convicted of unlawful possession of alcoholic beverages shall be required to complete a DUI alcohol or drug use risk reduction program.
Referred to the Committee on Regulated Beverages.
HB 151. By Representative Barnett of the 59th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, so as to provide that certain persons other than the initial receiving party or a holder in due course may prosecute an action for issuance of a bad check.
Referred to the Committee on Judiciary.
HB 152. By Representative Barnett of the 59th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to eliminate the plea of nolo contendre to a charge of driving under the influence of alcohol or drugs.
Referred to the Committee on Judiciary.
HB 153. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for equal employment opportunity in this state without regard to race, color, religion, sex, or national origin.
Referred to the Committee on Industrial Relations.
HB 154. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide an exemption from sales and use taxation for the sale and use of food; to provide an exemption for the sale and use of telephone services billed to telephones installed in private residences.
Referred to the Committee on Ways & Means.
WEDNESDAY, JANUARY 16, 1991
119
HB 155. By Representatives Brooks of the 34th, McKinney of the 35th, Stanley of the 33rd, McKinney of the 40th, White of the 132nd and others:
A bill to amend Code Section 15-11-39 of the Official Code of Georgia Annotated, relating to the transfer of cases from a juvenile court for prosecution, so as to provide that a person who is under the age of 18 years at the time such person commits a crime shall not be sentenced to death or executed.
Referred to the Committee on Special Judiciary.
HB 156. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that no funds of any retirement system referred to in said title shall be invested in any financial institution which directly or through its subsidiaries has outstanding loans to the Republic of South Africa.
Referred to the Committee on Retirement.
HB 157. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide that any person operating a retail facility open to the public shall provide on the premises a restroom accessible to the public.
Referred to the Committee on Industry.
HB 158. By Representative Barnett of the 59th:
A bill 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 change the requirement of wearing of headgear so that it will only apply to certain persons.
Referred to the Committee on Motor Vehicles.
HB 159. By Representative Barnett of the 59th:
A bill to amend Code Section 40-5-1 of the Official Code of Georgia Annotated, relating to definitions relative to drivers' licenses, so as to change the definition of a First Offender DUI Alcohol or Drug Use Risk Reduction Program to provide that all first DUI offenders shall be required to attend an education/intervention component.
Referred to the Committee on Motor Vehicles.
HB 160. By Representative Barnett of the 59th:
A bill to amend Code Section 43-38-11 of the Official Code of Georgia Annotated, relating to grounds for denial, revocation, or sanction of private detective or security agency licenses or registrations, so as to provide for an additional ground for such denial, revocation, or sanction.
Referred to the Committee on Industry.
120
JOURNAL OF THE HOUSE,
HB 161. By Representative Barnett of the 59th:
A bill to amend Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for police officers, so as to provide that in certain criminal cases all law enforcement officers shall receive witness fees for their attendance at court in their off-duty hours.
Referred to the Committee on Public Safety.
HB 162. By Representative Barnett of the 59th:
A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding courts, so as to create "The Council of Special Court Judges".
Referred to the Committee on Judiciary.
HB 163. By Representative Barnett of the 59th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for an increase in the penalties for driving with a suspended license after a conviction of possession of a controlled substance or marijuana.
Referred to the Committee on Motor Vehicles.
HB 164. By Representative Barnett of the 59th:
A bill to amend Code Section 40-5-83 of the Official Code of Georgia Annotated, relating to driver improvement clinics, so as to change the fee for alcohol and drug courses offered by such clinics.
Referred to the Committee on Motor Vehicles.
HB 165. By Representatives Barnett of the 59th and Davis of the 45th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to provide for a definition; to require the installation of an ignition interlock device as a condition of probation for certain persons convicted of the offense of driving under the influence of alcohol or drugs.
Referred to the Committee on Motor Vehicles.
HB 166. By Representatives Orr of the 9th, Beatty of the 12th, Lawson of the 9th and Barnett of the 10th:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition of airports by counties and municipalities, so as to require certain municipalities and instrumentalities thereof to obtain consent of the electors of certain counties and municipalities prior to acquiring real property for airport runway purposes or operating airport runways in those counties or municipalities.
Referred to the Committee on State Planning & Community Affairs.
HB 167. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th:
A bill to amend the O.C.G.A., so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A and in Acts of the General Assembly amending the O.C.G.A.
Referred to the Committee on Judiciary.
WEDNESDAY, JANUARY 16, 1991
121
HB 168. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the O.C.G.A.
Referred to the Committee on Judiciary.
HB 169. By Representatives Hamilton of the 124th, Lane of the 27th, Simpson of the 70th, Cheeks of the 89th and Coleman of the 118th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Joint Legislative Commission on Future Strategies.
Referred to the Committee on Rules.
HB 170. By Representative Murphy of the 18th:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentences, suspension or probation of sentences, and changes in sentences, so as to provide that a sentencing court shall retain jurisdiction to shorten a period of probation.
Referred to the Committee on Judiciary.
HB 171. By Representative Greene of the 130th: A bill to create a board of commissioners of Webster County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 172. By Representative Yeargin of the 14th:
A bill to amend an Act incorporating the City of Carlton, so as to change the time of election and terms of office of the mayor and councilman and change the provisions relating to vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 173. By Representatives Lee of the 72nd, Groover of the 99th and Walker of the 115th:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change provisions relating to succession to the office of Clerk of the House.
Referred to the Committee on Rules.
HB 174. By Representative Reaves of the 147th:
A bill to amend Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to prevention and control of disease in livestock, so as to provide for injunctions in connection with bovine diseases and swine mycobacteriosis and the practices and procedures connected therewith.
Referred to the Committee on Agriculture & Consumer Affairs.
122
JOURNAL OF THE HOUSE,
HB 175. By Representative Reaves of the 147th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to create a new Article 29 to be entitled the "Farm Equipment Warranty Act".
Referred to the Committee on Agriculture & Consumer Affairs.
HB 176. By Representatives Lucas of the 102nd, Randall of the 101st, Holmes of the 28th and Smyre of the 92nd:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary educational scholarships, loans, and grants, so as to provide for the establishment of Matthews-Dent scholarships.
Referred to the Committee on University System of Georgia.
HB 177. By Representative Reaves of the 147th:
A bill to amend Code Section 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture relating to weights and measures, so as to delete certain provisions relating to packaged commodities.
Referred to the Committee on Agriculture & Consumer Affairs.
HR 73. By Representatives Coleman of the 118th and Colwell of the 4th:
A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dodge County, Georgia.
Referred to the Committee on State Institutions & Property.
HR 74. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution authorizing the conveyance of certain state owned real property located in Floyd County, Georgia.
Referred to the Committee on State Institutions & Property.
HR 75. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A resolution proposing an amendment to the Constitution so as to allow superior court judges to reside anywhere in the state at the time of their election.
Referred to the Committee on Judiciary.
HR 76. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A resolution proposing an amendment to the Constitution so as to provide that each county, independent, or area board of education shall consist of not less than five members, each of whom shall be elected from and by the voters of a single-member education district.
Referred to the Committee on Education.
WEDNESDAY, JANUARY 16, 1991
123
HR 77. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A resolution proposing an amendment to the Constitution so as to provide that the terms of office of superior court judges may be adjusted so that all such judges will be elected at the same time.
Referred to the Committee on Judiciary.
HR 78. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A resolution proposing an amendment to the Constitution so as to provide that members of the State Board of Pardons and Paroles shall be elected rather than appointed.
Referred to the Committee on Judiciary.
HR 79. By Representative Heard of the 43rd:
A resolution ratifying the alteration of regional development center boundaries established by the Board of Community Affairs.
Referred to the Committee on State Planning & Community Affairs.
HR 80. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution authorizing the grant of a nonexclusive easement for the construction, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Fannin County and Gilmer County, Georgia.
Referred to the Committee on State Institutions & Property.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 98 HB 99 HB 100 HB 101 HB 102 HB 103 HB 104 HHBB 110065
HB 107 HB 108
HB 109 HB 110
HB 111
HB 112 HB 113 HB 114 HB 115 HB 116 HB 117 HR , la
HB 12 HR 37 HR 38 HR 39 HR 40 HR 42
Representative Coleman of the 118th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
124
JOURNAL OF THE HOUSE,
HB 85 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 43 Do Pass HR 44 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 9 Do Pass HR 15 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 7 Do Pass HB 44 Do Pass HB 94 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
WEDNESDAY, JANUARY 16, 1991
125
HB 7. By Representative Branch of the 137th:
A bill to amend an Act providing for the composition and membership of the Board of Education of Ben Hill County, so as to correct certain clerical errors relating to the date upon which the initial members take office.
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 44. By Representatives Patten of the 149th, Reaves of the 147th and Golden of the 148th:
A bill to amend an Act creating the State Court of Lowndes County, as amended, so as to provide that the judge of the state court shall be a fulltime judge and may not engage in the private practice of law.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 94. By Representatives Kingston of the 125th, Hamilton of the 124th, Dixon of the 128th, Mueller of the 126th and Merritt of the 123rd:
A bill to amend an Act incorporating the City of Tybee Island, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilpersons.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House:
HR 5. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The president has appointed as a Committee of Escort on the part of the Senate the following:
126
JOURNAL OF THE HOUSE,
Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th, Walker of the 43rd, Langford of the 35th and Kidd of the 25th.
HR 6. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor.
HR 8. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
The president has appointed as a Committee of Escort on the part of the Senate the following:
Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th, Walker of the 43rd, Langford of the 35th and Kidd of the 25th.
HR 9. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Edwards of the 112th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.
The following Resolution of the House was read:
HR 81. By Representatives Walker of the 115th and Murphy of the 18th
A RESOLUTION
Amending HR 8 so as to change the time of the joint session to be held on Friday, January 18, 1991, for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that HR 8 is amended by striking the time "12:00 Noon" on line 7 of page 1 and inserting in its place the time "11:00 A.M."; and by striking the time "11:45 A.M." on line 11 of page 1 and inserting in its place the time "10:45 A.M."
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B
Y Bamett,M Y Bates Y Beatty
Y Benefield Y Birdsong
Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush
YBuck Y Buckner
YByrd
Y Campbell Canty
Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker
Y Coleman
Y Colwell Y Connell Y Culbreth Y Cummjngs.B Y Cummings.M Y Davis.G Y Davis.M
Y Dixon.H Y Dixon,S
Y Dobbs Y Dover Y Dunn
Edwards
Y Elliott Y Felton
Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
WEDNESDAY, JANUARY 16, 1991
127
Y Hamilton Y Hammond Y Manner Y Harris,B Y HarriM Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson YJenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd
Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Lupton Y Mann
Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell,A Y Powell,C Y Purcell Y Randall Y Ray
Y Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P
Y Smith.T Y Smith,W Y Smyie Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
On the adoption of the Resolution, the ayes were 170, nays 0. The Resolution was adopted.
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
Representative Blitch of the 150th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following Resolutions of the House were read and adopted:
HR 82. By Representative Reaves of the 147th: A resolution commending Lamar Spells.
HR 83. By Representatives Godbee of the 110th and Lane of the lllth: A resolution commending J. J. Lee.
HR 84. By Representatives Ware of the 77th and Milam of the 81st: A resolution commending Sarah Ashmore.
HR 85. By Representatives Purcell of the 129th, Oliver of the 121st, Herbert of the 76th, Walker of the 115th, Long of the 142nd and others:
A resolution commending Honorable George A. Chance, Jr.
HR 86. By Representative Reaves of the 147th: A resolution commending Dee Staten.
HR 87. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A resolution congratulating Honorable Elbert Parr Tuttle.
HR 88. By Representative Reaves of the 147th: A resolution commending Kelda Lane.
128
JOURNAL OF THE HOUSE,
HR 89. By Representative Reaves of the 147th: A resolution commending Jeff Bennett.
HR 90. By Representatives Hamilton of the 124th, Dixon of the 128th, Merritt of the 123rd, Pelote of the 127th, Kingston of the 125th and others:
A resolution commending Dr. Martha Fay.
HR 91. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A resolution expressing regret at the untimely passing of Honorable Harris C. Bostic.
HR 92. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A resolution expressing regret at the passing of Honorable Romae Turner Powell.
HR 93. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A resolution expressing regret at the passing of Dr. Harry V. Richardson.
HR 94. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A resolution expressing regret at the passing of Ms. Minnie Mae Jeffery.
HR 95. By Representatives Brooks of the 34th, McKinney of the 35th, White of the 132nd, Stanley of the 33rd, McKinney of the 40th and others:
A resolution expressing regret at the untimely passing of Mr. Lorenzo Benn.
HR 96. By Representatives Brooks of the 34th, Abernathy of the 39th, McKinney of the 35th, Stanley of the 33rd, White of the 132nd and others:
A resolution expressing regret at the untimely passing of Ms. Sheila Denise Porter.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 97. By Representatives Buck of the 95th, Stancil of the 66th and Lane of the lllth:
A resolution recognizing the national 4-H winners from Georgia and the State 4-H President and inviting them to appear before the House of Representatives; recognizing the observance of 4-H Club Day at the state capitol.
HR 98. By Representatives Stephens of the 68th, Thurmond of the 67th, Holland of the 136th, Mobley of the 64th, Carrell of the 65th and others:
A resolution commending the University of Georgia baseball team as the 1990 NCAA Division I National Champions, and inviting the members of the team and Head Coach Steve Webber to appear before the House of Representatives.
WEDNESDAY, JANUARY 16, 1991
129
HR 99. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A resolution creating the University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee.
HR 100. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A resolution creating the House Postsecondary Vocational Education Laboratory, Equipment, and Library Research Needs Study Committee.
HR 101. By Representatives Hamilton of the 124th, Snow of the 1st, Milam of the 81st, Byrd of the 153rd, Poston of the 2nd and others:
A resolution urging the creation of the Georgia Council on Environmental Quality.
The following Resolution of the House, favorably reported by the Committee on Rules, was read:
HR 44. By Representatives Lee of the 72nd, Murphy of the 18th, Walker of the 115th, Groover of the 99th, Edwards of the 112th and others:
A resolution amending the Rules of the House of Representatives.
The following amendment, offered by Representative Lane of the 27th, was read and withdrawn:
Representative Lane of the 27th moves to amend HR 44 as follows: On Page 1, Line 10 strike the figure "12" and insert the No. "16".
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams Y Aiken Y Alford
Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron
Barnett,B Y Barnett,M
Bates Y Beatty Y Benefield
Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty
Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E N Clark.H Y Clark.L Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth
Cummings,B Y Cummings,M
Davis.G Y Davis.M Y Dixon.H Y Dixon.S N Dobbs Y Dover NDunn
Y Edwards Y Elliott
N Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W
N Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover N Hamilton Y Hammond Y Manner Y Harris,B
Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein NLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas
Lupton YMann N Martin
Y McCoy Y McKelvey N McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody N Morsberger Y Moultrie
Y Mueller Y Oliver.C N Oliver.M YOrr N Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote N Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A
Y Powell.C Y Purcell Y Randall
YRay Y Reaves N Redding Y Ricketson Y Royal Y Selman N Sherrill
130
JOURNAL OF THE HOUSE,
N Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P
Smith,T Y Smith,W Y Smyre
Y Snow Y Stancil.F N Stancil,S N Stanley N Stephens Y Streat Y Taylor Y Teper
N Thomas.C N Thomas,M N Thomas.N N Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Y Twiggs N Valenti Y Vaughan N Walker,J Y Walker.L Y Wall Y Ware Y Watson
Y Watts White Wilder
Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, the ayes were 140, nays 28. The Resolution was adopted:
Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Cummings of the 17th arose to a point of personal privilege and addressed the House.
The Speaker announced the House in recess until 11:45 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 5 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate,
Lieutenant Governor Pierre Howard.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His
Excellency, Governor Zell Miller, appeared upon the floor of the House and delivered the following address:
Mr. President, Mr. Speaker, members of the General Assembly of Georgia, distinguished guests, and my fellow Georgians: It is my honor and my duty under our Constitution to report to you on the state of our State. But I want not only to discuss with you where we stand today, but also to begin to chart the course we must sail together in order to reach the Georgia That Can Be.
I have sat up here on this rostrum as your Lieutenant Governor, or out on the floor as a fellow legislator, and listened to six different Governors report on the state of the State. I am grateful for that perspective and for those years of preparation for the responsibility I now face.
I have spent countless hours presiding over the State Senate, and I see many lifelong friends from the Senate here today. Your friendship and support give me confidence that we can complete the journey before us.
I've also spent considerable time in this Chamber. Sometimes as the guest of the Speaker, sometimes as his adversary, sometimes as his student but always with great respect. Respect not only for this strong leader, but also for the outstanding Members who are the heart and soul of the House.
This will be a session of hard choices, hard thinking and hard work. It must also be a session marked by teamwork and mutual respect for the executive role and the legislative role. For my part, I shall do everything in my power to make this administration one of cooperation, not confrontation.
WEDNESDAY, JANUARY 16, 1991
131
Let us remember that the hopes and dreams of more than six million Georgians converge under the Capitol dome in these 40 days we spend together. We must not hinder those hopes with political bickering, nor defer those dreams with political rifts.
On Friday I will report to you in detail on our financial situation, setting before you the budget that I have worked on almost every day since the election.
The plain hard fact is that we face a difficult financial situation. Virtually every state government in the nation faces the same or a much more serious situation. There are two overriding reasons - the national recession and the New Federalism.
We have no crystal ball to tell me anything meaningful about the length or depth of the recession. But it is important that we all understand how the New Federalism has affected the financial condition of this state and every other state.
You will recall that back in the 70s we as a nation felt that too much power had gravitated to Washington, that federal regulation was becoming over-reaching and unworkable. Federal taxes were cut to stimulate the economy, and we fondly remember the economic boom of the 80s that followed.
But under the New Federalism, the scope of many federal programs and their costs were not truly curtailed. They were simply shifted to the states. In the past ten years the level of federal support through grants to state and local government went down 38 percent!
Because we were in an economic boom, we did not give much attention to the shift of financial responsibility. Picking up the cost of programs as federal support was cut was not a great burden in those heady economic times. But now the upward spiral of state revenues has ground to a halt. The days of drinking that free bubble up and eating that rainbow stew are gone.
I am not complaining about our new responsibilities. I believe in grassroots government. I believe government works better when it is closer to the people. But for you and me it means our work is both more important and more difficult. The cautious, reserved approach to governing in the prosperous 80s is inadequate for the 90s. We cannot sit on the sidelines and wait for the economy to improve. We must act.
And so I will bring to the General Assembly a legislative agenda that is a little different from the traditional approach for a new Governor. Today I want to briefly outline for you a blueprint to begin building the bridge between the Georgia That Is, and the Georgia That Can Be.
First, it should surprise no one here that my number one legislative initiative and my top priority is the Georgia Lottery for education. After traveling this state from Blairsville to Brunswick, I can tell you without any doubt that the people of Georgia want a lottery and they want their lottery to finance new education programs.
I realize the lottery is an issue on which some of us disagree. I know there are strong and deeply held opinions on the subject.
I want your input but at the same time, I want you to know that I am adamant that the new lottery funds must not supplant existing funds for education. I hope you are too. Think about it; we cannot allow the lottery funds to be put in one pocket for our school children, while existing funds are taken from their other pocket.
That is why the constitutional amendment to create a Georgia lottery will place the proceeds in a special budget category, a budget category in which the lottery proceeds are clearly additional funds for education.
Another hidden danger we must guard against is that the hundreds of millions of new dollars the lottery will raise will be used to simply buy more of the same mediocre,
132
JOURNAL OF THE HOUSE,
bureaucratic education programs. The people of Georgia will not stand for more of the same, and neither will I.
We've got a solid foundation with QBE but it's a foundation to build on, not to stand on. Among my education proposals for the year there are four programs which, if they prove successful, we should later fully fund with lottery proceeds. There may be others.
The four are: voluntary pre-kindergarten for four year olds, especially targeted at children who are at risk of becoming drop-outs when they get older; an expansion of the Governor's Honors Program for our gifted students; drug education through a doubling of support for the DARE program the partnership between law enforcement and education that is turning young lives around all over this state.
And fourth, sex education. This is a difficult subject, I know. But if dealing with it makes you uncomfortable, ignoring it should make you ashamed: Georgia is eighth in AIDS cases, and fifth in infant mortality and teenage pregnancy. We have children having children, and we've got to stop it.
We must also begin delivering our programs more effectively. Along those lines, I have met at length with State Superintendent Werner Rogers, and we have agreed to work together to change the role of the State Department of Education. There will be an immediate re-structuring of the top levels of the Department of Education...a downsizing of the Department with more emphasis on providing service to local school systems and less bureaucratic monitoring.
I want to attract our best and brightest into the teaching profession. The State Superintendent and I also agreed to take action to reform an area that I talked about in my campaign...teacher certification. We will take the certification program completely out of the Department of Education and place it in the Professional Standards Commission, a transfer of 40 employees. This action will allow a smaller agency to focus its energies and resources on removing the barriers that discourage qualified people from becoming teachers.
Next week I will appoint a task force to examine the most sensible way of paying our best teachers more. Teaching is the only occupation I know of where if you do a better job you don't get better pay. I want to change that. And I want you to help me. One of the thorniest issues we face is Georgia's high dropout rate. It is time to act, to identify at-risk children and to link what happens in the classroom to what happens in the family and community.
I have directed the Departments of Education, Human Resources and Medical Assistance to create a plan for addressing the needs of children at risk and to use provisions of the State's Medicaid program for funding. I'll need your help in adding language to the appropriations act to allow these three agencies to pursue this program.
The third major area is as much a jobs issue as it is an education issue: literacy. You've heard the statistics: More than one out of every five adult Georgians is functionally illiterate. Over one million Georgians cannot read the warning on a medicine bottle, a letter from a loved one, or even read a bedtime story to their children.
If we are to compete for jobs in the new economy, we will have to invest more in our people. That is why I will ask you to adopt a tax credit for companies that provide literacy education. Such an approach will involve the private sector, strengthen the link between education and jobs, and make Georgia more attractive for companies who want to locate here.
The wisdom of the investment is even more clear when you read the studies that conclude that raising just 20,000 adults out of illiteracy will generate over $90 million per year in increased economic activity.
Literacy is so important to this former teacher that I'm deploying my most potent weapon to fight for it: First Lady Shirley Carver Miller. Shirley will make adult literacy
WEDNESDAY, JANUARY 16, 1991
133
her top priority, and will work with the Literate Community Program, which has such great promise, GED testing and the whole range of programs in this important area.
As one who grew up and still calls home one of the most rural parts of our state, I pledge never to forget about rural Georgia. I have a long standing commitment to improving transportation and will continue to support economic development highways to open rural areas of our state to new industry.
And this session I will introduce a major initiative to expand the state's economic development efforts, especially in rural Georgia. I will ask you to pass legislation changing the Georgia Residential Financial Authority to the Georgia Capital Finance Authority, a restructuring that will increase access to capital for businesses and industries that wish to relocate to Georgia.
If you pass this legislation, we will have a new tool to attract small business firms to rural Georgia, where industrial financing is often difficult. I believe that the state has an obligation to promote growth in underserved areas.
One problem that we've been trying to solve for years but on which we must do more is crime.
I have met with the Chairman of the Pardons & Parole Board, and we can end Georgia's early release program. Begininning this July, we will start to phase out early release, and if you give me the boot camps I'm requesting this session, early release will become history by July of 1992.
I further requested and the Board has agreed to broaden the definition of violent offenders, and to lengthen the amount of time they serve before becoming eligible for parole. My message is clear: if you kill someone while driving drunk, if you molest or abuse a child, or if you want to be a big time drug dealer, you're going to serve a big time sentence.
The violent crime we are most exposed to and most vulnerable to is drunk driving. If you are out on a Friday or Saturday night, as many as one out or every ten drivers on the road with you is drunk. And that is why I am proposing the toughest new DUI laws in Georgia's history.
Other parts of our anti-crime package include forcing drug pushers to forfeit their mansions and using the money to pay for drug rehabilitation and treatment for the people they addict, and a state Hobbs Act to attack public corruption.
I also want to reorganize the state's law enforcement and training agencies. Let me make this clear: The reorganization of the Department of Public Safety will not cost one red cent more than we now spend in that criminal justice area. As you will see in my budget on Friday, it will be paid for by cutting back on the existing bureaucracy. The war on crime is too important for our forces to be fragmented. I want all our people fighting crime, not fighting turf battles.
We also have to work harder to protect our environment. Piece by piece our state's natural beauty is being graded under or paved over. Of Georgia's entire land area, only eight percent is in public parks or forest, which ranks us seventh of the 11 Southeastern states.
In the Piedmont, where more than half of the state's population lives, only two percent of our land is in parks and forests. That's a disgrace for a state that calls itself the "Empire State of the South." It is my goal to protect another 100,000 acres of park land through public-private partnerships by the end of the 90s. In addition, I will ask you to pass new legislation protecting our mountains and river corridors.
I also want to restructure the Hazardous Waste Authority, not only its membership but also its mission. I have appointed a nationally recognized consf-vationist, Bob Kerr,
134
JOURNAL OF THE HOUSE,
as its director, and will ask you to change the membership of the Authority by taking the politicians off and putting professionals on...more scientists, more engineers, more environmentalists.
With Bob Kerr, we will completely refocus the Authority's mission, broadening it from merely selecting a place to dispose of our waste to attacking the problem at its source: reducing the amount of waste we generate here in Georgia, which right now, I am sorry to say, is one of the highest in the nation.
I know of no area in which our investment over the years has paid a more handsome reward than higher education. Although this year's budget allows little new money for higher education, as a former college teacher I will immediately begin to give it more hands on support than it's received in many years. I will create a Higher Education Roundtable to be composed of the Governor, Speaker, the Lieutenant Governor, the Chancellor, and the presidents of the five universities. We will meet at the Mansion at least once every quarter to discuss the needs and goals of the university system.
And, I also intend to promote our research with as much pride as we currently promote our fine athletic teams Georgia Tech, the University of Georgia and Emory combined perform more research than the three universities of North Carolina's famous Research Triangle. Yet, few people around the nation know that, but they will before we are through.
I am also calling for a permanent fund to meet capital and equipment needs throughout the university system from libraries to laboratories. We must do this because the most important resource of the Georgia That Can Be is the educated minds of our sons and our daughters.
Health care is another area in which we face the choice posed to us by the auto mechanic in the TV commercial who said, "You can pay me now, or pay me later." If we invest in a small amount of preventive care, especially for pregnant women and infants, we can save millions down the road. That is why I will offer new initiatives such as expanded early intervention services for infants and toddlers who have developmental disabilities...and perinatal care for pregnant women.
As I promised in my campaign, I will also begin a new program that will give immediate treatment to pregnant females who are abusing drugs.
Because I knew poverty, I understand the cruelty of an innocent baby suffering only because her Mama is poor, or addicted. And because I know state government I understand the foolishness of ignoring the problems of impoverished babies in a misguided effort to save money. The end result of neglecting babies to save a pittance is millions spent later in welfare and incarceration. As Governor, I will do my best to alleviate the cruelty, and eliminate the foolishness.
Another goal of my administration is to reform auto insurance in Georgia. With your help, I intend to roll back auto insurance rates in Georgia right away and that's just the beginning.
That family that works and saves and sometimes comes up a little short at the end of the month, deserves a break. Not only when they pay their car insurance premium, but also every time they buy a bag of groceries. That is why I have introduced a constitutional amendment to give the people of Georgia a chance to repeal the sales tax off all food for all time.
The repeal will be gradual and predictable, a penny a year until it's gone for good. I'd like to repeal the current hodgepodge of a food tax, which exempts peanuts but taxes peanut butter. But please understand this: I will not sign a bill repealing the partial food tax exemption if it comes to my desk without the constitutional amendment.
The two are inseparable in my mind because, to me, flawed as it is, the present law that cuts taxes on some food is better than no cut in the food tax at all.
WEDNESDAY, JANUARY 16, 1991
135
These priorities are not the end of the Miller Administration's goals. They are just the beginning. If they seem to be ambitious, it's because they are. I believe we can only succeed greatly by daring greatly.
In 1934 a French zoologist applied the theory of aerodynamics to the bumblebee. He found that, because of its inordinate weight and its inadequate wingspan, the flight of a bumblebee is physically impossible. Fortunately, the bumblebee was not made aware of this study, and so it keeps on flying.
There are those who look at the Georgia that is, see our temporary budget problems, and the multitude of other challenges, and say that the Georgia That Can Be will never fly.
They say that a proud and prosperous Georgia, an educated and enlightened Georgia they say that Georgia will never be. My friends, let us tell the fainthearted to stand back and watch us fly.
With your help and God's I know we shall succeed.
Senator Garner of the 30th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.
The Speaker called the House to order.
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
136
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Thursday, January 17, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Arnold McKinney, Pastor, Macedonia Baptist Church, Waycross, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 178. By Representatives Walker of the 115th, Holmes of the 28th, Groover of the 99th, Jackson of the 9th and Moultrie of the 93rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for a randomized alphabet to be used to determine the order in which the names of candidates shall appear on the official primary and election ballots.
Referred to the Committee on Governmental Affairs.
HB 179. By Representatives Parham of the 105th, Parrish of the 109th, Chafin of the 72nd, Atkins of the 21st and Twiggs of the 4th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to include as Schedule III controlled substances anabolic steroids and certain other substances which promote muscle growth.
Referred to the Committee on Health & Ecology.
THURSDAY, JANUARY 17, 1991
137
HB 180. By Representative Oliver of the 53rd:
A bill to amend Code Section 15-11-30 of the Official Code of Georgia Annotated, relating to an indigent person's right to counsel in juvenile court proceedings, so as to provide that counsel must be provided for a child in all deprivation cases and in all cases when a child is not represented by his or her parent, guardian, or custodian.
Referred to the Committee on Judiciary.
HB 181. By Representative Oliver of the 53rd:
A bill to amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to persons entitled to bring action for the wrongful death of spouse or parent, so as to provide that any amount recovered for a wrongful death action on behalf of a minor or minors shall be held by a guardian of the property.
Referred to the Committee on Judiciary.
HB 182. By Representatives Dobbs of the 74th, Patten of the 149th, Porter of the 119th, Cheeks of the 89th, Breedlove of the 60th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide for limitations on the modification of permits to operate solid waste handling facilities.
Referred to the Committee on Natural Resources & Environment.
HB 183. By Representative Buck of the 95th:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to authorize creditable service for certain prior service.
Referred to the Committee on Retirement.
HB 184. By Representatives Buck of the 95th and Walker of the 115th:
A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to provide that certain district attorneys who are members of the District Attorneys Retirement Fund of Georgia created by Code Section 47-12-21 may become members of the District Attorneys' Retirement System created by Code Section 47-13-20 under certain conditions.
Referred to the Committee on Retirement.
HB 185. By Representatives Simpson of the 70th and Porter of the 119th:
A bill to amend Code Section 43-33-18 of the Official Code of Georgia Annotated, relating to refusal to grant or restore licenses of physical therapists and physical therapist assistants, so as to change the authority of the State Board of Physical Therapy to refuse to grant or restore a license to an applicant or to discipline a physical therapist or physical therapist assistant.
Referred to the Committee on Health & Ecology.
138
JOURNAL OF THE HOUSE,
HB 186. By Representatives Dixon of the 151st and Twiggs of the 4th:
A bill to amend Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally and use of deadly force, so as to provide that the provisions of said Code Section 17-4-20 shall not be construed to restrict the use of deadly force by peace officers of state or local law enforcement agencies when reasonably necessary to prevent escapes or apprehend escapees from state and county correctional institutions, jails, and other places of lawful confinement.
Referred to the Committee on Special Judiciary.
HB 187. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a driver's license in lieu of bail, so as to provide for extension of the period in which the receipt for deposit of a driver's license in lieu of bail is valid.
Referred to the Committee on Judiciary.
HB 188. By Representative Thomas of the 69th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to service of process in civil actions, so as to provide that process may be served by any citizen of the United States who is not a party and is not younger than 18 years of age.
Referred to the Committee on Judiciary.
HB 189. By Representatives Brown of the 88th and Brooks of the 34th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that the loyalty oath required of public officers and employees shall not contain a statement with respect to membership in the Communist Party.
Referred to the Committee on Governmental Affairs.
HB 190. By Representatives Brown of the 88th and Brooks of the 34th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that the loyalty oath required of public officers and employees shall not contain a statement with respect to membership in the Communist Party; to revise a prohibition with respect to employment of aliens by deleting certain references to communists.
Referred to the Committee on Governmental Affairs.
HB 191. By Representatives Brown of the 88th and Brooks of the 34th:
A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide that the loyalty oath required of public officers and employees shall not contain a statement with respect to membership in the Communist Party; to revise a prohibition with respect to employment of aliens by deleting certain references to communists.
Referred to the Committee on Governmental Affairs.
THURSDAY, JANUARY 17, 1991
139
HB 192. By Representative Redding of the 50th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of health care facilities, so as to provide for the registration of massage therapists.
Referred to the Committee on Health & Ecology.
HB 193. By Representatives Stancil of the 8th, Pinholster of the 8th, Jones of the 71st, Poston of the 2nd, Hamilton of the 124th and others:
A bill to amend Code Section 20-2-168 of the Official Code of Georgia Annotated, relating to distribution of federal funds and purchase of school supplies and equipment, so as to authorize local units of administration to use an adopted series of reading textbooks beyond the state textbook adoption cycle.
Referred to the Committee on Education.
HB 194. By Representative Pettit of the 19th:
A bill to amend Code Section 45-18-1 of the Official Code of Georgia Annotated, relating to definitions relative to the state employees' health insurance plan, so as to extend certain employment benefits to professional, clerical, and administrative personnel employed by a district attorney of this state for the purpose of enforcing the provisions of Article 1 of Chapter 11 of Title 19, the "Child Support Recovery Act".
Referred to the Committee on State Planning & Community Affairs.
HB 195. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Titus of the 143rd and Holland of the 136th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require that all special elections and municipal special elections shall be held on certain uniform dates.
Referred to the Committee on Governmental Affairs.
HB 196. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to the filing of campaign contribution disclosure reports, so as to provide that an unopposed candidate or the campaign committee of an unopposed candidate shall not be required to file certain disclosure reports.
Referred to the Committee on Governmental Affairs.
HB 197. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd and Titus of the 143rd:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code," so as to provide that certain nomination petitions and petitions to qualify political bodies to nominate certain candidates by convention shall consist of cards each of which shall contain only one signature.
Referred to the Committee on Governmental Affairs.
140
JOURNAL OF THE HOUSE,
HB 198. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time period during which elections can be conducted for the purpose of exempting certain tangible personal property from ad valorem taxation or imposing a joint county and municipal sales and use tax or a special county 1 percent sales and use tax.
Referred to the Committee on Ways and Means.
HB 199. By Representatives Irwin of the 57th and Oliver of the 53rd:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to add to the Council of Juvenile Court Judges associate juvenile court judges; to change certain procedures regarding associate judges of the juvenile courts; to provide that associate juvenile court judges may perform marriage ceremonies.
Referred to the Committee on Judiciary.
HB 200. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to specify the types of funds which shall be used to pay qualifying fees.
Referred to the Committee on Governmental Affairs.
HB 201. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require all write-in candidates to designate the specific office sought where an office has multiple officeholders.
Referred to the Committee on Governmental Affairs.
HB 202. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Code Section 15-6-56 of the Official Code of Georgia Annotated, relating to filling vacancies in the office of clerk of superior court in counties with a chief deputy clerk, so as to change the time period during which the chief deputy clerk shall serve as clerk of the superior court.
Referred to the Committee on Governmental Affairs.
HB 203. By Representative Pettit of the 19th:
A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees' retirement systems of certain state authorities and commissions, so as to provide that all officers and employees of the GeorgiaNet Authority shall become members of the Employees' Retirement System of Georgia.
Referred to the Committee on Retirement.
THURSDAY, JANUARY 17, 1991
141
HB 204. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Code Section 21-3-91 of the Official Code of Georgia Annotated, relating to filing notice of candidacy in municipal elections so as to revise the time period for filing such notice with respect to certain municipal general or special elections.
Referred to the Committee on Governmental Affairs.
HB 205. By Representatives Holmes of the 28th, Greene of the 130th, Goodwin of the 63rd, Titus of the 143rd and Stancil of the 8th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that all municipalities shall utilize the county voter registration system and shall not maintain a separate registration system.
Referred to the Committee on Governmental Affairs.
HB 206. By Representatives Holmes of the 28th, Greene of the 130th, Goodwin of the 63rd and Titus of the 143rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide a pilot program for registration of electors; to provide that license examiners employed by the Department of Public Safety shall be deputy registrars.
Referred to the Committee on Governmental Affairs.
HB 207. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to revise authorization procedures regarding the availability of certain criminal history records to county boards of registrars or county boards of registration and election.
Referred to the Committee on Governmental Affairs.
HB 208. By Representatives Oliver of the 53rd, Lawrence of the 49th and Pinkston of the 100th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide that business records required to be kept by state law or an administrative rule or regulation promulgated pursuant to state law shall be retained for a period of three years.
Referred to the Committee on State Planning & Community Affairs.
HB 209. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to election and qualification of county tax officials, so as to change certain provisions regarding the conducting of a special election to fill certain vacancies in the office of tax receiver, tax collector, or tax commissioner.
Referred to the Committee on Governmental Affairs.
142
JOURNAL OF THE HOUSE,
HB 210. By Representative Pettit of the 19th:
A bill to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to sales of files of public information by the GeorgiaNet Authority, so as to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state.
Referred to the Committee on State Institutions & Property.
HB 211. By Representatives Pettit of the 19th, Thomas of the 69th and Moultrie of the 93rd:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts in general, so as to provide for the nonpartisan election of probate judges; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries in general, so as to provide for the procedure for qualifying for the office of probate court judge.
Referred to the Committee on Judiciary.
HB 212. By Representatives Redding of the 50th and McKinney of the 35th:
A bill to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to provide that such court shall not have jurisdiction over a child alleged to have committed the offense of murder, rape, kidnapping, or the use of a firearm or knife in the commission of or attempt to commit certain offenses.
Referred to the Committee on Special Judiciary.
HB 213. By Representatives Irwin of the 57th and Oliver of the 53rd:
A bill to amend Code Section 37-3-122 of the Official Code of Georgia Annotated, relating to payment of expenses incurred in connection with mental health hearings, so as to provide that if a judge or an attorney on staff of the probate court conducts a mental health hearing for an out-of-county patient, the county of residence of the patient shall reimburse the expenses of the county holding the hearing.
Referred to the Committee on Judiciary.
HB 214. By Representative Kingston of the 125th:
A bill to amend Code Section 43-34-103 of the Official Code of Georgia Annotated, relating to the employment of physician's assistants, so as to allow anesthesiologists to sponsor and supervise up to four physician's assistants.
Referred to the Committee on Health & Ecology.
HB 215. By Representatives Thomas of the 69th, Chambless of the 133rd and Groover of the 99th:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to the administration of courts of record, so as to permanently create the Georgia Courts Automation Commission.
Referred to the Committee on Judiciary.
THURSDAY, JANUARY 17, 1991
143
HB 216. By Representatives Thomas of the 69th, Cummings of the 17th, Dixon of the 128th, Selman of the 32nd and Stancil of the 66th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service.
Referred to the Committee on Retirement.
HB 217. By Representatives Brown of the 88th, Smyre of the 92nd and Martin of the 26th:
A bill to amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to delete provisions requiring the promulgation and review of the Georgia Hazardous Chemical List.
Referred to the Committee on Industrial Relations.
HB 218. By Representatives Alford of the 57th, Oliver of the 53rd and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to provide for the preparation, filing, availability, and public notice of the Authority's annual report and certain listings.
Referred to the Committee on State Planning & Community Affairs.
HB 219. By Representatives Alford of the 57th, Oliver of the 53rd and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to provide clarification of the jurisdiction granted to the Authority's security and police force and to provide for qualifications and powers and grant immunity to officers of such force.
Referred to the Committee on State Planning & Community Affairs.
HB 220. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 15-2-4 of the Official Code of Georgia Annotated, relating to place of sessions and terms of the Supreme Court, so as to change a motion for a rehearing to a motion for reconsideration.
Referred to the Committee on Judiciary.
HB 221. By Representatives Alford of the 57th, Oliver of the 53rd and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to provide that the interest income from certain reserve funds may be used to pay operating costs until June 30, 1994.
Referred to the Committee on State Planning & Community Affairs.
144
JOURNAL OF THE HOUSE,
HB 222. By Representatives Ware of the 77th, Griffin of the 6th, Ricketson of the 82nd, Lawson of the 9th, Kingston of the 125th and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that employers providing workers' compensation benefits shall be subrogated to the rights of injured employees or those entitled to recover on behalf of an injured or deceased employee against thirdparty tort-feasors.
Referred to the Committee on Judiciary.
HB 223. By Representatives Campbell of the 23rd, Williams of the 90th, Hammond of the 20th, Stephens of the 68th, Hightower of the 36th and others:
A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how materialmen's and mechanics' liens are declared and created, so as to provide that a party claiming a lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed within 14 days after the filing of such action.
Referred to the Committee on Special Judiciary.
HB 224. By Representatives Pettit of the 19th, Holmes of the 28th and Dunn of the 73rd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to revise certain educational requirements for real estate licenses; to revise the qualifications for the issuance of real estate licenses to nonresidents who are licensed in another state.
Referred to the Committee on Industry.
HB 225. By Representatives Smith of the 152nd, Barnett of the 59th, Dover of the llth, Lee of the 72nd, Heard of the 43rd and others:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change certain exemptions.
Referred to the Committee on Education.
HB 226. By Representatives Oliver of the 53rd, Thomas of the 69th, Chambless of the 133rd, Poston of the 2nd, Pettit of the 19th and others:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to revise and replace the laws relating to nonprofit corporations.
Referred to the Committee on Judiciary.
HB 227. By Representatives Poston of the 2nd, Dunn of the 73rd, Thurmond of the 67th, Parrish of the 109th, Walker of the 115th and others:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline.
Referred to the Committee on Industry.
THURSDAY, JANUARY 17, 1991
145
HB 228. By Representative Brown of the 88th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to the insurance contract in general, so as to provide that all insurance contracts of accident and sickness insurance shall provide that such reimbursements are payable regardless of whether such services are rendered by a doctor of medicine or such certified registered nurse anesthetist, certified nurse practitioner, or certified nurse midwife.
Referred to the Committee on Insurance.
HB 229. By Representatives Brown of the 88th, McKinney of the 40th and Lucas of the 102nd:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to campaign contribution disclosure reports, so as to provide that a candidate who has no opposition shall only be required to make the initial and final disclosure report, irrespective of the amount of contributions received.
Referred to the Committee on Governmental Affairs.
HB 230. By Representatives Davis of the 29th and McKinney of the 35th:
A bill to amend Article 4 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the contracting power of the Department of Transportation, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to set goals for participation by minority business enterprises in state contracts and contracts of state authorities and commissions.
Referred to the Committee on Transportation.
HB 231. By Representatives Davis of the 29th and McKinney of the 35th:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities to employ security personnel, to be known as housing authority police.
Referred to the Committee on Public Safety.
HB 232. By Representatives Snow of the 1st, McCoy of the 1st, Meadows of the 91st, Perry of the 5th, Langford of the 7th and others:
A bill to amend Chapter 69 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Mutual Aid Act," so as to authorize counties and municipalities in this state to enter into contracts and mutual aid agreements with counties or municipalities of any other state or with any agency of the United States for the provision of law enforcement services in a local emergency to the extent that the laws of such other state or the United States permit such joint contracts or agreements to furnish one another assistance in law enforcement.
Referred to the Committee on Public Safety.
146
JOURNAL OF THE HOUSE,
HB 233. By Representatives Dixon of the 151st, Dover of the llth, Walker of the 115th, Smith of the 156th and Coleman of the 118th:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the ad valorem taxation of property, so as to provide that restrictions or limitations on the use of land resulting from state or federal law or rules or regulations adopted pursuant thereto shall be considered in determining fair market value.
Referred to the Committee on Ways & Means.
HB 234. By Representative Edwards of the 112th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by an elementary or secondary school or by a club, organization, or group sponsored by or associated with an elementary or secondary school.
Referred to the Committee on Ways & Means.
HB 235. By Representatives Snow of the 1st, Lane of the lllth, Mobley of the 64th, McCoy of the 1st, Meadows of the 91st and others:
A bill to amend Chapter 5 of Title 45 of the Official Code of Georgia Annotated, relating to vacation of office, so as to provide for appointments to fill vacancies in the governing bodies of political subdivisions of this state notwithstanding that the remaining members of such bodies do not constitute a quorum.
Referred to the Committee on Governmental Affairs.
HB 236. By Representatives Hamilton of the 124th, Bordeaux of the 122nd, Pelote of the 127th, Merritt of the 123rd, Dixon of the 128th and others:
A bill to amend an Act creating the Chatham-Savannah Youth Futures Authority, so as to provide for additional members of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 237. By Representatives Clark of the 20th (Post 3), Clark of the 20th (Post 4), Vaughan of the 20th, Hammond of the 20th and Mills of the 20th:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to provide for special elections to approve or reject certain expenditures.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 238. By Representatives Birdsong of the 104th, Jenkins of the 80th and Moody of the 153rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the indemnification of certain persons killed or permanently disabled in the line of duty, so as to provide for the indemnification of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991.
Referred to the Committee on Appropriations.
THURSDAY, JANUARY 17, 1991
147
HB 239. By Representatives Brooks of the 34th, Williams of the 54th, Stanley of the 33rd, McKinney of the 35th, Canty of the 38th and others:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to repeal Code Section 15-6-4.1, relating to the election of judges of the superior courts; to provide for the appointment of such judges by the Governor.
Referred to the Committee on Judiciary.
HB 240. By Representatives Snow of the 1st, Groover of the 99th, Mobley of the 64th, Meadows of the 91st, McCoy of the 1st and others:
A bill to amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecution, so as to provide that certain periods shall be excluded in determining the period within which a prosecution for certain offenses must be commenced.
Referred to the Committee on Special Judiciary.
HB 241. By Representatives Lord of the 107th, Poston of the 2nd, Breedlove of the 60th, Wall of the 61st, Barfoot of the 120th and others:
A bill to amend Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, so as to provide that the governing authority of each county shall establish a local organization for emergency management; to authorize cities to establish local organizations for emergency management.
Referred to the Committee on Defense & Veterans Affairs.
HR 102. By Representatives Pettit of the 19th, Thomas of the 69th and Moultrie of the 93rd:
A resolution proposing an amendment to the Constitution so as to provide for the nonpartisan election of probate court judges.
Referred to the Committee on Judiciary.
HR 103. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Adairsville.
Referred to the Committee on State Institutions & Property.
HR 104. By Representative Pettit of the 19th:
A resolution compensating Conestoga Management, Inc., L. F. Heilman, President.
Referred to the Committee on Appropriations.
HR 105. By Representatives Lord of the 107th, Breedlove of the 60th, Wall of the 61st, Barfoot of the 120th, Clark of the 20th (Post 3) and others:
A resolution applying to the Congress of the United States to call a convention for the purpose of proposing an amendment to the Constitution of the United States with respect to certain disrespectful acts involving the flag of the United States or the flags of the several states.
Referred to the Committee on Defense & Veterans Affairs.
148
JOURNAL OF THE HOUSE,
HR 106. By Representatives Lord of the 107th, Poston of the 2nd, Breedlove of the 60th, Wall of the 61st, Barfoot of the 120th and others:
A resolution proposing an amendment to the Constitution so as to create a Disaster Emergency Relief Fund from which funds may be disbursed by the Governor only to carry out emergency powers and in order to receive matching federal funds after a disaster has been declared by the President of the United States; to provide for appropriations and other payments to the fund.
Referred to the Committee on Appropriations.
HR 107. By Representative Wilder of the 21st: A resolution compensating Ms. Wilma G. Hargus.
Referred to the Committee on Appropriations.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 119 HB 121
HB 122 HB 123 HB 124
HB 125 HB 126 HB 127
HB 128 HB 129
HB 130 HB 131
HB 132 HB 133
HB 134 HB 135 HB 136
HB 137 HB 138
HB 139
HB 140 HB 141
HB 142 HB 143 HB 144
HB 145 HB 146
HB 147 HB 148
HB 149 HB 150
HB 151 HB 152
HB 153 HB 154
HB 155 HB 156 HB 157
HB 158 HB 159 HB 160
HB 161 HB 162
HB 163 HB 164
HB 165 HB 166
HB 167 HB 168 HB 169
HB 170 HB 171
HB 172
HB 173 HB 174
HB 175 HB 176 HB 177
HR 73 HR 74
HR 75 HR 76
HR 77 HR 78
HR 79 HR 80
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
THURSDAY, JANUARY 17, 1991
149
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 2 Do Pass
Respectfully submitted, /s/ Childers of the 15th
Chairman
Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 91 Do Pass
Respectfully submitted, /s/ Ware of the 77th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 68 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House:
HR 53. By Representatives Jamieson of the llth and Dover of the llth:
A resolution commending Tom Arrendale, Jr., and designating the Tom Arrendale, Jr., Intersection.
HR 72. By Representatives Wilder of the 21st, Lord of the 107th, Clark of the 20th, Adams of the 79th, Hanner of the 131st and McKelvey of the 15th:
A resolution expressing support for the men and women in the Georgia Army National Guard and Georgia Air National Guard; commending Major General Joseph W. Griffin; recognizing Major General Jerry D. Sanders.
150
JOURNAL OF THE HOUSE,
HR 81. By Representatives Walker of the 115th and Murphy of the 18th:
A resolution amending HR 8 so as to change the time of the joint session to be held on Friday, January 18, 1991, for the purpose of hearing a message from the Governor.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Judiciary and referred to the Committee on Retirement:
HB 168. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the O.C.G.A..
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 43. By Representative Clark of the 20th (Post 3):
A resolution commending and recognizing the members of the Silver-Haired Legislature and inviting the presiding officers to appear before the House of Representatives.
The Speaker announced the House in recess until 10:45 A.M., o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to SR 6 having arrived, the Senate
appeared upon the floor of the House and the Joint Session, convened for the purpose of recognizing and honoring William Porter "Billy" Payne, Andrew Young, Ginger Watkins, Linda Stephenson, Doug Gatlin, Elizabeth Clement, Horace Sibley, Charlie Battle, Charlie
Shaffer, Bobby Rearden, Peter Chandler, Cindy Fowler, Morris Dillard, Jack Pinkerton and Jim Davis for their special contributions in securing Atlanta's designation as the host
city for the 1996 Olympic Games, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard.
The Resolution calling for the Joint Session was read:
Accompanied by the Committee of Escort and other distinguished guests, the honorees appeared upon the floor of the House and Mr. William Porter "Billy" Payne addressed the Joint Session.
Senator Garner of the 30th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.
The Speaker called the House to order.
Representative McKinney of the 40th arose to a point of personal privilege and addressed the House.
THURSDAY, JANUARY 17, 1991
151
Representative Lawrence of the 49th arose to a point of personal privilege and addressed the House.
Representative Clark of the 20th (Post 3) arose to a point of personal privilege and addressed the House.
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 85. By Representatives Coleman of the 118th, Walker of the 115th, Adams of the 79th, Murphy of the 18th and Parrish of the 109th
A BILL
To Amend an Act providing appropriations for State Fiscal Year 1990-1991 known as the "General Appropriations Act" approved April 17, 1990 (Ga. L. 1990, p. 2338) in order to make and provide additional appropriations totaling $20,066,000 to permit the State to issue no more than $200,660,000 of general obligation debt; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1990-1991, as amended, known as the "General Appropriations Act" approved April 17, 1990 (Ga. L. 1990, p. 2338) is further amended by creating a new Section 84 which appropriated funds from the mid-year adjustment reserve to the General Obligation Debt Sinking Fund (New) and reads as follows:
"Section 84. In addition to the appropriation in Section 44 of this General Appropriations Act for State Fiscal Year 1990-1991, for "State of Georgia General Obligation Debt Sinking Fund (New)," the sum of $20,066,000 is appropriated to the State of Georgia General Obligation Debt Sinking Fund (New) from the mid-year adjustment reserve to permit the issuance of no more than $200,660,000 of general obligation debt. The particular maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $5,000,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $50,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $300,000 is specifically appropriated for the State Board of Education for the purpose of financing educational facilities for county and independent school systems, including but not necessarily, for the unpaid-for portions of those certain projects of the systems which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $240,000 is specifically appropriated for the State
152
JOURNAL OF THE HOUSE,
Board of Education for the purpose of financing certain public library facilities for county and independent school systems counties , municipalities, and boards of trustees of public library systems, including but not necessarily, for the un-paid-for portions of those certain projects of the systems which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $500,000 is specifically appropriated for the purpose of financing the construction of facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $900,000 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $9,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,260,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, for the unpaid-for portions of those certain projects of the Board which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990, through the issuance of not more than $12,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $140,000 is specifically appropriated for the purpose of financing facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,000,000 is specifically appropriated for the purpose of financing a program of Developmental Highways and four-lane and passing-lane
THURSDAY, JANUARY 17, 1991
153
construction for the Department of Transportation, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $40,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $7,726,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $77,260,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Walker of the 115th asked that unanimous consent be given that Rule 59 requiring "All appropriation bills shall be considered in the Committee of the Whole House.", be waived.
By unanimous consent, Rule 59 was waived.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrel) Y Carter Y Chafm
Y Chambless Cheeks
Y Childers
Y Clark.E Y Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings.B
Y Cummings,M Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane.R Y Langford
Y Lawrence Y Lawson
YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Y Mills
Y Mobley Y Moody
Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston
Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Smith.T Smith.W
Y Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
154
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 163, nays 1. The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, HB 85 was ordered immediately transmitted to the Senate.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 111. By Representatives Smith of the 78th, Parham of the 105th, Birdsong of the 104th, Adams of the 79th, Jenkins of the 80th and others:
A resolution commending the members and sponsors of the Georgia Chapters of the Future Homemakers of America/Home Economics Related Occupations (FHA/HERO) youth service organization and proclaiming February 7, 1991, as FHA/HERO Day at the state capitol.
HR 112. By Representative Poag of the 3rd:
A resolution commending Evander Holyfield, the Undisputed Heavyweight Champion of the World and inviting him to appear before the House of Representatives.
HR 113. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th, Heard of the 43rd, Alford of the 57th and others:
A resolution commending head football coach Bobby Ross and the Georgia Tech national championship football team and inviting the head coach and members of the team to appear before the House of Representatives.
The following Resolution of the House was read and referred to the Committee on Natural Resources:
HR 114. By Representatives Hamilton of the 124th, Dixon of the 128th, Oliver of the 121st, Pelote of the 127th, Mueller of the 126th and others:
A resolution urging the Congress of the United States to mandate certain changes in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
The following Resolution of the House was read and referred to the Committee on Judiciary:
HR 115. By Representative Cummings of the 134th:
A resolution creating the House Disparity in Sentencing and Sentencing Reform Committee.
Representative Holmes of the 28th District, Chairman of the Committee on Governmental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
THURSDAY, JANUARY 17, 1991
155
HB 195 Do Pass HB 196 Do Pass
Respectfully submitted, /s/ Holmes of the 28th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec-
ommendations:
HB 29 Do Pass HB 117 Do Pass HB 118 Do Pass
HB 125 Do Pass HB 167 Do Pass, as Amended HB 170 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
156
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Friday, January 18, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Dan M. Garrett, Minister of Youth, Mount Carmel Christian Church, Stone Mountain, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 242. By Representative Cummings of the 134th: A bill to amend Article 1 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances in general, so as to provide that any law enforcement officer or prison guard who commits or conspires to commit any offense defined in Article 2 or Article 3 of Chapter 13 of Title 16 shall be guilty of a felony.
Referred to the Committee on Judiciary.
HB 243. By Representatives Adams of the 79th, Barnett of the 59th and Stancil of the 8th: A bill to amend Code Section 16-5-45 of the Official Code of Georgia Annotated, relating to the crime of interference with custody, so as to define the crime of interference with visitation rights.
Referred to the Committee on Special Judiciary.
FRIDAY, JANUARY 18, 1991
157
HB 244. By Representatives Cummings of the 134th and Chambless of the 133rd:
A bill to amend Code Section 42-5-64 of the Official Code of Georgia Annotated, relating to educational programs for prisoners, so as to provide that prisoners who test below the fifth-grade level on standardized reading tests and who are incarcerated for a period of six months or longer shall be required to attend educational instruction.
Referred to the Committee on State Institutions & Property.
HB 245. By Representatives Jackson of the 9th, Parham of the 105th, Harris of the 84th and Barnett of the 10th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, equipment and inspection of motor vehicles, reporting of accidents, prosecution of traffic offenses, and the use of radar speed detection devices.
Referred to the Committee on Motor Vehicles.
HB 246. By Representatives Felton of the 22nd and Townsend of the 24th: A bill to incorporate the City of Sandy Springs in Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 247. By Representatives Parham of the 105th, Murphy of the 18th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons who may not be issued a driver's license, so as to provide for issuance of a restricted learner's permit to certain persons 14 years of age.
Referred to the Committee on Motor Vehicles.
HB 248. By Representatives Cummings of the 134th, Holmes of the 28th, Hightower of the 36th, Brooks of the 34th, McKinney of the 40th and others:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, so as to provide that the Department of Corrections shall conduct random periodic unannounced testing for controlled substance, marijuana, and alcohol abuse by any inmate or personnel of a penal institution.
Referred to the Committee on State Institutions & Property.
HB 249. By Representatives Cummings of the 134th, Holmes of the 28th, Hightower of the 36th, Brooks of the 34th, McKinney of the 40th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures under the "Georgia Controlled Substances Act," so as to require counties and municipal corporations to allocate 30 percent of all money, currency, or proceeds from forfeited property vesting in such counties or municipal corporations for rehabilitation for indigent drug abusers.
Referred to the Committee on Judiciary.
158
JOURNAL OF THE HOUSE,
HB 250. By Representatives Harris of the 84th, Royal of the 144th and Godbee of the 110th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide for additional information required to be published by the governing authority of each county prior to the establishment of the millage rate.
Referred to the Committee on Ways & Means.
HB 251. By Representatives Randall of the 101st, Bostick of the 138th, Irwin of the 57th and Turnquest of the 56th:
A bill to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to descent and distribution of deceased's estates, so as to provide that a child or children born out of wedlock may inherit from or through the father under certain conditions; to provide that the father and other paternal kin may inherit from or through a child born out of wedlock under certain conditions.
Referred to the Committee on Special Judiciary.
HB 252. By Representatives Simpson of the 70th and Hamilton of the 124th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to establish the Georgia Commission on Public Education Progress.
Referred to the Committee on Education.
HB 253. By Representatives Wilder of the 21st and Aiken of the 21st:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to repeal Code Section 16-13-2, relating to conditional discharge for possession of controlled substances as a first offense and dismissal of charges, so as to provide that any person who is found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or hallucinogenic drug shall not be entitled to first offender status.
Referred to the Committee on Judiciary.
HB 254. By Representatives Ricketson of the 82nd, Green of the 106th and Mobley of the 64th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to provide that it shall be unlawful for any person to possess an open container of an alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle.
Referred to the Committee on Regulated Beverages.
HB 255. By Representative Goodwin of the 63rd:
A bill to amend Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to eligibility and qualifications for public office, so as to provide that a public employee who commits a certain drug related felony after a certain date shall not be eligible to serve as a public employee after the date of final conviction.
Referred to the Committee on Governmental Affairs.
FRIDAY, JANUARY 18, 1991
159
HB 256. By Representative Reaves of the 147th:
A bill to amend Article 2 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to certified public weighers, so as to repeal the provisions of Code Section 10-2-44, relating to surety bonds of certified public weighers; to amend Code Section 10-2-50, relating to weighing leaf tobacco and livestock, so as to correct a reference.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 257. By Representatives Carrell of the 65th, Harris of the 84th, Godbee of the 110th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to specify additional duties of the county board of tax assessors in the event certain valuations are changed on appeals to the county board of equalization.
Referred to the Committee on Ways & Means.
HB 258. By Representative Stephens of the 68th:
A bill to amend Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to when evidence obtained in using speed detection devices is admissible, so as to change certain restrictions regarding use of speed detection devices on hills.
Referred to the Committee on Judiciary.
HB 259. By Representatives Stephens of the 68th and Jones of the 71st:
A bill to amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, so as to expand applicability of the statute of limitations on such actions to violations of building set-back lines.
Referred to the Committee on Judiciary.
HB 260. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for an additional annual renewal fee for certain special and prestige license plates.
Referred to the Committee on Motor Vehicles.
HB 261. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the holding of the 1996 Olympic Games in the City of Atlanta and the State of Georgia.
Referred to the Committee on Motor Vehicles.
160
JOURNAL OF THE HOUSE,
HB 262. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Hamilton of the 124th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to change the provisions relative to the automatic repeal of said Chapter 10.
Referred to the Committee on Industry.
HB 263. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of Georgia income taxation, so as to provide a credit against income taxes otherwise due to certain employers who provide certain basic skills education to certain employees.
Referred to the Committee on Ways & Means.
HB 264. By Representative Twiggs of the 4th:
A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the equalization of assessments of property for ad valorem tax purposes, so as to provide that county property appraisal staff and members of county boards of tax assessors may go upon property outside of buildings to carry out the duty of making appraisals of the fair market value of taxable property.
Referred to the Committee on Ways & Means.
HB 265. By Representative Cummings of the 17th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to eligibility for membership in the Teachers Retirement System of Georgia, so as to provide that persons employed for the first time by the Professional Practices Commission on or after July 1, 1992, and who are members of the Teachers Retirement System of Georgia shall remain members of such system unless such persons elect to become members of the Employees' Retirement System of Georgia.
Referred to the Committee on Retirement.
HB 266. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Annotated, relating to the preferential tax assessment for tangible real property devoted to bona fide agricultural purposes, so as to change certain provisions relating to the beginning date of a covenant period.
Referred to the Committee on Ways & Means.
HB 267. By Representative Childers of the 15th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to authorize the Georgia Board of Dentistry to require continuing education programs for persons licensed or certified as dentists under such chapter.
Referred to the Committee on Health & Ecology.
FRIDAY, JANUARY 18, 1991
161
HB 268. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Hamilton of the 124th:
A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying and representation by agents in the General Assembly, so as to require persons representing departments, boards, agencies, associations, commissions, councils, and other entities of state government to register with the Secretary of State.
Referred to the Committee on Rules.
HB 269. By Representative Childers of the 15th:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisons relating to certificates of birth for adoptees born outside the state; to change the provisions relating to new certificates of birth following adoption or legitimation.
Referred to the Committee on Health & Ecology.
HB 270. By Representative Pettit of the 19th:
A bill to amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia by district attorneys and certain other persons, so as to authorize membership in system of certain professional, clerical, and administrative personnel who are employed by a district attorney of this state for the purpose of enforcing the provisions of Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act'.
Referred to the Committee on Retirement.
HB 271. By Representative Pettit of the 19th:
A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the provisions relating to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device.
Referred to the Committee on Judiciary.
HB 272. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to change the definition of the terms "fire protection sprinkler system" and "water-spray system"; to provide that the installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be performed only by a utility contractor or fire protection sprinkler contractor.
Referred to the Committee on Industry.
HB 273. By Representative Childers of the 15th:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change who certifies certain reports and certificates to county treasurers; to change the provisions relating to registration of births; to change the provisions relating to registration of delayed certificates of birth.
Referred to the Committee on Health & Ecology.
162
JOURNAL OF THE HOUSE,
HB 274. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Patten of the 149th, Poston of the 2nd and others:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Environmental Advisory Council.
Referred to the Committee on Natural Resources & Environment.
HB 275. By Representatives Abernathy of the 39th, Groover of the 99th, Randall of the 101st, Walker of the 115th, Redding of the 50th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to prohibit smoking by students on public school property and school buses; to provide an exception for persons enrolled in an adult general education program.
Referred to the Committee on Education.
HB 276. By Representatives Abernathy of the 39th, Childers of the 15th, Groover of the 99th, Lee of the 72nd, Redding of the 50th and others:
A bill to amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide that the Department of Human Resources shall develop criteria for assuring priority in admissions to drug dependent pregnant females.
Referred to the Committee on Health & Ecology.
HB 277. By Representatives Abernathy of the 39th, Randall of the 101st, Smyre of the 92nd, Townsend of the 24th and Lupton of the 25th:
A bill 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 require persons to keep firearms in a locked container or in another reasonably secure manner.
Referred to the Committee on Special Judiciary.
HB 278. By Representatives Abernathy of the 39th, Randall of the 101st, Smyre of the 92nd, Martin of the 26th, Townsend of the 24th and others:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, so as to regulate the sale of pistols and revolvers.
Referred to the Committee on Special Judiciary.
HB 279. By Representatives Dunn of the 73rd, Pinkston of the 100th, Childers of the 15th, Groover of the 99th, Connell of the 87th and others:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to prohibit certain provisions relating to the utilization and reimbursement of out-of-state mail order pharmacies in group or blanket accident and sickness insurance policies or preferred provider arrangements under such policies.
Referred to the Committee on Insurance.
FRIDAY, JANUARY 18, 1991
163
HB 280. By Representatives Pettit of the 19th and Watson of the 114th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities, so as to add a new Chapter 3A requiring integrated resource planning by electric utilities.
Referred to the Committee on Industry.
HB 281. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to certain exceptions to the prohibitions against gambling, so as to provide that such prohibitions against gambling shall not apply to certain games or devices.
Referred to the Committee on Industry.
HB 282. By Representative Lane of the 27th:
A bill to amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to the use of seat safety belts in passenger vehicles, so as to provide that a person who fails to comply with certain provisions relating to the use of seat safety belts and who is also charged with violating any provision of Chapter 6 of Title 40 or of violating any lawful ordinance adopted by a local governing authority regulating the operation of motor vehicles shall be guilty of the offense of failure to wear a seat safety belt.
Referred to the Committee on Motor Vehicles.
HB 283. By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th, Harris of the 84th, Barnett of the 10th and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for current use valuation and taxation of bona fide conservation use property and bona fide residential transitional property; to provide for the ad valorem taxation of timber.
Referred to the Committee on Ways & Means.
HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1990-1991.
Referred to the Committee on Appropriations.
HB 285. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992.
Referred to the Committee on Appropriations.
164
JOURNAL OF THE HOUSE,
HB 286. By Representatives Coleman of the 118th, Murphy of the 18th, Connell of the 87th, Colwell of the 4th, Walker of the 115th and others:
A bill to provide supplementary appropriations to the Georgia General Assembly for the State Fiscal Year ending June 30, 1992, for operating expenses.
Referred to the Committee on Appropriations.
HB 287. By Representatives Greene of the 130th, Edwards of the 112th, Holmes of the 28th and Canty of the 38th:
A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, known as the "Georgia Municipal Training Act," so as to designate existing Code sections as Article 1; to change the composition of the board of directors of the Georgia Municipal Training Institute.
Referred to the Committee on State Planning & Community Affairs.
HB 288. By Representatives Buck of the 95th and Colwell of the 4th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, so as to provide for notification by an institution or facility to a state or local law enforcement agency if such agency is transporting a patient or inmate who has been diagnosed as having an infectious or communicable disease.
Referred to the Committee on State Institutions & Property.
HR 108. By Representatives Jackson of the 9th, Lawson of the 9th, Orr of the 9th, Breedlove of the 60th, Hamilton of the 124th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a source of revenue other than ad valorem taxes for local school systems by authorizing the county governing authorities to impose a special 1 percent sales and use tax for educational purposes.
Referred to the Committee on Ways & Means.
HR 109. By Representative Adams of the 79th: A resolution compensating Mr. Gary J. Daniel.
Referred to the Committee on Appropriations.
HR 110. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A resolution urging the United States Department of the Interior, through the National Park Service rivers and trails conservation assistance program, to assist in the completion of a comprehensive assessment of Georgia's rivers.
Referred to the Committee on Natural Resources & Environment.
HR 116. By Representative Lane of the 27th:
A resolution .creating the House Local Government Licenses and Permits Study Committee.
Referred to the Committee on Rules.
FRIDAY, JANUARY 18, 1991
165
HR 119. By Representative Orrock of the 30th: A resolution compensating Mr. Keith Stephen Marks.
Referred to the Committee on Appropriations.
By unanimous consent, the rules were suspended in order that the following Bills and
Resolutions of the House could be introduced, read the first time and referred to the committees:
HB 289. By Representative Oliver of the 53rd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs for protection of children, so as to change the persons who may have access to records regarding child abuse reports and change the conditions relating to such access.
Referred to the Committee on Judiciary.
HB 290.
By Representatives Lawson of the 9th and Bostick of the 138th:
A bill to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the fees of the clerks of the superior courts, the amount thereof, and the collection thereof.
Referred to the Committee on Judiciary.
HB 291. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th and Irwin of the 57th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change the conditions under which volunteers of fire departments, law enforcement agencies, emergency management or civil defense organizations, emergency medical services, or rescue organizations and persons certified as medical first responders may be covered employees.
Referred to the Committee on Public Safety.
HB 292. By Representative Reaves of the 147th:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to enact the "Equine Activities Immunity Act".
Referred to the Committee on Agriculture & Consumer Affairs.
HB 293. By Representatives Watson of the 114th and Byrd of the 153rd:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges with respect to retail installment contracts and the provision for attorneys' fees, court costs, and check dishonor fees with respect to retail installment contracts and revolving accounts, so as to provide for the amount of such charges.
Referred to the Committee on Industry.
166
JOURNAL OF THE HOUSE,
HB 294. By Representatives Bates of the 141st and Long of the 142nd:
A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and creating in lieu thereof the office of Tax Commissioner of Decatur County, so as to change the compensation of the Tax Commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 295. By Representatives Byrd of the 153rd, Lee of the 72nd, Dobbs of the 74th, Lane of the 27th, Dunn of the 73rd and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors may require applicants for renewal of licenses to have completed subsequent to the date the last licenses were issued a certain number of hours of continuing professional education relating to conditioned air contracting.
Referred to the Committee on Industry.
HB 296. By Representatives Teper of the 46th, Alford of the 57th, Sherrill of the 47th, Irwin of the 57th, Redding of the 50th and others:
A bill to amend Code Section 47-20-10 of the Official Code of Georgia Annotated, relating to minimum employer contributions to retirement systems under the "Public Retirement Systems Standards Law," so as to provide that prefunding anticipated future costs of providing health care benefits for retired employees shall not be subject to such minimum funding requirements.
Referred to the Committee on Retirement.
HB 297. By Representative Barnett of the 59th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain definitions; to provide for assessment of convicted drivers under both a First Offender DUI Alcohol or Drug Use Risk Reduction Program and a Second Offender DUI Alcohol or Drug Use Risk Reduction Program.
Referred to the Committee on Motor Vehicles.
HB 298. By Representatives Watson of the 114th, Watts of the 41st, Henson of the 57th and Williams of the 48th:
A bill to amend Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally, so as to require a law enforcement officer to make an arrest in situations where the officer has probable cause to believe that an act of family violence which constitutes a felony, the offense of battery, or the offense of false imprisonment has been committed or that a person has violated the provisions of a protective order for which a criminal penalty is provided.
Referred to the Committee on Judiciary.
FRIDAY, JANUARY 18, 1991
167
HB 299. By Representatives Brooks of the 34th, Cummings of the 134th, McKinney of the 35th, Stanley of the 33rd and White of the 132nd:
A bill to amend Article 3 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the power of the Governor to make appointments and fill vacancies, so as to provide for a Judicial Nominating Commission to assist and counsel the Governor on appointments to certain judicial vacancies.
Referred to the Committee on Judiciary.
HB 300. By Representative Barnett of the 59th:
A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving with a suspended or revoked license, so as to provide for an increase in penalties.
Referred to the Committee on Motor Vehicles.
HB 301. By Representatives White of the 132nd, Aiken of the 21st, Thurmond of the 67th, Thomas of the 31st, Barnett of the 59th and others:
A bill to amend Code Section 20-3-250.6 of the Official Code of Georgia Annotated, relating to minimum standards for nonpublic postsecondary educational institutions, so as to require all proprietary schools to place at least 75 percent of their graduates in fields for which they are trained.
Referred to the Committee on Education.
HB 302. By Representative Hamilton of the 124th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Georgia Children and Youth Overview Committee.
Referred to the Committee on Rules.
HB 303. By Representatives Smyre of the 92nd, McKelvey of the 15th, Martin of the 26th, Dover of the llth, Oliver of the 53rd and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations so as to revise comprehensively Chapter 8 of said title, known as the "Employment Security Law".
Referred to the Committee on Industrial Relations.
HB 304. By Representatives Holmes of the 28th, McKinney of the 40th, White of the 132nd, McKinney of the 35th, Brooks of the 34th and others:
A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor and industrial relations, so as to prohibit any person, firm, or corporation who is convicted of any act of discrimination which constitutes a violation of any provision of this title from entering into certain contracts with this state.
Referred to the Committee on Judiciary.
168
JOURNAL OF THE HOUSE,
HB 305. By Representatives Holmes of the 28th, McKinney of the 40th, White of the 132nd, McKinney of the 35th, Brooks of the 34th and others:
A BILL to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to service cancelable educational loans, so as to provide for service cancelable educational loans for minority mathematics or science teachers.
Referred to the Committee on Education.
HR 133. By Representative Ray of the 98th:
A resolution consenting to the annexation of certain state owned real property located in Peach County into the corporate limits of the City of Byron.
Referred to the Committee on State Institutions and Property.
HR 134. By Representative Alford of the 57th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a source of revenue other than ad valorem taxes for local school systems by authorizing the county governing authorities to impose a special 1 percent sales and use tax for capital outlay projects for educational purposes.
Referred to the Committee on Ways & Means.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 178
HB 179 HB 180 HB 181 HB 182 HB 183 HB 184 HB 185 HD 186
HR 187
HTnToBTJ 1IlQo8Qs8 HnRo i1oOTnJ
UR 1Q1
HtlD R
HnD R
TJTJ Mb
HR
HR
HB
tlD
HB
i\M Si
11(O
1Q/( 194
1Q*
1M
197
l!7/
198
HHHBBB 221009109 HB 202 HB 203 HB 204 HB 205 HB 206
HB 207
HB 208 HB 209 HB 210
HB 211 HB 212 HB 213
JJR 214 TJR 01 &
Ht5 Z15
HTTnIJtTTBs}J 2oO'1'1nf6il TTD 01 Q
nD * L*i
HB TTTJ
"TTTJ
flD TJTJ
""
20021
00'0
Hi OOq
'*"
HB 224
HB 225
TTi
OOC
225
HHBRB I2222f89 HB 230 HB 231 HB 232 HB 233 HB 234
FRIDAY, JANUARY 18, 1991
169
HB 235 HB 236 HB 237
HB 238 HB 239 HB 240 HB 241
HR 102 HR 103 HR 104
HR 105 HR 106 HR 107
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 127 Do Pass HB 171 Do Pass HB 172 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 127. By Representatives Jamieson of the llth and Dover of the llth:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Stephens County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 171. By Representative Greene of the 130th: A bill to create a board of commissioners of Webster County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 172. By Representative Yeargin of the 14th:
A bill to amend an Act incorporating the City of Carlton, so as to change the time of election and terms of office of the mayor and councilman and change the provisions relating to vacancies.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
170
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Ladd of the 44th arose to a point of personal privilege and addressed the House.
Representative Poag of the 3rd arose to a point of personal privilege and addressed the House.
The following Resolution of the House was read:
HR 118. By Representatives Heard of the 43rd, Murphy of the 18th, Walker of the 115th, Lupton of the 25th, Groover of the 99th and others:
A resolution expressing support of President Bush in his handling of the Persian Gulf crisis.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafln Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cumrmngs,B
Cummings,M Davis.G Y Davis.M Y Dixon,H Y Dixon,S Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard
Y Henson
Y Herbert Hightower
Y Holland Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann
Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt
Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y 01iver,M YOrr Y Crock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston Y Powell,A
Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith,L
Y Smith,P Smith.T
Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend N Turnquest YTwiggs N Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Williams.R Y Yeargin
Y Murphy,Spkr
On the adoption of the Resolution, the ayes were 152, nays 3. The Resolution was adopted.
Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time:
FRIDAY, JANUARY 18, 1991
171
HR 15. By Representative Lane of the 27th:
A resolution ratifying the alteration of regional development center boundaries established by the Board of Community Affairs.
The following amendment was read and adopted:
Representative Lane of the 27th moves to amend HR 15 as follows: On Page 1, line 18 strike "September 12, 1990" and insert "July 1, 1991".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the ayes were 115, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
The Speaker announced the House in recess until 10:45 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 8 as amended by HR 81 hav-
ing arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His
Excellency, Governor Zell Miller, appeared upon the floor of the House and delivered the following address:
In my inaugural address on Monday, I laid before you the philosophy of the Miller Administration. In my State of the State address on Wednesday, I set forth the agenda for the Miller Administration.
The same promises that I reiterated throughout my campaign, the same philosophy I presented in my inaugural address, the same priorities I spelled out in my State of the State address, are now right here before you in this budget.
It is time for a new approach to managing our resources in Georgia. We need creative and innovative solutions to the problems we face.
We need a bureaucracy that is lean, and focuses its resources not on sustaining and enlarging itself, but on the delivery of services to the citizens of this state.
Times are tough and they are going to stay tough for a while. But I view this time of tight resources as an opportunity for change, and I hope you do too.
Despite the slumping economy, despite a federal government that addresses its deficit by shifting costs to the states, despite our longer-term slowing of revenue growth despite, or perhaps because of all of these things, we will work to meet the needs of Georgia's people through more efficient, and through more effective use of our resources.
We will do more, but we will do more with less.
172
JOURNAL OF THE HOUSE,
Let this be understood, I am not cutting simply because times are tough. I am shifting funds away from an overweight bureaucracy and into programs that provide important services to Georgia's citizens.
And as new resources become available, they will be used in new and creative ways. Not to restore the old cuts!
(GRIZZARD)
Today I recommend to you a budget for Fiscal Year 1992 that totals 7.9 billion dollars and is based on anticipated revenues of the same amount.
This figure represents an increase of just about one percent over the original budget we adopted a year ago for Fiscal Year 1991. That is negative growth it is not even enough to cover inflation.
There is a net spending increase of only 235 million dollars in this 1992 budget compared to my amended FY 91 budget. Add in 49 million dollars in even more spending reductions, and you get 284 million dollars in new money available for expenditure next year.
Now listen carefully, because this is important. I am talking about 284 million dollars total. Cost increases resulting from inflation, increases in the state's utility bills every increase of any sort has got to come from that 284 million dollars.
For you to understand the magnitude of the task I faced in putting this budget together, let me point out that our state agencies requested almost 2.2 billion dollars in increased spending for next year 2.2 billion dollars compared to the 284 million dollars we have available.
Ten days ago, I announced cuts of 247 million dollars in the budget for the present fiscal year. That money does not reappear in my budget for Fiscal Year 1992, and it will not appear, as I've said before, in any of my future budgets.
Ten days ago, I announced that I would abolish 2,000 positions that were vacant on December 15. Money for those positions does not appear in this budget, and will not appear in any of my future budgets.
Many state agencies will find that their major budget categories for Fiscal Year 92 are even less than they were in the original budget for 1991. Personal services will remain at the same level as my amended FY 91 budget, except for critical service areas like law enforcement, hospitals and prisons.
Let me make it clear: I am not just injecting a few new dollars into the same old budget pattern. I am rearranging priorities, I am shifting funds around, and I am focusing them on direct services in important program initiatives.
The numbers by agency and line item are in front of you in black and white, so I am not going to spend my time reiterating them. Instead, I want to talk about four program thrusts that are the focus of this budget.
First, you have heard me say countless times that education will be the cornerstone of my administration, and you can see it in the numbers today. Georgia's public schools get by far the largest portion of the new money in next year's budget some 103 million dollars in new money going into QBE and programs that directly affect students.
In line with my goal of downsizing state government while emphasizing direct services, we have made cuts in administrative overhead and in non-student related areas. But we have made great positive strides in providing instruction to students.
Throughout my campaign I spoke of the importance of educational opportunities for very young children, especially those who are at risk. This priority is reflected in several programs I am recommending:
FRIDAY, JANUARY 18, 1991
173
First, almost 3 million dollars will initiate a pilot pre-kindergarten program for fouryear-olds in 60 classrooms around the state.
During my campaign, I promised to start this program with proceeds from the lottery. But we can't wait; it is so important to Georgia's future, that I wanted to get a pilot program going before the lottery is in place, so that we have tested and refined it and are ready to move with it as soon as lottery revenues become available.
Other educational programs for young children that I recommend for expansion include the Special Instructional Assistance program for children in the early grades who are at risk developmentally and our program for handicapped three and four year olds.
Anyone who paid any attention at all to my campaign will remember my emphasis on sex education in our schools. And anyone who has looked at the growth rates for either teenage pregnancy or sexually transmitted disease knows how critical it is.
I am recommending 754,000 dollars to develop and implement a training program for high school teachers on how to teach sex education. As you know, sex education is already a part of the school curriculum. But these existing teachers want and need high-quality instruction in both the subject matter and in the techniques of teaching this important and sensitive subject. I want them to be able to explain clearly to our children the perils and consequences of irresponsible sexual behavior in a way that they understand and take to heart.
I also talked about drug education during the campaign and in my State of the State address. And this budget includes funds to double D.A.R.E., the Drug Awareness and Resistance Education program that we have begun in 42 of our schools.
Another campaign promise you will find here is my commitment to making sure Georgia's brightest high school students have the opportunity to attend college. One million dollars goes to expand our scholarship program to include every high school valedictorian, salutatorian and STAR student in the state, and another $400,000 to expand the Governor's Honors Program by 400 of our brightest, our gifted students for whom this is the only summer enrichment program we provide.
My education funding recommendations are also designed to move QBE forward. In the FY 92 budget, we have boosted QBE formula funding by more than 43 million dollars to expand services.
The bulk of this new money 34.4 million dollars is the second-year portion of the QBE Weights Task Force formula. The point of this formula is to get the funds we send to our local schools to more accurately reflect the actual cost of educating our youngsters.
In addition, I recommend that 8.9 million dollars total be appropriated for middleschool counselors. This money will fully fund the program we began last year at the level of one counselor for every base-sized middle school.
Other QBE programs that will share in the new funding next year include incentive grants for 35 additional schools to implement middle grades programs; the continued implementation of the In-School Suspension program, which isolates disruptive students without suspending them from school, and special assistance to students for whom English is their second language.
In addition, I am recommending funds to purchase vocational equipment for 21 new high schools slated to open next fall.
To provide for new public school construction, I am recommending bond funding totalling 83.4 million dollars for regular entitlements, with an additional 2.5 million dollars in advanced incentive planning grants.
174
JOURNAL OF THE HOUSE,
Sixteen public libraries have raised local funds for new facilities, earning state matching grants. I am recommending 9.8 million dollars in bonds for these projects.
I used to be a college teacher before I got in this business. I've taught at one of this state's smallest colleges, and I've taught at this state's largest university.
I know from firsthand experience that a strong University System is critical to Georgia's future growth and prosperity.
My FY 92 budget adds 58.4 million dollars to the University System's funding formula. The bulk of these funds 33.8 million dollars addresses increased enrollment around the system. The remainder restores cuts to the formula, with 8.2 million dollars going to restore to full funding the part of the formula that addresses academic programs in the system's classrooms.
The University System formula calls for major maintenance and repair funds of 24 million dollars for the system's 2,500 buildings. The system has a lot of older buildings, so I am recommending that we meet this need in FY 92 by issuing five-year bonds.
In addition to major maintenance and repair, I am recommending five University System capital projects for bonding.
I propose that we move ahead with the student physical activities center and a parking facility at the University of Georgia, a residence hall project at Georgia Tech, and a parking facility and a bookstore at Kennesaw State College.
The Georgia Education Authority (University) would be reactivated to manage this bond program using receipts generated from the facilities themselves. Special consideration must be given to capital projects like these that generate revenue which, in turn, would then be used to pay off the bonds.
I am aware that the Board of Regents recently adopted a major revision of the funding formula which they would like us to use in the future to determine their appropriation.
I appreciate their desire to have a funding mechanism that looks forward to the 21st century rather than back to the needs of a decade ago. And after the session, my budget advisors and I will give careful study and consideration to these proposed revisions.
Georgia has many adults at the other end of the educational spectrum, too adults who never really learned to read. I spoke to you of adult literacy from this rostrum on Wednesday, and you will see it in my budget here today.
Finally in the area of education, I am recommending 3.2 million dollars for major repairs and renovations at our technical institutes, and 1.7 million dollars to purchase instructional equipment for these institutes.
Let me turn now from education to a second priority you heard me emphasize during my campaign and reiterate during the past ten days the protection of decent, law-abiding citizens.
This is the second major program thrust in my budget for next year, and again you can see that we are going to change the way we've been doing things.
First, I intend to lose no time in implementing the boot camp program I promised during my campaign.
My concept of a boot camp is based on my experience as a Marine recruit at Parris Island shaved heads, bunk beds, a quonset hut with 60-watt light bulbs, and an unrelenting regimen of discipline. My concept also comes from being the only elected official in Georgia to have worked in all three aspects of offender rehabilitation probation, incarceration and parole.
FRIDAY, JANUARY 18, 1991
175
The boot camp I propose to you is a barebones, no TV, spartan facility that houses inmates for three months. While they are there, inmates will experience strict discipline, physical training and hard work in other words, a military-style basic training regimen.
Boot camp will also include compulsory programs that address substance abuse, since this is where offenders who have violated the DUI/Habitual Traffic Violators law will be.
Third, and this should not go unnoticed, boot camp inmates will be subject to strict probation and parole supervision after they are released. If they violate probation, they will go to the "big house."
I am recommending 11.25 million dollars in bonds to construct and equip nine boot camp facilities three as stand-alone units and six adjacent to three existing correctional institutions.
The stand-alone camps will be built in Mitchell, Lanier and Emanuel counties at a cost of 2 million dollars each.
Two camps will be built adjacent to each of the existing institutions in Hancock, Washington and Chattooga counties, and will use their support facilities.
The reason we are locating six boot camps adjacent to existing facilities is to achieve a more efficient level of staffing and support. They can also be built using inmate labor.
Each of these nine boot camps will accommodate 224 inmates, giving us 2,016 new beds at about one-sixth of the cost of the new prison beds now being built in Georgia. They won't be "Cadillacs," but people who break the law don't deserve "Cadillacs."
In addition, two existing facilities the Stone Mountain and Putnam Correctional Institutions will be converted to boot camps, giving us a total of 2,344 new boot camp beds.
When fully operational, these 11 boot camps will accommodate nearly 9,400 offenders a year on a 90-day rotation basis.
Although I emphasized boot camps in my campaign, I am fully aware of the need for conventional prison beds. It will take the combination of new boot camps and new prison beds to end the Early Release Program that the Board of Pardons and Paroles has been using to control prison overcrowding.
Conventional correctional institutions are another area where we can and must be more cost-effective. I don't like frills anywhere, and I am not certainly not going to tolerate them in our prison system. Any type of prison authorized during this administration will be inexpensive to construct and cost-efficient to operate. You can count on that!
Along those lines, I am authorizing $300,000 to develop plans and specifications for a prototype facility of low-to-medium security that will be cost-effective to duplicate around the state.
Another $700,000 is requested to acquire sites for later construction of these facilities.
I also recommend one million dollars in bond funds to expand the wastewater treatment plant at the Georgia Public Safety Training Center. In addition to allowing larger training classes at the Center, this expansion will also allow us to double the inmate capacity at the adjacent Burruss Correctional Institution from 400 to 800 beds.
Once we build prisons, we have to staff them, and that is where the ongoing cost comes in. My recommendations provide operating funds for five new prisons with 4,400 beds.
Three of them the Hancock, Telfair and Washington Correctional Institutions will be in operation for the full fiscal year, while the Johnson and Mitchell Correctional Institutions will open near the end of the fiscal year.
176
JOURNAL OF THE HOUSE,
I also recommend full funding for the new 200-bed Treutlen Special Alternative Incarceration Institution.
I have allocated operating funds for the Stone Mountain Detention Center in Rockdale County, which will open in April, and for two additional centers with 150 beds each, which will open in Fulton and Evans counties near the end of the fiscal year.
Before I leave law enforcement and corrections, let me make one more point. Highway safety is of enormous concern to me, and I want to get more state troopers out on the road during my administration.
In the supplemental budget, I recommended funding to start up a new state trooper school of 50 recruits. In 1992, I am recommending 1.5 million dollars to put those 50 on the road.
The third program area that I focus on in this budget is economic development. And with the present state of our economy, I don't expect to find anyone who will argue against making this a priority.
Georgia's ports are a major economic benefit for all of our citizens, whether they live in Dalton or LaGrange or Gainesville. To keep our ports operating smoothly, I am recommending 2.5 million dollars in bonds to construct dikes and expand the spoilage area in the Savannah Harbor.
The Georgia Ports Authority also requested 25.6 million dollars in full state funding to deepen the Savannah Harbor channel to 42 feet.
I understand the need to do this and I support it, but there is potential to leverage substantial federal funding for this project. Therefore, I am recommending that the Authority proceed with the design, engineering and environmental review of the project using 1.2 million dollars in Authority funds, while at the same time pursuing federal participation.
Even though the budget is tight, I want to maintain state funding assistance to local governments, who are also experiencing revenue problems and who are on the front lines of providing the infrastructure industry needs. But I want to make some changes in the way we provide this help.
We have a number of small grant programs, and I am not convinced that the funds are addressing the most serious needs of our counties and cities.
I propose that we abolish four and downsize two grant programs that totalled 28.4 million dollars in the original FY 91 budget, and develop instead a 50 million dollar loan program for water, sewer, water supply and wastewater treatment projects.
The new loan program would be financed with revenue bonds sold by the Georgia Environmental Facilities Authority. These bonds would be repaid as local governments repay their loans.
Highways are also an important part of economic development, and I recommend that funding for the Local Road Assistance Program (LARP) continue at a level of 38.6 million dollars, just slightly below the current level of 40 million dollars. These funds complement my recommendation in the 1991 amended budget that the Governor's Road Improvement Program be continued with 76.9 million dollars in bond funds.
Highway construction is another area in which I want to do things differently, and I have discussed this at length with Commissioner Hal Rives. I want to move funds around to take maximum advantage of a rare opportunity.
The federal government has indicated its intention to put a significant level of its new motor fuel tax revenues into a program called the Highway System of National Significance. States would be able to draw this federal money down to match state motor fuel tax funds to enhance particular highways.
FRIDAY, JANUARY 18, 1991
177
Now, you need to understand that many of the Georgia highways that will be identified as part of this new national system are already part of GRIP, the Governor's Road Improvement Program. By rearranging the way we spend our Georgia motor fuel tax revenues, we will be able to leverage some significant federal funds to help us pay our economic development highways.
The bottom line is that in FY 92 we will spend nearly 155 million dollars more in state and federal funds than we spent in FY 90, for roads that will be part of this Highway System of National Significance.
Sometimes overlooked, the quality of life is an important consideration in attracting business and industry to Georgia, and in that sense, our wildlife management and public fishing areas are part of our economic development infrastructure.
I am recommending $150,000 to improve and operate newly acquired wildlife management areas and public fishing areas. These funds are in addition to the 1 million 450 thousand dollars in bonds in my supplemental budget recommendations for equipment and capital construction on these lands.
While I am on this subject, let me address the question some have raised regarding the use of funds from that increase a few years ago in hunting and fishing license fees.
Back when I was Lieutenant Governor, I was on top of that, and I'm making sure we are putting all of the income from those fees directly into game and fish needs. In fact, the state funds going for this purpose have increased. Fee income now makes up only 42 percent of the budget for game and fish compared to 58 percent back when the fees were last increased.
The fourth program area to receive a significant block of new funds is health and social services. Almost a third of our available funds will go to help Georgians in need of these services, with 47.6 million dollars allocated to Medicaid and 33.4 million dollars to the Department of Human Resources.
The combination of rising health care costs and an increase in services and users has sent the Medicaid budget spiraling upward.
Of the new Medicaid funds, 32.5 million dollars will be used to fund expanded coverage mandated by the federal government (some of that New Federalism I talked about on Wednesday).
Other Medicaid increases will fund reimbursement rate adjustments that were approved in FY 91 and annualize other improvements that went into effect in FY 91.
Growing like kudzu, Medicaid costs are now 10 percent of our total budget. The national average is 12 percent up from 3 percent before New Federalism.
So, in an effort to contain the cost of Medicaid programs, I am recommending that in 1992 we begin requiring Medicaid participants to make a small contribution toward the cost of the health care they receive. These co-payments would range from one to three dollars for certain recipients and services. The total savings to the program for the first year would be 7.8 million, of which 3 million dollars would be state funds.
We do not want to deprive any Georgian of needed health care. However, I believe a small co-payment from Medicaid recipients will help offset the rapidly rising costs we are experiencing. Twenty-four states already require similar co-payments. We will just be doing what half the states are already doing.
Of course, it is evident that there is no salary increase for teachers or state employees. But I have asked the Merit System Board to preserve the same level of health insurance coverage with no increase in the premium taken out of employees' paychecks, so at least they are spared that increased cost which most workers in private enterprise are having to bear.
178
JOURNAL OF THE HOUSE,
The bulk of the new funds I am recommending for the Department of Human Resources will go into Aid to Families with Dependent Children.
When the economy slumps, the AFDC rolls rise, and almost 20 million dollars in new money will be needed in FY 92 to accommodate this growth.
Another 4.6 million dollars must be allocated to fund the increased number of children in foster care, which has come as a result of our concerted effort in addressing child abuse.
And I propose 2.5 million dollars to expand case management services for developmentally delayed infants and toddlers during their first two years of life.
I referred to this in my State of the State speech, and it is the initial stage of the program for developmentally delayed three and four-year-olds that I mentioned a bit ago when I was talking about education.
Similar to what I suggested with DOT, the money will leverage more federal funds. This will allow us to provide a higher level of services for these children from birth until kindergarten age.
Finally in the area of human services, let me point out that amid all of these cuts, one item that has remained unscathed is the State Housing Trust Fund, which provides assistance to the homeless. I am recommending that this fund continue at the same 5 million dollar level in FY 92 as in the original FY 91 budget.
Education, law enforcement, economic development, and human services these are the program areas through which direct state services flow to the citizens of Georgia, and they are the focus of the budget I present to you today.
Here it is a pay-as-you-go budget with no fiscal sleights of hand and no costshifting to future years.
Here it is a budget that downsizes administrative overhead and concentrates on getting the maximum level of service per dollar.
Here it is a budget that sets us on the course that I intend to stay during my administration as your Governor.
Senator Garner of the 30th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 117. By Representatives Lane of the 27th and Cummings of the 17th:
A resolution recognizing the month of May, 1991, as "Motorcycle Awareness and You (M.A.Y.) Month" in Georgia.
HR 120. By Representatives Poston of the 2nd, Murphy of the 18th, Walker of the 115th, Coleman of the 118th and Hanner of the 131st:
A resolution commending Georgia Citizens for the Arts.
FRIDAY, JANUARY 18, 1991
179
HR 121. By Representatives Poston of the 2nd, Murphy of the 18th, Walker of the 115th, Coleman of the 118th and Hanner of the 131st:
A resolution commending the Reverend Howard Finster.
HR 122. By Representative Floyd of the 135th:
A resolution recognizing the Slosheye Trail Big Pig Jig as the state's greatest barbecue cooking contest.
HR 123. By Representative Moultrie of the 93rd: A resolution commending and congratulating Leila D. Holloway.
HR 124. By Representatives Clark of the 20th (Post 3), Klein of the 21st, Clark of the 20th (Post 4), Aiken of the 21st,Vaughan of the 20th and others:
A resolution commending Colonel Robert L. Cochran.
HR 125. By Representatives Dixon of the 151st and Blitch of the 150th: A resolution commending Tiffany Johns.
HR 126. By Representatives Buck of the 95th, Stephens of the 68th and Thurmond of the 67th:
A resolution commending Corporal Harry R. Carter and Ranger First Class Eric Sanders.
HR 127. By Representatives Brown of the 88th, Howard of the 85th and Brooks of the 34th:
A resolution congratulating the Trinity Christian Methodist Episcopal Church.
HR 128. By Representatives Brooks of the 34th, Williams of the 54th, Orrock of the 30th, Abernathy of the 39th, Davis of the 29th and others:
A resolution expressing regret at the passing of Mrs. Susie LaBord.
HR 129. By Representatives Stephens of the 68th, Holland of the 136th, Mobley of the 64th, Carrell of the 65th, Lane of the lllth and others:
A resolution expressing regret at the passing of Mr. Frank Sinkwich.
HR 130. By Representatives Skipper of the 116th, Hamilton of the 124th, Ray of the 98th, Floyd of the 135th, Edwards of the 112th and others:
A resolution commending Mr. Ted C. Hefner.
HR 131. By Representatives Poston of the 2nd, Murphy of the 18th, Snow of the 1st, McCoy of the 1st, Perry of the 5th and others:
A resolution urging the Governor and the General Assembly of the State of Tennessee to permit certain Georgia residents to attend the University of Tennessee at Chattanooga without payment of out-of-state fees.
180
JOURNAL OF THE HOUSE,
HR 132. By Representatives Ladd of the 44th, Walker of the 115th, Clark of the 20th (Post 3), Groover of the 99th, Heard of the 43rd and others:
A resolution expressing support for the men and women in Operation Desert Shield.
The following communications were received:
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 17, 1991
Honorable Max Cleland Secretary of State
214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Brad Hubbert was elected as a member of the State Transportation Board from the Fifth Congressional District. He will serve for a term beginning April 16, 1991, and expiring April 15, 1996. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board.
With best regards, I am
Sincerely yours,
/s/ Sewell R. Brumby Legislative Counsel
SRB:jp
Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard
Honorable Thomas B. Murphy Honorable Brad Hubbert Honorable Georganna Sinkfield
Honorable Dick Lane Mr. Hal Rives
Mr. Hamilton McWhorter, Jr. Mr. Glenn W. Ellard Ms. Cindy Wright
The General Assembly Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Brad Hubbert, Fulton County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the Fifth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1991 and expiring April 15, 1996.
This 17th day of January, 1991.
FRIDAY, JANUARY 18, 1991
181
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives
The General Assembly Atlanta
January 17, 1991
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 17, 1991, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Brad Hubbert was elected as a member of the State Transportation Board from the Fifth Congressional District to serve a term beginning April 16, 1991, and expiring April 15, 1996.
Respectfully submitted, /s/ Georganna T. Sinkfield
Representative, 37th District Chairman Fifth Congressional District Caucus
/s/ Dick Lane Representative, 27th District Secretary Fifth Congressional District Caucus
The General Assembly Atlanta
January 17, 1991
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 17, 1991, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Brad Hubbert was elected as a member of the State Transportation Board from the Fifth Congressional District to serve a term beginning April 16, 1991, and expiring April 15, 1996.
Respectfully submitted, /s/ Georganna T. Sinkfield
Representative, 37th District Chairman Fifth Congressional District Caucus
/s/ Dick Lane Representative, 27th District Secretary Fifth Congressional District Caucus
182
JOURNAL OF THE HOUSE,
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334
January 17, 1991
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Max Goldin was elected as a member of the State Transportation Board from the Sixth Congressional District. He will serve for a term beginning April 16, 1991, and expiring April 15, 1996. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board.
With best regards, I am
Sincerely yours, Is,/ Sewell R. Brumby
Legislative Counsel
SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Max Goldin Honorable Charles Thomas Honorable Nathan Dean Mr. Hal Rives Mr. Hamilton McWhorter, Jr. Mr. Glenn W. Ellard Ms. Cindy Wright
The General Assembly Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Max Goldin, Haralson County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the Sixth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1991 and expiring April 15, 1996.
This 17th day of January, 1991.
/a/ Pierre Howard President of the Senate
Is/ Thomas B. Murphy Speaker, House of Representatives
The General Assembly Atlanta
January 17, 1991
FRIDAY, JANUARY 18, 1991
183
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 17, 1991, at 3:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Max Goldin was elected as a member of the State Transportation Board from the Sixth Congressional District to serve a term beginning April 16, 1991, and expiring April 15, 1996.
Respectfully submitted, /a/ Charles Thomas
Representative, 69th District Chairman Sixth Congressional District Caucus
/s/ Nathan Dean Senator, 31st District Secretary Sixth Congressional District Caucus
The General Assembly Atlanta
January 17, 1991
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 17, 1991, at 3:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Max Goldin was elected as a member of the State Transportation Board from the Sixth Congressional District to serve a term beginning April 16, 1991, and expiring April 15, 1996.
Respectfully submitted, /s/ Charles Thomas
Representative, 69th District Chairman Sixth Congressional District Caucus
/s/ Nathan Dean Senator, 31st District Secretary Sixth Congressional District Caucus
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 650 through 844, who have registered in the Docket of Legislative Appearance as of January 11, 1991, 2:30 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.
184
JOURNAL OF THE HOUSE,
(SEAL)
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 18th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth.
/s/ Max Cleland Secretary of State
650. David W. Dickerson, Jr. Ga. Federation of Christian Colleges & Universities Family Concerns Rt. 4, Box 143-B Fairburn, Georgia 30213
651. John O'Callaghan City of Atlanta City of Atlanta 68 Mitchell Street Atlanta, Georgia 30335
652. Ann Adamson Joe Sports Assoc., Inc. 21 Finch Trail, NE Atlanta, Georgia 30308
653. Joseph J. Kelly Texaco Incorporated Star Enterprise 4 Executive Park Atlanta, Georgia 30329
654. Linda C. Jones Georgia Chapter of the Sierra Cluh Atlanta Audubon Society P. 0. 29217 Atlanta, Georgia 30359
655. Render Hill Sprinti Incorporated Court Square Greenville, Georgia 30222
656. Calvin E. Sims, Sr. Amalgamated Transit Union Local 732 2865 Cloverleaf Drive Atlanta, Georgia 30316
657. Jack L. Stephens, Jr. Metro. Atlanta Rapid Transit Authority 2424 Piedmont Road Atlanta, Georgia 30324
658. Bob Williams Jefferson Smurfit Corp. & Container Corp. of America P. 0. Box 150 Jacksonville, FL 32201
659. Ronald M. Davis Brotherhood of Maintenance of Way Employees Route 3, Box 197 Vidalia, Georgia 30474
660. Jeff Bickerstaff American Family Life Assurance Co. of Columbus 1821 Iris Drive Columbus, Georgia 31906
661. Kathryn M. Usrey Family Concerns, Inc. 295 River Valley Road Atlanta, Georgia 30328
662. David A. Miller, Jr. Family Concerns, Inc. 1000 Abernathy Road Bldg. 400, Suite 1250 Atlanta, Georgia 30328
663. Curley M. Dossman, Jr. AT&T & IT'S Affiliated Companies 1200 Peachtree Street Room 12164 Atlanta, Georgia 30309
664. Charles Wright US Sprint 3065 Cumberland Circle Atlanta, Georgia 30339
665. Cheatham E. Hodges, Jr. Georgia Military College Prudential Corp. of America American Association of Architects - Ga. Chapter Eonsia Physical Therapy Assn. Georgia Catholic Conference The Hodges Corporation and Its Clients 3200 Deans Bridge Road Augusta, Georgia 30906
FRIDAY, JANUARY 18, 1991
185
666. Linda G. Womack Oglethorpe Power Corp. 2100 East Exchange Place P. O. Box 1349 Tucker, GA 30085-1349
667. Beth Sanders Oglethorpe Power Corp. 2100 East Exchange Place P. 0. Box 1349 Tucker, Georgia 30085
668. Mark A. Fackler Ga. Credit Union Affiliates 1404 8th Avenue Albany, Georgia 31707
669. Betsy Brown Pharmaceutical Manufacturers Association Schering Corporation 2228 Major Loring Way Marietta, Georgia 30064
670. Aubrey T. Villines, Jr. Georgia Mental Health Counselors Association Georgia Society of Clinical Social Workers Crown Central Petroleum Corp. Crown Stations, Inc. Fast Fare, Inc. Ga. Chiropractic Assn., Inc. Chiropractic Political Action Committee Georgia Trial Lawyers Association, Inc. Lawyers Political Action Committee (LAWPAC) Ga. Assoc. for Marriage & Family Therapy Ga. Chap, of National Assn. of Social Workers Private Rehabilitation Suppliers of Georgia Suite 520-South Tower One CNN Center Atlanta, GA 30303-2705
671. Suzanne M. Justus Concerned Women for America Georgia Right To Life 3402 Shawnee Trail Smyrna, Georgia 30080
672. Bobbie J. Sharp Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
673. Kevin Pearson Georgia Assn. of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
674. Anita Brooks Atlanta Federation of Teachers Georgia Federation of Teachers 374 Maynard Terrace Atlanta, Georgia 30316
675. Frances Parham League of Women Voters of Georgia, Inc. 100 Edgewood Avenue, #1010 Atlanta, Georgia 30303
676. Sheila Mallon Project Common Sense 3522 Evans Ridge Tr. Atlanta, Georgia 30340
677. Doug Turner Life PAC 3937 Holcomb Bridge Road Suite 300 Norcross, Georgia 30092
678. Ski Bashinski Georgia Coroner's Assn. Ga. Funeral Directors Assn. Georgia Automatic Merchandising Council Surveying and Mapping Society of Georgia Greater Atlanta Fabricare Association Georgia Cemetery Assoc. 3009 Rainbow Drive Suite 123 Decatur, Georgia 30034
679. R. Mark Holloway Greater Macon Chamber of Commerce 305 Coliseum Drive Macon, Georgia 31210
680. Howell W. Ragsdale Ticketmaster, S.E. Flatiron Bldg., Suite 601 Atlanta, Georgia 30303
681. Paul L. Hanes Ticketmaster, S.E. 84 Peachtree Street #601,84 Atlanta, Georgia 30303
186
JOURNAL OF THE HOUSE,
682. Linda 0. Hentz American College of Nurse Midwives, Ga. Chapter 3555 Lawrenceville Highway #C-1 Tucker, Ga. 30084
683. Thomas J. Myers Professional Firefighters of Georgia 2222 Bull Street Savannah, Georgia 31402
684. William M. Bates Georgia Warehouse Assn. Bates Associates Morehouse School of Medicine Grady Memorial Hospital 161 Spring Street, N.W. Suite 812 Atlanta, Georgia 30303
685. Debbie Pulley Georgia Friends of Midwives 5257 Rosestone Drive Lilburn, Georgia 30247
686. Martin M. Wilson American Council of Life Insurance Ga. Assn. of Health Maintenance Organization 400 Colony Square 1201 Peachtree, Suite 2200 Atlanta, Georgia 30361
687. J. David Porter Legal, Inc. Young Democrats of Ga. Young Democrats of America 511 Susan Creek Drive Stone Mountain, GA 30083-4165
688. Phillip W. Brooks Ashland Oil, Inc. and Subsidiary Companies 3340 Peachtree Rd., N.E. Suite 600 Atlanta, Georgia 30326
689. Hannah M. Branton League of Women Voters of Ga. Georgia Housing Coalition 2947 Greenbrook Way, N.E. Atlanta, Georgia 30345
690. Jim Freeman Georgia Crush Stone Assn. P. 0. Box 9 Bolingbroke, Georgia 31004
691. Maria Gaudio Physical Therapy Assn. of Ga. 1359 Old Virginia Court Marietta, Georgia 30067
692. VOID
693. Maria R. Strollo Miller Brewing Company 100 Cumberland Circle Suite 1850 Atlanta, Georgia 30339
694. Robert C. Hunt Miller Brewing Company 100 Cumberland Circle Suite 1850 Atlanta, Georgia 30339
695. Ann M. Cherin Student Coalition Against Rampant Intoxicated Drivers c/o Dunwoody High School Dunwoody, Georgia 30338
696. Hazel C. Cotney Georgia Chiropractic Assn. 142 Mitchell Street, S.W. Suite LL1 Atlanta, Georgia 30303
697. Edward M. Bateson Georgia Chiropractic Association, Inc. 142 Mitchell Street, S.W. Suite LL1 Atlanta, Georgia 30303
698. Thomas J. Kirchhofer Georgia Chiropractic Association, Inc. 142 Mitchell Street, S.W. Suite LL1 Atlanta, Georgia 30303
699. George E. Hibbs Morris, Manning & Martin State Bar of Georgia 3343 Peachtree Road, N.E. 1600 Atlanta Financial CE Atlanta, Georgia 30326
700. Harold E. Hendrix Environcycle Inc. of Georgia 700 N. Hamilton Street P. O. Box 982 Dalton, Georgia 30722
FRIDAY, JANUARY 18, 1991
187
701. Tommy L. Barrett Mayor, City of Baldwin P. 0. Box 247 Baldwin, Georgia 30511
702. James Bellamy City of Baldwin P. 0. Box 42 Baldwin, Georgia 30511
703. James L. Hutto Georgia Highway Contractors Association 44 Broad Street Atlanta, Georgia 30303
704. F. Wade Scholes Kidd & Associates P. 0. Box 77102 Atlanta, Georgia 30357
705. Rick McDevitt Georgia Alliance for Children, Inc. 34 Peachtree Street Suite 2180 Atlanta, Georgia 30303
706. June R. Jansen Consulting Engineers Council/Georgia Two Northside 75 214 Beta Building Atlanta, Georgia 30318
707. Lonnie Sundermeyer League of Women Voters of Ga. 100 Edgewood Avenue Suite 1010 Atlanta, Georgia 30303
708. Maureen M. Lok League of Women Voters of Ga. 3793 Raccoon Run Marietta, Georgia 30062
709. Naomi Walker League of Women Voters P. 0. Box 407 3000 Woodrow Way Atlanta, Georgia 30319
710. Barbara B. Stalzer Planned Parenthood of the Atlanta Area Georgia Council on Child Abuse Visiting Nurse Assn. Ga. Psychiatric Physicians Association Girl Scout Councils of Ga. School Social Workers Assn. of Georgia Clearinghouse on Georgia Prisons and Jails 120 Ralph McGill Blvd. Suite 1600 Atlanta, Georgia 30308
711. Hinson McAuliffe Georgia Council on Moral and Civic Concerns Georgia Baptist Convention Public Affairs Committee 55 Silverwood Road N.E. Atlanta, Georgia 30342
712. Marjorie H. Davis Sierra Club 1478 Cambridge Common Decatur, Georgia 30033
713. Jim Comerford Medical Assn. of Georgia 938 Peachtree St., N.E. Atlanta, Georgia 30309
714. David S. Morrison Legisletter, Inc. 1240 Johnson Ferry Road A-50 Marietta, Georgia 30068
715. Daniel L. Williams, Jr. Camden County Commissioners P. 0. Box 99 Woodbine, Georgia 31569
716. Charles L. Clark Camden County Commissioners P. O. Box 99 Woodbine, Georgia 31569
717. Tilden L. Norris Camden County Commissioners P. O. Box 99 Woodbine, Georgia 31569
718. Ken Gay Camden County Commissioners P. 0. Box 316 Kingsland, Georgia 31548
719. E. B. Herrin Camden County Commissioners P. O. Box 99 Woodbine, Georgia 31569
188
JOURNAL OF THE HOUSE,
720. John S. Peterson Camden County Commissioners P. 0. Box 99 Woodbine, Georgia 31569
721. Andrew W. Dod Ga. High Tech Alliance, Inc. Powell, Goldstein, Frazer & Murphy 191 Peachtree Street Atlanta, Georgia 30335
722. Holly Hardin Georgia Hospital Assn. Morehouse School of Medicine Grady Memorial Hospital North X Northwest Office Pk. Atlanta, Georgia 30339
723. Ray A. Adams Carroll Electric Membership Corporation P. 0. Box 629 115 Temple Road Carrollton, Georgia 30117
724. Thomas V. Vogelsang American General Finance 220-C W. Tharpe Street Tallahassee, Florida
725. H. S. Linton GTE South, Inc. 1640 Powers Ferry Road Bldg. 18, Suite 370 Atlanta, Georgia 30067
726. Henry Turner Philip Morris USA 100 Crescent Centre Pkwy. #9 Atlanta, Georgia 30328
727. Wayne Reece JM Family Enterprises Southeast Toyota Distributors, Inc. JMIC Life Insurance World OMNI Corp. Northside Hospital Georgia Mountain Apple Growers Association Motorcycle Industry Council 2 Peachtree Street Suite 1800 Atlanta, Georgia 30303
728. Michael Sard JM Family Enterprises Southeast Toyota Distributors, Inc. JMIC Life Insurance World OMNI Corp. Northside Hospital Georgia Mountain Apple Growers Association Motorcycle Industry Council 2 Peachtree Street Suite 1800 Atlanta, Georgia 30383
729. Jim Kulstad Campaign for a Prosperous Georgia Common Cause of Georgia 233 Mitchell Street S.W. Atlanta, Georgia 30303
730. Susan K. Snyder Georgia Nurses Association 1362 W. Peachtree St., N.W. Atlanta, Georgia 30030
731. Martha Ford Georgia Nurses Association 1362 W. Peachtree St., N.W. Atlanta, Georgia 30030
732. A. J. Mote Georgia State Lodge, Fraternal Order of Police P. 0. Box 91169 East Point, Georgia 30364
733. Edward L. Hartness Georgia State Lodge, Fraternal Order of Police P. 0. Box 29 Gainesville, Georgia 30503
734. George B. Elder Southeast Recycling Corp. Southeast Paper Mfg. Co. 2000 Powers Ferry Road Suite 600 Marietta, Georgia 30067
735. Robert P. Constantine, Jr. Ga. Soc. of Anesthesiologists The Prudential Insurance Company of America Voyager Group, Inc. Health Ins. Assoc. of America MAG Mutual Ins. Co. Financial Life Insurance Company of Georgia American International Group 229 Peachtree St., N.E.
Suite 1202 Atlanta, Georgia 30303
FRIDAY, JANUARY 18, 1991
189
736. Georgia B. Murphy Georgia Chiropractic Association, Inc. 601 Bridge Lane Smyrna, Georgia 30082
737. Mather Stapleton United Transportation Union (UTU) 5154-G E. Ponce De Leon Ave. Stone Mountain, GA 30083
738. Deana Womack International Assn. of Machinists & Aerospace Workers, Local 709 3154 Skyview Lane Marietta, Georgia 30066
739. VannD. Mobley Georgia State Council of Machinists 4476 Calomet Drive Kennesaw, Georgia 30144
740. Robert E. Cantrell Georgia State Council of Machinists 1606 Gaylor Street Smyrna, Georgia 30082
741. Carl Mason International Assn. of Machinists & Aerospace Workers, Local 709 3790 Brook Way Atlanta, Georgia 30331
742. Carolyn P. Golden Right To Life Christian Coalition 101 Blake Court Stockbridge, Georgia 30281
743. Susan Randolph Christian Coalition 97 Sowell Road McDonough, Georgia 30253
744. Karen Tarlano Browning-Ferris Industries 9607 Roberts Drive Atlanta, Georgia 30303
745. Jack C. Dozier Georgia Water & Pollution Control Association 301 Old Hickory Trail, North Carrollton, Georgia 30117
746. Susan M. Blair Ga. Sports Shooting Assn. Citizens for Safe Government 604 Conway Forest Dr., N.W. Atlanta, Georgia 30327
747. William Morie Ga. Automobile Dealers Assn. 4000 Cumberland Pkwy., 900A Atlanta, Georgia 30339
748. Harriet L. Cohen Alzheimer's Assn.-Atlanta 3120 Raymond Drive Atlanta, Georgia 30340
749. Judy Yates Alzheimer's Assn.-Atlanta 1112 Springdale Road Atlanta, Georgia 30306
750. Brent Alspach Student Coalition Against Rampant Intoxicated Drivers SCARID c/o Dunwoody High School 5035 Vermack Road Dunwoody, Georgia 30338
751. Tommy Cook Georgia Osteopathic Medical Association 920 Green Street Conyers, Georgia 30207
752. Gayle Miller Sierra Club 95 Cat Cay Court Dunwoody, Georgia 30350
753. John P. Silk Georgia Telephone Assn. 1900 Century Blvd., Suite 8 Atlanta, Georgia 30345
754. Cathy Freeman Joe Sports Assocates, Inc. 21 Finch Trail Atlanta, Georgia 30308
755. Lucille H. Bennett Abate of Georgia, Inc. 3428 Greenville Road Kingsland, Georgia 31548
756. Tris A. Sevdy Georgia Right to Life Fayette County Chapter 104 Adell Court Peachtree City, Georgia 30269
190
JOURNAL OF THE HOUSE,
757. Barbara T. Johnson Georgians for Victim Justice 922 Court Street Conyers, Georgia 30207
758. James R. McGibbon Georgians for Responsible Medicine Ciba-Ceigy Corporation Sutherland Asbill & Brennan 999 Peachtree Street Atlanta, Georgia 30309
759. Anne W. Bramlette Georgia School Age Child Care Council 1340 Spring St., NW Suite 200 Atlanta, Georgia 30309
760. Stewart Acuff Ga. State Employees Union/ SEIU/AFL-CIO 501 Pulliam Street, S.W. Suite 535 Atlanta, Georgia 30312
761. John Harsch Clayton County Children's Legislative Action Committee 6185 Jonesboro Road Morrow, Georgia 30260
762. Adriane McCranie ICI Pharmaceuticals Group 3301 A Flowers Road, South Atlanta, Georgia 30341
763. John Bowdish Burroughs Wellcome Co. 3030 Cornwallis Road Research Triangle, NC. 27709
764. Gayle Hughes Georgia Forum 4654 Ruby Road Stone Mountain, GA 30083
765. Marie P. Mitchell Professional Assn. of Ga. Educators 715 McLendon Street Ashburn, Georgia 31714
766. Nancy Hayes Kitchens Professional Assn. of Ga. Educators 2720 Cowan Drive Maconston, Georgia 31204
767. Lana L. Smith Professional Assn. of Ga. Educators 104 Echo Lane Warner Robins, GA 31088
768. David O. Eldridge The Georgia Conservancy 1355 Peachtree St., Suite 300 Atlanta, Georgia 30309
769. Monica C. Jones Atlanta Task Force for Persons with Disabilities 300 W. Peachtree Street Atlanta, Georgia 30308
770. John D. Gibbs American Assn. of Retired Persons 930 Hargett Court Stone Mountain, GA 30083
771. Beth Atkins National Organization for Women 650 Georgia Avenue Atlanta, Georgia 30308
772. Brian T. Evans Georgia Residential Child Care Association Coalition for Fairness in Funding Appleton Family Ministries P. O. Box 210 Juliette, Georgia 31046
773. W. David Lane Coalition for Fair Funding 584 Horse Ferry Road Lawrenceville, Georgia 30244
774. Rod Chatham Professional Assn. of Ga. Educators South Fulton Vocational Center 4025 Flat Shoals Road College Park, Georgia 30349
775. Steve Bailey West Georgia College Student Government Assn. 101 Student Center West Georgia College Carrollton, Georgia 30118
776. Billy Quevedo West Georgia College Student Government West Georgia College Carrollton, Georgia 30118
FRIDAY, JANUARY 18, 1991
191
777. Michael T. Coan Student Government Assn. West Georgia College Student Government Assn. West Georgia College Carrollton, Georgia 30118
778. John M. Mason West Georgia College Student Government Association 101 Student Center West Georgia College Carrollton, Georgia 30118
779. Sunnidawn Stabler West Georgia College Student Government Association 101 Student Center West Georgia College Carrollton, Georgia 30118
780. Ginger Jackson West Georgia College Student Government Association Student Government Association West Georgia College Carrollton, Georgia 30118
781. Lalani Lynch West Georgia College Student Government Association 101 Student Center West Georgia College Carrollton, Georgia 30118
782. Kelly Sullivan West Georgia College Student Government Association 101 Student Center West Georgia College Carrollton, Georgia 30118
783. Alien D. Jackson West Georgia College Student Government Association Student Government Assn. West Georgia College Carrollton, Georgia 30118
784. Clif Deaton West Georgia College Student Government Association Student Government Assn. West Georgia College Carrollton, Georgia 30118
785. Jeff Williams Citizens Lobby for Kids Norton PTA Ga. Credit Union Affiliates 2400 Pleasant Hill Road Duluth, Georgia 30136
786. Martha H. Pennington Professional Assn. of Georgia Educators Georgia Congress of Parent Teacher Association Southern Bicycle League 3700 B Market Street Clarkston, Georgia 30021
787. Ron Parker Chemoco Oil & Chemical 2210 Sullivan Road College Park, GA 30337
788. Luann M. Avery Professional Assn. of Georgia Educators Central Elementary Calhoun Street Dublin, Georgia 31021
789. Charles R. Bennett Professional Assn. of Georgia Educators 1304 East Evans Street Bainbridge, Georgia 31717
790. Mildred Blackburn Professional Assn. of Georgia Educators Evans Middle School P. 0. Box 129 Evans, Georgia 30809
791. Garland C. Moore Ross, Russell, Ellis and Bailey (Tradename of Research Excellence) Ga. School Plant Maintenance Association, Inc. (GSPMA) 3411 Austell Road Bldg. No. 1, Suite 200 Marietta, Georgia 30060
792. Ben Barren Ross Georgia School Plant Maintenance Assoc., Inc. 3411 Austell Road Marietta, Georgia 30060
793. Paul J. Emrick Pharmaceutical Manufactuers Association 1100 15th Street, N.W. Suite 900 Washington, D.C. 20005
192
JOURNAL OF THE HOUSE,
794. Kelvin F. MacDonald Georgia Right to Life Committee, Inc. P. 0. Box 81474 Atlanta, Georgia 30366
795. VOID
796. Verdaillia Turner Atlanta Federation of Teachers (AFT) 374 Maynard Terrace Atlanta, Georgia 30316
797. Carolyn Garcia Georgia Right to Life Committee Concerned Women for America 407 St. Albans Court Mableton, Georgia 30059
798. Martha T. Bobbitt Professional Assn. of Georgia Educators Central Elementary Calhoun Street Dublin, Georgia 31021
799. Joseph B. Boland Professional Assn. of Georgia Educators 5235 Powder Springs Road Austell, Georgia 30001
800. Valerie Buchanan Professional Assn. of Georgia Educators 720 Country Club Road Newnan, GA. 30263
801. Dennis S. Losin First American Bank of Georgia, N.A. 230 Peachtree Street, N.W. Suite 210 Atlanta, Georgia 30303
802. Dr. Jesse E. Bradley, Jr. Tattnall County Board of Education P. O. Box 157 Reidsville, Georgia 30453
803. Delores B. Byrne Professional Assn. of Georgia Educators Johnson Street Elementary Johnson Street Dublin, Georgia 31021
804. Charles Coleman Professional Assn. of Georgia Educators Metter High School 413 W. Vertia Street Metter, Georgia 30439
805. Alton C. Crews Professional Assn. of Georgia Educators 592 10th Street, N.W. Atlanta, Georgia 30318-5790
806. Cheryl 0. Early East Hall Middle School East Hall Middle School 4120 East Hall Road Gainesville, Georgia 30505
807. Jacqueline Elrod Briar Vista School DeKalb County Board of Ed. 1131 Briar Vista Ter. N.E. Atlanta, Georgia 30305
808. Florence S. Flanders Professional Assn. of Georgia Educators 3700 B Market Street P. O. Box 636 Clarkston, Georgia 30033
809. Jim Gurley Professional Assn. of Georgia Educators P. 0. Box 606 Bainbridge, Georgia 31717
810. Dr. Sarah B. Hawthorne Professional Assn. of Georgia Educators Middle Georgia Teacher Support Program 3769 Ridge Avenue Macon, Georgia 31204
811. Ann S. Howell Professional Assn. of Georgia Educators Marion County Elementary P. O. Box 16 Buena Vista, Georgia 31803
812. Carlos Lankford Professional Assn. of Georgia Educators Nicholls School Nicholls, Georgia 31554
813. Linda M. Lewis Professional Assn. of Georgia Educators 500 Northside Drive, E. Statesboro, Georgia 30458
FRIDAY, JANUARY 18, 1991
193
814. Dr. J. Patrick Mahon Professional Assn. of Georgia Educators Georgia Assn. of Secondary School Principals Shiloh High School 4210 Shiloh Road Lithonia, Georgia 30058
815. Mrs. Johnnie R. Miller Professional Assn. of Georgia Educators Dunwoody High School 5035 Vermack Road Dunwoody, Georgia 30338
816. R. Donald Murphy Cobb County School District Professional Assn. of Georgia Educators Georgia Middle School Assn. Georgia Assn. of Educational Leaders Cobb County Public Schools 514 Glover Street Marietta, Georgia 30060
817. M. Harris Mynatt Professional Assn. of Georgia Educators 4735 Boxwood Lane Acworth, Georgia 30101
818. Dr. John A. Phillips, Jr. Professional Assn. of Georgia Educators Ga. School Superintendents Association 954 North Main Street Conyers, Georgia 30207
819. Donna H. Powers Professional Assn. of Georgia Educators Georgia Vocational Assn. Dacula High School 123 Broad Street Dacula, Georgia 30211
820. Virginia Y. Reynolds Professional Assn. of Georgia Educators Dublin High School Calhoun Street Dublin, Georgia 31021
821. Debbie Roberts Professional Assn. of Georgia Educators Professional Practices Commission 1255 Dogwood Road Brookwood High School Snellville, Georgia 30278
822. Charlie L. Roberts Professional Assn. of Georgia Educators 2011 51st Street Columbus, Georgia 31904
823. Dr. Donald O. Rooks Jefferson City Schools Professional Assn. of Educators Ga. School Superintendents Association Jefferson City Schools P. 0. Box 507 Jefferson, Georgia 30549
824. Kenneth W. Russell Professional Assn. of Georgia Educators Gordon Central High 335 Warrior Path N.E. Calhoun, Georgia 30701
825. J. Lamar Scott Elbert County Board of Education Professional Assn. of Georgia Educators 1050 Washington Highway Elberton, Georgia 30635
826. Dr. Vee Simmons Professional Assn. of Georgia Educators 241 Westchester Drive Decatur, Georgia 30030
827. Patricia E. Storey Professional Assn. of Georgia Educators Susie Dasher Kindergarden South Washington Street Dublin, Georgia 31021
828. Gary Walker Professional Assn. of Georgia Educators 310 Old Mill Road Cartersville, Georgia 30120
829. Louise B. Warren Professional Assn. of Georgia Educators 251 Birdie Road Beaverbrook Elementary Griffin, Georgia 30223
194
JOURNAL OF THE HOUSE,
830. Virlyn Slaton Georgians for Horse Racing 3650 Habersham Road P. 0. Box 52903 Atlanta, Georgia 30305
831. Raymond Cecil Taylor Brotherhood of Locomotive Engineers P. O. Box 9823 Columbus, Georgia 31908-9823
832. Jan Arias Georgia Friends of Midwives 2717 Northbrook Drive Atlanta, Georgia 30340
833. Julia Ferguson Sawyer Ga. Citizens for the Arts 33 Walker Terrace Atlanta, Georgia 30309
834. John Furman Ga. Association of Broadcasters, Inc. 3832 Vineyard Trace Marietta, Georgia 30062
835. Dr. Louis C. Lamotte, Jr. Georgia Federal & Military Retirees Coalition 4820 Leeds Court Dunwoody, Georgia 30338
836. P. PhillipDay Ga. Independent Automobile Dealers Association 2175 Northlake Parkway Suite 128 Tucker, Georgia 30084
837. Roscoe R. Roberts, III Houston County Taxpayers Association 301 Lakefront Drive Warner Robins, GA 31088-6021
838. Sharon M. Adams Massachusetts Indemnity & Life Ins. Co./ A. L. Williams Corp. Prime Cable Georgia Cable Television Association 1009 Oglethorpe Avenue Atlanta, Georgia 30310
839. Lelia Cheney-Pettway The Atlanta Federation of Teachers The Georgia Federation of Teachers American Federation of Labor Congress of Industrial Organization 374 Maynard Terrace, S.E. Atlanta, Georgia 30317
840. Arthur Krotz, R.N. Georgia Nurses Association Three Finch Trail, N.E. Atlanta, Georgia 30308
841. Sharon Wilder Ga. Industrial Developers Association P. O. Box 1776 285 Peachtree Street Atlanta, Georgia 30301
842. Ellen Spears American Civil Liberties Union of Georgia 233 Mitchell Street Suite 200 Atlanta, Georgia 30303
843. HelgaNehl Informed Health Care Assn. of Georgia, Inc. P. O. Box 129 Kingston, Georgia 30145
844. Lewis Wright Professional Assn. of Georgia Educators 1654 Upper River Road Macon, Georgia 31211
Pursuant to SR 5, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 28, 1991.
MONDAY, JANUARY 28, 1991
195
Representative Hall, Atlanta, Georgia Monday, January 28, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abemathy Adams Aiken Alford
Atkins Baker Balkcom
Barfoot Bargeron Barnett.B Barnett.M Betes Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove
Brooks Brown
Brush Buck Buckner Byrd Campbell Canty Carrell Carter Chafm Chambless Cheeks Childers Clark.E
Clark.H Clark,L Coker Coleman
Colwell Connell Culbreth
Cummings,B Cummings,M Davis.G Davis.M Dixon.H Dixon.S Dobbs Dover Dunn Edwards Elliott Felton Fennel
Floyd,J.M Floyd,J.W
Flynt Godbee Golden Goodwin Green Greene Griffin Hamilton Hammond Hanner Harris.B Harris,J Heard
Henson Herbert Hightower Holland
Holmes Howard Hudson
Irwin Jackson Jamieson Jenkins Jones Kilgore King Kingston Klein Ladd Lane,D Lane,R Langford
Lawrence Lawson
Lee Long Lord Lupton Mann Martin McCoy McKelvey McKinney.C Meadows Merritt Milam Mills
Mobley Moody Morsberger Moultrie
Mueller Oliver.C Oliver.M
Orr Orrock Padgett Parham Parrish Patten Pelote Perry Pettit Pinholster Poag Porter Poston
Powell,A Powell.C
Purcell Randall Ray Reaves Redding Ricketson Royal Selman Sherrill Simpson Sinkfield Skipper Smith,L
Smith.P Smith.T Smith.W Smyre
Snow Stancil,F Stancil.S
Stanley Stephens Streat Taylor Teper Thomas.C Thomas.M Thomas.N Thurmond Titus Tolbert Townsend Turnquest
Twiggs Valenti
Vaughan Walker.J Walker.L Ware Watson Watts White Wilder Williams,B Williams,J Williams.R Yeargin Murphy.Spkr
Prayer was offered by Dr. James P. Rushing, Pastor, Lake City Baptist Church, Lake City, Georgia.
Representative Groover of the 99th will be absent Monday, January 28, 1991, and Tuesday, January 29, 1991, pursuant to Rule 45, absence due to providential causes.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
196
JOURNAL OF THE HOUSE,
2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 306. By Representative Campbell of the 23rd:
A bill to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' insurance and benefits plans, so as to allow contracts for the inclusion of employees of nonprofit group home providers in the state employees' health benefits plan.
Referred to the Committee on Insurance.
HB 307. By Representative Campbell of the 23rd:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that employees of nonprofit group home providers shall be state employees for the purpose of workers' compensation coverage under certain conditions.
Referred to the Committee on Insurance.
HB 308. By Representative Pettit of the 19th:
A bill to amend Code Section 15-12-43 of the Official Code of Georgia Annotated, relating to jury lists, so as to prohibit the use of such lists for commercial purposes and provide a penalty therefor.
Referred to the Committee on Judiciary.
HB 309. By Representatives Murphy of the 18th and Cummings of the 17th:
A bill to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages, eligibility for retirement, and the suspension of retirement benefits under the Employees' Retirement System of Georgia upon reemployment, so as to provide that such benefits shall not be suspended if a member performs no more than 1,040 hours of service for certain employers.
Referred to the Committee on Retirement.
HB 310. By Representatives Murphy of the 18th and Cummings of the 17th:
A bill to amend Code Section 47-6-84 of the Official Code of Georgia Annotated, relating to termination of the retirement allowance of any retired member returning to state service and to retirement benefits for retired members returning to service in the General Assembly, so as to provide that such retirement allowance shall not cease for a retired member who returns to state service and who performs no more than 1,040 hours of such service in any calendar year.
Referred to the Committee on Retirement.
MONDAY, JANUARY 28, 1991
197
HB 311. By Representative Childers of the 15th:
A bill to amend Code Section 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System of Georgia, so as to provide that the board of trustees may establish the date of actual disability as the effective date of disability retirement, notwithstanding the fact that an application for disability was not filed, if the disability itself was the cause of failure to file the application.
Referred to the Committee on Retirement.
HB 312. By Representative Dixon of the 128th:
A bill to amend Part 5 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the Herty Foundation, so as to provide for tax exemptions.
Referred to the Committee on Ways & Means.
HB 313. By Representative Campbell of the 23rd:
A bill to amend Code Section 36-32-21 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 2 of Chapter 32 of Title 36, known as "The Georgia Municipal Courts Training Council Act," so as to change the definition of the term "certified municipal judge".
Referred to the Committee on Special Judiciary.
HB 314. By Representatives Groover of the 99th, Dunn of the 73rd and Langford of the 7th:
A bill to revise comprehensively provisions relating to motor vehicle insurance and the reporting of motor vehicle accidents and giving proof of financial responsibility; to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to redesignate and revise provisions granting premium discounts with respect to motor vehicle insurance policies.
Referred to the Committee on Insurance.
HB 315. By Representative Childers of the 15th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry and dental hygienists, so as to change the definition of the acts which constitute the practice of dentistry.
Referred to the Committee on Health & Ecology.
HB 316. By Representative Selman of the 32nd:
A bill to provide a homestead exemption in the amount of $10,000.00 of the assessed value of the homestead for all City of Fairburn ad valorem taxes for any city purposes except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Fairburn who is 65 years of age or over or disabled if the resident's adjusted gross income together with the adjusted gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.
Referred to the Committee on State Planning & Community Affairs - Local.
198
JOURNAL OF THE HOUSE,
HB 317. By Representative Herbert of the 76th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to change the provisions relative to certain definitions; to change the provisions relative to qualifications of certain personnel of postsecondary educational institutions.
Referred to the Committee on Education.
HB 318. By Representative Herbert of the 76th:
A bill to amend Code Section 20-3-250.11 of the Official Code of Georgia Annotated, relating to fees and their collection, so as to change the provisions relative to fees.
Referred to the Committee on Education.
HB 319. By Representatives Herbert of the 76th, Poston of the 2nd, Kilgore of the 42nd and Adams of the 79th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to provide for a tuition guaranty trust fund to be established from fees paid by nonpublic postsecondary educational institutions.
Referred to the Committee on Education.
HB 320. By Representative Herbert of the 76th:
A bill to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to require the State Board of Technical and Adult Education to develop and implement a policy for a reduction in force.
Referred to the Committee on Education.
By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 242
HB 243 HB 244 HB 245
HB 246 HB 247
HB 248 HB 249
HB 250 HB 251
HB 252 HB 253
HB 254 HB 255
HB 256 HB 257
HB 258 HB 259
HB 260
HB 261 HB 262 HB 263
HB 264 HB 265
HB 266 HB 267
HB 268 HB 269
HB 270 HB 271
HB 272 HB 273
HB 274 HB 275
HB 276 HB 277
MONDAY, JANUARY 28, 1991
199
HB 278 HB 279 HB 280 HB 281 HB 282 HB 283 TM 284
HHHiRs 12986f77i
IJD OQQ
H 88 HB 289 HB 290 HB 291 HB 292 HB 293 HB 294 HB 295
HB 296 HB 297 HB 298 HB 299 HB 300 HB 301 HB go2
HHHBBn 330034
r*> *5"O
HP ins HK 108 HR 109 HR 110 HR 116 HR 119 HR 133 HR 134
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 236 Do Pass HB 237 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 236. By Representatives Hamilton of the 124th, Bordeaux of the 122nd, Pelote of the 127th, Merritt of the 123rd, Dixon of the 128th and others:
A bill to amend an Act creating the Chatham-Savannah Youth Futures Authority, so as to provide for additional members of the authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 237. By Representatives Clark of the 20th (Post 3), Clark of the 20th (Post 4), Vaughan of the 20th, Hammond of the 20th and Mills of the 20th:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to provide for special elections to approve or reject certain expenditures.
200
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 27. By Senator Alien of the 2nd:
A bill to amend an Act providing for the appointment of the clerk of the State Court of Chatham County by a majority vote of the judges of the superior courts of the Eastern Judicial Circuit and the judges of said state court so as to provide for a term of office for said clerk.
By unanimous consent, the following Bill of the Senate was read the first time and referred to the committee:
SB 27. By Senator Alien of the 2nd:
A bill to amend an Act providing for the appointment of the clerk of the State Court of Chatham County by a majority vote of the judges of the superior courts of the Eastern Judicial Circuit and the judges of said state court so as to provide for a term of office for said clerk.
Referred to the Committee on State Planning & Community Affairs - Local.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 135. By Representatives Watts of the 41st, Connell of the 87th, Dover of the llth, Lee of the 72nd, Murphy of the 18th and others:
A resolution amending the Rules of the House of Representatives.
HR 136. By Representatives Long of the 142nd and Bates of the 141st:
A resolution commending the Cairo High School Syrupmakers football team and inviting them to appear before the House of Representatives.
HR 137. By Representative Long of the 142nd:
A resolution commending the Cairo High School Syrupmakers varsity cheerleaders.
The Speaker recognized the Honorable Glenn W. Ellard who thanked the members for having re-elected him to the office of Clerk of the House of Representatives.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
MONDAY, JANUARY 28, 1991
201
HB 2. By Representatives Childers of the 15th and Redding of the 50th: A bill to amend Code Section 31-22-1 of the Official Code of Georgia Annotated, relating to definitions regarding clinical laboratories, so as to include certain tissue banks under the definition of "clinical laboratories".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett,B Barnett.M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks
Brown
Y Brush YBuck
Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter YChafin Y Chambless Y Cheeks Y Childera Y Clark,E Y Clark,H
Y Clark,L Y Coker Y Coleman
Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn
Edwards
Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt
YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin E Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J
Heard Y Henson
Y Herbert
Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane,R Y Langford
Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C
Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell,C Y Purcell Y Randall YRay
Reaves Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was
Y Smith.P Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil,F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder
Y Williams,B Y Williams,J Y Williams.R
Y Yeargin Murphy.Spkr
Representative Barnett of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 68. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
202
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot
Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush
YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Y Clark,L Y Coker
Coleman
Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M
Y Davis,G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott
Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin E Groover Y Hamilton
Y Hammond Y Manner
Y Harris,B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein
YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay
Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith.L
Y Smith,P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Thomas,M
Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y WiUiams,R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 125. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, so as to prohibit the use for the private gain of an individual of an offender sentenced to perform community service as a condition of probation.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 167. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th:
A bill to amend the O.C.G.A., so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the O.C.G.A and in Acts of the General Assembly amending the O.C.G.A.
MONDAY, JANUARY 28, 1991
203
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 167 by adding between lines 2 and 3 on page 4 the following:
"(4.1) By striking '16-18-13' and inserting in lieu thereof '16-8-13' in paragraph (3) of subsection (b) of Code Section 10-1-767, relating to the applicability of Article 27 of Chapter 1 of Title 10, known as the 'Georgia Trade Secrets Act of 1990.'"
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick
Y Branch Y Breedlove
Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott
Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin E Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Meadows Y Merritt Mi Jam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Parham
Y Parrish
Y Patten Y Pelote
Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C
Y Purcell Y Randall YRay
Reaves Y Redding Y Ricketson
Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T
Y Smith.W Smyre
YSnow
Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder
Y Williams,B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 195. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Titus of the 143rd and Holland of the 136th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require that all special elections and municipal special elections shall be held on certain uniform dates.
204
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abemathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcotn Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter N Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings.B Y Cummings.M
Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs
Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y FloydJ.M Y FloydJ.W Y Flynt Y Godbee Y Golden Y Goodwill Y Green Y Greene Y Griffin E Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
N Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong
Lord Y Lucas Y Lupton NMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y 01iver,M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal
N Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith.P Smith.T
Y Smith,W Smyre
YSnow Y Stancil.F Y Stancil,S
Stanley
Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Watson Y Watts Y White Y Wilder Y Williams.B Williams,J Y Williams,R Y Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 158, nays 4. The Bill, having received the requisite constitutional majority, was passed.
HB 196. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to the filing of campaign contribution disclosure reports, so as to provide that an unopposed candidate or the campaign committee of an unopposed candidate shall not be required to file certain disclosure reports.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abemathy N Adams N Aiken
Y Alford N Atkins N Baker Y Balkcom N Barfoot N Bargeron Y Barnett,B
N Barnett.M
N Bates N Beatty
Benefield Y Birdsong N Blitch N Bordeaux
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown N Brush
YBuck Y Buckner YByrd N Campbell
Y Canty Y Carrell Y Carter
Y Chafin Y Chambless Y Cheeks Y Childers N Clark.E
Y Clark,H N Clark.L N Coker Y Coleman Y Colwell
Y Connell Y Culbreth N Cummings,B Y Cummings.M
Y Davis.G N Davis.M
Dixon,H N Dixon.S
Y Dobbs Y Dover
MONDAY, JANUARY 28, 1991
205
Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M N Floyd,J.W NFlynt N Godbee N Golden YGoodwin Y Green Y Greene Y Griffin E Groover N Hamilton Y Hammond Y Banner
Y HarrisJB Y Harris,J N Heard
Henson N Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson N Irwin Y Jackson Y Jamieson N Jenkins N Jones Y Kilgore NKing N Kingston N Klein NLadd N Lane,D Y Lane,R Y Langford N Lawrence
N Lawson YLee YLong YLord
Y Lucas N Lupton
NMann N Martin Y McCoy Y McKelvey
McKinney.B
McKinney,C Meadows N Merritt YMilam Y Mills
N Mobley Y Moody N Morsberger Y Moultrie
N Mueller Y Oliver.C Y Oliver.M NOrr
N Orrock Y Padgett YParham Y Parrish Y Patten
N Pelote Perry
Y Pettit N Pinholster Y Pinkston YPoag
Porter
Y Poston Y Powell,A Y Powell.C Y Purcell YRandall
NRay Y Reaves
Redding N Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Sinkfield
Y Skipper
Y Srnith,L N Smith,P Y Smith,T Y Smith,W
Smyre YSnow
Y Stancil,F N StanciLS
Stanley N Stephens Y Streat
Y Taylor N Teper N Thomas.C Y Thomas.M N Thomas.N
Thurmond Y Titus N Tolbert N Townsend Y Turnquest
Y Twiggs Y Valenti
N Vaugban N Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder N Williams.B Y WilIiams,J N Williaras.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 101, nays 61. The Bill, having received the requisite constitutional majority, was passed.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Sherrill of the 47th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Felton of the 22nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.
HB 29. By Representatives Oliver of the 53rd, Mills of the 20th, Hamilton of the 124th and Valenti of the 52nd:
A bill to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to the termination of parental rights, so as to provide that a copy of every order terminating the parental rights of a parent shall be transmitted to the Division of Family and Children Services Adoption Unit of the Department of Human Resources.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Barfoot Bargeron
Y Barnett,B
Y Barnett.M
Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd
Y Campbell Y Canty Y Carrell
Y Carter
Y Chafin Y Chamblegs Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings.B Y CummingstM Y Davis,G Y Davis,M
Y Dison.H Y Dijon.S Y Dobbs
Dover
206
JOURNAL OF THE HOUSE,
YDunn Y Edwards Y EUiott
Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W
YFlynt Y Godbee Y Golden Y Goodwin
Y Green Y Greene
Y Griffin E Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes
Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B McKinney.C
Meadows Y Merritt
Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith,P Y Smith.T Y Smith.W
Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat
Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 117. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the 138th:
A bill to amend Code Section 34-9-100 of the Official Code of Georgia Annotated, relating to procedure for filing claims with the State Board of Workers' Compensation, so as to provide that any claim or notice required to be filed with such board shall be deemed to be filed upon actual receipt by the board or upon the date such claim or notice was mailed by certified or registered mail.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot
Y Bargeron Y Barnett,B
Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin
Y Chambless Y Cheeks
Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M
Y Dixon.H Y Dixon,S Y Dobbs
Dover
Y Dunn Y Edwards Y EUiott Y Felton
Fennel Floyd,J.M Y Floyd,J.W Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin E Groover Y Hamilton
Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong
Lord Y Lucas
Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr
Orrock Y Padgett
Y Parham
Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster
MONDAY, JANUARY 28, 1991
207
Y Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C YPurcell YRandall
YRay Y Reaves Y Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith.T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor YTeper
Y Thomas,C Y Thomas.M
Y Thomas.N Y Thurmond Y Titus
Y Tolbert Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L
YWall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 118. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the 138th:
A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to provide that any document required to be received by or filed with any state agency shall be deemed to be received by or filed with such agency upon the date such document is actually received or upon the official postmark date such document is mailed, properly addressed with postage prepaid, by registered or certified mail.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Diion,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y FloydJ.W YFlynt
Y Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin E Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson
Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oiiver.C Y Oliver.M
Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
On the passage of the Bill, the ayes were 168, nays 0.
Y Smith.P Y Smith/I Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan
Y WalkerJ Y Walker.L YWall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y WilliamsJ Y Williams.R Y Yeargin
Murphy.Spkr
208
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
Representative Lucas of the 102nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Orr of the 9th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 170. By Representative Murphy of the 18th:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to fixing of sentences, suspension or probation of sentences, and changes in sentences, so as to provide that a sentencing court shall retain jurisdiction to shorten a period of probation.
The following amendment was read and adopted:
Representative Bostick of the 138th moves to amend HB 170 as follows: By adding the words "by registered mail" on line 24, page 2.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Bainett,M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cumrnings,B
Y Cummings,M Y Davis.G
Davis,M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Y Edwards Y Elliott Y Pelton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin E Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J
Y Heard Y Henson
Y Herbert
Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein NLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
YMcCoy Y McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody N Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Par ham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson
Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Y Skipper Y Smith.L
On the passage of the Bill, as amended, the ayes were 165, nays 3.
Y Smith.P Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
MONDAY, JANUARY 28, 1991
209
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Institutions and Property and referred to the Committee on Industry:
HB 210. By Representative Pettit of the 19th:
A bill to amend Code Section 50-25-6 of the Official Code of Georgia Annotated, relating to sales of files of public information by the GeorgiaNet Authority, so as to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state.
The following Resolutions of the House were read and adopted:
HR 138. By Representatives Padgett of the 86th, Connell of the 87th and Williams of the 48th:
A resolution expressing regret on the passing of Mrs. Laura Jean Gillis.
HR 139. By Representatives Brown of the 88th and Howard of the 85th: A resolution commending Mr. William W. Greene, Jr.
HR 140. By Representative Smith of the 78th: A resolution commending Sgt. Gerald Kersey.
HR 141. By Representatives Brown of the 88th and Howard of the 85th: A resolution commending Mr. Henry T. Armstrong, Jr.
HR 142. By Representative Aiken of the 21st: A resolution commending Smyrna-Oakdale Moose Lodge 1917.
HR 143. By Representative Aiken of the 21st:
A resolution commending the Smyrna-Oakdale Women of the Moose Chapter 1420.
HR 144. By Representatives Hamilton of the 124th, Dixon of the 128th, Mueller of the 126th, Kingston of the 125th, Bordeaux of the 122nd and others:
A resolution recognizing the City of Savannah and declaring "Savannah Day at the Capitol".
HR 145. By Representatives Cummings of the 17th and Murphy of the 18th: A resolution commending Ms. Emily C. Shaw.
210
JOURNAL OF THE HOUSE,
HR 146. By Representatives Twiggs of the 4th, Coleman of the 118th, Mobley of the 64th, Colwell of the 4th, Dover of the llth and others:
A resolution commending the firefighters of Georgia on the 19th annual Firefighters' Recognition Day.
HR 147. By Representatives Byrd of the 153rd, Smith of the 152nd and Fennel of the 155th:
A resolution urging the management of The Atlanta Constitution to reconsider its decision to drastically reduce circulation of the newspaper within the region of South Georgia.
HR 148. By Representatives Holmes of the 28th, Stanley of the 33rd, Davis of the 29th and Brown of the 88th:
A resolution encouraging all school districts to incorporate the teaching of African-American history and culture as a part of their curriculum.
HR 149. By Representatives Holmes of the 28th, Stanley of the 33rd, Davis of the 29th and Brown of the 88th:
A resolution urging the State Department of Education to investigate hiring practices in the public schools of this state and to take certain actions to increase the availability of black teachers and other professional school personnel.
Representative Reaves of the 147th District, Chairman of the Committee on Agriculture & Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 174 Do Pass HB 177 Do Pass HB 256 Do Pass, by Substitute
Respectfully submitted, /s/ Reaves of the 147th
Chairman
Representative Pinkston of the 100th District, Chairman of the Committee on Banks & Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 47 Do Pass
Respectfully submitted, /s/ Pinkston of the 100th
Chairman
MONDAY, JANUARY 28, 1991
211
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 87 Do Pass, as Amended HB 199 Do Pass HB 258 Do Pass
Respectfully submitted, /a/ Thomas of the 69th
Chairman
Representative Cummings of the 17th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec-
ommendations:
HB 33 Do Pass HB 34 Do Pass HB 35 Do Pass HB 40 Do Pass
HB 43 Do Pass
HB 78 Do Pass, by Substitute HB 168 Do Pass
Respectfully submitted,
/s/ Cummings of the 17th Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the
following recommendations:
HB 173 Do Pass HR 46 Do Pass HR 47 Do Pass
HR 112 Do Pass
HR 113 Do Pass HR 97 Do Pass HR 98 Do Pass
Respectfully submitted,
/s/ Lee of the 72nd Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:
Mr. Speaker:
212
JOURNAL OF THE HOUSE,
Your Committee on State Planning & Community Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 48 Do Pass HB 218 Do Pass HB 219 Do Pass
HB 221 Do Pass HR 16 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following communication from the Secretary of State was received:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 845 through 877, who have registered in the Docket of Legislative Appearance as of January 25, 1991, 2:30 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in
this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 25th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth.
(SEAL)
/s/ Max Cleland Secretary of State
845. Merri M Brantley Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
846. K. D. Glover Georgia League of Women Voters 100 Edgewood Avenue Atlanta, Georgia 30303
847. Elspeth Willcoxon Junior League of Atlanta 43 Roswell Court N.E. Atlanta, Georgia 30305
848. Mary N. Long Georgia Nurses Association 1362 West Peachtree Atlanta, Georgia 30310
849. Elaine La Londe League of Women Voters of Georgia, Inc. 100 Edgewood Ave. #1010 Atlanta, Georgia 30303
850. Verna G. Farmer Georgia Federation of Women's Club 907 Fireside Way Stone Mountain, Georgia 30083
851. Kenneth D. Wright Stedman Associates 215 D Glenwood Avenue Raleigh, North Carolina 27603
852. Don Vaughn Stedman Associates P.O. Box 2909 Asheboro, North Carolina 27204
853. Neal H.Ray Heyman & Sizemore 1940 Equitable Building Atlanta, Georgia 30303
MONDAY, JANUARY 28, 1991
213
854. W. Thomas Kemp, III Student Government Assn. of Georgia Tech P.O. Box 31142 Atlanta, Georgia 31332
855. VOID
856. Charles H. Hood Georgia Pacific Corporation P.O. Box 105605 Atlanta, Georgia 30348
857. Julie Rawls-Brunner, R.N. Georgia Nurses Assn. 1668 Pine Glen Circle Decatur, Georgia 30035
858. Bobby L Green The American Society of Mechanical Engineers (A.S.M.E.) 2238 Colleen Ct. Decatur, Georgia 30032
859. Roger D. Williams American Cancer Society, Georgia Division, Inc. 46 5th Street N.E. Atlanta, Georgia 30308
860. Bernadine B. Cantrell Family Concerns 4041 Randall Mill Rd. N.W. Atlanta, Georgia 30327
861. Donna Pettibone Family Concerns, Inc. 1424 Ashley Creek Circle Stone Mountain, Georgia 30083
862. William S. Cannon, V Parity Administration Certification Institute (PACI) P.O. Box 3329 Atlanta, Georgia 30302
863. Patricia Nash Professional Association of Georgia Educators 6997 Keene Street Kennesaw Elementary School Kennesaw, Georgia 30144
864. George B. Hills, III Citizens For Safe Government, Inc. Post Office Box 93345 Atlanta, Georgia 30318
865. Donald C. Ondracek Professional Association of Georgia Educators 1271 Echo Trail Watkinsville, Georgia 30677
866. Loretta Vail Professional Association of Georgia Educators 1130 Rock Chapel Road Rock Chapel Elementary School Lithonia, Georgia 30058
867. Laura Kimsey Professional Association of Georgia Educators 180 Northstar Drive Columbus, Georgia 31907
868. Lillian D. Cantrell Professional Association of Georgia Educators 2408 Henderson Mill Road Atlanta, Georgia 30345
869. Wende L. Wells Professional Association of Georgia Educators 180 Northstar Drive Columbus, Georgia 31907
870. William J Schedel, Jr. Marathon Oil Company Emro Marketing 539 S. Main Street Findlay, Ohio 45840
871. Joseph D. Lupton Gwinnett Citizens Transportation Coalition 4106 Lenora Church Road Snellville, Georgia 30278
872. Richard L. Janss Georgia Silver Haired Legislature 2387 Haven Ridge Drive N.W. Atlanta, Georgia 30305
873. Thomas D. Sims, Jr. The Tontine Properties, Inc. 1275 Peachtree Street Atlanta, Georgia 30367
874. PatJ. Ellis Rose, Russell, Ellis & Bailey 3411 Austell Road Marietta, Georgia 30060
214
JOURNAL OF THE HOUSE,
875. Martha Hutchins Georgia Friends of Midwives Ga. Environmental Project 1750 Merton Road N.E. Atlanta, Georgia 30306
876. Betty Sloop Teacher Preparation Programs Georgia Supporters for the Gifted 3242 Betty Circle Decatur, Georgia 30032
877. John C. Mitchell Georgia Association of Media Representatives 1552 Leeds Court Marietta, Georgia 30062
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, JANUARY 29, 1991
215
Representative Hall, Atlanta, Georgia Tuesday, January 29, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Allan W. Bosson, Pastor, Southside Baptist Church, Savannah, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 321. By Representatives McKinney of the 35th, Murphy of the 18th, Redding of the 50th, Davis of the 29th, McKinney of the 40th and others: A bill to amend Code Section 20-2-506 of the Official Code of Georgia Annotated, relating to the authority of school systems to enter into multiyear lease, purchase, or lease purchase contracts, so as to provide that school systems may not enter into such multiyear contracts for the acquisition of real property.
Referred to the Committee on Education.
HB 322. By Representative McKinney of the 35th: A bill to amend Code Section 36-30-3 of the Official Code of Georgia Annotated, relating to ordinances of a city council not being binding on succeeding councils, so as to repeal certain exceptions for municipal corporations having a population of 400,000 or more.
Referred to the Committee on State Planning & Community Affairs.
216
JOURNAL OF THE HOUSE,
HB 323. By Representatives Floyd of the 154th, Smith of the 156th, Purcell of the 129th, Hamilton of the 124th, Dixon of the 151st and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the comprehensive regulation of shellfish.
Referred to the Committee on Game, Fish & Parks,
HB 324. By Representatives Cummings of the 134th, McKinney of the 35th, Thomas of the 55th, Brooks of the 34th, Chambless of the 133rd and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful for a person to knowingly sell any real or personal property in exchange for any criminally derived property.
Referred to the Committee on Special Judiciary.
HB 325. By Representatives Cummings of the 134th, Thomas of the 55th, Brooks of the 34th, Sinkfield of the 37th, Randall of the 101st and others:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to require notice of a coordination of benefits between group policies of accident and sickness insurance.
Referred to the Committee on Insurance.
HB 326. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act to provide additional powers, duties, rights, obligations, and responsibilities for the Newton County Industrial Development Authority, so as to provide for additional authority with respect to the issuance of revenue bonds.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 327. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act providing for a new board of education of Newton County, as amended, so as to change the provisions relative to the compensation of the members and the chairman of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 328. By Representative Edwards of the 112th:
A bill to amend Code Section 31-22-4 of the Official Code of Georgia Annotated, relating to the examination of human specimens by clinical laboratories, so as to provide that nothing in said Code section shall be construed to prohibit such examination at the request of a licensed doctor of chiropractic.
Referred to the Committee on Health & Ecology.
HB 329. By Representatives Porter of the 119th and Thomas of the 69th:
A bill to amend Code Section 50-13-18 of the Official Code of Georgia Annotated, relating to procedural requirements under the "Georgia Administrative Procedure Act" for licensing, so as to provide licenses review of certain information possessed by an agency prior to a license hearing.
Referred to the Committee on Judiciary.
TUESDAY, JANUARY 29, 1991
217
HB 330. By Representatives Clark of the 20th (Post 3), Aiken of the 21st, Wilder of the 21st, Clark of the 20th (Post 4), Klein of the 21st and others:
A bill to provide for the determination of the millage rate by the governing authorities of Cobb County and the Cobb County School District.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 331. By Representatives Clark of the 20th (Post 3) and Wilder of the 21st:
A bill to amend Code Section 16-4-7 of the Official Code of Georgia Annotated, relating to criminal solicitation, so as to change the penalties.
Referred to the Committee on Special Judiciary.
HB 332. By Representatives Parrish of the 109th and Parham of the 105th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to authorize the state revenue commissioner to provide by rule or regulation an exemption for certain items ultimately paid for by state or federal funds where the state or federal law or regulation authorizing payment prohibits the payment of sales and use taxation.
Referred to the Committee on Ways & Means.
HB 333. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-2-55 of the Official Code of Georgia Annotated, relating to collection of delinquent taxes through attachment and garnishment, so as to change certain provisions regarding garnishment procedures available to the state revenue commissioner.
Referred to the Committee on Ways & Means.
HB 334. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to authorized forms of payment of certain taxes and license fees, so as to change certain provisions relating to payment by check or money order.
Referred to the Committee on Ways & Means.
HB 335. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.
Referred to the Committee on Ways & Means.
218
JOURNAL OF THE HOUSE,
HB 336. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to payment of tax by contractors furnishing tangible personal property and services, so as to increase the amount of certain bonds or legal securities which may be required of certain contractors.
Referred to the Committee on Ways & Means.
HB 337. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
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 that an exemption regarding the sale, use, storage, or consumption of certain industrial materials shall not apply to electricity.
Referred to the Committee on Ways & Means.
HB 338. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 4 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to payment of income taxes, so as to change the time of payment with respect to corporations.
Referred to the Committee on Ways & Means.
HB 339. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-7-21 of the Official Code of Georgia Annotated, relating to taxation of corporations, so as to provide for an adjustment to taxable income for certain income which has been shifted to a foreign sales corporation.
Referred to the Committee on Ways & Means.
HB 340. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-2-59 of the Official Code of Georgia Annotated, relating to appeals to the superior court from certain orders, rulings, or findings of the state revenue commissioner, so as to require the filing of a surety bond with respect to certain appeals.
Referred to the Committee on Ways & Means.
HB 341. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Chapter 3 of Title 48 of the Official Code of Georgia Annotated, relating to tax executions, so as to change certain provisions regarding a taxpayer's affidavit of illegality to certain tax executions; to require a surety bond for the eventual condemnation money under certain circumstances.
Referred to the Committee on Ways & Means.
TUESDAY, JANUARY 29, 1991
219
HB 342. By Representatives Pinkston of the 100th, Lee of the 72nd, Buck of the 95th, Parrish of the 109th, Walker of the 115th and others:
A bill to amend Part 2 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to political party and nonpartisan primaries, so as to change the date of the general primary and the nonpartisan primary.
Referred to the Committee on Governmental Affairs.
HB 343. By Representative Lawson of the 9th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation, so as to authorize independent school systems of municipalities to participate in a group self-insurance fund comprised of municipalities.
Referred to the Committee on Insurance.
HB 344. By Representative Lawson of the 9th:
A bill to amend Code Section 20-2-2002 of the Official Code of Georgia Annotated, relating to the establishment of an interlocal risk management agency for boards of education, and Code Section 36-85-1 of the Official Code of Georgia Annotated, relating to definitions used with respect to interlocal risk management agencies, so as to authorize boards of education of independent school systems to participate in the interlocal risk management agency for municipalities.
Referred to the Committee on Education.
HB 345. By Representatives Royal of the 144th, Long of the 142nd, Balkcom of the 140th, Bates of the 141st and Hanner of the 131st:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the South Georgia Judicial Circuit.
Referred to the Committee on Judiciary.
HB 346. By Representatives Cummings of the 17th and Baker of the 51st:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishing creditable service under the Teachers Retirement System of Georgia for membership service for which contributions have been withdrawn, so as to restate and clarify certain provisions relating to the reestablishment of such creditable service.
Referred to the Committee on Retirement.
HB 347. By Representatives Stephens of the 68th, Smith of the 78th, Thomas of the 69th and Thurmond of the 67th:
A bill to amend Code Section 33-3-28 of the Official Code of Georgia Annotated, relating to a request by a claimant for information as to the name of the insurer, the name of each insured, and the limits of coverage, so as to provide for imposition of sanctions for failure to comply with such requests.
Referred to the Committee on Judiciary.
220
JOURNAL OF THE HOUSE,
HB 348. By Representative Parham of the 105th:
A bill to amend Code Section 26-4-83 of the Official Code of Georgia Annotated, relating to limitations upon substituting generic drugs for brand name drugs, so as to prohibit certain limitations regarding topically applied drugs.
Referred to the Committee on Health & Ecology.
HB 349. By Representatives Griffin of the 6th and Lawson of the 9th:
A bill to amend Code Section 34-9-202 of the Official Code of Georgia Annotated, relating to examinations of injured employees, so as to change the provisions relating to physical examinations by physicians designated by an injured employee.
Referred to the Committee on Industrial Relations.
HB 350. By Representatives Watson of the 114th, Pettit of the 19th, Dixon of the 128th and Hamilton of the 124th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that the administrator may certify to telephone service carriers that certain billings should be suspended while a cease and desist order is in effect.
Referred to the Committee on Industry.
HB 351. By Representative Watson of the 114th:
A bill to amend Code Section 43-3-6 of the Official Code of Georgia Annotated, relating to requirements for the certificate of "certified public accountant," so as to change the educational requirements.
Referred to the Committee on Industry.
HB 352. By Representatives Poston of the 2nd and Holland of the 136th:
A bill to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to procedure upon notice of insurance cancellation, so as to change the manner in which motor vehicle owners are notified of insurance cancellation by the Department of Public Safety.
Referred to the Committee on Insurance.
HB 353. By Representative Poston of the 2nd:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that attendance officers shall be members of the retirement system.
Referred to the Committee on Retirement.
HB 354. By Representatives Poston of the 2nd, Snow of the 1st, Poag of the 3rd, McCoy of the 1st and Perry of the 5th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; to provide for the election and term of office of said judge.
Referred to the Committee on Judiciary.
TUESDAY, JANUARY 29, 1991
221
HB 355. By Representative Skipper of the 116th:
A bill to abolish the elected office of treasurer of Sumter County; to authorize the Board of Commissioners of Sumter County to designate an employee of the county or some other person or entity to perform the duties of treasurer and prescribe the powers and duties of such person or entity.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 356. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to authorize the judge of the probate court to employ part-time clerical assistance.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 357. By Representative Poston of the 2nd:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to continue in effect the exemption from taxation of certain tangible personal property, commonly known as the constitutional freeport tax exemption; to add 30 percent, 50 percent, and 70 percent to the list of percentages of valuation that may be used in exempting tangible personal property from taxation.
Referred to the Committee on Ways & Means.
HB 358. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defensive driving course or alcohol and drug program, so as to provide for criminal records checks and determinations based thereon for operators and instructors of DUI alcohol or drug use risk reduction programs.
Referred to the Committee on Motor Vehicles.
HB 359. By Representative Skipper of the 116th:
A bill to provide for the creation of one or more community improvement districts in Sumter County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees and assessments; to provide for the boundaries of said districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 360. By Representatives Barnett of the 10th, Stancil of the 8th and Pinholster of the 8th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Blue Ridge Judicial Circuit.
Referred to the Committee on Judiciary.
222
JOURNAL OF THE HOUSE,
HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 362. By Representative Royal of the 144th:
A bill to provide for the creation of the office of county administrator of Mitchell County; to provide for the appointment of the administrator; to provide for the powers, duties, and responsibilities of the administrator; to provide for an acting county administrator.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 363. By Representatives Barnett of the 59th, Davis of the 45th, Mann of the 6th, Aiken of the 21st, Lawrence of the 49th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change the level of alcohol concentration necessary for a finding of driving under the influence of alcohol.
Referred to the Committee on Motor Vehicles.
HB 364. By Representatives Barnett of the 59th, Davis of the 45th, Ladd of the 44th, Stancil of the 8th, Lawrence of the 49th and others:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol or drugs, so as to increase the penalty for a third or subsequent conviction within a five-year period.
Referred to the Committee on Motor Vehicles.
HB 365. By Representatives Jones of the 71st, Stancil of the 8th, Pinholster of the 8th and Branch of the 137th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for sales of food for human consumption to a church or to an organization or group sponsored by or affiliated with a church which food is used for purely charitable purposes.
Referred to the Committee on Ways & Means.
HB 366. By Representatives Mills of the 20th, Murphy of the 18th, Childers of the 15th, Walker of the 115th, Oliver of the 53rd and others:
A bill to amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicides, so as to change certain requirements regarding the time within which death must occur with respect to homicides.
Referred to the Committee on Judiciary.
TUESDAY, JANUARY 29, 1991
223
HB 367. By Representatives White of the 132nd, Brooks of the 34th, Hamilton of the 124th, Valenti of the 52nd and McKinney of the 35th:
A bill to amend Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions with respect to public utilities and public transportation, so as to make it unlawful for any public utility to require or charge a deposit to a residential customer prior to providing utility service to such customer if the residential customer has received service from the public utility for a period of at least two years during the three years immediately preceding the request for service and if the residential customer has no debt outstanding with the public utility.
Referred to the Committee on Industry.
HB 368. By Representatives White of the 132nd, Barnett of the 59th, Hamilton of the 124th, Thurmond of the 67th and Taylor of the 94th:
A bill to amend Code Section 39-2-3 of the Official Code of Georgia Annotated, relating to working hours for minors under 16 years of age, so as to provide that no student shall be permitted to work between the hours of 10:00 P.M. and 6:00 A.M. on any day preceding a school day.
Referred to the Committee on Education.
HB 369. By Representative Felton of the 22nd:
A bill to amend Code Section 36-31-2 of the Official Code of Georgia Annotated, relating to the minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations generally, so as to provide an exception for certain municipal corporations.
Referred to the Committee on State Planning & Community Affairs.
HB 370. By Representatives White of the 132nd, Barnett of the 59th, Hamilton of the 124th, Thurmond of the 67th and Taylor of the 94th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for a uniform scale of grading to be used in every public school in the state.
Referred to the Committee on Education.
HB 371. By Representative Birdsong of the 104th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to counties in general, so as to provide that a county governing authority shall be authorized to employ a county attorney.
Referred to the Committee on Judiciary.
HB 372. By Representatives Coleman of the 118th and Kilgore of the 42nd:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment for school personnel, so as to provide for a daily planning period for teachers and substitute teachers.
Referred to the Committee on Education.
224
JOURNAL OF THE HOUSE,
HB 373. By Representatives Coleman of the 118th, Kilgote of the 42nd and Murphy of the 18th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment of school personnel, so as to provide for a duty-free lunch period for teachers.
Referred to the Committee on Education.
HB 374. By Representatives Murphy of the 18th, Cummings of the 17th and Watts of the 41st:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to the terms of court for the superior courts of the state, so as to change the terms for the superior courts of the Tallapoosa Judicial Circuit.
Referred to the Committee on Judiciary.
HR 150. By Representatives White of the 132nd, Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A resolution authorizing the conveyance of certain state owned real property located in Dougherty County, Georgia, to Dougherty County and the acceptance of certain real property owned by Dougherty County located in Dougherty County, Georgia, in consideration therefor.
Referred to the Committee on State Institutions & Property.
HR 151. By Representatives Wilder of the 21st, Clark of the 20th (Post 4), Pinholster of the 8th, Klein of the 21st, Aiken of the 21st and others:
A resolution urging and encouraging the United States Congress to override through legislation the decision of the Supreme Court of the United States in Pennsylvania v. Davenport.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills of the House and Senate were read the second time:
HB 306 HB 307 HB 308 HB 309 HB 310 HB 311 HB 312 HB 313
HB 314 HB 315 HB 316 HB 317 HB 318 HB 319 HB 320 SB 27
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
TUESDAY, JANUARY 29, 1991
225
HB 223 Do Pass
Respectfully submitted,
/s/ Randall of the 101st Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report-
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 294 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 294. By Representatives Bates of the 141st and Long of the 142nd:
A bill to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and creating in lieu thereof the office of Tax Commissioner of Decatur County, so as to change the compensation of the Tax Commissioner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 63. By Senator Kidd of the 25th:
A bill to amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, as amended, so as to change the provisions relating to the compensation of the chief magistrate.
SB 64. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the compensation of the mayor and aldermen of said city.
226
JOURNAL OF THE HOUSE,
HB 7. By Representative Branch of the 137th:
A bill to amend an Act providing for the composition and membership of the Board of Education of Ben Hill County, so as to correct certain clerical errors relating to the date upon which the initial members take office.
HB 44, By Representatives Patten of the 149th, Reaves of the 147th and Golden of the 148th:
A bill to amend an Act creating the State Court of Lowndes County, as amended, so as to provide that the judge of the state court shall be a fulltime judge and may not engage in the private practice of law.
SB 16. By Senator Kidd of the 25th:
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 procedures applicable to the processing of claims against the state; to authorize the introduction of compensation resolutions in the Senate; to change the provisions relating to hearings of the Claims Advisory Board.
SB 17. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to change the provisions relating to the accumulation and utilization of sick leave; to repeal certain provisions relating to disapproval of sick leave and procedures for contesting disapproval.
SB 18. By Senator Kidd of the 25th:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, so as to provide that such article shall apply to all elected public officers; to provide for a definition; to provide an effective date.
SB 22. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the regulation of campaign literature under the "Ethics in Government Act"; to provide for identification requirements; to require certain authorization for the endorsing, circulating, or publishing of campaign material; to repeal Code Sections 21-2-415 and 21-3-322, relating to identification requirements of certain campaign literature.
SB 23. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employees of the state to engage in political activities under certain conditions.
SB 25. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Elections Code," so as to provide that certain nomination petitions and petitions to qualify political bodies to nominate certain candidates by convention shall consist of cards each of which shall contain only one signature; to provide for information to be contained on such cards; to provide for procedures with respect to the foregoing.
TUESDAY, JANUARY 29, 1991
227
SB 42. By Senator Egan of the 40th:
A bill to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law," so as to allow for the validation of a maximum interest rate and a maximum annual principal and interest payment; to provide an effective date.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the Senate and House:
SR 13. By Senator Kidd of the 25th: A resolution proposing an amendment to the Constitution so as to provide that bills for raising or reducing revenue may originate in either house of the General Assembly; to provide for the submission of this amendment for ratification or rejection.
HR 120. By Representatives Poston of the 2nd, Murphy of the 18th, Walker of the 115th, Coleman of the 118th and Manner of the 131st: A resolution commending Georgia Citizens for the Arts.
HR 121. By Representatives Poston of the 2nd, Murphy of the 18th, Walker of the 115th, Coleman of the 118th and Hanner of the 131st: A resolution commending the Reverend Howard Finster.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 20. By Senator Kidd of the 25th: A bill to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to disclosure requirements of certain persons accepting contributions or making expenditures on behalf of candidates, so as to provide that political action committees shall be subject to the same disclosure requirements as a candidate; to provide an effective date.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 16. By Senator Kidd of the 25th:
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 procedures applicable to the processing of claims against the state; to authorize the introduction of compensation resolutions in the Senate; to change the provisions relating to hearings of the Claims Advisory Board.
Referred to the Committee on Appropriations.
SB 17. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration, so as to change the provisions relating to the accumulation and utilization of sick leave; to repeal certain provisions relating to disapproval of sick leave and procedures for contesting disapproval.
Referred to the Committee on Governmental Affairs.
228
JOURNAL OF THE HOUSE,
SB 18. By Senator Kidd of the 25th:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, so as to provide that such article shall apply to all elected public officers; to provide for a definition; to provide an effective date.
Referred to the Committee on Governmental Affairs.
SB 20. By Senator Kidd of the 25th:
A bill to amend Code Section 21-5-31 of the Official Code of Georgia Annotated, relating to disclosure requirements of certain persons accepting contributions or making expenditures on behalf of candidates, so as to provide that political action committees shall be subject to the same disclosure requirements as a candidate; to provide an effective date.
Referred to the Committee on Governmental Affairs.
SB 22. By Senator Kidd of the 25th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the regulation of campaign literature under the "Ethics in Government Act"; to provide for identification requirements; to require certain authorization for the endorsing, circulating, or publishing of campaign material; to repeal Code Sections 21-2-415 and 21-3-322, relating to identification requirements of certain campaign literature.
Referred to the Committee on Governmental Affairs.
SB 23. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to conflicts of interest, so as to authorize officers and employees of the state to engage in political activities under certain conditions.
Referred to the Committee on Governmental Affairs.
SB 25. By Senator Kidd of the 25th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Elections Code," so as to provide that certain nomination petitions and petitions to qualify political bodies to nominate certain candidates by convention shall consist of cards each of which shall contain only one signature; to provide for information to be contained on such cards; to provide for procedures with respect to the foregoing.
Referred to the Committee on Governmental Affairs.
SB 42. By Senator Egan of the 40th:
A bill to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law," so as to allow for the validation of a maximum interest rate and a maximum annual principal and interest payment; to provide an effective date.
Referred to the Committee on Banks & Banking.
TUESDAY, JANUARY 29, 1991
229
SB 63. By Senator Kidd of the 25th:
A bill to amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, as amended, so as to change the provisions relating to the compensation of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 64. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the compensation of the mayor and aldermen of said city.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 13. By Senator Kidd of the 25th:
A resolution proposing an amendment to the Constitution so as to provide that bills for raising or reducing revenue may originate in either house of the General Assembly; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.
Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 9. By Representative Lane of the 27th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling.
The following substitute, offered by Representative Lane of the 27th, was read:
A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Boxing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate professional boxing and professional wrestling; to define certain terms; to provide for the appointment of the members of the commission and their powers and duties; to provide for the licensing of promoters, boxers, trainers, managers, seconds, judges, referees, timekeepers, and announcers; to provide for license fees; to require promoters to provide performance bonds; to provide for the suspension or revocation of licenses; to require physical examination of professional boxers and to provide for other safety measures for professional boxers; to provide safe places for the holding of matches and exhibitions; to restrict certain minors as spectators or contestants; to regulate the sale of tickets; to require financial reports from promoters; to provide for state officials at professional boxing matches; to prohibit certain activities and conduct; to provide civil and criminal penalties; to provide for applicability; to provide for repeal and for the abolition of the State Boxing and Wrestling Commission on a certain date; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
230
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in its entirety Chapter 31, relating to boxing matches and the State Boxing Commission, and inserting in lieu thereof a new Chapter 31 to read as follows:
"CHAPTER 31
31-31-1. As used in this chapter, the term: (1) 'Commission' means the State Boxing and Wrestling Commission, (2) 'Local license' means any license required to be obtained from a county or
municipality in order to hold a professional boxing match or wrestling exhibition within such county or municipality.
(3) 'Professional boxing match' means an event in the State of Georgia in which boxers compete for a monetary prize and shall include kick boxing or contact karate.
(4) 'Promoter' means a person, firm, or corporation which promotes or conducts a professional boxing match or wrestling exhibition.
(5) 'Wrestling exhibition' means a performance of wrestling skills and techniques by two or more professional wrestlers, to which any admission is charged or which is to be broadcast or televised, in which the participating wrestlers are not required to use their best efforts in order to win and for which the winner may have been selected before the performance commences. 31-31-2. (a) The State Boxing and Wrestling Commission is created which shall have concurrent jurisdiction with county and municipal governments to license the promotion or holding of each professional boxing match and wrestling exhibition promoted or held within this state. (b) The commission shall be composed of seven members appointed by the Governor. The five members of the State Boxing Commission serving on June 30, 1991, shall continue to serve out the terms of office for which they were appointed but shall serve out such terms as members of the State Boxing and Wrestling Commission. The two additional members of the State Boxing and Wrestling Commission shall be appointed for initial terms of two years. Thereafter, all successors shall be appointed for terms of four years. Vacancies shall be filled for the unexpired term under the same procedures and requirements as appointments for full terms. (c) The commission shall elect a chairman from among its own membership for a term of two years and successor chairmen shall hold office for terms of two years. The commission may elect a vice-chairman from its membership for such term as the commission may determine. Any member serving as chairman shall be eligible for successive election to such office by the commission. (d) Each member of the commission shall be reimbursed for expenses and travel as provided for members of various state examining boards in subsection (f) of Code Section 43-1-2. (e) The commission has the authority to license participants in any professional boxing match held in the State of Georgia. No referee, judge, timekeeper, announcer, boxer or boxer's trainer, manager, or second may participate in a professional boxing match in this state without a current, unrevoked license issued by the commission. Licenses shall be issued biennially and shall expire on December 31 of the following year. Each applicant for a license shall, before a license is issued by the commission, pay to the commission an annual license fee in an amount to be determined by the commission. (f) The commission has the authority to direct, manage, control, and supervise all professional boxing matches. It may promulgate and enforce rules and regulations for the holding of professional boxing matches and for the effective administration of this chapter. (g) The commission may appoint inspectors as duly authorized representatives of the commission who shall be present at all professional boxing matches. An inspector or other duly authorized representative of the commission must be present at the weigh-in and at the ring during the conduct of a boxing match. Inspectors and other duly authorized representatives of the commission shall have free access to the dressing room of the boxers.
TUESDAY, JANUARY 29, 1991
231
(h) The commission may designate physicians as duly authorized representatives of the commission to conduct physical examinations of boxers licensed under this chapter. The commission shall, wherever feasible, designate a physician who is a resident of the county in which the exhibition is to be held.
(i) The commission or any agent duly designated by the commission may make investigations. The commission may hold hearings, issue subpoenas to compel the attendance of witnesses and the production of books, papers, and records, and administer oaths to and examine any witnesses for the purpose of determining any question coming before it under this chapter or under the rules and regulations adopted pursuant thereto.
(j) The commission shall be assigned to the Department of Natural Resources for administrative purposes only, as provided in Code Section 50-4-3, relating to assignments for administrative purposes.
31-31-3. (a) Before any person, firm, or corporation shall promote or hold a professional boxing match within the state, it shall first be necessary to obtain, in addition to any local license that may be required, a state promoter's license from the commission. The applicant shall make application to the commission on a form provided for such purpose by the commission. The application shall be accompanied by a check made out to the State Boxing and Wrestling Commission in the amount of $150.00, which shall be a nonrefundable fee. The application shall also be accompanied by an additional fee in the form of a certified check in an amount to be determined by the commission.
(b) The chairman of the commission, upon receiving an application for promotion of a professional boxing match and checks along with proof that all required licenses have been issued, shall, within ten days of receiving same, call a meeting of the commission for the purpose of approving or rejecting the application. The application shall also be accompanied by a performance bond in an amount and on such conditions as the commission may require. The commission may accept, on such conditions as it may require, a cash bond or a cashier's check in lieu of a performance bond. At the discretion of the commission, the fee or any portion thereof may be waived if the major portion of the gross receipts of any boxing match goes to charity. The meeting shall be held at a place designated by the chairman within 20 days of the chairman's call.
(c) The commission shall meet on call of the chairman or upon the call of any three members and shall decide by majority vote whether or not to issue any state license requested under this Code section. The commission is authorized to inquire into the financial backing of any professional boxing match and to obtain answers to written or oral questions propounded to the applicant or others associated with such match. The commission shall not issue the requested state license unless:
(1) Any required local license has first been issued to the applicant, which local license remains valid and unrevoked; and
(2) The commission has determined, on the basis of facts submitted or available
to it, that no harm to the health, welfare, morals, or safety of the citizens of Georgia
will result from the holding of such match.
(d) Notwithstanding any other provisions of this Code section, the commission may
deny a license to any person who has been convicted of a felony or any crime involving
moral turpitude or who has previously violated any provisions of this chapter.
31-31-4. (a) Before any person, firm, or corporation shall promote or hold a
wrestling exhibition within the state, it shall first be necessary to obtain a state
wrestling promoter's license from the commission which will be valid only for the year
in which it is issued. The applicant shall make application to the commission on a form
provided for such purpose by the commission. The application shall be accompanied by
a check made out to the State Boxing and Wrestling Commission in the amount of
$150.00, which shall be a nonrefundable fee.
(b) The commission upon receiving an application for a wrestling promoter's license
shall, within 30 days of receiving same, approve or reject the application.
(c) Licenses issued under this Code section shall be valid for one year unless sus-
pended or revoked as provided in Code Section 31-31-5. All licenses issued under this
232
JOURNAL OF THE HOUSE,
Code section shall be renewable annually in the manner prescribed by rules and regulations of the commission upon the payment of a renewal fee as determined by the commission.
(d) Notwithstanding any other provisions of this Code section, the commission may deny a license to any person who has been convicted of a felony or any crime involving moral turpitude or who has previously violated any provisions of this chapter.
31-31-5. (a) The commission may, by majority vote, after prior notice to the holder of any state license and after affording such a holder an opportunity to be heard, revoke, suspend, or take other disciplinary action against the state license holder for violations of this chapter or rules and regulations of the commission.
(b) The commission may refund any portion of the fee for the state promoter's license for promotion of a professional boxing match in excess of $150.00 in the event the professional boxing match is not held.
(c) The commission shall have the power to suspend temporarily any license until final determination by the commission when in its opinion such action is necessary to protect the public welfare and the best interest of boxing or wrestling. Such suspension may be without advance hearing, but the suspended licensee may apply to the commis-
sion for a hearing on the matter to determine if such suspension should be revoked. Such application for a hearing must be in writing and must be received by the commis-
sion within 30 days after the date of suspension. Upon receipt of such written request, the commission shall set the matter for hearing within ten days.
(d) In addition to its authority under other provisions of this chapter to suspend or revoke a license, the commission shall have authority to assess fines not to exceed
$25,000.00 for each violation of any of the provisions of this chapter or any of the rules or regulations of the commission.
31-31-6. Every contestant competing under the terms of this chapter or regulation of the commission shall be entitled to receive and shall receive a copy of a written contract
or agreement approved as to form by the commission binding the promoter or licensee to pay the contestant a certain fixed fee or percentage of the gate receipts.
31-31-7. (a) All professional boxers must be examined by a physician designated by
the commission before entering the ring and each such physician shall immediately file with the commission a written report of such examination. The commission may at any
time require a licensed boxer to undergo a physical examination, including any neurological or neuropsychological test or procedure. A physician approved by the com-
mission must be in attendance at every professional boxing match and observe the physical condition of the boxers and advise the referee with regard thereto.
(b) (1) It shall be unlawful for any professional boxer to participate or attempt to participate in a boxing match while under the influence of alcohol or any drug.
(2) A professional boxer shall be under the influence of alcohol or a drug for the purposes of paragraph (1) of this subsection if:
(A) A physical examination of the professional boxer provided for by subsection (a) of this Code section reveals that the professional boxer's mental or physical abil-
ity is impaired in any way as a direct result of the use of alcohol or a drug; and (B) The physical examination of the professional boxer was made during a
period of time beginning not more than six hours prior to the beginning of the box-
ing match and ending not more than one hour after the completion of the boxing match.
31-31-8. All buildings or structures used or intended to be used for holding or giving professional boxing matches shall in all manner conform to the laws, ordinances, and
regulations pertaining to buildings in the city or unincorporated county area where the building or structure is situated.
31-31-9. No person under the age of 18 years shall participate as a contestant in any
professional boxing match. 31-31-10. (a) (1) It shall be unlawful for any person, firm, or corporation to pro-
mote or hold a professional boxing match or wrestling exhibition without having first obtained a state license from the commission or to continue to promote or hold a box-
ing match or wrestling exhibition in this state without valid and current state and required local licenses covering such match.
TUESDAY, JANUARY 29, 1991
233
(2) (A) It shall be unlawful for any person, firm, or corporation to make or disseminate or cause to be made or disseminated before the public in this state, in any newspaper or other publication, radio, television, or advertising device, or by public outcry or proclamation or any other manner or means whatever, any statement concerning the purse, stakes, reward, compensation, or award to be given to any participants in a boxing match which is untrue or fraudulent and which is known or which by the exercise of reasonable care should be known to be untrue or fraudulent.
(B) Nothing in this paragraph shall apply to any visual or sound broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of printed advertising who broadcasts, telecasts, publishes, or prints such advertisement in good faith without knowledge of its false or fraudulent character. (b) Violations of this chapter shall be punished as for a misdemeanor. (c) The commission shall adopt rules and regulations to enforce the provisions of this chapter. The rules of the State Boxing Commission in effect on June 30, 1991, shall continue to be applicable until otherwise changed by the State Boxing and Wrestling Commission created in Code Section 31-31-2. (d) Whenever it shall appear to the commission that a professional boxing match will be held in violation of this chapter, 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 professional boxing match. In any such action, an order or judgment may be entered awarding such preliminary or final injunctions as may be deemed proper. 31-31-11. (a) This chapter does not apply to amateur boxing contests. (b) This chapter does not apply to amateur boxing matches sponsored by the United States of America Amateur Boxing Federation. 31-31-12. This chapter shall stand repealed in its entirety on June 30, 1997, and on that date the State Boxing and Wrestling Commission shall stand abolished."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment, offered by Representative Stancil, was read and withdrawn:
Representative Stancil of the 8th moves to amend the Floor substitute to HB 9 as follows:
Page 8 line 31 strike word "boxer" substitute word "contestant". Line 32 page 8 strike word boxing. Page 9 line 1 strike word "boxer" substitute word "contestant". Page 9 lines 5, 7, 11 strike word "boxer" substitute contestant. Page 9 lines 13 & 15 strike "boxing".
The Floor substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams NAiken YAlford N Atkins
Baker Y Balkcom N Barfoot
Bargeron Y Baroett,B
Y Barnett,M Y Bates Y Beatty N Benefield Y Birdsong
N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks N Brown N Brush N Buck Y Buckner
234
JOURNAL OF THE HOUSE,
YByrd Y CampbeU
Y Canty YCarreU
N Carter Y Chafm Y Chambleas N Cheeks N Childers N Clark.E N Clark,H Y Clark.L N Coker
Coleman Colwell Y ConneU N Culbreth N CummingsJB N Cummings.M
N Davis,G N Davis,M Y Don,H N Dixon,S YDobbs
Dover Dunn
Edwards Y Elliott Y Felton
Fennel N Floyd,J.M
N Floyd,J.W
YFlynt NGodbee N Golden
YGoodwin Y Green E Greene N Griffin E Groover Y Hamilton Y Hatnmond Y Banner Y Harris,B Y HarrisJ N Heard
Y Henson Y Herbert N Hightower Y Holland
N Holmes N Howard Y Hudson Ylrwin Y Jackson Y Jamieson
N Jenkins N Jones
Y Kilgore NKing N Kingston N Klein
YLadd Y Lane,D NLane.R
N Langford Y Lawrence Y Lawson NLee
YLong NLord N Lucas
Y Lupton NMann Y Martin
NMcCoy Y McKelvey
McKinney.B N McKinney.C N Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger N Moultrie N Mueller
N Oliver.C Y Oliver.M
NOrr Y Orrock N Padgett
Parham Y Parrish N Patten
N Pelote N Perry N Pettit Y Pinholster
Y Pinkston NPoag Y Porter
N Poston Y Powell,A N PoweU.C Y Purcell N Randall
Ray Reaves Redding Y Ricketeon Y Royal
Y Selman Y Sherrill N Simpson N Sinkfield
Y Skipper Y Smith.L Y Smith.P
Y Smith,T N Smith,W N Smyre N Snow
N Stancil,F Y Stancil.S N Stanley Y Stephens Y Streat Y Taylor
Teper N Thomas.C Y Thomas,M N Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan Y Walker,J Y Walker,L YWall Y Ware
Y Watson Y Watts
N White N Wilder Y Williams,B
Williams.J N Williams,R
Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 91, nays 70.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Poston of the 2nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Wilder of the 21st gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 9.
HB 78. By Representatives Buck of the 95th and Cummings of the 17th:
A bill to amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to members of the Teachers Retirement System of Georgia who are eligible to participate in the optional retirement plan of the Board of Regents of the University System of Georgia, so as to clarify the provisions relating to the accumulated contributions of members who elect or have elected to participate in said optional retirement plan.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to members of the Teachers Retirement System of Georgia who are eligible to participate in the optional retirement plan of the Board of Regents of the University System of Georgia, so as to clarify the provisions relating to the accumulated contributions of members who elect or have elected to participate in said optional retirement plan; to provide that participants in the optional retirement plan may transfer accumulated contributions to the optional retirement plan to purchase benefits thereunder; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
TUESDAY, JANUARY 29, 1991
235
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to members of the Teachers Retirement System of Georgia who are eligible to participate in the optional retirement plan of the Board of Regents of the University System of Georgia, is amended by striking subsection (c) of said Code section in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Members of the retirement system provided for in this chapter who are were eligible university system employees on July 1, 1990, shall have the option to withdraw from this retirement system and participate in the optional retirement plan provided for in Chapter 21 of this title. Any member Members exercising said option, which shall be irrevocable, shall forfeit all rights under this retirement system except that they shall have the right to receive a refund of have their accumulated contributions pursuant te
tnG pfOVlSlOIlS Or v^OOC bCCtiOft 4TTMoTMiccJ^ ftfifl tt M SpCdfiCftily pFOVlClCu tflftt 9&1Q. OOCrc
Section 47-3-128 sfeaH apply te any stiek withdrawing member under this retirement system transferred to the optional retirement plan. Upon such election's becoming effective, the board of trustees shall transfer the member's accumulated contributions directly to the optional retirement plan to purchase benefits thereunder and the funds so transferred will not be made available to the member except as a participant in the optional retirement plan. The option provided for in this Code section shall be exercised by filing a written notification thereof with the board of trustees and with the employer by not later than October 1; 1996 July 31, 1991. The effective date of the option and transfer for each member who elects to become a new participant in the optional retirement plan shall be August L. 1991. The failure to exercise the option by that date July 31, 1991, shall be an irrevocable election to remain a member of this retirement system."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (e) to read as follows:
"(e) Any former member of this retirement system who is presently a participant in the optional retirement plan provided for in Chapter 21 of this title shall have the right to have the former member's accumulated contributions to this retirement system transferred to said optional retirement plan. Such right shall be exercised by filing a written notification thereof with the board of trustees by not later than July 31, 1991. After receiving such notification, the board of trustees shall, by not later than October 1, 1991, transfer the former member's accumulated contributions directly to the optional retirement plan to purchase benefits thereunder and the funds so transferred will not be made available to the former member except as a participant in the optional retirement plan."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams YAiken YAlford Y Atkins Y Baker YBalkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett,M
Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Brush
Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks
Y Childers
Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M
Y Davis.G
Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Fennel
236
JOURNAL OF THE HOUSE,
Y FloydJ.M YFloyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin E Groover Y Hamilton Y Hammond Y Banner YHartis,B YHarris,J
Heard YHenson Y Herbert YHightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jaraieson YJenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Y Merritt Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y MueUet Y Oliver.C Y Oliver.M Y On Y Otrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell,A
Y Powell.C Y PurceU Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Smith,P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil,? Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 16. By Representative Lane of the 27th
A RESOLUTION
Proposing an amendment to the Constitution so as to require that when local Acts of the General Assembly repeal constitutional amendments applicable to particular political subdivisions, each such local Act shall be conditioned for its effectiveness on approval by a majority of the qualified voters voting thereon in the particular political subdivision or subdivisions affected by the amendment; 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 XI, Section I, Paragraph IV of the Constitution is amended by striking subparagraph (b) in its entirety and substituting in lieu thereof a new subpara-
graph (b) to read as follows: "(b) Any amendment which is continued in force and effect after July 1, 1987, pur-
suant to the provisions of subparagraph (a) of this Paragraph shall be continued in force and effect as a part of this Constitution, except that such amendment may thereafter be repealed but may not be amended. The repeal of any such amendment shall be accomplished by_ local Act of the General Assembly, the effectiveness of which shall be conditioned on its approval by a majority of the qualified voters voting thereon in the particular political subdivision or subdivisions affected by the amendment."
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 require that when local Acts of the General Assembly repeal constitutional amendments applicable to particular political subdivisions, each such local Act shall be conditioned for its effectiveness on approval by a majority of the qualified voters voting thereon in the particular political subdivision or subdivisions affected
by the amendment?"
TUESDAY, JANUARY 29, 1991
237
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter YChafin Y Chambless Y Cheeks N Childers Y Clark,E Y Clark.H
Y Clark,L
Y Coker Coleman
Y Colwell Y Connell Y Culbreth Y Curomings,B Y Cummings,M Y Davis,G Y Davis,M N Don,H Y Diion,S Y Dobbs Y Dover YDunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden
Goodwin Y Green E Greene Y Griffin E Groover Y Hamilton Y Hammond
Y Manner Y Harris,B Y Harris^
Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R YLangford Y Lawrence YLawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett YParham Y Parrish Y Patten N Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Porter
Y Poston Y PowelU Y Powell,C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S
Y Stanley Y Stephens Y Streat Y Taylor YTeper
Y Thomas.C Y Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend
Y Turnquest NTwiggs Y Valenti
Y Vaughan Y Walker,J Y Walker,L YWall YWare Y Watson
Y Watts White
Y Wilder
Y Williams,B Y WUliams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 164, nays 5.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
By unanimous consent, HR 16 was ordered immediately transmitted to the Senate.
HB 173. By Representatives Lee of the 72nd, Groover of the 99th and Walker of the 115th:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change provisions relating to succession to the office of Clerk of the House.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
238
JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot
Bargeron Y Bamett,B Y Barnett.M Y Bates YBeatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y CampbeU
Canty YCarreU
Y Carter YChafm Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark,H
Y Clark,L Y Coker
Y Coleman Y Colwell
Y ConneU Culbreth
Y Cummings,B Y Cummings,M Y Davis,G Y Davis.M Y Dixon,H Y Dixon.S Y Dobbs Y Dover YDunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin E Groover Y Hamilton Y Hammond
Y Manner Y Harris,B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard
Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Y Poston Y PowelLA Y Powell,C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson
Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens
Y Streat Taylor
YTeper Y Thomas.C Y Thomas.M Y Thomas,N
Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest YTwiggs
Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams^ Y WiUiams,R
Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 170, nays 0. The Bill, having received the requisite constitutional majority, was
HB 47. By Representative Pinkston of the 100th:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the minimum amount of check dishonor fee; to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of the service charge.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
YBarfoot Y Bargeron Y Bamett,B Y Barnett.M
Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove
N Brooks N Brown
Y Brush
YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafm Y Chambless Y Cheeks
Y Childers Y Clark,E Y Clark,H Y Clark,L
Y Coker Y Coleman Y Colwell Y ConneU
Y Culbreth Y Cummings.B
CummingstM
Y Davis.G Y Davis.M Y Duton,H
Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
Y Elliott Y Felton Y Fennel
TUESDAY, JANUARY 29, 1991
239
YFloydJ.M YFloyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green EGreene Y Griffin E Groover
Hamilton YHammond
Hanner YHarris.B YHarris^J Y Heard YHenson Y Herbert YHightower Y Holland Y Holmes N Howard Y Hudson Y Irwin Y Jackson
Y Jamienon YJenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows
Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M Y On Y Orrock Y Padgett Y Parham Y Fairish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell,A
Y Powell.C Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith.P
Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs N Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts N White Y Wilder Y Williams,B N Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 162, nays 6. The Bill, having received the requisite constitutional majority, was passed.
The Speaker Pro Tern assumed the Chair.
HB 218. By Representatives Alford of the 57th, Oliver of the 53rd and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to provide for the preparation, filing, availability, and public notice of the Authority's annual report and certain listings.
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
YAbernathy Y Adams YAiken Y Alford Y Atkins Y Baker YBalkcom YBarfoot Y Bargeron Y Barnett,B YBarnett,M Y Bates YBeatty Y Benefield YBirdsong YBlitch Y Bordeaux YBoatick Y Branch YBreedlove Y Brooks Y Brown Y Brush YBuck YBuckner
Y Byrd Y Campbell Y Canty YCarrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Davis.G Y Davis,M Y Dixon.H YDUon.S YDobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y FloydJ.W YFlynt Y Godbee Y Golden Y Goodwin Y Green EGreene Y Griffin E Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert YHightower Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson YJenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Lupton Y Mann Y Martin
Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Merritt Y Milam Y Mills Y Mobley
Moody Y Moraberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
240
JOURNAL OF THE HOUSE,
Pinkston Y Pong Y Porter YPoston
Y Powell,C Y Puicell YRandall YRay Y Reaves Y Redding
Y Ricketaon Y Royal YSelman
Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P
Smith.T Y Smith,W
Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas,C Y Thomas,M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J
Y Walker,L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Teper of the 46th stated that he had heen called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 152. By Representatives Godbee of the 110th and Lane of the lllth:
A resolution commending the Georgia Southern University football team for winning the 1990 NCAA Division I-AA national championship and inviting the members of the team to appear before the House of Representatives.
HR 153. By Representatives Godbee of the 110th and Lane of the lllth:
A resolution commending Georgia Southern University Head Coach Tim Stowers and inviting him to appear before the House of Representatives.
HR 154. By Representatives Titus of the 143rd, Royal of the 144th and Long of the 142nd:
A resolution honoring Nikki Robinson, 1990 Georgia Occupational Award of Leadership (GOAL) recipient and inviting her to appear before the House of Representatives.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 221. By Representatives Alford of the 57th, Oliver of the 53rd and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to provide that the interest income from certain reserve funds may be used to pay operating costs until June 30, 1994.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
YAbemathy Y Adams YAiken Y Alford
Y Atkins Y Baker Y Balkcom YBarfoot
Y Bargeron Barnett,B
Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove
TUESDAY, JANUARY 29, 1991
241
Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty YCarrell Y Carter YChafm Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark,H Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Davis.G Y Davis,M Y Dixon.H Y Don,S Y Dobbs Y Dover Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee
Y Golden Y Goodwin Y Green
E Greene Y Griffin E Groover Y Hamilton Y Hammond
Y Manner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
YMcCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr
YOrrock Y Padgett YParham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
N Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson
Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P Y Smith.T Y Smith,W Y Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest YTwiggs Y Valenti Y Vaughan Y WalkerJ Y Walker,L Y Wall YWare
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 167, nays 1. The Bill, having received the requisite constitutional majority, was passed.
Representative Poston of the 2nd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 219. By Representatives Alford of the 57th, Oliver of the 53rd and Lane of the 27th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to provide clarification of the jurisdiction granted to the Authority's security and police force and to provide for qualifications and powers and grant immunity to officers of such force.
Representative Tolbert of the 58th moved that HB 219 be recommitted to the Committee on State Planning and Community Affairs.
On the motion, the roll call was ordered an the vote was as follows:
N Abernathy N Adams N Aiken N Alford N Atkins N Baker N Balkcom NBarfoot N Bargeron N Barnett.B Y Barnett.M
N Bates NBeatty
N Benefield N Birdsong
N Blitch Y Bordeaux
N Bostick N Branch Y Breedlove
N Brooks N Brown Y Brush
NBuck N Buckner YByrd N Campbell Y Canty Y Carrell N Carter
N Chafin N Chambless N Cheeks N Childers N Clark,E N Clark,H N Clark.L Y Coker
Coleman N Colwell
Connell N Culbreth
Cummings,B N Cummings.M N Davis.G
Y Davis.M N Diion.H
Dkon.S
N Dobbs Dover
N Dunn N Edwards N Elliott
Felton N Fennel N Floyd,J.M N FloydJ.W N Flynt NGodbee N Golden
N Goodwin N Green
E Greene N Griffin E Groover
N Hamilton N Hammond
Hanner N Harris,B N Harris.J
Y Heard N Henson N Herbert N Hightower N Holland
242
N Holmes N Howard N Hudson NIrwin N Jackson N Jamieson N Jenkins N Jones N Kilgore NKing N Kingston N Klein NLadd NLane.D NLane.R N Langford Y Lawrence N Lawson NLee
Long YLord
JOURNAL OF THE HOUSE,
N Lucas N Lupton YMann N Martin
NMcCoy N McKelvey N McKinney,B
N McKinney.C N Meadows N Merritt
Milam N Mills N Mobley N Moody N Morsberger N Moultrie Y Mueller N Oliver.C
N Oliver.M NOrr N Orrock
N Padgett NParham N Parrish N Patten N Pelote N Perry N Pettit Y Pinholster N Pinkston
NPoag N Porter N Poston N Powell,A N Powell,C N Purcell NRandall
Ray N Reaves Y Redding N Ricketson
N Royal
Y Selman N Sherrill
N Simpson N Sinkfleld N Skipper N Smith.L
N Smith,P N Smith.T Y Smith,W
N Smyre N Snow N Stancil,F Y Stancil.S
N Stanley Stephens
N Streat N Taylor N Teper
N Thomas.C Thomas.M
Y Thomas,N
N Thurmond
N Titus Y Tolbert N Townsend N Turnquest NTwiggs N Valenti N Vaughan N Walker,J N Walker.L N Wall
N Ware N Watson N Watts N White
N Wilder Williams.B
N Williams,J N Williams.R N Yeargin
Murphy,Spkr
On the motion, the ayes were 21, nays 143. The motion was lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Y Barnett,B N Barnett.M
Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
N Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
N Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks
Childers Y Clark.E
Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M
N Davis.G N Davis,M Y Dixon,H Y Dixon,S
Dobbs Y Dover
YDunn Y Kdwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee
Y Golden Y Goodwin
Y Green E Greene Y Griffin
E Groover Hamilton
Y Hammond
Y Hanner Y Harris.B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D YLane,R Y Langford Y Lawrence
Y Lawson YLee YLong YLord
Lucas Y Lupton Y Mann Y Martin Y McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Postal Y Powell,A Y Powell.C Y Purcell Y Randall
Ray Y Reaves
N Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith,L
Y Smith.P
Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil,S
Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus N Tolbert Y Townsend Y Turnquest YTwiggs Y Valenti
Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 159, nays 7. The Bill, having received the requisite constitutional majority, was
TUESDAY, JANUARY 29, 1991
243
Representative Clark of the 20th (Post 3) stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
HB 174. By Representative Reaves of the 147th:
A bill to amend Chapter 4 of Title 4 of the Official Code of Georgia Annotated, relating to prevention and control of disease in livestock, so as to provide for injunctions in connection with bovine diseases and swine mycobacteriosis and the practices and procedures connected therewith.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abemathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron
Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell Y Canty YCarrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark.L Y Coker Y Coleman
Y Colwell Connell
Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis.M
Y Dixon.H Y Dixon,S YDobbs Y Dover YDunn
Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green E Greene Y Griffin E Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd LaneJD
Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
YMcCoy McKelvey McKinney.B
Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell YRandall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith,L
Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow
Y Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker,L
Y Wall Ware
Y Watson
YWatta White
Y Wilder Y Williams,B Y Williams,J Y Williams,R
Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 177. By Representative Reaves of the 147th:
A bill to amend Code Section 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture relating to weights and measures, so as to delete certain provisions relating to packaged commodities.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
244
Y Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker YBalkcom
Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong YBlitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter YChafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
JOURNAL OF THE HOUSE,
Y Clark,L Y Coker Y Coleman
Y ColweU Connell
Y Culbreth Y Cummings,B Y Cummings.M
Y Davis.G Y Davis.M Y Don,H Y Don,S Y Dobbs
Dover Dunn Y Edwards Y EUiott Y Felton Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden
YGoodwin Y Green E Greene Y Griffin
E Groover Y Hamilton Y Hammond
Y Hanner Y Harris,B Y HarrisJ Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson
Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane,R Y Langtord Y Lawrence Y Lawson YLee
YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell,C Y Purcell YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y StanciLS
Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas,M
Thomas,N Y Thurmond Y Titus Y Tolbert
Y Townsend Turnquest
YTwiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson
Y Watts White
Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 256. By Representative Reaves of the 147th:
A bill to amend Article 2 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to certified public weighers, so as to repeal the provisions of Code Section 10-2-44, relating to surety bonds of certified public weighers; to amend Code Section 10-2-50, relating to weighing leaf tobacco and livestock, so as to correct a reference.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to certified public weighers, so as to repeal the provisions of Code Section 10-2-44, relating to surety bonds of certified public weighers; to amend Code Section 10-2-50, relating to weighing leaf tobacco and livestock, so as to correct a reference; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to certified public weighers, is amended by striking Code Section 10-2-44, relating to surety bonds of certified public weighers, and inserting in lieu thereof the following:
"10-2-44. Reserved."
TUESDAY, JANUARY 29, 1991
245
Section 2. Said article is further amended by striking Code Section 10-2-50, relating to weighing leaf tobacco and livestock, in its entirety and inserting in lieu thereof the following:
"10-2-50. (a) On and after March 9, 1956, all leaf tobacco sold, or offered for sale, in a tobacco warehouse shall be weighed by a bonded certified public weigher who has been licensed by the Commissioner after feeing bonded as required under Code Section
^A O AA i\J If lit
(b) Livestock of any kind sold or offered for sale at any sales or auction barn shall be weighed by a bonded certified public weigher who has been licensed by the Commissioner after feeing bended ea required ndf Code Seetien W-2-44."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams
Y Aiken
Y Alford
Y Atkins
Y Baker
Y Balkcom
YBarfoot
Y Bargeron Barnett.B
N Barnett.M Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter YChafin Y Chambless Y Cheeks
Y Childers Y Clark,E Y Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon,H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green E Greene Y Griffin E Groover
Hamilton Y Hammond
Y Banner Y Harris,B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Y Kingston Y Klein
YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Y Lupton
YMann Y Martin Y McCoy Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Merritt
YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Y Randall YBay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L
Y Smith,? Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker,J Y Walker.L YWall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J
Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Institutions and Property and referred to the Committee on Special Judiciary:
246
JOURNAL OF THE HOUSE,
HB 244. By Representatives Cummings of the 134th and Chambless of the 133rd:
A bill to amend Code Section 42-5-64 of the Official Code of Georgia Annotated, relating to educational programs for prisoners, so as to provide that prisoners who test below the fifth-grade level on standardized reading tests and who are incarcerated for a period of six months or longer shall be required to attend educational instruction.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on State Institutions and Property and referred to the Committee on Special Judi-
ciary:
HB 248. By Representatives Cummings of the 134th, Holmes of the 28th, Hightower of the 36th, Brooks of the 34th, McKinney of the 40th and others:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions in general, so as to provide that the Department of Corrections shall conduct random periodic unannounced testing for controlled substance, marijuana, and alcohol abuse by any inmate or personnel of a penal institution.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 33. By Representative Cummings of the 17th:
A bill to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to procedures controlling retirement bills in the General Assembly under the "Public Retirement Systems Standards Law," so as to require certification by the state auditor as a condition precedent to the introduction of any retirement bill, including a retirement bill having a fiscal impact.
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Y Bamett,B Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd
Y Campbell Y Canty
Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis,M
Y Dixon,H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Elliott
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green
E Greene Y Griffin
E Groover Y Hamilton
Y Hammond Manner
Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson
Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann
Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney,C
Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston
Y Powell,A
TUESDAY, JANUARY 29, 1991
247
Y Powell.C Y Purcell YRandall
YRy Y Reaves
Redding Y Ricketson Y Royal YSelman Y Sherrill
Y Simpson Sinkfield
Y Skipper Y Smith,L Y Smith,? Y Smith.T Y Smith,W YSmyre YSnow Y Stancil.F
Y Stancil,S Stanley
Y Stephens Y Streat Y Taylor YTeper
Y Thomas.C Y Thomas,M
Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan
Y Walker,J Y Walker,L Y Wall
Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B Y Willims,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 34. By Representative Cummings of the 17th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Public Retirement Systems Standards Law," so as to provide that a certain amendment to the law authorizing boards of trustees of retirement or pension systems to increase benefits to offset wholly or partially the taxation of such benefits under Georgia income tax laws shall not be subject to the said "Public Retirement Systems Standards Law".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom YBarfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Canty
Y Carrell Y Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings,B
Cummings.M Y Davis,G Y Davis,M Y Dijon,H Y Duron.S Y Dobbs Y Dover YDunn
Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y FloydJ.W YFlynt
Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin E Groover Y Hamilton Y Hammond Y Banner Y Harris,B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing
Y Kingston Y Klein YLadd Y Lane.D
Y Lane,R Y Langford Y Lawrence
Y Lawson YLee YLong YLord Y Lucas
Y Lupton YMann
Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C
Meadows Y Merritt
Milam Y Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett YParham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y PowelU Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T Y Smith,W
Y Smyre YSnow
Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M
Thomas.N Y Thurmond Y Titus
Y Tolbert Townsend
Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,J
Y Walker.L Y Wall YWare
Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.
248
JOURNAL OF THE HOUSE,
HB 35. By Representative Cummings of the 17th:
A bill to amend Code Section 47-1-30 of the Official Code of Georgia Annotated, relating to the authority of boards of trustees of public retirement systems to increase benefits to offset wholly or partially the taxation of benefits under Georgia income tax laws, so as to provide that the authority granted by said Code section shall apply to both present and future retirees and beneficiaries.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abemathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates YBeatty
Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell
Canty YCarrell Y Carter YChafm Y Chambless Y Cheeks Y Childere Y Clark,E Y Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M
Y Davis.G Y Davis,M
Y Diion,H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin E Groover Y Hamilton Y Hammond
Y Banner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson
Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane.D Y Lane,R Y Langtord Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann Y Martin
YMcCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr
Orrock
Y Padgett YParham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell.A Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson
Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L
Y Smith,? Y Smith.T Y Smith,W Y Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Y Thomas.M Thomas.N
Y Thurmond Titus
Y Tolbert Y Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder
Williams,B Y WilliamsJ
Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 40. By Representative Cummings of the 17th:
A bill to amend Code Section 47-2-141 of the Official Code of Georgia Annotated, relating to employer contributions made to the Employees' Retirement System of Georgia on behalf of members while in the armed forces under certain conditions, so as to provide that such employer contributions shall be made by employers and shall be paid into the pension accumulation fund.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
TUESDAY, JANUARY 29, 1991
249
Y Abernathy Y Adams Y Aiken Y Alford
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Brown
Y Brush
YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark,E
Y Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings,B Cummings, M
Y Davis.G Y Davis,M Y Dixon,H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton
Fennel
Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green E Greene Y Griffin E Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y HarrisJ Y Heard
Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane,D
YLane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y 01iver,M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell YRandall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith.P Y Smith,T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley
Y Stephens Y Streat Y Taylor YTeper
Y Thomas,C Y Thomas,M
Thomas,N
Y Thurmond Titus
Y Tolbert Y Townsend Y Turnquest YTwiggs
Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams,J Y William8,R Y Yeargin
Murphy, Spkr
On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was
HB 43. By Representative Cummings of the 17th:
A bill to amend Code Section 47-2-222 of the Official Code of Georgia Annotated, relating to the normal and accrued liability employer contribution rates for certain state departments, so as to change the provisions relating to the amount of such contributions.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abemathy
Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch
Y Breedlove
Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin
Y Chambless Y Cheeks Y Childera Y Clark,E Y Clark,H Y ClarkJL Y Coker
Y Coleman
Y Colwell Connell
Y Culbreth Y Cummings.B Y Cummings,M Y Davis,G Y Davis.M
Y Dixon,H Y Dixon,S Y Dobbs Y Dover
Dunn Edwards Y Elliott Y Felton Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin E Groover
Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y LaneJD Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong
250
JOURNAL OF THE HOUSE,
YLord Y Lucas Y Lupton YMann Y Martin
McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
YPoston
Y PoweU,A Y Powell,C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith,T
Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond
Titus Y Tolbert Y Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y WaU Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 7 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 114th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 187 Do Pass HB 215 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Parham of the 105th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow-
ing recommendations:
HB 32 Do Pass HB 122 Do Pass
HB 132 Do Pass HB 247 Do Pass
TUESDAY, JANUARY 29, 1991
251
Respectfully submitted, /s/ Parham of the 105th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 136 Do Pass HR 137 Do Pass
Respectfully submitted, M Lee of the 72nd
Chairman
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.
252
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, January 30, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Adams Aiken Alford Atkins Baker Balkcom Barfoot Bargeron Barnett,M Bates Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove Brooks Brown Buck Buckner Byrd Campbell Canty Carrell Carter Chafin Chambless CChheiledkesrs Clark,E Clark.H
Clark,L Coker Coleman Colwell Connell Culbreth Cummings.B Cummings.M Davis.M Diion,H Dixon,S Dobbs Dover Dunn Edwards Elliott Felton Fennel Floyd^J.M Floyd,J.W Flynt Godbee Golden Goodwin Green Griffin Hamilton Hammond Hanner HHaarrrriiss,,BJ Heard Henson
Herbert Hightower Holland Holmes Howard Hudson Irwin Jackson Jamieson Jenkins Jones Kilgore King Kingston Klein Ladd Lane,D Lane,R Langford Lawrence Lawson Lee Long Lord Lupton Mann McCoy McKelvey McKinney.B MMecaKdionwnesy.C Merritt Milam
Mills Mobley Moody Morsberger Moultrie Mueller Oliver.C Oliver.M Orr Orrock Padgett Parham Parrish Patten Pelote Perry Pettit Pinholster Poag Porter Poston Powell,A Powell.C Purcell j^y Reaves Redding PM~JL R, ^ Selman Shemll Simpson
Sinkfield Skipper Smith.L Smith,P Smith.T Smith,W Snow Stancil,F Stancil,S Stanley Stephens Taylor Teper Thomas.C Thomas,N Titus Tolbert Townsend Turnquest Twiggs Valenti Vaughan Walker,J Wall Watson Watts White Wilder WUiamsB ^Wilhaammss,.BR Yeargm Murphy.Spkr
Prayer was offered by the Reverend Richard F. Varnell, Sr., Pastor, Liberty United Methodist Church, Macon, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be
correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
WEDNESDAY, JANUARY 30, 1991
253
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 375. By Representatives Lawson of the 9th, Lee of the 72nd, Dover of the llth, Reaves of the 147th, Manner of the 131st and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions affecting both counties and municipal corporations, so as to declare the regulation of firearms to be an issue of state-wide concern; to preempt and prohibit local regulation by counties or municipal corporations in the field of possession, ownership, transportation, carrying, transfer, sale, purchase, licensing, and registration of firearms or ammunition and components.
Referred to the Committee on Public Safety.
HB 376. By Representatives Orrock of the 30th, Smyre of the 92nd, Poston of the 2nd, Teper of the 46th, Bostick of the 138th and others:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain conduct based on the status of a person.
Referred to the Committee on Judiciary.
HB 377. By Representatives Mueller of the 126th, Dixon of the 128th, Hamilton of the 124th, Pelote of the 127th, Bordeaux of the 122nd and others:
A bill to amend an Act creating the Board of Elections of Chatham County, so as to change the time period during which the chairman is appointed by the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 378. By Representatives Milam of the 81st and Ware of the 77th:
A bill to repeal an Act creating a board of elections and registration in Troup County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 379. By Representatives Jackson of the 9th, Colwell of the 4th and Orr of the 9th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide for home arrest programs for certain county offenders.
Referred to the Committee on State Institutions & Property.
254
JOURNAL OP THE HOUSE,
HB 380. By Representatives Jackson of the 9th, Colwell of the 4th and Orr of the 9th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide for work release programs for certain county inmates.
Referred to the Committee on State Institutions & Property.
HB 381. By Representatives Elliott of the 103rd, Lane of the 27th, Carter of the 146th and Heard of the 43rd:
A bill to amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste handling and disposal, so as to provide that no permit shall be issued to operate a biomedical waste thermal treatment technology facility in this state.
Referred to the Committee on Natural Resources & Environment.
HB 382. By Representatives Elliott of the 103rd, Carter of the 146th and Heard of the 43rd:
A bill to amend Article 1 of Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor common carriers, so as to provide that any motor common carrier shall obtain from the Georgia Public Service Commission a license plate for each registered vehicle.
Referred to the Committee on Motor Vehicles.
HB 383. By Representative Redding of the 50th:
A bill to amend Code Section 7-1-705 of the Official Code of Georgia Annotated, relating to the posting of notices of charges by licensed check cashers and other requirements, so as to revise the requirements for surety bonds to be maintained by certain licensed check cashers.
Referred to the Committee on Banks & Banking.
HB 384. By Representatives Clark of the 20th (Post 3), Wilder of the 21st and Davis of the 45th:
A bill to amend Code Section 18-4-21 of the Official Code of Georgia Annotated, relating to garnishments of money due officials and employees of the state and its political subdivisions, so as to require the state and its political subdivisions to charge reasonable expenses in making answers of garnishment.
Referred to the Committee on Special Judiciary.
HB 385. By Representative Redding of the 50th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to repeal certain provisions relating to the offense of sodomy and the penalty therefor.
Referred to the Committee on Special Judiciary.
WEDNESDAY, JANUARY 30, 1991
255
HB 386. By Representatives Stencil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act creating a new charter for the City of Holly Springs, 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.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 387. By Representatives Griffin of the 6th and Ricketson of the 82nd:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to provisions affecting insurance generally, so as to increase the amount for which a guaranteed arrest bond certificate may be issued.
Referred to the Committee on Insurance.
HB 388. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act providing for the membership of the Cherokee County Board of Education, as amended, so as to provide that a vacancy shall immediately exist in the office of any member of the board of education who moves his or her residence out of the education district such member was elected to represent.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 389. By Representatives Lucas of the 102nd, Clark of the 13th and Green of the 106th:
A bill to amend Code Section 31-7-263 of the Official Code of Georgia Annotated, relating to contested cases for licensure of directors of personal care homes for purposes of the "Georgia Administrative Procedure Act," so as to provide that hearing officers may have certain powers and duties in certain circumstances.
Referred to the Committee on Human Relations & Aging.
HB 390. By Representatives Griffin of the 6th and Floyd of the 154th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to issuance of bad checks, so as to change the definition of the offense of criminal issuance of a bad check; to provide that certain postdated checks may also be bad checks and provide conditions and procedures relating thereto.
Referred to the Committee on Special Judiciary.
HB 391. By Representative Simpson of the 70th:
A bill to amend Code Section 20-2-200 of the Official Code of Georgia Annotated, relating to the classification and certification of professional personnel employed in the public schools of Georgia, so as to waive certain fees for certificates when the certificate is based on the recommendation of the school superintendent of a local school system.
Referred to the Committee on Education.
256
JOURNAL OF THE HOUSE,
HB 392. By Representatives Baker of the 51st, Cummings of the 17th, Thomas of the 55th, Buckner of the 72nd and Pelote of the 127th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to authorize creditable service for unused sick leave which is accumulated at the time of retirement.
Referred to the Committee on Retirement.
HB 393. By Representative Barnett of the 59th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Annotated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience.
Referred to the Committee on Education.
HB 394. By Representatives Oliver of the 121st, Floyd of the 135th, Baker of the 51st, Coleman of the 118th, Groover of the 99th and others:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that when a spouse who is a designated beneficiary predeceases a retired member and the retired member remarries, the option applicable to the former spouse may be reestablished on behalf of the new spouse.
Referred to the Committee on Retirement.
HB 395. By Representative Royal of the 144th:
A bill to provide that, within the limits specified by general law, the Board of Commissioners of Mitchell County may, by resolution, change from time to time the number of members of the Mitchell County Hospital Authority, their terms of office, the manner of appointment, the method of filling vacancies, and all other matters relative to the membership of said authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 396. By Representatives Harris of the 84th, Barnett of the 10th and Parham of the 105th:
A bill to amend Code Section 35-1-4 of the Official Code of Georgia Annotated, relating to requirements for reporting stolen vehicles and license plates, so as to change certain reporting requirements.
Referred to the Committee on Motor Vehicles.
HB 397. By Representative Beatty of the 12th:
A bill to amend an Act to create a board of county commissioners for the County of Jackson, as amended, so as to provide that vacancies on the board of commissioners shall be filled as provided by general law.
Referred to the Committee on State Planning & Community Affairs - Local.
WEDNESDAY, JANUARY 30, 1991
257
HB 398. By Representatives Irwin of the 57th, Alford of the 57th and Henson of the 57th:
A bill to provide for an additional judge of the superior court of Rockdale Judicial Circuit.
Referred to the Committee on Judiciary.
HB 399. By Representatives Oliver of the 53rd, Felton of the 22nd, Sinkfield of the 37th, Herbert of the 76th, Selman of the 32nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council and provide for its duties and composition.
Referred to the Committee on Human Relations & Aging.
HB 400. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Williams of the 90th, Culbreth of the 97th and others: A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, so as to provide for purpose and construction; to revise provisions regarding formation of health care corporations.
Referred to the Committee on Insurance.
HB 401. By Representatives Kingston of the 125th, Smith of the 156th, Clark of the 20th (Post 3), Heard of the 43rd, Lawrence of the 49th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from the state sales and use tax, so as to change certain provisions relating to exemptions for certain food items.
Referred to the Committee on Ways & Means.
HB 402. By Representative Aiken of the 21st:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the protection and preservation of certain cemeteries and burial grounds; to repeal Code Section 36-60-6, relating to the disturbing of a burial place in land development.
Referred to the Committee on State Planning & Community Affairs.
HB 403. By Representative Thomas of the 69th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that the annual advertisement of the date of the monthly board meeting may be published in a newspaper having a general circulation in the county at least equal to that of the legal organ of the county.
Referred to the Committee on Education.
HB 404. By Representative Aiken of the 21st:
A bill to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs under the "Quality Basic Education Act," so as to require each local board of education to adopt a policy concerning the delivery of educational programs or courses of instruction which expose pupils to certain psychiatric or psychological methods.
Referred to the Committee on Education.
258
JOURNAL OF THE HOUSE,
HB 405. By Representatives Barnett of the 59th, Langford of the 7th, Adams of the 79th, Meadows of the 91st and Lord of the 107th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions concerning child custody proceedings, so as to change the age at which a child shall have the right to select the parent with whom he or she desires to live.
Referred to the Committee on Judiciary.
HB 406. By Representatives Orrock of the 30th, Martin of the 26th, Brown of the 88th, Turnquest of the 56th and Bordeaux of the 122nd:
A bill to amend Code Section 34-9-281 of the Official Code of Georgia Annotated, relating to prerequisites to compensation for occupational disease, so as to extend the time period for filing of claims resulting from occupational disease.
Referred to the Committee on Industrial Relations.
HB 407. By Representatives Orrock of the 30th, Martin of the 26th, Oliver of the 53rd, Brown of the 88th, Bordeaux of the 122nd and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions concerning workers' compensation, so as to make it unlawful for any employer or agent of such employer to discharge, discipline, or otherwise penalize an employee because the employee asserts or exercises certain rights.
Referred to the Committee on Industrial Relations.
HB 408. By Representatives Martin of the 26th, Parham of the 105th, Ware of the 77th, Holmes of the 28th, Porter of the 119th and others:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to permit psychologists to perform certain acts which physicians may perform in the examination, evaluation, admission, treatment, habilitation, detention, and discharge of and other functions relating to mentally ill, mentally retarded, and alcoholic and drug dependent persons; to provide patients and clients with the ability to secure the services of a private psychologist.
Referred to the Committee on Health & Ecology.
HB 409. By Representatives Snow of the 1st, Murphy of the 18th, McCoy of the 1st, Perry of the 5th, Harris of the 84th and others:
A bill to amend Code Section 42-8-26 of the Official Code of Georgia Annotated, relating to the qualifications and compensation of probation supervisors, so as to provide that a county or counties comprising a judicial circuit may supplement the compensation of probation supervisors in such circuit as authorized by local law.
Referred to the Committee on Appropriations.
HB 410. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to examination of county tax digests, so as to provide that an initial disapproval of a tax digest shall be deemed to be a conditional approval.
Referred to the Committee on Ways & Means.
WEDNESDAY, JANUARY 30, 1991
259
HB 411. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the examination of county tax digests, so as to revise and change provisions regarding the appeals of digest rejections.
Referred to the Committee on Ways & Means.
HB 412. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the examination of county tax digests, so as to revise and change provisions regarding the appeals of digest rejections.
Referred to the Committee on Ways & Means.
HB 413. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provisions regarding the filing of monthly and quarterly returns.
Referred to the Committee on Ways & Means.
HB 414. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-5-349.2 of the Official Code of Georgia Annotated, relating to procedure for appeals to the Ad Valorem Assessment Review Commission, so as to provide for additional assessments in certain cases involving disapproval by the state revenue commissioner of a subsequent digest.
Referred to the Committee on Ways & Means.
HB 415. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to examination of county tax digests, as to limit the circumstances under which taxes may be collected under a disapproved digest.
Referred to the Committee on Ways & Means.
HB 416. By Representative Pettit of the 19th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to appointment and qualifications of assistant district attorneys, so as to change a definition; to provide for the appointment by district attorneys of attorneys to perform certain duties regarding recovery of child support.
Referred to the Committee on Judiciary.
260
JOURNAL OF THE HOUSE,
HB 417. By Representatives Clark of the 20th (Post 3) and Ladd of the 44th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, so as to provide for the establishment of guardianships of limited or permanent duration as part of the proceedings for the appointment of emergency guardians and the conditions and procedures relating thereto.
Referred to the Committee on Judiciary.
HB 418. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Edwards of the 112th and Coleman of the 118th:
A bill to amend Article 4 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to miscellaneous provisions concerning transactions involving public property, so as to require State Properties Commission approval of all leases and rentals of real property under state ownership or state control.
Referred to the Committee on State Institutions & Property.
HB 419. By Representative Barnett of the 59th:
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 provide for the regulation of solid waste collection or disposal services when a county or municipality enters into or expands such services where such services are provided by certain private companies.
Referred to the Committee on State Planning & Community Affairs.
HB 420. By Representative Hammond of the 20th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax.
Referred to the Committee on Ways & Means.
HB 421. By Representatives Floyd of the 135th and Cummings of the 17th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to certain creditable service under the Employees' Retirement System of Georgia, so as to authorize creditable service for certain active duty military service.
Referred to the Committee on Retirement.
HB 422. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of vehicles, so as to remove the authorization for the issuance of special license plates for citizens band radio operators.
Referred to the Committee on Motor Vehicles.
WEDNESDAY, JANUARY 30, 1991
261
HB 423. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change the definition of "resident" with regard to registration and licensing requirements.
Referred to the Committee on Motor Vehicles.
HB 424. By Representatives McKinney of the 40th, Redding of the 50th, Davis of the 29th and Thomas of the 55th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to authorize additional state grants to hospital authorities for public health purposes.
Referred to the Committee on Health & Ecology.
HB 425. By Representatives McKinney of the 40th, Cummings of the 134th and McKinney of the 35th:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to penalties for driving under the influence of alcohol or drugs, so as to provide that a fourth or subsequent conviction for driving under the influence shall constitute a felony; to provide a penalty for a fourth or fifth conviction; to provide a penalty for a sixth or subsequent conviction.
Referred to the Committee on Judiciary.
HB 426. By Representative McKinney of the 40th:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to provide for legislative intent; to provide that a parent who is financially unable to provide child support because of involuntary unemployment shall not be imprisoned for nonpayment of child support.
Referred to the Committee on Special Judiciary.
HB 427. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Edwards of the 112th and Groover of the 99th:
A bill to amend Code Section 28-1-4 of the Official Code of Georgia Annotated, relating to the oath of office for members of the General Assembly, so as to authorize judges of the state courts to administer the oath of office to members of the General Assembly.
Referred to the Committee on Judiciary.
HR 155. By Representative Oliver of the 53rd: A resolution designating the J. Carrell Larmore Probation Detention Center.
Referred to the Committee on State Institutions & Property.
262
JOURNAL OF THE HOUSE,
HR 156. By Representatives Watts of the 41st and Murphy of the 18th: A resolution designating the Jimmy Lee Campbell Memorial Highway.
Referred to the Committee on Transportation.
HR 157. By Representatives Holmes of the 28th, McKinney of the 35th, Orrock of the 30th, Sinkfield of the 37th, Hightower of the 36th and others:
A resolution designating the Lorenzo Benn Youth Development Center.
Referred to the Committee on State Institutions & Property.
HR 158. By Representatives Kingston of the 125th, Smith of the 156th, Hamilton of the 124th and Dixon of the 128th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a source of revenue other than ad valorem taxes for local school systems by authorizing the county governing authorities to impose a special 1 percent sales and use tax for educational purposes.
Referred to the Committee on Ways & Means.
HR 159. By Representatives Hamilton of the 124th, Kingston of the 125th, Herbert of the 76th, Dixon of the 128th and Barnett of the 59th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a source of revenue other than ad valorem taxes for local school systems by authorizing the county governing authorities to impose a special 1 percent sales and use tax for educational purposes.
Referred to the Committee on Ways & Means.
HR 160. By Representatives Colwell of the 4th, Dobbs of the 74th, Smith of the 78th, Mueller of the 126th, Hanner of the 131st and others:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Bryan, Calhoun, Dooly, Floyd, Houston, Mitchell, Richmond, Tattnall, Washington, and Wilcox counties, Georgia.
Referred to the Committee on State Institutions & Property.
HR 161. By Representatives McKinney of the 40th, Sinkfield of the 37th, Thurmond of the 67th, Valenti of the 52nd, Brooks of the 34th and others:
A resolution proposing an amendment to the Constitution so as to provide that all money derived by the state from motor fuel taxes be appropriated for all activities incident to providing and maintaining an adequate system of public roads and bridges and mass transportation facilities and systems in this state and for grants, as authorized by law, to counties for roads and bridges and to municipalities, counties, area planning and development commissions, authorities, state agencies, and public mass transportation operators for mass transportation facilities and systems.
Referred to the Committee on Appropriations.
WEDNESDAY, JANUARY 30, 1991
263
HR 162. By Representatives Connell of the 87th and Murphy of the 18th: A resolution naming the "Steve Polk Plaza".
Referred to the Committee on State Institutions & Property.
HR 163. By Representatives McKinney of the 40th, Stanley of the 33rd, Canty of the 38th, Randall of the 101st, Lucas of the 102nd and others:
A resolution creating the Joint Study Committee on Minority Business Enterprise Participation in State Contracts.
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 321
HB 322 HB 323 HB 324 HB 325 HB 326
HB 327
HB 355
HB 356 HB 357 HB 358 HB 359 HB 360
HB 361
SR *9Q
riD
d&ff
HB 330
TTTJ
001
Il>
OOl
HB 332
un oo<3
tlU
ddd
HH vi/t
ftliD n d dd o4 e
HR qqfi
nHoR oWn HR wa
HBR ^ooQy
tHrBn d^j4/i0n HnoR <-3?4411
HB 342 HB 343
HB 344 HB 345
HB 362
TJ"D
QCO
TM *
***3
TjD
TM
**O4
n/>e
365
no *TM
TTTJ
OCT
nD "*"
*TT*T"J "O"CQ "
HB 369
HunB 3,,7-. *"* "''l
HTTBD 3,,7-,,2
H""R ,,",,'". H"RB d1 _' 4_
TM f^ TM ^J Qn 17 TMH
Tjn
o/f?
HHBB 334478 HB 349
HB 350
HB 351
HB 352
HB 353
HB 354
&-D
20
&<!R
^99
SB 23
SB 25
SB 42
SB 63
SB 64
SR 13
Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
264
JOURNAL OF THE HOUSE,
HR 12 Do Pass HR 20 Do Pass, by Substitute
Respectfully submitted, /s/ Buck of the 95th
Chairman
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 34. By Senators Turner of the 8th, Thompson of the 33rd, Broun of the 46th and others:
A bill to amend Code Section 7-1-745 of the Official Code of Georgia Anno tated, relating to the powers of business development corporations, so as to repeal the requirement that the corporation not approve any loan application unless the applicant has been refused a loan by at least two other financial institutions; to provide for applicability.
SB 35. By Senators Turner of the 8th, Thompson of the 33rd and Broun of the 46th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to change the definition of eligible persons and families; to change and clarify certain powers of the authority; to increase the singlefamily bonding cap; to provide an effective date.
SB 39. By Senators Turner of the 8th, Deal of the 49th, Broun of the 46th and oth ers:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 34. By Senators Turner of the 8th, Thompson of the 33rd, Broun of the 46th and others:
A bill to amend Code Section 7-1-745 of the Official Code of Georgia Anno tated, relating to the powers of business development corporations, so as to repeal the requirement that the corporation not approve any loan application unless the applicant has been refused a loan by at least two other financial institutions; to provide for applicability.
Referred to the Committee on Banks & Banking.
WEDNESDAY, JANUARY 30, 1991
265
SB 35. By Senators Turner of the 8th, Thompson of the 33rd and Broun of the 46th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to change the definition of eligible persons and families; to change and clarify certain powers of the authority; to increase the singlefamily bonding cap; to provide an effective date.
Referred to the Committee on Banks & Banking.
SB 39. By Senators Turner of the 8th, Deal of the 49th, Broun of the 46th and oth ers:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card.
Referred to the Committee on Industry.
Representative Wilder of the 21st moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:
HB 9. By Representative Lane of the 27th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal and revoke the provisions relating to the State Box ing Commission and the regulation of professional boxing matches and to create the State Boxing and Wrestling Commission and to regulate profes sional boxing and professional wrestling.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy N Adams Y Aiken N Alford Y Atkins N Baker Y Balkcom Y Barfoot N Bargeron N Barnett.B Y Barnett,M N Bates N Beatty Y Benefield N Birdsong Y Blitch Y Bordeaux N Bostick N Branch Y Breedlove N Brooks N Brown Y Brush YBuck N Buckner NByrd N Campbell N Canty Y Carrell Y Carter Y Chafm
Y Chambless Y Cheeks N Childers Y Clark,E Y Clark,H Y Clark.L Y Coker N Coleman
Colwell N Connell Y Culbreth Y Cummings.B
Y CummingstM N Davis,G
Y Davis,M N Dixon.H Y Dixon.S N Dobbs
Dover Dunn
N Edwards N Elliott N Felton Y Fennel Y FloydJ.M Y FloydJ.W NFlynt YGodbee N Golden N Goodwin N Green
E Greene Y Griffin N Groover N Hamilton N Hammond N Manner N Harris,B Y Harris,J
Heard N Henson N Herbert N Hightower N Holland
Y Holmes Y Howard N Hudson N Irwin
Y Jackson N Jamieson Y Jenkins N Jones N Kilgore
NKing Y Kingston Y Klein
YLadd NLane,D NLane.R Y Langford N Lawrence Y Lawson
YLee N Long
Lord Y Lucas
Lupton
YMann Martin
YMcCoy
N McKelvey Y McKinney,B
N McKinney.C Y Meadows
Merritt N Milam
Y Mills N Mobley
Moody Y Moreberger Y Moultrie Y Mueller
Oliver.C N Oliver,M YOrr
Orrock
Y Padgett N Parham N Parrish Y Patten N Pelote Y Perry
Y Pettit
N Pinholster E Pinkston NPoag
Porter N Poston N Powell,A Y Powell.C N Purcell
Randall YRay Y Reaves Y Redding N Ricketson N Royal
Selman N Sherrill
Simpson Y Sinkfield N Skipper
N Smith,L N Smith,P
Smith.T Y Smith,W
Smyre YSnow N Stancil,F N Stancil.S Y Stanley Y Stephens E Streat Y Taylor
266
JOURNAL OF THE HOUSE,
Teper Y Thomas.C
Thomas,M NThomas.N N Thunnond
N Titus Tolbert Townsend
Y Turnquest Twiggs
N Valenti Y Vaughan N Walker,J N Walker,L N Wall
On the motion, the ayes were 71, nays 81. The motion was lost.
N Ware N Watson N Watts Y White Y Wilder
N Williams.B WilliamsJ
Y Williams,R N Yeargin
Murphy.Spkt
Due to a possible conflict of interest, Representative Teper of the 46th was excused from voting on HB 9.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 47. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution commending the 1990 Georgia School for the Deaf football team and inviting the team and its coaches to appear and be recognized before the House of Representatives.
HR 98. By Representatives Stephens of the 68th, Thurmond of the 67th, Holland of the 136th, Mobley of the 64th, Carrell of the 65th and others:
A resolution commending the University of Georgia baseball team as the 1990 NCAA Division I National Champions, and inviting the members of the team and Head Coach Steve Webber to appear before the House of Repre sentatives.
HR 136. By Representatives Long of the 142nd and Bates of the 141st:
A resolution commending the Cairo High School Syrupmakers football team and inviting them to appear before the House of Representatives.
HR 137. By Representative Long of the 142nd:
A resolution commending the Cairo High School Syrupmakers varsity cheerleaders.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 164. By Representatives Patten of the 149th, Reaves of the 147th and Golden of the 148th:
A resolution commending Coach Nick Hyder and the Valdosta High School Wildcats football team and inviting Coach Hyder to appear and be recog nized before the House of Representatives.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 258. By Representative Stephens of the 68th:
A bill to amend Code Section 40-14-9 of the Official Code of Georgia Anno tated, relating to when evidence obtained in using speed detection devices is admissible, so as to change certain restrictions regarding use of speed detec tion devices on hills.
WEDNESDAY, JANUARY 30, 1991
267
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy N Adams YAiken Y Alford Y Atkins
Baker Y Balkcom YBarfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates YBeatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown Y Brush YBuck Y Buckner YByrd Y CampbeU Canty YCarrell Y Carter Y Chafin Y Chambless Y Cheeks N Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker N Coleman
Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G
Y Davis,M Y Dizon.H Y Dixon,S NDobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin
Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson
Herbert Y Hightower N Holland Y Holmes Y Howard
N Hudson N Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long YLord N Lucas Y Lupton YMann Y Martin Y McCoy
McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster E Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall Ray Y Reaves Y Redding Y Ricketson Y Royal YSelman Y Sherrill Y Simpson N Sinkfield N Skipper Y Smith,L
On the passage of the Bill, the ayes were 144, nays 10. The Bill, having received the requisite constitutional majority, was
Smith.P Y Smith,T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley
Y Stephens E Streat Y Taylor Y Teper
Y Thomas,C Thomas,M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
WiIliams,J Y Williams,R Y Yeargin
Murphy.Spkr
Representative Coleman of the 118th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 258.
HB 87. By Representatives Thomas of the 69th, Simpson of the 70th and Pettit of the 19th:
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 change the defi nition of the term "designated felony act"; to require the court to order restrictive custody in certain cases where the juvenile is found to have com mitted a designated felony act.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 87 by striking line 6 of page 5 in its entirety and inserting in lieu thereof the following:
"illegal drugs, or marijuana in violation of Code Section 16-13-31 if done by an adult and".
268
JOURNAL OF THE HOUSE,
By striking on line 9 of page 5 the word "dangerous" and inserting the word "illegal".
By striking on line 10 of page 5 the word "marijuana" and inserting "marijuana in violation of Code Section 16-13-31".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom YBarfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush
YBuck Y Buckner
YByrd Y CampbeU
Canty YCarreU
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L
Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings)B
Cummings,M Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards N Elliott
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harri8,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas Y Lupton YMann Y Martin Y McCoy
McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster E Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell,C Y Purcell
RandaU YRay Y Reaves Y Redding Y Ricketson Y Royal
YSelman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith.P Y Smith,T Y Smith,W
Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Stephens E Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Y Thomas,N Y Thurmond
Y Titus Y Tolbert
Y Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams.J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 162, nays 1.
The Bill, having received the requisite constitutional majority, was passed, amended.
HB 168. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the O.C.G.A.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield
Y Birdsong
WEDNESDAY, JANUARY 30, 1991
269
Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush
YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin
Y Chambless Y Cheeks Y Childere Y Clark,E Y Clark.H Y Clark,L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis,G Y Davis.M Y Dkon,H Y Dixon.S
YDobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Flynt Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover
Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Lucas Y Lupton YMann Y Martin YMcCoy McKelvey McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr
Orrock
Y Padgett Parham
Y Parrish Y Patten Y Pelote
Y Perry Y Pettit Y Pinholster
E Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P
Smith,T Y Smith,W
On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was
Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens E Streat Y Taylor YTeper
Y Thomas,C Thomas,M
Y Thomas,N Y Thurmond Y Titus Y Tolbert
Y Townsend Y Turnquest
Twiggs Y Valenti
Y Vaughan Y Walker,J
Y Walker,L YWall YWare Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
HB 32. By Representatives Parham of the 105th, Barnett of the 10th, Harris of the 84th and Bostick of the 138th:
A bill to amend Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Motor Vehicle Warranty Rights Act," so as to pro vide that all persons who paid or should have paid the fee provided for under said Act shall receive the protections provided for under said "Motor Vehicle Warranty Rights Act".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Afoernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis,M Y Dixon.H Y Di!ton,S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover
Hamilton Y Hammond Y Hanner Y Harris,B
Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Y Howard
Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong
270
JOURNAL OF THE HOUSE,
Lord Y Lucas
Lupton YMann Y Martin
YMcCoy McKelvey McKinney,B
Y McKinney.C
Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster E Pinkston
YPoag Porter
Y Postal
Y Powell,A Y Powell.C
Y PurceU Randall
YRay Y Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P
Smith,T
Y Smith,W Smyre
Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Stephens E Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert
Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y WiUiams,B
Williams,.) Y Williams.R
Y Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 132. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-8-159 of the Official Code of Georgia Anno tated, relating to emission inspection stations, so as to change the fees for emission inspections.
Representative Redding of the 50th moved that HB 132 be placed upon the table. On the motion to table, the roll was ordered and the vote was as follows:
Abernathy N Adams
Y Aiken Y Alford Y Atkins Y Baker N Balkcom N Barfoot Y Bargeron N Bamett,B N Barnett,M N Bates
Y Beatty Y Benefield
N Birdsong Y Blitch N Bordeaux N Bostick N Branch Y Breedlove Y Brooks Y Brown N Brush
NBuck Y Buckner
NByrd Y Campbell Y Canty N Carrell N Carter
YChafm Y Chambless N Cheeks
N Childers Y Clark,E Y Clark.H
N Clark,L Y Coker
Coleman
N Colwell Y Connell N Culbreth Y Cummings.B
Cummings.M
Y Davis.G Y Davis.M N Dizon.H
Dixon.S N Dobbs N Dover
Dunn N Edwards Y Elliott Y Felton Y Fennel N Floyd,J.M N Floyd,J.W YFlynt
N Godbee N Golden Y Goodwin
N Green E Greene Y Griffin Y Groover N Hamilton Y Hammond
N Hanner N Harris.B N Harris,J Y Heard N Henson
N Herbert Y Hightower N Holland Y Holmes N Howard N Hudson Ylrwin Y Jackson N Jamieson N Jenkins N Jones N Kilgore
YKing Y Kingston Y Klein
YLadd Y Lane,D N Lane.R Y Langford Y Lawrence Y Lawson YLee
N Long Lord Lucas
N Lupton NMann Y Martin Y McCoy N McKelvey Y McKinney,B Y McKinney.C N Meadows Y Merritt
Milam Y Mills
On the motion, the ayes were 78, nays 82.
Y Mobley Moody
Y Morsberger
N Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr
Orrock N Padgett N Parham N Parrish N Patten
Y Pelote Y Perry N Pettit N Pinholster E Pinkston
N Poag N Porter N Poston
Powell,A N Powell.C
N PurceU Randall
NRay N Reaves
Y Redding N Ricketson
N Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
N Skipper N Smith.L
N Smith.P Smith.T
N Smith,W
N Smyre N Snow N Stancil.F
N Stancil,S Y Stanley Y Stephens E Streat N Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond N Titus Y Tolbert N Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan N Walker,J Y Walker.L Y Wall
Ware N Watson N Watts Y White Y Wilder Y Williams,B
Williams,J N Williams.R N Yeargin
Murphy.Spkr
WEDNESDAY, JANUARY 30, 1991
271
The motion was lost.
The following amendment was read:
Representative Wilder of the 21st moves to amend HB 132 as follows:
Change on line 12 $8.50 to $8 and on line 13 $11 to $10.50 and on line 19 1.50 to $1.00.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy
N Adams Y Aiken V Alford Y Atkins N Baker Y Balkcom N Barfoot Y Bargeron N Harriett,B Y Bamett,M Y Bates Y Beatty N Benefield N Birdsong Y Blitch N Bordeaux N Bostick N Branch Y Breedlove Y Brooks N Brown N Brush NBuck N Buckner NByrd Y Campbell N Canty N Carrell N Carter N Chafin
Chambless N Cheeks N Childers Y Clark,E Y Clark,H
Clark.L Y Coker
N Coleman N Colwell Y Connell N Culbreth N Cummings.B N Cummings,M N Davis,G Y Davis.M
N Dixon,H N Dixon.S N Dobbs
N Dover Dunn
N Edwards N Elliott Y Felton N Fennel
N Floyd,J.M N Floyd,J.W YFlynt
NGodbee Y Golden Y Goodwin
N Green E Greene Y Griffin Y Groover
N Hamilton Y Hammond N Hanner
N Harris.B N Harris,J Y Heard Y Henson
N Herbert N Hightower N Holland Y Holmes N Howard N Hudson N Irwin N Jackson
Jamieson N Jenkins Y Jones N Kilgore
NKing Kingston
Y Klein YLadd
N Lane.D N Lane,R Y Langford Y Lawrence
N Lawson NLee NLong
Lord Y Lucas Y Lupton YMann Y Martin
McCoy N McKelvey Y McKinney,B N McKinney.C N Meadows N Merritt
Milam Y Mills
Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M NOrr N Crock N Padgett N Parham N Parrish
N Patten N Pelote Y Perry
Pettit Y Pinholster
E Pinkston YPoag
Porter NPoston
N Powell,A Y Powell.C N Purcell
Randall
NRay N Reaves Y Redding N Ricketson N Royal
YSelman Y Sherrill N Simpson Y Sinkfield N Skipper N Smith,L
On the adoption of the amendment, the ayes were 64, nays 96. The amendment was lost.
N Smith,P N Smith,T Y Smith,W N Smyre NSnow
Stancil,F Y StanciLS Y Stanley N Stephens E Streat N Taylor YTeper
N Thomas.C Thomas,M
N Thomas.N N Thurmond Y Titus Y Tolbert Y Townsend N Turnquest
Twiggs Y Valenti
Y Vaughan N Walker,J N Walker.L YWall
Ware N Watson N Watts Y White Y Wilder Y Williams,B
Williams.J
N Williams.R N Yeargin
Murphy.Spkr
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
N Abernathy N Adams N Aiken N Alford N Atkins
Baker Balkcom Y Barfoot N Bargeron Y Barnett,B
N Barnett.M Y Bates
N Beatty N Benefield N Birdsong Y Blitch Y Bordeaux Y Bostick N Branch N Breedlove
N Brooks Y Brown Y Brush NBuck N Buckner YByrd N Campbell N Canty Y Carrell Y Carter
N Chafin Chambless
Y Cheeks N Childers N Clark,E N Clark,H N Clark,L N Coker Y Coleman
Colwell
N Connell N Culbreth
Cummings(B N Cummings,M N Davis.G N Davis.M Y Diion.H Y Dixon,S Y Dobbs Y Dover
272
JOURNAL OF THE HOUSE,
Dunn Y Edwards
N EUiott N Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
NFlynt YGodbee Y Golden NGoodwin Y Green E Greene N Griffin N Groover Y Hamilton N Hammond
Y Banner Y Harris,B N HarriM N Heard N Henson Y Herbert N Hightower
N Holland N Holmes
Howard
N Hudson NIrwin N Jackson
Jamieson Y Jenkins
N Jones Y Kilgore
NKing Kingston
N Klein NLadd NLane.D
Y Lane,R Y Langford N Lawrence N Lawson
NLee YLong
Lord N Lucas
N Lupton NMann N Martin NMcCoy Y McKelvey
N McKinney.B N McKinney.C
Y Meadows N Merritt
Milam N Mills
N Mobley N Moody N Morsberger
Y Moultrie N Mueller Y Oliver.C N Oliver.M NOrr N Orrock Y Padgett Y Parham Y Parrish Y Patten
N Pelote N Perry
Pettit Y Pinholster E Pinkston
NPoag Y Porter
Y Poston Y Powell,A N Powell,C
Y Purcell Randal!
YRay N Reaves
N Redding Y Ricketson Y Royal N Selman N Sherrill N Simpson N Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith.T
Smith.W N Smyre
NSnow Y Stancil,F Y Stancil,S N Stanley N Stephens
E Streat
N Taylor NTeper N Thomas,C
Thomas.M N Thomas.N N Thurmond N Titus N Tolbert N Townsend N Tumquest
Y Twiggs N Valenti N Vaughan N Walker,J N Walker.L NWall
Ware Y Watson Y Watts N White N Wilder N Williams,B
WilliamsJ Y Williams,R
Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 59, nays 99. The Bill, having failed to receive the requisite constitutional majority, was lost.
HB 247. By Representatives Parham of the 105th, Murphy of the 18th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-5-22 of the Official Code of Georgia Anno tated, relating to persons who may not be issued a driver's license, so as to provide for issuance of a restricted learner's permit to certain persons 14 years of age.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken YAlford N Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Y Barnett,B N Barnett.M
N Bates N Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick
Y Branch N Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd N Campbell
Canty
Y Carrell Y Carter N Chafm Y Chambless Y Cheeks Y Childere Y Clark,E N Clark,H Y Clark,L N Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M
Y Davis.G N Davis.M
Y Dixon.H Y Dixon,S YDobbs Y Dover
Dunn
Y Edwards Y EUiott N Felton Y Fennel Y Floyd,J.M
Y Floyd.J.W YFlynt YGodbee Y Golden Y Goodwin
Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J
Heard Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson
Ylrwin N Jackson
Jamieson
Y Jenkins Y Jones Y Kilgore
YKing Kingston
Y Klein YLadd
Lane.D Y Lane.R Y Langford N Lawrence N Lawson
YLee YLong
Lord Y Lucas
Lupton
NMann Y Martin YMcCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows
Merritt N Milam Y Mills Y Mobley
Y Moody N Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M NOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote N Perry
Pettit N Pinholster
E Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C
Y Purcell Randall
YRay Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill
WEDNESDAY, JANUARY 30, 1991
273
Y Simpson Y Sinkfield
Y Skipper Y Smith,L Y Smith,? Y Smith,T
Smith.W YSmyre
YSnow Y Stancil,F N Stancil,S
Stanley Y Stephens
E Streat Y Taylor YTeper
Y Thomas.C Thomas,M
N Thomas.N Y Thurmond
Titus Y Tolbert
Townsend N Turnquest
Y Twiggs Y Valenti N Vaughan Y Walker,J Y Walker.L
NWall Ware
Y Watson
Y Watts White
N Wilder N Williams,B
Williams.J Y William8,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 125, nays 27. The Bill, having received the requisite constitutional majority, was
HB 187. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Code Section 17-6-11 of the Official Code of Georgia Anno tated, relating to the deposit of a driver's license in lieu of bail, so as to pro vide for extension of the period in which the receipt for deposit of a driver's license in lieu of bail is valid.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty YCarrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M Y Di*on,H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin
Groover Y Hamilton
Hammond Y Manner Y Harris.B Y HarrisJ
Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane.D YLane,R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann
Martin Y McCoy Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Merritt
YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr YOrrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster E Pinkston
YPoag Y Porter
YPoston Y Powell,A Y Powell,C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith,L
Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Y Stephens E Streat Y Taylor YTeper
Y Thomas.C Thomas.M
Y Thomas.N Y Thurmond Y Titus
Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J
Y Walker,L YWall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was
The following Resolution of the House, favorably reported by the Committee on Uni versity System of Georgia, was adopted.
274
JOURNAL OF THE HOUSE,
HR 12. By Representative Hamilton of the 124th:
A resolution urging the institutions of higher education in this state, in coop eration with private business, to assist in the research and development of alternative energy resources.
The following Resolution of the House, favorably reported by the Committee on Uni versity System of Georgia, was read:
HR 20. By Representative Poag of the 3rd:
A resolution proclaiming Georgia Tech the Division I NCAA national football champions.
The following Committee substitute was read and adopted:
A RESOLUTION
Proclaiming Georgia Tech the Division I NCAA national football champions; and for other purposes.
WHEREAS, the Georgia Tech Yellow Jackets soundly defeated Nebraska in the 1991 Florida Citrus Bowl with an impressive final score of 45-21; and
WHEREAS, head football coach Bobby Ross and this exceptional 1990 Tech squad compiled an outstanding season record of 11-0-1 and achieved the distinction of being the only undefeated collegiate football team in the nation; and
WHEREAS, the members of the team displayed amazing offensive and defensive strength, and their extraordinary athletic ability generated national interest and attention throughout the season; and
WHEREAS, the brilliant performance of the Georgia Tech Yellow Jackets at the Flor ida Citrus Bowl and the team's unique status in having the nation's longest unbeaten string of games have brought national honor and recognition to this great university and earned Tech the title of number one in the nation.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that the members of this body proclaim Georgia Tech as the Division I NCAA national football champions.
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 head football coach Bobby Ross of the Georgia Institute of Technology.
The Resolution was adopted, by substitute.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 46. By Representative Carter of the 146th:
A resolution commending Mr. Timothy McMillan and inviting him to appear before the House of Representatives.
HR 97. By Representatives Buck of the 95th, Stancil of the 66th and Lane of the lllth:
A resolution recognizing the national 4-H winners from Georgia and the State 4-H President and inviting them to appear before the House of Repre sentatives; recognizing the observance of 4-H Club Day at the state capitol.
WEDNESDAY, JANUARY 30, 1991
275
HR 112. By Representative Poag of the 3rd:
A resolution commending Evander Holyfield, the Undisputed Heavyweight Champion of the World and inviting him to appear before the House of Rep resentatives.
HR 113. By Representatives Buck of the 95th, Lee of the 72nd, Walker of the 115th, Heard of the 43rd, Alford of the 57th and others:
A resolution commending head football coach Bobby Ross and the Georgia Tech national championship football team and inviting the head coach and members of the team to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 165. By Representatives Buckner of the 72nd, Lee of the 72nd, King of the 72nd, Chafin of the 72nd, Benefield of the 72nd and others:
A resolution commending Mr. S. Truett Cathy.
HR 166. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution expressing support for President Bush, the Congress of the United States, and the men and women in Operation Desert Storm.
HR 167. By Representative Carrell of the 65th:
A resolution commending Mark Andrew Cheadle on attaining the rank of Eagle Scout.
HR 168. By Representatives Brooks of the 34th and Howard of the 85th:
A resolution commending Mrs. Evarn Brown for her quick action in saving the life of a student.
HR 169. By Representatives Brooks of the 34th, Smyre of the 92nd, Taylor of the 94th, Harris of the 96th, Stanley of the 33rd and others:
A resolution honoring Dr. William B. Howell.
HR 170. By Representatives Jones of the 71st and Flynt of the 75th: A resolution recognizing Mr. James T. Gray, Jr.
HR 171. By Representative Jones of the 71st: A resolution commending Sandor Csitar.
HR 172. By Representative Poston of the 2nd: A resolution commending Ms. Jasmine Neighbors.
HR 173. By Representative Poston of the 2nd: A resolution commending Mr. James J. Dougherty.
276
JOURNAL OF THE HOUSE,
HR 174. By Representative Mobley of the 64th: A resolution commending and recognizing Mr. Ronald Wayne Hewatt, Sr.
HR 175. By Representative Mobley of the 64th:
A resolution commending and recognizing Mr. David Ross Kesler of Winder, Georgia.
HR 176. By Representatives Royal of the 144th, Hanner of the 131st, Long of the 142nd, Titus of the 143rd, Holland of the 136th and others:
A resolution commending Mr. Carroll Underwood.
HR 177. By Representative Beatty of the 12th: A resolution commending the Reverend Gerald Alexander Mitton.
HR 178. By Representative Yeargin of the 14th:
A resolution proclaiming Elbert County as the Purple Martin Capital of Georgia.
HR 179. By Representatives Merritt of the 123rd, Bordeaux of the 122nd, Pelote of the 127th, White of the 132nd, Ray of the 98th and others:
A resolution commending and recognizing the Georgia Association of Black State Colleges.
HR 180. By Representatives Thomas of the 31st and Redding of the 50th:
A resolution commending Positive Images Enterprises and Nubian Expres sions.
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 3 Do Pass, by Substitute HB 26 Do Pass, by Substitute HB 269 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman
Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
WEDNESDAY, JANUARY 30, 1991
277
HB 145 Do Pass, as Amended
Respectfully submitted, /a/ Ware of the 77th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 69 Do Pass, by Substitute HB 70 Do Pass HB 97 Do Pass
HB 220 Do Pass HB 271 Do Pass
Respectfully submitted,
/s/ Thomas of the 69th Chairman
Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 86 Do Pass HB 231 Do Pass HB 291 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
Chairman
Representative Cummings of the 17th District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 42 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 17th
Chairman
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
278
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Thursday, January 31, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend J. Mike Minnix, Pastor, First Baptist Church, Lilburn, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 428. By Representatives Walker of the 115th, Murphy of the 18th, Groover of the 99th, Lee of the 72nd and Connell of the 87th: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills.
Referred to the Committee on Rules.
HB 429. By Representatives Walker of the 115th, Groover of the 99th, Watson of the 114th, Murphy of the 18th and Walker of the 113th: A bill to amend Code Section 47-9-60 of the Official Code of Georgia Anno tated, relating to the office of senior judge, so as to provide that a judge who is receiving a disability retirement benefit is authorized to become a senior judge.
Referred to the Committee on Judiciary.
THURSDAY, JANUARY 31, 1991
279
HB 430. By Representative Redding of the 50th:
A bill to amend Code Section 43-40-2 of the Official Code of Georgia Anno tated, relating to the creation of the Georgia Real Estate Commission, so as to change the terms of office for commission members.
Referred to the Committee on Industry.
HB 431. By Representatives Coleman of the 118th and Parrish of the 109th:
A bill to amend Code Section 48-8-30 of the Official Code of Georgia Anno tated, relating to imposition of the state sales and use tax, so as to change certain provisions regarding the discharge of such taxes with respect to cer tain lease agreements.
Referred to the Committee on Ways & Means.
HB 432. By Representatives Herbert of the 76th, Lane of the 27th, Smith of the 16th, Cummings of the 17th, Williams of the 48th and others:
A bill to amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food service establishments, so as to prohibit the possession of lighted smoking materials in certain restaurants.
Referred to the Committee on Industry.
HB 433. By Representatives Lawson of the 9th, Jackson of the 9th and Griffin of the 6th:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of insurance rates, underwriting rules, and related organizations, so as to provide that an insurer shall not apply a surcharge or rate penalty to a policy of motor vehicle insurance under certain conditions.
Referred to the Committee on Insurance.
HB 434. By Representatives Aiken of the 21st, Langford of the 7th, Moody of the 153rd, Wilder of the 21st, Clark of the 20th (Post 3) and others:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to regulate the installation of certain fire suppression systems; to regulate the inspection, recharging, repairing, servic ing, or testing of portable fire extinguishers or fire suppression systems.
Referred to the Committee on Public Safety.
HB 435. By Representatives Alford of the 57th, Henson of the 57th, Irwin of the 57th, Teper of the 46th, Redding of the 50th and others:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxa tion of property, so as to provide for reduced ad valorem liability when real property is acquired by the state or political subdivisions thereof, and pro vide for returns and refunds relating thereto.
Referred to the Committee on Ways & Means.
280
JOURNAL OF THE HOUSE,
HB 436. By Representatives Alford of the 57th, Irwin of the 57th, Teper of the 46th, Redding of the 50th, Oliver of the 53rd and others:
A bill to amend Code Section 17-6-4 of the Official Code of Georgia Anno tated, relating to authorization of posting of cash bonds generally, so as to allow counties to dispose of unclaimed bonds posted for certain cases.
Referred to the Committee on Judiciary.
HB 437. By Representatives Stephens of the 68th and Thurmond of the 67th:
A bill to amend Chapter 5 of Title 43 of the Official Code of Georgia Anno tated, relating to athletic trainers, so as to provide a definition of athlete; to revise the definition of athletic trainer; to revise the residency requirement applicable to members of the Georgia Board of Athletic Trainers.
Referred to the Committee on State Planning & Community Affairs.
HB 438. By Representative Reaves of the 147th:
A bill to amend Article 1 of Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers, so as to provide that a per son who purchases leased livestock from or a commission merchant who sells leased livestock for the lessee of such livestock shall not be liable to the owner or lessor of such livestock unless, prior to the purchase or sale, the purchaser or commission merchant has received written notice of the owner's or lessor's ownership interest in such livestock.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 439. By Representatives Watson of the 114th and Hamilton of the 124th:
A bill to amend Code Section 8-2-104 of the Official Code of Georgia Anno tated, relating to the employment of inspectors and inspection fees with respect to the inspection or operation of elevators, dumbwaiters, escalators, and moving walks, so as to provide that elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection shall be inspected at certain times and inspection fees and operating fees therefor shall be paid by a cer tain time.
Referred to the Committee on Industry.
HB 440. By Representatives Holland of the 136th, Poston of the 2nd, Groover of the 99th, Walker of the 115th, Stephens of the 68th and others:
A bill to amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to the probate of domestic wills, so as to provide that a copy of a will which has been lost during the testator's lifetime shall be admitted to probate under certain circumstances.
Referred to the Committee on Judiciary.
HB 441. By Representatives Cummings of the 17th, Baker of the 51st and Smith of the 78th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Anno tated, relating to the Georgia Firemen's Pension Fund, so as to provide cer tain definitions; to change the requirements for eligibility in such fund; to change certain provisions relating to leaves of absence from and reinstate ment to such fund.
Referred to the Committee on Retirement.
THURSDAY, JANUARY 31, 1991
281
HB 442. By Representatives Buck of the 95th, Floyd of the 135th, Powell of the 13th, Bates of the 141st, Cummings of the 17th and others:
A bill to amend Code Section 47-16-61 of the Official Code of Georgia Anno tated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees collected in civil actions, so as to increase the additional sum collected in certain civil actions.
Referred to the Committee on Judiciary.
HB 443. By Representatives Benefield of the 72nd, Herbert of the 76th, Buckner of the 72nd, King of the 72nd, Chafin of the 72nd and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against the person, so as to increase the punishment for certain offenses; to provide for minimum punishments.
Referred to the Committee on Judiciary.
HB 444. By Representatives Benefield of the 72nd, Herbert of the 76th, King of the 72nd, Buckner of the 72nd, Chafin of the 72nd and others:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, relating to employment and training of peace officers, so as to require that all peace officers receive specialized training in dealing with domestic violence cases.
Referred to the Committee on Public Safety.
HB 445. By Representative Barnett of the 59th:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Anno tated, relating to child custody proceedings, so as to revise and change provi sions regarding sole legal custody, joint custody, joint physical custody, and joint legal custody; to provide for independent psychological custody or medi cal evaluations.
Referred to the Committee on Judiciary.
HB 446. By Representative Barnett of the 59th:
A bill to amend Code Section 43-50-3 of the Official Code of Georgia Anno tated, relating to definitions regarding veterinarians, so as to include certain dental procedures in the practice of veterinary medicine.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 447. By Representatives Benefield of the 72nd, Herbert of the 76th, King of the 72nd, Buckner of the 72nd, Chafin of the 72nd and others:
A bill to amend Code Section 24-9-23 of the Official Code of Georgia Anno tated, relating to compellability of testimony by defendant's spouse, so as to provide that the privilege that a husband and wife shall not be compelled to testify for or against the other in a criminal proceeding shall not apply in cases involving domestic violence.
Referred to the Committee on Judiciary.
282
JOURNAL OF THE HOUSE,
HB 448. By Representatives Benefield of the 72nd, Herbert of the 76th, Buckner of the 72nd, King of the 72nd, Chafin of the 72nd and others:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to where offenses are bailable, procedures, schedules of bails, and appeal bonds, so as to provide that certain offenses are bailable only before a judicial officer when such offenses involve family violence and sub stantial injury.
Referred to the Committee on Judiciary.
HB 449. By Representatives Benefield of the 72nd, Herbert of the 76th, King of the 72nd, Buckner of the 72nd, Chafin of the 72nd and others:
A bill to amend Chapter 4 of Title 17 of the Official Code of Georgia Anno tated, relating to arrests of persons, so as to provide that the decision to arrest shall not be based on the specific consent or request of the victim or consider the relationship between the parties; to provide for a written report in every incident of family violence investigated.
Referred to the Committee on Judiciary.
HB 450. By Representatives Snow of the 1st, Mobley of the 64th, Padgett of the 86th, Coker of the 21st, Dixon of the 128th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner.
Referred to the Committee on State Planning & Community Affairs.
HB 451, By Representative Wall of the 61st:
A bill to amend Code Section 40-5-55 of the Official Code of Georgia Anno tated, relating to implied consent to chemical tests and the suspension of a person's driver's license for the refusal to submit to a chemical test, so as to provide a definition.
Referred to the Committee on Judiciary.
HB 452. By Representative Twiggs of the 4th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to change the employee contributions of certain law enforcement officers who are eligible for certain retirement benefits; to change the provisions applica ble to disability allowances payable to certain law enforcement officers.
Referred to the Committee on Retirement.
HB 453. By Representatives Brown of the 88th, Hamilton of the 124th and White of the 132nd:
A bill to amend Code Section 20-2-212 of the Official Code of Georgia Anno tated, relating to salary schedules of certificated professional personnel, so as to authorize certificated professional personnel to leave a school when such school has been closed under certain circumstances.
Referred to the Committee on Education.
THURSDAY, JANUARY 31, 1991
283
HB 454. By Representative Twiggs of the 4th:
A bill to amend Code Section 45-9-86 of the Official Code of Georgia Anno tated, relating to applications for indemnification with respect to law enforcement officers, firemen, prison guards, and emergency medical techni cians killed or permanently disabled in the line of duty, so as to change the time by which applications must be filed for indemnification with respect to certain law enforcement officers, firemen, or prison guards permanently dis abled in the line of duty.
Referred to the Committee on Public Safety.
HB 455. By Representative Twiggs of the 4th:
A bill to amend Chapter 10 of Title 24 of the Official Code of Georgia Anno tated, relating to securing the attendance of witnesses and the preservation and production of evidence, so as to change the per diem and mileage fees for witnesses; to change certain requirements regarding tender of fees.
Referred to the Committee on Public Safety.
HB 456. By Representatives Dover of the llth, Coleman of the 118th, Walker of the 115th, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of taxable net income for state income tax purposes, so as to provide for an additional adjustment with respect to capi tal gains; to provide for an effective date and applicability.
Referred to the Committee on Ways & Means.
HB 457. By Representatives Dover of the llth, Balkcom of the 140th, Lee of the 72nd, Twiggs of the 4th and Bargeron of the 108th:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to parks and historic areas, so as to provide that the state does not claim title to human remains and burial objects discovered on state properties or defined as submerged cultural resources; to authorize the Department of Natural Resources to establish and maintain a cemetery for the purpose of reinterring certain human remains and burial objects.
Referred to the Committee on Game, Fish & Parks.
HB 458. By Representatives Barnett of the 59th, Davis of the 45th, Griffin of the 6th, Langford of the 7th and Meadows of the 91st:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide that it shall be unlawful to offer to sell any born or unborn child; to provide for a criminal penalty.
Referred to the Committee on Judiciary.
HB 459. By Representatives McKinney of the 40th and McKinney of the 35th:
A bill to amend Code Section 3-3-20 of the Official Code of Georgia Anno tated, relating to the sale of alcoholic beverages on Sundays, election days, and Christmas Day, so as to remove the prohibition against the sale of alco holic beverages on Sunday.
Referred to the Committee on Regulated Beverages.
284
JOURNAL OF THE HOUSE,
HB 460. By Representative McKinney of the 40th:
A bill to amend Code Section 16-11-129 of the Official Code of Georgia Annotated, relating to a license to carry a pistol or revolver, so as to require a minimum of five hours of firearms training as a prerequisite to the issuance of a license to carry a pistol or revolver.
Referred to the Committee on Public Safety.
HB 461. By Representatives Chambless of the 133rd and Thomas of the 69th:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to change the provisions relating to continuance for the absence of a witness and what the application is to show.
Referred to the Committee on Judiciary.
HB 462. By Representative Harris of the 84th:
A bill to amend an Act placing the county officers of McDuffie County on an annual salary, so as to provide for appointment of a deputy coroner by the coroner; to provide for the salary of the deputy coroner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 463. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to change certain provisions regarding definitions of terms used in ad valorem tax laws.
Referred to the Committee on Ways & Means.
HR 181. By Representatives Coleman of the 118th and Parrish of the 109th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for one or more lotteries to be oper ated by or on behalf of the state, with the net proceeds of any such lottery to be paid into an education construction trust fund and appropriated there from for classroom and administrative educational facilities.
Referred to the Committee on Industry.
HR 182. By Representatives Griffin of the 6th and Meadows of the 91st: A resolution creating the Joint Workers' Compensation Study Committee.
Referred to the Committee on Rules.
By unanimous consent, the rules were suspended in order that the following Resolu tion of the House could be introduced, read the first time and referred to the committee:
HR 185. By Representatives Ray of the 98th, Walker of the 113th, Watson of the 114th, Coleman of the 118th, Walker of the 115th and others:
A resolution urging the Public Service Commission to adopt a telephone ser vice county-wide calling plan which recognizes community of interest areas having a minimum radius of at least 16 miles and to consider expanding the toll-free band to a 22 mile radius.
Referred to the Committee on Industry.
THURSDAY, JANUARY 31, 1991
285
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 375 HB 376 HB 377 HB 378 HB 379 HB 380 HB 381
HR ?82
HR W no 00*1
riD o85
HB 408 HB 409 HB 410 HB 411 HB 412 HB 413 HB 414
HB 415
HB 416 HR 417
u"n A i a
Q87
HR 988 JlD Ooo
xiJj 389 xirioo qooyun
HlJ 391
wtion o^0y9^ HB 393
Hii 394 rlij o95
fHlDR OQiQ7Dfi MjiiR> QoQyi7
HB 419
HB 42
ij
*
42fi HR 427
TJI? i ^
HTJKD 11&c&c HHKR 11&57b
HR W HR o HiS 400
HB 401 HHBB 440023 HB 404 HB 405 HB 406 HB 407
HR 158 HR 159 Hp 1fift
"R }J9 "HRR \16f2 HR 163 SB 34 SB 35 SB 39
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House
with the following recommendations:
HB 4 Do Pass, by Substitute HB 5 Do Pass, by Substitute HB 179 Do Pass, by Substitute
HB 276 Do Pass, by Substitute HR 27 Do Pass, by Substitute
Respectfully submitted, M Childers of the 15th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
286
JOURNAL OF THE HOUSE,
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 326 Do Pass HB 327 Do Pass
HB 330 Do Pass HB 355 Do Pass
HB 356 Do Pass HB 359 Do Pass
HB 361 Do Pass HB 362 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:
HB 326. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act to provide additional powers, duties, rights, obliga tions, and responsibilities for the Newton County Industrial Development Authority, so as to provide for additional authority with respect to the issu ance of revenue bonds.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 327. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to amend an Act providing for a new board of education of Newton County, as amended, so as to change the provisions relative to the compensa tion of the members and the chairman of the board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 330. By Representatives Clark of the 20th (Post 3), Aiken of the 21st, Wilder of the 21st, Clark of the 20th (Post 4), Klein of the 21st and others:
A bill to provide for the determination of the millage rate by the governing authorities of Cobb County and the Cobb County School District.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 355. By Representative Skipper of the 116th:
A bill to abolish the elected office of treasurer of Sumter County; to autho rize the Board of Commissioners of Sumter County to designate an employee of the county or some other person or entity to perform the duties of trea surer and prescribe the powers and duties of such person or entity.
THURSDAY, JANUARY 31, 1991
287
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 356. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to authorize the judge of the probate court to employ part-time clerical assistance.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 359. By Representative Skipper of the 116th:
A bill to provide for the creation of one or more community improvement districts in Sumter County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for defi nitions; to provide for boards to administer said districts; to provide for taxes, fees and assessments; to provide for the boundaries of said districts.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 362. By Representative Royal of the 144th:
A bill to provide for the creation of the office of county administrator of Mitchell County; to provide for the appointment of the administrator; to pro vide for the powers, duties, and responsibilities of the administrator; to pro vide for an acting county administrator.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
288
JOURNAL OF THE HOUSE,
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 101. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Anno tated, relating to the consumers' utility counsel, so as to change the provi sions relative to the automatic repeal of said Chapter 10; to provide an effective date.
SB 103. By Senator Starr of the 44th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, so as to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equalization and shall constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal.
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:
SR 39. By Senator Baldwin of the 29th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Troop County, Georgia; to provide an effective date.
SR 40. By Senators Thompson of the 33rd and Clay of the 37th:
A resolution authorizing the grant of a nonexclusive easement for construc tion, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date.
SR 41. By Senators Hasty of the 51st and Ramsey of the 54th:
A resolution authorizing the grant of a nonexclusive easement for construc tion, operation, and maintenance of a thoroughfare known as Abutment Road and slope considerations thereto over property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date.
SR 42. By Senator Foster of the 50th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dawson County, Georgia; to provide an effective date.
THURSDAY, JANUARY 31, 1991
289
SR 44. By Senator Timmons of the llth:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Early County, Georgia; to provide an effective date.
SR 45. By Senator Timmons of the llth:
A resolution authorizing the conveyance of certain state owned real property located in Seminole County, Georgia; to provide an effective date.
SR 55. By Senator Harris of the 27th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Monroe County, Georgia; to provide an effective date.
SR 67. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia, to Georgia Power Company and the acceptance of certain real property owned by Georgia Power Company located in Fulton County, Georgia, in consideration therefor; to provide an effective date.
SR 68. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia, and the acceptance of certain real prop erty in Fulton County in consideration therefor; to provide an effective date.
The Senate has passed by the requisite constitutional majority the following Bills of the House:
HB 127. By Representatives Jamieson of the llth and Dover of the llth:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Stephens County.
HB 171. By Representative Greene of the 130th: A bill to create a board of commissioners of Webster County.
HB 172. By Representative Yeargin of the 14th:
A bill to amend an Act incorporating the City of Carlton, so as to change the time of election and terms of office of the mayor and councilman and change the provisions relating to vacancies.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
290
JOURNAL OF THE HOUSE,
SB 101. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Anno tated, relating to the consumers' utility counsel, so as to change the provi sions relative to the automatic repeal of said Chapter 10; to provide an effective date.
Referred to the Committee on Industry.
SB 103. By Senator Starr of the 44th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, so as to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equalization and shall constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal.
Referred to the Committee on Ways & Means.
SR 39. By Senator Baldwin of the 29th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Troop County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 40. By Senators Thompson of the 33rd and Clay of the 37th:
A resolution authorizing the grant of a nonexclusive easement for construc tion, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 41. By Senators Hasty of the 51st and Ramsey of the 54th:
A resolution authorizing the grant of a nonexclusive easement for construc tion, operation, and maintenance of a thoroughfare known as Abutment Road and slope considerations thereto over property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 42. By Senator Foster of the 50th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dawson County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
THURSDAY, JANUARY 31, 1991
291
SR 44. By Senator Timmons of the llth:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Early County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 45. By Senator Timmons of the llth:
A resolution authorizing the conveyance of certain state owned real property located in Seminole County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 55. By Senator Harris of the 27th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Monroe County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 67. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia, to Georgia Power Company and the acceptance of certain real property owned by Georgia Power Company located in Fulton County, Georgia, in consideration therefor; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 68. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia, and the acceptance of certain real prop erty in Fulton County in consideration therefor; to provide an effective date.
Referred to the Committee on State Institutions & Property.
Representative Coleman of the 118th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:
HB 258. By Representative Stephens of the 68th:
A bill to amend Code Section 40-14-9 of the Official Code of Georgia Anno tated, relating to when evidence obtained in using speed detection devices is admissible, so as to change certain restrictions regarding use of speed detec tion devices on hills.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken YAlford
Y Atkins Baker
Y Balkcom YBarfoot
Y Bargeron N Barnett,B N Barnett.M N Bates
N Beatty Y Benefield
Birdsong N Blitch
N Bordeaux Bostick
Y Branch N Breedlove
292
Y Brooks Y Brown Y Brush YBuck
Buckner YByrd N Campbell N Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers N Clark,E N Clark.H N Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M N Davis.G Y Davis,M N Dixon,H
Diion,S N Dobbs Y Dover Y Dunn Y Edwards
JOURNAL OF THE HOUSE,
Y Elliott N Felton Y Fennel Y Floyd,J.M Y Floyd,J.W N Flynt E Godbee
Golden N Goodwin
Y Green E Greene Y Griffin N Groover
Hamilton N Hammond Y Banner Y Harris,B Y Harris,J Y Heard N Henson Y Herbert N Hightower
Y Holland N Holmes Y Howard Y Hudson
Y Irwin N Jackson
Jamieson Y Jenkins N Jones Y Kilgore
YKing N Kingston N Klein
NLadd Y Lane,D Y Lane.R N Langtord N Lawrence
N Lawson
YLee YLong YLord
Lucas Y Lupton NMann N Martin
Y McCoy Y McKelvey Y McKinney.B
N McKinney.C Y Meadows
Merritt
Y Milam Mills
N Mobley Y Moody N Morsberger N Moultrie
N Mueller Y Oliver.C N Oliver,M
NOrr
N Orrock Y Padgett YParham Y Parrish Y Patten N Pelote N Perry
Pettit Y Pinholster Y Pinkston
YPoag Porter
Y Poston Y Powell,A
Powell.C N Purcell NRandall
YRay Y Reaves
Y Redding Y Ricketson Y Royal
Y Selman N Sherrill N Simpson Y Sinkfield N Skipper
Smith,L Y Smith,P Y Smith.T N Smith.W Y Smyre
Y Snow Y Stancil.F Y Stancil.S
Y Stanley N Stephens
Y Streat Y Taylor Y Teper N Thomas.C Y Thomas.M N Thomas.N N Thurmond
N Titus Y Tolbert Y Townsend N Turnquest
Twiggs N Valenti N Vaughan Y Walker,J
Walker.L
N Wall Ware Watson
Y Watts N White N Wilder Y Williams.B Y Williams,J Y Williams.R
Yeargin Murphy,Spkr
On the motion, the ayes were 94, nays 60. The motion prevailed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate has passed, by substitute, by the requisite constitutional majority the fol
lowing Bill of the House:
HB 85. By Representatives Coleman of the 118th, Walker of the 115th, Adams of the 79th and Parrish of the 109th: A bill to amend an Act providing appropriations for State Fiscal Year 1990-1991 known as the "General Appropriations Act".
Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker: Your Committee on Natural Resources and Environment has had under consideration
the following Bill and Resolutions of the House and has instructed me to report the same
back to the House with the following recommendations:
HR 13 Do Pass HR 19 Do Pass
HR 110 Do Pass HB 274 Do Pass
Respectfully submitted, 1st Patten of the 149th
Chairman
THURSDAY, JANUARY 31, 1991
293
Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 72 Do Pass, by Substitute
Respectfully submitted, Is/ Twiggs of the 4th
Chairman
Under the general order of business, the following Resolution of the House was taken up for consideration and read the third time:
HR 7. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a lottery or lotteries run by or on behalf of the state; to provide for payment of expenses and prizes; to provide for designation of net proceeds in the annual budget; to provide for creation of a separate budget category entitled "Lot tery Proceeds" and to require specific appropriations therefrom for educational programs and educational purposes; to prohibit other lotteries; to prohibit pari-mutuel betting and casino gambling; to provide for certain constitutional exceptions; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section II of the Constitution is amended by striking in its entirety Paragraph VIII and inserting in lieu thereof a new Paragraph VIII to read as fol lows:
"Paragraph VIII. Lotteries and nonprofit bingo games, (a) AH Except as herein specifically provided in this Paragraph VIII, all lotteries, and the sale of lottery tickets, and all forms of pari-mutuel betting and casino gambling are hereby prohibited; and this prohibition shall be enforced by penal laws? eaeept that the .
(b) The General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this state. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.
(c) The General Assembly may by law provide for the operation and regulation of a lottery or lotteries by or on behalf of the state and for any matters relating to the purposes or provisions of this subparagraph. Proceeds derived from the lottery or lotter ies operated by or on behalf of the state shall be used to pay the operating expenses of the lottery or lotteries, including all prizes, without any appropriation required by law, and for educational programs and purposes as hereinafter provided and such lottery proceeds shall not be subject to Article VII, Section III, Paragraph II; Article III, Sec tion IX, Paragraph VI; or Article III, Section IX, Paragraph IV(c). Net proceeds after payment of such operating expenses shall be specifically identified by the Governor in his annual budget presented to the General Assembly as a separate budget category entitled 'Lottery Proceeds' and the Governor shall make specific recommendations as to educational programs and educational purposes to which said net proceeds shall be appropriated. In the General Appropriations Act adopted by the General Assembly, the
294
JOURNAL OF THE HOUSE,
General Assembly shall appropriate by such separate budget category net proceeds of the lottery or lotteries received and shall specify the educational programs and educa tional purposes to which said net proceeds are appropriated."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed
thereon the following:
"( ) YES ( ) NO
Shall the Constitution be amended so as to provide that the General Assembly may by law provide for the operation and regulation of a state operated and regulated lottery or lotteries, for payment of the expenses of the lottery or lotteries from proceeds derived therefrom, and for the designation of and appropriation from a separate budget category enti tled 'Lottery Proceeds' with the General Appropriations Act specifically identifying to which educational programs and educational purposes net lottery proceeds are appropriated?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The following amendment was read:
Representative White of the 132nd moves to amend HR 7 as follows: By striking on line 3 page 1 the words "or on behalf of. And on page 2 line 5 the words "or on behalf of.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy N Adams N Aiken N Alford N Atkins N Baker N Balkcom NBarfoot N Bargeron N Barnett.B Y Barnett,M N Bates N Beatty N Benefield N Birdsong N Blitch N Bordeaux
N Bostick N Branch N Breedlove Y Brooks Y Brown N Brush NBuck N Buckner YByrd N Campbell
N Canty N Carrell
N Carter N Chafm
N Chambless
N Cheeks N Childere
N Clark,E N Clark.H Y Clark,L N Coker N Coleman N Colwell N Connell
N Culbreth N Cummings.B N Cummings.M
Davis.G Y Davis,M N Dixon,H N Dixon.S
NDobbs N Dover NDunn
N Edwards N EUiott N Felton N Fennel
N Floyd,J.M N Floyd,J.W NFlynt N Godbee N Golden N Goodwin N Green
E Greene N Griffin N Groover N Hamilton N Hammond N Manner
Harris.B N Harris,J N Heard N Henson N Herbert N Hightower N Holland N Holmes N Howard N Hudson N Irwin N Jackson
N Jamieson N Jenkins N Jones N Kilgore NKing N Kingston
N Klein NLadd
NLane,D N Lane,R
N Langford N Lawrence N Lawson
NLee NLong
Lord Y Lucas N Lupton N Mann
N Martin N McCoy N McKelvey N McKinney.B
McKinney.C N Meadows
N Merritt N Milam N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C
N 01iver,M NOrr
N Orrock N Padgett N Parham N Parrish N Patten N Pelote N Perry N Pettit
N Pinholster
N Pinkston NPoag N Porter
N Poston N Powell,A N Powell,C N Purcell N Randall NRay N Reaves Y Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith,L N Smith,P N Smith.T N Smith,W
NSmyre NSnow N Stancil,F
N StanciLS Y Stanley N Stephens N Streat N Taylor
THURSDAY, JANUARY 31, 1991
295
N Teper NThomas.C NThomas.M NThomas,N NThurmond
N Titus N Tolbert N Townsend
Turnquest N Twiggs
N Valenti N Vaughan N Walker,J N Walker.L N Wall
N Ware N Watson N Watts Y White N Wilder
N William8,B Y Williams,J N Williams,R N Yeargin
Murphy,Spkr
On the adoption of the amendment, the ayes were 11, nays 162. The amendment was lost.
The following Committee substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a lottery or lotteries run by or on behalf of the state; to provide for payment of expenses and prizes; to provide for designation of net proceeds in the annual budget; to provide for creation of a separate budget category entitled "Lot tery Proceeds" and to require specific appropriations therefrom for educational programs and educational purposes; to prohibit other lotteries; to prohibit pari-mutuel betting and casino gambling; to provide for certain constitutional exceptions; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article I, Section II of the Constitution is amended by striking in its entirety Paragraph VIII and inserting in lieu thereof a new Paragraph VIII to read as fol lows:
"Paragraph VIII. Lotteries and nonprofit bingo games, (a) AH Except as herein specifically provided in this Paragraph VIII, all lotteries, and the sale of lottery tickets, and all forms of pari-mutuel betting and casino gambling are hereby prohibited; and this prohibition shall be enforced by penal laws; except that the .
(b) The General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this state. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.
(c) The General Assembly may by law provide for the operation and regulation of a lottery or lotteries b_ or on behalf of the state and for any matters relating to the purposes or provisions of this subparagraph. Proceeds derived from the lottery or lotter ies operated b^ or on behalf of the state shall be used to pay the operating expenses of the lottery or lotteries, including all prizes, without any appropriation required by law, and for educational programs and purposes as hereinafter provided. Lottery pro ceeds shall not be subject to Article VII, Section III, Paragraph II; Article III, Section IX, Paragraph VI(a); or Article III, Section IX, Paragraph IV(c), except that the net proceeds after payment of such operating expenses shall be subject to Article VII, Sec tion III, Paragraph II. Net proceeds after payment of such operating expenses shall be separately accounted for and shall be specifically identified by the Governor in his annual budget presented to the General Assembly as a separate budget category entitled 'Lottery Proceeds' and the Governor shall make specific recommendations as to educa tional programs and educational purposes to which said net proceeds shall be appropri ated. In the General Appropriations Act adopted by the General Assembly, the General Assembly shall appropriate all net proceeds of the lottery or lotteries by such separate budget category to educational programs and educational purposes as specified by the General Assembly."
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:
296
JOURNAL OF THE HOUSE,
"( ) YES ( ) NO
Shall the Constitution be amended so as to provide that the General Assembly may by law provide for the operation and regulation of a state operated and regulated lottery or lotteries, for payment of the expenses of the lottery or lotteries from proceeds derived therefrom, and for the designation of and appropriation from a separate budget category enti tled 'Lottery Proceeds' with the General Appropriations Act specifically identifying to which educational programs and educational purposes net lottery proceeds are appropriated?"
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 following amendment was read:
Representatives Yeargin of the 14th, Clark of the 13th and Tolbert of the 58th move to amend the Committee substitute to HR 7 by inserting after the word and symbol "gam bling;" on line 10 of page 1 the following:
"to provide for the imposition of sales and use taxes on the sale of lottery tickets;".
By inserting before the quotation marks on line 31 of page 2 the following:
"The sale of any lottery ticket shall be subject to all state and local sales and use taxes levied and imposed where such ticket is sold."
By inserting after the word "appropriated" on line 20 of page 3 the following:
"and to provide that the sale of lottery tickets shall be subject to sales and use taxes".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams Y Aiken N Alford N Atkins N Baker
N Balkcom N Barfoot N Bargeron N Barnett.B Y Barnett,M N Bates
Y Beatty N Benefield N Birdsong N Blitch
N Bordeaux N Bostick Y Branch
N Breedlove N Brooks Y Brown Y Brush NBuck N Buckner YByrd N Campbell N Canty N Carrell N Carter NChafin N Chambless
N Cheeks N Childers N Clark,E N Clark,H Y Clark,L
N Coker Y Coleman N Cohvell
N Connell N Culbreth N Cumminga.B N Cummings,M
Davis,G N Davis.M N Di*on,H N Dixon,S NDobbs N Dover
NDunn N Edwards N Elliott N Felton
N Fennel N FloydJ.M N FloydJ.W
NFlynt NGodbee
N Golden N Goodwin Y Green E Greene N Griffin
N Groover N Hamilton N Hammond N Manner
Harris.B N Harris,.] N Heard N Henson Y Herbert N Hightower N Holland N Holmes Y Howard N Hudson NIrwin N Jackson N Jamieson Y Jenkins N Jones N Kilgore NKing N Kingston Y Klein
NLadd N Lane,D N Lane.R
Y Langford Y Lawrence N Lawson NLee
NLong Lord
Y Lucas N Lupton NMann N Martin NMcCoy Y McKelvey N McKinney,B N McKinney.C N Meadows N Merritt NMilam N Mills N Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M YOrr NOrrock
N Padgett N Parham N Parrish N Patten N Pelote N Perry N Pettit N Pinholster N Pinkston NPoag N Porter
NPoston N PowellA N Powell.C N Purcell NRandall
YRay N Reaves Y Redding Y Ricketson N Royal N Selman N Sherrill
N Simpson N Sinkfield N Skipper
Y Smith,L Y Smith,P Y Smith.T N Smith.W N Smyre
Snow N Stancil.F Y StanciLS N Stanley N Stephens Y Streat N Taylor N Teper N Thomas,C N Thomas.M N Thomas.N Y Thurmond
THURSDAY, JANUARY 31, 1991
297
N Titus Y Tolbert N Townsend N Turnquest
Y Twiggs N Valenti Y Vaughan N Walker,J
Y Walker,L N Wall N Ware N Watson
Y Watts Y White
N Wilder
Y Williams.B
On the adoption of the amendment, the ayes were 42, nays 132. The amendment was lost.
Y William8,J N Williams,R
Y Yeargin
Murphy ,Spkr
The following amendment was read:
Representative Clark of the 13th moves to amend the Committee substitute to HR 7 as follows:
To add a new Section "(d)" to read:
"That no establishment that sells alcoholic beverages shall be allowed to engage in the sale of lottery tickets".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams Y Aiken N Alford N Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett,B N Barnett.M N Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick
Y Branch N Breedlove
Brooks N Brown Y Brush NBuck N Buckner YByrd N Campbell Y Canty N Carrell N Carter NChafin N Chambless N Cheeks N Childers N Clark,E N Clark.H
Y Clark,L
N Coker N Coleman
N Colwell N Connell N Culbreth
N Cummings.B N Cummings,M
Davis.G Y Davis.M N Dixon.H
Dixon.S NDobbs Y Dover NDunn
N Edwards N Elliott N Felton N Fennel N Floyd,J.M N FloydJ.W NFlynt N Godbee N Golden N Goodwin N Green E Greene
N Griffin N Groover N Hamilton
N Hammond N Hanner
Harris,B N Harris,J N Heard N Henson
Y Herbert N Hightower N Holland N Holmes N Howard N Hudson NIrwin
N Jackson N Jamieson Y Jenkins N Jones N Kilgore NKing N Kingston N Klein NLadd NLane.D N Lane,R N Langford N Lawrence N Lawson NLee
Long NLord N Lucas N Lupton NMann N Martin N McCoy Y McKelvey N McKinney,B
McKinney.C N Meadows N Merritt NMilam N Mills
N Mobley Y Moody N Morsberger N Moultrie N Mueller Y Oliver.C N Oliver,M NOrr N Orrock
N Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pettit
N Pinholster N Pinkston NPoag N Porter N Poston N Powell,A N Powell.C N Purcell
N Randall NRay N Reaves
Redding N Ricketson N Royal N Selman N Sherrill
N Simpson N Sinkfield N Skipper N Smith,L
On the adoption of the amendment, the ayes were 22, nays 148. The amendment was lost.
Y Smith,P Y Smith.T N Smith,W N Smyre
NSnow N Stancil,F N Stancil.S N Stanley N Stephens N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas,N N Thurmond N Titus Y Tolbert N Townsend N Turnquest Y Twiggs N Valenti N Vaughan N Walker,J N Walk,L NWall N Ware N Watson N Watts
White N Wilder Y Williams,B N Williams^J N Williams,R Y Yeargin
Murphy,Spkr
The following amendment was read:
Representatives Childers of the 15th and McKelvey of the 15th move to amend the Committee substitute to HR 7 as follows:
298
JOURNAL OF THE HOUSE,
By placing a period after the word "state" on line 3 page 1 and striking the language after the word "state" page 1 through the word "exceptions" on line 11 page 1. By placing a period after the word "lotteries" on page 2 line 4 and striking the remaining language after the word "lotteries" on line 4 page 2 through the word "Assembly" on line 31 page 2, and by placing a period after the word "lotteries" on page 3 line 10 and striking the language beginning with the word "for" on line 10 page 3 through the word "appropriated"
on line 20 page 3.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy N Adams N Aiken
N Alford N Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett,B Y Barnett,M N Bates N Beatty N Benefield
N Birdsong N Blitch N Bordeaux N Bostick N Branch N Breedlove N Brooks N Brown N Brush NBuck N Buckner YByrd N Campbell N Canty NCarrell N Carter N Chafin N Chambless N Cheeks Y Childers N Clark,E
N Clark.H
Y Clark,L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B N Cummings,M N Davis.G
Y Davis,M N Dixon,H
Dixon,S N Dobbs Y Dover
N Dunn Y Edwards
N Elliott N Felton
N Fennel N Floyd,J.M N Floyd,J.W
NFlynt N Godbee N Golden N Goodwin N Green E Greene N Griffin N Groover N Hamilton N Hammond N Manner
Harris.B N Harris,J N Heard N Henson
Y Herbert N Hightower N Holland N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins
N Jones N Kilgore NKing N Kingston
N Klein NLadd N Lane,D N Lane,R N Langford
N Lawrence N Lawson NLee
NLong NLord
Y Lucas N Lupton NMann N Martin NMcCoy Y McKelvey N McKinney.B N McKinney.C N Meadows N Merritt NMUam N Mills
N Mobley Y Moody N Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M NOrr N Orrock N Padgett
N Parham N Parrish N Patten
N Pelote N Perry N Pettit N Pinholster N Pinkston NPoag N Porter N Poston N Powell,A N Powell,C N Purcell NRandall
NRay N Reaves N Redding N Ricketson N Royal
N Selman N Sherrill N Simpson N Sinkfield
N Skipper N Smith,L
On the adoption of the amendment, the ayes were 12, nays 161. The amendment was lost.
N Smith.P N Smith.T N Smith,W N Smyre N Snow N Stancil,F N Stancil,S N Stanley N Stephens N Streat N Taylor N Teper N Thomas.C N Thomas,M N Thomas.N N Thurmond N Titus N Tolbert N Townsend N Turnquest
Twiggs N Valenti N Vaughan N Walker,J N Walker,L NWall N Ware N Watson Y Watts
White N Wilder N Williams,B N WilliamsJ N Williams,R
Yeargin Murphy,Spkr
The following amendment was read:
Representative Orr of the 9th moves to amend the Committee substitute to HR 7 as follows:
By inserting on page 3, line 7, immediately following the word "to", the words "pro hibit all forms of pari-mutuel betting and casino gambling and so as to".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abemathy Y Adams N Aiken
N Alford N Atkins N Baker
N Balkcom N Barfoot N Bargeron
N Barnett.B N Barnett.M
N Bates
Y Beatty N Benefield
N Birdsong
THURSDAY, JANUARY 31, 1991
N Blitch N Bordeaux N Bostick N Branch Y Breedlove N Brooks N Brown
Y Brush NBuck N Buckner YByrd N Campbell N Canty N Carrell
N Carter N Chafm N Chambless
N Cheeks N Childers
N Clark,E N Clark,H Y Clark,L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings3 N Cummings.M N Davis,G Y Davis,M Y Dixon.H Y Dison,S
N Dobbs N Dover
NDunn N Edwards N Elliott N Felton N Fennel N FloydJ.M N Floyd,J.W N Flynt NGodbee N Golden
N Goodwin N Green E Greene N Griffin N Groover
N Hamilton N Hammond N Manner
Harris.B N Harris,J N Heard N Henson Y Herbert N Hightower N Holland Y Holmes N Howard N Hudson N Irwin Y Jackson N Jamieson
N Jenkins N Jones N Kilgore NKing Y Kingston Y Klein YLadd N Lane,D N Lane.R N Langford Y Lawrence Y Lawson NLee N Long NLord
N Lucas Y Lupton NMann N Martin N McCoy N McKelvey N McKinney.B N McKinney.C N Meadows N Merritt N Milam N Mills N Mobley Y Moody N Morsberger N Moultrie N Mueller N Oliver.C
N Oliver.M YOrr N Orrock N Padgett NParham N Parrish N Patten Y Pelote N Perry N Pettit
N Pinholster N Pinkston
NPoag N Porter N Poston N Powell,A N Powell.C N Purcell N Randall NRay N Reaves Y Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith,L Y Smith.P Y Smith.T N Smith,W
On the adoption of the amendment, the ayes were 33, nays 144. The amendment was lost.
299
N Smyre N Snow N Stancil.F Y Stancil.S Y Stanley N Stephens N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N Y Thurmond N Titus Y Tolbert Y Townsend N Turnquest Y Twiggs N Valenti N Vaughan N Walker,J N Walker.L N Wall N Ware N Watson N Watts Y White N Wilder Y Williams,B N Williams,J N Williams.R Y Yeargin
Murphy.Spkr
The following amendment was read:
Representative Thurmond of the 67th moves to amend the Committee substitute to HR 7 by inserting after the word "purposes" on line 8 of page 1 the following:
"and for rehabilitation and treatment programs and services for compulsive gamblers".
By inserting after the word "purposes" on line 12 of page 2 the following:
"and for rehabilitation and treatment programs and services for compulsive gamblers".
By inserting after the word and symbol "appropriated." on line 26 of page 2 the fol lowing:
"The Governor shall also make specific recommendations as to rehabilitation and treatment programs and services for compulsive gamblers to which said net proceeds shall be appropriated.".
By inserting after the word "purposes" on line 30 of page 2 the following:
"and to rehabilitation and treatment programs and services for compulsive gamblers".
By inserting after the word "purposes" on line 19 of page 3 the following:
"and to which rehabilitation and treatment programs and services for compulsive gam blers".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
300
JOURNAL OF THE HOUSE,
N Abernathy Y Adams Y Aiken Y Alford N Atkins N Baker N Balkcom NBarfoot N Bargeron N Batnett.B
N Barnett,M Y Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick
Y Branch N Breedlove Y Brooks Y Brown Y Brush NBuck N Buckner
YByrd N Campbell
Y Canty YCarrell N Carter
N Chafin N Chambless
N Cheeks Y Childers N Clark,E N Clark.H
Y Clark,L N Coker
N Coleman N Colwell NConnell N Culbreth Y Cummings,B Y Cummings,M
Y Davis,G Y Davis,M
N Dixon.H Y Don,S NDobbs Y Dover N Dunn N Edwards N Elliott N Felton N Fennel N Floyd,J.M N Floyd,J.W NFlynt
NOodbee N Golden N Goodwin N Green E Greene N Griffin N Groover N Hamilton N Hammond N Manner
Y Harris.B N Harris,,! N Heard
N Henson
Y Herbert N Hightower N Holland Y Holmes Y Howard Y Hudson NIrwin N Jackson
N Jamieson Y Jenkins N Jones N Kilgore NKing N Kingston Y Klein NLadd N Lane.D NLane.R N Langford Y Lawrence
N Lawson NLee
NLong NLord
Y Lucas Y Lupton NMann
N Martin N McCoy Y McKelvey N McKinney,B Y McKinney.C N Meadows Y Merritt
NMilam N Mills
N Mobley Y Moody Y Morsberger N Moultrie N Mueller Y Oliver.C Y 01iver,M YOrr N Orrock N Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pettit N Pinholster N Pinkston NPoag N Porter N Poston N Powell,A N Powell.C N Purcell NRandall
YRay N Reaves Y Redding N Ricketson
N Royal N Selman N Sherrill
N Simpson Y Sinkfield N Skipper N Smith.L
Y Smith,P Y Smith.T N Smith.W NSmyre N Snow N Stancil,F Y Stancil,S Y Stanley N Stephens N Streat Y Taylor NTeper Y Thomas.C
Y Thomas.M N Thomas.N Y Thurmond N Titus
Y Tolbert N Townsend Y Turnquest Y Twiggs Y Valenti N Vaughan Y Walker,J N Walker,L N Wall
NWare N Watson Y Watts Y White Y Wilder Y Williams.B
Y Williams,J N Williams.R
Y Yeargin Murphy,Spkr
On the adoption of the amendment, the ayes were 61, nays 117. The amendment was lost.
The following amendment was read:
Representatives McKinney of the 40th, et al. move to amend the Committee substitute to HR 7 by adding after the word and symbol "prizes;" on line 4 of page 1 the following:
"to provide for minority participation in contracts with the state which arise from the operation of a lottery;".
Adding after the word and symbol "subparagraph." on line 7 of page 2 the following:
"Any law which provides for the operation and regulation of a lottery or lotteries by or on behalf of the state shall provide for meaningful, legitimate participation by minor ity business enterprises in any contracting opportunities with the state which arise out of the operation of such lottery or lotteries, including, but not limited to, those relating to professional construction and supplier services which shall exceed $2,500.00."
Adding following the word and symbol "therefrom," on line 13 of page 3 the following:
"for minority participation in any contract with the state arising from the operation of a lottery,".
The following amendment was read and adopted:
Representative McKinney of the 40th moves to amend the McKinney amendment to HR 7 as follows:
Line 6 strike "provide for" and replace with "encourage".
THURSDAY, JANUARY 31, 1991
301
Line 13 strike "shall provide for" and replace with "should encourage". Line 18 place a period after "services" and delete rest of Line 18 and Line 19. Line 22 insert before "minority" and after "for" the words "encouragement of.
On the adoption of the McKinney, et al. amendment, as amended, Representative White of the 132nd moved the "ayes" and "nays", and the motion was not sustained.
The McKinney, et al. amendment, as amended, was lost.
The following amendment was read:
Representative White of the 132nd moves to amend the Committee substitute to HR 7 as follows:
By striking on line 3 - page 1 the words "or on behalf of.
And on page 2 line 5 - the words "or on behalf of.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy N Adams Y Aiken
N Alford N Atkins N Baker N Balkcom
N Barfoot N Bargeron N Barnett,B Y Barnett,M N Bates N Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick N Branch N Breedlove Y Brooks Y Brown
Brush NBuck N Buckner YByrd N Campbell N Canty N Carrell N Carter N Chafm N Chambless N Cheeks N Childers
N Clark,E N Clark,H
Y Clark,L N Coker N Coleman
N Colwell N Connell N Culbreth N Cummings.B N Cummings,M Y Davis.G Y Davis.M N Dixon,H N Dixon,S N Dobbs N Dover
N Dunn N Edwards N Elliott N Felton N Fennel
N Floyd,J.M N FloydJ.W
NFlynt NGodbee N Golden N Goodwin
N Green E Greene N Griffin N Groover
N Hamilton N Hammond N Manner
Harris.B N Harris,J N Heard N Henson
N Herbert N Hightower N Holland N Holmes
Howard N Hudson NIrwin N Jackson N Jamieson N Jenkins N Jones N Kilgore NKing N Kingston N Klein NLadd N Lane,D
N Lane,R N Langford N Lawrence N Lawson NLee N Long
Lord Y Lucas
N Lupton NMann N Martin NMcCoy N McKelvey N McKinney.B
McKinney.C N Meadows N Merritt NMilam N Mills
N Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C N 01iver,M NOrr
NOrrock N Padgett NParham N Parrish
N Patten N Pelote N Perry N Pettit
N Pinholster N Pinkston
NPoag N Porter N Poston N PowelU N Powell,C N Purcell
NRandall NRay N Reaves Y Redding N Ricketson
N Royal Y Selman N Sherrill N Simpson N Sinkfleld N Skipper N Smith,L
N Smith,P N Smith.T N Smith.W NSmyre N Snow
N Stancil.F N Stancil,S Y Stanley N Stephens N Street Y Taylor N Teper
N Thomas.C N Thomas.M N Thomas,N
N Thurmond N Titus N Tolbert N Townsend N Turnquest NTwiggs N Valenti N Vaughan N WalkerJ N Walker,L N Wall N Ware N Watson N Watts Y White Y Wilder N Williams.B Y Williams,J
N Williams,R N Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 17, nays 156. The amendment was lost.
The following amendment was read:
Representative Ladd of the 44th moves to amend the Committee substitute to HR 7 by adding on line 8 of page 1 after the semicolon and before the word "to" the following:
302
JOURNAL OF THE HOUSE,
"to provide conditions for appropriations;"
By striking line 31 of page 2 and inserting in lieu thereof the following:
"Assembly; provided, however, the General Assembly shall not appropriate any por tion of the net proceeds of the lottery or lotteries unless the General Appropriations Act also appropriates, per student, an amount for educational purposes from other sources of state revenue which equals or exceeds such amount appropriated, per student, in the General Appropriations Act for the immediately preceding fiscal year, as adjusted by the annual percentage change in the Consumer Price Index or the annual percentage change in the state budget, whichever is less.'"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy N Adams Y Aiken N Alford N Atkins N Baker N Balkcom NBarfoot N Bargeron N Barnett.B Y Barnett,M N Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux N Boatick N Branch Y Breedlove N Brooks N Brown Y Brush
NBuck N Buckner YBytd N Campbell
Y Canty N Carrell
N Carter NChafin N Chambless
N Cheeks Y Childere Y Clark,E Y Clark,H
Y Clark,L
N Coker N Coleman N Colwell N Connell
N Culbreth N Cummings.B N Cummings,M N Davis.G Y Davis.M
N Diion,H N Dixon.S
N Dobbs N Dover NDunn N Edwards N Elliott
Felton N Fennel N Floydj.M N Floyd,J.W N Flynt N Godbee N Golden N Goodwin N Green E Greene N Griffin N Groover N Hamilton N Hammond
N Banner Y Harris,B N Harris,J N Heard N Henson
Y Herbert N Hightower N Holland N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson N Jenkins N Jones N Kilgore NKing Y Kingston Y Klein
YLadd N Lane.D
N Lane.R N Langford
Y Lawrence N Lawson NLee N Long
Lord Y Lucas N Lupton N Mann N Martin N McCoy Y McKelvey
McKinney,B McKinney,C N Meadows N Merritt N Milam N Mills
N Mobley Y Moody Y Morsberger
N Moultrie N Mueller N Oliver.C N Oliver.M YOrr N Orrock N Padgett N Parham N Parrish
N Patten Y Pelote N Perry N Pettit Y Pinholster N Pinkston NPoag N Porter
N Poston N PowelLA
N PowellC N Purcell
NRandall NRay N Reaves N Redding Y Ricketson N Royal Y Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith.L
On the adoption of the amendment, the ayes were 38, nays 135. The amendment was lost.
Y Smith.P N Smith.T N Smith.W
N Smyre NSnow N Stancil.F Y Stancil,S N Stanley N Stephens N Streat Y Taylor N Teper N Thomas.C N Thomas,M N Thomas,N Y Thurmond N Titus Y Tolbert N Townsend N Turnquest
Twiggs N Valenti Y Vaughan N Walker,J N Walker,L
N Wall N Ware N Watson N Watts
Y White Y Wilder Y Williams,B N Williams.J
Y Williams.R Y Yeargin
Murphy.Spkr
The following amendment was read:
Representatives Byrd of the 153rd and Dixon of the 128th move to amend the Com mittee substitute to HR 7 by inserting after the word and symbol "gambling;" on line 10 of page 1 the following:
"to provide for restrictions on use of public funds for advertising a lottery;".
By inserting before the quotation marks on line 31 of page 2 the following:
"No public funds, including proceeds derived from such a lottery, shall be expended for the purpose of advertising such lottery or the sale of tickets to such lottery in any manner or in any media."
THURSDAY, JANUARY 31, 1991
303
By inserting after the word "appropriated" on line 20 of page 3 the following: "and to provide that no public funds may be expended to advertise a lottery".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams Y Aiken NAlford
N Atkins N Baker NBalkcom
N Baifoot Bargeron
N Barnett.B
Y Bamett,M Y Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick Y Branch N Breedlove N Brooks N Brown Y Brush NBuck N Buckner
YByrd N Campbell
N Canty Y Carrell N Carter NChafm
N Chambless N Cheeks Y Childere N ClarkJE N Clark.H
Y Clark,L N Coker N Coleman N Colwell N Connell N Culbreth
Y Cummings,B N Cummings.M N Davis.G Y Davis.M N Diion,H Y Don,S NDobbs Y Dover
YDunn N Edwards N Elliott N Felton N Fennel N Floyd,J.M N FloydJ.Vf NFlynt NGodbee N Golden N Goodwin N Green
E Greene N Griffin N Groover N Hamilton
N Hammond N Manner Y Harris,B NHarris.J N Heard N Henson
Y Herbert N Hightower N Holland N Holmes N Howard
N Hudson NIrwin
N Jackson N Jamieson Y Jenkins N Jones N Kilgore NKing
Y Kingston Y Klein
NLadd N Lane.D
N Lane.R Y Langford
N Lawrence N Lawson NLee
YLong Lord
Y Lucas N Lupton NMann N Martin N McCoy Y McKelvey
McKinney.B McKinney.C N Meadows N Merritt NMilam N Mills
N Mobley Y Moody N Morsberger N Moultrie N Mueller Y Oliver.C N Oliver.M NOrr NOrrock
N Padgett N Parham N Parrish N Patten N Pelote N Perry N Pettit N Pinholster N Pinkston NPoag N Porter N Poston N Powell,A N Powell.C N Purcell NRandall NRay N Reaves
Redding Y Ricketson N Royal
YSelman N Sherrill N Simpson N Sinkfield N Skipper Y Smith,L
On the adoption of the amendment, the ayes were 40, nays 133. The amendment was lost.
Y Smith,P Y Smith,T N Smith,W NSmyre NSnow N Stancil,F Y StanciLS
Y Stanley N Stephens N Streat N Taylor NTeper
N Thomas,C N Thomas.M N Thomas.N Y Thurmond N Titus Y Tolbert N Townsend N Turnquert YTwiggs N Valenti N Vaughan N WalkerJ N Walker,L NWall N Ware N Watson N Watts Y White N Wilder Y Williams,B N WilliamsJ N Williams,R Y Yeargin
Murphy ,Spkr
The following amendment was read:
Representative Byrd of the 153rd moves to amend the Committee substitute to HR 7 by inserting following the word "exceptions" on line 11 of page 1 the following:
"; to require the state auditor to compile and distribute to members of the General Assembly an annual report on state expenditures for the treatment of gambling addic tions and related problems".
By striking line 31 of page 2 and inserting in lieu thereof the following:
"Assembly. The state auditor shall compile and distribute to members of the General Assembly an annual report on state expenditures for the treatment of gambling addic tions and related problems.'".
By striking line 20 of page 3 and inserting in lieu thereof the following:
"appropriated and to require the state auditor to compile and distribute to members of the General Assembly an annual report on state expenditures for the treatment of gambling addictions and related problems?'".
304
JOURNAL OF THE HOUSE,
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams Y Aiken NAlford N Atkins N Baker N Balkcom NBarfoot N Bargeron
N Barnett,B Y Barnett.M N Bates Y Beatty N Benefield
N Birdsong NBlitch Y Bordeaux N Bostick Y Branch N Breedlove N Brooks N Brown Y Brush NBuck N Buckner
YByrd N Campbell
N Canty NCarreU
N Carter N Chafm N Chambless N Cheeks
N Childere N Clark,E N Clark,H
Y Clark,L N Coker N Coleman N Colwell N Connell N Culbreth Y Cummings,B N Curomings.M N Davis,G Y Davis.M N Dim,H Y Di*on,S NDobbs Y Dover NDunn N Edwards N Elliott N Felton N Fennel N FloydJ.M N Floyd,J.W
NFlynt NGodbee N Golden N Goodwin N Green
E Greene N Griffin N Groover N Hamilton N Hammond
N Manner Y Harris,B N HarrisJ N Heard N Henson
Y Herbert N Hightower N Holland N Holmes N Howard N Hudson NIrwin N Jackson N Jamieson Y Jenkins N Jones N Kilgore NKing N Kingston Y Klein NLadd N Lane,D NLane.R Y Langford N Lawrence N Lawson
NLee NLong
Lord Y Lucas Y Lupton NMann N Martin NMcCoy Y McKelvey
McKinney.B
N McKinney.C N Meadows
Y Merritt NMilam N Mills
N Mobley Y Moody N Morsberger N Moultrie N Mueller N Oliver.C
N 01iver,M NOrr NOrrock N Padgett N Parham N Parrish N Patten Y Pelote
N Perry N Pettit N Pinholster N Pinkston
NPoag N Porter NPoston
N Powell,A N Powell,C N Purcell
N Randall
NRay N Reaves
Y Redding N Ricketson N Royal
YSelman N Sherrill N Simpson N Sinkfield N Skipper N Smith.L
On the adoption of the amendment, the ayes were 36, nays 139. The amendment was lost.
Y Smith.P Y Smith.T N Smith,W
NSmyre N Snow N Stancil,F N Stncil,S
Y Stanley N Stephens
N Streat Y Taylor N Teper
N Thomas,C N Thomas,M N Thomas.N Y Thurmond N Titus Y Tolbert N Townsend N Turnquest Y Twiggs N Valenti N Vaughan N Walker,J N Walker.L N Wall
Ware N Watson N Watts Y White N Wilder Y Williams,B N Williams.J N Williams,R Y Yeargin
Murphy.Spkr
The following amendment was read:
Representative Byrd of the 153rd moves to amend the Committee substitute to HR 7 by adding following the word "purposes" on line 8 of page 1 the following:
"; to repeal the provisions authorizing the General Assembly to provide by law for a lottery or lotteries on January 1, 1999".
By striking line 31 of page 2 and inserting in lieu thereof the following:
"Assembly. (d) Subparagraph (c) of this Paragraph VIII is repealed on January lj 1999.'".
By striking line 20 of page 3 and inserting in lieu thereof the following:
"appropriated and to provide that the authority of the General Assembly to provide by law for a lottery or lotteries is repealed on January 1, 1999?'".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams Y Aiken
NAlford N Atkins
N Baker
N Balkcom N Barfoot N Bargeron
N Barnett.B Y Barnett,M Y Bates
Y Beatty N Benefield
N Birdsong
THURSDAY, JANUARY 31, 1991
305
N Blitch N Bordeaux N Bostick Y Branch Y Breedlove
N Brooks N Brown Y Brush NBuck N Buckner
YByrd N Campbell
N Canty N Carrell N Carter NChafm N Chambless N Cheeks
N Childers N Clark.E N Clark,H Y Clark,L N Coker N Coleman N Colwell N Connell N Culbreth Y Cummings,B N Cummings,M N Davis,G Y Davis.M
Dixon,H Y Dixon,S
N Dobbs Y Dover YDunn
N Edwards N Elliott N Felton N Fennel N Floyd,J.M N Floyd,J.W
NFlynt N Godbee N Golden N Goodwin N Green E Greene N Griffin
N Groover N Hamilton N Hammond N Manner Y Harris.B N Harris,J N Heard N Henson Y Herbert N Hightower
N Holland N Holmes N Howard
N Hudson N Irwin
N Jackson N Jamieson
Y Jenkins N Jones N Kilgore NKing
Y Kingston Y Klein YLadd YLane,D N Lane,R Y Langford N Lawrence N Lawson NLee
Long
Lord Y Lucas Y Lupton NMann N Martin NMcCoy Y McKelvey
McKinney.B N McKinney.C N Meadows N Merritt NMilam N Mills
N Mobley Y Moody Y Morsberger N Moultrie Y Mueller Y Oliver.C
N Oliver.M NOrr
Orrock
N Padgett N Parham
N Parrish N Patten Y Pelote N Perry N Pettit N Pinholster N Pinkston NPoag N Porter
NPoston N Powell,A N Powell,C N Purcell NRandall NRay N Reaves N Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper Y Smith,L Y Smith.P Y Smith,T N Smith,W
N Smyre NSnow N Stancil.F N Stancil,S N Stanley N Stephens N Streat N Taylor NTeper N Thomas.C N Thomas.M N Thomas,N N Thurmond N Titus Y Tolbert Y Townsend N Turnquest YTwiggs N Valenti N Vaughan N Walker,J N Walker,L N Wall
Ware N Watson N Watts Y White N Wilder Y Williams.B N Williams,J N Williams,R Y Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 40, nays 132. The amendment was lost.
The Committee substitute was adopted.
A substitute, offered by Representative Lupton of the 25th, was ruled out of order.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams Y Aiken N Alford Y Atkins Y Baker N Balkcom N Barfoot N Bargeron Y Barnett,B Y Barnett,M N Bates N Beatty Y Benefield N Birdsong Y Blitch Y Bordeaux Y Bostick N Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner NByrd Y Campbell Y Canty Y Carrell Y Carter YChafin Y Chambless Y Cheeks Y Childers
Y Clark,E Y Clark,H N Clark,L Y Coker Y Coleman N Colwell Y Connell Y Culbreth N Cummings,B Y Cumm>ngs,M Y Davis.G N Davis.M Y Dixon.H N Dixon,S
Y Dobbs N Dover Y Dunn Y Edwards N Elliott N Felton Y Fennel Y Floyd,J.M Y FloydJ.W YFlynt Y Godbee Y Golden Y Goodwin Y Green E Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner N Harris,B Y Harris,J N Heard Y Henson
N Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson N Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein NLadd N Lane,D Y Lane.R N Langford N Lawrence Y Lawson YLee NLong
Lord
N Lucas N Lupton YMann Y Martin Y McCoy N McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt N Milam Y Mills Y Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
306
JOURNAL OF THE HOUSE,
Y Patten YPelote Y Perry Y Pettit YPinholster Y Pinkston Y Poag Y Porter Y Poston Y PowelU Y PoweU.C Y Purcell
Y Randall YRay N Reaves Y Redding N Ricketson N Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
N Smith,P N Smith,T Y Smith.W Y Smyre Y Snow N Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond N Titus Y Tolbert Y Townsend Y Tumquest N Twiggs Y Valenti Y Vaughan Y Walker,J
N Walker.L Y Wall N Ware Y Watson N Watts N White Y Wilder N Williams.B Y Williams,J Y Williams,R N Yeargin
Murphy,Spkr
On the adoption of the Resolution, by substitute, the ayes were 126, nays 51.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.
Representative Jimmy Lord asked that the following communication be read into the Journal: Let the record show that I was called from the House because of an emergency but I would like the record to show that I would have voted "nay" on the adoption of HR 7 had I been present.
/s/ Jimmy Lord District No. 107
Representative Langford of the 7th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite two-thirds constitutional major
ity to HR 7.
The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:
HB 85. By Representatives Coleman of the 118th, Walker of the 115th, Adams of the 79th and Parrish of the 109th:
A bill to amend an Act providing appropriations for State Fiscal Year 1990-1991 known as the "General Appropriations Act".
The following Senate substitute was read:
A BILL
To Amend an Act providing appropriations for State Fiscal Year 1990-1991 known as the "General Appropriations Act" approved April 17, 1990 (Ga.L. 1990, p. 2338) in order to make and provide additional appropriations totaling $22,626,000 to permit the State to issue no more than $226,260,000 of general obligation debt; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1990-1991, as amended, known as the "General Appropriations Act" approved April 17, 1990 (Ga. L. 1990, p. 2338) is further amended by creating a new Section 84 which appropriates funds from the mid-year adjustment reserve to the General Obligation Debt Sinking Fund (New) and reads as follows:
"Section 84. In addition to the appropriation in Section 44 of this General Appropri ations Act for State Fiscal Year 1990-1991, for "State of Georgia General Obligation Debt Sinking Fund (New)," the sum of $22,626,000 is appropriated to the State of Georgia Gen eral Obligation Debt Sinking Fund (New) from the mid-year adjustment reserve to permit
THURSDAY, JANUARY 31, 1991
307
the issuance of no more than $226,260,000 of general obligation debt. The particular maxi mum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are speci fied as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $5,800,000 is specifically appropriated for the pur pose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $58,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,500,000 is specifically appropriated for the State Board of Education for the purposes of financing educational facilities for county and independent school systems, and of financing certain public library facilities for county and independent school systems, counties, municipalities and boards of trustees of public library systems, including but not necessarily, for the unpaid-for portions of those certain projects of the systems which were funded by appropriations of the General Appropria tions Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $550,000 is specifically appropriated for the purpose of financing the construction of facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $900,000 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources by means of the acquisi tion, construction, development, extension, enlargement, and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $9,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,260,000 is specifically appropriated for the pur pose of financing facilities for the Board of Regents of the University System of Georgia, by means of acquisition, construction, development, extension, enlargement and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Board which were funded by appropri ations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not com pleted, through the issuance of not more than $12,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months.
308
JOURNAL OF THE HOUSE,
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $140,000 is specifically appropriated for the purpose of financing facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, nec essary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $1,400,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,750,000 is specifically appropriated for the pur pose of financing a program of Developmental Highways and four-lane and passing-lane construction for the Department of Transportation, by means of the acquisition, construc tion, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropri ations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $47,500,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $7,726,000 is specifically appropriated for the pur pose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $77,260,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Walker of the 115th moved that the House agree to the Senate substi tute to HB 85.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken YAlford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B
Barnett,M Y Bates Y Beatty
Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown N Brush YBuck Y Buckner YByrd
Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings,B
Y Cummings.M Y Davis,G
Davis.M Y Dixon,H
Y Dixon,S YDobbs Y Dover Y Dunn Y Edwards
Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Hanner
Y Harris,B Y Harris,J
Y Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson
Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Y Kingston Y Klein YLadd Y Lane,D
Y Lane.K Y Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
Y McKinney,B Y McKinney.C
Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett
YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Y Poston Y Powell,A
THURSDAY, JANUARY 31, 1991
Y Powell.C YPurcell
Randall Y Ray Y Reaves Y Redding YRicketoon Y Royal YSelman YSherrill
Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,? Y Smith,T Y Smith,W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
ThomasJVI Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
On the motion, the ayes were 167, nays 1. The motion prevailed.
309
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
Representative Barnett of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Judiciary and referred to the Committee on Special Judiciary:
HB 376. By Representatives Orrock of the 30th, Smyre of the 92nd, Poston of the 2nd, Teper of the 46th, Bostick of the 138th and others:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain conduct based on the status of a person.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Education and referred to the Committee on Health and Ecology:
HB 275. By Representatives Abernathy of the 39th, Groover of the 99th, Randall of the 101st, Walker of the 115th, Redding of the 50th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro hibit smoking by students on public school property and school buses; to provide an exception for persons enrolled in an adult general education pro gram.
The following communication was received:
The General Assembly State Capitol Atlanta
TO: THE GOVERNOR, LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES, MEMBERS OF THE GENERAL ASSEMBLY OF GEORGIA, AND OTHER INTERESTED PERSONS
REPORT OF THE HOUSE OLDER GEORGIANS' TRANSPORTATION
STUDY COMMITTEE
310
JOURNAL OF THE HOUSE,
THE COMMITTEE
Honorable Kenneth W. Birdsong, Chairman Representative, 104th District
Honorable Sonny Dixon Representative, 128th District
Honorable Paul W. Heard, Jr. Representative, 43rd District
Honorable LaNett Stanley Representative, 33rd District
Honorable Van Streat, Sr. Representative, 139th District
January, 1991
REPORT OF THE HOUSE OLDER GEORGIANS'
TRANSPORTATION STUDY COMMITTEE
Introduction
The House Older Georgians' Transportation Study Committee was created by House Resolution 634, adopted at the regular 1990 session of the General Assembly. The commit tee was directed to study the conditions, needs, issues, and problems faced by the older citizens of this state in obtaining transportation to meet their medical, emergency, shop ping, and social needs. Public hearings were held in Atlanta, Douglas, Savannah, and Rome to receive the testimony of senior citizens and representatives of service agencies serving the needs of seniors regarding the special transportation needs of the elderly and their suggestions and proposals for improving access of the elderly to transportation.
Findings
The committee heard testimony from senior citizens throughout the state attesting to the critical need for better transportation for the elderly and, particularly, for the increas ing numbers of the frail elderly. The need for dependable, accessible, affordable transpor tation affects virtually every aspect of life for senior citizens and was cited as their top priority. Many senior citizens are no longer physically capable of driving their own vehicles but are often unable to afford private transportation because they are on fixed incomes. Population projections indicate that there will be a tremendous increase in the 65+ age category by the year 2000. Thus, the transportation needs of this segment of our popula tion may be expected to increase dramatically.
The often enormous difficulties faced by seniors in obtaining transportation to medi cal care, both in emergency and nonemergency situations, may greatly worsen existing medical problems. The inability of seniors to obtain timely medical treatment due to lack of transportation may result in a senior's delaying a visit to a doctor or hospital until his or her condition is critical, resulting in the need for more extensive and expensive medical treatment than would have been originally necessary.
Programs exist throughout the State of Georgia to provide meals and other social ser vices to eligible senior citizens; however, many such programs appear to be unable to serve more than a small fraction of the eligible elderly population due to transportation limita tions. In some instances, the committee was informed that funding exists for increased meals-on-wheels service, but no transportation is available to deliver additional meals. The inability to obtain adequate nutrition can place an elderly person at a much higher risk of developing serious medical problems.
Numerous senior citizens also spoke of their need for transportation to shopping, entertainment, and senior citizens centers for meals and socializing. Senior citizens often face intense isolation; unable to obtain dependable, reasonable transportation, they become virtual prisoners in their own homes due to lack of transportation.
THURSDAY, JANUARY 31, 1991
311
Testimony before the committee indicates that senior citizens throughout the State of Georgia, both urban and rural, face significant problems in obtaining transportation ade quate to the special needs of the elderly. While urban areas of the state often provide pub lic transportation services, frequently available at reduced rates for the elderly, the frail health of many senior citizens limits their ability to utilize general public transportation facilities. Special transportation services, such as curb-to-curb service and special routes for the elderly, when available, often require reservations well in advance of a planned need or have a lengthy waiting list. Further, the costly nature of such specialized public transportation places an ever-increasing economic burden on the local governments operat ing such services. The committee heard from representatives of the Chatham Area Transit Authority (CAT) and the Metropolitan Atlanta Rapid Transit Authority (MARTA) regard ing the special transportation services available to seniors in those metropolitan areas.
Public transportation is not generally available to senior citizens residing in the rural areas of the State of Georgia. Thus, many seniors must rely on costly private transporta tion services. Even where available, public transportation is often unable to respond to the needs of seniors who must cross municipal or county boundaries to receive medical care or other services, since public transportation systems generally operate within the fixed boundaries of the local governmental entities which they were created to serve. This is particularly a problem for seniors residing in rural areas as they often must travel longer distances and go outside the county in which they reside for medical treatment.
Only 67 of Georgia's 159 counties participate in federal Urban Mass Transit Act of 1964 (UMTA), Section 18 programs to provide public transportation for nonurban areas. Section 18 of UMTA, the Rural Transportation Program, is the only currently available source of any federal funding for public transportation systems available for nonurban areas. County governments are eligible recipients of Section 18 funds, although a munici pal government may apply for funds if the county does operate such a program. Section 18 funds are administered at the state level by the Department of Transportation and the department establishes goals and criteria for such nonurban transportation programs. Funding for Section 18 programs may be used for capital, planning, and operating expenses; however, the local government must provide a minimum of 10 percent of costs for capital expenses and an even greater share of operating costs. Given existing budgetary conditions at the federal and state levels and the funding restrictions inherent in Section 18 programs, it necessarily follows that local governments will be required to assume greater financial responsibility for meeting the particular transportation needs of the elderly.
Some transportation services are available to senior citizens through Area Agencies on Aging through federal UMTA Section 16 (b) (2) funding, which is primarily used for the delivery of meals to the homebound and transportation of the elderly to senior citizens centers for meals and other services provided by the centers. Due to budget limitations, such services are rarely, if ever, able to meet the transportation needs of all of the eligible elderly population.
Volunteers are thus a critical resource in serving the transportation needs of Georgia's older citizens. However, many service organizations testified that they and their volunteers have been unable to obtain insurance to cover elderly passengers or, if available, such insurance is prohibitively expensive. The committee heard repeated testimony that indi cated that many more volunteers would be available to provide critically needed transpor tation to the elderly throughout the state if they could be assured that they would not face financial ruin in the event of an accident involving their elderly riders.
Recommendations
As a result of the testimony received from senior citizens and representatives of orga nizations serving senior citizens throughout the State of Georgia, the committee recom mends the following:
312
JOURNAL OF THE HOUSE,
The State of Georgia should review and revise its Medicaid reimbursement rates. Cur rent reimbursement rates for nonemergency medical transportation have resulted in a drastic reduction in the number of service providers causing increased inability of many seniors to obtain such nonemergency medical transportation. The state may actually face higher Medicaid costs due to delay of treatment until the elderly patient's health is in a more critical condition. A two-tier rate schedule was suggested by many providers, with a higher reimbursement for nonambulatory senior citizens, in recognition of the additional costs of transporting such passengers.
Existing transportation and services programs for the elderly administered by the state Departments of Transportation (Section 18) and Human Resources (Section 16 (b) (2)) and administered by municipal, county, and regional agencies and private service orga nizations should be better coordinated. Improved communication and coordination of ser vices between such departments and agencies is of critical importance to ensure that the limited federal and state funding available is used most effectively.
As noted above, due to budgetary limitations, volunteers are a vital resource in addressing the transportation needs of Georgia's ever-increasing elderly population. The committee recommends that the General Assembly enact legislation to limit the liability of such volunteers. The committee further recommends that the Commissioner of Insur ance examine the problem of volunteers' inability to obtain automobile insurance.
/s/ Kenneth Birdsong Representative, 104th District
/s/ Sonny Dixon Representative, 128th District
/s/ Paul W. Heard, Jr. Representative, 43rd District
/s/ LaNett Stanley Representative, 33rd District
/s/ Van Streat, Sr. Representative, 139th District
Representative Coleman of the 118th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 84 Do Pass HB 284 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 118th
Chairman
Representative Holmes of the 28th District, Chairman of the Committee on Govern mental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 67 Do Pass HB 200 Do Pass HB 201 Do Pass
HB 202 Do Pass HB 204 Do Pass HB 209 Do Pass
THURSDAY, JANUARY 31, 1991
313
Respectfully submitted, /s/ Holmes of the 28th
Chairman
Representative Benefield of the 72nd District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolu tion of the House and has instructed me to report the same back to the House with the following recommendation:
HR 156 Do Pass
Respectfully submitted, M Benefield of the 72nd
Chairman
Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 263 Do Pass, by Substitute
Respectfully submitted, M Dover of the llth
Chairman
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
314
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Friday, February 1,1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abemathy Adams Aiken Alford Atkins Baker Balkcom Bargeron Barnett.B Baraett,M Bates Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove Brooks Brown Brush Buck Buckner Byrd Campbell Canty Carrell Carter
3h.
Cheek. Childers Clrk,E
Clark,H Clark,L Coker Coleman Colwell Connell Culbreth Cummings,B Cummings.M Davis.G Davi8,M Don,H Dixon,S Dobbs Dover Dunn Edwards Elliott Felton Fennel Floyd,J.M Floyd,J.W Golden Goodwin Green Griffin Groover Hamilton Hammond
aS?
Heard Henaon Herbert
Hightower Holland Howard Hudson Irwin Jackson Jamieson Jenkins Jones Kilgore King Klein Ladd Lane.D Lane,R Langiford Lawrence Lawson Lee Long Lord Lupton Mann Martin McCoy McKelvey McKinney,B McKmney.C Mea<*T!
MuT
Mills Mobley Moody
Morsberger Moultrie Mueller Oliver.C Oliver.M Orr Padgett Parham Parrish Patten Pelote Perry Pettit Pinholster Pinkston Poag Porter Poston Powell,A Powell,C Purcell Ray Reaves Redding Ricketson Royal Se,man Sherrill Simpson
|^f.eld
Sk,pper Smith,L Smith.P
Smith,T Smith.W Snow Stancil,F Stancil,S Stanley Stephens Streat Taylor Teper Thomas,C Thomas.M Thomas,N Thurmond Titus Tolbert Townsend Turnquest Twiggs Valenti Vaughan WalkerJ Walker,L Wall Ware Watson Watt8 White Wilder
Wi,liams,B
W.lhams.R Yeargm Murphy,Spkr
Prayer was offered by the Reverend Harris R. Malcom, Pastor, First Baptist Church, Camilla, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be
correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
FRIDAY, FEBRUARY 1, 1991
315
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 464. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, approved August 9, 1917, so as to change the compensation and salary of the chairman of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 465. By Representatives Breedlove of the 60th, Jackson of the 9th, Lawson of the 9th, Beatty of the 12th and Wall of the 61st:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Anno tated, relating to bonds or other security required for public works contracts, so as to provide for the forfeiture of a bid bond, proposal guaranty, or other security in certain cases involving bids by affiliated corporations.
Referred to the Committee on Industry.
HB 466. By Representatives Breedlove of the 60th, Morsberger of the 62nd, Jackson of the 9th, Orr of the 9th, Lawson of the 9th and others:
A bill to amend Code Section 48-5-15 of the Official Code of Georgia Anno tated, relating to returns of taxable real property, so as to provide that the filing of a certain real estate transfer tax form shall serve as a return of real property for ad valorem tax purposes.
Referred to the Committee on Ways & Means.
HB 467. By Representatives Breedlove of the 60th, Morsberger of the 62nd, Jackson of the 9th, Orr of the 9th, Lawson of the 9th and others:
A bill to amend Code Section 21-3-64 of the Official Code of Georgia Anno tated, relating to the authority of the General Assembly by local law to change terms of office of elected municipal officers, so as to provide addi tional authority for the enactment of such local laws.
Referred to the Committee on Governmental Affairs.
HB 468. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to pro hibit the display on the rear of any vehicle of any permanent or temporary license plate which resembles an official license plate issued by the State of Georgia.
Referred to the Committee on Motor Vehicles.
316
JOURNAL OF THE HOUSE,
HB 469. By Representatives Thomas of the 69th, Chambless of the 133rd, Lee of the 72nd and Groover of the 99th:
A bill to amend Code Section 17-7-131 of the Official Code of Georgia Anno tated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to provide that the Department of Human Resources shall have the independent right once every 12 months to request a release hearing for a defendant; to provide for criteria for the court to maintain custody and control of the defendant.
Referred to the Committee on Judiciary.
HB 470. By Representative Pinkston of the 100th:
A bill to amend Code Section 7-1-709 of the Official Code of Georgia Anno tated, relating to the applicability of provisions regulating and licensing check cashers, so as to change an exemption from the requirement of obtain ing a license to cash checks.
Referred to the Committee on Banks & Banking.
HB 471. By Representative Redding of the 50th:
A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide that the Department of Banking and Finance shall regulate and license pawnbro kers.
Referred to the Committee on Banks & Banking.
HB 472. By Representative Childers of the 15th:
A bill to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Medical Assistance Act of 1977," so as to provide for definitions; to provide for prior authorization and approval requirements for reimbursement for certain dangerous drugs and controlled substances; to provide for reports and an advisory committee and its recom mendations.
Referred to the Committee on Health & Ecology.
HB 473. By Representative Thomas of the 31st:
A bill to amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that license examiners employed by the Department of Public Safety shall be deputies to certain boards of registrars.
Referred to the Committee on Governmental Affairs.
HB 474. By Representatives Orrock of the 30th, Morsberger of the 62nd, Redding of the 50th and Selman of the 32nd:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Anno tated, relating to the licensing of occupational therapists, so as to change def initions, to authorize the State Board of Occupational Therapy to contract for examination services; to modify licensure and examination requirements.
Referred to the Committee on Health & Ecology.
FRIDAY, FEBRUARY 1, 1991
317
HB 475. By Representative Reaves of the 147th:
A bill to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to provide for an exemption in cases of financial hardship; to provide that the Commissioner shall be authorized to levy and collect his own executions.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 476. By Representative Groover of the 99th:
A bill to amend Code Section 36-12-5 of the Official Code of Georgia Anno tated, relating to interment of deceased indigent persons, so as to allow the amount of expense incurred by the county governing authority for interment of deceased indigent persons to be determined at the discretion of the gov erning authority of each county without limitation linked to the population of the county.
Referred to the Committee on State Planning & Community Affairs.
HB 477. By Representative Davis of the 45th:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to exemptions from the application of Part 1A of Article 7 of Chapter 3 of Title 20, known as the "Nonpublic Postsecondary Educa tional Institutions Act of 1990," so as to provide for an additional limited exemption.
Referred to the Committee on Education.
HB 478. By Representatives Groover of the 99th and Murphy of the 18th:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Anno tated, relating to retirement and eligibility for benefits under the "Act Creat ing the Superior Court Judges Retirement System," so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.
Referred to the Committee on Judiciary.
HB 479. By Representatives Groover of the 99th and Murphy of the 18th:
A bill to amend Code Section 47-2-244 of the Official Code of Georgia Anno tated, relating to optional retirement benefits available to Justices of the Supreme Court and Judges of the Court of Appeals, so as to delete the provi sions relative to mandatory retirement age and forfeiture of benefits in con nection therewith.
Referred to the Committee on Judiciary.
HB 480. By Representative Bostick of the 138th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain authorized service charges with respect to selling certain tickets or other evidences of right of entry.
Referred to the Committee on Special Judiciary.
318
JOURNAL OF THE HOUSE,
HB 481. By Representatives Dobbs of the 74th, Barnett of the 59th, Bordeaux of the 122nd, Flynt of the 75th, Breedlove of the 60th and others:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding solid waste management, so as to provide for the comprehensive regulation of the disposal of scrap tires.
Referred to the Committee on Natural Resources & Environment.
HB 482. By Representatives Murphy of the 18th and Martin of the 26th:
A bill to amend Code Section 31-8-155 of the Official Code of Georgia Anno tated, relating to rules for expansions of eligibility funded by the Indigent Care Trust Fund, so as to change when contributions may be made.
Referred to the Committee on Health & Ecology.
HB 483. By Representatives Cummings of the 17th and Floyd of the 135th:
A bill to amend Code Section 47-9-76 of the Official Code of Georgia Anno tated, relating to postretirement cost-of-living benefit adjustments for mem bers of the Superior Court Judges Retirement System, so as to provide for voluntary withdrawal from eligibility for such adjustments.
Referred to the Committee on Retirement.
HB 484. By Representatives Cummings of the 17th, Buck of the 95th and Floyd of the 135th:
A bill to amend Code Section 47-17-22 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, so as to authorize such board to correct certain errors in records which result in an overpayment or an underpayment to a beneficiary.
Referred to the Committee on Retirement.
HB 485. By Representatives Stanley of the 33rd, Lord of the 107th, Thomas of the 31st, Holmes of the 28th, Dover of the llth and others:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of taxable net income for state income tax purposes, so as to provide that certain income received by members of the National Guard or Reserves during a period when such members serve in the armed forces of the United States in a combat zone or during the period when such members are hospitalized as a result of wounds, disease, or injury incurred while serving in the armed forces of the United States in a combat zone shall be excluded from Georgia taxable net income.
Referred to the Committee on Ways & Means.
HR 183. By Representative Lane of the 27th:
A resolution creating a joint legislative committee, the Georgia Geographic Information System Study Committee, to study cooperative methods for implementing a state-wide base map and a geographic information system for all possible users in the state and ways of financing it.
Referred to the Committee on Rules.
FRIDAY, FEBRUARY 1, 1991
319
HR 184. By Representatives Childere of the 15th and McKelvey of the 15th: A resolution compensating Mr. Hoyt L. Nelson.
Referred to the Committee on Appropriations.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
HB 508. By Representatives Chambless of the 133rd, Childers of the 15th, Valenti of the 52nd, Carrell of the 65th and others:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning, so as to change definitions and exemptions.
Referred to the Committee on Health & Ecology.
HB 509. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide that the offense of insurance fraud shall be a felony offense.
Referred to the Committee on Insurance.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 428 HB 429 HB 430 HB 431 HB 432 HB 433 HB 434 HB 435 HB 436 HB 437 HB 438 HB 439 HB 440 HB 441 HB 442 HB 443 HB 444 HB 445 HB 446 HB 447 HB 448 HB 449 HB 450 HB 451 HB 452
HB 453 HB 454 HB 455 HB 456 HB 457 HB 458 HB 459 HB 460 HB 461 HB 462 HB 463 HR 181 HR 182 HR 185 SB 101 SB 103 SR 39 SR 40 SR 41 SR 42 SR 44 SR 45 SR 55 SR 67 SR 68
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
320
JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 134 Do Pass HB 143 Do Pass, by Substitute HB 210 Do Pass, by Substitute
HB 272 Do Pass, by Substitute HB 280 Do Pass, by Substitute HB 281 Do Pass
Respectfully submitted, /s/ Watson of the 114th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 152 Do Pass HR 153 Do Pass
HR 154 Do Pass HR 164 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 377 Do Pass HB 378 Do Pass HB 386 Do Pass
HB 388 Do Pass HB 395 Do Pass HB 397 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:
HB 377. By Representatives Mueller of the 126th, Dixon of the 128th, Hamilton of the 124th, Pelote of the 127th, Bordeaux of the 122nd and others:
A bill to amend an Act creating the Board of Elections of Chatham County, so as to change the time period during which the chairman is appointed by the members of the board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 1, 1991
321
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 378. By Representatives Milam of the 81st and Ware of the 77th:
A bill to repeal an Act creating a board of elections and registration in Troup County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 386. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act creating a new charter for the City of Holly Springs, 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 388. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act providing for the membership of the Cherokee County Board of Education, as amended, so as to provide that a vacancy shall immediately exist in the office of any member of the board of education who moves his or her residence out of the education district such member was elected to represent.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 395. By Representative Royal of the 144th:
A bill to provide that, within the limits specified by general law, the Board of Commissioners of Mitchell County may, by resolution, change from time to time the number of members of the Mitchell County Hospital Authority, their terms of office, the manner of appointment, the method of filling vacancies, and all other matters relative to the membership of said authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
322
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 397. By Representative Beatty of the 12th:
A bill to amend an Act to create a board of county commissioners for the County of Jackson, as amended, so as to provide that vacancies on the board of commissioners shall be filled as provided by general law.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 4. By Senator Shumake of the 39th:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, so as to limit the amount of contributions which persons, corporations, political committees, and other entities may contribute to candidates for public office; to provide for definitions; to pro vide for related matters; to provide for an effective date and applicability.
SB 26. By Senator Alien of the 2nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to number of judges of superior courts, so as to provide for a sixth judge of the Superior Court of the Eastern Judicial Circuit of Geor gia; to provide for the appointment of such additional judge by the Governor.
SB 41. By Senator
A bill to amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of domestic wills, so as to provide that a will lost during the testator's lifetime may be probated in the same manner as a copy of a will which has been lost or destroyed subsequent to the death of the testator is allowed to be probated; to provide for related matters; to provide an effective date.
SB 46. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the assets of the Judges of the Probate Courts Retirement Fund of Geor gia, so as to provide for an additional member on the Board of Commission ers of the Judges of the Probate Courts Retirement Fund of Georgia, which additional member shall be a member of the fund and a retired judge of the probate court.
FRIDAY, FEBRUARY 1, 1991
323
SB 53. By Senator Phillips of the 9th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of fire arms, so as to change certain provisions relating to the exemption of peace officers from certain prohibitions regarding the carrying of certain weapons and firearms; to provide for a statutory cross-reference; to provide an effec tive date.
SB 55. By Senator Deal of the 49th:
A bill to amend Code Section 28-7-2 of the Official Code of Georgia Anno tated, relating to registration with the Secretary of State of persons repre senting persons or organizations before the General Assembly, so as to require persons representing state departments, agencies, boards, commis sions, or authorities to register; to exempt such state officials from the regis tration fee.
SB 56. By Senator Ramsey of the 54th:
A bill to amend Code Section 48-5-161 of the Official Code of Georgia Anno tated, relating to issues of execution and levy administration fees, so as to provide that a levy administration fee may include reasonable attorneys' fees and shall not be less than $150.00; to provide for related matters; to provide an effective date.
SB 58. By Senator Ramsey of the 54th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to define the offenses of feticide by vehicle in the first degree and feticide by vehicle in the second degree; to provide penalties.
SB 62. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts in general, so as to provide for the nonpartisan election of probate court judges; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and pri maries in general, so as to provide for the procedure for qualifying for the office of probate court judge.
SB 82. By Senator Kidd of the 25th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Licensing and Certification Act," so as to change the definition of certain terms; to change provisions relating to terms of office of members of the Georgia Real Estate Appraisers Board; to provide an effective date.
SB 96. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 50-23-3 of the Official Code of Georgia Anno tated, relating to creation of the Georgia Environmental Facilities Authority, so as to change the qualifications of certain members of the authority; to provide for related matters; to provide an effective date.
324
JOURNAL OF THE HOUSE,
SB 98. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Associ ation, so as to add two members to the association; to change provisions relating to the selection and terms of service of members; to provide an effec tive date.
SB 99. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to add two members to the authority; to change provisions relating to the selection and terms of service of members; to provide an effec tive date.
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:
SR 15. By Senator Kidd of the 25th:
A resolution designating the 441 By-Pass Highway around the City of Eatonton as the J. P. Marshall By-Pass.
SR 25. By Senator Kidd of the 25th:
A resolution relative to the conversion of abandoned railroad rights of way into trails for public use.
HR 165. By Representatives Buckner of the 72nd, Lee of the 72nd, King of the 72nd, Chafin of the 72nd, Benefield of the 72nd and others:
A resolution commending Mr. S. Truett Cathy.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 4. By Senator Shumake of the 39th:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, so as to limit the amount of contributions which persons, corporations, political committees, and other entities may contribute to candidates for public office; to provide for definitions; to pro vide for related matters; to provide for an effective date and applicability.
Referred to the Committee on Governmental Affairs.
SB 26. By Senator Alien of the 2nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to number of judges of superior courts, so as to provide for a sixth judge of the Superior Court of the Eastern Judicial Circuit of Geor gia; to provide for the appointment of such additional judge by the Governor.
Referred to the Committee on Judiciary.
FRIDAY, FEBRUARY 1, 1991
325
SB 41. By Senator Egan of the 40th:
A bill to amend Article 1 of Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate of domestic wills, so as to provide that a will lost during the testator's lifetime may be probated in the same manner as a copy of a will which has been lost or destroyed subsequent to the death of the testator is allowed to be probated; to provide for related matters; to provide an effective date.
Referred to the Committee on Judiciary.
SB 46. By Senator Kidd of the 25th:
A bill to amend Article 2 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the creation, administration, and management of the assets of the Judges of the Probate Courts Retirement Fund of Geor gia, so as to provide for an additional member on the Board of Commission ers of the Judges of the Probate Courts Retirement Fund of Georgia, which additional member shall be a member of the fund and a retired judge of the probate court.
Referred to the Committee on Retirement.
SB 53. By Senator Phillips of the 9th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of fire arms, so as to change certain provisions relating to the exemption of peace officers from certain prohibitions regarding the carrying of certain weapons and firearms; to provide for a statutory cross-reference; to provide an effec tive date.
Referred to the Committee on Public Safety.
SB 55. By Senator Deal of the 49th:
A bill to amend Code Section 28-7-2 of the Official Code of Georgia Anno tated, relating to registration with the Secretary of State of persons repre senting persons or organizations before the General Assembly, so as to require persons representing state departments, agencies, boards, commis sions, or authorities to register; to exempt such state officials from the regis tration fee.
Referred to the Committee on Governmental Affairs.
SB 56. By Senator Ramsey of the 54th:
A bill to amend Code Section 48-5-161 of the Official Code of Georgia Anno tated, relating to issues of execution and levy administration fees, so as to provide that a levy administration fee may include reasonable attorneys' fees and shall not be less than $150.00; to provide for related matters; to provide an effective date.
Referred to the Committee on Special Judiciary.
SB 58. By Senator Ramsey of the 54th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to define the offenses of feticide by vehicle in the first degree and feticide by vehicle in the second degree; to provide penalties.
Referred to the Committee on Judiciary.
326
JOURNAL OF THE HOUSE,
SB 62. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts in general, so as to provide for the nonpartisan election of probate court judges; to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and pri maries in general, so as to provide for the procedure for qualifying for the office of probate court judge.
Referred to the Committee on Governmental Affairs.
SB 82. By Senator Kidd of the 25th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Licensing and Certification Act," so as to change the definition of certain terms; to change provisions relating to terms of office of members of the Georgia Real Estate Appraisers Board; to provide an effective date.
Referred to the Committee on Industry.
SB 96. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 50-23-3 of the Official Code of Georgia Anno tated, relating to creation of the Georgia Environmental Facilities Authority, so as to change the qualifications of certain members of the authority, to provide for related matters; to provide an effective date.
Referred to the Committee on Natural Resources & Environment.
SB 98. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Associ ation, so as to add two members to the association; to change provisions relating to the selection and terms of service of members; to provide an effec tive date.
Referred to the Committee on State Institutions & Property.
SB 99. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Lake Lanier Islands Development Authority, so as to add two members to the authority; to change provisions relating to the selection and terms of service of members; to provide an effec tive date.
Referred to the Committee on State Institutions & Property.
SR 15. By Senator Kidd of the 25th:
A resolution designating the 441 By-Pass Highway around the City of Eatonton as the J. P. Marshall By-Pass.
Referred to the Committee on Transportation.
FRIDAY, FEBRUARY 1, 1991
327
SR 25. By Senator Kidd of the 25th:
A resolution relative to the conversion of abandoned railroad rights of way into trails for public use.
Referred to the Committee on Game, Fish & Parks.
By unanimous consent, the following Resolution of the House was withdrawn from the General Calendar and recommitted to the Committee on Natural Resources:
HR 19. By Representatives Smith of the 156th, Green of the 106th, Dixon of the 128th, Oliver of the 121st, Purcell of the 129th and others:
A resolution relating to wetlands.
The following Resolution of the House was read:
HR 186. By Representatives King of the 72nd, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and Buckner of the 72nd:
A resolution proclaiming February 4, 1991, as "Mental Health Day" in Geor gia.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Y Aiken Alford
Y Atkins Y Baker Y Balkcom
Barfoot Bargeron Y Barnett,B Y Barnett,M Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty Y Carrell
Carter Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark,E Y Clark.H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M
Davis.G Y Davis,M Y Dixon.H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt E Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover
Hamilton Y Hammond
Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford
Lawrence Y Lawson YLee
Long
YLord Lucas
Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston Y Powell,A
Y Powell,C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith,L
On the adoption of the Resolution, the ayes were 157, nays 0. The Resolution was adopted.
Y Smith,P Y Smith.T Y Smith,W
Y Smyre YSnow
Y StanciI,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus
Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts
Y White Y Wilder Y Williams,B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
328
JOURNAL OF THE HOUSE,
By unanimous consent, HR 186 was ordered immediately transmitted to the Senate.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 223. By Representatives Campbell of the 23rd, Williams of the 90th, Hammond of the 20th, Stephens of the 68th, Hightower of the 36th and others:
A bill to amend Code Section 44-14-361.1 of the Official Code of Georgia Annotated, relating to how materialmen's and mechanics' liens are declared and created, so as to provide that a party claiming a lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed within 14 days after the filing of such action.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 42. By Representative Cummings of the 17th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to change the provisions relating to the membership of the boards of directors or boards of commissioners of certain retirement sys tems and the State Employees' Assurance Department.
The following Committee substitute was read and adopted:
A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to change the provisions relating to the membership of the boards of directors or boards of commissioners of certain retirement systems and the State Employees' Assurance Department; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement, is amended by striking paragraph (2) of subsection (b) of Code Section 47-2-21, relating to the Board of Trustees of the Employees' Retirement System of Georgia, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) The Insurance Commissioner director of the Fiscal Division of the Department of Administrative Services, ex officio;".
Section 2. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 47-3-21, relating to the Board of Trustees of the Teachers Retirement Sys tem of Georgia, in its entirety and substituting in lieu thereof a new paragraph (2) to read as follows:
"(2) One member who shall be an active member of the Teachers Retirement System of Georgia who is a classroom teacher and is not an employee of the Board of Regents of the University System of Georgia. Such member shall be appointed by the Governor for a term of three years with the initial term beginning April 1, 1991. In making the appointment, the Governor may consider, but not be limited to, nominations furnished him by the nominating committee provided for by subsection (g) of this Code section;".
Section 3. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 47-17-20, relating to the membership of the Board of Commissioners of
FRIDAY, FEBRUARY 1, 1991
329
the Peace Officers' Annuity and Benefit Fund, in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows:
"(3) The Commissioner ef- Insurance er the Commissioner's director of the Fiscal Division of the Department of Administrative Services or the director's designee;".
Section 4. Said title is further amended by striking Code Section 47-19-1, relating to the State Employees' Assurance Department and its board of directors, in its entirety and substituting in lieu thereof a new Code Section 47-19-1 to read as follows:
"47-19-1. There is created a department of the state government to be known as the State Employees' Assurance Department. The department shall be managed by a board of directors consisting of the Commissioner ef Insurance director of the Fiscal Division of the Department of Administrative Services, the Commissioner of Labor, the state auditor, the commissioner of personnel administration, and two members to be appointed by the Governor."
Section 5. This Act shall become effective on April 1, 1991.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Alford
Y Atkins Y Baker Y Balkcom
Barfoot Bargeron Y Barnett,B Barnett.M Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty
Y Carrell Carter
YChafm Y Chambless
Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker
Coleman Y Colwell Y Connell
Y Culbreth Y Cummings,B Y Cummings.M
Davis.G Y Davis,M Y Dixon,H
Y Dixon.S YDobbs Y Dover YDunn Y Edwards
Y Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Flynt E Godbee
Y Golden Y Goodwin Y Green E Greene
Griffin
Y Groover Hamilton
Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson Ylrwin Y Jackson
Y Jamieson Y Jenkiiu YJones Y Kilgore YKing
Kingston Y Klein
YLadd YLaneJD YLane,R
Langford Y Lawrence YLawson YLee
Long YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoaton Y PowelU Y Powell,C YPurcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal YSelman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith,L
Y Smith,P Smith,T
Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnqueat YTwiggs Y Valenti
Y Vaughan Y Walker,J Y Walker,L Y Wall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,,! Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
330
JOURNAL OF THE HOUSE,
HB 215. By Representatives Thomas of the 69th, Chambless of the 133rd and Groover of the 99th:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Anno tated, relating to the administration of courts of record, so as to permanently create the Georgia Courts Automation Commission.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom
Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner YByrd
Campbell Y Canty Y Carrell
Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings,B
Cummings,M Y Davis,G Y Davis.M
Y DUon,H Y Dixon.S
Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton
Fennel
FloydJ.M Y FloydJ.W YFlynt EGodbee Y Golden YGoodwin Y Green E Greene
Griffin
Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing
Kingston Y Klein
YLadd Y Lane,D YLane,R
Langford Y Lawrence
YLawson YLee
Long Lord Y Lucas Lupton YMann Y Martin YMcCoy Y McKelvey McKinney.B Y McKinney.C Y Meadows Y Merritt Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett YParham
Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton
YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith,T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams,J Y Williams,R
Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 122. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of motor vehicle accidents, so as to provide for the fee which shall be charged for accident reports from the Department of Public Safety.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Y Aiken
Alford
Y Atkins Baker
Y Balkcom Barfoot
Y Bargeron
Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong
FRIDAY, FEBRUARY 1, 1991
331
Y Blitch Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Carter Y Chafm Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth N Cummings,B
Cummings,M
Y Davis.G N Davis,M Y Diion.H
Y Dixon.S
Y Dobbs Y Dover
YDunn Y Edwards Y Elliott Y Felton
Fennel Floyd,J.M Y Floyd,J.W Y Flynt EGodbee Y Golden Y Goodwin Y Green E Greene Y Griffin Groover
Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris.J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein
YLadd N Lane.D Y Lane,R Y Langford Y Lawrence N Lawson YLee
Long YLord Y Lucas
Y Lupton NMann
Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley N Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C
Y 01iver,M NOrr
Orrock Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Y Redding Y Ricketeon Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P N Smith.T
Y Smith.W
On the passage of the Bill, the ayes were 142, nays 9. The Bill, having received the requisite constitutional majority, was
Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware
Y Watson Y Watts
White Y Wilder
Y Williams.B Williams,J
Y Williams,R Y Yeargin
Murphy ,Spkr
HB 145. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Griffin of the 6th, Ricketson of the 82nd and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of rates, underwriting rules, and related orga nizations, and Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to relocate and redesignate certain provisions granting premium dis counts to defensive drivers or drivers who are honor students.
The following amendment was read and adopted:
The Committee on Insurance moves to amend HB 145 by adding on line 8 of page 1 after the semicolon and before the word "to" the following:
"to authorize certain premium reductions by insurers; to revise eligibility requirements for good student premium discounts;"
By adding between lines 6 and 7 of page 4 the following: "(h) Nothing in this Code section shall prevent an insurer from offering the reduc tion in premium specified in subsection (a) of this Code section to a driver who does not meet all of the requirements of subsection (b) of this Code section."
By striking from the end of line 23 of page 4 the word "and".
By striking line 33 of page 4 and inserting in lieu thereof the following: "Roll'; and
(4) Is a driver whose use of the automobile is considered by the insurer in determin ing the applicable classification."
332
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom
Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y CampbeU Y Canty Y Carrell
Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y CIark,L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis,G Y Davis,M
Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W YFlynt E Godbee Y Golden YGoodwin
Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard
Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd YLane.D YLane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas Lupton YMann
Y Martin Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y 01iver,M YOrr
Orrock Y Padgett YParham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston
Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson
Y Royal Selman
Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L
Y Smith,P Y Smith,T
Smith.W Y Smyre
YSnow Y Stancil.F Y Stancil.S
Stanley
Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder
Williams,B Williams,,! Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 231. By Representatives Davis of the 29th and McKinney of the 35th:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities to employ security personnel, to be known as housing authority police.
The following substitute, offered by Representative Davis of the 29th, was read and adopted:
A BILL
To amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities generally, so as to authorize cer tain housing authorities to employ security personnel, to be known as housing authority police; to provide for the powers of such police; to require that housing authority police be certified by the Georgia Peace Officer Standards and Training Council; to provide that housing authority police shall have the power to make arrests; to authorize certain housing authorities to contract with local governing bodies for police service of local law enforce ment agency; to provide for related matters; to repeal conflicting laws; and for other pur poses.
FRIDAY, FEBRUARY 1, 1991
333
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities generally, is amended by adding at the end thereof a new Code section, to be designated Code Section 8-3-36, to read as follows:
"8-3-36. (a) Any housing authority which operates and manages housing projects which have a combined population of 10,000 or more residents shall be authorized to employ security personnel, to be known as housing authority police, within the bounda ries of such housing projects, who shall have the same rights, duties, and powers as other peace officers in the state, including the power to enforce the laws of this state; to pre serve the public order; to protect life and property; to prevent, detect, or investigate any crime; or any combination of such powers.
(b) As a condition precedent to the exercise of law enforcement powers pursuant to subsection (a) of this Code section, a housing authority police officer must be certified by the Georgia Peace Officer Standards and Training Council as having met the qualifi cations and having completed the basic training requirements for a peace officer under Chapter 8 of Title 35. All costs incurred in such certification and training shall be paid by the housing authority employing the police officer.
(c) Within the parameters of property operated and managed by a housing authority, a police officer employed by such housing authority who is certified in accordance with subsection (b) of this Code section and when authorized by the board of the housing authority shall have the same law enforcement powers, including the power of arrest, as a law enforcement officer of the local government with police jurisdiction over such housing authority property.
(d) Any housing authority authorized by subsection (a) of this Code section to employ security personnel shall contract with the local governing authority which has police jurisdiction over such housing authority property for special police services to be provided by the local law enforcement agency within the boundaries of property oper ated and managed by such housing authority."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Balkcom Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Brown Brush
YBuck Y Buckner YByrd
Y Campbell Canty
Y Carrell Carter
Y Chafm Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark,L Y Coker Y Coleman Y Colwell N Connell Y Culbreth Y Cummings,B
Y Cummings,M Y Davis,G Y Davis,M
Dixon.H Dijon.S Y Dobbs Y Dover YDunn Y Edwards
Y Elliott Y Felton Y Fennel
Floyd,J.M
Y Floyd,J.W YFlynt
E Godbee Y Golden YGoodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard
Henson Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson
Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston
Y Klein NLadd Y Lane.D
Y Lane,R Y Langford Y Lawrence YLawson YLee
Long YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney,B Y McKinney.C
Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller
Y Oliver.C Y Oliver,M
YOrr Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter
Y Poston Y Powell,A
334
JOURNAL OF THE HOUSE,
Y PoweU,C
Y Purcell Randall
YRay Y Reaves Y Redding Y Ricketson
Y Royal Selman
Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith,T Y Smith,W YSmyre YSnow
Y Stancil,F
Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas,N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Y Ware Y Watson Y Watts N White
Wilder Williams.B Williams.J Y Williams,R Y Yeargin Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 150, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Mueller of the 126th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye"
thereon.
HB 274. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Patten of the 149th, Poston of the 2nd and others:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Anno tated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Envi ronmental Advisory Council.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Alford Y Atkins Y Baker Y Balkcom Barfoot Y Bargeron Y Barnett,B Barnett.M Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Carter
Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd,J.M Y Floyd,J.W Y Flynt
EGodbee Y Golden
Y Goodwin Y Green E Greene Y Griffin
Y Groover Hamilton
Y Hammond Y Manner Y Harris,B
Y Harris,J Y Heard
Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett YParham Y Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Y Smyre YSnow
Y Stancil,F
FRIDAY, FEBRUARY 1, 1991
335
Y Stancil,S Y Stanley Y Stephens Y Streat YTaylor YTeper
Y Thomas,C Thomas.M
Y Thomas,N Y Thurmond Y Titus Y Tolbert
Y Townsend Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J
Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Y Wilder Y Williams.B
Williams,J Y Williams,R
Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 148, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Lucas of the 102nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 19 Do Pass, by Substitute
Respectfully submitted, /a/ Patten of the 149th
Chairman
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and Baker of the 51st
A BILL
To amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", approved April 17, 1990 (Ga. L. 1990, P. 2338), so as to change certain appropriations for the State Fiscal Year 1990-1991; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
An Act providing appropriations for the State Fiscal Year 1990-1991, known as the "General Appropriations Act," approved April 17, 1990 (Ga. L. 1990, P. 2338), is amended by striking everything following the enacting clause through Section 83 and by substituting in lieu thereof the following:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1990, and ending June 30, 1991 as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $7,484,512,616 (Includes Indigent Care Trust Fund) for State Fiscal Year 1991.
PART I. LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Legislative Branch.........................................................$
22,348.760
336
JOURNAL OF THE HOUSE,
Personal Services - Staff ................................................................$ Personal Services - Elected
Officials .........................................................................................$ Regular Operating Expenses .........................................................$ Travel - Staff ...................................................................................$ Travel - Elected Officials...............................................................$ Capital Outlay .................................................................................$ Equipment................................................,.......................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and
Contracts - Staff..........................................................................$ Per Diem, Fees and
Contracts - Elected Officials .....................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Photography .....................................................................................$ Expense Reimbursement Account................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
11,364,938
3,582,551 2,319,587
94,500 3,500
0 157,739 28,100
203,179
2,358,166 375,500 670,000 63,000
1,128,000 0
22,348,760 22,348,760
Senate Functional Budgets
Total Funds
State Funds
Senate and Research Office Lt. Governor's Office
Secretary of the Senate's Office Total
4,184,699
605,309 1,081,189 5,871,197
4,184,699 605,309
1,081,189
5,871,197
House Functional Budgets
Total Funds
State Funds
House of Representatives and Research Office
Speaker of the House's Office Clerk of the House's Office Total
8,503,268 443,359
1,084,657
10,031,284
8,503,268 443,359
1.084.657 10,031,284
Joint Functional Budgets
Total Funds
State Funds
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total
2,235,917 2,043,344
847,902 1,319,116 6,446,279
2,235,917
2,043,344
847,902
1,319,116
$
6,446,279
For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, 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
FRIDAY, FEBRUARY 1, 1991
337
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 the 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 activi ties; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publish ing 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...................................................$
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
15,383,946
13,070,348 372,246 747,777 0 9,500 792,014 32,500 267,986 91,575
15,383,946 15,383,946
PART II. JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Superior Court...............................................................!
Personal Services.............................................................................! Operating Expenses ........................................................................$
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
4,654,614 4,098,929 1,485,589
5,584,518 4,654,614
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
Personal Services.............................................................................! Operating Expenses........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
5,746,646 4,948,692
797,954 5,746,646 5,746,646
Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$
Operation of the Courts.................................................................!
42,718,853 39,264,633
338
JOURNAL OF THE HOUSE,
Prosecuting Attorneys' Council.....................................................$ Sentence Review Panel ..................................................................$ Council of Superior Court Judges ................................................$ Judicial Administrative Districts..................................................$ Habeas Corpus Clerk......................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ..............................................................$
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education..................................................$
Institute's Operations .....................................................................$ Georgia Magistrate Courts
Training Council..........................................................................$ Municipal Court Judges Training Council..................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................!
Council Operations..........................................................................! Payments to Judicial
Administrative Districts for Case Counting..............................................................................! Board of Court Reporting..............................................................! Payment to Council for Magistrate Court Judges................................................................................! Payment to Council for Probate Court Judges................................................................................! Payment to Council for State Court Judges................................................................................! Payment to Resource Center.........................................................! Payment to Computerized Information Network..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................!
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council.............................................!
PART III. EXECUTIVE BRANCH
Section 11. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services.....................................!
Administration and Services Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................!
1,404,885 156,522 120,350
1,772,463 0
42,718,853 42,718,853
856J357
603.420 463,140 133,030
7,250 603,420 603,420
2,031,057 959,338
76,500 36,097 26,000 20,000 12,000 240,000 661,122 2,031,057 2,031,057
38,727,739 49,643,717 10,994,340
323,550 434,500
FRIDAY, FEBRUARY 1, 1991
339
Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................! Rents and Maintenance Expense .................................................$ Utilities .............................................................................................$ Payments to DOAS Fiscal Administration .................................$ Direct Payments to Georgia
Building Authority for Operations ...........................................$ Telephone Billings ..........................................................................$ Materials for Resale........................................................................$
Public Safety Officers Indemnity Fund...........................................................................$
Health Planning Review Board Operations........................................................................!
Georgia Golf Hall of Fame Operations .........................................................................$
Grants to Counties..........................................................................$ Grants to Municipalities................................................................! Capital Outlay .................................................................................$ ERS Rate Adjustment....................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
2,098,708 3,704,822
459,800 8,541,664 1,297,980 12,918,050
37,900 2,000,000
2,267,412 38,345,900 14,600,000
304,400
37,600
23,500 1,300,000 2,100,000
362,000 (27,242) 151,768,601 38,727,739
Department of Administrative Services Functional Budgets
Total Funds
State Funds
State Properties Commission Departmental Administration Treasury and Fiscal Adminstration Central Supply Administration Procurement Administration General Services Administration Space Management Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total
425,591 4,772,953 12,905,948 14,455,832 3,033,469
912,683 564,827 49,357,384 4,099,033 49,496,178 6,938,867 1,716,067 1,012,865 2,076,904 151,758,601
425,591 4,741,752 10,905,948
0 3,033,469
0 564,827 13,206,152
0 5,850,000
0 0 0 0 38,727,739
B. Budget Unit: Georgia Building Authority....................................! Georgia Building Authority Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges..........................................................................! Telecommunications.......................................................................! Capital Outlay.................................................................................! Utilities.............................................................................................!
Contractual Expenses.....................................................................!
0
20,842,102 5,091,403
26,794 244,000 167,706 17,357 146,000 52,434 120,456 3,235,000 7,966,638 230,422
340
JOURNAL OF THE HOUSE,
Fuel....................................................... Facilities Renovations and Repairs.
Total Funds Budgeted....................... State Funds Budgeted.......................
0 0 38,140,312
0
Georgia Building Authority Functional Budgets
Total Funds
State Funds
Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total
2,018,096
$
5,249,281
$
4,935,623
$
5,402,724
$
363,301
$
5,408,063
$
13,640,758
$
1,122,466
$
0
38,140,312
Section 12. Agency for the Removal of
Hazardous Materials. A. Budget Unit: Agency for the Removal of
Hazardous Materials...........................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................? Capital Outlay .................................................................................$ Utilities .............................................................................................$ ERS Rate Adjustment....................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
114,954
3,483,495 2,829,996
460,800 155,245 199,200
0 500,000
1,000 20,000
0 0 (357) 7,649,379 114,954
Section 13. Department of Agriculture. A. Budget Unit: Department of
Agriculture...........................................................? State Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Real Estate Rentals........................................................................? Per Diem, Fees and Contracts......................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Market Bulletin Postage................................................................? Payments to Athens and Tifton
Veterinary Laboratories.............................................................? Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro..........................................?
38.353,046
30,736,910 3,530,183
930,524 521,608 90,500 731,153 238,461 370,676 395,000 700,000
2,347,886
2,004,106
FRIDAY, FEBRUARY 1, 1991
341
Veterinary Fees................................................................................$ Indemnities.......................................................................................$ Bee Indemnities...............................................................................$ Advertising Contract.......................................................................$ Payments to Georgia Agrirama
Development Authority for Operations ....................................................................................$ Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markete.....................................................................$ Capital Outlay .................................................................................$ Contract - Federation of Southern Cooperatives................................................................$ Tick Control Program ....................................................................$ Poultry Indemnities........................................................................$ ERS Rate Adjustment....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
412,000 84,000 40,000 193,000
560,790
350,000 0
56,400 40,000
0 (104,862) 44,228,335 38,353,046
Department of Agriculture Functional Budgets
Total Funds
State Funds
Plant Industry Animal Industry Marketing General Agriculture Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Filed Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total
$
5,148,908
$
6,824,285
$
1,962,655
$
3,751,592
$
4,362,211
$
1,477,836
$
3,048,161
$
6,411,773
$
4,316,211
$
4,345,302
$
417,045
$
2,162.356
$
44,228,335
4,799,908 6,515,285 1,917,851 3,751,592 4,294,414 1,477,836 3,032,574
4,710,413 1,640,420 4,325,352
0 1,887,401 38,353,045
B. Budget Unit: Georgia Agrirama Development Authority......................................$
Georgia Agrirama Development Authority Budget: Personal Services.............................................................................$ Regular Operating Expenses .....................................,...................$ Travel ................................................................................................$ Motor Vehicle Purchases ...........................................,...................$ Equipment................. .......................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................$ Telecommunications .......................................................................$ Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
0
672,915 166,436
5,450 27,000 9,873
0 36,167
0 7,933 203,300 95.000 1,224,074
0
Section 14. Department of Banking and Finance.
342
JOURNAL OF THE HOUSE,
A. Budget Unit: Department of Banking and Finance..........................................................!
Administration and Examination Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
6,881,120
5,731,105 264,344 309,368 175,581 20,100 232,000 2,000 116,628 53,000 (23,006)
6,881,120 6,881,120
Section 15. Department of Community Affairs. A. Budget Unit: Department of
Community Affairs.............................................!
State Operations Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Capital Felony Expenses................................................................! Contracts with Regional Development Commissions........................................................! Local Assistance Grants .................................................................$ Appalachian Regional Commission Assessment...................................................................................! Community Development Block Grants (Federal)..........................................................................! Music Hall of Fame ........................................................................$ Local Development Fund...............................................................! Payment to Georgia Residential Finance Authority......................................................................................! Payment to Georgia Environmental Facilities Authority for Operations ..........................................! ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
14,931,246
5,768,615 281,022 170,207 0 20,560 482,916 142,000 123,509 55,783 0
2,467,500 1,464,520
110,959
30,000,000 47,000 850,000
5,000,000
446,894 (19,008) 47,412,477 14,931,246
Department of Community Affairs Functional Budgets
Total Funds
State Funds
Executive and Administrative Technical Assistance Financial Assistance Rural Development Coordinated Planning Total
932,869 1,432,992 42,317,168 1,150,623 1,578,825 47,412,477
905,289 1,253,973 10,217,249 1,110,623 1,444,112 14,931,246
Section 16. Department of Corrections.
FRIDAY, FEBRUARY 1, 1991
343
A. Budget Unit: Administration, Institutions and Probation......................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$
Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$
Computer Charges...........................................................................! Telecommunications .......................................................................$ Capital Outlay .................................................................................$
Utilities .............................................................................................$ Court Costs.......................................................................................$
County Subsidy ...............................................................................$ Court Subsidy for Jails ..................................................................$ County Workcamp Construction Grants .....................................$
Grants for Local Jails.....................................................................! Central Repair Fund.......................................................................!
Payments to Central State Hospital for Meals.......................................................................$
Payments to Central State Hospital for Utilities...................................................................$
Payments to Public Safety for Meals ..........................................$ Inmate Release Fund......................................................................!
Health Services Purchases.............................................................$
Payments to MAG for Health Care Certification........................................................................!
University of Georgia - Cooperative Extension Service Contracts......................................................$
Minor Construction Fund..............................................................$ Authority Lease Rentals ................................................................$
439,490,491 319,227,767 40,081,330
1,782,416 4,009,000 4,645,861 4,518,421 2,948,952 2,866,969 3,727,604
105,000 11,550,000
433,101 12,608,500 8,700,000
0 0 783,750
3,652,000
1,276,000 438,000
1,513,011 20,902,736
47,500
308,750 2,000,000
100,000
ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! Other Funds.....................................................................................! State Funds Budgeted....................................................................!
(1,231,177) 446,995,491
450,000 7,055,000 439,490,491
Departmental Functional Budgets
Total Funds
State Funds
Administration Institutions and Support Probation Total
53,827,866 315,545,389
77,622,236 446,995,491
53,329,866
315,198,389 70,962,236 439,490,491
B. Budget Unit: Board of Pardons and Paroles ...............................$ Board of Pardons and Paroles Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................!
35,156,735
28,335.132 1,130,848
819,034 316,500 200,678 2,151,754 654,880 444,000 1,031,321
344
JOURNAL OF THE HOUSE,
County Jail Subsidy........................................................................$
608,000
ERS Rate Adjustment....................................................................$ Total Funds Budgeted....................................................................$
Federal Funds..................................................................................$ State Funds Budgeted....................................................................$
(109.244) 35,582,903
426,168 35,156,735
Section 17. Department of Defense. Budget Unit: Department of Defense ................................................$ Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................! Grants to Locals - Emergency
Management Assistance .............................................................$ Grants - Others................................................................................! Civil Air Patrol Contract ...............................................................$ Capital Outlay .................................................................................$ Repairs and Renovations ...............................................................$ Disaster Relief Payments...............................................................$ ERS Rate Adjustment....................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
8,203,804
8,411,859 4,392,328
73,382 0
41,300 6,260 196,535 15,325 153,473
1,044,200 51,000 38,304 0 20,800
12,000,000 (12,953)
26,431,813 8,203,804
Department of Defense Functional Budgets
Total Funds
State Funds
Office of the Adjutant General Georgia Emergency
Management Agency Georgia Air National Guard Georgia Army National Guard Total
1,351,481
15,334,840 3,485,163 6,260,329 26,431,813
$
1,267,170
4,020,778
562,593 2.353.263 8,203,804
Section 18. State Board of Education -
Department of Education. Budget Unit: Department of Education ............................................$ Operations:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Utilities.............................................................................................! Capital Outlay .................................................................................$ QBE Formula Grants: Kindergarten & Grades 1 - 3.........................................................! Grades 4 - 8......................................................................................!
2.843.573.237
43,201,227 4,453,027 1,576,768
0 463,430 2,303,503 16,862,404 4,520,476 1,546,190 710,604
0
681,257,023 588,679,738
FRIDAY, FEBRUARY 1,1991
Grades 9 - 12....................................................................................$ High School Laboratories ..............................................................$ Vocational Education Laboratories ..............................................$ Special Education............................................................................* Gifted................................................................................................$ Remedial Education........................................................................* Staff Development..........................................................................* Professional Development..............................................................* Media................................................................................................* Indirect Cost ....................................................................................$ Mid-Term Adjustment...................................................................* Pupil Transportation......................................................................* Local Fair Share..............................................................................* Other Categorical Grants: Equalization Formula.....................................................................* Sparsity Grants................................................................................* In School Suspension......................................................................* Special Instructional Assistance ...................................................* Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................* Non-QBE Grants:
Education of Children of Low Income Families...........................................................................*
Retirement (H.B. 272 and H.B. 1321) ..........................................................$
Instructional Services for the Handicapped .........................................................................$
Removal of Architectural Barriers (Federal).......................................................................................*
Tuition for the Multi-Handicapped.............................................* Severely Emotionally Disturbed ...................................................* School Lunch (Federal)..................................................................* School Lunch (State) ......................................................................$ Supervision and Assessment of Students
and Beginning Teachers and Performance-Based Certification..............................................* Teacher Retirement Adjustment..................................................* Regional Education Service Agencies ..........................................$ Georgia Learning Resources System............................................* High School Program .....................................................................$ Special Education in State Institutions.........................................................................* Governor's Scholarships.................................................................* Special Projects ..,............................................................................$ Job Training Partnership Act.......................................................* Vocational Research and Curriculum ..........................................* Salaries and Travel of Public Librarians.........................................................................* Public Library Materials................................................................*
Talking Book Centers.....................................................................* Public Library M & 0....................................................................$
Grants to Local School Systems for Educational Purposes...........................................................*
Child Care Lunch Program (Federal)..........................................*
Chapter II - Block Grant Flow Through (Federal).......................................................................*
345
271,116,201 87,856,576 86,883,397 210,490,888 28,600,145 49,894,721
3,661,457 19,008,482 109,429,926 597,924,069 51,636,348 115,974,933 (517,248,380)
143,766,119 3,635,563 13,500,595 22,345,630 33,486,063
100,000
144,506,506
2,700,000
27,451,566
0 2,300,000 36,930,641 113,396,789 24,601,553
5,102,184 (18,571,269)
6,619,569 4,520,529 17,537,900
3,560,399 940,743 347,958
3,084,680 266,540
10,122,041 4,267,290
834,085 3,777,271
0 16,787,825
10,026,258
346
JOURNAL OF THE HOUSE,
Payment of Federal Funds to Board of Technical and Adult Education ...............................$
Drug Free School (Federal) ...........................................................$ Innovative Programs.......................................................................! Technology Grants..........................................................................$ English to Speakers of
Other Languages (ESOL)...........................................................$ Transition Program for Refugee
Children ........................................................................................$ Emergency Immigrant Education
Program ........................................................................................$ Robert C. Byrd Scholarships (Federal) .......................................$ Title II Math/Science (Federal)....................................................! QBE Weights Adjustment .............................................................$ Health Insurance - Non-Cert. Personnel
and Retired Teachers .................................................................$ Pre-School Handicapped Program...............................................! Middle School Counselors..............................................................! ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................!
14,101,678 9,016,723 1,703,089
150,000
4,060,653
100,000
100,000 216,000 345,900 28,335,344
59,583,875 1,360,000 3,750,000 (63,257) 3,221,508,186
340,000
State Funds Budgeted....................................................................!
2,843,573,237
Education Functional Budgets
Total Funds
State Funds
State Administration Instructional Services Governor's Honors Program Administrative Services Evaluation and Personnel Develop ment Special Services Professional Standards Commission Professional Practices Commission Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Total
9,669,691 18,155,009 1,161,464 11,032,953
13,609,834 4,321,481
347,442 613,720 3,145,933,814 4,522,688 7,123,028 5,017.062 $ 3,221,508,186
9,054,450 8,744,905 1,084,168 7,030,070
13,153,026 2,899,761
347,442 613,720 2,785,106,840 4,264,326 6,817,518 4,457,011 2,843,573,237
Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System..................................! Employees' Retirement System Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
0
1,367,057 225,050 14,000 0 7,000 191,000 836,250 290,000 35,000
2,965,357 0
Section 20. Forestry Commission.
FRIDAY, FEBRUARY 1, 1991
347
Budget Unit: Forestry Commission ....................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......,...............................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Contractual Research......................................................................!
Ware County Grant for Southern Forest World ................................................................................$
Ware County Grant for Road Maintenance .................................................................................$
Capital Outlay .................................................................................$ ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
34,601,412
29,642,290 6,000,889
174,520 618,778 1,389,191 40,224 554,485 96,083 995,304 236,000
28,200
60,000 0
(154,859) 39,681,105 34,601,412
Forestry Commission Functional Budgets
Total Funds
State Funds
Reforestation Field Services General Administration
and Support Total
4,014,725 33,166,698
2,449,682 39,681,105
1,368,725 30,733,005
2,499,682 34,601,412
Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation............................................................!
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Evidence Purchased........................................................................! Capital Outlay.................................................................................! ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
36.560.086
26,849,760 2,295,807
491,361 1,306,418
520,737 1,841,500
457,286 601,906 1,871,456 420,000
6,874 (103,019) 36,560,086 36,560,086
Georgia Bureau of Investigation Functional Budgets
Total Funds
State Funds
Administration Drug Enforcement Investigative Georgia Crime Information Center Forensic Sciences Total
3,097,943 8,453,005 11,479,627 6,607,124 6,922,387 36,560,086
3,097,943 8,453,005 11,479,627 6,607,124 6,922,387 36,560,086
348
JOURNAL OF THE HOUSE,
Section 22. Office of the Governor. Budget Unit: Office of the Govemor..................................................$
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................? Telecommunications.......................................................................? Cost of Operations ..........................................................................$ Mansion Allowance.........................................................................? Governor's Emergency Fund.........................................................? Intern Stipends and Travel...........................................................? Art Grants of State Funds.............................................................? Art Grants of Non-State Funds....................................................? Humanities Grant - State Funds..................................................? Art Acquisitions - State Funds.....................................................? Children and Youth Grants...........................................................? Transition Fund..............................................................................? Hazardous Waste Management Authority..................................? Juvenile Justice Grants..................................................................? ERS Rate Adjustment....................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
19,784,772 9,663,283
494,830 182,329
0 67,666 805,769 33,094,341 252,113 177,246 2,831,820 40,000 2,750,000 152,280 2,825,201 325,910 47,500
0 95,000 50,000 232,000 1,349,936 (33,024) 55,404,200 19,784,772
Office of the Governor Functional Budgets
Total Funds
State Funds
Governor's Office Office of Fair Employment Prac tices Office of Planning and Budget Council for the Arts Office of Consumer Affairs State Energy Office Council on Vocational Education Consumers' Utility Counsel Criminal Justice Coordinating Council
Juvenile Justice Coordinating Coun cil Commission on Children and Youth Human Relations Commission Commission on Drug Awareness and Prevention Total
?
5,824,100
?
885,827
?
4,912,587
?
3,857,919
?
2,314,808
?
33,245,935
?
335,305
?
630,964
?
738,105
?
1,609,787
?
361,720
?
161,265
?
525,878
?
55,404,200
?
5,824,100
$
805,827
?
4,912,587
?
3,338,919
?
2,314,808
?
367,691
?
135,305
?
630,964
?
468,799
?
462,787
?
361,720
?
161,265
?
0
?
19,784,772
Section 23. Department of Human Resources. A. Budget Unit: Departmental Operations...................... 1. General Administration and Support Budget:
Personal Services............................................................ Regular Operating Expenses........................................ Travel............................................................................... Motor Vehicle Purchases .............................................. Equipment....................................................................... Real Estate Rentals.......................................................
519,780,456
65,970,046 3,914,531 1,738,450
820,148 204,802 5,857,333
FRIDAY, FEBRUARY 1, 1991
349
Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................? Telecommunications .......................................................................$ Utilities .............................................................................................$ Postage..............................................................................................$ Capital Outlay .................................................................................$ Institutional Repairs and Maintenance.......................................$ Payments to DMA for Community Care.....................................$ Service Benefits for Children ........................................................$ Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
3,372,975 3,028,748 1,377,453
390,975 1,527,830
0 173,473 10,313,532 13,382,850 329,260 36,191,510 (236,176) 148,357,740 638,300 67,243,939
General Administration and Support Functional Budgets
Total Funds
State Funds
Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel Administration Indirect Cost Facilities Management Public Affairs Community/Intergovernmental
Affairs Budget Administration Financial Services Auditing Services Special Projects Office of Children and Youth Planning Councils Community Services Block Grant Regulatory Services - Program
Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulations Compliance Monitoring Radiological Health Unit Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning and
Development Agency Total
790,330 1,825,389
351,051 1,830,650
0 5,202,633
598,548
781,018 1,724,742 5,433,240 2,095,534
598,845 13,382,850
553,067 8,902,669
863,804 2,671,652
839,687 6,073,091
0 330,717 6,173,826 31,635,490 13,251,311 40,947,005
1,500.591 148,357,740
790,330 1,825,389
351,051 1,830,650 (7,200,934) 3,693,681
598,548
781,018 1,724,742 5,233,240 2,095,534
598,845 12,795,132
154,892 0
853,804
2,671,652 497,583
1,422,669 0
248,217 388,027 4,803,816 12,323,666 17,314,796
1.447.591 67,243,939
2. Public Health Budget: Personal Services..................... Regular Operating Expenses. Travel ........................................ Motor Vehicle Purchases ....... Equipment................................ Real Estate Rentals................
51,969,786 59,308,981 1,186,683
0 115,937 1,104,808
350
JOURNAL OF THE HOUSE,
Per Diem, Fees and Contracts ......................................................$ Computer Charges.....,.....................................................................! Telecommunications.......................................................................! Utilities.............................................................................................! Postage..............................................................................................! Crippled Children Clinics..............................................................!
Grants for Regional Intensive Infant Care..................................................................$
Grants for Regional Maternal and Infant Care..........................................................!
Crippled Children Benefits............................................................! Kidney Disease Benefits................................................................! Cancer Control Benefits.................................................................! Benefits for Medically Indigent High-
Risk Pregnant Women and Their Infants...............................! Family Planning Benefits..............................................................! Grants-In-Aid to Counties.............................................................! Purchase of Service Contracts ..............................,.......................! Special Purpose Contracts.............................................................! ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
3,466,125 579,634 716,884 0 113,030 640,000
0
2,055,000 7,600,000
381,572 2,837,470
2,358,000 515,582
70,617,476 12,724,698 6,225,350
(217,426) 224,299,590
549,718 127,904,755
Public Health Functional Budgets
Total Funds
State Funds
Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart Attact Prevention Epidemiology Immunization Sexually Transmitted Diseases Community Tuberculosis Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health Administration Newborn Follow-Up Care Sickle Cell, Vision and Hearing High-Risk Pregnant Women and
Infants Grants in Aid to Counties
860,663 311,346 1,325,176 1,904,097 1,040,925 1,040,711 1,981,531 1,185,031 688,337 1,929,613 1,828,378 12,358,411 5,628,326 3,208,531 10,302,091 60,865,998 1,740,599 12,371,871 1,332,483 688,171 4,016,117 1,340,855 5,529,395 3,000,384 10,765,202 971,215 3,532,439
4,468,996 57,963,520
!
663,438
!
246,346
!
1,240,176
!
1,731,446
$
818,107
!
963,911
!
1,451,531
!
839,249
!
0
!
302,815
!
1,530,433
!
6,265,586
!
4,393,911
!
667,659
!
6,268,851
!
0
!
1,530,424
!
10,128,901
!
1,332.483
$
688,171
!
3,900,259
!
927,083
!
5,340,668
!
1,939,884
!
10,635,527
!
772,864
!
3,026,879
!
4,468,996
!
50,952,271
FRIDAY, FEBRUARY 1, 1991
351
Community Health Management Community Care AIDS Total
493,723 3,211,013 6,414,442 224,299,590
410,591 1,246,885 3,219,410 127,904,755
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.......................................................................! Utilities.............................................................................................! Capital Outlay.................................................................................! Postage..............................................................................................! Institutional Repairs and Maintenance.......................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Special Purpose Contracts.............................................................! Purchase of Services Contracts.....................................................! ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!
68,659,302 10,105,001
799,782 115,275 474,681 3,272,696 4,575,550 2,025,090 1,434,453 977,500
0 429,550 330,660 16,292,650 27,000 919,740 7,274,116 (274,106) 117,438,940 100,000 24,843,042
Rehabilitation Services Functional Budgets
Total Funds
State Funds
Program Direction and Support Grants Management State Rehabilitation Facilities Roosevelt Warm Springs Institute Georgia Factory for the Blind Disability Adjudication Diversified Industries of Georgia District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total
!
4,055,882
!
1,013,763
!
7,607,205
!
19,910,234
$
13,251,715
!
25,095,298
$
817,236
!
36,928,553
!
548,380
!
1,643,824
!
6,137,165
!
429.685
! 117,438,940
1,245,958 858,947
1,299,422 5,313,104
767,809 0 0
7,668,607 343,380 778,965
6,137,165 429,685
24,843,042
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.......................................................................! Utilities.............................................................................................! Postage..............................................................................................!
Cash Benefits...................................................................................!
14,777,415 1,517,281
409,604 0
56,117 242,803 5,729,970 15,781,856 1,296,064
9,373 1,587,359 365,236,429
352
JOURNAL OF THE HOUSE,
Children's Trust Fund Grants
...............................$
Grants to County DFACS - Operations ....... ...............................$
Service Benefits for Children ......
...............................$
Special Purpose Contracts ...........
...............................$
Purchase of Service Contracts ....
...............................$
ERS Rate Adjustment..................
...............................$
Total Funds Budgeted..................
...............................$
Indirect DOAS Services Funding
...............................$
State Funds Budgeted..................
...............................$
1,179,130 222,157,470 61,801,915
3,559,773 2,239,333 (779,766) 696,802,126 2,339,882 299,788,720
Family and Children Services Functional Budgets
Total Funds
State Funds
Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations -
Social Services County DFACS Operations -
Eligibility County DFACS Operations -
Joint and Administration County DFACS Operations -
Homemakers Projects Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Program Support Children's Trust Fund Grants County DFACS Operations -
Employability Program Total
$
1,398,919
$ 354,640,410
$
100
$
10,051,000
$
64,415,102
$
98,360,607
$
47,918,184
$
7,295,161
$
2,512,000
$
826,461
$
4,526,975
$
4,012,488
$
4,844,162
$
18,657,340
$
2,839,525
$
0
$
2,971,311
$
1,976,046
$
26,346,790
$
3,255,404
$
1,374,279
$
4,613,880
$
23,747,656
$
145,000
$
728,205
$
1,306,602
$
3,307,142
$
1,307,130
$
3,424.247
$ 696,802,126
$
0
$ 136,495,948
$
100
$
0
$
14,951,535
$
49,161,187
$
23,706,964
$
7,295,161
$
0
$
826,461
$
3,724,682
$
4,012,488
$
2,326,523
$
7,603,741
$
2,839,525
$
(7,062,059)
$
1,465,696
$
1,976,046
$
18,768,142
$
2,806,000
$
1,179,601
$
3,373,991
$
16,415,983
$
145,000
$
728,205
$
1,284,147
$
3,150,515
$
1,307,130
$
1,306.008
$ 299,788,720
Budget Unit Object Classes: Personal Services........................... Regular Operating Expenses ....... Travel.............................................. Motor Vehicle Purchases ............. Equipment...................................... Real Estate Rentals ...................... Per Diem, Fees and Contracts .... Computer Charges.... .....................
,...............................$ ,...............................$ ,...............................$ ................................$ ................................$ ................................$ ................................a ,...............................$
201,376,549 74,845,794 4,134,519
935,423 851,537 10,477,640 17,144,620 21,415,328
FRIDAY, FEBRUARY 1, 1991
353
Telecommunications.......................................................................? Utilities.............................................................................................$ Postage..............................................................................................? Capital Outlay .................................................................................$ Grants for Regional
Intensive Infant Care..................................................................$ Grants for Regional
Maternal and Infant Care..........................................................$ Crippled Children Benefits............................................................? Crippled Children Clinics ..............................................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................? Benefits for Medically Indigent High-
Risk Pregnant Women and Their Infants...............................? Family Planning Benefits ..............................................................$
4,824,854 1,377,848 3,657,769
0
0
2,055,000 7,600,000
640,000 381,572 2,837,470
2,358,000 515,582
B. Budget Unit: Community Mental Health/ Mental Retardation, Youth Services and Institutions...........................................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Real Estate Rentals........................................................................? Per Diem, Fees and Contracts......................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Utilities.............................................................................................? Capital Outlay.................................................................................? Authority Lease Rentals................................................................? Institutional Repairs and
Maintenance.................................................................................? Grants to County-Owned
Detention Centers.......................................................................? Substance Abuse
Community Services...................................................................? Mental Retardation
Community Services...................................................................? Mental Health
Community Services...................................................................? Community Mental Health
Center Services............................................................................? Special Purpose Contracts.............................................................? Service Benefits for Children........................................................? Purchase of Service Contracts......................................................? ERS Rate Adjustment....................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?
509,579,607 405,047,327 37,739,661
1,147,608 221,435
1,963,998 1,206,036 7,215,453 4,688,467 3,126,589 13,764,881
0 770,000
1,689,603
2,623,270
45,308,037
91,681,424
18,696,874
61,468,871 1,515,144 5,530,730
588,664 (1,617,264) 704,376,808
2,404,100 509,579,607
Community Mental Health/Mental Retardation, Youth Services and Institutions Functional Budgets
Total Funds
State Funds
Southwestern State Hospital Georgia Retardation Center
?
40,711,256
?
31,849,667
25,567,699 13,310,085
354
JOURNAL OF THE HOUSE,
Georgia Mental Health Institute
Georgia Regional Hospital at Augusta
Northwest Regional Hospital at Rome
Georgia Regional Hospital at Atlanta
Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Developmental Disabilities
Grant Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers
Group Homes for Autistic Children
Project Friendship
Community Mental
Retardation Staff Community Mental Retardation
Residential Services
Contract with Clayton County Board of Education for
Autistic Children MH/MR/SA Admininistration
Regional Youth
Development Centers
Milledgeville State YDC Augusta State YDC
Atlanta State YDC Macon State YDC
Court Services
Community Treatment Centers Day Centers
Group Homes Purchased Services
31,273,014
23,497,761
29,908,687
30,972,298 135,424,149
25,969,438
47,511,315
23,754,402 3,366,277
10,009,277
4,586,868
996,008
69,357,650 18,363,393
692,060 479,632 4,670,723
61,468,871 397,124
1,421,895
276,788 333,481
3,904,565
16,912,650
75,773 10,639,008
19,697,391 10,994,821 7,679,850 4,124,631 4,077,622 13,749,357 2,866,622 1,024,566
723,334 7,025,299
26,194,204
20,383,281
22,418,433
22,989,239 85,453,183
21,290,211
23,884,445
18,548,781 2,515,626
9,925,947
3,006,117
0
41,621,650 18,363,393
663,595 479,632 1,452,528
48,039,051 397,124
1,199,895
276,788 333,481
3,904,565
16,912,650
75,773 7,342,250
19,207,391 10,606,968 7,604,407 3,999,598 3,632,894 13,749,357 2,866,622 1,024,566
723,334 6,025,299
FRIDAY, FEBRUARY 1, 1991
355
Runaway Investigation/ Interstate Compact
Assessment and Classification
Youth Services Administration
Total
732,290
454,238
2,402,707 704,376,808
732,290
454,238
2,402,707 509,579,607
Section 24. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and Tourism ....................................................................$
State Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................$ Telecommunications .......................................................................$ Local Welcome Center Contracts .................................................$ Advertising and Cooperative Advertising ...................................................................................$ Georgia Ports Authority Authority Lease Rentals.............................................................! Historic Chattahoochee Commission Contract..................................................................! Georgia Council for International Visitors..................................................................! Waterway Development in Georgia..........................................................................................! Georgia Music Week Promotion...................................................! Contract - Georgia Association of Broadcasters............................................................................! Southern Center for International Studies..................................................................! ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
16,843.826
7,795,961 1,381,906
332,191 0
31,572 646,358 259,613 114,640 210,500 230,300
4,814,110
1,785,000
84,600
23,500
47,000 33,250
49,820
23,500 (29,871) 17,833,950 16,843,826
Department of Industry, Trade and Tourism Functional Budgets
Total Funds
State Funds
Administration Economic Development Tourism Total
$
4,495,933
$
5,374,809
!
7,963,208
$
17,833,950
!
3,685,933
!
5,214,809
!
7,943,084
!
16,843,826
Section 25. Office of Commissioner of Insurance.
Budget Unit: Office of Commissioner of Insurance ......................
Operations Budget: Personal Services...................................... Regular Operating Expenses..................
13,144,242
11,443,604 563,961
356
JOURNAL OF THE HOUSE,
Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................* Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ ERS Rate Adjustment....................................................................* Total Funds Budgeted....................................................................* State Funds Budgeted ....................................................................$
551,170 96,000 78,208 529,664 51,600 480,405 249,625 (44,923) 13,999,314 13,144,242
Office of Commissioner of Insurance Functional Budgets
Total Funds
State Funds
Internal Administration Insurance Regulation Industrial Loan Regulation Fire Safety and Mobile
Home Regulation Total
2,258,711 6,125,377
629,658
4,985,568 13,999,314
2,258,711 5,980,377
629,658
4,275,496 13,144,242
Section 26. Department of Labor. Budget Unit: Department of Labor............................,.......................*
Personal Services.............................................................................* Regular Operating Expenses .........................................................* Travel................................................................................................* Motor Vehicle Purchases ...............................................................* Equipment........................................................................................* Real Estate Rentals ........................................................................$ Per Diem, Fees and
Contracts(JTPA) .........................................................................$ Per Diem, Fees and Contracts......................................................* Computer Charges...........................................................................* Telecommunications.......................................................................* Payments to State Treasury..........................................................* Capital Outlay .................................................................................* ERS Rate Adjustment....................................................................* Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*
7,384,046 63,030,992 5,381,433
1,021,174 0
458,221 1,243,596
64,634,911 1,787,506 3,566,198 1,415,647 1,774,078 1,143,000 (235,267)
145,221,489 7,384,046
Department of Labor Functional Budgets
Total Funds
State Funds
Executive Offices Administrative Services Employment and Training
Programs Total
5,652,020 18,332,034
121,237.435 145,221,489
$
898,387
$
2,896,554
$
3,589,105
$
7,384,046
Section 27. Department of Law. Budget Unit: Department of Law.......................................................* Attorney General's Office Budget:
Personal Services.............................................................................* Regular Operating Expenses .........................................................$ Travel................................................................................................* Motor Vehicle Purchases ...............................................................* Equipment........................................................................................*
9.357,863
8,273,612 423,635 131,057 0 11,205
FRIDAY, FEBRUARY 1, 1991
357
Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................!
Telecommunications.......................................................................! Books for State Library .................................................................$
ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
462,241 265,000 223,905
98,164 110,000
(30,956) 9,967,863 9,357,863
Section 28. Department of Medical Assistance. Budget Unit: Medicaid Services..........................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Medicaid Benefits, Penalties
and Disallowances .......................................................................$ Payments to Counties for
Mental Health..............................................................................! Audits Contracts..............................................................................! Reserves for Medicaid Benefits....................................................! ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
736.824.637
12,979,886 524,904 122,670 0 45,678 935,973
42,137,563 14,951,850
389,377
1,968,178,286
33,630,480 772,500
14,711,896 (51,339)
2,089,329,724 736,824,637
Medical Assistance Functional Budgets
Total Funds
State Funds
Commissioner's Offices Program Management Administration Systems Management Program Integrity Institutional Policy
and Reimbursements Benefits, Penalties
and Disallowances Total
7,389,887 37,408,035 17,251,447 2,817,682 4,572,808
3,369,203
2,016.520,662 2,089,329,724
!
3,158,546
!
2,010,266
!
4,776,952
!
453,460
!
1,762,828
!
1,633,457
! 723,029.128 ! 736,824,637
Section 29. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration............................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Health Insurance Claims Payments.............................................! Total Funds Budgeted....................................................................!
0 8,236,268 1,772,096
86,509 53,553 868,563 63,182,877 3,035,575 415,177 593,308.729 670,959,347
358
JOURNAL OF THE HOUSE,
Agency Assessments..........
9,805,941
Employee and Employer Contributions ................
660,917,952
Deferred Compensation., State Funds Budgeted....
137,454 0
Merit System Functional Budgets
Total Funds
State Funds
Applicant Services Classification and
Compensation Flexible Benefits Program Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Total
$
2,734,280
$
1,222,248
!
1,316,953
$
1,365,786
$
17,762,290
$ 642,459,260
$
2,555,587
$
1,542,943
$ 670,959,347
Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..............................................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Land and Water Conservation
Grants............................................................................................! Recreation Grants...........................................................................! Contract with U. S. Geological
Survey for Ground Water Resources Survey.........................................................................! Contract with U. S. Geological Survey for Topographic Maps...................................................! Capital Outlay - Repairs and Maintenance.........................................................................! Capital Outlay - Shop Stock Parks.............................................................................................! Capital Outlay-Heritage Trust......................................................! Authority Lease Rentals ................................................................$ Cost of Material for Resale...........................................................! Contract - Georgia State Games Commission ............................$ Contract - Special Olympics, Inc..................................................................................................! Georgia Sports Hall of Fame.........................................................! Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition................................................................!
70,620,144
61,261,672 11,290,415
440,234 1,316,369 1,356,803 1,837,353 1,300,386
668,896 1,061,588
800,000 315,000
300,000
0
2,186,395
332,780 211,500 865,000 2,318,000 94,000
193,640 47,000
510,000
FRIDAY, FEBRUARY 1, 1991
359
Capital Outlay - User Fee Enhancements - Parks................................................................$
Capital Outlay - Buoy Maintenance.................................................................................!
Capital Outlay - Consolidated Maintenance - Game and Fish..................................................$
Technical Assistance Contract ......................................................$ Capital Outlay .................................................................................$ Contract - Georgia Rural
Water Association........................................................................! Contract - Corps of Engineers
(Cold Water Creek St. Park) .....................................................$ Advertising and Promotion............................................................! Payment to Georgia Agricultural
Exposition Authority ..................................................................$ Historic Preservation Grant ..........................................................$ Environmental Facilities Grants...................................................$ Georgia Boxing Commission..........................................................! Lanier Regional Committee...........................................................! Paving at State Parks and
Historic Sites................................................................................! Grant - Chehaw Park Authority...................................................! Grant - Zoo Atlanta........................................................................! ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! Receipts from Jekyll Island
State Park Authority..................................................................! Receipts from Stone Mountain
Memorial Association .................................................................$ Indirect DOAS Funds.....................................................................! State Funds Budgeted....................................................................!
1,369,650
20,000
0 117,500 215,500
9,400
300,000 142,620
2,277,731 258,500
3,500,000 5,640 0
475,400 187,500 187,500 (225,090) 97,548,882
314,594
1,015,000 200,000
70,620,144
Department of Natural Resources Functional Budgets
Total Funds
State Funds
Internal Administration Game and Fish Parks, Recreation and
Historic Sites Environmental Protection Coastal Resources Total
8,365,146 26,831,046
36,252,058 24,334,442
1.766,190 97,548,882
5,886,583 22,781,820
19,744,783 20,530,768 1,676,190 70,620,144
B. Budget Unit: Georgia Agricultural Exposition Authority..........................................!
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Capital Outlay .................................................................................$ ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................!
0
1,403,796 1,344,116
24,000 11,000 289,531
0 490,826
27,000 17,500
0 (6,973) 3,600,796
360
JOURNAL OF THE HOUSE,
State Funds Budgeted............................................................
Authorities Functional Budgets
Total Funds
State Funds
Georgia Agricultural Exposition Authority
$
3,600,796
Section 31. Department of Public Safety. A. Budget Unit: Department of Public
Safety ....................................................................$ 1. Operations Budget:
Personal Services. ............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment. .......................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges........ ...................................................................$ Telecommunications .......................................................................$ State Patrol Posts Repairs
and Maintenance. ........................................................................$ Capital Outlay ............................................................................,....$ Conviction Reports .........................................................................$ Driver License Processing ..............................................................$ ERS Rate Adjustment....................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding ...................................................$ State Funds Budgeted....................................................................$
82,784.432
63,922,493 8,984,397
175,470 2,010,000
871,877 78,008 268,350 4,786,000 1,340,600
150,000 885,000 232,500 981,600 (251,863) 84,434,432 1,650,000 82,784,432
Public Safety Functional Budgets
Total Funds
State Funds
Administration Driver Services Field Operations Total
17,624,091 18,628,352 48,181.989 84,434,432
15,974,091 18,628,352 48.181.989 82,784,432
B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ....,..........................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay ....,............................................................................$ ERS Rate Adju8tment....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
2. Office of Highway Safety Budget: Personal Services.............................................................................$
14.050.781
7,431,640 2,640,847
124,800 12,296 137,506 95,366 884,440 425,776 148,963 2,758,356
0 (30.647) 14,629,343 13,766,343
412,093
FRIDAY, FEBRUARY 1, 1991
361
Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment. .......................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges........................................................ ...................$ Telecommunications .......................................................................$ Highway Safety Grants ..................................................................$ ERSRate Adjustment....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
28,600 9,828
0
0 69,988 23,800 39,185
4,000 3,500,000
(841) 4,086,653
324,438
Attached Units Functional Budgets
Total Funds
State Funds
Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy Georgia Firefighters
Standards and Training Council Organized Crime Prevention Council Georgia Public Safety Training Facility Total
4,086,653
4,723,932 1,158,993 1,213,078
422,251
313,231
6.797,858 18,715,996
324,438
4,723,932 1,108,993 1,133,078
422,251
313,231
6,064,858 14,090,781
Section 32. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System .................................................$
Payments to Employees' Retirement System..................................................................$
Employer Contributions.................................................................! COLA - House Bill 738..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
9,537,043
389,043 8,900,000
248,000 9,537,043 9,537,043
Section 33. Public Service Commission. Budget Unit: Public Service
Commission..............................................................! Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
7,490,073 6,625,728
406,348 214,381 47,958 92,699 309,828 912,325 303,673 120,716 (20,205) 9,013,451 7,490,073
Public Service Commission Functional Budgets
Total Funds
State Funds
362
JOURNAL OF THE HOUSE,
Administration Transportation Utilities Total
1,724,770 3,172,924 4,115,757 9,013,451
Section 34. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction ................................................$ Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations.................................................................!
Special Funding Initiative .............................................................$ Office of Minority
Business Enterprise.....................................................................! Special Desegregation Programs ...................................................$ Forestry Research............................................................................! Research Consortium......................................................................! Eminent Scholars Program............................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Capital Outlay.................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
B. Budget Unit: Regents Central Office and Other Organized Activities...............................................................!
Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs......................................................! Sponsored Operations.................................................................! Operating Expenses: Educ., Gen., and Dept. Svcs......................................................! Sponsored Operations.................................................................! Fire Ant and Environmental Toxicology Research...................................................................! Agricultural Research.....................................................................! Advanced Technology Development Center...................................................................! Capitation Contracts for Family Practice Residency.........................................................! Residency Capitation Grants.........................................................! Student Preceptorships..................................................................!
Center for Rehabilitation Technology...................................................................................!
SREB Payments..............................................................................!
Medical Scholarships......................................................................!
Regents Opportunity Grants.........................................................! Regents Scholarships......................................................................!
1,724,770 1,807,990 3,957,313 7,490,073
760,257,799
819,222,946 111,964,506
222,821,791 125,000,000 11,250,000
332,231 360,782 283,880 96,000
0 20,035,106 1,311,367,242 32,195,185 236,964,506 259,087,346 19,835,106 3,027,300 760,257,799
149,574,669
207,524,492 69,551,857
97,554,557 37,607,630
218,080 1,984,703
1,406,386
2,593,965 2,438,874
148,520
1,398,649 8,742,031
958,027 564,000 188,000
FRIDAY, FEBRUARY 1, 1991
363
Rental Payments to Georgia Military College ...........................................................................$
CRT,Incorporated Contract at Georgia Tech Research Institute .......................................................................$
Direct Payments - GPTC ..............................................................$ ERS Rate Adjustment to GPTC ..................................................$ Total Funds Budgeted....................................................................$ Departmental Income .....................................................................$ Sponsored Income...........................................................................! Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
861,415
198,340 7,652,300
(14,396) 441,577,430
3,087,700 107,867,812 180,491,549
555,700 149,574,669
Regents Central Office and Other Organized Activities Functional Budgets
Total Funds
State Funds
Marine Extension Service Skidaway Institute
of Oceanography Marine Institute Georgia Tech
Research Institute Education Extension
Services Agricultural
Experiment Station Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine
Experiment Station Veterinary Medicine
Teaching Hospital Joint Board of
Family Practice Georgia Radiation
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Total
'
1,721,972
i
3,691,331
S
1,406,905
'
126,215,095
S
5,847,259
i
50,372,176
>
49,447,695
i
162,937,227
>
2,904,029
S
2,354,694
i
5,842,920
2,000,764
'
2,581,503
S
24,253,860
S
441,577,430
$
1,184,539
$
1,504,907
$
956,178
$
13,003,069
$
2,086,574
$
33,705,056
$
33,013,733
$
30,660,825
$
2,904,029
$
502,839
$
5,842,920
$
0
$
62,842
$
24,147,158
$ 149,574,669
C. Budget Unit: Georgia Public Telecommunications Commission................
Public Telecommunications Commission Budget: Personal Services.................................... Operating Expenses............................... Total Funds Budgeted........................... Other Funds............................................ State Funds Budgeted...........................
3,093,986 5,136,284 8,230,270 8,230,270
0
Section 35. Department of Revenue. Budget Unit: Department of Revenue ......... Operations Budget:
74,299,477
364
JOURNAL OF THE HOUSE,
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...................................................,...........$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ County Tax Officials/Retirement
andFICA......................................................................................$ Grants to Counties/Appraisal
Staff...............................................................................................$ Motor Vehicle Tags and Decals....................................................$ Postage..............................................................................................$ ERS Rate Adjustment....................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
48,056,231 4,057,203 1,410,700
114,200 510,825 3,731,465 279,910 8,855,547 1,073,738
3,358,285
1,430,000 2,443,822 3,005,260 (182,709) 78,144,477 3,845,000 74,299,477
Department of Revenue Functional Budgets
Total Funds
State Funds
Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Ad Valorem Assessment Review
Commission Total
$
6,799,937
11,043,168
5,252,352
16,429,182
8,024,712
15,671,374
6,255,201
4,361,758
4,293,158
13,635 78,144,477
6,799,937 10,843,168 5,034,352 16,129,182 7,067,712 14,039,374 6,255,201 4,280,758 3,836,158
13,635 74,299,477
Section 36. Secretary of State. A. Budget Unit: Secretary of State-
Personal Services............................. Regular Operating Expenses......... Travel ................................................ Motor Vehicle Purchases ............... Equipment........................................ Real Estate Rentals........................ Per Diem, Fees and Contracts ...... Computer Charges........................... Telecommunications ....................... Election Expenses ........................... ERS Rate Adjustment.................... Total Funds Budgeted.................... State Funds Budgeted....................
21,414,173 15,280,074 1,971,289
224,800 28,500 80,621 2,272,731 617,856 811,611 300,095 400,000 (63,404) 21,924,173 21,414,173
Secretary of State Functional Budgets
Total Funds
State Funds
Internal Administration Archives and Records Business Services and
3,127,091 4,736,569
2,977,091 4,661,569
FRIDAY, FEBRUARY 1, 1991
365
Regulation Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Total
4,319,738
1,140,443 1,002,640
197,344
7,400.348
21,924,173
4,224,738
1,104,443 948,640 197,344
7.300.348
21,414,173
Occupational Certification Functional Budgets
Board Costs
Operations
S.B. of Accounting S.B. of Architects S.B. of Athletic Trainers Georgia Auctioneers
Commission S.B. of Barbers S.B. of Chiropractic
Examiners State Construction Industry
Licensing Board S.B. of Cosmetology G.B. of Dentistry G.B. of Examiners of
Licensed Dieticians S.B. of Professional
Engineers and Land Surveyors S.B. of Registration for Foresters S.B. of Funeral Services S.B. of Registration for Professional Geologists S.B. of Hearing Aid Dealers and Dispensers S.B. of Landscape Architects S.B. for the Certification of Librarians Georgia Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists Composite S.B. of Medical Examiners S.B. of Nursing Home Administrators G.B. of Nursing S.B. of Dispensing Opticians S.B. of Examiners in Optometry S.B. of Occupational Therapy S.B. of Pharmacy S.B. of Physical Therapy S.B. of Podiatry Examiners S.B. of Polygraph Examiners G.B. of Examiners of Licensed Practical Nurses
40,500
$
113,000
800
5,750 23,380
28,500
122,500 49,500 63,750
10,000
88,300
3,800
26,000
6,800
8,500 21,600
3,965
216,474 251,417
3,397
48,597 165,726
122,250
637,275 896,635 306,785
18,144
391,463
29,406 188,170
16,994
21,671 31,217
20,966
16,000
115,000
16,000 79,000 10,500
20,000 10,000 84,500 17,000 7,500 7,000
55,500
113,073
1,193,058
41,555 1,081,927
38,664
47,369 18,900 541,543 70,530 21,129 30,669
592,702
366
JOURNAL OF THE HOUSE,
G.B. of Private Detective and Security Agencies
S.B. of Examiners of Psychologists
S.B. of Recreation Examiners S.B. of Examiners for Speech
Pathology and Audiology S.B. of Registration for
Used Car Dealers S.B. of Registration for
Motor Vehicle Dismantlers, Rebuilders and Salvage Dealers S.B. of Veterinary Medicine S.B. of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysis Total
15,000 21,500 8,500 7,500 15,000
13,850 45,000
12,100 1,193,095
B. Budget Unit: Real Estate Commission..................................... Real Estate Commission Budget:
Personal Services:........................................................................ Regular Operating Expenses ..................................................... Travel............................................................................................ Motor Vehicle Purchases........................................................... Equipment.................................................................................... Real Estate Rentals.................................................................... Per Diem, Fees and Contracts .................................................. Computer Charges....................................................................... Telecommunications ................................................................... Total Funds Budgeted................................................................ State Funds Budgeted................................................................
Section 37. Soil and Water Conservation Committee. Budget Unit: Soil and Water
Conservation Committee................................... Soil and Water Conservation Budget:
Personal Services......................................................................... Regular Operating Expenses..................................................... Travel............................................................................................ Motor Vehicle Purchases........................................................... Equipment.................................................................................... Real Estate Rentals.................................................................... Per Diem, Fees and Contracts.................................................. Computer Charges....................................................................... Telecommunications................................................................... County Conservation Grants..................................................... ERS Rate Adjustment................................................................ Total Funds Budgeted................................................................ Federal Funds.............................................................................. State Funds Budgeted................................................................
Section 38. Georgia Student Finance Commission. Budget Unit: Georgia Student Finance
Commission..........................................................
Administration Budget:
315,722
59,859 21,048
29,894
203,990
49,920 81,987
182,652 8,102,778
1,804,811
1,007,853 152,894 13,500 19,000 17,800 117,855 134,900 317,859 23,150
1,804,811 1,804,811
1,872,630
907,516 111,003 63,305 10,450 17,705 50,405 442,420
5,600 19,220 586,396 (3,665) 2,210,355 337,725 1,872,630
22,544,254
FRIDAY, FEBRUARY 1, 1991
367
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Payment of Interest and Fees.......................................................! Guaranteed Educational Loans.....................................................! Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................! Law Enforcement Personnel
Dependents' Grants....................................................................! North Georgia College
ROTC Grants...............................................................................! Osteopathic Medical Loans...........................................................$ Georgia Military Scholarship
Grants............................................................................................! Paul Douglas Teacher
Scholarship...................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
4,345,854 388,001 68,800 12,000 32,100 22,257 364,668 133,900 381,625
4,210,000 14,430,888 4,724,401
38,000
104,500 162,000
462,030
444,425 30,325,449 22,544,254
Georgia Student Finance Commission Functional Budgets
Total Funds
State Funds
Internal Administration
Higher Education Assistance Corporation
Georgia Student Finance Authority
Georgia Public Postsecondary Education Commission
Total
!
5,268,249
!
381,625
!
24,576,244
!
99,331
$
30,325,449
$
0
!
381,625
!
22,063,298
!
99,331
$
22,544,254
Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System......................................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Cost-of-Living Increases for Local
Retirement System Members....................................................! Floor Fund for Local
Retirement Systems....................................................................! Post Retirement Benefit
Increases for Retirees..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
3,700,000
3,068,965 307,000 26,000 9,000 301,000 339,000
1,119,000 114,000
2,950,000
750,000
0 8,983,965 3,700,000
Section 40. Department of Technical and Adult Education.
368
JOURNAL OF THE HOUSE,
Budget Unit: Department of Technical and Adult Education. .............................................$
Personal Services. ............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment.... ....................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges................... ........................................................$ Telecommunications.......................................................................! Personal Services-Institutions. ......................................................$ Operating Expenses-Institutions...................................................! Capital Outlay .................................................................................$ Quick Start Program ......................................................................$ Area School Program... ...................................................................$ Regents Program. ............................................................................$ Adult Literacy Grants ....................................................................$ ERS Rate Adjustment....................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Institutions Functional Budgets
Total Funds
Administration Institutional Programs Total
$
7,081,742
$ 145,081,114
$ 152,162,856
Section 41. Department of Transportation. Budget Unit: Department of
Transportation ........................................................$ For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities. Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Capital Outlay .................................................................................$ Grants to Counties..........................................................................! Grants to Municipalities................................................................! Capital Outlay - Airport
Development................................................................................! Capital Outlay - Airport
Approach Aid and Operational Improvements..............................................................................! Mass Transit Grants.......................................................................! Savannah Harbor Maintenance Payments......................................................................................! Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction....................................................................!
127,910.001 4,100,806 340,242 128,000 0 12,413 476,004 1,285,672 609,851 142,000 85,174,485 18,543,302 0 5,878,282 25,254,051 2,766,092 7,473,805 (22,149)
152,162,856 127,910,001
State Funds
$
5,955,686
121,954,315
127,910,001
500,049.633
231,875,535 54,819,088
1,818,531 1,008,025 4,756,595 1,356,023 8,428,297 4,644,100 2,000,716 636,853,178 4,658,507 4,658,500
1,000,000
1,058,242 8,509,511
1,083,000
0
FRIDAY, FEBRUARY 1, 1991
369
G.O. Debt Sinking Fund ...................... ..........................................$ ERS Rate Adjustment...................................... ..............................$ Total Funds Budgeted...................................... ..............................$ State Funds Budgeted...................................... ..............................$
10,640,000 (8.167)
979,167,848 500,049,633
Department of Transportation Functional Budgets
Motor Fuel Tax Budget
Total Funds
State Funds
Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Paving at State Facilities Total
$ 694,181,944
$ 228,966,161
$
8,444,767
$
4,658,507
$
22,504,214
$
234,226
$ 958,989,819
$ 236,074,966
$ 217,499,581
$
7,807,732
$
4,658,507
$
21,959,214
$
234,226
$ 488,234,226
General Funds Budget
Total Funds
State Funds
Grants to Municipalities Air Transportation Inter-Modal Transfer
Facilities Harbor Maintenance
Activities Total
$
4,658,500
$
1,714,539
$
12,713,823
$
1,083.000
$
20,169,862
$
4,658,500
$
1,214,539
$
4,859,368
$
1,083,000
$
11,815,407
Section 42. Department of Veterans Service. Budget Unit: Department of Veterans
Service ....................................... ...............................$ Personal Services. ....................................... ......................................$ Regular Operating Expenses ..........................................................$ Travel.................................................................................................$ Motor Vehicle Purchases ................................................................$ Equipment..... ....................................................................................$ Real Estate Rentals .........................................................................$ Per Diem, Fees and Contracts .......................................................$ Computer Charges..... ...................................... .................................$ Telecommunications........................................................................$ Capital Outlay ..................................................................................$ Operating Expense/Payments to
Central State Hospital.................................................................$ Operating Expense/Payments to
Medical College of Georgia. ........................ ...............................$ Regular Operating Expenses
for Projects and Insurance..........................................................$ ERS Rate Adjustment.....................................................................$ Total Funds Budgeted.....................................................................$ State Funds Budgeted.....................................................................$
21,405.957 4,744,022
115,252 65,456
0 9,420 226,748 20,100 13,812 52,000
0
15,165,228
5,843,978
207,580 (84,581) 26,379,015 21,405,957
Veterans Service Functional Budgets
Total Funds
State Funds
Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total
$
5,227,662
$
15,291,393
$
5,859,960
$
26,379,015
$
5,000,258
$
11,974,631
$
4,431.068
$
21,405,957
370
JOURNAL OF THE HOUSE,
Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board ........................................................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications...,...................................................................! Georgia Crime Victims Assistance
Program........................................................................................! ERS Rate Adjustment....................................................................! Total Funds Budgeted....................................................................! Other Funds.....................................................................................! State Funds Budgeted....................................................................!
8,643.426 6,948,620
317,375 79,850
0 4,330 861,177 115,500 226,400 109,660
108,250 (27,736) 8,743,426 100,000 8,643,426
Section 44. State of Georgia General Obligation Debt Sinking Fund
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued)........................................!
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) ...........................................$
290,547,266 53,263,813
Section 45. Provisions Relative to Section 3, Supreme Court. The appro priations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 46. Provisions Relative to Section 4, Court of Appeals. The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contribu tions for judges and employees of the Court.
Section 47. Provisions Relative to Section 5, Superior Courts. The appro priations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe rior 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 Sec tion 15-5-2, for the latter of which funds shall be allocated to the ten administrative dis tricts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 48. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
FRIDAY, FEBRUARY 1, 1991
371
Section 49. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 50. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 51. Provisions Relative to Section 16, Department of Correc tions. The Department of Corrections is authorized to utilize available interest earnings of the Georgia Building Authority (Penal) arising from capital outlay appropriations made in HB 145 of the 1989 General Assembly in an amount not to exceed $5,526,000 for the purpose of acquiring land and constructing a youth development facility.
Section 52. Provisions Relative to Section 18, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,612.50 In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 18, funds are designated and committed for the purpose of Special Education - Low Incidence Grants to finance the direct instructional costs for - low incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1991.
From the Appropriations in Section 18, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1991 on the basis of oneeighteenth of the total appropriation for each Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1991 that it contributed during SFY 1990.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information sys tem and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
372
JOURNAL OF THE HOUSE,
Section 53. Provisions Relative to Section 19, Employees' Retirement System. The Employees' Retirement System is authorized to increase the employer con tribution rate by thirty-one one-hundredths of one percent of salaries to fund the follow
ing:
1.) A special cost-of-living increase in retirement benefits, effective July 1, 1990, to partially offset the taxation of such benefits as provided by HB 1-EX enacted at the September 1989 Extraordinary Session of the General Assembly as authorized by HB 738 enacted at the 1990 Regular Session of the General Assembly. 2.) A one and one-half percent cost-of-living increase effective July 1, 1990. 3.) A one and one-half percent cost-of-living increase effective January 1, 1991. 4.) Effective January 1, 1991 the State Employees' Retirement System Board reduced the employer contribution by 1.11 percent from 18.91 to 17.80.
Section 54. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan dards 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
The Division of Mental Health, Mental Retardation and Substance Abuse is autho
rized to expend an amount not to exceed $2,340,000 of receipts from the Department of
Medical Assistance in excess of the $74,000,000 of such receipts contemplated in this
appropriations act. Such funding shall be applied toward the following programs and pur
poses in no more than the amounts shown thereby:
Regular Operating Expense State institutions
Computer Charges - State and Regional Hospitals
Per Diem, Fees and Contracts Physician coverage at State institutions
Community Mental Health, Mental Retardation and Substance Abuse programs
3 MR residential slots in Chatham Co.
$ 531,000
65,000
139,000
1,550,000 55,000
In any instance in which such excess receipts from the Department of Medical Assistance may not be applied toward the purposes listed above, the Department is authorized to transfer State funds to accomplish the intent of this paragraph.
Provided, that Central State Hospital is authorized to utilize surplus funds, not to exceed $497,500, for replacement of TV distribution lines in the Department of Veterans Service facilities, the Department of Corrections facilities and MH/MR facilities.
Provided, that Southwestern State Hospital is authorized and directed to add six (6) HST positions to the Adult Mental Health Unit.
FRIDAY, FEBRUARY 1, 1991
373
Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid dollars.
Section 55. Provisions Relative to Section 28, Department of Medical Assistance. Provided that of the State fund appropriation to the Department of Medi cal Assistance, $5,644,828 is designated and committed for Benefit Payments for services provided in State Fiscal Year 1990.
Provided that of the total State fund appropriation to the Department of Medical Assistance $35,512,616 is included from the Indigent Care Trust Fund.
Section 56. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $156.24 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1991 shall not exceed ten and one-half percent (10.50%).
Section 57. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri ated in Section 30 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30.
From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 30, the Department of Natural Resources is authorized and directed to use the excess receipts to provide for the most immediate critical needs of the Parks, Recreation and Historic Sites Division to include repairs and maintenance of State Parks and Historic Sites facilities.
Provided that of the $258,500 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Area Planning and Development Com missions which employ Preservation Planners as of July, 1990.
Section 58. Provisions Relative to Section 31, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instructors utilizing federal funds.
Provided, that of the appropriation relating to the Department of Public Safety, Bud get Unit "B", the Office of Planning and Budget is authorized and directed to transfer five training positions and operating costs associated with those positions from the Georgia Public Safety Training Center to the Georgia Police Academy.
Section 59. Provisions Relative to Section 34, Regents, University Sys tem of Georgia. The Board of Regents is authorized to transfer other object class sur pluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality - added pro grams and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 60. Provisions Relative to Section 40, Department of Technical and Adult Education. None of the State funds appropriated in Section 40 may be used
374
JOURNAL OF THE HOUSE,
for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Technical and Adult Education.
Section 61. Provisions Relative to Section 41, Department of Transpor tation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years subject 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 pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 41 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
It is the further intent of this General Assembly that of the $488,234,226 of motor fuel tax appropriated in this act, $40,000,000 is designated and committed for the Local Assist ance Road Program. It is the intent of this General Assembly that of the $488,234,226 of motor fuel tax appropriated in this act, $3,000,000 is authorized for initial design of a replacement of the Sidney Lanier Bridge in Glynn County, Georgia.
Section 62. In addition to all other appropriations for the State fiscal year ending June 30, 1991, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $8,520,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($8,400,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from .agency fund collections.
Section 63. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 64. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each
FRIDAY, FEBRUARY 1, 1991
375
State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 65. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal matter.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 66. 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 effec tive 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 67. 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 68. 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 69. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal Funds.
Section 70. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated 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
376
JOURNAL OF THE HOUSE,
and activated at the time of the effective date of the aforesaid constitutional provisions, 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 insuffi cient to make the required payments in full, there shall be taken from other funds appro priated 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 appro priations.
Section 71. (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 1990 regular session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatso ever 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 Represen tatives 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 the purpose of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Pur chases, Equipment, Computer Charges, Real Estate Rentals, Postage and Telecommunica tions.
(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 adminis tration of the annual operating budget.
Section 72. Wherever in this Act the terms "Budget Unit Object Classes" or Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing 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 73. Provisions Relative to Section 44, State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 44 of "State of Georgia General Obligation Debt Sinking Fund (New)", the maximum maturi ties, user agencies and user authorities, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that $126,500 originally appropriated to the State of Georgia General Obliga tion Debt Sinking Fund (New) to finance the renovation of offices and facilities in build ings of the Georgia Building Authority through the issuance of $1,265,000 in principal
FRIDAY, FEBRUARY 1, 1991
377
amount of General Obligation Debt is removed from and no longer included in the appro priated amount for the State of Georgia General Obligation Debt Sinking Fund (New).
Provided that $511,000 originally appropriated to the State of Georgia General Obliga tion Debt Sinking Fund (New) to finance facilities for the Department of Corrections in Mitchell, Lowndes, and Emanuel Counties through the issuance of $5,110,000 in principal amount of General Obligation Debt is removed from and no longer included in the appro priated amount for the State of Georgia General Obligation Debt Sinking Fund (New).
Provided that $300,000 originally appropriated to the State of Georgia General Obliga tion Debt Sinking Fund (New) to finance the purchase of equipment and construction of facilities for wildlife management and public fishing areas for the Department of Natural Resources through the issuance of $1,200,000 in principal amount of General Obligation Debt is removed from and no longer included in the appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New).
Provided that $250,000 originally appropriated to the State of Georgia General Obliga tion Debt Sinking Fund (New) to finance the purchase of equipment and construction of a facility at the University of Georgia for the Board of Regents through the issuance of $2,500,000 in principal amount of General Obligation Debt is removed from and no longer included in the appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New).
Provided that $100,000 originally appropriated to the State of Georgia General Obliga tion Debt Sinking Fund (New) to finance the purchase of land at Georgia Southern Uni versity of the Board of Regents through the issuance of $1,000,000 in principal amount of General Obligation Debt is removed from and no longer included in the appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New).
Provided the $5,310,000 originally appropriated to the State of Georgia General Obli gation Debt Sinking Fund (New) to finance a program of Developmental Highways and four-lane and passing lane contruction for the Department of Transportation through the issuance of $53,100,000 in principal amount of General Obligation Debt is removed from and no longer included in the appropriated amount for the State of Georgia General Obli gation Debt Sinking Fund (New).
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $12,340,000 is specifically appropriated to finance the acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, and equipment originally financed with cash; to wit: Department of Corrections ($50,000,000), Department of Education ($3,000,000), Depart ment of Education - Libraries ($2,400,000), Department of Natural Resources ($5,000,000), Department of Human Resources ($9,000,000), Regents, University System of Georgia ($12,600,000), Department of Technical and Adult Education ($1,400,000), and the Depart ment of Transportation ($40,000,000) through the issuance of $123,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Sinking Fund (New), $4,359,775 is specifically appropriated to finance the con struction of appurtenant facilities and the purchase of equipment for the Department of Correction's facilities in Washington, Johnson, Mitchell, Telfair, Hancock, Treutlen, Ful ton, Rockdale and Evans Counties through the issuance of not more than $17,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of 60 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $7,726,000 is specifically appropriated for the State Board of Education to finance advanced incentive construction for county and indepen dent school systems through the issuance of $77,260,000 in principal amount of General
378
JOURNAL OF THE HOUSE,
Obligation Debt, the instruments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $7,690,000 is specifically appropriated for the Department of Industry, Trade and Tourism for the purpose of financing the construction
of the phase III expansion of the Georgia World Congress Center through the issuance of not more than $76,900,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of 240 months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $355,250 is specifically appropriated to finance the purchase of equipment and construction of facilities for wildlife management and public fishing areas for the Department of Natural Resources through the issuance of not more than $1,450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months.
Section 74. Delayed Hiring Factor by Department.
Dept. of Corrections "A" Dept. of Human Resources "A" Dept. of Human Resources "B"
Dept. Technical and Adult Education Dept of Revenue
Office of the Governor Dept. of Law Soil and Water Conservation
Commission Dept. Natural Resources
$
20,071,083
$
2,427,508
$
1,691,600
$
478,610
$
51,042
$
17,000
$
57,373
$
59,482
$
125,352
Section 75. Cost-of-Living Increases. This General Assembly has distributed to and included in the agency appropriations listed hereinbefore State funds for the pur poses described herein: 1.) For full-time employees of the Executive, Judicial and Legisla tive branches of State Government, a 2.5% ($450 minimum) increase effective July 1, 1990; 2.) For Technical and Adult Education employees, a 2.5% increase effective July 1, 1990, for non-certified personnel, and for certificated personnel a 1% increase on the T-4 entrance level with an additional 1% increase beginning the 8th year, effective September 1, 1990; 3.) For teachers, public librarians, and other instructional and support personnel, an increase from $18,357 to $18,541 for the T-4 entrance level, with first and second year teachers to be paid as those with two years of experience and with resumption of annual increments after completion of one year experience and performance based certification, effective the following month; an additional 1% increase beginning the 6th year and an additional 1.5% beginning the 8th year, effective September 1, 1990; 4.) For the teacher salary schedule to be adjusted to provide an increase in the longevity factor from 2.9% to 3.0%, effective September 1, 1990; 5.) For school bus drivers and lunchroom workers, a 2.5% increase to be effective July 1, 1990; 6.) For University System employees, a 2.5% increase effective September 1,1990, for academic contracted personnel and a 2.5% salary increase, effective July 1, 1990, for non-academic personnel, and fiscal year contracted per sonnel of the University System and employees of the Athens and Tifton Veterinary Labo ratories, the Poultry Veterinary Diagnostic Laboratories, the Cooperative Extension Service and the Agricultural Experiment Station; 7.) An increase of 2.5% for State officials whose salary is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia Gen eral Assembly, as amended, as authorized in said Act, Code Section 45-7-4; 8.) For 0.25% of the 10.50% employer contribution to the State Health Benefit Plan for State employee; 9.) For two 1.5% cost-of-living adjustments for retired members of the Employees' Retire ment System; and 10.) For cost-of-living increases in retirement benefits for retired mem bers of the Employees' Retirement System to partially offset the taxation of such benefits as provided by HB 1-EX enacted at the September 1989 Extraordinary Session of the
FRIDAY, FEBRUARY 1, 1991
379
General Assembly as authorized by HB 738 enacted at the 1990 Regular Session of the General Assembly.
In addition to all other appropriations there is hereby appropriated $6,235,000 for the retirement systems listed below for the purpose of funding cost-of-living increases in retirement benefits to partially offset the taxation of such benefits as provided by House Bill 1-EX enacted at the September 1989 Extraordinary Session of the General Assembly as authorized by House Bill 738 enacted at the 1990 Regular Session of the General
Assembly:
Public School Employees' Retirement System
Legislative Retirement System Trial Judges and Solicitors
Retirement Fund Teachers' Retirement System
$
248,000
$
6,700
$
3,300
$
5,977,000
In addition to all other appropriations for the State Fiscal Year ending June 30, 1991; there is hereby appropriated $678,800 for the purpose of funding HB 198, HB 436, HB 769, HB 1088 and SB 72.
There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes for which such moneys may be appropriated pursuant to article 6, and may be used to match federal funds which are available for such purposes.
Section 76. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1991.......................................................................$ 7,665,093,946 (Includes Indigent Care Trust Fund)
Section 77. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 78. All laws and parts of laws in conflict with this Act are repealed."
The following Committee substitute was read:
A BILL
To amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", approved April 17, 1990 (Ga. L. 1990, p. 2338), so as to change certain appropriations for the State Fiscal Year 1990-1991; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1990-1991, as amended, known as the "General Appropriations Act" approved April 17, 1990 (Ga. L. 1990, p. 2338), is further amended by striking everything following the enacting clause through Section 79, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1990, and ending June 30, 1991, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $7,461,512,616 (including $35,512,616 in the Indigent Trust Fund) for State Fiscal Year 1991.
380
JOURNAL OF THE HOUSE,
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Legislative Branch.........................................................$
Personal Services - Staff ................................................................$ Personal Services - Elected
Officials .........................................................................................$ Regular Operating Expenses .........................................................$ Travel - Staff ...................................................................................$ Travel - Elected OfficiaU...............................................................$ Capital Outlay .................................................................................$ Equipment........................................................... .............................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts -
Staff ...............................................................................................$ Per Diem, Fees and Contracts -
Elected Officials...........................................................................$ Photography.....................................................................................$ Expense Reimbursement Account................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
22,348,760 11,364,938
3,582,551 2,319,587
94,500 3,500
0 157,739 375,500 28,100 670,000
203,179
2,358,166 63,000
1,128,000 22,348,760 22,348,760
Senate Functional Budgets
Total Funds
State Funds
Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office
Total
4,184,699 605,309
1.081.189
$
5,871,197
4,184,699 605,309
1,081.189 5,871,197
House Functional Budgets
Total Funds
State Funds
House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office Total
8,503,268
443,359 1.084.657 10,031,284
8,503,268
443,359 1,084,657 10,031,284
Joint Functional Budgets
Total Funds
State Funds
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total
2,235,917 2,043,344
847,902 1.319,116 6,446,279
2,235,917 2,043,344
847,902 1,319,116 6,446,279
For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for
FRIDAY, FEBRUARY 1, 1991
381
membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi
zations, 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, con
sider 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 Sen ate and the House of Representatives; for Code Revision; for equipment, supplies, furnish
ings, 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...................................................$ Operations Budget:
Personal Services.............................................................................* Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................* Per Diem, Fees and Contracts ......................................................$ Real Estate Rentals ........................................................................$ Computer Charges...........................................................................* Telecommunications.......................................................................* Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*
15,383,946
13,070,348 372,246 747,777 0 9,500 32,500 792,014 267,986 91,575
15,383,946 15,383,946
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court.
Budget Unit: Supreme Court...............................................................* Personal Services.............................................................................* Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*
4.554,614 3,998,929 1,485,589 5,584,518 4,554,614
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
5,725,146
382
JOURNAL OF THE HOUSE,
Personal Services..................................................................,..........! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 5. Superior Courts. Budget Unit: Superior Courts .........................,...................................$
Operation of the Courts .................................................................$ Prosecuting Attorneys' Council.....................................................! Sentence Review Panel ..................................................................$ Council of Superior
Court Judges................................................................................! Judicial Administrative
Districts.........................................................................................! Habeas Corpus Clerk......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted...................................................................-!
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................!
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education ..............................................$
Institute's Operations.....................................................................! Georgia Magistrate Courts
Training Council.........................................................................-! Municipal Court Judges
Training Council.............,............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................!
Council Operations..........................................................................! Payments to Judicial
Administrative Districts for Case Counting..............................................................................! Board of Court Reporting.........................,....................................! Payment to Council of Magistrate Court Judges................................................................................! Payment to Council of Probate Court Judges.................,.................,............................................! Payment to Council of State Court Judges................................................................................! Payment to Resource Center........................................................-! Payment to Computerized Information Network ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..........................................................!
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council....................................................,.............!
4,907,692 817,454
5,725,146 5,725,146
41,684,951 38,230,731 1,404,885
156,522
120,350 1,772,463
0 41,684,951 41,684,951
835,357
585,170 444,890
133,030
7,250 585,170 585,170
1,974,057 902,338
76,500 36,097
26,000
20,000
12,000 240,000
661,122 1,974,057 1,974,057
124,767
997,825
FRIDAY, FEBRUARY 1, 1991
383
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services .....................................$
Administration and Services Budget: Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Rents and Maintenance Expense .................................................$ Utilities .............................................................................................$ Payments to DOAS Fiscal Administration.............................................................................? Direct Payments to Georgia Building Authority for Capital Outlay..............................................................................? Direct Payments to Georgia Building Authority for Operations....................................................................................? Telephone Billings ..........................................................................$ Materials for Resale........................................................................? Public Safety Officers Indemnity Fund...........................................................................? Health Planning Review Board Operations....................................................................................? Georgia Golf Hall of Fame Operations....................................................................................? Authorities Liability Reserve Fund...............................................................................? Grants to Counties..........................................................................? Grants to Municipalities................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
38,727,739
49,616,475 10,994,340
323,550 434,500 2,098,708 8,541,664 3,704,822 1,297,980 459,800 12,918,050 37,900
2,000,000
362,000
2,267,412 38,345,900 14,600,000
304,400
37,600
23,500
0 1,300,000 2,100,000 151,768,601 38,727,739
Department of Administrative Services Functional Budgets
Total Funds
State Funds
State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration Data Processing Services Motor Vehicle Services
425,591 4,772,953
12,905,948
14,455,832 3,033,469
912,683
564,827 49,357,384 4,099,033
$
425,591
4,741,752
10,905,948
0 3,033,469
0
564,827 13,206,152
0
384
JOURNAL OF THE HOUSE,
Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total
$
49,496,178
$
6,938,867
$
1,716,067
$
1,012,865
$
2,076.904
$ 151,768,601
$
5,850,000
$
0
$
0
$
0
!
0
$
38,727,739
B. Budget Unit: Georgia Building
...................................$
Georgia Building Authority Budget:
..................................$
Regular Operating Expenses .........................................................$
Travel.............................................................. ..................................$
..................................$
..................................$
Computer Charges...........................................................................$
Real Estate Rentals ......................................
..................................$
Per Diem, Fees and Contracts ......................................................$
..................................$
..................................$
Contractual Expense .....................................................................$
Fuel.................................................................. ..................................$
Facilities Renovations
..................................$
Total Funds Budgeted..................................
State Funds Budgeted
..................................8
0
20,842,102 5,091,403
26,794 244,000 167,706 52,434 17,357 120,456 146,000 3,235,000 7,966,638 230,422
0
0 38,140,312
0
Georgia Building Authority Functional Budgets
Total Funds
State Funds
Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total
$
2,018,096
$
0
$
5,249,281
$
0
$
4,935,623
$
0
$
5,402,724
$
0
$
363,301
$
0
$
5,408,063
$
0
$
13,640,758
$
0
$
1,122,466
$
0
$
0
$
0
$
38,140,312
$
0
Section 12. Agency for the Removal of Hazardous Materials.
Budget Unit: Agency for the Removal of Hazardous Materials...........................................!
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...................................................,.......................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Utilities.............................................................................................!
114,954
3,483,138 2,829,996
460,800 155,245 199,200
1,000 0
20,000 500,000
0 0
FRIDAY, FEBRUARY 1, 1991
385
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
7,649,379 114,954
Section 13. Department of Agriculture. A. Budget Unit: Department of
Agriculture ...........................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Market Bulletin Postage................................................................! Payments to Athens and Tifton
Veterinary Laboratories .............................................................$ Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro.....................................................................................$ Veterinary Fees................................................................................$ Indemnities.......................................................................................! Beelndemnities...............................................................................$ Advertising Contract.......................................................................!
Payments to Georgia Agrirama Development Authority for Operations..........................,.........................................................!
Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.........................................................!
Capital Outlay .................................................................................$
Contract - Federation of Southern Cooperatives................................................................!
Tick Control Program....................................................................! Poultry Indemnities........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
34,753,046
30,632,048 3,530,183
930,524 521,608 90,500 370,676 731,153 395,000 238,461 700,000
2,347,886
2,004,106 412,000 84,000 40,000 193,000
560,790
350,000 0
56,400 40,000
0 44,228,335 34,753,046
Department of Agriculture Functional Budgets
Total Funds
State Funds
Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total
5,133,261 6,818,568 1,958,105 3,740,117 4,458,618 1,476,915 3,039,674
6,392,002 4,302,613 4,335,275
417,045 2.156,142 44,228,335
4,784,261 6,509,568 1,913,301 3,740,117 4,390,821 1,476,915 3,024,087
4,690,642 1,626,822
715,325 0
1,881,187 34,753,046
386
JOURNAL OF THE HOUSE,
B. Budget Unit: Georgia Agrirama Development Authority......................................?
Georgia Agrirama Development Authority Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................? Travel................................................................................................$ Motor Vehicle Purchases ...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Goods for Resale .............................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
Section 14. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance..........................................................? Administration and Examination Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
Section 15. Department of Community Affairs. Budget Unit: Department of
Community Affairs.............................................? State Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases...................,...........................................? Equipment............................................,...........................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Felony Expenses................................................................? Contracts with Regional
Development Commissions........................................................? Local Assistance Grants.................................................................? Appalachian Regional Commission
Assessment...................................................................................? Community Development Block
Grants (Federal)..........................................................................? Music Hall of Fame........................................................................? Local Development Fund...............................................................? Payment to Georgia Residential
0
670,499 164,436
5,450 0
5,494 0 0
7,933 36,167 203,300 95,000 1,188,279
0
6,881,120
5,708,099 264,344 309,368 175,581 20,100 116,628 232,000 53,000 2,000
6,881,120 6,881,120
14,931,246
5,749,527 281,022 170,207 0 20,560 123,509 482,916 55,783 142,000 0
2,467,500 1,464,520
110,959
30,000,000 47,000 850,000
FRIDAY, FEBRUARY 1, 1991
387
Finance Authority ............................ Payment to Georgia Environmental
Facilities Authority for .................... Total Funds Budgeted......................... State Funds Budgeted.........................
Department of Community Affairs Functional Budgets
5,000,000
446,894 47,412,397 14,931,246
Total Funds
State Funds
Executive and Administrative Technical Assistance Financial Assistance Rural Development Coordinated Planning Total
932,789 1,432,992 42,317,168 1,150,623 1,578,825 47,412,397
905,289 1,253,973 10,217,249 1,110,623 1,444,112 14,931,246
Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation......................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Utilities.............................................................................................! Court Costs.......................................................................................! County Subsidy...............................................................................! County Subsidy for Jails................................................................! County Workcamp Construction
Grants............................................................................................! Grants for Local Jails.....................................................................! Central Repair Fund.......................................................................! Payments to Central State
Hospital for Meals.......................................................................!
Payments to Central State Hospital for Utilities...................................................................!
Payments to Public Safety for Meals.......................................................................................!
Inmate Release Fund......................................................................! Health Services Purchases.............................................................! Payments to MAG for Health
Care Certification........................................................................! University of Georgia -
Cooperative Extension Service Contracts.........................................................................! Minor Construction Fund..............................................................!
Authority Lease Rentals ................................................................$
Total Funds Budgeted....................................................................!
Indirect DOAS Funding.................................................................!
Georgia Correctional Industries....................................................!
State Funds Budgeted....................................................................!
439,092,991 317,996,590 40,081,330
I,782,416 4,009,000 4,645,861 2,866,969 4,518,421 3,727,604 2,366,202
105,000 II,550,000
433,101 12,775,000 8,700,000
0 0 783,750
3,802,000
1,126,000
438,000 1,513,011 20,902,736
50,000
325,000 2,000,000
100,000 446,597,991
450,000 0
439,092,991
388
JOURNAL OF THE HOUSE,
Departmental Functional Budgets
Total Funds
State Funds
Administration Institutions and Support Probation Total
$
53,850,255
$ 315,116,391
$
77,631,345
$ 446,597,991
!
53,352,255
! 314,769,391
!
70,971,345
! 439,092,991
B. Budget Unit: Board of Pardons and Paroles..................................................................$
Board of Pardons and Paroles Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Jail Subsidy........................................................................! Health Services Purchases.............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
35,161,735
28,225,888 1,157,777
819,034 316,500 200,678 444,000 2,151,754 1,031,321 627,951 608,000
5,000 35,587,903 35,161,735
Section 17. Department of Defense. Budget Unit: Department of Defense................................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........,...............................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Grants to Locals - Emergency
Management Assistance.............................................................! Grants - Others................................................................................! Civil Air Patrol Contract ...............................................................$ Capital Outlay.................................................................................! Repairs and Renovations...............................................................! Disaster Relief Payments...............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
8,203,804
8,398,906 4,383,508
73,382 0
41,300 23,125 6,260 144,673 200,535
1,044,200 51,000
38,304
5,720 20,900 12,000,000 26,431,813 8,203,804
Department of Defense Functional Budgets
Total Funds
State Funds
Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard Georgia Army National Guard Total
1,359,745
15,331,990 3,483,868 6,256,210 26,431,813
1,275,434
4,017,928 561,298
2,349,144 8,203,804
FRIDAY, FEBRUARY 1, 1991
Section 18. State Board of Education Department of Education.
Budget Unit: Department of Education.................................................................$
Operations: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities.............................................................................................! Capital Outlay.................................................................................! QBE Formula Grants: Kindergarten/Grades 1 - 3.............................................................! Grades 4 - 8......................................................................................! Grades 9 - 12....................................................................................$ High School Laboratories ..............................................................$ Vocational Education
Laboratories.................................................................................! Special Education............................................................................! Gifted................................................................................................! Remedial Education........................................................................! Staff Development and
Professional Development..........................................................! Media................................................................................................! Indirect Cost....................................................................................! Pupil Transportation......................................................................! Mid-Term Adjustment...................................................................! Local Fair Share..............................................................................! Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................! In School Suspension......................................................................! Special Instructional Assistance ...................................................$ Middle School Incentive ................................................................$ Special Education Low -
Incidence Grants..........................................................................! Non-QBE Grants: Education of Children of Low -
Income Families...........................................................................! Retirement
(H.B. 272 and H.B. 1321) ..........................................................$ Instructional Services for
the Handicapped .........................................................................$ Removal of Architectural
Barriers.........................................................................................! Tuition for the
Multi-Handicapped.....................................................................!
Severely Emotionally Disturbed ...................................................$ School Lunch (Federal) ..................................................................$
School Lunch (State) ......................................................................$
Supervision and Assessment of
Students and Beginning
389
2,843.573.237
43,137,970 4,453,027 1,576,768
0 463,430 4,520,476 2,303,503 1,546,190 16,862,404 710,604
0
709,643,957 569,167,468 262,559,186 79,999,286
87,709,279 201,399,631 26,831,040 50,972,410
22,006,549 76,796,053 659,154,549 115,874,933 51,331,911 (517,913,074)
143,513,105 3,517,069 14,163,785 21,097,718 33,204,570
200,000
144,506,506
3,000,000
27,451,566
0
2,300,000 36,736,058 113,396,789 24,601,553
390
JOURNAL OF THE HOUSE,
Teachers and Performance Based Certification......................................................................$
Regional Education Service Agencies ..........................................................................$
Georgia Learning Resources System...........................................................................................$
High School Program .....................................................................$
Special Education in State Institutions.........................................................................$
Governor's Scholarships.................................................................! Special Projects ...............................................................................$ Job Training Partnership Act .......................................................$
Vocational Research and Curriculum....................................................................................!
Salaries and Travel of Public Librarians.........................................................................!
Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library M & 0....................................................................! Grants to Local School Systems
for Educational Purposes...........................................................! Child Care Lunch
Program (Federal) .......................................................................$ Chapter II - Block Grant
Flow Through...............,...............................................................!
Payment of Federal Funds to Board of Technical and Adult Education......................................................................................!
Innovative Programs.......................................................................! Technology Grants..........................................................................! Limited English - Speaking
Students Program .......................................................................$ Drug Free School (Federal)...........................................................! Transistion Program for Refugees................................................!
Emergency Immigrant Education Program........................................................................................!
Title II Math/Science Grant (Federal).......................................................................................!
Robert C. Byrd Scholarship (Federal).......................................................................................!
QBE Weights Adjustment .............................................................$ Health Insurance - Non-Cert........................................................!
Personnel and Retired Teachers...............................................! Pre-School Handicapped Program...............................................! Mentor Teachers.............................................................................! Middle School Counselors..............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!
5,057,263
6,786,750
4,514,231 17,283,398
3,560,399 940,743 738,305
3,084,680
266,540
10,122,041 4,267,290
834,085 3,777,271
0
16,787,825
10,026,258
14,101,678 1,703,089
150,000
4,237,867 9,016,723
100,000
100,000
345,900
216,000 0
59,583,875 1,360,000
0 3,749,706 3,221,508,186
0 2,843,573,237
Education Functional Budgets
Total Funds
State Funds
State Administration Instructional Programs Governor's Honors Program Administrative Services
!
9,669,691
!
18,155,009
!
1,161,464
!
11,032,953
9,054,450 8,744,905 1,084,168 7,030,070
FRIDAY, FEBRUARY 1, 1991
Evaluation and Personnel Development
Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total
13,609,834 4,321,481
347,442
613,720 3,145,933,814
4,522,688 7,123,028
5,017,062 $ 3,221,508,186
Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement
System ......................................................................$ Employees' Retirement System Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits to Retirees ........................................................................$ Employer Contribution ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 20. Forestry Commission. Budget Unit: Forestry Commission ....................................................$ State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Contractual Research......................................................................! Payments to the University of
Georgia, School of Forestry for Forest Research.....................................................................! Ware County Grant for Southern Forest World................................................................................! Ware County Grant for Road Maintenance.................................................................................!
Wood Energy Program...................................................................!
Capital Outlay.................................................................................! Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!
391
13,153,026 2,899,761
347,442
613,720 2,785,106,840
4,264,326 6,817,518
4,457,011 2,843,573,237
0
1,367,057 225,050 14,000 0 7,000 290,000 191,000 35,000 836,250 0 0
2,965,357 0
34,601,412
29,487,431 6,000,889
174,520 618,778 1,389,191 96,083 40,224 995,304 554,485 236,000
0
28,200
60,000 0 0
39,681,105 34,601,412
392
JOURNAL OF THE HOUSE,
Forestry Commission Functional Budgets
Total Funds
State Funds
Reforestation Field Services Wood Energy General Administration
and Support Total
4,014,725 33,166,698
0
2,499,682 39,681,105
1,368,725 30,733,005
0
2.499,682 34,601,412
Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation ............................................................$ Operations Budget:
Personal Services......................................,......................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment....... .................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications ...............................................................,.......$ Per Diem, Fees and Contracts ......................................................$ Evidence Purchased........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ Total State Funds Budgeted.........................................................$
36.560,086
26,746,741 2,295,807
491,361 1,306,418
520,737 601,906 1,841,500 1,871,456 457,286 420,000
6,874 36,560,086 36,560,086
Georgia Bureau of Investigation Functional Budgets
Total Funds
State Funds
Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total
3,098,042 8,453,294 11,479,148
6,613,984 6.915.618 36,560,086
3,098,042 8,453,294 11,479,148
6,613,984 6,915,618 36,560,086
Section 22. Office of the Governor. Budget Unit: Office of the Governor..................................................!
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications...................................................,...................! Per Diem, Fees and Contracts......................................................! Cost of Operations......................................................,...................! Mansion Allowance.........................................................................! Governor's Emergency Fund.....................................,...................! Intern Stipends and Travel...........................................................! Art Grants of State Funds.............................................................! Art Grants of Non-State Funds....................................................! Humanities Grant - State Funds..................................................! Art Acquisitions - State Funds.....................................................!
20,084,772 9,630,259
494,830 182,329
0 67,666 252,113 805,769 177,246 33,094,341 2,831,820 40,000 3,050,000 152,280 2,825,201 325,910 47,500
0
FRIDAY, FEBRUARY 1, 1991
393
Children's Trust Fund Grants ......................................................$ Children and Youth Grants...........................................................$ Juvenile Justice Grants ..................................................................$ Payments to Hazardous Waste
Management Authority ..............................................................$ Transition Fund ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
0 95,000 1,349,936
232,000 50,000 55,704,200 20,084,772
Office of the Governor Functional Budgets
Total Funds
State Funds
Governor's Office Office of Fair
Employment Practices Office of Planning
and Budget Council for the Arts Office of Consumer Affairs State Energy Office Vocational Education
Advisory Council Office of Consumers'
Utility Council Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Commission on Children
and Youth Growth Strategies Commission Human Relations Commission Total
6,124,100
883,411
4,931,867 3,856,216 2,308,467 33,243,116
334,428
629,521
736,182
1,609,187
361,009 160,818 525,878 55,704,200
6,124,100
803,411
4,931,867 3,337,216 2,308,467
364,872
134,428
629,521
466,876
462,187
361,009 160,818
0 20,084,772
Section 23. Department of Human Resources. A. Budget Unit: Departmental
Operations................................................................! 1. General Administration and
Support Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay.................................................................................! Institutional Repairs and
Maintenance.................................................................................! Payments to DMA -
Community Care.........................................................................! Service Benefits for Children........................................................! Special Purpose Contracts.............................................................! Purchase of Service Contracts ......................................................!
520,080.456
65,900,504 3,914,531 1,738,450
820,148 204,802 3,028,748 5,857,333 1,377,453 3,372,975 390,975 1,527,830
0
173,473
10,313,532 13,382,850
329,260 36,191,510
394
JOURNAL OF THE HOUSE,
Total Funds Budgeted.......................... Indirect DOAS Services Funding ....... State Funds Budgeted..........................
$
148,524,374
.$
638,300
$
67,308,238
General Administration and Support Functional Budgets
Total Funds
State Funds
Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel Indirect Cost Facilities Management Public Affairs Community/ Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office Of Children and Youth Planning Councils Community Services Block Grant Regulatory Services Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning and Development Agency Total
$
791,474
$
1,828,000
$
351,575
$
1,833,384
$
0
$
5,204,280
$
599,336
$
781,822
$
1,727,314
$
5,440,886
$
2,098,455
$
598,845
$
13,382,850
$
554,530
$
8,904,284
$
865,033
$
2,675,359
$
841,457
$
6,089,773
$
331,210
$
6,192,980
$
31,719,254
$
13,255,033
$
40,954,845
$
1,502.395
$ 148,524,374
$
791,474
$
1,828,000
$
351,575
$
1,833,384
$ (7,200,934)
$
3,693,947
$
599,336
$
781,822
$
1,727,314
$
5,240,886
$
2,098,455
$
598,845
$
12,795,132
$
154,569
$
0
$
855,033
$
2,675,359
$
498,090
$
1,423,896
$
248,710
$
393,123
$
4,826,120
$
12,327,388
$
17,317,319
$
1,449,395
$
67,308,238
2. Public Health Budget: Personal Services............................ ...... Regular Operating Expenses .............. Travel..................................................... Motor Vehicle Purchases .................... Equipment........... .................................. Computer Charges... ............................. Real Estate Rentals ............................. Telecommunications............................ Per Diem, Fees and Contracts ........... Utilities ............................................. ..... Postage ................................................... Crippled Children Clinics ................... Grants for Regional Intensive Infant Care.......................
$
51,876,772
$
59,408,981
$
1,186,683
$
0
$
115,937
$
579,634
$
1,104,808
$
716,884
$
3,466,125
$
0
$
113,030
$
640,000
$
0
FRIDAY, FEBRUARY 1, 1991
Grants for Regional Maternal and Infant Care..............
Crippled Children Benefits................ Kidney Disease Benefits .................... Cancer Control Benefits..................... Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants.................................... Family Planning Benefits .................. Grant-In-Aid to Counties................... Purchase of Service Contracts .......... Special Purpose Contracts................. Total Funds Budgeted........................ Indirect DOAS Services Funding ..... State Funds Budgeted........................
Public Health Functional Budgets
Total Funds
Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grant in Aid to Counties Community Health Management Community Care Aids
859,231 310,643 1,322,157 1,900,061 1,039,432 1,049,159
1,989,672 1,194,433
688,337
1,928,951
1,825,599 12,466,644 5,637,267 3,213,190 10,303,829 60,865,998 1,747,521 12,367,435 1,330,953
687,672 4,015,479 1,338,630 5,518,705 2,997,850
10,760,881 979,310
3,540,579
4,477,587 57,880,701
492,974 3,208,364 6,411,496
395
2,055,000 7,600,000
381,572 2,837,470
2,358,000 515,582
70,444,214 12,724,698 6,225,350 224,350,740
549,718 127,955,905
State Funds
$
662,006
$
245,643
$
1,237,157
$
1,727,410
$
816,614
$
972,359
$
1,459,672
$
848,651
$
0
$
302,153
$
1,527,654
$
6,373,819
$
4,402,852
$
672,318
$
6,270,589
$
0
$
1,537,346
$
10,124,465
$
1,330,953
$
687,672
$
3,899,621
$
924,858
$
5,329,978
$
1,937,350
$
10,631,206
$
780,959
$
3,035,019
$
4,477,587
$
50,869,452
$
409,842
$
1,244,236
$
3,216,464
396
JOURNAL OF THE HOUSE,
Total
$ 224,350,740
$ 127,955,905
3. Rehabilitation Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ....................................................................,...$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................? Capital Outlay .................................................................................$ Postage..............................................................................................! Institutional Repairs and Maintenance.........................................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Special Purpose Contracts.............................................................! Purchase of Services Contracts.....................................................! Total Funds Budgeted............,.......................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
68,633,962 10,105,001
799,782 115,275 474,681 2,025,090 3,272,696 1,434,453 4,575,550 977,500
0 429,550
330,660 16,292,650
27,000 919,740 7,274,116 117,687,706 100,000 24,866,708
Rehabilitation Services Functional Budgets
Total Funds
State Funds
Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total
!
4,065,719
$
1,014,372
!
7,628,634
$
19,958,172
!
13,276,467
$
25,152,124
$
817,995
$
37,011,593
$
549,622
$
1,646,158
!
6,137,165
$
429,685
$ 117,687,706
!
1,247,032
!
858,947
$
1,301,761
$
5,320,902
$
769,159
$
0
$
0
!
7,678,215
!
344,622
$
779,220
!
6,137,165
!
429,685
$
24,866,708
4. Family and Children Services Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts................................................,.....! Utilities.............................................................................................!
14,740,527 1,517,281
409,604 0
56,117 15,781,856
242,803 1,296,064 5,729,970
9,373
FRIDAY, FEBRUARY 1, 1991
Cash Benefits................................... Grants to County DFACS -
Operations.................................... Service Benefits for Children........ Special Purpose Contracts ............. Purchase of Service Contracts...... Children's Trust Fund.................... Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................
Family and Children Services Functional Budgets
Total Funds
Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations -
Social Services County DFACS Operations -
Eligibility County DFACS Operations -
Joint and Administration County DFACS Operations -
Homemakers Services Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information
Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Program Support County DFACS Operations -
EmployabilityProgram Children's Trust Fund
Commission Total
1,398,919 354,526,410
100 10,051,000
64,675,020
98,700,599
47,942,446
7,292,940 2,512,000
826,383 4,640,828 4,012,183 4,843,975
18,657,187 2,839,327
0 2,971,311 1,976,046 26,346,790 3,255,404 1,374,279 4,613,880 23,747,656
145,000 728,205 1,306,602 3,306,919
3,427,138
1,307,130 697,425,677
Budget Unit Object Classes: Personal Services.....................
Regular Operating Expenses. Travel........................................
397
1,701,359 365,122,429
222,038,143 61,801,915 3,559,773 2,239,333 1,179,130 697,425,677 2,339,882 299,949,605
State Funds
0 136,438,948
100 0
14,900,685
49,369,189
23,703,226
7,292,940 0
826,383 3,781,535 4,012,183 2,326,336
7,603,587 2,839,327 (7,047,304) 1,465,696 1,976,046 18,768,142 2,806,000 1,179,601 3,373,991 16,415,983
145,000 728,205 1,284,147 3,150,292
1,302,237
1,307,130 299,949,605
201,151,765 74,945,794 4,134,519
398
JOURNAL OF THE HOUSE,
Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay.................................................................................! Grants for Regional
Intensive Infant Care..................................................................! Grants for Regional
Maternal and Infant Care..........................................................! Crippled Children Benefits............................................................! Crippled Children Clinics ..............................................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................! Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants................................................................................! Family Planning Benefits ..............................................................$ Grant-In-Aid to Counties...............................................................! Payments to DMA-Community Care...........................................$ Service Benefits for Children........................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Cash Benefits...................................................................................! Grants for County DFACS Operations....................................................................................! Institutional Repairs and Maintenance.........................................................................! Special Purpose Contracts.............................................................! Purchase of Service Contracts ......................................................$ Children's Trust Fund....................................................................!
B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions...............................................................!
Departmental Operations: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...........................................,...................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities.............................................................................................! Capital Outlay .................................................................................$ Authority Lease Rentals ................................................................$ Institutional Repairs and Maintenance.................................................................................! Grants to County-Owned Detention Centers.......................................................................! Substance Abuse Community Services...................................................................!
935,423 851,537 21,415,328 10,477,640 4,824,854 17,144,620 1,377,848 3,771,769
0
0
2,055,000 7,600,000
640,000 381,572 2,837,470
2,358,000 515,582
70,444,214 10,313,532 75,184,765 16,292,650
27,000 365,122,429
222,038,143
504,133 11,034,123 58,429,657 1,179,130
509,104,607
403,553,273 37,739,661
1,147,608 221,435
1,999,510 4,688,467 1,170,524 3,144,261 7,215,453 13,758,341
0 752,328
1,696,143
2,623,270
45,230,162
FRIDAY, FEBRUARY 1, 1991
399
Mental Retardation Community Services ...................................................................$
Mental Health Community Services ...................................................................$
Community Mental Health Center Services ............................................................................$
Special Purpose Contract...............................................................! Service Benefits for Children........................................................! Purchase of Service Contracts ......................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$
91,533,737
18,665,451
61,372,230 1,515,144 5,530,730 588,664
704,146,392 2,404,100
509,104,607
Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets
Total Funds
State Funds
Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Developmental Disabilities
Grant Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental
40,674,073 31,906,792
31,349,330
23,583,238
29,977,712
31,039,563 134,992,329
26,059,768
47,521,269
23,845,602 3,357,542
9,978,079
4,573,989
996,008
69,249,892 18,331,970
691,881 479,632 4,670,723
61,372,230 397,124
1,418,574
276,135 333,481
25,530,516 13,367,210
26,270,520
20,468,758
22,487,508
23,056,504 84,776,779
21,380,441
23,894,399
18,639,981 2,506,891
9,894,749
2,993,238
0
41,513,892 18,331,970
663,416 479,632 1,452,528
47,942,410 397,124
1,196,574
276,135 333,481
400
JOURNAL OF THE HOUSE,
Retardation Staff Community Mental Retardation
Residential Services Contract with Clayton County
Board of Education for Autistic Children MH/MR/SA Administration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/ Interstate Compact Assessment and Classification Youth Services Administration Total
3,894,902
16,883,037
75,773 10,613,365
19,743,383 11,009,395 7,686,147 4,114,135 4,067,116 13,777,481 2,858,865 1,021,787
721,783 7,022,791
730,450
452,891
2,396.155 704,146,392
Section 24. Department of Industry and Trade. Budget Unit: Department of Industry
andTrade.................................................................$ State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Local Welcome Center Contracts.................................................! Advertising and Cooperative
Advertising...................................................................................! Georgia Ports Authority
Authority Lease Rentals.............................................................! Historic Chattahoochee
Commission Contract..................................................................! Georgia Council for
International Visitors..................................................................! Waterway Development in
Georgia..........................................................................................! Georgia Music Week Promotion...................................................! Georgia World Congress Center
Operating Expenses ....................................................................$ Contract - Georgia Association
of Broadcasters............................................................................! Southern Center for
International Studies..................................................................! Capital Outlay .................................................................................$
3,894,902
16,883,037
75,773 7,316,607
19,253,383 10,621,542 7,610,704 3,989,412 3,622,388 13,777,481 2,858,865 1,021,787
721,783 6,022,791
730,450
452,891
2,396.155 509,104,607
16.843,826
7,766,090 1,381,906
332,191 0
31,572 114,640 646,358 210,500 259,613 230,300
4,814,110
1,785,000
84,600
23,500
47,000 33,250
0
49,820
23,500 0
FRIDAY, FEBRUARY 1, 1991
401
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
17,833,950 16,843,826
Department of Industry and Trade Functional Budgets
Total Funds
State Funds
Administration Economic Development Tourism Total
$
4,495,890
$
5,374,480
$
7,963.580
$
17,833,950
$
3,685,890
$
5,214,480
$
7,943.456
$
16,843,826
Section 25. Department of Insurance. Budget Unit: Department of Insurance.............................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Health Care Utilization Review....................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
13,144,242
11,398,681 563,961 551,170 96,000 78,208 480,405 529,664 249,625 51,600 0
13,999,314 13,144,242
Department of Insurance Functional Budgets
Total Funds
State Funds
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total
!
2,258,711
$
6,125,377
$
629,658
$
4,985,568
!
13,999,314
!
2,258,711
$
5,980,377
!
629,658
!
4,275,496
$
13,144,242
Section 26. Department of Labor. Budget Unit: Department of Labor....................................................! State Operations:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and
Contracts (JTPA) ........................................................................$ Per Diem, Fees and Contracts......................................................! W.I.N. Grants..................................................................................! Payments to State Treasury..........................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
7,384,046
62,795,725 5,381,433 1,021,174
0 458,221 3,566,198 1,243,596 1,415,647
64,634,911 1,787,506
0 1,774,078 1,143,000 145,221,489 7,384,046
402
JOURNAL OF THE HOUSE,
Department of Labor Functional Budgets
Total Funds
State Funds
Executive Offices Administrative Services Employment and Training
Services Total
5,652,020 18,332,034
121,237,435 145,221,489
$
898,387
2,896,554
3,589,105 7,384,046
Section 27. Department of Law. Budget Unit: Department of Law.......................................................$ Attorney General's Office Budget:
Personal Services.............................................................................$ Regular Operating Expenses .............................,...........................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................? Equipment........................................................................................! Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Books for State Library.................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
9,357,863
8,242,656 423,635 131,057 0 11,205 223,905 462,241 98,164 265,000 110,000
9,967,863 9,357,863
Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................? Departmental Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel..........................................................................:.....................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Medicaid Benefits, Penalties
and Disallowances.......................................................................? Payments to Counties for
Mental Health..............................................................................? Audit Contracts...............................................................................? SFY 1990 Benefits..........................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
702,612,021
12,961,147 524,904 122,670 0 45,678
14,951,850 935,973 389,377
42,137,563
1,879,475,958
33,630,480 772,500
14,711,896 2,000,659,996
702,612,021
Medical Assistance Functional Budgets
Total Funds
State Funds
Commissioner's Office Program Management Systems Management Administration Program Integrity Institutional Policy
and Reimbursement Benefits, Penalties
and Disallowances
7,396,561 37,416,763 17,259,661 2,823,843 4,569,984
?
3,374,850
?1,927,818.334
3,266,202 1,908,232 4,779,950
455,709 1,749,898
1,635,518
688,816,512
FRIDAY, FEBRUARY 1, 1991
403
Total
$2,000,659,996
702,612,021
B. Budget Unit: Indigent Trust Fund................................................$
35,512,616
Indigent Trust Fund Budget: Benefits..............................................................!
Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!
92,073.155 92,073,155 35,512,616
Section 29. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration ........................................................$
Departmental Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Health Insurance Payments..........................................................! Total Funds Budgeted....................................................................! Agency Assessments........................................................................! Employee and Employer Contributions...............................................................................! Deferred Compensation..................................................................! State Funds......................................................................................!
(8,235,205)
8,236,268 1,772,096
86,509 53,553 3,035,575 868,563 415,177 63,182,877 585,073,524 662,724,142 9,805,941
660,917,952 137,454
(8,235,205)
Merit System Functional Budgets
Total Funds
State Funds
Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Total
!
2,734,280
!
1,222,248
!
1,316,953
!
1,365,786
!
17,762,290
$ 634,224,055
$
2,555,587
!
1,542,943
$ 662,724,142
0 (8,235,205)
0 0 (8,235,205)
Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Land and Water Conservation
70,632,504
61,036,582 11,290,415
440,234 1,316,369 1,356,803
668,896 1,837,353 1,061,588 1,300,386
404
JOURNAL OF THE HOUSE,
Grants............................................................................................! Recreation Grants ...........................................................................$ Contract with U. S. Geological
Survey for Ground Water Resources Survey.........................................................................! Contract with U.S. Geological Survey for Topographic Maps...................................................$ Capital Outlay - Repairs and Maintenance.........................................................................! Capital Outlay - Shop Stock Parks .............................................................................................$ Capital Outlay-Heritage Trust......................................................$ Authority Lease Rentals ................................................................$ Cost of Material for Resale ...........................................................$ Payments to Lake Lanier Islands Development Authority..............................................................! Contract - Special Olympics, Inc..................................................................................................! Georgia Sports Hall of Fame.........................................................! Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition................................................................! Capital Outlay - User Fee Enhancements - Parks................................................................$ Capital Outlay - Buoy Maintenance.................................................................................! Capital Outlay - Consolidated Maintenance - Game and Fish..................................................! Technical Assistance Contract......................................................! Capital Outlay .................................................................................$ Contract - Georgia Rural Water Association........................................................................! Contract - Corps of Engineers (Cold Water Creek St. Park) .....................................................$ Advertising and Promotion.......................................,....................! Payments to Georgia Agricultural Exposition Authority ..................................................................$ Historic Preservation Grant ..........................................................$ Environmental Facilities Grant ....................................................$ Georgia Boxing Commission..........................................................! Lanier Regional Committee...........................................................! Georgia State Games Commission................................................! Paving at State Parks and Historic Sites................................................................................! Grant - Chehaw Park Authority...................................................! Grant - Zoo Atlanta........................................................................! Total Funds Budgeted....................................................................! Receipts from Jekyll Island State Park Authority ..................................................................$ Receipts from Stone Mountain Memorial Association .................................................................$ Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!
800,000 315,000
300,000
0
2,186,395
332,780 211,500 865,000 2,318,000
0
206,000 47,000
510,000
1,369,650
20,000
0 117,500 309,500
9,400
300,000 142,620
2,277,731 258,500
3,500,000 5,640 0
475,400
187,500 187,500
0 97,561,242
314,594
1,015,000 200,000
70,632,504
Department of Natural Resources Functional Budgets
Total Funds
State Funds
Internal Administration
$
8,364,784
$
5,886,221
FRIDAY, FEBRUARY 1, 1991
405
Game and Fish Parks, Recreation and
Historic Sites Environmental Protection Coastal Resources Total
$
26,705,001
$
36,392,857
$
24,332,398
$
1,766,202
$
97,561,242
$
22,655,775
$
19,885,582
$
20,528,724
$
1,676,202
$
70,632,504
B. Budget Unit: Georgia Agricultural Exposition Authority..............................................$
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
0
1,425,472 1,344,116
24,000 11,000 69,088 27,000
0 17,500 490,826
0 3,409,002
0
Functional Budget
Georgia Agricultural Exposition Authority
Total Funds
$
3,409,002
State Funds
$
0
Section 31. Department of Public Safety. A. Budget Unit: Department of Public
Safety........................................................................!
1. Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! State Patrol Posts Repairs and Maintenance.........................................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!
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 .................................................................................$
82,784,432
49,439,110 7,350,589
137,500 2,010,000
733,380 4,786,000
40,501 979,000 180,000
150,000 0
65,806,080 1,650,000
64,156,080
14,231,520 1,633,808
37,970 0
138,497 0
37,507 361,600 88,350 885,000
406
JOURNAL OF THE HOUSE,
Conviction Reports .........................................................................$ Driver License Processing ..............................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding...................................................$ State Funds Budgeted....................................................................!
232,500 981,600 18,628,352
0 18,628,352
Public Safety Functional Budgets
Total Funds
State Funds
Administration Driver Services Field Operations Total
17,624,091
$
18,628,352
48,181,989
84,434,432
15,974,091 18,628,352 48,181,989 82,784,432
B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
2. Office of Highway Safety Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment.................................................,......................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Highway Safety Grants..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
14,090,781
7,400,993 2,640,847
124,800 12,296 137,506 425,776 95,366 148,963 884,440 2,758,356
0 14,629,343 13,766,343
411,252 28,600 9,828
0 0 39,185 69,988 4,000 23,800 3.500,000 4,086,653 324,438
Attached Units Functional Budgets
Total Funds
State Funds
Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy Georgia Firefighters
Standards and Training Council Organized Crime Prevention Council
4,086,653 4,723,932 1,158,993 1,213,078
422,251 313,231
324,438 4,723,932 1,108,993 1,133,078
422,251 313,231
FRIDAY, FEBRUARY 1, 1991
407
Georgia Public Safety Training Facility
Total
$
6,797,858
$
18,715,996
$
6,064,858
$
14,090,781
Section 32. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System .................................................$
Departmental Operations Budget: Payments to Employees' Retirement System..................................................................$ Employer Contributions.................................................................? Cola-House Bill 738........................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
9,537,043
389,043 8,900,000
248,000 9,537,043 9,537,043
Section 33. Public Service Commission. Budget Unit: Public Service
Commission..............................................................? Departmental Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
7,490,073
6,605,523 406,348 214,381 47,958 92,699 303,673 309,828 120,716 912,325
9,013,451 7,490,073
Public Service Commission Functional Budgets
Total Funds
State Funds
Administration Transportation Utilities Total
1,710,472 3,176,177 4.126,802 9,013,451
1,710,472 1,811,243
3.968,358 7,490,073
Section 34. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction................................................? Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................?
Operating Expenses: Educ., Gen., and Dept. Svcs......................................................? Sponsored Operations.................................................................?
Special Funding Initiative.............................................................? Office of Minority
Business Enterprise.....................................................................? Special Desegregation Programs...................................................? Forestry Research............................................................................? Research Consortium......................................................................? Eminent Scholars Program............................................................? Capital Outlay.................................................................................?
760,257,799
821,291,627 111,964,506
220,796,895 125,000,000 11,250,000
334,043 362,495 283,880 96,000
0 20.035,106
408
JOURNAL OF THE HOUSE,
Total Funds Budgeted....................................................................$ Departmental Income.....................................................................$ Sponsored Income...........................................................................$ Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
1,311,414,552 32,195,185 236,964,506 278,969,762 3,027,300 760,257,799
B. Budget Unit: Regents Central Office and Other Organized Activities...................................................................!
Regents Central Office and Other Organized Activities Budget:
Personal Services: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations.................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs......................................................! Sponsored Operations.................................................................!
Fire Ant and Environmental Toxicology Research...................................................................!
Agricultural Research.....................................................................! Advanced Technology
Development Center...................................................................! Capitation Contracts for
Family Practice Residency.........................................................! Residency Capitation Grants.........................................................! Student Preceptorships..................................................................! Center for Rehabilitation
Technology...................................................................................! SREB Payments..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants.........................................................! Regents Scholarships......................................................................! Rental Payments to Georgia
Military College...........................................................................! CRT Inc. Contract at Georgia Tech
Research Institute.......................................................................! Direct Payments to the Georgia
Public Telecommunications Commission for Operations........................................................! Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted ....................................................................$
149,599,669
207,524,492 69,551,857
97,579,557 37,607,630
218,080 1,984,703
1,406,386
2,607,781 2,425,058
148,520
1,398,649 8,742,031
958,027 564,000 188,000
861,415
198,340
7,637.904 441,602,430
3,087,700 107,915,122 180,444,239
555,700 149,599,669
Regents Central Office and Other Organized Activities Functional Budgets
Total Funds
State Funds
Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute
1,721,972
3,691,331 1,431,905
126,215,095
1,184,539
1,504,907 981,178
13,003,069
FRIDAY, FEBRUARY 1, 1991
409
Education Extension Services
Agricultural Experiment Station
Cooperative Extension Service
Eugene Talmadge Memorial Hospital
Veterinary Medicine Experiment Station
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office Total
5,847,259 50,372,176
49,447,695 162,937,227
2,904,029 2,354,694 5,842,920 2,000,764 2,581,503 24.253.860 441,602,430
2,086,574 33,705,056 33,013,733 30,660,825 2,904,029
502,839 5,842,920
0 62,842 24,147,158 149,599,669
C. Budget Unit: Georgia Public Telecommunications Commission..............................................................!
Public Telecommunications Commission Budget:
Personal Services.............................................................................! Operating Expenses........................................................................! Total Funds Budgeted....................................................................! Other Funds.....................................................................................! State Funds Budgeted....................................................................!
6,059,354 7,663.636 13,722,990 13,722,990
0
Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Tax Officials/Retirement
and PICA ......................................................................................$ Grants to Counties/Appraisal
Staff...............................................................................................! Motor Vehicle Tags and Decals....................................................! Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!
74.299,477
47,873,522 4,057,203 1,410,700
114,200 510,825 8,855,547 3,731,465 1,073,738 279,910
3,358,285
1,430,000 2,443,822 3.005,260 78,144,477 3,845,000 74,299,477
Department of Revenue Functional Budgets
Total Funds
State Funds
Departmental Administration
6,821,332
6,821,332
410
JOURNAL OF THE HOUSE,
Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total
$
11,054,316
$
5,255,204
$
16,415,981
$
8,022,525
$
15,670,035
$
6,250,501
!
4,364,390
$
4,290,193
$
78,144,477
$
10,854,316
$
5,037,204
$
16,115,981
$
7,065,525
$
14,038,035
$
6,250,501
$
4,283,390
$
3,833,193
$
74,299,477
Section 36. Secretary of State. Budget Unit: Secretary of State..........................................................!
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
21,414,173 15,216,670 1,971,289
224,800 28,500 80,621 811,611 2,272,731 300,095 617,856 400,000 21,924,173 21,414,173
Secretary of State Functional Budgets
Total Funds
State Funds
Internal Administration Archives and Records Business Services and
Regulation Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission Occupational Certification Total
$
3,179,821
$
4,724,469
!
4,306,533
$
1,138,200
!
999,013
!
196,773
$
7,379,364
!
21,924,173
$
3,029,821
!
4,649,469
!
4,211,533
$
1,102,200
!
945,013
!
196,773
$
7,279,364
!
21,414,173
B. Budget Unit: Real Estate Commission .........................................$ Real Estate Commission Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
1,804,811
1,007,853 152,894 13,500 19,000 17,800 317,859 117,855 23,150 134,900
1,804,811 1,804,811
Real Estate Commission Functional Budget
Cost of
State Funds
Operations
Real Estate Commission
$
1,804,811
$
1,844,811
FRIDAY, FEBRUARY 1, 1991
411
Section 37. Soil and Water Conservation Commission.
Budget Unit: Soil and Water Conservation Commission......................................?
Soil and Water Conservation Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? County Conservation Grants.........................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
1,872,630
903,851 111,003 63,305 10,450 17,705
5,600 50,405 19,220 442,420 586,396 2,210,355 1,872,630
Section 38. Student Finance Commission. Budget Unit: Student Finance
Commission..............................................................! Administration Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases........................................................,......? Equipment........................................................................................? Computer Charges........................................................,..................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Payment of Interest and Fees.......................................................? Guaranteed Educational Loans.....................................................? Tuition Equalization Grants.........................................................? Student Incentive Grants...............................................................? Law Enforcement Personnel
Dependents' Grants....................................................................? North Georgia College
ROTC Grants...............................................................................? Osteopathic Medical Loans ...........................................................? Georgia Military Scholarship
Grants............................................................................................? Paul Douglas Teacher
Scholarship Loans.......................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
22,544,254
4,345,854 388,001 68,800 12,000 32,100 364,668 133,900 22,257 381,625
4,210,000 14,430,888 4,724,401
38,000
104,500 162,000
462,030
444,425 30,325,449 22,544,254
Georgia Student Finance Commission Functional Budgets
Total Funds
State Funds
Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Public Postsecondary
Education Commission Total
5,268,249
381,625
24,576,244
27 30,325,449
0
381,625
22,063,298
28 22,544,254
Section 39. Teachers' Retirement System.
412
JOURNAL OF THE HOUSE,
Budget Unit: Teachers' Retirement System ......................................................................$
Departmental Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Cost-of-Living Increases for Local Retirement System Members ....................................................$ Floor Fund for Local Retirement Systems ....................................................................$ Post Retirement Benefit Increases for Retirees..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
3,700,000
3,068,965 307,000 26,000 9,000
1,119,000 301,000 114,000 339,000
2,950,000
750,000
0 8,983,965 3,700,000
Section 40. Department of Technical and Adult Education.
Budget Unit: Department of Technical and Adult Education ..........................................$
Department of Technical and Adult Education Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment.... ....................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................$ Per Diem, Fees and Contracts ......................................................$ Personal Services-Institutions.......................................................$ Operating Expenses-Institutions..............................,....................$ Capital Outlay .................................................................................$ Quick Start Program ......................................................................$ Area School Program......................................................................$ Regents Program .............................................................................$ Adult Literacy Grants ....................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted...............................................,....................$
128,360,001
4,087,560 340,242 128,000 0 12,413 609,851 476,004 142,000
1,285,672 85,165,582 18,993,302
0 5,878,282 25,254,051 2,766,092 7,473,805 152,612,856 128,360,001
Functional Budgets
Total Funds
State Funds
Administration Institutional Programs Total
7,081,742 145,531.114 152,612,856
5,955,686 122,404,315 128,360,001
Section 41. Department of Transportation. Budget Unit: Department of
Transportation................................ For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance,
500,049,633
FRIDAY, FEBRUARY 1, 1991
413
and for other transportation activities. Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Grants to Counties..........................................................................! Grants to Municipalities................................................................!
Capital Outlay - Airport Approach Aid and Operational Improvements..............................................................................!
Capital Outlay - Airport Development................................................................................!
Mass Transit Grants.......................................................................!
Savannah Harbor Maintenance Payments......................................................................................!
Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction....................................................................!
G.O. Debt Sinking Fund................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
231,867,368 54,819,088 1,818,531
1,008,025 4,756,595 4,644,100 1,356,023 2,000,716 8,428,297 636,853,178 4,658,507 4,658,500
1,058,242
1,000,000 8,509,511
1,083,000
0 10.640,000 979,159,681 500,049,633
Department of Transportation Functional Budgets
Motor Fuel Tax Budget
Total Funds
State Funds
Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Paving at State and Local
Schools and State Institutions Total
694,181,944 228,966,161
8,444,767 4,658,507 22,504,214
234.226 958,989,819
! 236,074,966
! 217,499,581
!
7,807,732
!
4,658,507
!
21,959,214
!
234,226
! 488,234,226
General Funds Budget
Total Funds
State Funds
Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Total
!
4,658,500
0 1,714,577
12,713,785
1,083,000 20,169,862
!
4,658,500
0 1,214,577
4,859,330
1,083,000 11,815,407
Section 42. Department of Veterans Service. Budget Unit: Department of Veterans
Service...................................................
21,657,954
414
JOURNAL OF THE HOUSE,
Departmental Operations Budget: Personal Services............................ Regular Operating Expenses ........ Travel............................................... Motor Vehicle Purchases.............. Equipment....................................... Computer Charges.......................... Real Estate Rentals....................... Telecommunications...................... Per Diem, Fees and Contracts..... Capital Outlay................................ Operating Expense/Payments to Central State Hospital............... Operating Expense/Payments to Medical College of Georgia....... Regular Operating Expenses for Projects and Insurance........ Total Funds Budgeted................... State Funds Budgeted...................
4,724,940 115,252 65,456 0 9,420 13,812 226,748 52,000 20,100 0
15,301,261
5,894,509
207,580 26,631,078 21,657,954
Veterans Service Functional Budgets
Total Funds
State Funds
Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total
5,227,728
15,474,841
5,928,509 26,631,078
5,000,258
12,158,079
4,499,617 21,657,954
Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board ........................................................................$ Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Georgia Crime Victims Assistance
Program........................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
8,643.426
6,920,884 317,375 79,850 0 4,330 226,400 861,177 109,660 115,500
108,250 8,743,426 8,643,426
Section 44. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .................................................$ State of Georgia General Obligation Debt Sinking Fund (New).....................................................!
299.675,054 31,829.025
Section 45. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the
FRIDAY, FEBRUARY 1, 1991
415
Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 46. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contribu tions for judges and employees of the Court.
Section 47. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attor neys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 48. Provisions Relative to Section 6, Juvenile Courts. The appropriations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4.
Section 49. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 50. Provisions Relative to Section 8, Judicial Council. The appropriations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 51. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is desig nated and committed for youth programs and activities.
Section 52. Provisions Relative to Section 18, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,612.50 In addition, all local school system allot ments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 18, funds are designated and committed for the purpose of Special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1991.
From the Appropriations in Section 18, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds,
416
JOURNAL OF THE HOUSE,
approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SPY 1991 on the basis of one eighteenth of the total appropriation for each Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1991 that it contributed during SFY 1990.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information sys tem and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Section 53. Provisions Relative to Section 19, Employees Retirement System. The Employees Retirement System is authorized to increase the employer contribution rate by thirty-one one hundredths of one percent of salaries to fund the fol lowing: 1.) A special cost-of-living increase in retirement benefits, effective July 1, 1990, to partially offset the taxation of such benefits as provided by HB 1-EX enacted at the September 1989 Extraordinary Session of the General Assembly as authorized by HB 738 enacted at the 1990 Regular Session of the General Assembly. 2.) A one and one-half per cent cost-of-living increase effective July 1, 1990. 3.) A one and one-half percent cost-ofliving increase effective January 1, 1991.
Section 54. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:
Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11
Standards of Need
$ 235 356 424 500 573 621 672 713 751 804 860
Maximum Monthly Amount
$ 155 235 280 330 378 410 444 470 496 530 568
It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of each MH-MR-SA institution for fiscal year 1991 that was authorized in fiscal year 1987.
FRIDAY, FEBRUARY 1, 1991
417
Provided, that Central State Hospital is authorized to utilize surplus funds, not to exceed $497,500, for replacement of TV distribution lines in the Department of Veterans Service facilities, the Department of Corrections facilities and MH/MR facilities. Provided, that Southwestern State Hospital is authorized and directed to add six (6) HST positions to the Adult Mental Health Unit.
Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid dollars.
Section 55. Provisions Relative to Section 26, Department of Labor. The Department of Labor is authorized to transfer up to $1,774,078 of funds budgeted for State Treasury Payments to Personal Services for the purpose of supplanting Federal funds in order to avoid closing Department offices during regular work periods. The exer cise of this authority by the Department shall not be construed as a cancellation of obliga tion to make this or any future payments to the State Treasury.
Section 56. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $164.46 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1991 shall not exceed ten and one-half percent (10.50%).
Section 57. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri ated in Section 30 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30.
From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 30, the Department of Natural Resources is authorized to use the excess receipts to provide for the most immediate criti cal needs of the Parks, Recreation and Historic Sites Division to include repairs and main tenance of State Parks and Historic Sites facilities.
Provided that of the $275,000 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Planning Commissions which employ Preservation Planners as of July, 1990.
Section 58. Provisions Relative to Section 31, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instruc tors utilizing federal funds.
Provided, that of the appropriation relating to the Department of Public Safety, Bud get Unit "B", the Office of Planning and Budget is authorized and directed to transfer five training positions and operating costs associated with those positions from the Georgia Public Safety Training Center to the Georgia Police Academy.
Section 59. Provisions Relative to Section 34, Board of Regents, Univer sity System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing health bene fit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
418
JOURNAL OF THE HOUSE,
The Board of Regents is authorized to continue development of quality - added pro grams and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 60. Provisions Relative to Section 40, Department of Technical and Adult Education None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Technical and Adult Education.
Section 61. Provisions Relative to Section 41, Department of Transpor tation. For this and all future general appropriations acts, it is the intent of this Gen eral 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 budget ary 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 pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 41 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sep arately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department owned aircraft facilities may be retained for use in the department's aviation program.
It is the further intent of this General Assembly that of the $488,000,000 of motor fuel tax appropriated in this act, $40,000,000 is designated and committed for the Local Assist ance Road Program. It is the intent of this General Assembly that of the $488,000,000 of motor fuel tax appropriated in this act, $3,000,000 is authorized for initial design of a replacement of the Sidney Lanier Bridge in Glynn County, Georgia.
Provided that any bonds sold hereafter to finance any portion of the cost of extending Georgia 400 shall be state-guaranteed revenue bonds or G.O. bonds.
Section 62. In addition to all other appropriations for the State fiscal year ending June 30, 1991, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $8,520,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($8,400,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby
FRIDAY, FEBRUARY 1, 1991
419
authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 63. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 64. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 65. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 66. 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 effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncomplaince with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 67. 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 68. 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
420
JOURNAL OF THE HOUSE,
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 69. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 70. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Tele communications Network either directly or indirectly.
Section 71. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated 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 insuffi cient to make the required payments in full, there shall be taken from other funds appro priated 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 appro priations.
Section 72. (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 1990 Regular Session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatso ever 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 Represen tatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equip ment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropria tions shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the admin istration of the annual operating budget.
Section 73. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classifica tion 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.
FRIDAY, FEBRUARY 1, 1991
421
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 74. 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 75. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.
A.) Maturities not to exceed two hundred forty months.
Judicial Building Renovation
Construction of facilities of Incarceration in Mitchell, Lanier and Emanuel Counties
Replacement of central heating facility at Northwest Regional Hospital
Purchase of office building in Clayton County
Replacement of interest income budgeted for construction of facilities for use by the Department of Corrections
Georgia World Congress facility expansion
Acquisition of land at Georgia Southern University
Construction of a building at the Law School at the University of Georgia
Construction of developmental highways and four-lane/passing lane construction
Major market renovations for the Department of Agriculture
Regional Crime Lab in Moultrie
Design and engineering for Haralson County regional reservoir
Student Center at Southern Technical Institute
Continuing Education Center at Georgia Southern University
Library at DeKalb College
1,265,000 $
6,000,000
1,725,000 7,900,000
126,500
600,000
172,500 790,000
1,500,000 75,000,000
1,500,000
2,500,000
130,000,000 1,250,000 1,600,000
1,500,000 6,500,000
17,000,000 10,000,000
150,000 7,500,000
150,000
250,000
13,000,000 125,000 160,000
150,000 650,000
1,700,000 1,000,000
422
JOURNAL OF THE HOUSE,
Design a dormitory at Georgia Institute of Technology
Purchase of land and equipment for food and farm operations for the Department of Corrections
Acquisition and renovation of Brookwood Hall at Valdosta State College
1,000,000 4,000,000
900,000
100,000
400,000
90,000
B.) Maturities not to exceed sixty months.
Capital outlay and equipment for facilities at Institutes of Incarceration for the Department of Corrections
Equipment and capital construction for wildlife management and public fishing areas
17,795,000 1,450,000
4,359,775 355,250
Section 76. TOTAL STATE FUND APPROPRIATIONS THROUGH SECTION 75
State Fiscal Year 1991....................................................................... ..$ (including $35,512,616 in Indigent Trust Fund).
7,645,067,946
Section 77. In addition to the appropriation in Section 44 of this General Appropriations Act for State Fiscal Year 1990-1991, for "State of Georgia General Obliga tion Debt Sinking Fund (New)," the sum of $22,626,000 is appropriated to the State of Georgia General Obligation Debt Sinking Fund (New) from the mid-year adjustment reserve to permit the issuance of no more than $226,260,000 of general obligation debt. The particular maximum maturities, user agencies and user authorities, purposes, maxi mum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $5,800,000 is specifically appropriated for the pur pose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $58,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,500,000 is specifically appropriated for the State Board of Education for the purposes of financing educational facilities for county and independent school systems, and of financing certain public library facilities for county and independent school systems, counties, municipalities and boards of trustees of public library systems, including but not necessarily, for the unpaid-for portions of those certain projects of the systems which were funded by appropriations of the General Appropria tions Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $550,000 is specifically appropriated for the purpose of financing the construction of facilities for the Department of Natural Resources, by
FRIDAY, FEBRUARY 1, 1991
423
means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $900,000 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources by means of the acquisi tion, construction, development, extension, enlargement, and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the
General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $9,000,000 in principal amount of General Obliga
tion Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $1,260,000 is specifically appropriated for the pur pose of financing facilities for the Board of Regents of the University System of Georgia, by means of acquisition, construction, development, extension, enlargement and improve
ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, including but not necessarily, for the
unpaid-for portions of those certain projects of the Board which were funded by appropri ations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not com
pleted, through the issuance of not more than $12,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $140,000 is specifically appropriated for the purpose of financing facilities for the Department of Technical and Adult Education by means
of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, nec
essary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed,
through the issuance of not more than $1,400,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,750,000 is specifically appropriated for the pur
pose of financing a program of Developmental Highways and four-lane and passing-lane construction for the Department of Transportation, by means of the acquisition, construc
tion, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec
tion therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropri
ations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $47,500,000 in principal amount of General Obligation Debt, the instru
ments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $7,726,000 is specifically appropriated for the pur pose of financing educational facilities for county and independent school systems through
the State Board of Education, through the issuance of not more than $77,260,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not
in excess of two hundred forty months.
424
JOURNAL OF THE HOUSE,
Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 79. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 284, designating Representative Coleman of the 118th as Chairman thereof:
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 284 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Brown
Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E
Y Clark.H
Y Clark.L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G N Davis,M Y Dixon,H Y Dixon,S YDobbs Y Dover Y Dunn
Y Edwards Y EUiott Y Felton Y Fennel
FloydJ.M Y FloydJ.W YFlynt
E Godbee Y Golden
Y Goodwin Y Green
E Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton
YMann Y Martin
Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston
Y PowelLA Y Powell,C Y Purcell
Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith,L
Y Smith,P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Stephens Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker.L
YWall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 164, nays 1.
FRIDAY, FEBRUARY 1, 1991
425
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
By unanimous consent, HB 284, by substitute, was ordered immediately transmitted to the Senate.
Representative Stephens of the 68th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on Natu
ral Resources:
HB 419. By Representative Barnett of the 59th:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipalities, so as to provide for the regulation of solid waste collection or disposal ser vices when a county or municipality enters into or expands such services where such services are provided by certain private companies.
Under the general order of business, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 3. By Representative Childers of the 15th:
A bill to amend Code Section 43-11-73 of the Official Code of Georgia Anno tated, relating to renewal of licenses to practice dental hygiene, so as to pro vide for continuing education requirements.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to authorize the Georgia Board of Dentistry to require continuing education programs for persons licensed as dentists or dental hygienists; to provide for procedures; to require a minimum number of hours of continuing education; to provide for approval of certain courses and the exclusion of certain certification time; to provide for waivers; to provide for rules and regulations; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, is amended by adding after Code Section 43-11-46 a new Code section to read as follows:
"43-11-46.1 (a) The board shall be authorized to require persons seeking renewal of a dental license under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organiza tions and to designate the number of hours required and the category in which those hours should be earned.
(b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
426
JOURNAL OF THE HOUSE,
(c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
(d) This Code section shall apply to each licensing, certification, and renewal cycle which begins after the 1990-1991 renewal."
Section 2. Said chapter is further amended by adding after Code Section 43-11-73 a new Code section to read as follows:
"43-11-73.1. (a) The board shall be authorized to require persons seeking renewal of a dental hygienist license to complete board approved continuing education of 20 hours biennially. The board shall be authorized to approve courses offered by institu tions of higher learning and professional organizations. At least 15 hours of continuing education in each renewal cycle shall be scientifically based. Time required to obtain certification in cardiopulmonary resuscitation pursuant to subsection (b) of Code Section 43-11-73 shall not be includable as continuing education required by this subsection.
(b) The board shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
(c) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
(d) This Code section shall apply to each licensing, certification, and renewal cycle which begins after the 1990-1991 renewal."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 117, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 199. By Representatives Irwin of the 57th and Oliver of the 53rd:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to add to the Council of Juvenile Court Judges associate juvenile court judges; to change certain procedures regarding associate judges of the juvenile courts; to pro vide that associate juvenile court judges may perform marriage ceremonies.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 291. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th and Irwin of the 57th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to change the conditions under which volunteers of fire departments, law enforcement agencies, emer gency management or civil defense organizations, emergency medical services, or rescue organizations and persons certified as medical first responders may be covered employees.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 1, 1991
427
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom
Barfoot Bargeron Y Barnett,B Y Barnett,M Bates Y Beatty N Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck
Buckner YByrd Y Campbell Y Canty Y Carrell
Carter Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark,H
Y Clark,L Y Coker Y Coleman
Colwell
Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton
Fennel Floyd,J.M Y FloydJ.W Y Flynt E Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson
Y Irwin Y Jackson
Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane.D
Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long
YLord
Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C
Oliver ,M YOrr Y Orrock Y Padgett
Parham Parrish
Patten Y Pelote Y Perry Y Pettit N Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper Y Smith.L
On the passage of the Bill, the ayes were 147, nays 2. The Bill, having received the requisite constitutional majority, was
Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams,R
Y Yeargin Murphy.Spkr
Representative Pinholster of the 8th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HR 13. By Representative Lane of the 27th: A resolution creating the Green Walks Study Committee.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams
Aiken
Y Alford Y Atkins Y Baker
Y Balkcom Barfoot
Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch
Y Bordeaux Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty
Y Carrell
Carter Y Chafin Y Chambless
Cheeks Y Childers Y Clark,E Y Clark.H Y Clark,L
Y Coker Y Coleman
Colwell Y Connell Y Culbreth
Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd,J.M
Y Floyd.J.W Y Flynt
E Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin
Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y HarrisJ
428
JOURNAL OF THE HOUSE,
Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane,D
Y Lane.R Y Langford
Y Lawrence
Y Lawson
YLee Long
YLord Y Lucas Y Lupton
YMann Y Martin
YMcCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Parham
Parrish Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston
YPoag Y Porter Y Poston Y PowelU Y Powell.C
Y Purcell Y Randall YRay Y Reaves
Redding
Y Ricketson Y Royal
Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M
Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L YWall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HR 110. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A resolution urging the United States Department of the Interior, through the National Park Service rivers and trails conservation assistance program, to assist in the completion of a comprehensive assessment of Georgia's rivers.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams
Aiken
Y Alford Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett,M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell
Carter Y Chafm Y Chambless
Cheeks Y Childers Y Clark,E Y Clark.H Y Clark.L
Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Y Davis,G Y Davis,M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Y Felton Fennel Floyd,J.M
Y Floyd,J.W YFlynt E Godbee Y Golden Y Goodwin Y Green
E Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard
Y Henson Y Herbert Y Hightower
Y Holland Y Holmes
Howard
Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee Long
YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley
Y Stephens Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
FRIDAY, FEBRUARY 1, 1991
429
Y Titus YTolbert Y Townsend YTumquest
Twiggs Y Valenti Y Vaughan Y Walker,J
Y Walker.L Y Wall
Ware Y Watson
Y Watts White
Y Wilder Y Williams,B
Williams^! Y Williams.R Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 157, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HB 263. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of Georgia income taxation, so as to provide a credit against income taxes otherwise due to certain employers who provide certain basic skills education to certain employees.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to imposition, rate, and computation of Georgia income taxation, so as to provide a credit against income taxes otherwise due to certain employers who provide cer tain basic skills education to certain employees; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to imposition, rate, and computation of Georgia income taxation, is amended by adding immediately after Code Section 48-7-40 a new Code section 48-7-41 to read as follows:
"48-7-41. (a) As used in this Code section, the term: (1) 'Approved basic skills education' means employer provided or employer spon
sored education that meets the following conditions: (A) It enhances reading, writing, or mathematical skills up to and including the
twelfth-grade level for employees who are otherwise unable to function effectively on the job due to deficiencies in those areas or who would otherwise be displaced because such skill deficiencies would inhibit their training for new technology;
(B) It is approved and certified by the Department of Technical and Adult Edu cation; and
(C) The employer does not require the employee to make any payment for the education, either directly or indirectly through use of forfeiture of leave time, vaca tion time, or other compensable time. (2) 'Cost of education' means direct instructional costs as defined by the Depart ment of Technical and Adult Education including instructor salaries, materials, sup plies, and textbooks but specifically excluding costs associated with renting or otherwise securing space. (3) 'Employee' means any employee resident in this state who is employed for at least 24 hours a week, who has been continuously employed by the employer for at least 16 consecutive weeks. (4) 'Employer' means any employer upon whom an income tax is imposed by this chapter. (5) 'Employer provided' refers to approved basic skills education offered on the premises of the employer or on premises approved by the Department of Technical and Adult Education by instructors hired by or employed by an employer.
430
JOURNAL OF THE HOUSE,
(6) 'Employer sponsored' refers to a contractual arrangement with a school, univer sity, college, or other instructional facility which offers approved basic skills education that is paid for by the employer. (b) A tax credit shall be granted to an employer who provides or sponsors an approved basic skills education program. The amount of the tax credit shall be equal to one-third of the costs of education per full-time equivalent student, or $150.00 per full-time equivalent student, whichever is less, for each employee who has successfully completed an approved basic skills education program. No employer may receive a credit if the employer requires that the employee reimburse or pay the employer for the cost of education. (c) The tax credit granted to any employer pursuant to this Code section shall not exceed the amount of the taxpayer's income tax liability for the taxable year as com puted without regard to this Code section. (d) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the name of the employee, the course work successfully completed by such employee, the name of the approved basic skills education provider, and such other information as may be required by the department to ensure that credits are only granted to employers who provide or sponsor approved basic skills education pursuant to this Code section and that such credits are only granted to employers with respect to employees who successfully complete such approved basic skills education. The department shall adopt rules and regulations and forms to implement this credit program. The department is expressly authorized and directed to work with the Depart ment of Technical and Adult Education to ensure the proper granting of credits pursu ant to this Code section. (e) The Department of Technical and Adult Education is expressly authorized and directed to establish such standards as it deems necessary and convenient in approving employer provided and employer sponsored basic skills education programs. In establish ing such standards, the Department of Technical and Adult Education shall establish required hours of classroom instruction, required courses, certification of teachers or instructors, and progressive levels of instruction and standardized measures of employee evaluation to determine successful completion of a course of study."
Section 2. This Act shall become effective January 1, 1992, and shall apply with respect to taxable years beginning on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken Y Alford
Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield
YBirdsong Y Blitch
Y Bordeaux Y Bostick
Y Branch Y Breedlove
Y Brooks Brown
Y Brush Y Buck
Y Buckner Y Byrd Y Campbell Y Canty Y Carrell
Carter Y Chafin Y Chambless
Cheeks Y Childers
Y Clark,E Y Clark.H
Y Clark.L Y Coker
Y Coleman Colwell
Y Connell Y Culbreth
Y Cummings,B Y Cummings.M
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd,J.M
Y Floyd,J.W Y Flynt
E Godbee Y Golden
Y Goodwin Y Green
E Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson
Y Irwin Y Jackson
Y Jamieson Y Jenkins
Y Jones Y Kilgore
Y King Y Kingston Y Klein Y Ladd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee
Long Y Lord
Y Lucas Y Lupton
Y Mann Y Martin
FRIDAY, FEBRUARY 1, 1991
431
YMcCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Muelter Y Oliver.C Y 01iver,M YOrr
Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W YSmyre
YSnow Y Stancil,F Y Stancil.S
Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest
Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 154, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
The Speaker Pro Tern assumed the Chair.
HB 84. By Representatives Coleman of the 118th, Smyre of the 92nd and Parrish of the 109th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty Y Carrell
Carter
Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E
Y Clark,H Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis,M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover
Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Flynt E Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert Y Hightower Y Holland
Y Holmes Howard
Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Parham
Y Parrish Patten
Y Pelote Y Perry Y Pettit Y Pinholster
432
JOURNAL OF THE HOUSE,
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W
YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y WalkerJ
Y Walker,L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams,R
Y Yeargin Murphy ,Spkr
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was
HR 156. By Representatives Watts of the 41st and Murphy of the 18th: A resolution designating the Jimmy Lee Campbell Memorial Highway.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B Y Bamett,M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell
Carter Y Chafm Y Chambless
Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M
Y Davis.G Y Davis,M Y Dixon.H
Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd,J.M Y Floyd,J.W YFlynt E Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris,B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Holmes Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord
Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y 01iver,M Y Orr
Orrock Padgett Parham Y Parrish Patten Y Pelote Y Perry Y Pettit
Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell,A
Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend
Y Turnquest Twiggs
Y Valenti
Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,.] Y Williams,R Y Yeargin
Murphy .Spkr
On the adoption of the Resolution, the ayes were 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolution of the House was read and referred to the Committee on Rules:
FRIDAY, FEBRUARY 1, 1991
433
HR 187. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution declaring February 25, 1991, as Albany Day at the state capitol and inviting representatives of the City of Albany, Dougherty County, and the Albany Chamber of Commerce to appear before the House of Represen tatives.
The following Resolutions of the House were read and adopted:
HR 191. By Representative Herbert of the 76th: A resolution commending William "Bill" Westmoreland.
HR 192. By Representative Heard of the 43rd:
A resolution commending Jay Daniel, Valeric Ponder, and Christopher Stan ley.
HR 193. By Representative Long of the 142nd: A resolution commending the Cairo High School Syrupmaker Band.
HR 194. By Representative Barnett of the 59th: A resolution commending and congratulating Alice R. "Nell" Smith.
HR 195. By Representative Hamilton of the 124th: A resolution commending Reverend L. J. Chambliss.
HR 196. By Representative Dover of the llth: A resolution commending and recognizing Mr. J. Marion Brantley.
HR 197. By Representatives Tolbert of the 58th, Valenti of the 52nd, Redding of the 50th, Williams of the 48th, Thomas of the 55th and others:
A resolution commending Mr. Ernest S. Whaley.
HR 198. By Representatives Clark of the 20th (Post 3), Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st, Coker of the 21st and others:
A resolution commending Michelle Marie Morgan.
HR 199. By Representatives McKelvey of the 15th and Childers of the 15th:
A resolution commending and recognizing the Pepperell High School Dragons football team.
HR 200. By Representatives Jenkins of the 80th, Walker of the 113th, Ray of the 98th, Streat of the 139th and Thomas of the 55th:
A resolution recognizing and commending the Association County Commis sioners of Georgia on the occasion of their Fourth Annual Legislative Day.
434
JOURNAL OF THE HOUSE,
HR 201. By Representatives Beatty of the 12th, Jamieson of the llth and Dover of the llth:
A resolution expressing support for the men and women of Banks County serving in Operation Desert Storm.
HR 202. By Representative Beatty of the 12th:
A resolution expressing support for the men and women of Jackson County serving in Operation Desert Storm.
HR 203. By Representative Poston of the 2nd: A resolution commending Boynton Elementary School.
HR 204. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution expressing sympathy at the passing of Edmund Alderman Landau, Jr.
HR 205. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution commending the Albany Dixie All-Stars Little League baseball team.
HR 206. By Representatives Barnett of the 59th, Goodwin of the 63rd, Morsberger of the 62nd, Wall of the 61st, Mobley of the 64th and others:
A resolution commending Jeffrey L. White.
HR 207. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution commending Mr. Harold Nichols.
HR 208. By Representatives Alford of the 57th and Irwin of the 57th:
A resolution congratulating Mr. and Mrs. Jack Turner on the event of their 50th Wedding Anniversary.
The following communication from the Secretary of State was received:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 878 through 917, who have registered in the Docket of Legislative Appearance as of February 1, 1991, 2:30 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 1st day of February, in the year of our Lord One Thousand Nine Hundred and Ninety-One and of the Independence of the United States of America the Two Hundred and Fifteenth.
FRIDAY, FEBRUARY 1, 1991
435
(SEAL)
878. William B. Hankinson, III Georgia Friends of Midwives 172 Powell Street S.E. Atlanta, Georgia 30316
879. Nadine Lawson Georgia Healthcare Assn. 1422 Sandy Lane Decatur, Georgia 30032
880. Brooke Doan Georgia National Association for Women Georgia Privacy Coalition 2121 Buckley Trail Snellville, Georgia 30278
881. Leigh Anne Griggers Georgia League of Women Voters 1995 Azalea Circle Decatur, Georgia 30033
882. Walter J. Cleveland, Jr. Communication Workers of America 5064 Singleton Rd. Norcross, Georgia 30093
883. Gerald H. Lynch Communications Workers of America, Local 3263 5064 Singleton Rd. Norcross, Georgia 30093
884. Danny A. Toth Georgia Pharmaceutical Assn. P. O. Box 972 LaGrange, Georgia 30241
885. Richard B. Smith Georgia Pharmaceutical Assn. 1143 Alpharetta Street Roswell, Georgia 30075
886. Karen L. McLoughlin Turner Broadcasting System, Inc. Atlanta Coliseum, Inc. Seats, Inc. The Omni Promotions Management Company 127 Peachtree Street, N.E. Atlanta, Georgia 30303
/s/ Max Cleland Secretary of State
887. Norman Underwood Turner Broadcasting System, Inc. 1400 Candler Bldg. Atlanta, Georgia 30043
888. Laura L. Taylor Turner Broadcasting System, Inc. 127 Peachtee Street N.E. Suite 1400 Atlanta, Georgia 30303
889. William R. McBroom McBroom & Associates 190 Grandchester Way Fayetteville, Georgia 30214
890. Larry G. Landers Georgia Manufactured Housing Association 1000 Circle 75 Parkway Suite 060 Atlanta, Georgia 30039
891. Lou B. Holdsworth Walton High School Mt. Bethel Elementary School Dickerson Middle School PTSA 1617 Bryn Mawr Circle Marietta, Georgia 30068
892. Tony Hightower Georgia Lottery Association Inc. 2720 Lochraven Court Suite 1 Snellville, Georgia 30278
893. Dallas F. Whaley Towing and Recovery Association of Georgia Georgia Professional Towing and Recovery Association 3580 Yarmouth Hill Lawrenceville, Georgia 30244
894. Patricia F. Carriere Right to Bite Coalition 3627 LaVista Road Decatur, Georgia 30033
895. James Howard A.F.S.C.M.E. AFL-CIO 75 Piedmont Avenue N.E. # 342 Atlanta, Georgia 30303
436
JOURNAL OF THE HOUSE,
896. Stan Jones Kaiser Foundation Health Plan of Georgia, Inc. SE Permanente Medical Group Healthmaster, Inc. 285 Peachtree Center Ave. NW Atlanta, Georgia 30303-1257
897. Richard H. Stancil Cauthorn and Phillips 100 Galleria Parkway Suite 1500 Atlanta, Georgia 30339
898. Angie Daniels Southeast Toyota Distributors World Omni Financial North Georgia Apple Growers Northside Hospital Motorcycle Industry Council 2 Peachtree Street Suite 1800 Atlanta, Georgia 30383
899. Adele Cohen Atlanta Healthcare Alliance 1575 Northside Drive 200 ATC Suite 250 Atlanta, Georgia 30318
900. Thomas D. Walker The Chevron Companies 575 Market Street San Francisco, CA 94105
901. Jimmy Yearwood United Transportation Union 460 South Main Street Dallas, Georgia 30132
902. Andrew G. Martinez Nationwide Insurance Companies 1311 Executive Center Drive Suite 121 Tallahassee, FL 32301
903. Gary C. Humphrey Towing and Recovery Association of Georgia 2935 Moreland Avenue Conley, Georgia 30027
904. John Wilhelm Georgia Association of Media Representatives 6051 Millstone Run Stone Mountain, GA 30087
905. Les Schneider Thompson, Gann & Hutson Georgia Amusement & Education Committee 969 Castle Falls Drive NE Atlanta, Georgia 30329
906. Betty S. Leathers State Farm Agents Assoc. Agents Political Action Committee P. 0. Box 33129 Decatur, Georgia 30033
907. Ronnie Simmons State Farm Agent Assoc. Agents Political Action Committee P. 0. Box 339 Stockbridge, Georgia 30281
908. Jack H. Smith, III Georgians for Horse Racing P. 0. Box 52903 Atlanta, Georgia 30355
909. Michael Streetman Georgia Oilman's Association 148 State Street Macon, Georgia 31206
910. Rosalie Fitzpatrick Atlanta Chamber of Commerce 235 International Blvd., NW Atlanta, Georgia 30303
911. Roger J. Trueba, Jr. Georgia State University Student Government Assn. University Plaza Suite 456 Atlanta, Georgia 30269
912. Diane Woods Cauthorn & Phillips Junior Leagues of Georgia Junior Leagues of Cobb-Marietta Cauthorn & Phillips Ste 1500 100 Galleria Parkway Atlanta, Georgia 30339
913. Frank Weltz Shell Oil Company Shell Chemical Company One Shell Square P. 0. Box 60193 New Orleans, LA 70160
FRIDAY, FEBRUARY 1, 1991
437
914. James T. Roberts Strebor, Inc. 24 Ollie Street Atlanta, Georgia 30314
915. William H. Lee Abate of Georgia Law Firm of William H. Lee C. M. Lee Company, Inc. 142 S. Par Square Marietta, Georgia 30080
916. Jonathan B. Dodd City of Atlanta 55 Trinity Avenue Atlanta, Georgia 30335
917. Karen N. Agan Nalley Chevrolet 2555 Stewart SW Atlanta, Georgia 30315
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, Monday morning and the motion prevailed.
The Speaker Pro Tem announced the House adjourned until 10:00 o'clock, Monday morning.
438
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Monday, February 4, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll call was called and the following Representatives answered to their names:
Adams Aiken Alford Atkins Baker Balkcom Barfoot Bargeron Barnett,B Barnett,M Bates Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove Brooks
Brown Brush Buck Buckner
Byrd , ,, Campbell
CS Chambless Cheeks
Childers
Clark.E
Clark.H
Clark.L Coker Coleman Colwell Connell Culbreth Cummings.B Davis.G Davis.M Dixon.H Dixon,S Dobbs Dover Dunn Edwards Elliott Felton Fennel Floyd,J.M Floyd,J.W
Flynt Godbee Golden Goodwin
Green Greene
G"er Hamilton Hammond
Harris.B
Harris.J
Heard
Henson Herbert Hightower Holland Holmes Howard Hudson Irwin Jackson Jamieson Jenkins Jones Kilgore King Kingston Klein Ladd Lane,D Langford Lawrence
Lawson Lee Long Lord
Mann McC
McKeivey McS"ney^ McKmney.C
Meadows
Merritt
Milam
Mills Mobley Moody Morsberger Mueller Oliver.C Oliver.M Orr Padgett Parham Parrish Patten Pelote Perry Pettit Poag Porter Poston Powell.A Powell.C
Purcell Ray Reaves Ricketson
Royal Selman
?!- -"IT,", Smkfield
Skipper
Smith.L
Smith,?
Smith.T Smith.W Snow Stancil.F Stancil.S Stanley Stephens Streat Taylor Teper Thomas.C Thomas.M Thomas.N Thurmond Titus Tolbert Turnquest Twiggs Valenti Vaughan
Walker.J Walker.L Wall Watson
Watts wh(te
*!" _ w' p"TM'? W,ll,ams,J
Williams.R
Yeargin
Murphy.Spkr
Prayer was offered by the Reverend Thomas E. Atkins, Jr., Pastor, First United Methodist Church, Monroe, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
MONDAY, FEBRUARY 4, 1991
439
5. Third reading and passage of Local uncontested Bills.
6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 486. By Representative Redding of the 50th:
A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to change a defi nition; to provide that a motor vehicle must actually be in the physical pos session of a pawnbroker before a fee may be charged.
Referred to the Committee on Special Judiciary.
HB 487. By Representatives Holland of the 136th, Royal of the 144th, Hudson of the 117th and Poston of the 2nd:
A bill to amend Code Section 42-4-31 of the Official Code of Georgia Anno tated, relating to safety measures required of persons in charge of certain detention facilities, so as to provide that county and municipal detention facilities with 25 or fewer inmates shall be authorized to utilize a full-time dispatcher as a full-time jailer under certain conditions.
Referred to the Committee on State Institutions & Property.
HB 488. By Representatives Holland of the 136th, Royal of the 144th and Lane of the 27th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Community Affairs, so as to provide for development of facilities to encourage economic and civic development in less developed counties.
Referred to the Committee on State Planning & Community Affairs.
HB 489. By Representatives Holland of the 136th and Royal of the 144th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions, therefrom, so as to provide tax credits for cer tain businesses in certain counties.
Referred to the Committee on Ways & Means.
HB 490. By Representatives Griffin of the 6th, Mann of the 6th and Poag of the 3rd:
A bill to provide for shortening the terms of office and for the election of members of the Board of Education of Whitfield County.
Referred to the Committee on State Planning & Community Affairs - Local.
440
JOURNAL OF THE HOUSE,
HB 491. By Representatives McKinney of the 40th, Martin of the 26th, Orrock of the 30th, Brooks of the 34th, Townsend of the 24th and others:
A bill to amend Code Section 15-11-37 of the Official Code of Georgia Anno tated, relating to designated felony acts by juveniles, so as to change the def inition of "designated felony act"; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change provi sions relating to sodomy and aggravated sodomy.
Referred to the Committee on Special Judiciary.
HB 492. By Representative Lawson of the 9th:
A bill to amend Article 2 of Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to copies of writings as evidence, so as to provide for the admissibility into evidence of certain noneraseable optical image reproductions.
Referred to the Committee on Judiciary.
HB 493. By Representatives Watts of the 41st, Murphy of the 18th and Cummings of the 17th:
A bill to provide for an additional assistant district attorney for the Tallapoosa Judicial Circuit and provide for appointment, qualifications, employment status, duties, compensation, and expenses of such office.
Referred to the Committee on Judiciary.
HB 494. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Code Section 40-3-36 of the Official Code of Georgia Anno tated, relating to cancellation of a certificate of title and salvage certificates of title, so as to provide that an insurance company may not pay and an owner may not receive payment of a total loss settlement for a vehicle which has extensive damage until the title for such vehicle is submitted to the com missioner of revenue for cancellation or for issuance of a salvage title.
Referred to the Committee on Insurance.
HB 495. By Representatives King of the 72nd, Chafin of the 72nd, Buckner of the 72nd, Benefield of the 72nd and Lee of the 72nd:
A bill to amend Code Section 17-6-15 of the Official Code of Georgia Anno tated, relating to commitments where bail is tendered and accepted and opportunity to give bail, so as to provide that where bail is tendered and accepted, a commitment hearing shall not be held.
Referred to the Committee on Judiciary.
HB 496. By Representatives King of the 72nd, Chafin of the 72nd, Buckner of the 72nd, Benefield of the 72nd and Lee of the 72nd:
A bill to amend Code Section 17-7-70 of the Official Code of Georgia Anno tated, relating to trial upon accusations in felony cases where the defendant has waived indictment by grand jury, so as to provide for trial upon accusa tions in all felony cases except capital felonies without the necessity of waiv ing indictment by grand jury.
Referred to the Committee on Judiciary.
MONDAY, FEBRUARY 4, 1991
441
HB 497. By Representatives Hammond of the 20th, Atkins of the 21st, Coker of the 21st, Mills of the 20th, Clark of the 20th (Post 4) and others:
A bill to amend an Act creating a board of commissioners for Cobb County, as amended, so as to change the provisions relative to the compensation of the chairman and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 498. By Representatives Tolbert of the 58th and Lawrence of the 49th:
A bill to amend Code Section 36-82-1 of the Official Code of Georgia Anno tated, relating to the procedure to authorize incurring bonded indebtedness, so as to change the provisions relating to the dates of bond elections within certain counties.
Referred to the Committee on Governmental Affairs.
HB 499. By Representatives Tolbert of the 58th, Stancil of the 8th, Lawrence of the 49th and Mann of the 6th:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, municipalities, and other political subdivisions, so as to require independent appraisals as a necessary condition for the purchase of real property by political subdivisions and certain public authorities.
Referred to the Committee on State Planning & Community Affairs.
HB 500. By Representative Tolbert of the 58th:
A bill to amend Code Section 21-2-139 of the Official Code of Georgia Anno tated, relating to the authority of the General Assembly to provide by local law for the nonpartisan nomination and election of certain officials who are elected by the qualified voters of their respective counties, so as to include additional county officers within such authority.
Referred to the Committee on Governmental Affairs.
HB 501. By Representatives Lord of the 107th and Parrish of the 109th:
A bill to amend Article 5 of Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Sheriffs' Retirement Fund of Georgia, so as to provide that any member who was appointed to fill an anticipated vacancy in the office of sheriff shall be eligible for prior service credit for such service.
Referred to the Committee on Retirement.
HB 502. By Representatives Dixon of the 128th, Mueller of the 126th, Aiken of the 21st and Bostick of the 138th:
A bill to amend Code Section 42-5-2 of the Official Code of Georgia Anno tated, relating to responsibilities and obligations of governmental units with custody of inmates generally, so as to define municipal prisoner for purposes of the responsibilities and obligations of a municipality with custody of such prisoners.
Referred to the Committee on State Institutions & Property.
442
JOURNAL OF THE HOUSE,
HB 503. By Representative Kingston of the 125th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the "Tax Deferral for the Elderly Act," so as to provide for an alternative tax deferral for the elderly in all counties of this state having a population of 200,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to the Committee on Ways & Means.
HB 504. By Representative Kingston of the 125th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the "Tax Deferral for the Elderly Act," so as to repeal Code Section 48-5-72.1, relating to an alternative method of tax deferral applicable to certain residents of any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to the Committee on Ways & Means.
HB 505. By Representative Kingston of the 125th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the "Tax Deferral for the Elderly Act," so as to repeal Code Section 48-5-72.1, relating to an alternative method of tax deferral applicable to certain residents of any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to the Committee on Ways & Means.
HB 506. By Representative Kingston of the 125th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the "Tax Deferral for the Elderly Act," so as to change the amount of certain ad valorem property tax which may be deferred.
Referred to the Committee on Ways & Means.
HB 507. By Representative Kingston of the 125th:
A bill to amend Part 2 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, known as the "Tax Deferral for the Elderly Act," so as to change the amount of certain ad valorem property tax which may be deferred.
Referred to the Committee on Ways & Means.
HB 510. By Representatives Orrock of the 30th, Abernathy of the 39th, Herbert of the 76th, Oliver of the 53rd, McKelvey of the 15th and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to require employers to grant employ ees a period of leave for certain family or medical purposes.
Referred to the Committee on Industry.
MONDAY, FEBRUARY 4, 1991
443
HB 511. By Representatives Hammond of the 20th, Oliver of the 53rd, Mills of the 20th, Chambless of the 133rd, Redding of the 50th and others:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to prohibit the intentional smelling or inhalation of butane for certain purposes; to prohibit the inten tional possession, purchase, sale, transfer, or receipt of butane for certain purposes.
Referred to the Committee on Judiciary.
HB 512. By Representative Poston of the 2nd:
A bill to amend Code Section 20-2-151 of the Official Code of Georgia Anno tated, relating to general and career education programs, so as to provide for a 1 to 25 teacher-student ratio for all high school laboratory courses.
Referred to the Committee on Education.
HB 513. By Representative Poston of the 2nd:
A bill to amend Code Section 20-2-133 of the Official Code of Georgia Anno tated, relating to free public instruction, so as to provide that a local school system may charge resident students a fee for supplies.
Referred to the Committee on Education.
HB 514. By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to provide accounting methods to be used by gas utilities in rate-making proceedings.
Referred to the Committee on Industry.
HB 515. By Representatives Clark of the 20th (Post 3), Thurmond of the 67th and Pinholster of the 8th:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Student Finance Authority Act," so as to provide for a new full-tuition scholarship program for certain students who attend state institutions of higher education.
Referred to the Committee on University System of Georgia.
HB 516. By Representative Holmes of the 28th:
A bill to provide for an additional judge of the superior court of the Atlanta Judicial Circuit.
Referred to the Committee on Judiciary.
HB 517. By Representative Holmes of the 28th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Corrections, so as to establish a mandatory literacy program for certain inmates; to create the Correctional Education School Authority and provide for its powers, duties, and responsi bilities.
Referred to the Committee on State Institutions & Property.
444
JOURNAL OF THE HOUSE,
HB 518. By Representative Holmes of the 28th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, as amended, so as to add provisions with respect to the creation of certain zones for residential purposes.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 519. By Representative Holmes of the 28th:
A bill to amend Code Section 15-11-41 of the Official Code of Georgia Anno tated, as enacted by an Act approved April 16, 1990, relating to limitations of time on orders of disposition committing a delinquent or unruly child to the Division of Youth Services, so as to provide for additional periodic reviews.
Referred to the Committee on Human Relations & Aging.
HB 520. By Representative Holmes of the 28th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, relating to death investigations, so as to change certain definitions; to provide for an additional circumstance requiring notification of a coroner or medical examiner with respect to the death of a person.
Referred to the Committee on Judiciary.
HB 521. By Representative Holmes of the 28th:
A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, so as to provide that such article shall apply to all elected public officers.
Referred to the Committee on Governmental Affairs.
HB 522. By Representatives Orrock of the 30th and Hamilton of the 124th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Anno tated, relating to access to and use of public facilities by physically handi capped persons, so as to change the definition of a certain term.
Referred to the Committee on State Institutions & Property.
HB 523. By Representative Poston of the 2nd:
A bill to amend Code Section 20-2-154 of the Official Code of Georgia Anno tated, relating to the remedial education program, so as to extend the reme dial education program to include grades six through eight.
Referred to the Committee on Education.
HB 524. By Representative Murphy of the 18th:
A bill to amend an Act reincorporating the City of Tallapoosa in the County of Haralson, as amended, so as to change provisions relating to the tenure of office and removal from office of the City Manager of the City of Tallapoosa.
Referred to the Committee on State Planning & Community Affairs - Local.
MONDAY, FEBRUARY 4, 1991
445
HR 188. By Representative Kingston of the 125th:
A resolution proposing an amendment to the Constitution so as to provide that real property and interests therein shall be appraised for ad valorem taxation purposes at their fair market value as of the date of the owner's acquisition thereof and to provide for implementation by law.
Referred to the Committee on Ways & Means.
HR 189. By Representatives Valenti of the 52nd, Childers of the 15th and Chambless of the 133rd:
A resolution urging the members of the Georgia congressional delegation to take certain actions to improve and enhance the Medicaid program.
Referred to the Committee on Health & Ecology.
HR 190. By Representatives Holland of the 136th, Teper of the 46th, Poston of the 2nd, Walker of the 115th, Oliver of the 53rd and others:
A resolution creating the Joint Children's Poison Protection Study Commit tee.
Referred to the Committee on Rules.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the com mittees:
HB 525. By Representatives Benefield of the 72nd, Lee of the 72nd, Birdsong of the 104th, Yeargin of the 14th, Jackson of the 9th and others:
A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to enact the "Georgia Airport Development Authority Law".
Referred to the Committee on State Planning & Community Affairs.
HB 526. By Representatives Aiken of the 21st, Vaughan of the 20th and Coker of the 21st:
A bill to amend Article 2 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to traffic signs, signals, and markings, so as to provide that it shall be unlawful for any person to place or install any blue retroreflective raised pavement marker on any public highway, road, or street.
Referred to the Committee on Transportation.
HB 527. By Representatives Wilder of the 21st, Clark of the 20th (Post 3), Aiken of the 21st, McKinney of the 35th, Williams of the 48th and others:
A bill to amend Code Section 17-10-15 of the Official Code of Georgia Anno tated, relating to HIV testing of persons who commit AIDS transmitting crimes, so as to require those tests upon indictment for such crimes; to remove the discretion to order such tests; to permit the submission to such tests and infection with HIV to be considered in bail decisions; to require disclosures to victims of certain such crimes.
Referred to the Committee on Health & Ecology.
446
JOURNAL OF THE HOUSE,
HB 528. By Representatives Dobbs of the 74th, Walker of the 115th, Watson of the 114th, Alford of the 57th, Colwell of the 4th and others:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials.
Referred to the Committee on Judiciary.
HB 529. By Representatives Oliver of the 53rd and Irwin of the 57th:
A bill to amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the pro bate courts, so as to provide that the clerks of the probate courts or the pro bate judges acting as clerks shall be authorized to consolidate or combine books, dockets, and indices.
Referred to the Committee on Judiciary.
HB 530. By Representatives Stancil of the 8th, Pinholster of the 8th, Brush of the 83rd, Campbell of the 23rd, Greene of the 130th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for the identification of persons convicted of driving under the influence of alcohol or drugs by means of marked drivers' licenses and bumper stickers.
Referred to the Committee on Motor Vehicles.
HB 531. By Representatives Jenkins of the 80th, Twiggs of the 4th, Barnett of the 10th, Ray of the 98th, Walker of the 113th and others:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide for the disposition of certain personal property in the custody of law enforce ment agencies.
Referred to the Committee on Public Safety.
HB 532. By Representatives Holland of the 136th and Hanner of the 131st:
A bill to repeal an Act to provide for a board of elections in each county of this state having a population of not less than 11,675 nor more than 11,725 according to the United States decennial census of 1980 or any future such census.
Referred to the Committee on Governmental Affairs.
HB 533. By Representative Holland of the 136th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation group self-insurance funds, so as to expand the definition of the term "county" to include a con solidated city-county government and certain authorities, commissions, and boards.
Referred to the Committee on Industrial Relations.
MONDAY, FEBRUARY 4, 1991
447
HB 534. By Representatives Wall of the 61st, Orr of the 9th, Lawson of the 9th, Jackson of the 9th, Breedlove of the 60th and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of superior court judges for each judicial cir cuit, so as to create a new sixth judgeship for the Gwinnett Judicial Circuit.
Referred to the Committee on Judiciary.
HB 535. By Representatives Wilder of the 21st, Clark of the 20th (Post 3), Aiken of the 21st, Mueller of the 126th, McKinney of the 35th and others:
A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Anno tated, relating to the use of speed detection devices, so as to change certain restrictions on the use of speed detection devices in counties with a popula tion of 200,000 or more or cities wholly or partially located in such counties.
Referred to the Committee on Public Safety.
HB 536. By Representative Purcell of the 129th:
A bill to amend an Act creating the State Court of Effingham County, as amended, so as to change the salary of the judge and solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 537. By Representatives Jenkins of the 80th, Moultrie of the 93rd, Walker of the 113th, Martin of the 26th and Ray of the 98th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Anno tated, relating to costs in the probate courts, so as to change the court costs for certain services.
Referred to the Committee on Special Judiciary.
HB 538. By Representatives Thomas of the 31st, Sinkfield of the 37th, Oliver of the 53rd, Williams of the 48th, Turnquest of the 56th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require individual and group accident and sickness insurance coverage of mammograms and Pap smears.
Referred to the Committee on Insurance.
HB 539. By Representatives Martin of the 26th and Randall of the 101st:
A bill to amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage and general provisions of the laws relating to marriage, so as to provide for evidence necessary to prove the existence of a common-law marriage.
Referred to the Committee on Special Judiciary.
HB 540. By Representatives Martin of the 26th and Randall of the 101st:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Anno tated, relating to year's support, so as to change the provisions relating to what may be considered in determining the amount to be set apart as year's support.
Referred to the Committee on Special Judiciary.
448
JOURNAL OF THE HOUSE,
HB 541. By Representatives Martin of the 26th and Randall of the 101st:
A bill to amend Code Section 53-5-2 of the Official Code of Georgia Anno tated, relating to year's support of the family, so as to delete certain provi sions relating to setting apart household furniture and the minimum amount to be set aside.
Referred to the Committee on Special Judiciary.
HR 209. By Representative Orr of the 9th:
A resolution proposing an amendment to the Constitution so as to limit per sons serving in the office of Lieutenant Governor to two consecutive fouryear terms of office.
Referred to the Committee on Governmental Affairs.
HR 210. By Representatives Tolbert of the 58th, Alford of the 57th, Lawrence of the 49th, Teper of the 46th, Turnquest of the 56th and others:
A resolution creating the DeKalb County Homestead Exemptions Study Committee.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 211. By Representatives Stanley of the 33rd, Lord of the 107th, Lucas of the 102nd, Thomas of the 31st, Holmes of the 28th and others:
A resolution creating the House Military Support and Assistance Study Com mittee.
Referred to the Committee on Rules.
HR 212. By Representative Wilder of the 21st:
A resolution urging health insurance coverage of experimental prescription drugs.
Referred to the Committee on Insurance.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 464 HB 465 HB 466 HB 467 HB 468 HB 469 HB 470 HB 471 HB 472 HB 473
474
HB 475 HB 476
HB 477 HB 478
HB 479 HB 480
HB 481 HB 482 HB 483 HB 484 HB 485 HB 508 HB
* oq
HR0 184 SB 4 SB 26 SB 41 SB 46 SB 53 SB 55 SB 56
MONDAY, FEBRUARY 4, 1991
449
SB 58 SB 62 SB 82
SB 96
SB 98 SB 99 SR 15
SR 25
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 462 Do Pass
Respectfully submitted, /&/ Lane of the 27th
Chairman
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 462. By Representative Harris of the 84th:
A bill to amend an Act placing the county officers of McDuffie County on an annual salary, so as to provide for appointment of a deputy coroner by the coroner; to provide for the salary of the deputy coroner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 57. By Senator Ramsey of the 54th:
A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Anno tated, relating to sexual assault against a person in custody, so as to provide that a person commits sexual assault when he engages in sexual contact with another person who is a probationer under the state-wide probation system and such accused person has supervisory or disciplinary authority over such other person; to provide a penalty.
SB 54. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to compensation of certain state officials, so as to change pro visions relating to the reimbursable expense account of members of the General Assembly; to provide for additional documentation requirements for expense reimbursement; to provide for related matters; to provide an effec tive date.
450
JOURNAL OF THE HOUSE,
SB 69. By Senators Hasty of the 51st, Garner of the 30th and Kidd of the 25th:
A bill to amend Code Section 40-5-36 of the Official Code of Georgia Anno tated, relating to veterans' drivers' licenses, so as to change which veterans qualify for veterans' drivers' licenses.
SB 72. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal abuse of governmental office, so as to provide for the criminal offense of extortion by public office; to state legis lative intent; to provide for definitions; to provide for penalties; to provide an effective date.
SB 87. By Senator Steinberg of the 42nd:
A bill to amend Code Section 31-33-2 of the Official Code of Georgia Anno tated, relating to furnishing a patient's medical records, so as to provide for access to a patient's medical records by the state long-term care ombudsman or the Department of Human Resources under certain conditions.
SB 119. By Senator Newbill of the 56th:
A bill to amend Code Section 36-31-2 of the Official Code of Georgia Anno tated, relating to the minimum distance between proposed corporate bounda ries and boundaries of existing municipal corporations generally, so as to provide an exception for certain municipal corporations; to provide an effec tive date.
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:
SR 31. By Senator Kidd of the 25th:
A resolution informing personnel offices of agencies and departments of the state regarding the rights of certain military personnel who are on ordered military duty.
SR 32. By Senator Kidd of the 25th:
A resolution recognizing the month of May, 1991, as "Motorcycle Awareness and You Month" in Georgia.
SR 56. By Senators Hill of the 4th and Phillips of the 9th:
A resolution inviting Honorable George Bush, President of the United States, to attend the Southeast Georgia Veteran's Day Celebration.
HR 186. By Representatives King of the 72nd, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and Buckner of the 72nd:
A resolution proclaiming February 4, 1991, as "Mental Health Day" in Geor gia.
The Senate has adopted, by substitute, by the requisite constitutional majority the following Resolution of the House:
MONDAY, FEBRUARY 4, 1991
451
HR 15. By Representative Lane of the 27th:
A resolution ratifying the alteration of regional development center bounda ries established by the Board of Community Affairs.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 83. By Senator Thompson of the 33rd:
A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to provide that the board of commissioners shall site no new landfill until it enacts a local solid waste disposal plan.
HB 94. By Representatives Kingston of the 125th, Hamilton of the 124th, Dixon of the 128th, Mueller of the 126th and Merritt of the 123rd:
A bill to amend an Act incorporating the City of Tybee Island, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilpersons.
HB 236. By Representatives Hamilton of the 124th, Bordeaux of the 122nd, Pelote of the 127th, Merritt of the 123rd, Dixon of the 128th and others:
A bill to amend an Act creating the Chatham-Savannah Youth Futures Authority, so as to provide for additional members of the authority.
HB 237. By Representatives Clark of the 20th (Post 3), Clark of the 20th (Post 4), Vaughan of the 20th, Hammond of the 20th and Mills of the 20th:
A bill to amend an Act reincorporating and providing a new charter for the City of Acworth, so as to provide for special elections to approve or reject certain expenditures.
HB 294. By Representatives Bates of the 141st and Long of the 142nd:
A bill to amend an Act abolishing the offices of Tax Receiver and Tax Col lector of Decatur County and creating in lieu thereof the office of Tax Com missioner of Decatur County, so as to change the compensation of the Tax Commissioner.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 54. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to compensation of certain state officials, so as to change pro visions relating to the reimbursable expense account of members of the General Assembly; to provide for additional documentation requirements for expense reimbursement; to provide for related matters; to provide an effec tive date.
Referred to the Committee on Judiciary.
452
JOURNAL OF THE HOUSE,
SB 57. By Senator Ramsey of the 54th:
A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Anno tated, relating to sexual assault against a person in custody, so as to provide that a person commits sexual assault when he engages in sexual contact with another person who is a probationer under the state-wide probation system and such accused person has supervisory or disciplinary authority over such other person; to provide a penalty.
Referred to the Committee on Judiciary.
SB 69. By Senators Hasty of the 51st, Garner of the 30th and Kidd of the 25th:
A bill to amend Code Section 40-5-36 of the Official Code of Georgia Anno tated, relating to veterans' drivers' licenses, so as to change which veterans qualify for veterans' drivers' licenses.
Referred to the Committee on Motor Vehicles.
SB 72. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to criminal abuse of governmental office, so as to provide for the criminal offense of extortion by public office; to state legis lative intent; to provide for definitions; to provide for penalties; to provide an effective date.
Referred to the Committee on Judiciary.
SB 83. By Senator Thompson of the 33rd:
A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to provide that the board of commissioners shall site no new landfill until it enacts a local solid waste disposal plan.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 87. By Senator Steinberg of the 42nd:
A bill to amend Code Section 31-33-2 of the Official Code of Georgia Anno tated, relating to furnishing a patient's medical records, so as to provide for access to a patient's medical records by the state long-term care ombudsman or the Department of Human Resources under certain conditions.
Referred to the Committee on Health & Ecology.
SB 119. By Senator Newbill of the 56th:
A bill to amend Code Section 36-31-2 of the Official Code of Georgia Anno tated, relating to the minimum distance between proposed corporate bounda ries and boundaries of existing municipal corporations generally, so as to provide an exception for certain municipal corporations; to provide an effec tive date.
Referred to the Committee on State Planning & Community Affairs.
MONDAY, FEBRUARY 4, 1991
453
SR 31. By Senator Kidd of the 25th:
A resolution informing personnel offices of agencies and departments of the state regarding the rights of certain military personnel who are on ordered military duty.
Referred to the Committee on Defense & Veterans Affairs.
SR 32. By Senator Kidd of the 25th:
A resolution recognizing the month of May, 1991, as "Motorcycle Awareness and You Month" in Georgia.
Referred to the Committee on Motor Vehicles.
SR 56. By Senators Hill of the 4th and Phillips of the 9th:
A resolution inviting Honorable George Bush, President of the United States, to attend the Southeast Georgia Veteran's Day Celebration.
Referred to the Committee on Defense & Veterans Affairs.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 4. By Representative Childers of the 15th:
A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to provide for tempo rary licenses.
The following Committee substitute was read and adopted:
A BILL
To amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to dental hygienists, so as to provide for temporary licenses; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to dental hygienists, is amended by adding immediately following Code Sec tion 43-11-70 a new Code section to read as follows:
"43-11-70.1. A person who furnishes the board satisfactory proof of being currently licensed to practice as a dental hygienist in another state and who has applied for, paid the fee for, and been authorized by the board to take the examination required by Code Section 43-11-70 shall be issued a temporary license to practice as a dental hygienist in this state. The temporary license shall be valid from the date of issuance until the results of the first examination scheduled for the applicant are released. If the applicant fails the examination or fails to appear at the examination, the temporary license shall automatically become invalid. No such temporary license shall be issued more than one time. If the applicant passes the examination, the temporary license shall remain valid until a license is issued. A temporary license shall be posted and displayed in the place in which the dental hygienist is employed."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
454
JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom
YBarfoot Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrel! Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M
Y Davis,G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover YDunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Hairis,J Y Heard Y Henson
Y Herbert Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Y Redding Y Ricketson Y Royal Y Selman
Y Sherrill Simpson
Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith,W
Smyre Y Snow
Y Stancil,F Y Stancil.S Y Stanley
Y Stephens Y Streat Y Taylor YTeper
Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L YWall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Williams,R
Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 5. By Representative Childers of the 15th:
A bill to amend Code Section 31-11-30 of the Official Code of Georgia Anno tated, relating to license requirements for an ambulance service, so as to pro vide that no person shall make use of the word "ambulance" or otherwise hold oneself out to be an ambulance service without having a valid license.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 31-11-30 of the Official Code of Georgia Annotated, relating to license requirements for an ambulance service, so as to provide that no person shall make use of the word "ambulance" or otherwise hold oneself out to be an ambulance ser vice without having a valid license; to provide for penalties; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-11-30 of the Official Code of Georgia Annotated, relat ing to license requirements for an ambulance service, is amended by striking said Code section in its entirety and inserting in its place a new Code Section 31-11-30 to read as follows:
MONDAY, FEBRUARY 4, 1991
455
"31-11-30. (a) No person shall operate an ambulance service in this state without having a valid license or provisional license issued by the license officer pursuant to this chapter.
(b) No person shall make use of the word 'ambulance' to describe any facility, motor vehicle, or service such person provides or otherwise hold oneself out to be an ambu lance service without having a valid license issued pursuant to the provisions of this chapter.
{b} (c) Any person who violates the provisions of this Code section shall be guilty of a misdemeanor."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Harriett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H
Y Clark,L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton
YMann Y Martin
Y McCoy Y McKelvey
Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell,C Y Purcell Y Randall YRay Y Reaves
Y Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper Y Smith.L
Y Smith,P Y Smith,T Y Smith.W Y Smyre YSnow Y StancilF Y StanciLS Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams,R
Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 176, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 269. By Representative Childers of the 15th:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Anno tated, relating to vital records, so as to change the provisons relating to cer tificates of birth for adoptees born outside the state; to change the provisions relating to new certificates of birth following adoption or legitimation.
456
JOURNAL OF THE HOUSE,
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to certificates of birth for adoptees born outside the state; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relat ing to vital records, is amended by striking subsection (f) of Code Section 31-10-13, relat ing to certificates of adoption, and inserting in its place a new subsection to read as follows:
"(f) This subsection The following shall apply to certificates of birth of adopted per sons born in a foreign country^
(1) The state registrar shall establish a certificate of birth for a person born in a foreign country when the state registrar receives a certificate of adoption and the child was not a United States citizen at birth. The certificate of adoption shall specify the actual place of birth which shall be shown as the place of birth on the birth certifi cate. The new birth certificate shall be prepared on a 'Certificate of Foreign Birth' as prescribed by the state registrar; and
(2^ If a person was born in a foreign country and was a citizen of the United States at the time of birth, the state registrar shall not prepare a 'Certificate of Foreign Birth' and shall notify the adoptive parents of the procedure for obtaining a revised birth certificate for their child through the United States Department of State."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong
Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark,H Y Clark,L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth
Y Cummings,B Y Cummings.M Y Davis,G Y Davis,M
Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y FloydJ.W YFlynt
Y Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert
Hightower Y Holland
Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane,D YLane.R Y Langford Y Lawrence Y Lawson YLee
YLong YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Porter
Y Poston Y Powell,A Y Powell,C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith,T Y Smith,W YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas,C Y Thomas,M
Y Thomas,N Y Thurmond
MONDAY, FEBRUARY 4, 1991
457
Y Titus
Y Tolbert Y Townsend
Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y WalkerJ
Y Walker,L YWall
Ware Y Watson
Y Watts Y White
Y Wilder Y Williams,B
Y Williams^I Y Williams,R
Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 173, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 201. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require all write-in candidates to designate the specific office sought where an office has multiple officeholders.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron
Y Bamett,B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty
Y Carrell Y Carter YChafin Y Chambless Y Cheeks Y Childers Y ClarkJE Y Clark.H
Y Clark,L Y Coker Y Coleman
Colwell Y Connell
Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis,M Y Dixon.H Y Diion,S Y Dobbs Y Dover YDunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd^I.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y HarrisJ Y Heard Y Henson
Y Herbert Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R
Y Langford Y Lawrence
YLawson YLee YLong
YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr YOrrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
YPoston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal YSelman Y Sherrill Y Simpson Y Sinkfleld Y Skipper Y Smith,L
Y Smith.P Y Smith.T Y Smith,W YSmyre Y Snow Y Stancil.F
Y Stancil,S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M
Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L YWall Y Ware
Y Watson Y Watts Y White Y Wilder Y Willian>8,B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 174, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 202. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Code Section 15-6-56 of the Official Code of Georgia Anno tated, relating to filling vacancies in the office of clerk of superior court in counties with a chief deputy clerk, so as to change the time period during which the chief deputy clerk shall serve as clerk of the superior court.
458
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Y Clark,L Y Coker
Y Coleman Colwell
Y Connell Y Culbreth Y Cummings,B Y Cummings.M
Y Davis,G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert High tower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B Y McKinney.C
Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote N Perry Y Pettit Y Pinholster Y Pinkston NPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow
Y Stancil,F Y Stancil,S Y Stanley
Y Stephens Y Street Y Taylor YTeper Y Thomas,C Y Thomas.M YThomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L YWall Y Ware
Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams,R
Y Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 171, nays 2. The Bill, having received the requisite constitutional majority, was passed.
HB 204. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Code Section 21-3-91 of the Official Code of Georgia Anno tated, relating to filing notice of candidacy in municipal elections so as to revise the time period for filing such notice with respect to certain municipal general or special elections.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M
Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter
Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker
Y Coleman Colwell
Y Connell Y Culbreth Y CummingstB Y Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
MONDAY, FEBRUARY 4, 1991
459
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Y Banner Y Harris.B Y Harris,J
Heard Y Henson Y Herbert
Hightower Y Holland Y Holmes
Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
Y McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Y Postal Y Powell,A Y Powell.C Y Purcell YRandall YRay Y Reaves
Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil,F
Y Stancil.S Stanley
Y Stephens Y Streat
Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams.R
Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The Speaker announced the House in recess until 10:45 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 9 having arrived, the Senate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from Chief Justice of the Georgia Supreme Court Harold G. Clarke, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard.
The Resolution calling for the Joint Session was read.
Chief Justice Harold G. Clarke appeared upon the floor of the House and addressed the Joint Session.
Senator Garner of the 30th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.
The Speaker called the House to order.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 209. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to election and qualification of county tax officials, so as to change certain provisions regarding the conducting of a special election to fill certain vacancies in the office of tax receiver, tax col lector, or tax commissioner.
460
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Y Aiken Y Alford
Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefleld
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E
Y Clark,H
Clark,L Y Coker
Coleman Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Davis.G
Y Davis.M Dixon.H
Y Dixon,S Dobbs
Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin
Y Green Greene
Y Griffin Y Groover
Y Hamilton Y Hammond Y Manner Y Harris,B
Y Harris,J Y Heard
Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones
Kilgore YKing
Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag
Porter Poston Y PowelUV Y Powell,C Y Purcell Y Randall YRay Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T Y Smith,W
YSmyre YSnow
Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N Thurmond
Y Titus Y Tolbert
Townsend Y Turnquest YTwiggs Y Valenti Y Vaughan Y Walker,J
Walker.L YWall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y WilliamsJ Y Williams,R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 200. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to specify the types of funds which shall be used to pay qualifying fees.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 42.
The Bill, having received the requisite constitutional majority, was passed.
Representative Redding of the 50th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 200.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
MONDAY, FEBRUARY 4, 1991
461
HR 164. By Representatives Patten of the 149th, Reaves of the 147th and Golden of the 148th:
A resolution commending Coach Nick Hyder and the Valdosta High School Wildcats football team and inviting Coach Hyder to appear and be recog nized before the House of Representatives.
Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HR 27. By Representatives Hamilton of the 124th, Parham of the 105th, Orrock of the 30th, Redding of the 50th and Smith of the 152nd:
A resolution creating the House Facilities for Traumatic Brain Injured and Other Physically Debilitated Persons Study Committee.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the House Facilities and Services for Traumatic Brain Injured and Other Physically Debilitated Persons Study Committee; and for other purposes.
WHEREAS, there is a serious shortage of facilities and services in this state to pro vide subacute rehabilitative and long-term services to persons suffering traumatic brain injury or other severe physical debilitations; and
WHEREAS, despite that shortage, such facilities are nevertheless required to obtain certificates of need prior to their offering those services; and
WHEREAS, persons suffering traumatic brain injury or other severe physical debilitations have unique needs which may not be adequately met in facilities other than those specializing in such services; and
WHEREAS, the Department of Human Resources is required to classify and permit health care facilities but does not have adequate classifications for such specialized facili ties.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the House Facilities and Services for Traumatic Brain Injured and Other Physically Debilitated Persons Study Committee to be composed of five mem bers of the House of Representatives to be appointed by the Speaker of the House of Rep resentatives. The Speaker shall designate a member of the committee as chairman of the committee. The chairman 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 recom mend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days unless addi tional days are authorized. The funds necessary to carry out the provisions of this resolu tion shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with suggestions for pro posed legislation, if any, such report shall be made on or before December 1, 1991. The committee shall stand abolished on December 1, 1991.
462
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
Byrd Y Campbell
Canty Y Carrell Y Carter YChafin Y Chambless
Y Cheeks Y Childers Y Clark,E
Y Clark,H
Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth
Y Cummings,B Y Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Dover
Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee
Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Holmes
Y Howard Y Hudson Ylrwin Y Jackson Y Jaraieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag Y Porter
Poston
Y Powell.A Y Powell,C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith.P Y Smith,T Y Smith,W
Y Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall YWare
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, by substitute, the ayes were 161, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HB 86. By Representatives Twiggs of the 4th, Colwell of the 4th, Dover of the llth and Barnett of the 10th:
A bill to amend Code Section 16-13-31 of the Official Code of Georgia Anno tated, relating to the criminal offense of trafficking in cocaine, illegal drugs, or marijuana, so as to change the elements of and punishment for the offense of trafficking in marijuana.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom
Y Barfoot Bargeron
Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux
Bostick
Y Branch Y Breedlove Y Brooks
Y Brown Y Brush YBuck
Y Buckner Byrd
Y Campbell Canty
Y Carrell Y Carter Y Chafin Y Chambles Y Cheeks Y Childers Y Clark,E
MONDAY, FEBRUARY 4, 1991
463
Y Clark.H Y Clark.L Y Coker
Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis,G YDavis,M
Y Dixon,H Y Diion,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Flynt
Godbee Y Golden Y Goodwin Y Green
Greene
Y Griffin
Y Groover Y Hamilton Y Hammond
Hanner
Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King
Y Kingston Y Klein Y Ladd Y Lane,D Y Lane.R Y Langford Y Lawrence
Y Lawson
Y Lee Y Long
Lord
Lucas
Y Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote
Y Perry Pettit
Y Pinholster
Y Pinkston
Y Poag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
Y Ray Y Reaves Y Redding
Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith,L Y Smith,P Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F
Y Stancil.S
Y Stanley Y Stephens Y Streat
Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams.J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 72. By Representatives Twiggs of the 4th, Murphy of the 18th, Coleman of the 118th, Colwell of the 4th, Dover of the llth and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to comprehensively change the provisions relating to forfeitures of real or personal property acquired with proceeds from the manufacture, distribution, or sale of a controlled substance or marijuana or exchanged for a controlled substance or marijuana or used to facilitate a violation of said "Georgia Con trolled Substances Act".
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, known as the "Georgia Controlled Substances Act," so as to revise substantially the provisions relating to forfeitures; to provide for definitions; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for compromise and settlement; to provide for seizure and dis position of property, rights therein, and proceeds derived therefrom; to provide for liens and the filing, enforcement, and release thereof; to provide that certain rented or leased vehicles are not subject to forfeiture; to provide procedures in connection therewith; to provide for duties and powers of the director of the Georgia Drugs and Narcotics Agency and agents, drug agents, law enforcement officers, sheriffs, and prosecuting attorneys; to provide for service of process and notices; to provide that certain property taken or detained is not subject to replevin, conveyance, sequestration, or attachment; to provide for the consolidation of actions; to provide for bonds; to provide for seizure, storage, use, and retention of property; to provide for inventory and estimates of value; to provide for claims, hearings, and the determination of rights and interests in property; to provide for temporary restraining orders; to provide for the sale or other disposition of property or
464
JOURNAL OF THE HOUSE,
interests therein; to provide for jurisdiction and power of courts and the judges thereof; to provide that certain substances shall be forfeited to the state; to provide for the nonabatement of certain causes of action and forfeitures; to provide a statement of intent; to correct cross-references; to amend Code Section 16-12-100 of the Official Code of Geor gia Annotated, relating to sexual exploitation of children and forfeitures, so as to correct a cross-reference; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, known as the "Georgia Controlled Substances Act," is amended by striking Code Section 16-13-49, relating to forfeitures, and inserting in lieu thereof a new Code Section 16-13-49 to read as follows:
"16-13-49. (a) As used in this Code section, the term: (1) 'Costs' shall include, but is not limited to: (A) All expenses associated with the seizure, maintenance, custody, preservation, operation, or sale of the property; (B) All court costs, including the cost of advertisement, transcripts, and court reporters' fees; (C) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to this Code section; and (D) Payment of attorneys' fees to private attorneys appointed by the district attorney as special assistant district attorneys to the extent that such attorneys are not otherwise compensated by the state or any political subdivision for such ser vices. The amount of any such fee shall be determined by the district attorney and approved by the court at the time of the appointment of such attorney. (2) 'Enterprise' means any person, sole proprietorship, partnership, corporation,
trust, association, or other legal entity created under the laws of this state, of the United States or any of the several states of the United States, or of any foreign nation or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit enterprises and governmental as well as other entities.
(3) 'Governmental agency' means any department, office, council, commission, committee, authority, board, bureau, or division of the executive, judicial, or legislative branch of a state, the United States, or any political subdivision thereof.
(4) 'Interest holder' means a secured party within the meaning of Code Section 11-9-105 or the beneficiary of a perfected encumbrance pertaining to an interest in property.
(5) 'Owner' means a person, other than an interest holder, who has an interest in property and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value.
(6) 'Proceeds' means property derived directly or indirectly from, maintained by, or realized through an act or omission and includes any benefit, interest, or property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose.
(7) 'Property' means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible personal property, including but not limited to currency, instruments, securities, or any other kind of privilege, interest, claim, or right.
(8) 'United States' includes its territories, possessions, and dominions and the Dis trict of Columbia. (b) (1) An action filed pursuant to this Code section shall be filed in the name of the State of Georgia and may be brought:
(A) In the case of an in rem action, by the district attorney for the judicial cir cuit where the property is located;
(B) In the case of an in personam action, by the district attorney for the judicial circuit in which the defendant resides; or
MONDAY, FEBRUARY 4, 1991
465
(C) By the district attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture. Such district attorney may bring an action pursuant to this Code section in any supe
rior court of this state. (2) If more than one district attorney has jurisdiction to file an action pursuant
to this Code section, the district attorney having primary jurisdiction over a violation of this article shall, in the event of a conflict, have priority over any other district
attorney. (3) Any action brought pursuant to this Code section may be compromised or set
tled in the same manner as other civil actions. (c) An action for forfeiture brought pursuant to this Code section shall be tried:
(1) If the action is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction;
(2) If the action is in rem against tangible or intangible personal property, in any county where the property is located or will be during the pendency of the action; or
(3) If the action is in personam, as provided by law. (d) The following are declared to be contraband and no person shall have a property
right in them: (1) All controlled substances, raw materials, or controlled substance analogs that
have been manufactured, distributed, dispensed, possessed, or acquired in violation of
this article; (2) All property which is, directly or indirectly, used or intended for use in any
manner to facilitate a violation of this article or any proceeds derived or realized
therefrom; (3) All property located in this state which was, directly or indirectly, used or
intended for use in any manner to facilitate a violation of this article or of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year or any proceeds derived
or realized therefrom; (4) All weapons possessed, used, or available for use in any manner to facilitate a
violation of this article or any of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more
than one year; (5) Any interest, security, claim, or property or contractual right of any kind
affording a source of influence over any enterprise that a person has established, oper ated, controlled, conducted, or participated in the conduct of in violation of this arti cle or any of the laws of the United States or any of the several states relating to controlled substances which is punishable by imprisonment for more than one year or any proceeds derived or realized therefrom; and
(6) All moneys, negotiable instruments, securities, or other things of value which are found in close proximity to any controlled substance or marijuana or other prop erty which is subject to forfeiture under this subsection.
(e) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder:
(1) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and could not reasonably have known of the conduct
or that it was likely to occur; (2) Had not acquired and did not stand to acquire substantial proceeds from the
conduct giving rise to its forfeiture other than as an interest holder in an arm's length commercial transaction;
(3) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its for
feiture; (4) Does not hold the property for the benefit of or as nominee for any person
whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired
466
JOURNAL OF THE HOUSE,
the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and
(5) Acquired the interest: (A) Before the completion of the conduct giving rise to its forfeiture, and the
person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or
(B) After the completion of the conduct giving rise to its forfeiture: (i) As a bona fide purchaser for value without knowingly taking part in an
illegal transaction; (ii) Before the filing of a lien on it and before the effective date of a notice
of pending forfeiture relating to it and without notice of its seizure for forfeiture under this article; and
(iii) At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article. A property interest shall not be subject to forfeiture under this Code section for a viola tion involving one gram of cocaine or less or four ounces of marijuana or less unless said property was used to facilitate a transaction in or a purchase of or sale of a controlled substance or marijuana. (f) A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally accountable for the conduct which would otherwise subject the vehicle to forfeiture, con sented to the conduct, or knew or reasonably should have known of the conduct or that it was likely to occur. Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the duly authorized authorities shall immediately contact the company to inform it that the vehicle is available for the com pany to take possession. (g) (1) Property which is subject to forfeiture under this Code section may be seized by the director of the Georgia Drugs and Narcotics Agency or any duly autho rized agent or drug agent of this state or by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute pro cess or a search warrant issued by any court having jurisdiction over the property. A search warrant authorizing seizure of property which is subject to forfeiture pursuant to this Code section may be issued on an affidavit demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of this state, any other state, or the United States. The court may order that the property be seized on such terms and conditions as are reasonable. (2) Property which is subject to forfeiture under this Code section may be seized without process if there is probable cause to believe that the property is subject to forfeiture under this article or the seizure is incident to an arrest or search pursuant to a search warrant or to an inspection under an inspection warrant. (3) The court's jurisdiction over forfeiture proceedings is not affected by a seizure in violation of the Constitution of Georgia or the United States Constitution made with process or in a good faith belief of probable cause. (h) (1) When property is seized pursuant to this article, the sheriff, drug agent, or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. (2) Within 60 days from the date of seizure, a complaint for forfeiture shall be ini tiated as provided for in subsection (n), (o), or (p) of this Code section. (3) If the state fails to initiate forfeiture proceedings against property seized for forfeiture by notice of pending forfeiture within the time limits specified in para graphs (1) and (2) of this subsection, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code sec tion, unless the property is being held as evidence.
MONDAY, FEBRUARY 4, 1991
467
(i) (1) Seizure of property by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an inter est in the property.
(2) When property is seized pursuant to this article, the district attorney or the sheriff, drug agent, or law enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present at the time of seizure by personal service, publication, or the mailing of written notice:
(A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail to that address;
(B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the property but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or
(C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is not known, by publication in two consecutive issues of a newspa per of general circulation in the county in which the seizure occurs. (3) Notice of seizure must include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged, (j) A district attorney may file, without a filing fee, a lien for forfeiture of property upon the initiation of any civil or criminal proceeding under this article or upon seizure for forfeiture. The filing constitutes notice to any person claiming an interest in the property owned by the named person. The filing shall include the following: (1) The lien notice must set forth:
(A) The name of the person and, in the discretion of the state, any alias and any corporations, partnerships, trusts, or other entities, including nominees, that are either owned entirely or in part or controlled by the person; and
(B) The description of the property, the criminal or civil proceeding that has been brought under this article, the amount claimed by the state, the name of the court where the proceeding or action has been brought, and the case number of the proceeding or action if known at the time of filing;
(2) A lien under this subsection applies to the described property and to one named person and to any aliases, fictitious names, or other names, including names of corporations, partnerships, trusts, or other entities, that are either owned entirely or in part or controlled by the named person and any interest in real property owned or controlled by the named person. A separate lien for forfeiture of property must be filed for any other person;
(3) The lien creates, upon filing, a lien in favor of the state as it relates to the seized property or to the named person or related entities with respect to said prop erty. The lien secures the amount of potential liability for civil judgment and, if appli cable, the fair market value of seized property relating to all proceedings under this article enforcing the lien. The forfeiture lien referred to in this subsection must be filed in accordance with the provisions of the laws in this state pertaining to the type of property that is subject to the lien. The state may amend or release, in whole or in part, a lien filed under this subsection at any time by filing, without a filing fee, an amended lien in accordance with this subsection which identifies the lien amended. The state, as soon as practical after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsec tion does not invalidate or otherwise affect a lien filed in accordance with this subsec tion;
(4) Upon entry of judgment in favor of the state, the state may proceed to execute on the lien as in the case of any other judgment;
(5) A trustee, constructive or otherwise, who has notice that a lien for forfeiture of property, a notice of pending forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the person holds
468
JOURNAL OF THE HOUSE,
title or appears as the owner of record shall furnish, within ten days, to the district attorney or his designee the following information:
(A) The name and address of the person or entity for whom the property is held;
(B) The names and addresses of all beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held; and
(C) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as the owner of record of the property; and (6) A trustee, constructive or otherwise, who fails to comply with this subsection shall be guilty of a misdemeanor. (k) Property taken or detained under this Code section is not subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the district attorney may authorize the release of the property if the forfeiture or retention is unnecessary or may transfer the action to another agency or district attorney by dis continuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other law enforcement agency or district attorney. An action under this Code section may be consolidated with any other action or proceeding under this article relating to the same property on motion by an interest holder and must be so consolidated on motion by the
district attorney in either proceeding or action. The property is deemed to be in the cus tody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings.
(1) (1) If property is seized under this article, the district attorney may:
(A) Remove the property to a place designated by the superior court having
jurisdiction over the forfeiture proceeding; (B) Place the property under constructive seizure by posting notice of pending
forfeiture, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of seizure in any appropriate public record relating to the prop
erty; (C) Remove the property to a storage area, within the jurisdiction of the court,
for safekeeping or, if the property is a negotiable instrument or money and is not
needed for evidentiary purposes, the district attorney may authorize its being depos ited in an interest-bearing account in a financial institution in this state. Any
accrued interest shall follow the principal in any judgment with respect thereto; (D) Provide for another governmental agency, a receiver appointed by the court
pursuant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the property and remove it to an appropriate location within the county where
the property was seized; or (E) Require the sheriff or chief of police of the political subdivision where the
property was seized to take custody of the property and remove it to an appropriate
location for disposition in accordance with law. (2) If any property which has been attached or seized pursuant to this Code sec
tion is perishable or is liable to perish, waste, or be greatly reduced in value by keep ing or if the expense of keeping the same is excessive or disproportionate to the value thereof, the court, upon motion of the state, a claimant, or the custodian, may order
the property or any portion thereof to be sold upon such terms and conditions as may be prescribed by the court; and the proceeds shall be paid into the registry of the
court pending final disposition of the action. (m) As soon as possible, but not more than 30 days after the seizure of property, the
seizing law enforcement agency shall conduct an inventory and estimate the value of the
property seized. (n) If the estimated value of personal property seized is $25,000.00 or less, the dis
trict attorney may elect to proceed under the provisions of this subsection in the follow
ing manner: (1) Notice of the seizure of such property shall be posted in a prominent location
in the courthouse of the county in which the property was seized. Such notice shall include a description of the property, the date and place of seizure, the conduct giving
rise to forfeiture, and the violation of law alleged;
MONDAY, FEBRUARY 4, 1991
469
(2) A copy of the notice shall be served upon an owner, interest holder, or person in possession of the property at the time of seizure as provided in subsection (i) of this Code section and shall be published for at least three successive weeks in a news paper of general circulation in the county where the seizure was made;
(3) The owner or interest holder may file a claim within 30 days after the second publication of the notice of forfeiture by sending the claim to the seizing law enforce ment agency and to the district attorney by certified mail, return receipt requested;
(4) The claim must be signed by the owner or interest holder under penalty of per
jury and must set forth: (A) The caption of the proceedings as set forth on the notice of pending forfei
ture and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of the transferor, and circumstances of the claimant's
acquisition of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the
property is not subject to forfeiture; (F) All essential facts supporting each assertion; and (G) The precise relief sought;
(5) If a claim is filed, the district attorney shall file a complaint for forfeiture as provided in subsection (o) or (p) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and
(6) If no claim is filed within 30 days after the second publication of the notice of forfeiture, all right, title, and interest in the property is forfeited to the state and the district attorney shall dispose of the property as provided in subsection (u) of this Code section,
(o) In rem proceedings. (1) In actions in rem, the property which is the subject of the action shall be
named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the property with reasonable particularity; state that it is located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture.
(2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property.
(A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4.
(B) If real property is the subject of the action or the owner or interest holder is unknown or resides out of the state or departs the state or cannot after due dili gence be found within the state or conceals himself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself to avoid service.
(C) If tangible property which has not been seized is the subject of the action, the court may order the sheriff or another law enforcement officer to take posses sion of the property. If the character or situation of the property is such that the taking of actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and summons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person having possession or his agent. In cases involving a vessel or aircraft, the sheriff or
470
JOURNAL OF THE HOUSE,
other law enforcement officer is authorized to make a written request with the appropriate governmental agency not to permit the departure of such vessel or air craft until notified by the sheriff or his deputy that the vessel or aircraft has been released.
(3) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must be veri fied by the owner or interest holder under penalty of perjury. In addition to comply ing with the general rules applicable to an answer in civil actions, the answer must set forth:
(A) The caption of the proceedings as set forth in the complaint and the name of the claimant;
(B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property;
(D) The date, identity of transferor, and circumstances of the claimant's acquisi tion of the interest in the property;
(E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture;
(F) All essential facts supporting each assertion; and (G) The precise relief sought.
(4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section.
(5) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury.
(6) An action in rem may be brought by the state in addition to or in lieu of any other in rem or in personam action brought pursuant to this title,
(p) In personam proceedings.
(1) The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. It shall describe with reasonable particularity the property which is sought to be forfeited; state its present custodian; state the name of the owner or interest holder, if known; allege the essen tial elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the for feiture.
(2) Service of the complaint and summons shall be as follows: (A) Except as otherwise provided in this subsection, service of the complaint and
summons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4; and
(B) If the defendant is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself so as to avoid service, notice of the proceedings shall be published once a week for two suc cessive weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed sufficient notice to any such defendant.
(3) A defendant shall file a verified answer within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of final publication. In addition to complying with the general rules applicable to an
answer in civil actions, the answer must contain all of the elements set forth in para
graph (3) of subsection (o) of this Code section. (4) Any interest holder or person in possession of the property may join any action
brought pursuant to this subsection as provided by Chapter 11 of Title 9, known as the 'Georgia Civil Practice Act.'
MONDAY, FEBRUARY 4, 1991
471
(5) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section.
(6) If an answer is filed, a hearing must be held within 45 days after service of the complaint unless continued for good cause and must be held by the court without a jury.
(7) On a determination of liability of a person for conduct giving rise to forfeiture under this Code section, the court must enter a judgment of forfeiture of the property described in the complaint and must also authorize the district attorney or his agent or any law enforcement officer or peace officer to seize all property ordered to be for feited which was not previously seized or was not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the state, may enter any appropriate order to protect the interest of the state in the prop erty ordered to be forfeited.
(8) Except as provided in this subsection, no person claiming an interest in prop erty subject to forfeiture under this Code section may intervene in a trial or appeal of a criminal action or in an in personam civil action involving the forfeiture of the property, (q) In conjunction with any civil or criminal action brought pursuant to this article:
(1) The court, on application of the district attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this article, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture;
(2) A temporary restraining order under this Code section may be entered on application of the district attorney, without notice or an opportunity for a hearing, if the district attorney demonstrates that:
(A) There is probable cause to believe that the property with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this title; and
(B) Provision of notice would jeopardize the availability of the property for for
feiture; (3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the property. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether:
(A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property's being destroyed, con veyed, encumbered, removed from the jurisdiction of the court, concealed, or other wise made unavailable for forfeiture; and
(B) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered; (4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under para graph (2) of this subsection, the court, on an application filed by an owner of or inter est holder in the property within 30 days after notice of its seizure or lien or actual knowledge of such seizure or lien, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the district attorney of the judicial circuit where the property was seized or, in the case of a forfeiture lien, to the district attorney filing such lien, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the property then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the property, the property must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and
472
JOURNAL OF THE HOUSE,
(5) The court may order property that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that:
(A) The interest holder has filed a proper claim and: (i) Is authorized to do business in this state and is under the jurisdiction of
a governmental agency of this state or of the United States which regulates finan cial institutions, securities, insurance, or real estate; or
(ii) Has an interest that the district attorney has stipulated is exempt from forfeiture; (B) The interest holder must dispose of the property by commercially reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and (C) The balance of the proceeds, if any, must be returned to the actual or con structive custody of the court, in an interest-bearing account, subject to further pro ceedings under this Code section. (r) A defendant convicted in any criminal proceeding is precluded from later denying the essential allegations of the criminal offense of which the defendant was convicted in any proceeding pursuant to this Code section, regardless of the pendency of an appeal from that conviction; however, evidence of the pendency of an appeal is admissible. For the purposes of this Code section, a conviction results from a verdict or plea of guilty, including a plea of nolo contendere. (s) In hearings and determinations pursuant to this Code section: (1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 of Chapter 5 of Title 17, together with inferences therefrom; (2) The fact that money or a negotiable instrument was found in proximity to con traband or to an instrumentality of conduct giving rise to forfeiture authorizes the trier of the fact to infer that the money or negotiable instrument was the proceeds of conduct giving rise to forfeiture or was used or intended to be used to facilitate such conduct; and (3) There is a rebuttable presumption that any property of a person is subject to forfeiture under this Code section if the state establishes probable cause to believe that: (A) The person has engaged in conduct giving rise to forfeiture;
(B) The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after the period; and
(C) There was no likely source for the property other than the conduct giving rise to forfeiture.
(t) (1) All property declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter must be ordered to be forfeited unless the transferee claims and establishes in a hearing under this Code sec tion that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (e) of this Code section.
(2) On entry of judgment for a person claiming an interest in the property that is subject to proceedings to forfeit property under this Code section, the court shall order that the property or interest in property be released or delivered promptly to that person free of liens and encumbrances, as provided under this article.
(3) The court shall order a claimant who fails to establish that a substantial por tion of the claimant's interest is exempt from forfeiture under subsection (e) of this Code section to pay the reasonable costs relating to the disproving of the claim which were incurred by the state, including costs for investigation, prosecution, and attor neys' fees.
(u) (1) When a forfeiture occurs under this article, any item which is required by law to be destroyed or which is harmful to the public shall, pursuant to court order,
MONDAY, FEBRUARY 4, 1991
473
be destroyed or forwarded to the Division of Forensic Sciences of the Georgia Bureau of Investigation or any other agency of state or local government for any medical or scientific use not prohibited under the laws of the United States or this state.
(2) When a forfeiture of property other than money occurs under this article, the court may:
(A) Order the property to be sold, with the proceeds of the sale to be distributed as provided in paragraph (4) of this subsection; or
(B) Provide for the in-kind distribution of the property as provided for in para graph (4) of this subsection. (3) Where the property is to be sold pursuant to paragraph (2) of this subsection, the court may direct that such property be sold by:
(A) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, however, that the court may establish a minimum acceptable price for such prop erty; or
(B) Any commercially feasible means, including, in the case of real property, by listing such property with a licensed real estate broker, selected by the district attorney through competitive bids. (4) All money forfeited in a forfeiture proceeding, all other property forfeited in the same forfeiture proceeding and not sold or distributed pursuant to paragraphs (2) and (3) of this subsection, and all proceeds from property forfeited in the same forfei ture proceeding and sold pursuant to paragraphs (2) and (3) of this subsection shall, after the payment of all costs, be pooled together for distribution as follows:
(A) A fair market value shall be assigned to all items of property other than money in such pool; and a total value shall be established for the pool by adding together the fair market value of all such property in the pool and the amount of money in the pool;
(B) The pool shall be distributed pro rata to the state and to local governments, according to the role which their law enforcement agencies played in the seizure of the assets; provided, however, that the amount distributed to the state shall not be greater than 50 percent of the amount distributed;
(C) An order of distribution provided for in this subsection shall be submitted by the district attorney to the court for approval;
(D) (i) Money distributed to a local government pursuant to this subsection shall be paid into the general fund of the local government for such use or dispo sition as outlined in division (iii) of this subparagraph.
(ii) Property distributed in kind to a local government under the provisions of this Code section shall be turned over to the local governing authority for such use or disposition as outlined in division (iii) of this subparagraph.
(iii) Property distributed under division (i) or (ii) of this subparagraph shall be passed through to the local law enforcement agency until the sum equals 33 Va percent of the amount of local funds appropriated to the agency for the fiscal year in which such funds are distributed. Proceeds received may be used for any offi cial law enforcement purpose, except for the payment of regular salaries, at the discretion of the chief officer of the local law enforcement agency. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations. The local governing authority shall expend any remaining proceeds for any law enforcement purpose; drug treatment, rehabilitation, preven
tion, education, or any other program which responds to problems created by drug
or substance abuse; or use as matching funds for grant programs related to drug treatment or prevention; or any combination thereof.
(iv) Any law enforcement agency receiving property under this Code section shall submit an annual report to the local governing authority. The report shall
be submitted with the agency's budget request and shall itemize the property received during the fiscal year and the utilization made thereof;
(E) Money distributed to the state pursuant to this subsection shall be paid into the general fund of the state treasury, it being the intent of the General Assembly
474
JOURNAL OF THE HOUSE,
that the same be used, subject to appropriation from the general fund in the man ner provided by law, for funding of law enforcement agency programs and particu larly for funding of advanced drug investigation training for law enforcement officers; and
(F) Property distributed in kind to the state pursuant to this subsection may be designated by the Attorney General, with the approval of the court, for use by such agency of the state as may be appropriate or, otherwise, shall be turned over to the Department of Administrative Services for such use or disposition as may be deter mined by the commissioner of the Department of Administrative Services, (v) An acquittal or dismissal in a criminal proceeding does not preclude civil pro ceedings under this article. (w) For good cause shown, the court may stay civil forfeiture proceedings during the criminal trial resulting from a related indictment or information alleging a violation of this article. (x) (1) The court shall order the forfeiture of any property of a claimant or defend ant up to the value of property found by the court to be subject to forfeiture under the provisions of this Code section if any of the forfeited property:
(A) Cannot be located; (B) Has been transferred or conveyed to, sold to, or deposited with a third party; (C) Is beyond the jurisdiction of the court; (D) Has been substantially diminished in value while not in the actual physical custody of the receiver or governmental agency directed to maintain custody of the property; or (E) Has been commingled with other property that cannot be divided without difficulty. (2) In addition to any other remedy provided for by law, a district attorney on behalf of the state may institute an action in any court of this state or of the United States or any of the several states against any person acting with knowledge or any person to whom notice of a lien for forfeiture of property has been provided in accord ance with subsection (j) of this Code section; to whom notice of seizure has been pro vided in accordance with subsection (i) of this Code section; or to whom notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a forfeiture lien notice or notice of seizure or after the filing and notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section, as the case may be. The state may recover judgment in an amount equal to the value of the lien but not to exceed the fair market value of the property or, if there is no lien, in an amount not to exceed the fair market value of the property, together with reasonable investigative expenses and attorneys' fees. If a civil proceeding is pending, the action must be heard by the court in which the civil proceeding is pending. (3) A district attorney may file and prosecute in any of the courts of this state or of the United States or of any of the several states such civil actions as may be neces sary to enforce any judgment rendered pursuant to this Code section. (4) No person claiming an interest in property subject to forfeiture under this arti cle may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Code section. Except as specifically authorized by this Code section, no person claiming an interest in such property may file any counterclaim or cross-claim to any action brought pursuant to this Code sec tion. (5) A civil action under this article must be commenced within five years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which either the property or defend ant is out of the state or in confinement or during which criminal proceedings relating to the same conduct are in progress. (y) Controlled substances included in Schedule I which are contraband and any con trolled substance whose owners are unknown are summarily forfeited to the state. The
MONDAY, FEBRUARY 4, 1991
475
court may include in any judgment of conviction under this article an order forfeiting any controlled substance involved in the offense to the extent of the defendant's inter est.
(z) This Code section must be liberally construed to effectuate its remedial pur poses."
Section 2. Said article is further amended by striking subsection (f) of Code Section 16-13-30.1, relating to unlawful manufacture, delivery, and distribution of noncontrolled substances, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) All property which would be subject to forfeiture under the provisions of subsec tion {a} (d) of Code Section 16-13-49 for a violation of this article which is used, or intended for use, to facilitate, or is derived from, a violation of this Code section and any noncontrolled substance which is manufactured, distributed, dispensed, possessed with the intent to distribute, or sold in violation of this Code section are declared to be contraband and there shall be no property interest therein. Any property or noncontrolled substance which is subject to the provisions of this subsection shall be for feited in accordance with the procedures of Code Section 16-13-49."
Section 3. Code Section 16-12-100 of the Official Code of Georgia Annotated, relating to sexual exploitation of children and forfeitures, is amended by striking paragraph (4) of subsection (e) of said Code section and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) The provisions of subsection {f) (u) of Code Section 16-13-49 shall apply for the disposition of any property forfeited under this subsection. In any disposition of prop erty under this subsection, a convicted person shall not be permitted to acquire property forfeited by such person."
Section 4. (a) The repeal, or repeal and reenactment, of the provisions of Code Section 16-13-49 by this Act shall not abate any cause of action which arose at any previ ous time under the provisions of said Code section prior to the effective date of this Act. Furthermore, no action for forfeiture shall be abated as a result of the provisions of this Act, and any and every such action or cause of action shall continue, subject only to the applicable statute of limitations.
(b) No property shall be subject to forfeiture pursuant to this Act where the act or omission which makes such property subject to forfeiture occurred prior to the effective date of this Act unless such property was subject to forfeiture under the laws of this state at the time such act or omission occurred.
Section 5. This Act shall become effective July 1, 1991.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield
Y Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty
Y Carrell Y Carter Y Chafm Y Chambleas
Y Cheeks Y Childers Y Clark.E Y Clark,H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Y Cummings,B N Cummings.M
Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin
Y Green Greene
Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J
476
JOURNAL OF THE HOUSE,
Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence
YLawson YLee YLong YLord
Lucas Y Lupton YMann N Martin YMcCoy Y McKelvey Y McKinney,B N McKinney.C Y Meadows
Merritt Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y 01iver,M YOrr
Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A
Y Powell,C Y Purcell
Randall YRay Y Reaves Y Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith,T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 163, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 276. By Representatives Abernathy of the 39th, Childers of the 15th, Groover of the 99th, Lee of the 72nd, Redding of the 50th and others:
A bill to amend Chapter 5 of Title 26 of the Official Code of Georgia Anno tated, relating to drug abuse treatment and education programs, so as to pro vide that the Department of Human Resources shall develop criteria for assuring priority in admissions to drug dependent pregnant females.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, so as to provide for standards for certain programs; to provide that the Department of Human Resources shall develop criteria for assuring priority in admissions and access to services to drug or alcohol dependent preg nant females; to provide that each program licensed or funded by the department shall give priority in admissions to drug or alcohol dependent pregnant females; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, is amended by striking Code Section 26-5-5, relating to the promulgation of minimum standards of quality and services for each class of program, and inserting in lieu thereof a new Code Section 26-5-5 to read as fol lows:
"26-5-5. The department shall create and promulgate minimum standards of quality and services for each designated class of programs. At least the following areas shall be covered in the rules and regulations:
(1) Adequate and safe buildings or housing facilities where programs are offered; (2) Adequate equipment for the delivery of programs; (3) Sufficient trained or experienced staff who are competent in the duties they are to perform; (4) The content and quality of services to be provided;
MONDAY, FEBRUARY 4, 1991
477
(5) Requirements for intake, discharge, and aftercare of drug-dependent drug or alcohol dependent persons;
(6) Referral to other appropriate agencies; (7) Continuing evaluation of the effectiveness of programs; (8) Maintenance of adequate records on each drug-dependent drug or alcohol dependent person treated or advised; and (9) A formal plan of cooperation with other programs in the state to allow for con tinuity of care for drug-dependent drug or alcohol dependent persons?; and (10) Criteria for providing priority in access to services and admissions to programs for drug or alcohol dependent pregnant females."
Section 2. Said chapter is further amended by adding at the end thereof a new Code section to be designated Code Section 26-5-20 to read as follows:
"26-5-20. Any program licensed or funded by the department under this chapter shall implement a priority admissions policy for the treatment of drug or alcohol depen dent pregnant females which provides for immediate access to services for any such female applying for admission which access shall be contingent only upon the availabil ity of space."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett.B
Y Barnett.M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless
Cheeks Y Childers Y Clark,E
Y Clark.H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis.M Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y Lane,R Y Langford Y Lawrence
Y Lawson YLee
Long YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Y Merritt
Milam
Y Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller
Y Oliver,C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Y Redding Y Ricketson
Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L
Y Smith,P Y Smith.T Y Smith,W Y Smyre YSnow
Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall YWare
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
478
JOURNAL OF THE HOUSE,
The following Resolution of the House was taken up for the purpose of considering the Senate substitute thereto:
HR 15. By Representative Lane of the 27th:
A resolution ratifying the alteration of regional development center bounda ries established by the Board of Community Affairs.
The following Senate substitute was read:
A RESOLUTION
Ratifying the alteration of regional development center boundaries established by the Board of Community Affairs; to provide an effective date; and for other purposes.
WHEREAS, subsection (f) of Code Section 50-8-4 of the Official Code of Georgia Annotated authorizes the Board of Community Affairs to determine and establish, from time to time, the territorial boundaries for the region of operation by each regional devel opment center and provides that any action of the board altering the boundaries of a regional development center shall not become effective until approved by the General Assembly at the next regular session following such action by the board; and
WHEREAS, Fayette County has petitioned the Board of Community Affairs to trans fer from the Mclntosh Trail regional development center to the Atlanta Regional Commis sion; and
WHEREAS, on September 12, 1990, the Board of Community Affairs adopted a reso lution granting formal approval to Fayette County's transfer into the Atlanta Regional Commission and providing for such transfer to become effective on July 1, 1991, if approved by the General Assembly; and
WHEREAS, the request for legislative approval of said transfer has been submitted to the General Assembly in accordance with subsection (f) of Code Section 50-8-4 and it is the desire of this General Assembly to ratify and approve said transfer.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the transfer of Fayette County from the Mclntosh Trail regional develop ment center to the Atlanta Regional Commission, to become effective on July 1, 1991, and alteration of the territorial boundaries, to become effective on July 1, 1991, for the region of operation by such regional development centers adopted and approved by the Board of Community Affairs on September 12,1990, is ratified and approved.
BE IT FURTHER RESOLVED that this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Representative Lane of the 27th moved that the House agree to the Senate substitute to HR 15.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford
Y Atkins Y Baker
Balkcom
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Brush Y Buck
Y Buckner Y Byrd Y Campbell Y Canty
Y Carrell Y Carter Y Chafin
Y Chambless Cheeks
Y Childers Y Clark.E Y Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings.B
Y Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn
Edwards
Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden
MONDAY, FEBRUARY 4, 1991
479
Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
Y King Y Kingston Y Klein Y Ladd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord
Lucas Y Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
On the motion, the ayes were 168, nays 0. The motion prevailed.
Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Stephens
Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y WilliamsJ Y Williams.R Y Yeargin
Murphy,Spkr
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Insurance and referred to the Committee on Motor Vehicles:
HB 494. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Code Section 40-3-36 of the Official Code of Georgia Anno tated, relating to cancellation of a certificate of title and salvage certificates of title, so as to provide that an insurance company may not pay and an owner may not receive payment of a total loss settlement for a vehicle which has extensive damage until the title for such vehicle is submitted to the com missioner of revenue for cancellation or for issuance of a salvage title.
Representative Reaves of the 147th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 475 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman
Representative Pinkston of the 100th District, Chairman of the Committee on Banks & Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the follow ing recommendations:
480
JOURNAL OF THE HOUSE,
SB 34 Do Pass SB 35 Do Pass
Respectfully submitted, /s/ Pinkston of the 100th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 259 Do Pass, by Substitute HB 347 Do Pass HB 374 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Cummings of the 17th District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 346 Do Pass HB 441 Do Pass
HB 483 Do Pass HB 484 Do Pass
Respectfully submitted, /s/ Cummings of the 17th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 111 Do Pass HR 187 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
MONDAY, FEBRUARY 4, 1991
481
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 287 Do Pass HB 369 Do Pass HB 476 Do Pass
Respectfully submitted, M Lane of the 27th
Chairman
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
482
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, February 5, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend David F. Perkins, Jr., Pastor, Antioch Christian Church, Watkinsville, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 542. By Representative McKinney of the 35th: A bill to amend an Act providing for the appointment of chief deputies by certain county officers of Fulton County, so as to delete the sheriff of Fulton County from the provisions of said Act.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 543. By Representative Martin of the 26th: A bill to amend Code Section 44-3-80 of the Official Code of Georgia Anno tated, relating to liabilities for common expenses and how assessments are made for condominium units, so as to provide that the holder of a first or secondary purchase money mortgage of record, provided that neither the grantee nor any successor grantee on any such secondary purchase money mortgage was the seller of the unit, shall not be liable for a lien assessed under this Code section.
Referred to the Committee on Special Judiciary.
TUESDAY, FEBRUARY 5, 1991
483
HB 544. By Representative Martin of the 26th:
A bill to provide for the creation of one or more community improvement districts in the City of Atlanta, Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 545. By Representative Birdsong of the 104th:
A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Anno tated, relating to taxation of intangibles, so as to increase the tax rate appli cable to certain transfers of real property; to increase the tax rates applicable to certain types of intangible personal property.
Referred to the Committee on Ways & Means.
HB 546. By Representatives Childers of the 15th and Barnett of the 10th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning, so as to change the provisions whereby certain revocation orders of the Department of Human Resources will operate to revoke automatically a health care facility's certificate of need or authorization to operate.
Referred to the Committee on Health & Ecology.
HB 547. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to amend various provisions of such title relating to child support and enforcement of the duty of support by the Department of Human Resources.
Referred to the Committee on Judiciary.
HB 548. By Representative Lane of the 27th:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition, construction, and maintenance of airports and landing fields by counties and municipalities, so as to pro hibit the acquisition of property by condemnation outside the territorial boundaries of the county or municipality for a certain period of time.
Referred to the Committee on State Planning & Community Affairs.
HB 549. By Representatives Dixon of the 128th, Pelote of the 127th, Bordeaux of the 122nd, Mueller of the 126th, Kingston of the 125th and others:
A bill to amend an Act creating a new charter for the City of Garden City, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
484
JOURNAL OF THE HOUSE,
HB 550. By Representatives Smyre of the 92nd, Oliver of the 53rd, McKelvey of the 15th and Martin of the 26th:
A bill to amend Part 1 of Article 6 of Chapter 9 of Title 34, relating to the payment of compensation for medical attention, so as to authorize the assess ment of a penalty against an employer for the failure to pay medical benefits within a certain time period.
Referred to the Committee on Judiciary.
HB 551. By Representatives Smyre of the 92nd and Green of the 106th:
A bill to amend Code Section 47-12-42 of the Official Code of Georgia Anno tated, relating to spouses' benefits under the District Attorneys Retirement Fund of Georgia for district attorneys emeritus, so as to provide an option for spouses' benefits for persons presently receiving salaries as district attor neys emeritus.
Referred to the Committee on Retirement.
HB 552. By Representatives Clark of the 13th, Ware of the 77th, Long of the 142nd, Patten of the 149th, McKinney of the 35th and others:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Anno tated, relating to retirement allowances under the Georgia Legislative Retire ment System, so as to change the provisions relating to the retirement allowance.
Referred to the Committee on Retirement.
HB 553. By Representative Breedlove of the 60th:
A bill to amend an Act providing a new charter for the City of Norcross, so as to establish a council-manager form of government.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 554. By Representatives King of the 72nd, Childers of the 15th and Buckner of the 72nd:
A bill to amend Code Section 17-10-15 of the Official Code of Georgia Anno tated, relating to H1V testing of persons who commit AIDS transmitting crimes, so as to require those tests upon indictment for such crimes.
Referred to the Committee on Health & Ecology.
HB 555. By Representatives Birdsong of the 104th, Dixon of the 128th, Streat of the 139th, Stanley of the 33rd and Heard of the 43rd:
A bill to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for immunity from liability of certain persons who provide volunteer transportation services.
Referred to the Committee on Judiciary.
HB 556. By Representatives Skipper of the 116th, Stephens of the 68th, Holland of the 136th, Walker of the 113th, Thurmond of the 67th and others:
A bill to amend Code Section 53-2-40.1 of the Official Code of Georgia Anno tated, relating to self-proved wills, so as to require a will to be executed in compliance with the formalities required by the laws of this state in order to be made self-proved.
Referred to the Committee on Judiciary.
TUESDAY, FEBRUARY 5, 1991
485
HB 557. By Representatives Oliver of the 121st, Bargeron of the 108th, Godbee of the 110th, Barfoot of the 120th, Poston of the 2nd and others:
A bill to amend Code Section 20-2-188 of the Official Code of Georgia Anno tated, relating to student transportation costs under the "Quality Basic Edu cation Act," so as to change the provisions relating to minimum salaries for school bus drivers.
Referred to the Committee on Education.
HB 558. By Representatives Patten of the 149th, Long of the 142nd and Floyd of the 135th:
A bill to amend Chapter 51 of Title 43 of the Official Code of Georgia Anno tated, relating to water and wastewater treatment plant operators and labo ratory analysts, so as to amend the automatic repeal of such chapter; to define certain terms.
Referred to the Committee on Natural Resources & Environment.
HB 559. By Representatives Smith of the 156th and Green of the 106th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide for a Divi sion of Irrigation Contractors.
Referred to the Committee on Industry.
HB 560. By Representative Colwell of the 4th:
A bill to amend an Act entitled "To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceed ings, so as to provide a definition of incorrigible child; to provide for the right to counsel of a child who has been determined by the Department of Human Resources to be incorrigible".
Referred to the Committee on Judiciary.
HB 561. By Representatives Smith of the 156th, Green of the 106th and Langford of the 7th:
A bill to amend Code Section 12-5-127 of the Official Code of Georgia Anno tated, relating to licensing of water well contractors and applications there for, so as to change the provisions relating to proof of experience in the water well construction business.
Referred to the Committee on Natural Resources & Environment.
HB 562. By Representatives Twiggs of the 4th, Kilgore of the 42nd and Coleman of the 118th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to prescribed courses in elementary and secondary schools on the effects of alcohol, so as to change certain provisions regarding the respon sibility for the teaching of such alcohol and drug courses.
Referred to the Committee on Education.
486
JOURNAL OF THE HOUSE,
HB 563. By Representative Holland of the 136th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Anno tated, relating to exemption from real estate transfer tax of certain deeds and instruments, so as to provide that the distribution of real estate to beneficia ries of a will or to heirs at law pursuant to the administration of an estate shall be exempt from such property transfer tax.
Referred to the Committee on Judiciary.
HB 564. By Representative Parham of the 105th:
A bill to amend Part 1 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to petroleum products, so as to provide for the labeling of gasoline products containing alcohol.
Referred to the Committee on Industry.
HB 565. By Representative Holland of the I36th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions applicable to the General Assembly, so as to provide that a notice of intention to introduce local legislation shall be mailed to the governing authority of each local government affected by the bill.
Referred to the Committee on Rules.
HB 566. By Representatives Coker of the 21st, Aiken of the 21st, Vaughan of the 20th, Snow of the 1st, Atkins of the 21st and others:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confine ment, so as to make it a felony offense for any person to escape from a jail, a correctional facility, a pretrial confinement facility, or a detention facility.
Referred to the Committee on Special Judiciary.
HB 567. By Representatives Coker of the 21st, Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st and Clark of the 20th (Post 4):
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide that a person who is con victed of the offense of public indecency three or more times shall be guilty of a felony.
Referred to the Committee on Special Judiciary.
HB 568. By Representatives Green of the 106th, Ricketson of the 82nd, Kilgore of the 42nd and Benefield of the 72nd:
A bill to amend Code Section 40-8-27 of the Official Code of Georgia Anno tated, relating to the requirement for a light or flag on a projecting load, so as to require a florescent orange flag not less than 18 inches square on cer tain loads projecting beyond the rear of a motor vehicle.
Referred to the Committee on Transportation.
TUESDAY, FEBRUARY 5, 1991
487
HB 569. By Representatives Walker of the 113th, Skipper of the 116th, Holland of the 136th, Campbell of the 23rd, Walker of the 115th and others:
A bill to amend Code Section 44-7-51 of the Official Code of Georgia Anno tated, relating to the issuance of summons, service, answers, defenses, and counterclaims in dispossessory proceedings, so as to provide that a clerk or deputy clerk of the magistrate court may grant and issue such summons.
Referred to the Committee on Judiciary.
HB 570. By Representative Thurmond of the 67th:
A bill to amend Code Section 48-9-10 of the Official Code of Georgia Anno tated, relating to refunds of motor fuel taxes, so as to change certain provi sions regarding refunds to certain sellers of motor fuel at retail.
Referred to the Committee on Ways & Means.
HB 571. By Representative Stephens of the 68th:
A bill to amend Code Section 17-3-1 of the Official Code of Georgia Anno tated, relating to limitations on prosecutions generally, so as to remove the limitation on prosecutions of felonies committed against victims under age 14.
Referred to the Committee on Judiciary.
HB 572. By Representatives Davis of the 29th, McKinney of the 35th, Holmes of the 28th, Sinkfield of the 37th and Stanley of the 33rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, so as to create the office of senior judge of the juvenile court.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 486 HB 487 HB 488 HB 489 HB 490 HB 491 HB 492 HB 493 HB 494 HB 495 HB 496 HB 497 HB 498 HB 499 HB 500 HB 501 HB 502 HB 503 HB 504 HB 505
HB 506 HB 507 HB 510 HB 511 HB 512 HB 513 HB 514 HB 515 HB 516 HB 517 HB 518 HB 519 HB 520 HB 521 HB 522 HB 523 HB 524 HB 525 HB 526 HB 527
488
JOURNAL OF THE HOUSE,
HB 528 HB 529 HB 530 HB 531 HB 532 HB 533
rlJo Oo4
HB 535 HHBB 553367
HB 538
HB 539
HB 540
HB 541
HR 188
HR 189
HR 190 HR 209 HR 210 HR 211 HR 212 SB 54
CD c*7
gg go CbB1J ,,7<,,J
SB 83
SB 87
SB 119
SR 31
SR 32
SR 56
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 464 Do Pass HR 30 Do Pass
Respectfully submitted, Isl Lane of the 27th
Chairman
By unanimous consent, the following Bill and Resolution of the House were taken up for consideration and read the third time:
HB 464. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, approved August 9, 1917, so as to change the compensation and salary of the chairman of the board of commissioners.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 30. By Representatives Redding of the 50th, Sinkfield of the 37th, McKinney of the 35th, McKinney of the 40th, Thomas of the 31st and others:
A resolution expressing support for the efforts of the City of Atlanta to restore, revitalize, and redevelop Auburn Avenue.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
TUESDAY, FEBRUARY 5, 1991
489
On the adoption of the Resolution, the ayes were 110, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 48. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide that the appointment of the administrator of the Georgia War Veter ans Nursing Home in Augusta, Georgia, and the director of the Georgia State War Veterans' Home in Milledgeville, Georgia, shall be subject to approval by the Veterans Service Board.
SB 68. By Senators Hammill of the 3rd, Coleman of the 1st, English of the 21st and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change certain language in reference to per sonal attendant care programs; to change a short title; to change a purpose; to change a definition; to change the authority of the Division of Rehabilita tion Services of the Department of Human Resources; to change standards and guidelines.
SB 85. By Senator Ramsey of the 54th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to pro vide that an additional grand jury panel may be summoned upon application by the district attorney to the chief judge; to provide the procedures for impaneling the additional grand jury; to provide the period that a second grand jury may serve.
SB 97. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Pol icy Act"; to provide for a short title; to provide for findings; to provide for definitions; to provide for the disclosure of the environmental impacts of pro posed state programs and projects.
SB 102. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Anno tated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Envi ronmental Advisory Council; to provide for the composition of such council.
490
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 48. By Senator Kidd of the 25th:
A bill to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide that the appointment of the administrator of the Georgia War Veter ans Nursing Home in Augusta, Georgia, and the director of the Georgia State War Veterans' Home in Milledgeville, Georgia, shall be subject to approval by the Veterans Service Board.
Referred to the Committee on Defense & Veterans Affairs.
SB 68. By Senators Hammill of the 3rd, Coleman of the 1st, English of the 21st and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change certain language in reference to per sonal attendant care programs; to change a short title; to change a purpose; to change a definition; to change the authority of the Division of Rehabilita tion Services of the Department of Human Resources; to change standards and guidelines.
Referred to the Committee on Health & Ecology.
SB 85. By Senator Ramsey of the 54th:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries in general, so as to pro vide that an additional grand jury panel may be summoned upon application by the district attorney to the chief judge; to provide the procedures for impaneling the additional grand jury; to provide the period that a second grand jury may serve.
Referred to the Committee on Judiciary.
SB 97. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Pol icy Act"; to provide for a short title; to provide for findings; to provide for definitions; to provide for the disclosure of the environmental impacts of pro posed state programs and projects.
Referred to the Committee on Natural Resources & Environment.
SB 102. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Anno tated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Envi ronmental Advisory Council; to provide for the composition of such council.
Referred to the Committee on Natural Resources & Environment.
TUESDAY, FEBRUARY 5, 1991
491
Representative Groover of the 99th moved that the House reconsider its action in giv ing the requisite constitutional majority to the following Bill of the House:
HB 200. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to specify the types of funds which shall be used to pay qualifying fees.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy
Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Clark.L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G
Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover
Y Dunn Y Edwards Y Elliott
Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee
Golden N Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton N Hammond Y Hanner Y Harris.B Y Harris,J Y Heard N Henson
Y Herbert N Hightower Y Holland N Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Klein YLadd Y Lane,D Y Lane.R Y Langford N Lawrence N Lawson YLee
YLong Lord Lucas
E Lupton YMann
Martin
Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Y Milam N Mills
On the motion, the ayes were 134, nays 15. The motion prevailed.
Y Mobley Y Moody N Morsberger N Moultrie Y Mueller Y Oliver.C
Oliver.M NOrr
Orrock Y Padgett
Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit N Pinholster
Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
Ray Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Smith.L
Y Smith,P Y Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F N Stancil.S
Stanley Y Stephens
Y Street N Taylor Y Teper Y Thomas.C
Y Thomas.M Thomas.N Thurmond
N Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti
Y Vaughan Y Walker.J Y Walker.L Y Wall
Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
Under the general order of business, the following Bill and Resolution of the House were taken up for consideration and read the third time.
HB 271. By Representative Pettit of the 19th:
A bill to amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to change the pro visions relating to criminal possession of an incendiary; to provide for the offense of criminal possession of an explosive device.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
492
JOURNAL OF THE HOUSE,
Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Canty Y Carrell
Y Carter Y Chafin
Y Chambless Y Cheeks
Y Childers Y Clark.E Y Clark.H
Y Clark,L Y Coker
Y Coleman Colwell
Y Connell
Y Culbreth Y Cummings,B
Cumminga.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston
Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas E Lupton Y Mann
Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Y Skipper Y Smith.L
Y Smith,P Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan
Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HR 19. By Representatives Smith of the 156th, Green of the 106th, Dixon of the 128th, Oliver of the 121st, Purcell of the 129th and others:
A resolution relating to wetlands.
The following Committee substitute was read and adopted:
A RESOLUTION
Relating to wetlands; and for other purposes.
WHEREAS, wetlands serve vital environmental functions in maintaining water qual ity, supporting wildlife and fisheries, both freshwater and marine, and protect property and lives against flood damage; and
WHEREAS, Georgia has some five million acres of wetlands, including over 600,000 acres of tidal marshlands along the Atlantic Coast; and
WHEREAS, preservation, protection, and restoration of wetlands is in the vital inter est of the State of Georgia; and
WHEREAS, the definition and permitting of wetlands is carried out under Section 404 of the federal Clean Water Act, administered by the United States Army Corps of Engineers and the Environmental Protection Agency; and
WHEREAS, a new "interpretive manual" was adopted in 1989 by four federal agen cies for application in delineating wetlands and reviewing permits under the Section 404 program; and
TUESDAY, FEBRUARY 5, 1991
493
WHEREAS, this manual has resulted in the definition of wetlands subject to the Sec tion 404 program increasing from some 30 percent to about 80 percent of the land area of coastal Georgia; and
WHEREAS, land classified as wetlands using the manual's criteria is greatly restricted in terms of development opportunities, yet there are no provisions for compensating prop erty owners for the loss of market value of their land; and
WHEREAS, there are costly delays associated with the delineation of wetlands and the review of permit applications, sometimes amounting to a year or more; and
WHEREAS, areas defined as jurisdictional wetlands under the manual's criteria include land with little or no environmental value as functional wetlands; and
WHEREAS, the Section 404 program provides for wetlands "mitigation" by preserv ing, restoring, or creating wetlands in cases where jurisdictional wetlands are disturbed or destroyed under permitted activities; and
WHEREAS, the State of Georgia will incur significant loss of land suitable for devel opment, and local governments will suffer severe decreases in property taxes under the manual's definition of wetlands; and
WHEREAS, the state-wide planning and development legislation (H.B. 215) adopted by the General Assembly at the 1989 session includes requirements for considering wet lands in local comprehensive plans, and state wetlands mapping is not consistent with the federal definition of wetlands under the Section 404 program.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that:
(1) Appropriate state agencies should work with agencies of the federal govern ment to adopt a more reasonable and environmentally responsible definition of freshwater wetlands as soon as possible;
(2) The state should not further penalize areas inappropriately defined as wetlands by giving them lower priority ranking in any state funding programs;
(3) Georgia must not allow any physiographic region of the state to serve as a wet lands "mitigation" area for any other physiographic region of the state;
(4) The state should develop an explicit wetlands policy while also managing wet lands through advanced planning of the Regional Development Centers under the 1989 state-wide planning and development legislation;
(5) Members of the Georgia delegation to the United States Congress should sup port and secure the passage of proposed federal legislation, being cosponsored by Con gressman Lindsay Thomas, the "Comprehensive Wetlands Conservation and Management Act," which would establish a cohesive federal wetlands policy; and
(6) Georgia should join with other states in forming a national coalition in support of a more consistent, environmentally responsible, and equitable federal wetlands management program.
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 Zell Miller, Governor of the State of Georgia, each member of the Georgia delegation to the United States Congress, the Commissioner of Natural Resources, the Commissioner of Community Affairs, the United States Army Corps of Engineers, and the United States Environmental Protection Agency.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
494
JOURNAL OF THE HOUSE,
Abernathy
Y Adams YAiken
Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B
Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch
Breedlove Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless
Y Cheeks Y Childers Y Clark.E
Y Clark,H
Y Clark,L Y Coker
Y Coleman Cohvell
Y Connell Y Culbreth Y Cummings.B
Cummings,M Davis.G Y Davis,M Y Dixon,H Y Dixon,S Dobbs Y Dover
YDunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B
Y Harris,J Y Heard N Henson
Y Herbert Y Hightower Y Holland
N Holmes Y Howard
Y Hudson N Irwin
Y Jackson Jamieson
N Jenkins Y Jones Y Kilgore
YKing N Kingston Y Klein YLadd Y Lane.D
Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton YMann N Martin Y McCoy Y McKelvey N McKinney,B N McKinney.C Y Meadows
Merritt Milam Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C
Oliver.M
NOrr Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell YRandall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill N Simpson Y Sinkfield Y Skipper Y Smith.L
Y SmithJP Y Smith.T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Stephens Y Streat Y Taylor NTeper Y Thomas.C Thomas,M Y Thomas.N Y Thurmond
N Titus Y Tolbert
Townsend Turnquest Twiggs N Valenti Y Vaughan Y Walker,J Y Walker.L N Wall Ware Y Watson Y Watts Y White Y Wilder Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, by substitute, the ayes were 135, nays 14.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Stephens of the 68th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Lord of the 107th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 241 Do Pass, by Substitute HR 105 Do Pass
Respectfully submitted, /s/ Lord of the 107th
Chairman
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
TUESDAY, FEBRUARY 5, 1991
495
HR 152. By Representatives Godbee of the 110th and Lane of the lllth:
A resolution commending the Georgia Southern University football team for winning the 1990 NCAA Division I-AA national championship and inviting the members of the team to appear before the House of Representatives.
HR 153. By Representatives Godbee of the 110th and Lane of the lllth:
A resolution commending Georgia Southern University Head Coach Tim Stowers and inviting him to appear before the House of Representatives.
Under the general order of business, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 134. By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits with respect to landlords and tenants, so as to change the provisions relating to liability for rent of military personnel receiving change of duty orders.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken
Y Alford Y Atkins Y Baker
Y Balkcom YBarfoot Y Bargeron
Barnett.B N Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E
Y Clark,H
Y Clark,L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Fennel Y Floyd,J.M
Y Floyd,J.W Flynt
Y Godbee Y Golden Y Goodwin
Y Green Y Greene
Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson
Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston
Y Klein YLadd Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas E Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M
YOrr
Orrock
Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Y Skipper Y Smith.L
Y Smith.P Smith.T
Y Smith.W Y Smyre
Snow
Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L YWall Y Ware Y Watson
Y Watts Y White Y Wilder
Y Williams.B Williams.J
Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 146, nays 1. The Bill, having received the requisite constitutional majority, was passed.
496
JOURNAL OF THE HOUSE,
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye"
thereon.
HB 179. By Representatives Parham of the 105th, Parrish of the 109th, Chafm of the 72nd, Atkins of the 21st and Twiggs of the 4th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to include as Schedule III con trolled substances anabolic steroids and certain other substances which promote muscle growth.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to include as Schedule III controlled substances anabolic steroids and certain other substances which promote muscle growth; to change the listing of dangerous drugs; to repeal a definition of "anabolic steroid" and certain penalties relat ing to conduct involving such substances; 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 13 of Title 16 of the Official Code of Georgia Annotated, relat ing to controlled substances, is amended by adding at the end of Code Section 16-13-27, relating to the listing of Schedule III controlled substances, a new paragraph to read as follows:
"(6) Any anabolic steroid or any salt, ester, or isomer of a drug or substance described or listed in this paragraph, if that salt, ester, or isomer promotes muscle growth. Such term does not include an anabolic steroid which is expressly intended for administration through implants to cattle or other nonhuman species and which has been approved by the Secretary of Health and Human Services for such administration:
(A) Boldenone; (B) Chlorotestosterone; (C) Clostebol; (D) Dehydrochlormethyltestosterone; (E) Dihydrotestosterone; (F) Drostanolone; (G) Ethylestrenol; (H) Fluoxymesterone; (I) Formebolone; (J) Mesterolone; (K) Methandienone; (L) Methandranone; (M) Methandriol; (N) Methandrostenolone; (0) Methenolone; (P) Methyltestosterone; (Q) Mibolerone; (R) Nandrolone; (S) Norethandrolone; (T) Oxandrolone; (U) Oxymesterone; (V) Oxymetholone; (W) Stanolone; (X) Stanozolol;
TUESDAY, FEBRUARY 5, 1991
497
(Y) Testolactone; (Z) Testosterone; (AA) Trenbolone."
Section 2. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs:
"(375) Ethylestrenol; (399) Fluoxymesterone; (576) Methandriol; (577) Methandrostenolone; (606) Methyltestosterone; (636) Nandrolone; (651) Norethandrolone; (667) Oxandrolone; (673) Oxymetholone; (887) Stanozolol; (934) Testolactone; (935) Testosterone;", and inserting in those numbered paragraphs the following: "Reserved;", and by adding in the appropriate positions in said subsection the following paragraphs: "(24.6) Altretamine; (91.5) BepridilHCL; (239.5) Dapiprazole HCL; (318.5) Doxazorin Mesylate; (389.5) Fluconazole; (402.7) Fluticasone Propionate; (433.5) Halobetasol Propionate; (464.1) Idarubicin HCL; (506.5) Isradipine; (515.5) Levamisole HCL; (624.7) Moricizine HCL; (630.5) Nafarelin; (661.7) Ofloxacin; (663.3) Olsalazine Sodium; (733.5) Pipecuronium; (855.5) Sermorelin Acetate;".
Section 3. Said chapter is further amended by striking Code Section 16-13-71.1, which reads as follows:
"16-13-71.1. For purposes of this article, the term 'anabolic steroid' means the natu rally occurring androgens or derivative of androstance and testosterone and its esters, including but not limited to methyltestosterone, nandrolone, oxymetholone, oxandrolone, dromostanolone, ethylestrenol, and Stanozolol."
Section 4. Said chapter is further amended by striking Code Section 16-13-79, relating to violations concerning dangerous drugs, and inserting in its place a new Code section to read as follows:
"16-13-79. {a)--Except as provided subsections (b) and (e} ef- this Code section, ay Any person who violates this article shall be guilty of a misdemeanor.
\i&7--Any person wno ctistn DUves of possesses witn ttte' mien* v& QISIPIDutc ctny &HQDone steroid IOF use otiief tiifln m ttte t/refltmenr ot discASe pursusnt v& me order or a licensed physician ef any ase proscribed by a licensed veterinarian for animal use shatt
by a fine net to eseeed $6,000.00, or bethr \c/--Any person WHO uistriDutes of posse930s witii ine intent vO ciistriDUve to &ny per"
498
JOURNAL OF THE HOUSE,
treatment ef disease pursuant te the efder of tt practitioner shall be- punished by- impris-
$10,000.00, er betfe" Section 5. This Act shall become effective upon its approval by the Governor or
upon its becoming law without such approval. Section 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark,E Y Clark,H
Clark,L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Fennel Y Floyd,J.M Y Floyd,J.W Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt
Y Milam Y Mills
Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston
Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding
Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 151, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Blitch of the 150th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 220. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 15-2-4 of the Official Code of Georgia Anno tated, relating to place of sessions and terms of the Supreme Court, so as to change a motion for a rehearing to a motion for reconsideration.
TUESDAY, FEBRUARY 5, 1991
499
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd
Campbell Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Y Clark,L Y Coker
Coleman
Y Colwell Y Connell Y Culbreth
Cummings.B Cummings.M Davis.G Y Davis,M Y Dixon.H Y Dixon,S
Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Fennel Y FloydJ.M Y Floyd,J.W Flynt Y Godbee Y Golden
Y Goodwin Y Green Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y HarrisJ Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas
E Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Par ham Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell.A Y PowelLC Y Purcell YRandall
YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith.W
Smyre Snow Y Stancil.F Y Stancil.S Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 374. By Representatives Murphy of the 18th, Cummings of the 17th and Watts of the 41st:
A bill to amend Code Section 15-6-3 of the Official Code of Georgia Anno tated, relating to the terms of court for the superior courts of the state, so as to change the terms for the superior courts of the Tallapoosa Judicial Cir cuit.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Alford
Y Atkins
Y Baker Balkcom Barfoot
Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Benefield
Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove
500
JOURNAL OF THE HOUSE,
Y Brooks Y Brown
Brush YBuck Y Buckner YByrd
Campbell Canty Y Carrell Y Carter Y Chafm Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis.G Y Davis,M Y Dizon.H Y Diion,S YDobbs Y Dover YDunn Y Edwards
Y Elliott Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harri8,B
Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd YLane.D
Y Lane,R Y Langford
Y Lawrence Y Lawson
YLee YLong YLord
Lucas E Lupton YMann Y Martin
YMcCoy Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Y Merritt
YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell.A
Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith.T Y Smith.W
Smyre
YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Y Walker.L YWall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 476. By Representative Groover of the 99th:
A bill to amend Code Section 36-12-5 of the Official Code of Georgia Anno tated, relating to interment of deceased indigent persons, so as to allow the amount of expense incurred by the county governing authority for interment of deceased indigent persons to be determined at the discretion of the gov erning authority of each county without limitation linked to the population of the county.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker
Balkcom Barfoot Bargeron Y Barnett,B Y Barnett.M
Bates Y Beatty Y Benefleld
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks
Y Brown Y Brush YBuck Y Buckner YByrd
Campbell Canty Y Carrell Y Carter Y Chafm
Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark,H
Clark,L Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis,G Y Davis.M Y Dixon.H
Y Dixon.S YDobbs Y Dover
YDunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt Y Godbee Y Golden
Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J Y Heard
Henson Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
E Lupton YMann
Martin
TUESDAY, FEBRUARY 5, 1991
501
YMcCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston
Powell,A Y Powell.C Y Purcell
Y Randall
YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith,L Y Smith,? Y Smith/I Y Smith,W
Y Smyre
YSnow Stancil.F
Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall YWare
Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The Speaker Pro Tern assumed the Chair.
HB 70. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, relating to cases in which an application for an appeal is required, so as to change the provisions relating to appeals in actions for damages in which the judgement is less than a certain dollar amount.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker
Balkcom Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd
Campbell Canty Y Carrel! Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H
Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Davis.G Y Davis,M Y Dixon,H Y Dixon.S
Y Dobbs Y Dover YDunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B
Y Harris,J Heard
Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson
Y Irwin Y Jackson
Jamieson Y Jenkins
Y Jones Y Kilgore YKing N Kingston Y Klein
YLadd Y Lane.D
Y Lane.R Y Langford
Y Lawrence Y Lawson
YLee YLong YLord
Lucas E Lupton
YMann Y Martin
Y McCoy Y McKelvey
McKinney,B Y McKinney.C
Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston
Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill
Y Simpson Sinkfield
Y Skipper Y Smith.L
Y Smith,P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas,C
Y Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Y WalkerJ Y Walker,L YWall
Ware Y Watson Y Watts Y White Y Wilder N Williams.B
WilliamsJ Y Williams.R Y Yeargin
Murphy.Spkr
502
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 150, nays 3. The Bill, having received the requisite constitutional majority, was passed.
HB 69. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, so as to change the bill of costs in every case carried to the Supreme Court or to the Court of Appeals to $100.00.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to certiorari and appeals to appellate courts in general, so as to change the bill of costs for application to the Supreme Court for writs of certiorari, for applications for appeals to the Supreme Court and the Court of Appeals, and for appeals to the Supreme Court or the Court of Appeals; to provide for payment of costs; to provide the costs for a withdrawn or dismissed appeal; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 5 of the Official Code of Georgia Anno tated, relating to certiorari and appeals to appellate courts in general, is amended by strik ing Code Section 5-6-4, relating to bills of costs of the Supreme Court and the Court of Appeals, which reads as follows:
"5-6-4. The bill of costs in every case carried to the Supreme Court or to the Court of Appeals and heard therein shall be $30.00. In every case carried to the courts and withdrawn or dismissed on or before the case is called for argument, the bill of costs shall be $20.00. Upon filing his original brief, counsel for appellant shall: (1) pay all costs due in the case; (2) file with his brief a statement that an affidavit of indigence has been duly filed; or (3) file with this brief his own affidavit that he was appointed to represent the defendant by the trial court because of the defendant's indigency. The clerk is prohibited from receiving the brief of the appellant unless the costs have been paid or a sufficient affidavit of indigence is contained in the record or filed with the brief.", in its entirety and inserting in lieu thereof the following:
"5-6-4. The bill of costs for every application to the Supreme Court for a writ of cer tiorari or for applications for appeals filed in the Supreme Court or the Court of Appeals or appeals to the Supreme Court or the Court of Appeals shall be $100.00. The costs shall be paid by counsel for the applicant or appellant at the time of the filing of the application or, in the case of direct appeals, at the time of the filing of the original brief of the appellant. In every case where the application is denied or the appeal is with drawn or dismissed, the bill of costs shall be $80.00. In those cases in which the writ of certiorari or an application for appeal is granted, there shall be no additional costs. Costs shall not be required in those instances when at the time the same are due counsel for the applicant or appellant shall file a statement that an affidavit of indigence has been duly filed or file an affidavit that he or she was appointed to represent the defend ant by the trial court because of the defendant's indigency. The clerk is prohibited from receiving the application for appeal or the brief of the appellant unless the costs have been paid or a sufficient affidavit of indigence is filed or contained in the record."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
TUESDAY, FEBRUARY 5, 1991
503
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cumnrings,M
Y Davis,G Y Davis.M Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn
Edwards Y Elliott
Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Manner Y Harris.B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock
Y Padgett Y Parham
Parrish Y Patten Y Pelote Y Perry Y Pettit
Y Pinholster Y Pinkston YPoag
Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper
Y Smith,L
Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil,S
Y Stanley Y Stephens
Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L
Y Wall Ware
Watson Y Watts Y White Y Wilder
Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 26. By Representative Godbee of the 110th:
A bill to amend Code Section 31-1-7 of the Official Code of Georgia Anno tated, relating to the marking of all dentures and other removable dental prostheses, so as to require all dentures and other removable dental prostheses to be marked with the name or social security number of the intended wearer.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable dental prostheses, so as to require all dentures and other removable permanent partial dentures to be marked with the name or social security number of the intended wearer; to provide that it shall be the duty of the Georgia Board of Dentistry to notify each person licensed to practice dentistry in this state of the requirements of this Code section; to provide for effective dates; to repeal con flicting laws; and for other purposes.
504
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-1-7 of the Official Code of Georgia Annotated, relating to the marking of all dentures and other removable permanent partial dentures, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new sub section (a) to read as follows:
"(a) Every complete upper and lower denture and removable dental prosthesis per manent partial denture fabricated by a dentist licensed in Georgia shall; pe the request ef the patient, be marked with the name or social security number of the patient for whom it is intended. The marking shall be done during fabrication and shall be per manent, legible, and cosmetically acceptable. The exact location of the marking and the methods used to apply or implant it shall be determined by the dentist."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) It shall be the duty of the Georgia Board of Dentistry to notify each person licensed to practice dentistry in this state of the requirements of this Code section. Such notification shall be mailed to the address of record of each person licensed to practice dentistry in this state."
Section 3. The provisions of Section 1 of this Act shall become effective on January 1,1992, and the remaining provisions of this Act shall become effective on July 1, 1991.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken YAlford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Y Barnett.B
Y Bamett,M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown N Brush
YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis,M Y Dixon,H
Dixon.S YDobbs
Y Dover Dunn Edwards
Y Elliott Felton
Y Fennel Y FloydJ.M Y Floyd,J.W
YFlynt YGodbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Manner Y Harris.B Y Harris,J
Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson
Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong
YLord Lucas
E Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B McKinney.C
N Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Y Pettit Y Pinholstor Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,? Y Smith.T Y Smith.W
YSmyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C
Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson
Y Watts Y White Y Wilder Y Williams,B
Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr
TUESDAY, FEBRUARY 5, 1991
505
On the passage of the Bill, by substitute, the ayes were 153, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 259. By Representatives Stephens of the 68th and Jones of the 71st:
A bill to amend Code Section 9-3-29 of the Official Code of Georgia Anno tated, relating to actions for breach of restrictive covenants, so as to expand applicability of the statute of limitations on such actions to violations of building set-back lines.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, so as to expand applicability of the statute of limitations on such actions to violations of building set-back lines contained in recorded plats; to provide that this Code section shall not affect limitations on actions in equity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to actions for breach of restrictive covenants, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 9-3-29 to read as follows:
"9-3-29. All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues. This Code section shall apply to rights of action which may accrue as a result of the violation of a building set back line. For the purpose of this Code section, the right of action shall accrue immedi ately upon the violation of the covenant restricting lands to certain uses or the violation of a set-back line provision. This Code section shall not be construed so as to extend any applicable statute of limitations affecting actions in equity."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Y Bargeron Y Barnett,B Y Barnett,M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaui Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty
Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers
Clark,E Y Clark,H Y Clark,L Y Coker Y Coleman
Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S
Y Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden
Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner
Harris.B Y Harris,J
Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones
Kilgore Y King Y Kingston Y Klein Y Ladd
Y Lane,D Y LaneJR Y Langford Y Lawrence Y Lawson Y Lee Y Long
Lord Y Lucas E Lupton Y Mann Y Martin
506
JOURNAL OF THE HOUSE,
YMcCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr
Y Orrock Padgett
Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit
Pinholster Y Pinkaton YPoag Y Porter
Y Poston Y Powell,A Y Powell,C Y Purcell
Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T
Y Smith,W Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C
Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L YWall
Ware
Y Watson Y Watts Y White
Wilder Y Williams.B
Williams.J Y Williams.R
Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 150, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Clark of the 20 (Post 4) stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 347. By Representatives Stephens of the 68th, Smith of the 78th, Thomas of the 69th and Thurmond of the 67th:
A bill to amend Code Section 33-3-28 of the Official Code of Georgia Anno tated, relating to a request by a claimant for information as to the name of the insurer, the name of each insured, and the limits of coverage, so as to provide for imposition of sanctions for failure to comply with such requests.
The following amendment was read and adopted:
Representative Kingston of the 125th moves to amend HB 347 as follows: Line 23, delete "an agent's".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken
Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Y Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefleld
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Davis.G
Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M
Floyd,J.W YFlynt
Y Godbee Y Golden
Y Goodwin N Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard
Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston
Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton YMann Y Martin
TUESDAY, FEBRUARY 5, 1991
507
YMcCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt YMilam Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Y Orrock
Y Padgett Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Y Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell,C
Y Purcell
Y Randall YRay Y Reaves Y Redding N Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P
Y Smith.T Y Smith,W Y Smyre
YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson
Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 156, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 475. By Representative Reaves of the 147th:
A bill to amend Article 5 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Boll Weevil Eradication Act of 1985," so as to provide for an exemption in cases of financial hardship; to provide that the Commissioner shall be authorized to levy and collect his own executions.
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker
Y Balkcom YBarfoot Y Bargeron Y Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter YChafm Y Chambless
Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings.B
Cummings,M
Davis.G Y Davis.M
Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Y Holmes Howard
Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas E Lupton
YMann Y Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith,L
Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker,J Y Walker,L YWall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy .Spkr
508
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 155, nays 0. The Bill, having received the requisite constitutional majority, was passed.
SB 35. By Senators Turner of the 8th, Thompson of the 33rd and Broun of the 46th:
A bill to amend Part 1 of Article 3 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the Georgia Residential Finance Authority, so as to change the definition of eligible persons and families; to change and clarify certain powers of the authority; to increase the singlefamily bonding cap; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell
Y Carter Y Chafin Y Chambleas
Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark.L
Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cumznings,B
Cummings,M Y Davis.G Y Davis.M
Dixon.H Y Diion.S Y Dobbs
Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden
Y Goodwin Y Green Y Greene
Y Griffin Y Groover
Hamilton Y Hammond
Manner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Y Pettit Y Pinholster
Y Pinkston YPoag
Porter YPoston Y Powell.A Y Powell.C Y Purcell Y Randall YRay
Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper Y Smith.L
Y Smith,P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Titus Y Tolbert Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Ware Watson Y Watts Y White Y Wilder
Williams ,B Williams,J Y Williams.R Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 346. By Representatives Cummings of the 17th and Baker of the 51st:
A bill to amend Code Section 47-3-82 of the Official Code of Georgia Anno tated, relating to reestablishing creditable service under the Teachers Retire ment System of Georgia for membership service for which contributions have been withdrawn, so as to restate and clarify certain provisions relating to the reestablishment of such creditable service.
TUESDAY, FEBRUARY 5, 1991
509
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Davis.G Y Davis,M Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y FloydJ.W YFlynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas E Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Y Perry Pettit
Y Pinholster Y Pinkston
YPoag Porter
Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Reaves
Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder
Williams.B Williams,J Y Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 484. By Representatives Cummings of the 17th, Buck of the 95th and Floyd of the 135th:
A bill to amend Code Section 47-17-22 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, so as to authorize such board to correct certain errors in records which result in an overpayment or an underpayment to a beneficiary.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong
Y Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove
Brooks Brown Y Brush
YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M
Davis.G
510
JOURNAL OF THE HOUSE,
Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt
YGodbee Y Golden Y Goodwin
Y Green Greene
Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson
Irwin Jackson Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong
YLord Y Lucas E Lupton YMann
Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston
YPoag Porter
Y Poston Y Powell.A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper Y SmithJL Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Stephens
Y Streat Y Taylor
Teper
Y Thomas.C Y Thomas.M
Y Thomas.N Thurmond
Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L YWall
Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Smyre of the 92nd District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 303 Do Pass, by Substitute
Respectfully submitted, /s/ Smyre of the 92nd
Chairman
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 281. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Anno tated, relating to certain exceptions to the prohibitions against gambling, so as to provide that such prohibitions against gambling shall not apply to cer tain games or devices.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy N Adams
Aiken
Y Alford Y Atkins Y Baker
Y Balkcom
Y Barfoot Y Bargeron
Barnett,B Y Barnett.M N Bates
Y Beatty N Benefield
Birdsong
TUESDAY, FEBRUARY 5, 1991
511
Y Blitch
Bordeaux
Bostick
N Branch
Y Breedlove Brooks
N Brown Y Brush YBuck Y Buckner
NByrd Y Campbell Y Canty NCarrell Y Carter Y Chafin Y Chambless N Cheeks Y Childers Y Clark,E Y Clark.H N Clark,L Y Coker
Coleman Colwell Connell Y Culbreth
N Cummings,B Y Cummings.M
Davis.G N Davis.M Y Diion,H
Dixon.S
N Dobbs Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel N Floyd,J.M Y Floyd,J.W YFlynt YGodbee N Golden Y Goodwin Y Green
Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Manner N Harris,B Y Harris,J N Heard Y Henson
Y Herbert Y Hightower N Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson
Jamieson
N Jenkins N Jones Y Kilgore YKing Y Kingston Y Klein YLadd N Lane,D Y Lane.R Y Langford N Lawrence
Y Lawson YLee NLong
YLord Y Lucas E Lupton N Mann Y Martin Y McCoy N McKelvey Y McKinney.B
McKinney.C Y Meadows
Merritt NMilam Y Mills Y Mobley N Moody Y Morsberger N Moultrie
Mueller N Oliver.C
Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten N Pelote
Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Porter
Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay N Reaves Y Redding
Y Ricketson N Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L N Smith,P
N Smith.T Smith,W
Smyre YSnow N Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan
Y Walker,J Walker,L
Y Wall Ware
Y Watson N Watts Y White Y Wilder
Williams,B Williams,J Y Williams.R Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 108, nays 35. The Bill, having received the requisite constitutional majority, was passed.
Representative Dixon of the 128th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
HB 210. By Representative Pettit of the 19th:
A bill to amend Code Section 50-25-6 of the Official Code of Georgia Anno tated, relating to sales of files of public information by the GeorgiaNet Authority, so as to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, so as to provide that the executive director of the authority shall be appointed by the authority; to provide for the compensation of the executive director; to provide for continuing benefits and membership in the State Merit System of Personnel Administration for employees of the authority; to provide that the authority shall be authorized to receive data in electronic format from the public for the purpose of transmitting such data to the various departments, agencies, and institutions of the state; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, is amended by striking in its entirety subsection (d) of Code
512
JOURNAL OF THE HOUSE,
Section 50-25-2, relating to the membership of the GeorgiaNet Authority, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The executive director shall be the administrative head of the authority. The executive director shall be appointed by the board, and his or her salary shall be set by the board. The commiaaieBef ef administrative services executive director shall be the executive officer and director and administrative head of the authority. The eommissktfrer ef administrative services may appoint a pewe as assistant commissioner and delegate stteh of his powers and duties to such assistant commissrenef as he desires. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director. 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 Adminis tration for the purposes of benefits administered by the merit system and for retirement purposes. Any officer OT employee of the authority who is already a member of the merit system by virtue of services with another employer shall be entitled to credit for his or her services and shall not suffer any loss of such credit to which he or she is otherwise entitled. There shall be paid from the funds appropriated or otherwise available for the operation of the GeorgiaNet Authority all employer's contributions required under this chapter."
Section 2. Said chapter is further amended by striking in its entirety Code Section 50-25-6, relating to sales of files of public information by the GeorgiaNet Authority, and inserting in lieu thereof a new Code section to read as follows:
"50-25-6. (a) The authority shall have exclusive authority to sell or execute license agreements on behalf of the executive branch of state government an entire file of public information in any electronic medium or format; provided, however, that nothing con tained herein shall preclude any department, agency, board, bureau, commission, or authority from selling individual records maintained in electronic format or otherwise to the public or other governmental agencies or entities or from selling or otherwise dissem inating any data which the authority declines to sell; and the authority may likewise be authorized by the judicial and legislative branches to sell on their behalf entire files of public information.
(b) The authority shall be authorized to receive data in electronic format from mem bers of the public for the purpose of transmitting such data electronically to various departments, agencies, and institutions of the state."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B
Y Barnett,M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell N Canty
Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E
Y Clark,H Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings,B Y Cummings.M
Davis.G Y DavisJVI
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris,J
TUESDAY, FEBRUARY 5, 1991
513
Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones YKilgore YKing Y Kingston Y Klein YLadd Y Lane.D YLane,R YLangford Y Lawrence
YLawson YLee YLong YLord
Lucas E Lupton YMann
Martin YMcCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows
Merritt YMilam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y 01iver,M YOrr
Orrock
Y Padgett YParham YParrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell YRandall
YRay Y Reaves Y Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M
Y Thomas.N Thurmond
Y Titus
Y Tolbert Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker.L Y Wall
Ware Watson Y Watts Y White Wilder Y Williams,B Williams,.) Y Williams,R Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 272. By Representative Pettit of the 19th:
A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Anno tated, known as the "Georgia Fire Sprinkler Act," so as to change the defini tion of the terms "fire protection sprinkler system" and "water-spray system"; to provide that the installation or repair of any underground facili ties or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be performed only by a utility contractor or fire protection sprinkler contractor.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," so as to provide that the installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protec tion sprinkler system or water-spray system shall be performed only by a utility contrac tor, fire protection sprinkler contractor, or licensed plumber; to provide that under certain conditions a utility contractor performing such installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or water-spray system shall be required to have a valid license issued under Chap ter 14 of Title 43; to provide that the utility contractor shall be responsible for the instal lation of facilities which provide an adequate flow of water to the fire protection sprinkler system or water-spray system; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Fire Sprinkler Act," is amended by striking in its entirety Code Section 25-11-7, relating to proof of contractor's competency as requirement for license or building permit, and inserting in lieu thereof a new Code Section 25-11-7 to read as follows:
"25-11-7. (a) The installation or repair of any underground facilities or piping which connects to and furnishes water for the fire protection sprinkler system or waterspray system shall be performed only by a utility contractor, fire protection sprinkler
514
JOURNAL OF THE HOUSE,
contractor, or licensed plumber; provided, however, that after utility contractors are required to be licensed under Chapter 14 of Title 43^ the utility contractor performing such installation or repair work shall be required to have a valid license issued under Chapter 14 of Title 43. The utility contractor shall be responsible for the installation of proper underground facilities and piping which provide an adequate flow of water from the fire protection water supply to the fire protection sprinkler system or waterspray system.
{a) (b) Before any local building official shall issue any license or building permit which authorizes the construction of any building or structure containing a fire protec tion sprinkler system or water-spray system, such local official shall require a copy of a valid certificate of competency from the fire protection sprinkler contractor. The fire protection sprinkler contractor shall be required to pay any fees normally imposed for local licenses or permits, but the local official shall impose no ethef requirements on the fire protection sprinkler contractor to prove competency other than proper evidence of a valid certificate of competency.
{b} (c) Nothing in this chapter limits the power of a municipality, county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Bargeron
Y Barnett,B
Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin
Y Chambless N Cheeks Y Childere Y Clark,E Y Clark,H
Y Clark,L
Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings.B Y Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs
Dover Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
Y Godbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D N Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
YLord Lucas
E Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows
Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Y Randall YRay
Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith,L
Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil,S
Stanley Stephens Y Streat Y Taylor Y Teper Thomas,C Y Thomas.M
Y Thomas.N Thurmond
Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
TUESDAY, FEBRUARY 5, 1991
515
On the passage of the Bill, by substitute, the ayes were 157, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 67. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the provisions relating to the rights of the State Election Board to institute or to intervene in actions to compel compliance with the election or primary laws of this state or with valid rules or regula tions of the board or to restrain or prevent or prohibit certain conduct.
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abemathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
N Brooks N Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E
Y Clark,H
Y Clark,L
Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings,B Y Cummings.M Y Davis,G Y Davis.M Y Dixon.H
Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas E Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B N McKinney.C
Y Meadows Y Merritt
YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves N Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs N Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R
Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 163, nays 5. The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
516
JOURNAL OF THE HOUSE,
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 111. By Representatives Smith of the 78th, Parham of the 105th, Birdsong of the 104th, Adams of the 79th, Jenkins of the 80th and others:
A resolution commending the members and sponsors of the Georgia Chapters of the Future Homemakers of America/Home Economics Related Occupa tions (FHA/HERO) Day at the state capitol.
HR 154. By Representatives Titus of the 143rd, Royal of the 144th and Long of the 142nd:
A resolution honoring Nikki Robinson, 1990 Georgia Occupational Award of Leadership (GOAL) recipient and inviting her to appear before the House of Representatives.
HR 187. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th:
A resolution declaring February 25, 1991, as Albany Day at the state capitol and inviting representatives of the City of Albany, Dougherty County, and the Albany Chamber of Commerce to appear before the House of Represen tatives.
The following Resolutions of the House were read and adopted:
HR 213. By Representative Holland of the 136th:
A resolution expressing support for the men and women of Worth County serving in Operation Desert Storm and their families.
HR 214. By Representative Oliver of the 53rd: A resolution expressing regret at the passing of Mr. Joel Christopher Perrin.
HR 215. By Representative Skipper of the 116th: A resolution commending Alton C. Shell.
HR 216. By Representative Holland of the 136th:
A resolution expressing support for the men and women of Turner County serving in Operation Desert Storm and their families.
HR 217. By Representatives Patten of the 149th, Reaves of the 147th and Golden of the 148th:
A resolution endorsing and commending the Georgia Recreation and Park Association.
HR 218. By Representative Parrish of the 109th:
A resolution congratulating Pauline Chance Simmons on the occasion of her 100th birthday.
TUESDAY, FEBRUARY 5, 1991
517
HR 219. By Representatives Godbee of the 110th and Lane of the lllth: A resolution recognizing Ben Nessmith.
HR 220. By Representatives Pinholster of the 8th, Stancil of the 8th and Barnett of the 10th:
A resolution commending James Perry Morris.
HR 221. By Representatives Pinholster of the 8th, Stancil of the 8th and Barnett of the 10th:
A resolution commending Shirley Pahl.
HR 222. By Representatives Connell of the 87th, Padgett of the 86th, Brown of the 88th, Howard of the 85th, Williams of the 90th and others:
A resolution commending Dr. Robert Gordon Ellison.
HR 223. By Representatives Merritt of the 123rd, Pelote of the 127th, Dixon of the 128th, Bordeaux of the 122nd and Mueller of the 126th:
A resolution expressing sympathy at the passing of Norman Benedict Elmore, Jr.
Representative Kilgore of the 42nd District, Chairman of the Committee on Educa tion, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 8 Do Pass, by Substitute HB 373 Do Pass HB 317 Do Pass
HB 318 Do Pass HB 320 Do Pass
Respectfully submitted, /s/ Kilgore of the 42nd
Chairman
Representative Balkcom of the 140th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 323 Do Pass, as Amended
Respectfully submitted, /s/ Balkcom of the 140th
Chairman
Representative Chambless of the 133rd District, Vice-Chairman of the Committee on Judiciary, submitted the following report:
518
JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 427 Do Pass HB 442 Do Pass
HB 461 Do Pass HB 493 Do Pass
Respectfully submitted, /s/ Chambless of the 133rd
Vice-Chairman
Representative Parham of the 105th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 149 Do Pass, as Amended HB 245 Do Pass, as Amended HB 358 Do Pass
HB 422 Do Pass HB 423 Do Pass
Respectfully submitted, /s/ Parham of the 105th
Chairman
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 24 Do Pass HB 129 Do Pass, by Substitute
HB 186 Do Pass, as Amended HB 141 Do Not Pass
HB 240 Do Pass HB 251 Do Pass, by Substitute
HB 376 Do Pass, by Substitute HB 313 Do Pass
Respectfully submitted, /s/ Randall of the 101st
Chairman
Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 334 Do Pass HB 336 Do Pass HB 338 Do Pass
TUESDAY, FEBRUARY 5, 1991
519
Respectfully submitted, M Dover of the llth
Chairman
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
520
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, February 6, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Joseph E. Lowery, Pastor, Cascade United Methodist Church, Atlanta, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 573. By Representatives Snow of the 1st, McCoy of the 1st, Perry of the 5th, Atkins of the 21st, Meadows of the 91st and others: A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Anno tated, relating to general provisions concerning public health, so as to pro hibit the Department of Human Resources from making certain expenditures for certain additional special facilities unless notice thereof is provided to the governing authorities of counties or municipalities affected and to certain members of the General Assembly.
Referred to the Committee on Health & Ecology.
HB 574. By Representatives Ricketson of the 82nd, Griffin of the 6th and Barnett of the 10th: A bill to amend Article 5 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to offenses regarding motor vehicle certificates of title, security interests, and liens, so as to provide that the false reporting of the theft or conversion of a vehicle shall be a felony offense.
Referred to the Committee on Motor Vehicles.
WEDNESDAY, FEBRUARY 6, 1991
521
HB 575. By Representatives Orrock of the 30th and Green of the 106th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for definitions; to provide for exemptions to the provisions of this chapter; to provide for construction, operation, and mainte nance of tanning facilities; to provide for warning signs and the content of such signs; to provide for tanning equipment requirements and maintenance.
Referred to the Committee on Health & Ecology.
HB 576. By Representative Lord of the 107th:
A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Anno tated, relating to funeral directors and embalmers, so as to modify the provi sions for registration of apprenticeship.
Referred to the Committee on Health & Ecology.
HB 577. By Representatives Campbell of the 23rd and Porter of the 119th:
A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to authorize municipal courts to try and dispose of violations of Code Section 16-5-20, relating to simple assault, violations of Code Section 16-5-23, relating to simple battery, except violations against a person who is 65 years of age or older, and violations of Code Section 16-7-21, relating to criminal trespass.
Referred to the Committee on Special Judiciary.
HB 578. By Representatives Coleman of the 118th, Poston of the 2nd and Colwell of the 4th:
A bill to amend Code Section 50-9-5 of the Official Code of Georgia Anno tated, relating to the general powers of the Georgia Building Authority, so as to provide that the Georgia Building Authority may acquire and dispose of real property for railroad operations.
Referred to the Committee on State Institutions & Property.
HB 579. By Representatives Barnett of the 10th and Barnett of the 59th:
A bill to amend Code Section 20-5-44 of the Official Code of Georgia Anno tated, relating to compensation of boards of trustees of public libraries, so as to authorize compensation of board members.
Referred to the Committee on Education.
HB 580. By Representatives Buck of the 95th and Cummings of the 17th:
A bill to amend Article 7 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Peace Officers' Annuity and Benefit Fund, so as to provide that any member of such fund convicted for the commission of a felony shall forfeit all rights and benefits under and membership in such fund.
Referred to the Committee on Retirement.
522
JOURNAL OF THE HOUSE,
HB 581. By Representative Buck of the 95th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to the State Construction Industry Licensing Board, so as to provide for the licensing of master plumbers without examination.
Referred to the Committee on Industry.
HB 582. By Representative Smyre of the 92nd:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to exemptions from the "Nonpublic Postsecondary Edu cational Institutions Act of 1990," so as to exempt certain nonpublic medical schools from the application of such Act.
Referred to the Committee on University System of Georgia.
HR 224. By Representative Campbell of the 23rd:
A resolution creating the Governor's Commission on Regional Health Care Issues Affecting Grady Memorial Hospital. Referred to the Committee on Health & Ecology.
HR 225. By Representatives Buck of the 95th, Stancil of the 66th, Lane of the lllth, Stephens of the 68th and Thurmond of the 67th: A resolution designating the Thompson Mills Forest of the University of Georgia as the State Arboretum of Georgia.
Referred to the Committee on University System of Georgia.
HR 226. By Representatives Lucas of the 102nd and Dunn of the 73rd:
A resolution proposing an amendment to the Constitution so as to delete those provisions prohibiting lotteries and providing for exceptions thereto; to provide that the General Assembly may by law provide for a lottery run by a nonprofit organization certified as tax exempt under federal law.
Referred to the Committee on Industry.
By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the com mittees:
HB 583. By Representative Smith of the 78th:
A bill to amend an Act creating the Board of Commissioners of Butts County, so as to revise and change certain provisions requiring quarterly publication of an itemized statement of receipts and disbursements.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 584. By Representatives Childers of the 15th, McKelvey of the 15th, Smith of the 16th and Kilgore of the 42nd:
A bill to amend Code Section 20-5-42 of the Official Code of Georgia Anno tated, relating to membership of boards of trustees of county and regional libraries, so as to authorize members of the governing authority of any county, municipality, or governmental agency financially supporting a library to serve as members of the board of trustees.
Referred to the Committee on Education.
WEDNESDAY, FEBRUARY 6, 1991
523
HB 585. By Representative Smith of the 78th:
A bill to amend an act abolishing the present method of compensating the clerk of the Superior Court of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the compensation for said officer.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 586. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth:
A bill to amend an Act approved March 16, 1971, and an Act approved April 16, 1979, relating to the Metropolitan Atlanta Rapid Transit Authority and the Metropolitan Atlanta Rapid Transit System, so as to repeal provisions prohibiting appropriations by the State of Georgia to the Metropolitan Atlanta Rapid Transit Authority and certain legislative statements of intent.
Referred to the Committee on State Planning & Community Affairs.
HB 587. By Representative Smith of the 78th:
A bill to amend an Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 588. By Representatives Oliver of the 121st, Murphy of the 18th, Groover of the 99th, Bostick of the 138th, Poston of the 2nd and others:
A bill to amend Code Section 47-2-266 of the Official Code of Georgia Anno tated, relating to membership of certain judicial employees in the Employees' Retirement System of Georgia, so as to provide for additional judicial employees; to authorize creditable service for certain prior service.
Referred to the Committee on Retirement.
HB 589. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Hamilton of the 124th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to transfer from the State Board of Education, Georgia Department of Education, and State School Superintendent and to the Pro fessional Standards Commission and executive secretary thereof certain func tions relating to the certification of school personnel.
Referred to the Committee on Education.
HB 590. By Representatives Poston of the 2nd, Teper of the 46th, Holland of the 136th, Mills of the 20th, Perry of the 5th and others:
A bill to amend Code Section 12-8-39.1 of the Official Code of Georgia Anno tated, relating to solid waste reduction goals of cities and counties under the "Georgia Comprehensive Solid Waste Management Act," so as to provide that cities and counties are encouraged to adopt programs to achieve solid waste reduction goals exceeding the minimum goal established by law.
Referred to the Committee on Natural Resources & Environment.
524
JOURNAL OF THE HOUSE,
HB 591. By Representatives White of the 132nd and Brooks of the 34th:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to personnel administration of public officers and employees, so as to require public employers to post employment announcements for which applications are being accepted from the public at least 30 days before the specified closing date.
Referred to the Committee on State Planning & Community Affairs.
HB 592. By Representatives Flynt of the 75th and Herbert of the 76th:
A bill to amend an Act creating the Griffin-Spalding County School System and the Griffin-Spalding County Board of Education, so as to change the compensation of the members of the Griffin-Spalding County Board of Edu cation.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 593. By Representatives Flynt of the 75th and Adams of the 79th:
A bill to amend an Act providing a homestead exemption from Pike County School District ad valorem taxation for certain residents who are age 62 or over, so as to increase the amount of the exemption; to increase the amount of the maximum gross annual income for eligibility.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 594. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Anno tated, the "Used Car Dealers' Registration Act," so as to provide that leasing and rental companies which are required to be licensed shall be exempt from certain requirements; to provide for licensing of pawnbrokers who engage in sales of automobiles.
Referred to the Committee on Motor Vehicles.
HB 595. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to provide a method of compensating the members of the Board of Education of Hall County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 596. By Representatives Titus of the 143rd and Royal of the 144th:
A bill to amend an Act creating a board of commissioners for the County of Thomas, so as to change the compensation of the chairman and other mem bers of the board of commissioners of Thomas County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 597. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, define their duties, and for other purposes.", so as to change the compensation of the chairman and the other members of the board of commissioners of Screven County.
Referred to the Committee on State Planning & Community Affairs - Local.
WEDNESDAY, FEBRUARY 6, 1991
525
HB 598. By Representative Parrish of the 109th:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to authorize the issuance of general obligation debt for any project, other than road, street, and bridge purposes, in conjunction with the imposi tion of the tax when the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes.
Referred to the Committee on Ways & Means.
HB 599. By Representatives Wilder of the 21st, Clark of the 20th (Post 3), Vaughan of the 20th, Klein of the 21st, Atkins of the 21st and others:
A bill to create the Cobb County Private Sector Survey Committee on Cost Control in County Government.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 600. By Representatives Ladd of the 44th, Ricketson of the 82nd, Dover of the llth, Clark of the 20th (Post 3), Walker of the 115th and others:
A bill to amend Code Section 48-7-56 of the Official Code of Georgia Anno tated, relating to filing of income tax returns, so as to provide an extension of time for filing returns for persons on active military duty during the period of armed combat in the Persian Gulf area.
Referred to the Committee on Ways & Means.
HB 601. By Representatives Holmes of the 28th, Chambless of the 133rd, Lee of the 72nd, Murphy of the 18th and Walker of the 115th:
A bill to amend Code Section 21-2-140 of the Official Code of Georgia Anno tated, relating to mandatory drug testing for certain candidates, so as to change the definition of an illegal drug; to increase the maximum amount for reimbursement candidates who file paupers' affidavits.
Referred to the Committee on Governmental Affairs.
HB 602. By Representatives Skipper of the 116th, Walker of the 113th, Titus of the 143rd, Culbreth of the 97th and Mobley of the 64th:
A bill to amend Code Section 36-80-3 of the Official Code of Georgia Anno tated, relating to authorized investments of funds by the governing body of a municipality, county, school district, or other local government unit or political subdivision, so as to authorize the investment of municipal risk management and self-insurance funds in investments which are legal for domestic insurers.
Referred to the Committee on State Planning & Community Affairs.
HR 235. By Representatives Canty of the 38th, Titus of the 143rd, Pelote of the 127th, Clark of the 13th, Holmes of the 28th and others:
A resolution creating the House Driver's License Sanctions and Automobile Insurance Study Committee.
Referred to the Committee on Rules.
526
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills of the House and Senate were read the sec ond time:
HB 542 HB 543 HB 544 HB 545 HB 546 HB 547 HB 548 HB 549 HB 550 HB 551 HB 552 HB 553 HB 554 HB 555 HB 556 HB 557 HB 558 HB 559
HB 560 HB 561 HB 562 HB 563 HB 564 HB 565 HB 566 HB 567 HB 568 HB 569 HB 570 HB 571 HB 572 SB 48 SB 68 SB 85 SB 97 SB 102
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 100 Do Pass HR 116 Do Pass HB 428 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 490 Do Pass HB 497 Do Pass HB 524 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:
WEDNESDAY, FEBRUARY 6, 1991
527
HB 490. By Representatives Griffin of the 6th, Mann of the 6th and Poag of the 3rd:
A bill to provide for shortening the terms of office and for the election of members of the Board of Education of Whitfield County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 497. By Representatives Hammond of the 20th, Atkins of the 21st, Coker of the 21st, Mills of the 20th, Clark of the 20th (Post 4) and others:
A bill to amend an Act creating a board of commissioners for Cobb County, as amended, so as to change the provisions relative to the compensation of the chairman and members of the board of commissioners.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 524. By Representative Murphy of the 18th:
A bill to amend an Act reincorporating the City of Tallapoosa in the County of Haralson, as amended, so as to change provisions relating to the tenure of office and removal from office of the City Manager of the City of Tallapoosa.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 33. By Senators Kidd of the 25th and Garner of the 30th:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Anno tated, relating to coroners, so as to require coroners and deputy coroners to take an annual training course approved by the Georgia Coroner's Training Council; to provide that under certain conditions the Georgia Coroner's Training Council may waive such training for a coroner or deputy coroner during any given year.
528
JOURNAL OF THE HOUSE,
SB 51. By Senators Deal of the 49th, Baldwin of the 29th, Edge of the 28th and others:
A bill to amend the Official Code of Georgia Annotated, so as to revise and supersede Title 24, relating to evidence; to provide for general provisions relating to the rules of evidence; to provide for a statement of purpose; to provide for construction; to provide for definitions; to provide for applicabil ity of the rules of evidence; to provide for rulings on evidence; to provide for preliminary questions.
SB 94. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 12-8-102 of the Official Code of Georgia Anno tated, relating to the Georgia Hazardous Waste Management Authority, so as to change the composition of such authority; to provide for the appointment of an executive director of such authority; to provide for related matters; to provide an effective date.
SB 107. By Senator Kidd of the 25th:
A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Anno tated, relating to the State Board of Recreation Examiners, so as to provide for the mandatory licensure of therapeutic recreation personnel in medically based settings and the permissive certification of recreation personnel; to define minimum qualifications for licensure or certification; to provide for the composition of the board.
SB 112. By Senators Ramsey of the 54th and Hasty of the 51st:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys generally, so as to provide that a district attorney who is performing ordered military duty shall be eli gible for reelection to such office; to provide procedures for such officer to qualify for reelection for such office; to provide for an effective date.
SB 113. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the alcohol concentration level that constitutes driving under the influence; to change the presumptions which rise from certain alcohol concentrations.
SB 120. By Senator Egan of the 40th:
A bill to amend Code Section 16-12-53 of the Official Code of Georgia Anno tated, relating to licensing procedures and requirements for bingo games, so as to provide that certain applicants for licenses and operators of bingo games shall not be required to submit fingerprints or photographs in connec tion with obtaining and holding a license; to provide for other matters rela tive thereto; to provide an effective date.
SB 128. By Senator Collins of the 17th:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning correctional institutions of the state and counties, so as to provide that notice shall be given to the officer in charge of a county jail or his designee concerning any inmate who is being transferred from a state or county correctional institu tion and who has been determined to have an infectious disease or to be HIV infected.
WEDNESDAY, FEBRUARY 6, 1991
529
SB 130. By Senator Burton of the 5th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to designate the first Thursday in February of each year as "Girls and Women in Sports Day" in Georgia.
SB 159. By Senators Olmstead of the 26th and Albert of the 23rd:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for the practice of dentistry without a license.
HB 68. By Representatives Thomas of the 69th, Groover of the 99th and Pettit of the 19th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
HB 195. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Titus of the 143rd and Holland of the 136th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require that all special elections and municipal special elections shall be held on certain uniform dates.
SB 43. By Senator Egan of the 40th:
A bill to provide for the determination of the millage rate by the governing authorities of Fulton County, the City of Atlanta, any municipality wholly or partially located in Fulton County, the school systems of Fulton County, the City of Atlanta, and any other municipalities wholly or partially located in Fulton County, and any special tax district in Fulton County.
SB 90. By Senators Newbill of the 56th and Egan of the 40th:
A bill to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limita tions on powers; to provide for certain revenue sharing.
HB 355. By Representative Skipper of the 116th:
A bill to abolish the elected office of treasurer of Sumter County; to autho rize the Board of Commissioners of Sumter County to designate an employee of the county or some other person or entity to perform the duties of trea surer and prescribe the powers and duties of such person or entity.
HB 356. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to authorize the judge of the probate court to employ part-time clerical assistance.
530
JOURNAL OF THE HOUSE,
HB 359. By Representative Skipper of the 116th:
A bill to provide for the creation of one or more community improvement districts in Sumter County and in each municipality therein; to provide for a short title; to provide for the purposes of said districts; to provide for defi nitions; to provide for boards to administer said districts; to provide for taxes, fees and assessments; to provide for the boundaries of said districts.
HB 362. By Representative Royal of the 144th:
A bill to provide for the creation of the office of county administrator of Mitchell County; to provide for the appointment of the administrator; to pro vide for the powers, duties, and responsibilities of the administrator; to pro vide for an acting county administrator.
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:
SR 98. By Senators Coleman of the 1st, Thompson of the 33rd, Hill of the 4th and others:
A resolution urging the President and the Congress of the United States to make passage of a Surface Transportation Reauthorization Act a topmost priority during the first session of the 102nd Congress.
HR 131. By Representatives Poston of the 2nd, Murphy of the 18th, Snow of the 1st, McCoy of the 1st, Perry of the 5th and Poag of the 3rd:
A resolution urging the Governor and the General Assembly of the State of Tennessee to permit certain Georgia residents to attend the University of Tennessee at Chattanooga without payment of out-of-state fees.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 33. By Senators Kidd of the 25th and Garner of the 30th:
A bill to amend Chapter 16 of Title 45 of the Official Code of Georgia Anno tated, relating to coroners, so as to require coroners and deputy coroners to take an annual training course approved by the Georgia Coroner's Training Council; to provide that under certain conditions the Georgia Coroner's Training Council may waive such training for a coroner or deputy coroner during any given year.
Referred to the Committee on Public Safety.
SB 43. By Senator Egan of the 40th:
A bill to provide for the determination of the millage rate by the governing authorities of Fulton County, the City of Atlanta, any municipality wholly or partially located in Fulton County, the school systems of Fulton County, the City of Atlanta, and any other municipalities wholly or partially located in Fulton County, and any special tax district in Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.
WEDNESDAY, FEBRUARY 6, 1991
531
SB 51. By Senators Deal of the 49th, Baldwin of the 29th, Edge of the 28th and others:
A bill to amend the Official Code of Georgia Annotated, so as to revise and supersede Title 24, relating to evidence; to provide for general provisions relating to the rules of evidence; to provide for a statement of purpose; to provide for construction; to provide for definitions; to provide for applicabil ity of the rules of evidence; to provide for rulings on evidence; to provide for preliminary questions.
Referred to the Committee on Judiciary.
SB 90. By Senators Newbill of the 56th and Egan of the 40th:
A bill to incorporate the City of Sandy Springs in Fulton County; to provide for a charter for the City of Sandy Springs; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limita tions on powers; to provide for certain revenue sharing.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 94. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 12-8-102 of the Official Code of Georgia Anno tated, relating to the Georgia Hazardous Waste Management Authority, so as to change the composition of such authority; to provide for the appointment of an executive director of such authority; to provide for related matters; to provide an effective date.
Referred to the Committee on Industry.
SB 107. By Senator Kidd of the 25th:
A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Anno tated, relating to the State Board of Recreation Examiners, so as to provide for the mandatory licensure of therapeutic recreation personnel in medically based settings and the permissive certification of recreation personnel; to define minimum qualifications for licensure or certification; to provide for the composition of the board.
Referred to the Committee on Game, Fish & Parks.
SB 112. By Senators Ramsey of the 54th and Hasty of the 51st:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys generally, so as to provide that a district attorney who is performing ordered military duty shall be eli gible for reelection to such office; to provide procedures for such officer to qualify for reelection for such office; to provide for an effective date.
Referred to the Committee on Defense & Veterans Affairs.
SB 113. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the alcohol concentration level that constitutes driving under the influence; to change the presumptions which rise from certain alcohol concentrations.
Referred to the Committee on Motor Vehicles.
532
JOURNAL OF THE HOUSE,
SB 120. By Senator Egan of the 40th:
A bill to amend Code Section 16-12-53 of the Official Code of Georgia Anno tated, relating to licensing procedures and requirements for bingo games, so as to provide that certain applicants for licenses and operators of bingo games shall not be required to submit fingerprints or photographs in connec tion with obtaining and holding a license; to provide for other matters rela tive thereto; to provide an effective date.
Referred to the Committee on Industry.
SB 128. By Senator Collins of the 17th:
A bill to amend Article 1 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning correctional institutions of the state and counties, so as to provide that notice shall be given to the officer in charge of a county jail or his designee concerning any inmate who is being transferred from a state or county correctional institu tion and who has been determined to have an infectious disease or to be HIV infected.
Referred to the Committee on Public Safety.
SB 130. By Senator Burton of the 5th:
A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Anno tated, relating to holidays and observances, so as to designate the first Thursday in February of each year as "Girls and Women in Sports Day" in Georgia.
Referred to the Committee on Rules.
SB 159. By Senators Olmstead of the 26th and Albert of the 23rd:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry, so as to change the penalty for the practice of dentistry without a license.
Referred to the Committee on Health & Ecology.
SR 98. By Senators Coleman of the 1st, Thompson of the 33rd, Hill of the 4th and others:
A resolution urging the President and the Congress of the United States to make passage of a Surface Transportation Reauthorization Act a topmost priority during the first session of the 102nd Congress.
Referred to the Committee on Transportation.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 227. By Representatives Coleman of the 118th, Colwell of the 4th, Poston of the 2nd, Ricketson of the 82nd, Twiggs of the 4th and others:
A resolution commending Dr. Sophia Boyd Bamford as the 1990 Georgia Mother of the Year and inviting her to appear before the House of Represen tatives.
WEDNESDAY, FEBRUARY 6, 1991
533
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 442. By Representatives Buck of the 95th, Floyd of the 135th, Powell of the 13th, Bates of the 141st, Cummings of the 17th and others:
A bill to amend Code Section 47-16-61 of the Official Code of Georgia Anno tated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees collected in civil actions, so as to increase the additional sum collected in certain civil actions.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Adams Aiken Y Alford Y Atkins Y Baker Balkcom Y Barfoot Bargeron Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Branch Y Breedlove Brooks Y Brown Y Brush
YBuck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M Y Diion.H Y Diion.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee
Golden Y Goodwin Y Green
Greene Y Griffin Y Groover
Hamilton Y Hammond
Y Banner Y Harris.B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas E Lupton YMann Martin Y McCoy Y McKelvey McKinney.B Y McKinney.C Meadows Y Merritt Milam Y Mills
Y Mobley
Y Moody Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston
YPoag Porter
Y Poston Y Powell.A Y Powell.C Y Purcell
Randall Ray Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Y Simpson Y Sinkfieid Skipper Y Smith,L
Smith.P Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F StanciLS Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Ware Y Watson Y Watts Y White Wilder Y Williams.B Williams,J Williams.R Yeargin Murphy ,Spkr
On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 317. By Representative Herbert of the 76th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educa tional Institutions Act of 1990," so as to change the provisions relative to cer tain definitions; to change the provisions relative to qualifications of certain personnel of postsecondary educational institutions.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
534
JOURNAL OF THE HOUSE,
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Harriett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Branch
Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings,B Y Cummings.M Y Davis.G Y Davis,M Y Dixon.H
Y Dixon,S Y Dobbs
Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden YGoodwin Y Green Greene Y Griffin Groover Y Hamilton
Y Hammond Y Banner
Y Harris,B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Y Howard Hudson
Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas E Lupton YMann
Martin Y McCoy Y McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock
Y Padgett Parham
Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Smith,T
Y Smith, W Y Smyre YSnow Y Stancil.F
Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams,J Y Williams.R
Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Game, Fish and Parks and referred to the Committee on Natural Resources:
SR 25. By Senator Kidd of the 25th:
A resolution relative to the conversion of abandoned railroad rights of way into trails for public use.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 228. By Representatives Watson of the 114th, Walker of the 115th and Walker of the 113th:
A resolution commending Major General Richard F. Gillis and inviting him to appear before the House of Representatives; recognizing the Warner Robins Air Logistics Center on the occasion of its 50th Anniversary.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
WEDNESDAY, FEBRUARY 6, 1991
535
HB 318. By Representative Herbert of the 76th:
A bill to amend Code Section 20-3-250.11 of the Official Code of Georgia Annotated, relating to fees and their collection, so as to change the provi sions relative to fees.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy
Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefleld Y Birdsong
Y Blitch Y Bordeaux
Y Bostick Branch
Y Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs
Dover Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W
YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Y Manner Y Harris.B Y Harris,J
Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence
Lawson YLee YLong YLord
Y Lucas E Lupton YMann
Martin Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Smith.T
Y Smith.W
Y Smyre Snow
Y Stancil,F
Stancil.S Y Stanley
Stephens Y Streat Y Taylor
Teper Thomas,C Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Walker.J Y Walker,L Y Wall YWare
Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Williams,R Y Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Stephens of the 68th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 320. By Representative Herbert of the 76th:
A bill to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to require the State Board of Technical and Adult Education to develop and implement a policy for a reduction in force.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.
536
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 287. By Representatives Greene of the 130th, Edwards of the 112th, Holmes of the 28th and Canty of the 38th:
A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Anno tated, known as the "Georgia Municipal Training Act," so as to designate existing Code sections as Article 1; to change the composition of the board of directors of the Georgia Municipal Training Institute.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron
Barnett.B Y Bamett,M Y Bates YBeatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner
Byrd
Y Campbell Y Canty Y Carrell
Carter
Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M
Y Davis,G Y Davis.M Y DUon,H Y Diion,S Y Dobbs
Y Dover YDunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt YGodbee
Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Banner
Y Harris.B Y Harris,J
Heard Y Henson
Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones
Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D
Y Lane,R Y Langford
Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton YMann
Martin Y McCoy Y McKelvey Y McKinney,B
Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock Y Padgett Y Parharo Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter YPoston
Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F
Stancil,S Y Stanley N Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L YWall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Williams.R Y Yeargin MurphytSpkr
On the passage of the Bill, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed.
Representative Morsberger of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Kilgore of the 42nd District, Chairman of the Committee on Educa tion, submitted the following report:
Mr. Speaker:
WEDNESDAY, FEBRUARY 6, 1991
537
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 403 Do Pass, by Substitute
Respectfully submitted, fa/ Kilgore of the 42nd
Chairman
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 461. By Representatives Chambless of the 133rd and Thomas of the 69th:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to change the provisions relating to continuance for the absence of a witness and what the application is to show.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron
Barnett.B Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong
Y Blitch Y Bordeaux
Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
Byrd Y Campbell Y Canty
Carrell
Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Y Davis,G Y Davis,M
Y Diion,H Y Diion,S Y Dobbs Y Dover
Y Dunn Edwards
Y EUiott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee
Golden Y Goodwin
Y Green Greene
Y Griffin
Y Groover Hamilton
Y Hammond Y Banner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong
YLord Y Lucas E Lupton YMann
Martin Y McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows
Merritt Y Milam
Y Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper
Y Smith,L
Y Smith,P Y Smith/I Y Smith,W YSmyre YSnow Y Stancil.F
Stancil,S
Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan
Y WalkerJ Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams.J
Y Williams,R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was
538
JOURNAL OF THE HOUSE,
HB 245. By Representatives Jackson of the 9th, Parham of the 105th, Harris of the 84th and Barnett of the 10th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively revise, reorganize, modernize, consolidate, and clarify the laws relative to registration and licensing and certificates of title for motor vehicles, drivers' licenses, equip ment and inspection of motor vehicles, reporting of accidents, prosecution of traffic offenses, and the use of radar speed detection devices.
The following amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 245 by inserting on line 24 of page 16 following the word and symbol "title," the following:
"or by a form prescribed by the department if the conviction is electronically trans mitted to the department".
By striking from line 4 of page 42 the word "assembly" following the word "top".
By inserting between lines 3 and 4 of page 46 the following:
"(25.1) By striking 'subsection (a) of Code Section 40-6-393' and inserting in lieu thereof 'subsection (a) or (c) of Code Section 40-6-393' in subsection (e) of Code Section 40-5-63, relating to periods of suspension of drivers' licenses.".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner
Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Y Cummings,B Y Cummings,M Y Davis,G Y Davis.M Y Dixon.H
Dixon,S YDobbs Y Dover YDunn
Edwards Y Elliott
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover
Hamilton Y Hammond Y Hanner Y Harris,B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee
YLong YLord Y Lucas E Lupton YMann
Martin Y McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A
Y Powell.C Y Purcell
Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Y Skipper Y Smith,L
Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil,F
Standl.S Y Stanley
Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Y Turnquest Twiggs
Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
WilliamsJ Williams.R
Y Yeargin
Murphy,Spkr
WEDNESDAY, FEBRUARY 6, 1991
539
On the passage of the Bill, as amended, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 548 Do Pass SB 119 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 493. By Representatives Watts of the 41st, Murphy of the 18th and Cummings of the 17th:
A bill to provide for an additional assistant district attorney for the Tallapoosa Judicial Circuit and provide for appointment, qualifications, employment status, duties, compensation, and expenses of such office.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell Y Canty YCarrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H Y Clark,L Y Coker Y Coleman Y Colwell
Y Connell Culbreth
Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M Y Diion.H Y Dixon.S
Dobbs Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W YFlynt
Y Godbee Y Golden Y Goodwin
Y Green Greene
Y Griffin Groover Hamilton
Y Hammond Y Banner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
Y Holland Holmes
N Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein
YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas E Lupton YMann
Martin Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston
Powell.A Y Powell.C Y Purcell YRandall
YRay Y Reaves Y Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P
540
JOURNAL OF THE HOUSE,
Y Smith.T Y Smith.W YSmyre YSnow Y Stancil,F
Stancil,S Y Stanley
Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas,M Y Thomas,N
Y Thurmond Y Titus
Tolbert Y Townsend
Turnquest Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
Y White Y Wilder Y Williams,B
Williams,J Williams.R Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 152, nays 1. The Bill, having received the requisite constitutional majority, was passed.
HB 8. By Representative Lane of the 27th:
A bill to amend Code Section 20-2-731 of the Official Code of Georgia Anno tated, relating to when and how corporal punishment may be administered on public school pupils, so as to require the written permission of parents or guardians as a condition for the administration of such punishment.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 20-2-731 of the Official Code of Georgia Annotated, relating to when and how corporal punishment may be administered on public school pupils, so as to provide for notice to parents and guardians of their options regarding administration of corporal punishment; to require the written permission of parents or guardians as a con dition for the administration of such punishment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-2-731 of the Official Code of Georgia Annotated, relating to when and how corporal punishment may be administered on public school pupils, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 20-2-731 to read as follows:
"20-2-731. An area, county, or independent board of education may, upon the adop tion of written policies, authorize any principal or teacher employed by the board to administer, in the exercise of his sound discretion, corporal punishment on any pupil or pupils placed under his supervision in order to maintain proper control and discipline. The parent or guardian of any child enrolled in a school shall be notified in writing by the principal of the school of their option to give permission or deny permission for the administration of corporal punishment on such child. Any such authorization shall be subject to the following requirements:
(1) Corporal punishment shall not be administered to any pupil unless the pupil's parents or legal guardian has during the current school year of the pupil for each school year filed with the principal of the school a statement, signed by the parents or guardian, authorizing the administration of corporal punishment on the pupil;
(2) Upon the registration of the student, the school administration shall present to the parent or guardian of the child a form which shall be signed by the parent or guardian, which form shall be worded that permission or nonpermission to administer corporal punishment shall be given bjr the parent or guardian at the time the student is registered. This signed form shall be placed in a student's permanent file and shall be honored as long as the student is enrolled in that school unless changed by the par ent or guardian by filing a new form changing the permission or nonpermission.
4i) (3) The corporal punishment shall not be excessive or unduly severe; {2) (4) Corporal punishment shall never be used as a first line of punishment for misbehavior unless the pupil was informed beforehand that specific misbehavior could occasion its use; provided, however, that corporal punishment may be employed as a
WEDNESDAY, FEBRUARY 6, 1991
541
first line of punishment for those acts of misconduct which are so antisocial or disrup tive in nature as to shock the conscience;
{3} (5) Corporal punishment must be administered in the presence of a principal or assistant principal, or the designee of the principal or assistant principal, employed by the board of education authorizing such punishment, and the other principal or assistant principal, or the designee of the principal or assistant principal, must be informed beforehand and in the presence of the pupil of the reason for the punish ment; and
{4} (6) The principal or teacher who administered corporal punishment must pro vide the child's parent, upon request, a written explanation of the reasons for the pun ishment and the name of the principal or assistant principal, or designee of the principal or assistant principal, who was present; provided, however, that such an explanation shall not be used as evidence in any subsequent civil action brought as a result of the corporal punishment; and .
{&)--Corporal punishment shall et fee administered te a ehrrd whose parents er
ef the sefceel a statement frem a medical deeter licensed at Georgia stating that it is detrimental te the child's mental ef emotional stability."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abernathy N Adams
Y Aiken N Alford N Atkins N Baker N Balkcom
N Barfoot Bargeron
N Barnett,B N Barnett,M
N Bates N Beatty N Benefield
Birdsong N Blitch Y Bordeaux
N Bostick N Branch N Breedlove N Brooks N Brown
N Brush NBuck N Buckner
NByrd Y Campbell
Canty N Carrell
N Carter N Chafin N Chambless
N Cheeks N Childers N Clark,E N Clark,H
N Clark.L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B N Cummings,M N Davis.G N Davis.M N Dixon.H N Dixon.S N Dobbs N Dover NDunn N Edwards N Elliott Y Felton N Fennel N Floyd,J.M N Floyd,J.W
NFlynt N Godbee N Golden N Goodwin N Green
Greene N Griffin N Groover Y Hamilton N Hammond N Hanner N Harris.B N HarrisJ N Heard N Henson
Y Herbert N Hightower N Holland N Holmes N Howard N Hudson Ylrwin N Jackson
Jamieson N Jenkins N Jones Y Kilgore NKing N Kingston Y Klein NLadd Y Lane,D N Lane,R N Langford
N Lawrence N Lawson NLee N Long
NLord N Lucas E Lupton NMann Y Martin NMcCoy N McKelvey N McKinney.B Y McKinney.C
N Meadows Y Merritt NMilam
N Mills
N Mobley N Moody
Morsberger N Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock N Padgett N Parham N Parrish N Patten N Pelote N Perry N Pettit N Pinholster
Pinkston NPoag
Porter Y Poston N Powell,A
N Powell.C N Purcell N Randall NRay Y Reaves N Redding N Ricketson N Royel Y Selman Y Sherrill Y Simpson
Y Sinkfield N Skipper N Smith,L
N Smith.P N Smith,T N Smith,W N Smyre
Snow N Stancil.F N Stancil.S N Stanley N Stephens N Streat Y Taylor Y Teper N Thomas.C Y Thomas.M N Thomas.N N Thurmond N Titus N Tolbert Y Townsend N Turnqueat N Twiggs Y Valenti N Vaughan N Walker,J N Walker.L
NWall N Ware
N Watson N Watts Y White N Wilder
Williams.B Williams,J N Williams.R N Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 28, nays 139.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.
542
JOURNAL OF THE HOUSE,
HB 441. By Representatives Cummings of the 17th, Baker of the 51st and Smith of the 78th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Anno tated, relating to the Georgia Firemen's Pension Fund, so as to provide cer tain definitions; to change the requirements for eligibility in such fund; to change certain provisions relating to leaves of absence from and reinstate ment to such fund.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush
YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafm
Y Chambless Y Cheeks Y Childers Y Clark,E
Y Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings,B
Y Cummings,M Y Davis.G Y Davis.M
Y Dixon,H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J Y Heard Y Henson
Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A
Powell.C Y Purcell
Randall
YRay Y Reaves N Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith,? Y Smith.T Y Smith,W
YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 163, nays 1. The Bill, having received the requisite constitutional majority, was passed.
Representative Redding of the 50th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Governmental Affairs and referred to the Committee on Rules:
SB 55. By Senator Deal of the 49th:
A bill to amend Code Section 28-7-2 of the Official Code of Georgia Anno tated, relating to registration with the Secretary of State of persons repre senting persons or organizations before the General Assembly, so as to require persons representing state departments, agencies, boards, commis sions, or authorities to register; to exempt such state officials from the regis tration fee.
WEDNESDAY, FEBRUARY 6, 1991
543
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 313. By Representative Campbell of the 23rd:
A bill to amend Code Section 36-32-21 of the Official Code of Georgia Anno tated, relating to definitions of terms used in Article 2 of Chapter 32 of Title 36, known as "The Georgia Municipal Courts Training Council Act," so as to change the definition of the term "certified municipal judge".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford
Atkins Y Baker
Balkcom Barfoot Bargeron
Y Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush YBuck Y Buckner YByrd Y Campbell
Y Canty YCarrell Y Carter YChafm Y Chambless Y Cheeks Y Childere Y Clark,E Y Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis.M Y Diion.H Y Dixon,S
Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwill Y Green
Greene Y Griffin Y Groover
Hamilton
Y Hammond Y Manner Y Harris,B Y Harris,J
Y Heard YHenson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton
YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston
YPoag Porter
YPoston
Y Powell,A Powell.C
Y Purcell Randall
YRay Y Reaves
Redding Y Ricketson Y Royal YSelman Y Sherrill
Y Simpson Sinkfield
Y Skipper Smith.L
Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall YWare
Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was
HB 241. By Representatives Lord of the 107th, Poston of the 2nd, Breedlove of the 60th, Wall of the 61st, Barfoot of the 120th and others:
A bill to amend Code Section 38-3-27 of the Official Code of Georgia Anno tated, relating to local organizations for emergency management, so as to provide that the governing authority of each county shall establish a local organization for emergency management; to authorize cities to establish local organizations for emergency management.
The following Committee substitute was read and adopted:
544
JOURNAL OF THE HOUSE,
A BILL
To amend Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, so as to provide that the governing authority of each county may establish a local organization for emergency management; to authorize cities to establish local organizations for emergency management; to provide minimum qualifications for local directors of emergency management compensated for fulltime service; to provide certain qualifications and requirements applicable to part-time paid directors; to provide for criminal history checks of nominees for local director of emergency management; to require assistance to be furnished to volunteer directors; to provide certain requirements applicable to local emergency management offices; to provide that a local director of emergency management whose salary is reimbursed in part or in full by the Emergency Management Division shall meet certain federal requirements; to provide that after December 31, 1993, any county and certain municipalities which fail at any time to have established a local organization for emergency management in accordance with the state emergency management plan and program shall not be entitled to any state funding for disaster relief assistance; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The governing body of each etty ef this state, having a population ef- 1,000 er mere according te the United States eensas ef 1970 er any future saeh census, and each county of this state is authorized and directed te may establish a local organiza tion for emergency management in accordance with the state emergency management plan and program. If a county fails to establish an organization for emergency man agement in accordance with the state emergency management plan and program, any municipality in such county may establish its own organization for emergency manage ment. In cases where a county has an organization for emergency management, such organization shall include participation by each city within the county unless the gov erning authority of any particular city elects to implement its own organization for emergency management. The Governor er the director ef- emergency management, at
tnft PCQUC9L Or Tn VjrOVCMlOF 9 Hlfly &1SO 68tflD1ISll lOCfll OF^ftHlZQtlOriS m OtilCF Ci*tCS
whenever- he determines there exists a need for saeh teeal organizations. However, any Any two or more of the above-mentioned political subdivisions may, with the approval of the director, contract with each other so as to form one emergency management organization for the entire area included in the bounds of the contracting political subdivisions. The executive officer or governing body of the political subdivision is authorized to nominate a local director whose nominations nomination must be endorsed by the director of emergency management prior to appointment by the Gov ernor. The local director shall have direct responsibility for the organization, adminis tration, and operation of the local organization for emergency management, subject to the direction and control of the executive officer or governing body and shall serve at the pleasure of such executive officer or governing body. Each local organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized and, in addi tion, shall conduct such functions outside of such territorial limits as may be required pursuant to Articles 1 through 3 of this chapter.
(2) A local director appointed pursuant to the provisions of paragraph (1) of this subsection who is paid a salary for full-time service as a director by the political sub division or political subdivisions shall have the following minimum qualifications:
(A) The director shall be at least 21 years of age; (B) The director shall not have been convicted of a felony. The executive officer or governing body of a political subdivision which nominates a local director shall furnish the director of emergency management two sets of fingerprints of the nomi nee. The director of emergency management shall forward fingerprints received con cerning each nominee to the Georgia Crime Information Center of the Georgia
WEDNESDAY, FEBRUARY 6, 1991
545
gerprint system of identification established by the Georgia Bureau of Investigation and the fingerprint system of identification established by the Federal Bureau of Investigation. The Georgia Crime Information Center shall report the findings of its records search and the records search of the Federal Bureau of Investigation to the director of emergency management;
(C) The director shall have completed a ,,. school education or its equivalent and shall have successfully completed all initii courses required by the director of emergency management within 180 days following the date of nomination to office or within an extended period as determined by the director of emergency management and shall have successfully completed subsequent courses required by the director of emergency management within an appropriate period as determined by the director of emergency management:
(D) The director shall be capable of writing plans for responding to and recover ing from disasters in his jurisdiction and shall be routinely available to respond to emergency scenes, command posts, or operation centers: to coordinate emergency response of public and private agencies and organizations; to attend training; and to attend meetings convened by the appointing authority or the director of emer gency management; and
(E) The director shall not be self-employed or have any other occupation in the private sector which conflicts with his duties as a local director. (3) (A) If a local director appointed pursuant to the provisions of paragraph (1) of this subsection is a part-time director, such part-time director shall meet the minimum qualifications in subparagraphs (A) through (D) of paragraph (2) of this subsection. If such local director is employed under a 40 to 90 percent (time required on job) work contract, such local director shall be required to devote at least four hours a day, Monday through Friday, during normal business hours of the offices of the political subdivision on emergency management matters. If such local director is employed under a 25 to 39 percent (time required on job) work contract, such local director shall be required to devote at least two hours a day, Monday through Friday, during normal business hours of the offices of the political subdivi sion on emergency management matters.
(B) If the part-time paid director is also a part-time paid employee of the fed eral or state government, he must have written authorization from the appropriate appointing authority to hold the position of director and to comply with the provi sions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection.
_id__If the part-time paid director is also a part-time paid employee of county or municipal government in another capacity, that government must enact an order or ordinance specifying that such director will be permitted to comply with the pro visions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection. The order or ordinance shall also specify that the individual, when acting as director, shall relinquish authorities and responsibilities associated with his other governmental employment and shall name a person to assume those authorities and responsibilities until such time as the director shall cease to function as director. In no case shall the county or municipal government seek or receive any reimbursement for the part-time paid director's salary if such director is employed and compensated by the county or municipality in another capacity.
(D) If the part-time paid director is also a part-time paid employee in the pri vate sector, he shall have a letter from his employer stating that he shall, without penalty, be permitted to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection.
(E) If the part-time paid director is self-employed, he must certify, by letter, that his schedule shall permit him to comply with the provisions of subparagraph (A) of this paragraph and subparagraph (D) of paragraph (2) of this subsection. (4) If a political subdivision has a volunteer director, the political subdivision shall furnish assistance to enable the volunteer director to carry out his duties outlined in this article and Article 3 of this chapter.
546
JOURNAL OF THE HOUSE,
(5) The political subdivision shall designate an office in a building owned or leased by the political subdivision as the office of emergency management. Such office of emergency management shall have appropriate equipment and supplies, including but not limited to telephone and communication equipment, connections to the '911' sys tem if such system is operational in the political subdivision, desks, typewriters, file cabinets, and necessary office supplies. No such equipment or supplies shall be used for personal business. The local director shall post on the front door of the office the schedule of hours of the work week in which he will be attending to emergency man agement matters.
(6) A local director whose salary is reimbursed in part or in full by the Emergency Management Division shall also meet all requirements which may be imposed by the federal emergency management agency or its successor.
(7) A local director who no longer meets the qualifications or complies with the requirements of this subsection may be removed by the director of emergency manage ment. In any case where a local director is removed pursuant to this paragraph, the executive officer or governing body of the political subdivision shall nominate another local director."
Section 2. Said Code section is further amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) (1) After December 31, 1993, any county which fails at any time to have estab lished a local organization for emergency management in accordance with the state emergency management plan and program shall not be entitled to any state funding for disaster relief assistance.
(2) After December 31, 1993, if a county has an organization for emergency man agement but a municipality within the county is not a part of the county's organiza tion or plan and fails to have in place a local organization for emergency management in accordance with the state emergency management plan and program, such munici pality shall not be entitled to any state funding for disaster relief assistance."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Bargeron
Y Barnett,B Y Barnett.M N Bates Y Beatty
Benefield Y Birdsong N Blitch Y Bordeaux
Y Bostick N Branch
Y Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell
Y Canty Y Carrell N Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E
Y Clark.H Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M
Davis.G N Davis.M
N Dixon.H Dixon,S
Y Dobbs Dover
Y Dunn Y Edwards Y Elliott Y Felton
Y Fennel Y Ployd,J.M Y Floyd,J.W
YFlynt Godbee
N Golden Y Goodwin
Green
Greene N Griffin
Y Groover Hamilton
Y Hammond N Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
N Holland Y Holmes Y Howard N Hudson Y Irwin Y Jackson Y Jamieson
Jenkins
N Jones Y Kilgore YKing Y Kingston Y Klein YLadd N Lane.D N Lane,R
N Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton YMann Y Martin
Y McCoy N McKelvey
McKinney.B
McKinney.C N Meadows Y Merritt YMilam Y Mills
Y Mobley N Moody
Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
N Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall
NRay N Reaves
WEDNESDAY, FEBRUARY 6, 1991
547
Y Redding N Ricketson Y Royal Y Selman Y Sherrill
N Simpson Sinkfield
N Skipper Y Smith.L
Y Smith,P N Smith.T Y Smith.W
Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper N Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert
Y Townsend
Y Turnquest Twiggs
Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B
WilliamsJ Y Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 133, nays 26.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
The following Resolution of the House was read:
HR 229. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd, Connell of the 87th and others:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly adjourn at 5:00 P.M. on February 8, 1991, and reconvene at 10:00 A.M. on February 11, 1991.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol-
lows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty
Benefleld Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty
Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Green Greene Y Griffin Y Groover Hamilton
Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane.D Y Lane.R
Y Langford Y Lawrence
Y Lawson YLee YLong YLord Y Lucas E Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote
Y Perry Y Pettit Y Pinholster
Pinks ton
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith,L
On the adoption of the Resolution, the ayes were 157, nays 0.
Y Smith.P Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White
Y Wilder Y Williams.B
Williams ,J Williams.R Y Yeargin Murphy.Spkr
548
JOURNAL OP THE HOUSE,
The Resolution was adopted.
The following Resolutions of the House were read and adopted:
HR 230. By Representatives Colwell of the 4th and Twiggs of the 4th: A resolution commending Miss Lemma Forrester.
HR 231. By Representative Barnett of the 10th: A resolution commending the Forsyth County Optimists Club.
HR 232. By Representative Heard of the 43rd: A resolution commending Mr. Lee "Mr. Olympia" Haney.
HR 233. By Representatives Twiggs of the 4th, Colwell of the 4th and Dover of the llth:
A resolution recognizing the Georgia Mountain Fair, Inc., "Ole Time Fiddlers Convention" as the official state fiddlers convention.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 234. By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th:
A resolution congratulating the City of Hahira on the occasion of its centen nial celebration and inviting Major Jesse Parrott to appear before the House of Representatives.
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 96 Do Pass, by Substitute HB 424 Do Pass, as Amended HB 482 Do Pass
Respectfully submitted, /s/ Childers of the 15th
Chairman
Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
WEDNESDAY, FEBRUARY 6, 1991
549
HB 279 Do Pass, by Substitute HB 387 Do Pass HB 400 Do Pass
Respectfully submitted, /s/ Ware of the 77th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 289 Do Pass, as Amended
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 469 Do Pass
Respectfully submitted, Is/ Thomas of the 69th
Chairman
Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 531 Do Pass HB 454 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
550
JOURNAL OF THE HOUSE,
Your Committee on Rules has had under consideration the following Bill and Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 99 Do Pass, by Substitute HR 135 Do Pass, by Substitute
HB 268 Do Pass, by Substitute HR 227 Do Pass
Respectfully submitted, Is./ Lee of the 72nd
Chairman
Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 288 Do Pass, by Substitute HR 73 Do Pass HR 74 Do Pass HR 80 Do Pass HR 103 Do Pass HR 150 Do Pass HR 160 Do Pass HR 162 Do Pass SR 39 Do Pass
SR 40 Do Pass SR 41 Do Pass SR 42 Do Pass
SR 44 Do Pass SR 45 Do Pass SR 55 Do Pass
SR 67 Do Pass, by Substitute SR 68 Do Pass
Respectfully submitted, M Colwell of the 4th
Chairman
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
THURSDAY, FEBRUARY 7, 1991
551
Representative Hall, Atlanta, Georgia Thursday, February 7, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Max Caylor, Pastor, Jasper Methodist Church, Jasper, Georgia.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 603. By Representatives Coleman of the 118th and Parrish of the 109th: A bill to amend Chapter 4 of Title 50 of the Official Code of Georgia Anno tated, relating to the organization of the executive branch, so as to establish procedures for changing the name of an existing internal subdivision of an agency or creating a new internal subdivision of an agency.
Referred to the Committee on Appropriations.
HB 604. By Representative Oliver of the 53rd: A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Anno tated, relating to adoption, so as to change certain requirements for adoption petitions; to provide that certain orders will take the place of certain other documents; to change which items must be forwarded to the Department of Human Resources.
Referred to the Committee on Judiciary.
552
JOURNAL OF THE HOUSE,
HB 605. By Representative Heard of the 43rd:
A bill to amend Code Section 8-2-3 of the Official Code of Georgia Anno tated, relating to requirements for toilets, shower heads, and faucets in build ings, so as to change effective dates; to prohibit the sale of certain toilets.
Referred to the Committee on Industry.
HB 606. By Representative Groover of the 99th:
A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to purchase of liability insurance or contracts of indemnity for public officers and employees generally, so as to repeal the provisions that nothing in such article shall constitute a waiver of the immu nity of the state from any action nor shall the exercise of authority provided in such article constitute the provision of liability insurance protection.
Referred to the Committee on Judiciary.
HB 607. By Representative Lane of the 27th:
A bill to amend an Act authorizing municipal corporations in this state hav ing a population of more than 400,000 according to the last or any future federal decennial census, to become self-insurers under the provisions of the law relating to the purchase of insurance covering injuries resulting from the governmental ownership of motor vehicles, so as to change the population figures.
Referred to the Committee on State Planning & Community Affairs.
HB 608. By Representative Lane of the 27th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the population requirements of those provisions of said title applicable to municipalities having a certain popula tion.
Referred to the Committee on State Planning & Community Affairs.
HB 609. By Representative Lane of the 27th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the population requirements of those provisions of said title applicable to municipalities having a population of 400,000 or more.
Referred to the Committee on State Planning & Community Affairs.
HB 610. By Representative Lane of the 27th:
A bill to repeal an Act granting certain campus policemen in this state cer tain law enforcement powers.
Referred to the Committee on Public Safety.
HB 611. By Representative Lane of the 27th:
A bill to amend Code Section 50-5-184 of the Official Code of Georgia Anno tated, relating to the coordination of joint use of public safety radio services owned or used by state, county, and municipal governments, so as to change the population requirements of said Code section.
Referred to the Committee on Public Safety.
THURSDAY, FEBRUARY 7, 1991
553
HB 612. By Representative Lane of the 27th:
A bill to repeal an Act providing for the creation and operation of city busi ness improvement districts within municipalities having a population of more than 400,000 according to the United States decennial census of 1980, or any future such census.
Referred to the Committee on State Planning & Community Affairs.
HB 613. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Code Section 40-2-78 of the Official Code of Georgia Anno tated, relating to special license plates for firefighters, so as to change the authority for issuance of such license plates.
Referred to the Committee on Motor Vehicles.
HB 614. By Representative Lane of the 27th:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Anno tated, relating to the appointment, qualifications, and tenure of housing authority commissioners, so as to change the population requirements of said Code section applicable to municipalities having a certain population.
Referred to the Committee on State Planning & Community Affairs.
HB 615. By Representative Lane of the 27th:
A bill to amend Code Section 22-4-11.1 of the Official Code of Georgia Anno tated, relating to municipalities with populations of 400,000 or more, accord ing to the United States decennial census of 1970 or any future census, exercising powers for public works projects not financed in whole or in part from federal funds, so as to change the population requirements; to repeal a specific Act.
Referred to the Committee on State Planning & Community Affairs.
HB 616. By Representatives Carter of the 146th and Patten of the 149th:
A bill to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to con tinue the State Water Well Standards Advisory Council.
Referred to the Committee on Natural Resources & Environment.
HB 617. By Representative Wilder of the 21st:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to health planning, so as to change exemptions.
Referred to the Committee on Health & Ecology.
HB 618. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals in general, so as to provide that certain prohibitions relating to conduct involv ing animals shall not apply to conduct involving dogs and cats.
Referred to the Committee on Health & Ecology.
554
JOURNAL OF THE HOUSE,
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
HB 620. By Representative Chambless of the 133rd:
A bill to amend Code Section 15-10-202 of the Official Code of Georgia Annotated, relating to procedure for the prosecution of misdemeanor viola tions of Code Section 16-9-20, relating to bad checks, in magistrate courts, so as to change the provisions relating to service of a citation.
Referred to the Committee on Judiciary.
HB 621. By Representatives Chambless of the 133rd and Pettit of the 19th:
A bill to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to the examination of witnesses, so as to provide qualifications relative to expert witnesses in medical malpractice actions.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 573 HB 574 HB 575 HB 576 HB 577 HB 578
HB 580
HB 597 HB 598 HB 599 HB 600 HB 601 HB 602
HR 224
HB 58?
HB 582
TITTDD
OCQOQO
HB 584
TTTJ
COK
HB 586 HnnR o^Sa7i tHiinS 5co8o8 HR c;Q HHBB 558990 HB 591 HB 592 HB 593 HB 594 HB 595 HB 596
TM HI TJO OOK
"Q"-p
**o>&n
*"
"
^
SB 51
cr> an
QT) Q , S,,B., lna4_ " 10 ' <5aR 11L1l9!
B 113
SB 12
SB 128
SB 130
SB 159
SR 98
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 328 Do Pass, as Amended HB 508 Do Pass, by Substitute
THURSDAY, FEBRUARY 7, 1991
555
Respectfully submitted, /s/ Childers of the 15th
Chairman
Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 102 Do Pass SR 25 Do Pass HB 182 Do Pass, by Substitute
Respectfully submitted, /s/ Patten of the 149th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 536 Do Pass HB 549 Do Pass HR 210 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 264 Do Pass HB 335 Do Pass
HB 413 Do Pass HB 456 Do Pass, by Substitute
Respectfully submitted, /s/ Dover of the llth
Chairman
By unanimous consent, the following Bills and Resolution of the House were taken up for consideration and read the third time:
556
JOURNAL OF THE HOUSE,
HB 536. By Representative Purcell of the 129th: A bill to amend an Act creating the State Court of Effingham County, as amended, so as to change the salary of the judge and solicitor of said court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 549. By Representatives Dixon of the 128th, Pelote of the 127th, Bordeaux of the 122nd, Mueller of the 126th, Kingston of the 125th and others:
A bill to amend an Act creating a new charter for the City of Garden City, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 210. By Representatives Tolbert of the 58th, Alford of the 57th, Lawrence of the 49th, Teper of the 46th, Turnquest of the 56th and others:
A resolution creating the DeKalb County Homestead Exemptions Study Committee.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 110, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 81. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Anno tated, relating to examination of applicants for drivers' licenses, so as to pro hibit the issuance of a driver's license to any person who does not meet certain vision standards; to provide an exception.
SB 59. By Senators Collins of the 17th, Starr of the 44th, Edge of the 28th and oth ers:
A bill to amend Code Section 17-7-211 of the Official Code of Georgia Anno tated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissi ble as evidence of the truth of the test results, nothwithstanding any objec tions on the grounds of hearsay, authenticity, or foundation.
THURSDAY, FEBRUARY 7, 1991
557
SB 73. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Controlled Substances Act," so as to change provisions relating to contraband, seizure, and forfeitures under said article; to provide what property shall be subject to seizure and forfeiture; to provide procedures for seizure and forfeiture; to provide for the distribution of pro ceeds of forfeitures.
SB 74. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend numerous provisions of the Official Code of Georgia Anno tated so as to create a new Department of Public Safety and to change the administration and provision of law enforcement services at the state level; to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to delete a provision relating to the Department of Public Safety.
HB 377. By Representatives Mueller of the 126th, Dixon of the 128th, Hamilton of the 124th, Pelote of the 127th, Bordeaux of the 122nd and others:
A bill to amend an Act creating the Board of Elections of Chatham County, so as to change the time period during which the chairman is appointed by the members of the board.
HB 386. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act creating a new charter for the City of Holly Springs, 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.
HB 388. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act providing for the membership of the Cherokee County Board of Education, as amended, so as to provide that a vacancy shall immediately exist in the office of any member of the board of education who moves his or her residence out of the education district such member was elected to represent.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 397. By Representative Beatty of the 12th:
A bill to amend an Act to create a board of county commissioners for the County of Jackson, as amended, so as to provide that vacancies on the board of commissioners shall be filled as provided by general law.
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:
558
JOURNAL OF THE HOUSE,
SR 133. By Senators Perry of the 7th, Foster of the 50th, Ray of the 19th and others:
A resolution expressing appreciation to member nations of the multinational coalition providing personnel, materiel, and funds for Operation Desert Storm.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 59. By Senators Collins of the 17th, Starr of the 44th, Edge of the 28th and oth ers:
A bill to amend Code Section 17-7-211 of the Official Code of Georgia Anno tated, relating to the right of defendant to copies of written scientific reports which will be introduced in evidence, so as to provide that certain written scientific reports from the Georgia Bureau of Investigation shall be admissi ble as evidence of the truth of the test results, nothwithstanding any objec tions on the grounds of hearsay, authenticity, or foundation.
Referred to the Committee on Judiciary.
SB 73. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, the "Georgia Controlled Substances Act," so as to change provisions relating to contraband, seizure, and forfeitures under said article; to provide what property shall be subject to seizure and forfeiture; to provide procedures for seizure and forfeiture; to provide for the distribution of pro ceeds of forfeitures.
Referred to the Committee on Public Safety.
SB 74. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend numerous provisions of the Official Code of Georgia Anno tated so as to create a new Department of Public Safety and to change the administration and provision of law enforcement services at the state level; to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to delete a provision relating to the Department of Public Safety.
Referred to the Committee on Public Safety.
SB 81. By Senator Kidd of the 25th:
A bill to amend Code Section 40-5-27 of the Official Code of Georgia Anno tated, relating to examination of applicants for drivers' licenses, so as to pro hibit the issuance of a driver's license to any person who does not meet certain vision standards; to provide an exception.
Referred to the Committee on Motor Vehicles.
SR 133. By Senators Perry of the 7th, Foster of the 50th, Ray of the 19th and others:
A resolution expressing appreciation to member nations of the multinational coalition providing personnel, materiel, and funds for Operation Desert Storm.
Referred to the Committee on Defense & Veterans Affairs.
THURSDAY, FEBRUARY 7, 1991
559
The following Resolution of the House was read and referred to the Committee on Rules:
HR 236. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A resolution commending the Jones County High School Lady Hounds Softball Team for their athletic excellence and inviting the team and their coaching staff to appear before the House of Representatives.
Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 423. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to change the definition of "resident" with regard to registration and licensing require ments.
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken
Alford Y Atkins Y Baker
Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin
Chambless Y Cheeks Y Childers
Y Clark,E Y Clark,H
Y Clark,L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
Davis.G Y Davis,M Y Diion.H
Y Dixon,S Y Dobbs
Dover Dunn Y Edwards
Y Elliott Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt Godbee
Y Golden Y Goodwin
Y Green Greene
Y Griffin Y Groover Y Hamilton
Y Hammond Hanner
Y Harris,B Y Harris,J Y Heard
Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Y Irwin
Jackson Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D
Y Lane.K Y Langford Y Lawrence
Y Lawson YLee YLong YLord Y Lucas E Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley
Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell YRandall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest YTwiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder
Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 147, nays 0. The Bill, having received the requisite constitutional majority, was
560
JOURNAL OF THE HOUSE,
HB 129. By Representatives Dobbs of the 74th, Lane of the lllth, Byrd of the 153rd, Bates of the 141st and Barfoot of the 120th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs; to provide for all related matters; to repeal conflicting laws; and for other purposes,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) All offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail.
(2) Except as otherwise provided in this chapter, an intoxicated person charged with violating Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, may be detained for a period of time of not less than four hours nor more than 12 hours after booking and prior to being released on bail or on recognizance."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker
Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield
YBirdsong Y Blitch N Bordeaux
Y Bostick Y Branch Y Breedlove N Brooks N Brown Y Brush Y Buck Y Buckner
Y Byrd Y Campbell N Canty Y Carrell Y Carter Y Chafm
Y Chambless N Cheeks Y Childers N Clark,E Y Clark.H Y Clark,L Y Coker
Coleman
Y Colwell Y Connell Y Culbreth
Y Cummings,B Cummings.M Davis,G
Y Davis.M Y Dixon.H Y Diion,S Y Dobbs Y Dover
Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Flynt
Godbee Y Golden Y Goodwin Y Green
Greene N Griffin
Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J Y Heard
Henson Y Herbert Y Hightower Y Holland
Y Holmes Howard
Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane,D
Y Lane,R Y Langford Y Lawrence
Y Lawson Y Lee Y Long Y Lord Y Lucas E Lupton Y Mann Y Martin
Y McCoy Y McKelvey
McKinney,B N McKinney.C N Meadows Y Merritt
Y Milam Y Mills Y Mobley Y Moody Y Moreberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M Y Orr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster
THURSDAY, FEBRUARY 7, 1991
561
Y Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell,C
Y PurceU YRandaU
YRay Y Reaves
Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
N Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith,T N Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas,C
Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Y Walker,L
YWall Ware
Y Watson Y Watts
White Y Wilder
Y Williams,B Williams,J
Y Williams,R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 143, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Clark of the 20th (Post 4) stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Jackson of the 9th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB
129.
HR 105. By Representatives Lord of the 107th, Breedlove of the 60th, Wall of the 61st, Barfoot of the 120th, Clark of the 20th (Post 3) and others:
A resolution applying to the Congress of the United States to call a conven tion for the purpose of proposing an amendment to the Constitution of the United States with respect to certain disrespectful acts involving the flag of the United States or the flags of the several states.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot
Bargeron Y Bamett,B Y Barnett,M Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove N Brooks
Brown Y Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell
Y Carter YChafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis.G Y Davis,M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Floyd,J.M Y Floyd,J.W
YFlynt
God bee Y Golden Y Goodwin Y Green
Greene Y Griffin
Groover Y Hamilton
Y Hammond Y Banner Y Harris,B
Y Harris,J Y Heard
Henson Y Herbert
Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D
Y Lane,R Y Langford Y Lawrence
Y Lawson YLee YLong YLord Y Lucas E Lupton YMann
Martin Y McCoy Y McKelvey
McKinney.B N McKinney.C
Y Meadows N Merritt Y Milam Y Mills Y Mobley Y Moody N Morsberger Y Moultrie
Mueller Y Oliver.C
01iver,M
YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell,C Y PurceU YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith.P
562
JOURNAL OF THE HOUSE,
Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley
Y Stephens Y Streat Y Taylor
Teper Y Thomas.C
Thomas.M Y Thomas,N
Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest YTwiggs N Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson
Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr
On the adoption of the Resolution, the ayes were 145, nays 6. The Resolution, having received the requisite constitutional majority, was adopted.
Representative Orr of the 9th stated that he inadvertently voted "aye" on the preced ing roll call. He wished to be recorded as voting "nay" thereon.
HB 422. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of vehicles, so as to remove the authorization for the issuance of special license plates for citizens band radio operators.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis,G Y Davis.M Y Dixon.H Dixon,S
Y Dobbs Y Dover
YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas E Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Y Redding Y Ricketson
Y Royal Selman
Y Sherrill
Y Simpson Sinkfield
Y Skipper Y Smith,L
Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil,F
Y Stancil,S Stanley
Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R
Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was
THURSDAY, FEBRUARY 7, 1991
563
HB 240. By Representatives Snow of the 1st, Groover of the 99th, Mobley of the 64th, Meadows of the 91st, McCoy of the 1st and others:
A bill to amend Chapter 3 of Title 17 of the Official Code of Georgia Anno tated, relating to limitations on prosecution, so as to provide that certain periods shall be excluded in determining the period within which a prosecu tion for certain offenses must be commenced.
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abemathy
Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M
Davis.G Y Davis,M Y Dixon,H
Dixon.S Y Dobbs
Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W
YFlynt Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing
Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas E Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas,C
Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L YWall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Dunn of the 73rd moved that the following Bill of the House be with drawn from the Committee on Special Judiciary and referred to the Committee on Judi ciary.
HB 24. By Representatives Wilder of the 21st, Clark of the 20th (Post 3) and Aiken of the 21st:
A bill to amend Chapter 6 of Title 15 of the Official Code of Georgia Anno tated, relating to superior courts, so as to authorize the imposition of an additional fee in divorce cases.
The motion prevailed.
564
JOURNAL OF THE HOUSE,
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 397. By Representative Beatty of the 12th:
A bill to amend an Act to create a board of county commissioners for the County of Jackson, as amended, so as to provide that vacancies on the board of commissioners shall be filled as provided by general law.
The following Senate substitute was read:
A BILL
To amend an Act to create a board of county commissioners for the County of Jack son, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved August 17, 1903 (Ga. L. 1903, p. 339), so as to provide that vacancies on the board of commissioners shall be filled as provided by general law; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to create a board of county commissioners for the County of Jack son, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved August 17, 1903 (Ga. L. 1903, p. 339), is amended by striking the last sen tence of Section 1, which reads as follows:
"Any vacancy occurring in said board shall be filled by the grand jury at either term of the superior court of said county, and said appointees shall serve until the succeeding regular election for county officers.", and inserting in lieu thereof the following:
"When a vacancy occurs on the board and the unexpired term of office exceeds six months in duration, it shall be the duty of the judge of the probate court to call a spe cial election to elect a successor and fill the vacancy in not less than 30 nor more than 60 days. If the unexpired term to be filled is less than six months in duration, the grand jury at either term of the superior court shall have the power to appoint a successor to fill the unexpired term."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Beatty of the 12th moved that the House agree to the Senate substi tute to HB 397.
On the motion the ayes were 110, nays 0.
The motion prevailed.
The Speaker Pro Tern assumed the Chair.
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 288. By Representatives Buck of the 95th and Colwell of the 4th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions for penal institutions, so as to provide for notification by an institution or facility to a state or local law enforce ment agency if such agency is transporting a patient or inmate who has been diagnosed as having an infectious or communicable disease.
THURSDAY, FEBRUARY 7, 1991
565
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, so as to provide for notification by an institu tion or facility to a state or local law enforcement agency if such agency is transporting a patient or inmate who has been diagnosed as having an infectious or communicable dis ease; to provide for a definition; to provide for confidentiality; to provide for penalties for unauthorized disclosure; to provide for applicability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, is amended by creating a new Code Section 42-1-7 immediately following Code Section 42-1-6 to read as follows:
"42-1-7. (a) For the purposes of this Code section, the term 'infectious or communi cable disease' shall include infectious hepatitis, tuberculosis, influenza, measles, chicken pox, meningitis, HIV as defined in Code Section 31-22-9.1, or any venereal disease enu merated in Code Section 31-17-1.
(b) Notwithstanding any other provision of law, any state or county correctional institution, municipal or county detention facility, or any facility as defined in Code Sec tion 37-3-1 shall notify any state or local law enforcement agency required to transport an inmate or patient if such inmate or patient has been diagnosed as having an infec tious or communicable disease. Notification shall be limited to the fact that such inmate or patient has an infectious or communicable disease and whether such disease is air borne or transmissible by blood or other body fluids; provided, however, that the specific disease shall not be disclosed. The Department of Human Resources shall provide a guide for appropriate precautions to be taken by any person or persons transporting such inmate or patient and shall develop a form to be used for the purpose of ensuring that such precautions are taken.
(c) Information released or obtained pursuant to this Code section shall be privileged and confidential and shall only be released or obtained by the institutions, facilities, or agencies who are parties to the transportation of the patient or inmate. Any person mak ing an unauthorized disclosure of such information shall be guilty of a misdemeanor."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield
Y Birdsong Blitch
Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty
Y Carrell Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth
Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M
Dixon,H Dixon,S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Green Greene Y Griffin Y Groover Y Hamilton Y Hammond Hanner Y Harris.B Y Harris,J
566
JOURNAL OF THE HOUSE,
Heard Henson Y Herbert Y Hightower Y Holland Holmes Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence
Y Lawson
YLee YLong YLord Y Lucas E Lupton YMann Y Martin
Y McCoy McKelvey McKinney,B McKinney.C
Y Meadows Y Merritt YMilam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr
Orrock
Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A
Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding
Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith,P Y Smith.T Y Smith.W
Y Smyre YSnow
Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor YTeper
Y Thomas,C Y Thomas.M
Y Thomas,N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L
Y Wall Ware
Y Watson Y Watts Y White
Wilder Y Williams.B
Y Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing Resolution of the House:
HR 229. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd, Connell of the 87th and others:
A resolution relative to adjournment.
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 251. By Representatives Randall of the 101st, Bostick of the 138th, Irwin of the 57th and Turnquest of the 56th:
A bill to amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Annotated, relating to descent and distribution of deceased's estates, so as to provide that a child or children born out of wedlock may inherit from or through the father under certain conditions; to provide that the father and other paternal kin may inherit from or through a child born out of wedlock under certain conditions.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Anno tated, relating to descent and distribution of deceased's estates, so as to provide that a child or children born out of wedlock may inherit from or through the father under certain conditions; to provide that the father and other paternal kin may inherit from or through
THURSDAY, FEBRUARY 7, 1991
567
a child born out of wedlock under certain conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 4 of Title 53 of the Official Code of Georgia Anno tated, relating to descent and distribution of deceased's estates, is amended by striking subsection (c) of Code Section 53-4-4 of the Official Code of Georgia Annotated, relating to inheritance by children born out of wedlock, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) (1) A child born out of wedlock may not inherit from or through his father or any paternal kin by reason of the paternal kinship unless, during the lifetime of the father and after the conception of the child:
(A) A court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section 19-7-22 or such other author ity as may be provided by law;
(B) A court of competent jurisdiction has otherwise entered a court order estab lishing the father of the child born out of wedlock;
(C) The father executed a sworn statement signed by him attesting to the parent-child relationship; or
(D) The father signed the birth certificate of the child. (E) There is clear and convincing evidence that the child is the child of the father and that the father intended for the child to share in the father's intestate estate in the same manner in which the child would have shared if legitimate. (2) (A) Paragraph (1) of this subsection notwithstanding, a child born out of wed lock may inherit from or through his father or any paternal kin by reason of the paternal kinship if evidence of the presumption of paternity described in this Code section is filed with the court before which proceedings on the estate shall be pend ing and the presumption is not overcome to the satisfaction of the trier of fact by clear and convincing evidence. (B) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there shall have been performed, after the conception of the child, parentage-determination genetic testing which establishes at least a 97 percent prob ability of paternity. Parentage-determination genetic testing shall include, but not be necessarily limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein (electrophoresis) tests or testing by deoxyribonucleic acid (DNA) probes. {3) (3) If one of the requirements of subparagraphs (A) through {B} (E) of para graph (1) of this subsection is fulfilled, or if the presumption of paternity set forth in paragraph (2) of this subsection shall have been established and shall not have been rebutted by clear and convincing evidence, a child born out of wedlock may inherit in the same manner as if legitimate from and through his father, from and through the other children of his father, and from and through any other paternal kin, whether collateral or lineal."
Section 2. Said article is further amended by striking subsection (b) of Code Section 53-4-5, relating to inheritance from a child born out of wedlock, which reads as follows:
"(b) The father of a child born out of wedlock, the other children of the father, and other paternal kin, whether collateral or lineal, may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if a court of competent jurisdiction, during the lifetime of the father and after the conception of the child, has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law, or has other wise entered a court order establishing the father of the child born out of wedlock. If no such order has been entered, neither the father nor any paternal kin may inherit from the child born out of wedlock by reason of the paternal kinship.", and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) The father of a child born out of wedlock, the other children of the father, and other paternal kin, whether collateral or lineal, may inherit from and through the
568
JOURNAL OF THE HOUSE,
child born out of wedlock in the same manner as if the child were legitimate if, after the conception of the child:
(A) A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law;
(B) A court of competent jurisdiction has otherwise entered a court order estab lishing the father of the child born out of wedlock;
(C) The father executed a sworn statement signed by him attesting to the parent-child relationship;
(D) The father signed the birth certificate of the child; or (E) The presumption of paternity described in subparagraph (c)(2)(B) of Code Section 53-4-4 has been established and has not been rebutted by clear and convinc ing evidence. (2) Paragraph (1) of this subsection notwithstanding, neither the father nor any paternal kin shall inherit from or through a child born out of wedlock if it shall be established, by a preponderance of evidence, that the father, during his lifetime and after the birth of the child, failed or refused to openly treat the child as his own or failed or refused to provide support for the child."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken Alford Y Atkins Baker Balkcom Y Barfoot Bargeron Y Bamett,B Barnett.M Y Bates N Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown N Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm
Chambless
Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker
Coleman Colwell Connell Y Culbreth
Y Cummings,B Y Cummings.M
Y Davis.G Y Davis,M
Dixon.H DUon,S YDobbs Dover Dunn Y Edwards Y Elliott Felton Fennel Y Floyd,J.M Y FloydJ.W YFlynt N Godbee Y Golden Y Goodwin Y Green Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D
NLane,R Y Langford Y Lawrence Y Lawson YLee YLong
YLord Y Lucas E Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver,M YOrr
Orrock
Y Padgett YParham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell,C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill N Simpson
Sinkfield Skipper Smith ,L
Y Smith.P Smith,T
Y Smith,W Smyre
YSnow
Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper N Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker,L
Y Wall YWare
Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 140, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
THURSDAY, FEBRUARY 7, 1991
569
The following Resolutions of the House, favorably reported by the Committee on Rules, were read:
HR 99. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A resolution creating the University System Laboratory, Equipment, Reha bilitation Technology, and Eminent Scholars Endowment Study Committee.
The following Committee substitute was read and adopted:
A RESOLUTION
Creating the University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee; and for other purposes.
WHEREAS, the matter of the state's financial support of education is a priority and focal issue facing the General Assembly; and
WHEREAS, there are no things more important to the quality of an institution of higher education than a strong faculty and modern facilities; and
WHEREAS, the needs of disabled and handicapped citizens in particular require spe cialized faculty and facilities; and
WHEREAS, in December, 1980, the Georgia Institute of Technology established the Center for Rehabilitation Technology to provide a clearing-house of information and tech nical assistance for disabled persons and to encourage collaborative interdisciplinary efforts within the University System of Georgia to develop equipment and procedures to meet the needs of disabled and handicapped citizens; and
WHEREAS, unfortunately, all institutions of the university system, including the Center for Rehabilitation Technology, lack sufficient funding and equipment for the com puter related activities, laboratories, and library research facilities which are required to support the continued technological growth of the state in meeting the needs of the handi capped and in other areas and to attract leaders in the educational and research fields.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTA TIVES that there is created the University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee to be composed of eight members of the House of Representatives to be appointed by the Speaker of the House of Representatives. One of the appointees shall be designated chairman by the Speaker. The committee shall meet upon the call of the chairman. The committee is authorized to conduct a thorough study of the university system laboratory and equipment needs and library research facilities needs and, in connection therewith, the cost of funding the pur chase of adequate equipment and supplies to enable the state to develop and attract to its maximum potential high technology industries and to meet the needs of its handi capped citizens. The committee is further authorized to study incentive programs for the funding of faculty chairs, so as to enable the universities of this state to compete more successfully for the best scholars and teachers available. The committee is authorized to seek the advice and counsel of such persons knowledgeable in the affected fields which the committee feels will be able to assist it in the discharge of its duties and responsibilities.
BE IT FURTHER RESOLVED that the members of the committee shall receive the expenses and allowances provided by law for legislative members of interim legislative committees but shall not receive the same for more than five days unless additional days are authorized. The committee is authorized to hold meetings and conduct studies at such times and places as the committee deems advisable in carrying out its duties. The board of regents shall provide such technical assistance and other expertise to the committee as
570
JOURNAL OF THE HOUSE,
may be requested by the chairman. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to or available to the legislative branch of government. The committee is authorized to make a report of its findings and recom mendations, with suggestions for funding and for legislation, if any, no later than Decem ber 15, 1991. The committee shall stand abolished on December 15, 1991.
BE IT FURTHER RESOLVED that if a Senate committee is appointed to study sim ilar matters during the 1991 interim, the committee created by this resolution shall be authorized to cooperate and meet jointly with such Senate committee and to issue a joint report to both houses of the General Assembly.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom
Y Barfoot Bargeron
Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker
Coleman
Y Colwell Connell
Y Culbreth Y Cummings,B Y Cummings.M
Y Davis.G Y Davis.M Y Diion.H Y Dixon.S Y Dobbs
Dover Dunn Y Edwards Y Elliott Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt YGodbee
Y Golden YGoodwin
Y Green Greene
Y Griffin Y Groover Y Hamilton Y Hammond Y Banner
Y Harri8,B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton YMann
Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C
Y Meadows Y Merritt
Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Oliver.C
Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten
Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Y Poston Y Powell,A
Y Powell,C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Skipper Smith,L
Y Smith,P Y Smith,T
Smith.W Y Smyre YSnow
Stancil.F Y Stancil,S Y Stanley Y Stephens
Y Streat Y Taylor YTeper Y Thomas,C Y Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall YWare
Watson
Watts Y White
Wilder Y Williams,B
Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, by substitute, the ayes were 151, nays 0. The Resolution was adopted, by substitute.
HR 100. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th:
A resolution creating the House Postsecondary Vocational Education Labora tory, Equipment, and Library Research Needs Study Committee.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken
Alford Y Atkins
Baker
Y Balkcom
Y Barfoot Bargeron
Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield
Y Birdsong
THURSDAY, FEBRUARY 7, 1991
571
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
Buck Y Buckner
YByrd Y Campbell
Canty Y Carrell
Carter Y Chafm Y Chambless Y Cheeks Y Childers
Y Clark,E Y Clark.H Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M
Y Davis,G Y Davis.M
Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B
Y Harris,J Y Heard
Henson Y Herbert Y Hightower Y Holland Y Holmes
Howard
Y Hudson Ylrwin Y Jackson
Jamieson
Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane,R
Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C
Y Oliver.M
Y Orr
Orrock
Y Padgett Parham
Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Reaves
Y Redding Y Ricketson
Y Royal Y Selman Y Sherrill
Y Simpson
Y Sinkfield Skipper
Y Smith.L Y Smith.P Y Smith.T
Smith,W
Y Smyre
YSnow
Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat
Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware
Watson
Y Watts Y White
Wilder Y Williams,B
Y Williams,J Y Williams.R
Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution was adopted.
Under the general order of business, the following Bill and Resolution of the House were taken up for consideration and read the third time:
HR 80. By Representatives Colwell of the 4th and Twiggs of the 4th:
A resolution authorizing the grant of a nonexclusive easement for the con struction, operation, and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Fannin County and Gilmer County, Georgia.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams
Aiken Alford Y Atkins
Baker Y Balkcom
Y Barfoot Bargeron
Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafm Y Chambless
Y Cheeks Y Childers
Y Clark.E Y Clark,H Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
Dunn
Y Edwards Y Elliott
Felton Y Fennel Y Floyd.J.M
Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Hanner
Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
572
JOURNAL OF THE HOUSE,
Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee
YLong Y Lord Y Lucas E Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C
Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter
Y Poston Y Powell,A Y Powell,C Y Purcell
Y Randall Y Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Y Smyre Y Snow
Stancil.F Y Stancil,S
Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
On the adoption of the Resolution, the ayes were 158, nays 0. The Resolution was adopted.
Y Tolbert Y Townaend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y WalkerJ Y Walker,L Y Wall
Y Ware Y Watson Y Watts Y White
Wilder Y Williams,B Y William8,J Y William8,R Y Yeargin
Murphy,Spkr
HB 323. By Representatives Floyd of the 154th, Smith of the 156th, Purcell of the 129th, Hamilton of the 124th, Dixon of the 151st and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the comprehensive regulation of shell fish.
The following amendment was read and adopted:
The Committee on Game, Fish and Parks moves to amend HB 323 as follows:
1.
Beginning at line 108, page 3, delete the following:
"In any case involving a sale transacted by a person licensed to sell seafood from a mobile unit pursuant to Department of Agriculture Rules, Chapter 40-7-15; or a sale trans acted by a person licensed to sell seafood from a permanent retail establishment pursuant to Department of Agriculture Rules, Chapters 40-7-1, 40-7-7, and 40-7-12; or a sale trans acted with nonresident wholesalers or wholesale facilities, such records and information shall be provided to the department not later than the fifth day of the month following the month in which such sale occurred." and;
2.
Beginning at line 759, page 26, insert the following phrase:
"Prior to and at point of landing", so as to read:
"(c) Prior to and at point of landing conservation rangers and other authorized".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken Alford
Y Atkins Baker
Y Balkcom YBarfoot
Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Benefield
Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove
THURSDAY, FEBRUARY 7, 1991
573
Y Brooks Y Brown Y Brush
YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark,L
Y Coker Coleman
Y Colwell Connell
Y Culbreth Y Cummings.B Y Cummings,M
Y Davis,G Y Davis.M Y Diion.H Y Dixon.S YDobbs
Dover Dunn Y Edwards
Y Elliott Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee, Y Golden Y Goodwill Y Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
Ladd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton YMann
Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y PowelLA Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith.L
Y Smith,? Y Smith.T Y Smith,W Y Smyre
Snow Stancil.F Y Stancil.S Stanley Y Stephens Y Streat Y Taylor Teper Y Thomas.C Y Thomas.M Thomas.N Y Thurmond Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Watson Y Watts Y White Wilder Y Williams,B
Y Williams,J Y Williams.R
Y Yeargin Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 149, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Due to mechanical malfunction, the vote of Representative Ladd of the 44th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on State Institutions and Property and referred to the Committee on Special Judi ciary.
HB 502. By Representatives Dixon of the 128th, Mueller of the 126th, Aiken of the 21st and Bostick of the 138th:
A bill to amend Code Section 42-5-2 of the Official Code of Georgia Anno tated, relating to responsibilities and obligations of governmental units with custody of inmates generally, so as to define municipal prisoner for purposes of the responsibilities and obligations of a municipality with custody of such prisoners.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 96. By Representative Kingston of the 125th:
A bill to amend Code Section 30-4-1 of the Official Code of Georgia Anno tated, relating to the rights of visually handicapped and deaf persons, so as to provide that physically disabled persons shall have the right to be accom panied by a service dog.
The following Committee substitute was read and adopted:
574
JOURNAL OF THE HOUSE,
A BILL
To amend Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, so as to provide that physically dis abled persons shall have the right to be accompanied by a service dog; to provide that a guide dog or service dog be capable of being identified as being from a recognized seeing eye, hearing ear, service, or guide dog school; to provide a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 30-4-1 of the Official Code of Georgia Annotated, relating to the rights of visually handicapped and deaf persons, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) Every totally or partially blind person and every deaf person shall have the right to be accompanied by a guide dog, and every physically disabled person shall have the right to be accompanied b^ a service dog, especially trained for the purpose, in any of the places listed in subsection (a) of this Code section without being required to pay an extra charge for the guide or service dog; provided, however, that he shall be liable for any damage done to the premises or facilities by such dog. The guide dog or service dog must be capable of being properly identified as being from a recognized school for seeing eye, hearing ear, service, or guide dogs.
(2) As used in this Code section, the term 'physically disabled person' means any person, regardless of age, who is subject to a physiological defect or deficiency regard less of its cause, nature, or extent that renders the person unable to move about with out the aid of crutches, a wheelchair, or any other form of support, or that limits the person's functional ability to ambulate, climb, descend, sit, rise, or to perform any related function."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Atkins Baker Y Balkcom Y Barfoot Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell
Y Carter Chafm
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H Y Clark,L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dim,S
Dobbs Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Floyd.J.M Y Floyd,J.W YFlynt
YGodbee Y Golden Y Goodwin
Y Green Greene
Y Griffin Groover
Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J
Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas E Lupton YMann Y Martin
McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Skipper Y Smith,L
Y Smith,?
THURSDAY, FEBRUARY 7, 1991
575
Y Smith.T Y Smith.W YSmyre Y Snow
Stancil.F Y Stancii.S
Y Stanley
Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N
Y Thurmond Titus
Y Tolbert Y Townsend Y Turnquest Y Twiggs
Y Valenti
Y Vaughan Y Walker.J Y Walker.L Y Wail Y Ware
Watson
Y Watts
Y White Wilder
Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 303. By Representatives Smyre of the 92nd, McKelvey of the 15th, Martin of the 26th, Dover of the llth, Oliver of the 53rd and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations so as to revise comprehensively Chapter 8 of said title, known as the "Employment Security Law".
The following Committee substitute was read and adopted:
A BILL
To amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to revise comprehensively Chapter 8 of said title, known as the "Employment Security Law"; to provide for the redesignation and relocation of provisions; to revise and provide for definitions; to provide for editorial revision; to change the provi sions relating to the charging of benefits; to change provisions relating to the computation of unemployment compensation benefits; to provide for the deferral of payment of unem ployment compensation benefits in certain cases; to revise provisions relating to the acceptance of suitable employment at reduced wage levels; to allow benefits to be paid to individuals volunteering for employer initiated layoffs; to provide procedures for the filing of claims by employers on behalf of their employees in certain cases; to provide for admin istrative assessments; to provide for the posting of surety bonds by certain employers; to change the method of charging penalties for the late filing of certain reports; to allow cer tain employers to report wages as common paymasters; to provide for other matters rela tive to the foregoing; to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions of terms used with respect to setoff debt collection by the Department of Revenue, so as to revise references to Chapter 8 of Title 34; to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to revise a reference to Chapter 8 of Title 34; to provide an effective date; to repeal conflict ing 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 striking in its entirety Chapter 8, known as the "Employment Security Law," and inserting in its place a new Chapter 8 to read as follows:
"CHAPTER 8 ARTICLE 1
34-8-1. This chapter shall be known and may be cited as the 'Employment Security Law.'
34-8-2. As a guide to the interpretation and application of this chapter, the public policy of this state is declared to be as follows: economic insecurity due to unemploy ment is a serious menace to the health, morals, and welfare of the people of this state. Involuntary unemployment is therefore a subject of general interest and concern which
576
JOURNAL OF THE HOUSE,
requires appropriate action by the General Assembly to prevent its spread and to lighten its burden which so often falls with crushing force upon the unemployed worker or the worker's family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintain ing purchasing power and limiting the serious social consequences of poor relief assist ance. The General Assembly therefore declares that in its considered judgment the public good and the general welfare of the citizens of this state require the enactment of this measure, under the police powers of the state, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.
34-8-3. 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 rights of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this chapter, or by actions taken pursuant thereto, shall exist subject to the power of the General Assembly to amend or repeal this chapter at any time.
34-8-4. In any civil action to enforce this chapter, the Commissioner, the Board of Review, and the state shall be represented by the Attorney General of this state.
ARTICLE 2
34-8-20. (a) As used in this chapter, the term 'annual payroll' means the total amount of wages for employment paid by an employer during the 12 month period immediately preceding and ending on the computation date.
(b) As used in this chapter, the term 'average annual payroll' means the average of the annual payrolls of an employer for the last three 12 month periods immediately pre ceding the computation date, except that for an employer whose account could have been charged with benefit payments throughout at least 12 but less than 36 consecutive calendar months immediately preceding and ending on the computation date, the term 'average annual payroll' means the total amount of wages for employment paid by such employer during the 12 month period immediately preceding and ending on the compu tation date.
34-8-21. As used in this chapter, the term 'base period' means the first four of the last five completed calendar quarters immediately preceding the first day of an individual's benefit year; provided, however, that, in the case of a combined wage claim under Code Section 34-8-80, the base period shall be that applicable under the unem ployment compensation law of the paying state.
34-8-22. As used in this chapter, the term 'benefits' means the compensation payable to an individual, as provided in this chapter, with respect to the individual's unemploy ment.
34-8-23. As used in this chapter, the term 'benefit year' with respect to any individ ual means the one-year period beginning with the day on which a valid claim is filed. In the case of a combined wage claim pursuant to Code Section 34-8-80, the benefit year shall be that of the paying state. Benefits may only be paid during the applicable bene fit year, unless there is an extended benefits period in effect as provided in Code Section 34-8-197.
34-8-24. As used in this chapter, the term 'bona fide in the labor market' means that any person claiming benefits under this chapter must be available for full-time employ ment, as that term is generally understood in the trade or work classification involved, without regard to prior work restrictions.
34-8-25. As used in this chapter, the term 'calendar quarter' means the period of three consecutive calendar months ending on the dates of March 31, June 30, September 30, or December 31 of each year or such other dates as the Commissioner may by regula tion prescribe.
34-8-26. As used in this chapter, the term 'Commissioner' means the Commissioner of Labor.
THURSDAY, FEBRUARY 7, 1991
577
34-8-27. As used in this chapter, the term 'common paymaster' means one of two or more related corporations which concurrently employ the same individual and which is designated to remunerate such individual for services performed for all such related cor porations. Upon approval by the Commissioner, the common paymaster shall be consid ered the employer of such individual and shall be responsible for contributions due on wages paid. Each of the related corporations shall be considered to have paid as remu neration to such individual only the amounts actually disbursed by it to such individual and shall not be considered to have paid as remuneration to such individual amounts actually disbursed to such individual by the common paymaster.
34-8-28. As used in this chapter, the term 'computation date' means June 30 of each calendar year with respect to rates applicable to the succeeding calendar year for each employer whose account could have been chargeable with benefits throughout the 36 consecutive calendar month period immediately preceding and ending on the computa tion date.
34-8-29. (a) As used in this chapter, the term 'contributions' means the money pay ments to the Unemployment Compensation Fund required by Code Sections 34-8-150 through 34-8-156.
(b) As used in this chapter, the term 'payments in lieu of contributions' means the money payments to reimburse the Unemployment Compensation Fund for benefit pay ments charged to employers as required pursuant to Code Sections 34-8-158 through 34-8-161.
34-8-30. As used in this chapter, the term 'deductible earnings' means all money in excess of $30.00 each week earned by a claimant for services performed, whether or not received by such claimant. Deductible earnings shall be subtracted from the weekly ben efit amount of the claim.
34-8-31. As used in this chapter, the term 'department' means the Georgia Depart ment of Labor.
34-8-32. (a) As used in this chapter, the term 'employee leasing company' means an independently established business entity which engages in the business of providing leased employees to any other employing unit under the following conditions:
(1) Negotiates with clients or customers for such matters as time, place, type of work, working conditions, quality, and price of service;
(2) Determines assignments of individuals to its clients or customers, even if the individuals retain the right to refuse specific assignments;
(3) Sets the rate of pay of the individuals, whether or not through negotiation; (4) Pays the individuals from its accounts; and (5) Hires and terminates individuals who perform services for the clients or cus tomers. (b) Individuals performing services for an employee leasing company shall be consid ered employees of the employee leasing company. The employee leasing company shall file required reports in accordance with regulations prescribed by the Commissioner and pay contributions on wages paid to such employees. (c) Individuals who perform services for temporary help contracting firms as that term is defined in Code Section 34-8-46 shall not be considered employees of an employee leasing company. 34-8-33. (a) As used in this chapter, the term 'employer' means: (1) Any employing unit which, in either the current or preceding calendar year:
(A) Paid in any calendar quarter wages of $1,500.00 or more for service in employment; or
(B) Had in employment at least one individual, irrespective of whether the same individual was in employment on each such day, for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive; (2) Any employing unit which, within either the current or preceding calendar year, paid for domestic service, as defined in subsection (1) of Code Section 34-8-35, cash remuneration of $1,000.00 or more during any calendar quarter; (3) Any employing unit which within either the current or preceding calendar year:
(A) Paid, during any calendar quarter, remuneration in cash of $20,000.00 or more to individuals employed in agricultural labor; or
578
JOURNAL OF THE HOUSE,
(B) Had ten or more individuals employed in agricultural labor, regardless of whether they were employed at the same moment of time, for some portion of a day in each of 20 different calendar weeks in a calendar year. For the purposes of subparagraphs (A) and (B) of this paragraph, service in agricul tural labor performed before January 1, 1993, by an alien admitted to the United States to perform service in agricultural labor pursuant to Sections 214(c) and 101(a)(15)(H) of the federal Immigration and Nationality Act shall not be taken into account; (4) Any religious, charitable, educational, or other organization if the following conditions are met:
(A) The organization's employment is excluded from the Federal Unemployment Tax Act by reason of Section 3306(c)(8) of that act; and
(B) The organization had, within either the current or preceding calendar year, four or more individuals in employment for some portion of a day in each of 20 dif ferent weeks, whether or not such weeks were consecutive and regardless of whether they were employed at the same time; (5) Any governmental entity for which service in employment as defined in subsec tion (h) of Code Section 34-8-35 is performed; (6) Any employing unit which is or becomes an employer subject to this chapter within any calendar year shall be subject to this chapter during the whole of such cal endar year. Any employer subject to this chapter shall remain an employer unless lia bility has been terminated in accordance with Code Section 34-8-163; (7) Any employing unit which has elected to become an employer subject to this chapter pursuant to the following:
(A) An employing unit not otherwise subject to this chapter which files with the Commissioner its written election to become an employer subject to this chapter for not less than two calendar years shall, with the written approval of the Commis sioner, become an employer subject to the same extent as all other employers as of the date stated in such approval. The employer shall cease to be subject as of Janu ary 1 of any calendar year subsequent to such two calendar years only if prior to April 30 in any calendar year it has filed with the Commissioner a written notice to that effect. However, any employing unit which has elected coverage under this Code section and subsequently becomes liable by operation of law may terminate coverage only as provided in Code Section 34-8-163; or
(B) Any employing unit for which services are performed that do not constitute employment as defined in this chapter may file with the Commissioner a written election that all such services performed by individuals in its employ in one or more distinct establishments or places of business shall be deemed to constitute employ ment for all purposes of this chapter. The election must be for not less than two calendar years. Upon the written approval of the Commissioner, such services shall be deemed to constitute employment subject to this chapter after the date stated in such approval. Such services shall cease to be deemed employment as of January 1 of any calendar year subsequent to such two calendar years only if prior to April 30 in any calendar year such employing unit has filed with the Commissioner a writ ten notice to that effect; (8) Any employing unit which acquired the organization, trade or business, or sub stantially all of the assets of another which at the time of such acquisition was an employer subject to this chapter; (9) Any employing unit which acquired the organization, trade or business, or sub stantially all of the assets of another employing unit, if the employment record of such employing unit subsequent to such acquisition together with the employment record of the acquired unit prior to such acquisition, both within the same calendar year, would be sufficient to meet any other definition of employer within this chapter; or (10) Any employing unit which is not an employer by reason of any other paragraph of this Code section:
(A) For which services are performed within the state with respect to which such employing unit is liable for any federal tax against which credit may be taken for contributions paid into a state unemployment compensation fund; or
THURSDAY, FEBRUARY 7, 1991
579
(B) Which, as a condition for full tax credit against the tax imposed by the Fed eral Unemployment Tax Act, is required to be covered under this chapter. (b) Nothing in this chapter shall be construed to require identical coverage to that provided by the Federal Unemployment Tax Act, as amended, nor shall interpretations as to liability or nonliability by federal administrative agencies be binding on the department. 34-8-34. As used in this chapter, the term 'employing unit' means any individual, the legal representative of a deceased individual, or any type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, employee leasing company, common paymas ter, or the receiver, trustee in bankruptcy, trustee, or successor thereof which has or had in its employ one or more individuals performing services for it within this state. Each individual performing services within this state for any employing unit which maintains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of this chapter. Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of this chapter, whether such individual was hired or paid directly by such employing unit or by such agent or employee, provided the employing unit had actual or constructive knowledge of such work. 34-8-35. (a) As used in this chapter, the term 'employment' means any service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied. (b) The term 'employment' shall include an individual's entire service performed within and outside this state, if: (1) The service is localized in this state. Service shall be deemed to be localized within a state if:
(A) The service is performed entirely within such state; or (B) The service is performed both within and outside the state, but the service performed outside the state is incidental to the individual's service within the state. 'Incidental service' shall include service that is temporary or transitory in nature or consists of isolated transactions; (2) The service is not localized in any state but some of the service is performed in this state and: (A) The base of operations or, if there is no base of operations, the place from which such service is directed or controlled is in this state; or (B) The base of operations or place from which such service is directed or con trolled is not in any state in which some part of the service is performed, but the individual's residence is in this state; (3) The service is performed within the United States or Canada, if such service is not covered under the unemployment compensation law of any other state or Can ada and the place from which the service is directed and controlled is in this state; or (4) The service is performed outside the United States, except Canada, by an indi vidual who is a citizen of the United States in the employ of an American employer, other than service which is deemed 'employment' under subsections (d) and (e) of this Code section or the parallel provisions of another state's law, if:
(A) The employer's principal place of business is located in this state;
(B) The employer has no place of business in the United States, but:
(i) The employer is an individual who is a resident of this state;
(ii) The employer is a corporation which is organized under the laws of this state; or
(iii) The employer is a partnership or a trust and the number of partners or trustees who are residents of this state is greater than the number who are resi dents of any other state; or
(C) None of the criteria of subparagraphs (A) and (B) of this paragraph is met but the employer has elected coverage in this state or, the employer having failed
580
JOURNAL OF THE HOUSE,
to elect coverage in any state, the individual has filed a claim for benefits based on such service pursuant to this chapter. (c) For the purposes of paragraph (4) of subsection (b) of this Code section: (1) The term 'American employer' means:
(A) An individual who is a resident of the United States; (B) A partnership, if two-thirds or more of the partners are residents of the United States; (C) A trust, if all the trustees are residents of the United States; or
(D) A corporation organized under the laws of the United States or of any state. (2) The term 'United States' includes the states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
(d) Services performed within this state but not covered under subsection (b) of this Code section shall be deemed to be employment subject to this chapter if contributions are not required and paid with respect to such services under an unemployment com pensation law of any other state or of the federal government.
(e) Services not covered under subsection (b) of this Code section and performed entirely outside this state, with respect to no part of which contributions are required and paid under an unemployment compensation law of any other state or of the federal government, shall be deemed to be employment subject to this chapter if the individual performing such services is a resident of this state and the Commissioner approves the election of the employing unit for whom such services are performed that the entire ser vice of such individual be deemed to be employment subject to this chapter.
(f) Services performed by an individual for wages shall be deemed to be employment
subject to this chapter unless and until it is shown that: (1) Such individual has been and will continue to be free from control or direction
over the performance of such services, both under the individual's contract of service
and in fact; (2) Such service is outside the usual course of the business for which such service
is performed or such service is performed outside of all the places of business of the
enterprise for which such service is performed; and (3) Such individual is customarily engaged in an independently established trade,
occupation, profession, or business. (g) (1) The term 'employment' shall include all services performed, including ser
vice in interstate commerce, by: (A) Any officer of a corporation; or (B) Any individual, other than an individual who is an employee under subpara-
graph (A) of this paragraph, who performs services for remuneration for any person:
(i) As an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages other
than milk, or laundry or dry-cleaning services for his or her principal; or (ii) As a traveling or city salesman, other than an agent-driver or commission-
driver, engaged upon a full-time basis in the solicitation on behalf of and the transmission to his principal, except for sideline sales activities on behalf of some
other person, of orders from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments for merchandise for resale or
supplies for use in their business operations. (2) For purposes of subparagraph (B) of paragraph (1) of this subsection, the term
'employment' shall include services described in divisions (l)(B)(i) and (l)(B)(ii) of this subsection performed only if:
(A) The contract of service contemplates that substantially all of the services are to be performed personally by such individual;
(B) The individual does not have a substantial investment in facilities used in connection with the performance of the services other than in facilities for transpor
tation; and (C) The services are not in the nature of a single transaction that is not part
of a continuing relationship with the person for whom the services are performed, (h) The term 'employment' shall include service performed in the employ of this
state or any of its instrumentalities or any political subdivision of this state or any of
THURSDAY, FEBRUARY 7, 1991
581
its instrumentalities or any instrumentality of more than one of the foregoing or any instrumentality of any of the foregoing and one or more other states or political subdivi sions, provided that such service is excluded from 'employment' as defined in the Fed eral Unemployment Tax Act by Section 3306(c)(7) of that act and is not excluded from 'employment' under paragraph (3) of subsection (j) of this Code section. Each of the governmental entities described above shall be individually liable for the payment of contributions or reimbursement for payment of benefits as provided in Code Sections 34-8-158 through 34-8-161; and each shall be individually responsible for the filing of quarterly wage summary reports as promulgated in regulations by the Commissioner and provided in Code Section 34-8-165. For the purposes of the unemployment compensation coverage provided for by this chapter, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed to be employees of this state.
(i) The term 'employment' shall include service performed by an individual in the employ of a religious, charitable, educational, or other organization, but only if such
organization meets the definition of employer in Code Section 34-8-33. (j) For the purposes of subsections (h) and (i) of this Code section, the term 'employ
ment' does not apply to service performed: (1) In the employ of: (A) A church or convention or association of churches; or
(B) An organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or conven tion or association of churches;
(2) By a duly ordained, commissioned, or licensed minister of a church in the exer
cise of his or her ministry or by a member of a religious order in the exercise of duties required by such order;
(3) In the employ of a governmental entity referred to in subsection (h) of this Code section if such service is performed by an individual in the exercise of duties:
(A) As an elected official;
(B) As a member of a legislative body or a member of the judiciary of a state or political subdivision;
(C) As a member of the state National Guard or Air National Guard; or (D) In a position which, under or pursuant to the laws of this state, is desig
nated as (i) a major nontenured policy-making or advisory position, or (ii) a policymaking or advisory position, the performance of the duties of which ordinarily does not require more than eight hours per week;
(4) By an individual receiving rehabilitation or remunerative work in a facility con ducted for the purpose of carrying out a program of rehabilitation for individuals
whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who, because of their impaired physi
cal or mental capacity, cannot be readily absorbed in the competitive labor market; (5) By an individual receiving work relief or work training as part of an unemploy
ment work-relief or work-training program assisted or financed in whole or in part by
any federal agency or an agency of a state or political subdivision thereof. This exclu sion shall not apply to programs that provide for and require unemployment insurance
coverage for the participants; or (6) By an inmate of a custodial or penal institution.
(k) The term 'employment' shall include service performed on or in connection with an American vessel or American aircraft under a contract of service which is entered
into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States,
if the employee is employed on and in connection with such vessel or aircraft when out side the United States.
(1) The term 'employment' shall include domestic service in a private home, local col lege club, or local chapter of a college fraternity or sorority, but only if the employing
unit meets the definition of employer in Code Section 34-8-33. (m) (1) The term 'employment' shall include service performed by an individual in
agricultural labor, as defined in paragraph (2) of this subsection, but only if the employing unit meets the definition of employer in Code Section 34-8-33.
582
JOURNAL OF THE HOUSE,
(2) As used in this subsection, the term 'agricultural labor* means service on a farm:
(A) In the employ of any employing unit in connection with cultivating the soil or in connection with raising or harvesting any agricultural or horticultural commod ity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, fur-bearing animals, and wildlife;
(B) In the employ of the owner or tenant or other operator of a farm in connec tion with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, if the major part of such service is per
formed on a farm; (C) In connection with the production or harvesting of any commodity defined
as an agricultural commodity in Section 15(g) of the federal Agricultural Marketing Act of 1946, as amended, or in connection with the ginning of cotton or in connec tion with the operation or maintenance of ditches, canals, reservoirs, or waterways not owned or operated for profit and used exclusively for supplying and storing water for farming purposes; or
(D) In handling, planting, drying, packing, packaging, processing, freezing, grad ing, storing, or delivering to storage or to market or to a carrier for transportation to market any agricultural or horticultural commodity, but only if such service is performed as an incident to ordinary farming operations or, in the case of fruits and vegetables, as an incident to the preparation of such fruits or vegetables for market. This paragraph shall not be deemed to be applicable with respect to service per formed in connection with commercial canning or commercial freezing or in connec tion with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption. This paragraph shall also apply to services performed in the employ of a group of operators of farms, or a cooperative organiza tion of which such operators are members, in the performance of service prescribed in this paragraph, but only if such operators produced more than one-half of the commodity with respect to which such service is performed. (3) As used in this subsection, the term 'farm' includes:
(A) Those farms used for production of stock, dairy products, poultry, fruit, and fur-bearing animals; and
(B) Truck farms, plantations, ranches, nurseries, ranges, greenhouses, orchards, or other similar structures or tracts used primarily for the raising of agricultural or horticultural commodities. (4) For the purposes of this subsection, any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other per son shall be treated as an employee of such crew leader:
(A) If such crew leader holds a valid certificate of registration under the federal Farm Labor Contractor Registration Act of 1963 or if substantially all the members of such crew operate or maintain tractors, mechanized harvesting or crop-dusting equipment, or any other mechanized equipment which is provided by such crew leader; and
(B) If such individual is not an employee of such other person within the mean ing of paragraph (1) of this subsection.
(5) For the purposes of paragraph (4) of this subsection, in the case of any worker who is furnished by a crew leader to perform service in agricultural labor for any other person and who is not treated as an employee of such crew leader under this para graph:
(A) Such other person and not the crew leader shall be treated as the employer of the worker; and
(B) Such other person shall be treated as having paid cash remuneration to the worker in an amount equal to the amount of cash remuneration paid to the worker by the crew leader, either on the worker's own behalf or on behalf of such other person, for the service in agricultural labor performed for such other person.
(6) For purposes of paragraphs (4) and (5) of this subsection, the term 'crew leader' means an individual who:
THURSDAY, FEBRUARY 7, 1991
583
(A) Furnishes workers to perform service in agricultural labor for any other per son;
(B) Pays, either on such individual's own behalf or on behalf of another person, the workers so furnished for the service in agricultural labor performed by them; and
(C) Has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person, (n) The term 'employment' shall not include: (1) Service not in the course of the employer's trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for such service is $50.00 or more and such service is performed by an individual who is regularly employed by such employer to perform such service. For the purposes of this para graph, an individual shall be deemed to be regularly employed by an employer during a calendar quarter only if:
(A) On each of some 24 days during such quarter such individual performs for such employer for some portion of the day service not in the course of the employ er's trade or business; or
(B) Such individual was regularly employed, as determined under subparagraph (A) of this paragraph, by such employer in the performance of such service during the preceding calendar quarter; (2) Service performed in the employ of a hospital, if such service is performed by
a patient of a hospital; (3) Service performed by an individual in the employ of the individual's son,
daughter, or spouse and service performed by a child under the age of 21 years in the employ of his or her father or mother;
(4) Service performed in the employ of the United States government or of an instrumentality wholly owned by the United States; except that, if the Congress of the United States shall permit states to require any instrumentalities of the United States to make payments into an unemployment fund under a state unemployment compen sation law or act, then, to the extent permitted by Congress and from and after the date as of which such permission becomes effective, all of the provisions of this chap ter shall be applicable to such instrumentalities and to services performed by employ ees for such instrumentalities in the same manner, to the same extent, and on the same terms as to all other employers and employing units;
(5) Service performed in the employ of an employer, as defined by the federal Railroad Unemployment Insurance Act, or as an 'employee representative,' as defined by the federal Railroad Unemployment Insurance Act, and service with respect to which unemployment compensation is payable under an unemployment compensation system for maritime employees or under any other unemployment compensation sys tem established by an act of Congress; provided, however, that the Commissioner is authorized and directed to enter into agreements with the proper agencies under such act or acts of Congress, which agreements shall become effective ten days after publi cation thereof in the manner provided in Code Section 34-8-71 for general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under this chapter, acquired rights to unemployment compensation under such act or acts of Congress or who have, after acquiring potential rights to unemploy ment compensation under such act or acts of Congress, acquired rights to benefits under this chapter;
(6) Service performed in any calendar quarter in the employ of any organization exempt from income tax under 26 U.S.C. Section 501:
(A) The remuneration for which does not exceed $50.00; or (B) In the employ of a school, college, or university, if such service is performed by a student who is enrolled and is regularly attending classes at such school, col lege, or university or by the spouse of such a student, if such spouse is advised, at the time such spouse commences to perform such service, that (i) the employment of such spouse to perform such service is provided under a program to provide financial assistance to such student by such school, college, or university and (ii) such employment will not be covered by any program of unemployment insurance;
584
JOURNAL OF THE HOUSE,
(7) Services performed as a student nurse in the employ of a hospital or a nurses' training school by an individual who is enrolled and is regularly attending classes in a nurses' training school chartered or approved pursuant to state law; and service per formed in the employ of a hospital in a clinical training program for a period of one year by an individual immediately following the completion of a four-year course in a medical school chartered or approved pursuant to state law;
(8) Service performed by an individual under the age of 18 years in the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution;
(9) Service performed by an individual for an employer as an insurance agent or as an insurance solicitor or as a licensed real estate salesperson, if all such service per formed by such individual for such employer is performed for remuneration solely by way of commission;
(10) Services performed for an employer who is a common carrier of persons or property by an individual, firm, or corporation, as commission agent, in disseminating information with respect to and selling transportation of persons or property, and in maintaining facilities incidental thereto, including waiting areas, dining rooms, and rest rooms for passengers and storage space for property; provided, however, that:
(A) All such services are performed by such individual, firm, or corporation as an independent contractor for such employer and are remunerated solely by way of commissions on the sale price of such transportation;
(B) The employer exercises no general control over such commission agent but only such control as is necessary to assure compliance with its filed tariffs and with the laws of the United States and the State of Georgia and the rules and regulations of the Public Service Commission, the Interstate Commerce Commission, and all other regulatory bodies having jurisdiction of the premises; and
(C) Such services are not rendered in an establishment devoted primarily to use as a waiting room for the passengers or as a storage room for the property carried or to be carried by such common carrier; (11) Service performed by an individual who is enrolled as a student at a nonprofit or public educational institution which normally maintains a regular faculty and cur riculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on, in a full-time program taken for credit at such institution, which program combines academic instruction with work experience, if such service is an integral part of such program and such institution has so certified to the employer, except that this paragraph shall not apply to service per formed in a program established for or on behalf of an employer or group of employ ers; (12) Service performed by an individual in or as an officer or member of the crew of a vessel while it is engaged in the catching, taking, harvesting, cultivating, or farm ing of any kind of fish, shellfish, Crustacea, sponges, seaweed, or other aquatic forms of animal and vegetable life, including service performed by any such individual as an ordinary incident to any such activity, except:
(A) Service performed in connection with the catching or taking of salmon or halibut for commercial purposes; and
(B) Service performed on or in connection with a vessel of more than ten net tons, which tonnage shall be determined in the manner provided for determining the registered tonnage of merchant vessels under the laws of the United States;
(13) Service, other than service performed by a child under the age of 18 years in the employ of his or her father or mother, performed by an individual on a boat engaged in catching fish or other forms of aquatic animal life under an arrangement with the owner or operator of such boat pursuant to which:
(A) Such individual does not receive any cash remuneration other than as pro vided in subparagraph (B) of this paragraph;
(B) Such individual receives a share of the boat's catch or, in the case of a fish ing operation involving more than one boat, the boats' catch of fish or other forms of aquatic animal life or a share of the proceeds from the sale of such catch; and
THURSDAY, FEBRUARY 7, 1991
585
(C) The amount of such individual's share depends on the amount of the boat's catch or, in the case of a fishing operation involving more than one boat, the boats' catch of fish or other forms of aquatic animal life, but only if the operating crew of such boat or, in the case of a fishing operation involving more than one boat, the operating crew of each boat from which the individ ual receives a share is normally made up of fewer than ten individuals; (14) Service performed in the employ of a foreign government; or (15) If the services performed during one-half or more of any pay period by an employee for the employing unit employing him or her constitute employment, all the services of such employee for such period shall be deemed to be employment; but, if the services performed during more than one-half of any such pay period by an employee for the employing unit employing him or her do not constitute employment, then none of the services of such employee for such period shall be deemed to be employment. As used in this Code section, the term 'pay period' means a period of not more than 31 consecutive days for which payment of remuneration is ordinarily made to the employee by the employing unit employing him or her. This Code section shall not be applicable with respect to services performed in a pay period by an employee for the employing unit employing him or her where any of such service is excepted by paragraph (5) of subsection (n) of this Code section. 34-8-36. As used in this chapter, the term 'employment office' means a free public employment office or branch thereof operated by this state or maintained as a part of a state controlled system of public employment offices. 34-8-37. As used in this chapter, the term 'Employment Security Administration Fund' means the Employment Security Administration Fund which is established by this chapter and from which administrative expenses under this chapter shall be paid. 34-8-38. As used in this chapter, the term 'experience rating account' means the individual experience of a covered employer, as determined by factors set forth in Code Sections 34-8-150 through 34-8-157. 34-8-39. As used in this chapter, the term 'extended benefits' means benefits, including benefits payable to federal civilian employees and to ex-service personnel pur suant to 5 U.S.C. Chapter 85, payable to an individual under Code Section 34-8-197 for the weeks of unemployment in the eligibility period of the individual. 34-8-40. As used in this chapter, the term 'fund* means the Unemployment Com pensation Fund which is established by Code Section 34-8-83 and from which all bene fits provided under this chapter shall be paid. 34-8-41. As used in this chapter, the term 'insured work' means employment for a liable employer. 34-8-42. As used in this chapter, the term 'liable employer' means an employer who is responsible for the payment of unemployment contributions or payments in lieu of contributions or a governmental entity. 34-8-43. (a) As used in this chapter and except as otherwise provided in subsection (b) of this Code section, the term 'most recent employer' means the last liable employer for whom an individual worked and: (1) The individual was separated from work for a disqualifying reason;
(2) The individual was released or separated from work under nondisqualifying conditions and earned wages of at least ten times the weekly benefit amount of the claim; or
(3) The employer files the claim for the individual by submitting such reports as authorized by the Commissioner.
(b) As used in this chapter, the term 'most recent employer' means, for claims with benefit years that begin on or before December 31, 1991, the last liable employer for whom an individual worked and:
(1) From whom the individual was separated from work for a disqualifying reason; or
(2) From whom the individual was released or separated from work under nondisqualifying conditions and earned wages equal to the lesser of $500.00 or eight times the weekly benefit amount of the claim.
586
JOURNAL OF THE HOUSE,
(c) Where no employer in subsection (a) or (b) of this Code section meets the defini tion of most recent employer from the beginning of the base period to the date the claim is filed, the last liable employer for whom the individual worked shall be considered as the most recent employer for determining eligibility for benefits.
(d) Where periods of employment with the same liable employer fail, independently, to meet the definition of most recent employer in subsection (a) or (b) of this Code sec tion, such periods of employment may be used cumulatively to determine the most recent employer and eligibility for benefits shall be determined by the reason for separa tion from the last employment with such employer.
34-8-44. As used in this chapter, the term 'state' includes the states of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
34-8-45. As used in this chapter, the term 'supplemental unemployment benefits' means only:
(1) Benefits which are paid to an employee because of such employee's involuntary separation from the employment of the employer, whether or not such separation is temporary, which separation results directly from a reduction in force, the discontinu
ance of a plant or operation, or other similar conditions; and (2) Sickness and accident benefits subordinate to the benefits described in para
graph (1) of this Code section.
34-8-46. As used in this chapter, the term 'temporary help contracting firm' means any person who is in the business of employing individuals and, for compensation from
a third party, providing those individuals to perform work for the third party under the general or direct supervision of the third party. Employment with a temporary help con tracting firm is characterized by a series of limited-term assignments of an employee to
a third party, based on a contract between the temporary help contracting firm and the third party. A separate employment contract exists between the temporary help con
tracting firm and each individual it hires as an employee. Completion of an assignment for a third party by an employee employed by a temporary help contracting firm does
not, in itself, terminate the employment contract between the temporary help contract ing firm and the employee.
34-8-47. For purposes of this chapter, an individual shall be deemed 'unemployed' in any week during which the individual performs no services and with respect to which no wages are payable to him or her or in any week of less than full-time work if his
or her deductible earnings do not equal or exceed his or her weekly benefit amount. The Commissioner shall prescribe regulations applicable to unemployed individuals and shall
make such distinctions in the procedures as to total unemployment, partial unemploy ment of individuals attached to their regular jobs, temporary employment, and other
forms of short-time work as is deemed necessary. An individual compensated solely on a commission basis shall be deemed to be unemployed only upon the termination of his or her contract of employment.
34-8-48. As used in this chapter, the term 'valid claim' means a claim filed for unemployment compensation benefits in which sufficient base period wages establish a monetary entitlement as provided in Code Section 34-8-193.
34-8-49. (a) (1) As used in this chapter, the term 'wages' means all remuneration for personal services, including commissions and bonuses and the cash value of all
remuneration paid in any medium other than cash. The reasonable cash value of remuneration in any medium other than cash shall be estimated and determined in
accordance with the rules or regulations prescribed by the Commissioner. (2) The term 'wages' also means, for the purpose of determining benefit rights of
a claimant, wages payable but unpaid where the employer has been adjudicated bank rupt,
(b) The term 'wages' shall not include: (1) For the purposes of Code Section 34-8-20 and Articles 5 and 6 of this chapter,
except Code Sections 34-8-156 and 34-8-157, any remuneration paid in excess of tax able wages. For purposes of this chapter, 'taxable wages' means that portion of remu
neration paid by an employer to each employee, subject to unemployment insurance contributions for each calendar year which does not exceed the following amounts:
THURSDAY, FEBRUARY 7, 1991
587
(A) For the period January 1, 1976, through December 31, 1982 -- $6,000.00; (B) For the period January 1, 1983, through December 31, 1985 -- $7,000.00; (C) For the period January 1, 1986, through December 31, 1989 -- $7,500.00; and (D) January 1, 1990, and thereafter -- $8,500.00; provided, however, that in cases of successorship of an employer, the amount of wages paid by the predecessor shall be considered for purposes of this provision as having been paid by the successor employer; (2) The amount of any payment to or on behalf of an employee under a plan or system established by an employer which makes provision for its employees generally or for a class or classes of its employees, including any amount paid by an employer for insurance or annuities or into a fund to provide for any such payment, on account of: (A) The termination of an employee's employment relationship because of (i) death, or (ii) retirement for disability, other than any such payment or series of payments which would have been paid to the employee or his or her dependents if the employee's employment relationship had not been so terminated; (B) The supplementation of unemployment benefits to an individual under the terms of a written agreement, contract, trust arrangement, or other instrument. Such payments shall not be construed to be wages or compensation for personal ser vices under this chapter and benefit payments under this chapter shall not be denied or reduced because of the receipt of payments under such arrangements or plans; (C) Sickness or accident disability, but, in the case of payments made to an employee or any of his or her dependents, this subparagraph shall exclude from the term 'wages' only payments which are received under a workers' compensation law; (D) Medical and hospitalization expenses in connection with sickness or accident disability; (E) Death; or
(F) Temporary layoff, but, in the case of payments made to an employee who is temporarily laid off or to any of his or her dependents, this subparagraph shall exclude from the term 'wages' only payments made out of a 100 percent vested account in the name of such employee under a pension or profit-sharing plan or trust that is qualified under Section 501 (a) of the federal Internal Revenue Code of 1986;
(3) Payment by an employer without deduction from the remuneration of an employee of the tax imposed by Section 3101 of the federal Internal Revenue Code of 1986, with respect to remuneration paid to an employee for domestic service in a private home of the employer or for agricultural labor;
(4) Any remuneration paid for services by an alien, unless such alien is an individ ual who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or otherwise was permanently residing in the United States under color of law, including an alien who was lawfully present in the United States as a result of the application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the federal Immigration and Nationality Act;
(5) Any remuneration paid in any medium other than cash to an employee for agricultural labor or for service not in the course of the employer's trade or business;
(6) Any payment on account of sickness or accident disability, or medical or hospi talization expenses in connection with sickness or accident disability, made by an employer to, or on behalf of, an employee after the expiration of six calendar months following the last calendar month in which the employee worked for such employer;
(7) Any payment made to, or on behalf of, an employee or his beneficiary from, under, or to a trust, annuity plan, simplified employee pension plan, annuity contract, exempt governmental deferred compensation plan, supplemental pension benefits plan or trust, or cafeteria plan, as such payments are defined under Section 3306(b)(5) of the federal Internal Revenue Code of 1986; or
588
JOURNAL OF THE HOUSE,
(8) Any payment made by an employer to a survivor or the estate of a former employee after the calendar year in which such employee died. (c) Any remuneration not elsewhere included in the definition of wages by this chap ter, but for which services are performed within this state and for which an employing unit is liable for any federal tax against which credit may be taken for contributions paid into a state fund, shall, for the purposes of this chapter and notwithstanding any other provisions, constitute wages for employment, but only to the extent that such remuneration constitutes wages on which federal tax is payable. 34-8-50. As used in this chapter, the term 'week' means such period of seven consec utive calendar days ending at 12:00 Midnight as the Commissioner may by regulation prescribe. 34-8-51. As used in this chapter, the term 'weekly benefit amount' means the dollar amount, prior to any deductions, which an individual may be entitled to receive for one week of total unemployment.
ARTICLE 3
34-8-70. (a) It shall be the duty of the Commissioner to administer this chapter. (b) The Commissioner shall have power and authority to adopt, amend, or rescind such rules and regulations and to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as deemed necessary or suitable to that end, and such rules and regulations shall be effective upon publica tion in the manner, not inconsistent with this chapter, which the Commissioner shall prescribe. (c) The Commissioner shall determine methods of organization and procedure in accordance with this chapter and shall have an official seal, which shall be judicially noticed. (d) Not later than February 1 of each year, the Commissioner shall submit to the Governor a report covering the administration and operation of this chapter during the preceding fiscal year and shall make such recommendations for amendments to this chapter as deemed proper. Such report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in the future years to pay benefits in excess of the then current contributions, which reserve shall be established by the Commissioner in accordance with accepted actuarial principles on the basis of statistics regarding employment, business activity, and other relevant factors for the longest possible period. (e) Whenever the Commissioner believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, the Commissioner shall promptly so inform the Governor and the General Assembly and make recommendations with respect thereto. (f) The Commissioner shall fully cooperate with the agencies of other states and shall make every proper effort to oppose and prevent any further action which would in the Commissioner's judgment tend to effect complete or substantial federalization of state unemployment compensation funds or state employment security programs. In addition, the Commissioner may make and may cooperate with other appropriate agencies in making studies as to the practicality and probable cost of possible new state adminis tered social security programs and the relative desirability of state, rather than federal, action in any such field. (g) The Commissioner is authorized to enter into such cooperative agreements or contracts with appropriate officials in other states or with the United States Secretary of Labor for the purpose of the reciprocal collection of overpayments or delinquent con tributions, penalties, interest, and costs or for such other purposes as reasonably relate to the discharge of the Commissioner's responsibilities under this chapter. (h) Notwithstanding any other provision of this chapter, the Commissioner may recover an overpayment of benefits paid to any individual under this state or another state's unemployment benefit law or under an unemployment benefit program of the United States.
THURSDAY, FEBRUARY 7, 1991
589
34-8-71. The Commissioner shall make available to the public copies of the text of this chapter, any rules or regulations promulgated pursuant to this chapter, the Commis sioner's annual reports to the Governor, and any other material the Commissioner deems relevant. Such copies shall be furnished without cost, provided the request for copies is nominal and reasonable.
34-8-72. The Commissioner shall appoint a State Advisory Council and may appoint local or industry advisory councils, composed in each case of an equal number of employer representatives and employee representatives who may fairly be regarded as representative because of their vocation, employment, or affiliations and of such mem bers representing the general public as the Commissioner may designate. Such councils shall aid the Commissioner in formulating policies and discussing problems related to the administration of this chapter and in assuring impartiality and freedom from politi cal influence in the resolution of such problems. Such advisory councils shall serve with out compensation but shall be reimbursed for any necessary expenses.
34-8-73. (a) The department shall administer the provisions of this chapter and all programs relating to state employment services and unemployment compensation.
(b) The Commissioner may, at his or her discretion, create an Employment Security Agency and a director of such agency within the department and may delegate in writ ing to such agency and director and to any subordinate official or employee such powers, duties, and responsibilities as the Commissioner deems appropriate to administer this chapter and the programs relating to state employment services and unemployment compensation.
34-8-74. Subject to other provisions of this chapter, the Commissioner is authorized to appoint, fix the compensation of, and prescribe the duties and powers of such officers, accountants, attorneys, experts, and other persons as may be necessary in the perform ance of the Commissioner's duties under this chapter. The Commissioner may delegate to any such person such power and authority as deemed reasonable and proper for the effective administration of this chapter and may, in the discretion of the Commissioner, bond any persons handling moneys or signing checks under this chapter.
34-8-75. The Commissioner shall designate an experience rating committee. The committee shall be composed of one representative of employers, one representative of employees, and one representative of the department. The committee shall be consti tuted as a continuing committee for the purpose of conducting studies of experience rat ing and from time to time making recommendations to the Commissioner and the advisory council as to desirable modifications and improvements of the law, procedures, and regulations adopted in connection with the experience rating program.
34-8-76. The Commissioner, with the advice and aid of the State Advisory Council and the local or industry advisory councils, shall take all appropriate steps to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining, and vocational guidance; to investigate, recommend, advise, and assist in the establishment and operation, by municipalities, counties, school districts, and the state, of reserves for public works to be used in times of business depressions and unemployment; to promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and to these ends to carry on and publish the results of investigations and research studies.
34-8-77. (a) The State Employment Service is established as a program adminis tered by the department. The Commissioner shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper administration of this chapter and for the purposes of performing such duties as are within the purview of the federal Wagner-Peyser Act, 29 U.S.C. Section 49(c), as amended. The Commissioner is authorized to cooperate with or enter into agreements with any official or agency of the United States having powers or duties under the fed eral Wagner-Peyser Act and to do and perform all things necessary to secure to this state the benefits of that act in the promotion and maintenance of a system of public employment offices. The provisions of the federal Wagner-Peyser Act are accepted by this state, in conformity with Section 4 of that act, and this state will observe and com ply with the requirements thereof. The Department of Labor is designated and consti tuted the agency of this state for the purposes of that act.
590
JOURNAL OF THE HOUSE,
(b) For the purpose of establishing and maintaining free public employment offices, the Commissioner is authorized to enter into agreements with the Railroad Retirement Board or any other agency of the United States charged with the administration of any unemployment compensation law, with any political subdivision of this state, or with any private, nonprofit organization; and, as a part of any such agreement, the Commis sioner may accept moneys, services, or quarters as a contribution.
34-8-78. (a) There shall be a Board of Review of the Department of Labor, which board shall consist of three members. Each member shall be appointed by the Governor for a term of six years. Each member shall be compensated for such member's services, which compensation shall be fixed by the Governor and paid from the Employment Security Administration Fund. The Governor may, at any time, after notice and a hear ing, remove any member for cause. Vacancies shall be filled by appointment by the Gov ernor for the unexpired term.
(b) The Governor may appoint additional alternative members of the board of review as needed to ensure the prompt and efficient review of cases by the board of review. Those members may participate in any cases in which the other members are unable to participate.
(c) The board of review shall have the powers and authority and shall perform the functions conferred upon it by this chapter.
34-8-79. (a) In the administration of this chapter, the Commissioner shall cooper ate, to the fullest extent consistent with this chapter, with the United States Secretary of Labor and the federal official responsible for the allocation of funds for the adminis tration of this chapter and for making other administrative determinations within the federal province under the federal Social Security Act, as amended; shall make such reports in such form and containing such information as the United States Secretary of Labor and such federal official may from time to time require and shall comply with such provisions as the United States Secretary of Labor and such federal official may from time to time find necessary to assure the correctness and verification of such reports; and shall comply with the regulations prescribed by the United States Secretary of Labor and such federal official governing the expenditures of such sums as may be allotted and paid to this state under Title III of the federal Social Security Act for the purpose of assisting in the administration of this chapter.
(b) Upon request therefor, the Commissioner shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient's rights to further benefits under this chap ter.
(c) The Commissioner may request the comptroller of the currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to this chapter and may in connection with such request transmit any such report or return to the comptroller of the currency of the United States as provided in 26 U.S.C. Section 3305(c).
34-8-80. (a) The Commissioner shall participate in any arrangements for the pay ment of compensation on the basis of combining an individual's wages and employment covered under this chapter with the individual's wages and employment covered under the unemployment compensation laws of other states, which arrangements are approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which include provisions for (1) applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws and (2) avoiding the duplicate use of wages and employment by reason of such combining.
(b) Payments to another state's trust fund shall be deemed to be benefits for the purposes of Code Sections 34-8-83 through 34-8-86, 34-8-150 through 34-8-161, 34-8-191, and 34-8-193, provided that appropriate charges may be made to employers' accounts for benefits so payable based on wages in this state. The Commissioner is authorized to
THURSDAY, FEBRUARY 7, 1991
591
make payment to other state or federal agencies and receive payment from such other state or federal agencies, in accordance with arrangements pursuant to this Code section.
34-8-81. (a) There is created a trust fund, with the Commissioner as trustee, to be known as the Employment Security Administration Fund. All moneys which are depos ited or paid into this fund shall be continuously available to the Commissioner for expenditure in accordance with this chapter and shall not lapse at any time or be trans ferred to any other fund except as provided in this Code section and shall not be subject to Article 4 of Chapter 12 of Title 45. All moneys in this fund, except money received under Code Section 34-8-85 pursuant to Section 903 of the federal Social Security Act, as amended, which are received from the federal government or any agency thereof or which are appropriated by this state for the purposes described in Code Section 34-8-77 shall be expended solely for the purposes and in the amounts found necessary by the United States Secretary of Labor for the proper and efficient administration of this chapter.
(b) The fund shall consist of all moneys appropriated by this state for the purposes described in Code Section 34-8-77; all moneys received from the United States or any agency thereof, including the United States Secretary of Labor; all moneys, except funds appropriated pursuant to Code Section 34-8-92, received from any other source for such purpose; any moneys received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency; any amounts received pursuant to any surety bond or insurance policy or from other sources for losses sus tained by the Employment Security Administration Fund or by reason of damage to equipment or supplies purchased from moneys in such fund; and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this chapter.
(c) All moneys in this fund shall be deposited, administered, and disbursed in the manner and under the conditions and requirements provided under this chapter, except that moneys in this fund shall not be commingled with other state funds but shall be maintained in a separate account on the books of a depository bank. Such moneys shall be secured by the depository in which they are held to the same extent and in the same manner as required by the general depository laws of this state, and collateral pledged shall be maintained in separate custody account. The Commissioner shall be liable on the Commissioner's official bond for the faithful performance of duties in connection with the Employment Security Administration Fund provided for under this chapter. All sums recovered on any surety bond for losses sustained by the Employment Security Administration Fund shall be deposited in the fund.
(d) Notwithstanding any provision of this Code section, all money requisitioned and deposited in this fund under Code Section 34-8-85 pursuant to Section 903 of the federal Social Security Act, as amended, shall remain part of the Unemployment Trust Fund and shall be used only in accordance with conditions specified in Code Section 34-8-85.
34-8-82. This state recognizes its obligation to replace and declares it to be the pol icy of this state that funds will be provided in the future and applied to the replacement of any moneys received from the United States Secretary of Labor or the federal official responsible for the allocation of funds for the administration of this chapter and for making other administrative determinations within the federal province under Title III of the federal Social Security Act; any unencumbered balances in the Employment Secu rity Administration Fund as of that date; any moneys thereafter granted to this state pursuant to the provisions of the federal Wagner-Peyser Act; and any moneys made available by the state or its political subdivisions and matched by such moneys granted to this state pursuant to the provisions of the federal Wagner-Peyser Act, which the United States Secretary of Labor or other responsible federal official finds, because of any action or contingency, have been lost or have been expended for purposes other than or in amounts in excess of those found necessary by the United States Secretary of Labor or other responsible federal official. Such moneys shall be promptly replaced by moneys appropriated for such purpose from the general funds of this state to the Employment Security Administration Fund for expenditure as provided in Code Section 34-8-81. The Commissioner shall promptly report to the Governor, and the Governor to the General Assembly, the amount required for such replacement.
592
JOURNAL OF THE HOUSE,
34-8-83. There is established as a trust fund, separate and apart from all other pub lic funds of this state, an Unemployment Compensation Fund, which shall be adminis tered by the Commissioner exclusively for the purposes of this chapter. The fund shall consist of:
(1) All contributions collected under this chapter; (2) All payments in lieu of contributions collected under Code Sections 34-8-158 through 34-8-161; (3) Interest earned upon any moneys in the fund; (4) Any property or securities acquired through the use of moneys belonging to the fund; (5) All earnings of such property or securities;
(6) All moneys credited to this state's account in the Unemployment Trust Fund pursuant to Section 903 and related sections of the federal Social Security Act, as amended;
(7) All moneys received from the federal government as reimbursements pursuant to Section 204 of the Federal-State Extended Unemployment Compensation Act of 1970; and
(8) All moneys received for the fund from any other source.
34-8-84. The Commissioner shall be custodian of the Unemployment Compensation Fund and shall administer the fund in accordance with such rules and regulations as the Commissioner shall prescribe. The Commissioner shall maintain within the fund three separate accounts: (1) a clearing account, (2) an unemployment trust fund account, and (3) a benefit account. The Commissioner shall immediately deposit all moneys payable to the fund, upon receipt thereof, in the clearing account. Refunds payable pursuant to Code Section 34-8-164 may be paid from the clearing account or the benefit account upon authorization issued by the Commissioner. After clearance thereof, all other mon eys in the clearing account shall be immediately deposited with the Secretary of the Treasury of the United States to the credit of the account of this state in the Unem ployment Trust Fund established and maintained pursuant to Section 904 of the Social Security Act, as amended, any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding. The benefit account shall consist of all moneys requisitioned from this state's account in the Unemployment Trust Fund. Except as oth erwise provided in this Code section, moneys in the clearing and benefit accounts may be deposited by the Commissioner in any bank or public depository in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund; provided, however, that any charges for exchange on local bank checks in payment of contributions may be paid as expense of collection from the Employment Security Administration Fund. Such money shall be secured by the deposi tory bank to the same extent and in the same manner as required by the general deposi tory laws of this state; and collateral pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral pledged to secure the other funds of the state. The Commissioner shall be liable on the Commissioner's official bond for the faithful performance of duties in connection with the Unemployment Com pensation Fund as provided under this chapter. All sums recovered on any surety bond for losses sustained by the Unemployment Compensation Fund shall be deposited in said fund.
34-8-85. Moneys shall be requisitioned from this state's account in the Unemploy ment Trust Fund solely for the payment of regular benefits and extended benefits and for refunds pursuant to Code Section 34-8-164 and in accordance with regulations pre scribed by the Commissioner, except that moneys credited to this state's account pursu ant to Section 903 of the federal Social Security Act, as amended, may be requisitioned and used exclusively as provided in paragraphs (1) through (5) of this Code section:
(1) The Commissioner shall from time to time requisition from the Unemployment Trust Fund amounts, not exceeding the amount standing in this state's account therein, as deemed necessary by the Commissioner for the payment of benefits for a reasonable future period. Upon receipt thereof, the Commissioner shall deposit the
THURSDAY, FEBRUARY 7, 1991
593
funds in the benefit account. The benefit account shall be used solely for the payment of regular benefits and extended benefits or refunds upon requisition of the Commis sioner as authorized in this Code section. Withdrawal of such funds in the benefit account shall not be subject to any provisions of law requiring specific appropriations or other formal releases of state officers of moneys in their custody. The Commission er's requisitions for lump sum withdrawals for the payment of individual benefit claims shall not exceed the balance of funds in the Unemployment Trust Fund; and such requisition shall be in an amount estimated to be necessary for benefit payments for such reasonable future period as the Commissioner may by regulation prescribe. Such lump sum amounts, when received by the Commissioner, shall be immediately deposited in the benefit account maintained in the name of the Commissioner in such bank or public depository and under such conditions as the Commissioner determines necessary; provided, however, that such bank or public depository shall be one in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund; provided, further, that such moneys shall be secured by the depository bank to the same extent and in the same manner as required by the general laws of this state governing depositories of state funds and that collateral pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral or bonds pledged or given to secure other funds of the state. The Commissioner or a duly authorized representative of the Com missioner shall be authorized to draw and issue checks on the benefit account for the payment of individual benefit claims. Any balance of moneys requisitioned from the Unemployment Trust Fund which remains unclaimed or unpaid in the benefit account after the expiration of the period for which such sums were requisitioned shall either be deducted from estimates for and may be utilized for the payment of benefits dur ing succeeding periods or, in the discretion of the Commissioner, shall be redeposited with the Secretary of the Treasury of the United States to the credit of this state's account in the Unemployment Trust Fund as provided in Code Section 34-8-84;
(2) Moneys credited to the account of this state in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended, may be requisitioned and used in the pay ment of expenses incurred for the administration of this chapter pursuant to a specific appropriation by the General Assembly, provided that the expenses are incurred and the moneys are requisitioned after the enactment of an appropriations Act which:
(A) Specifies the purposes for which such moneys are appropriated and the amount appropriated therefor; and
(B) Limits the period within which such moneys may be expended to a period ending not more than two years after the date of the enactment of the appropria tions Act; (3) Moneys credited to the account of this state pursuant to Section 903 of the federal Social Security Act, as amended, may not be withdrawn or used except for the payment of benefits or for the payment of expenses for the administration of this chapter and of public employment offices pursuant to this Code section; (4) Moneys appropriated for the payment of expenses of administration pursuant to this Code section shall be requisitioned as needed for the payment of obligations incurred under such appropriation and, upon requisition, shall be deposited in the Employment Security Administration Fund, but, until expended, shall remain a part of the Unemployment Trust Fund. The Commissioner shall maintain a separate record of the deposit, obligation, expenditure, and return of funds so deposited. If any moneys so deposited are, for any reason, not to be expended for the purposes for which they were appropriated, such moneys shall be returned promptly to the Secre tary of the Treasury of the United States for credit to this state's account in the Unemployment Trust Fund; and (5) There is authorized to be appropriated by the General Assembly to the Depart ment of Labor any part of or all moneys credited to the account of this state in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended, and as pro vided in this Code section.
594
JOURNAL OF THE HOUSE,
34-8-86. Code Sections 34-8-83 through 34-8-85, to the extent that they relate to the Unemployment Trust Fund, shall be operative only so long as such trust fund continues to exist and so long as the Secretary of the Treasury of the United States continues to maintain for this state a separate book account of all funds deposited therein by this state for benefit purposes, together with this state's proportionate share of the earnings of the Unemployment Trust Fund, from which no other state is permitted to make with drawals. If and when such Unemployment Trust Fund ceases to exist or such separate book account is no longer maintained, all moneys, properties, or securities therein belonging to the Unemployment Compensation Fund of this state shall be transferred to the treasurer of the Unemployment Compensation Fund, who shall hold, invest, transfer, sell, deposit, and release such funds, properties, or securities in a manner approved by the Commissioner in accordance with this chapter; provided, however, that such funds shall be invested in the bonds or other interest-bearing obligations of the United States of America and of the State of Georgia; and provided, further, that such investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The Commis sioner, as custodian, shall have the discretionary authority to dispose of securities or other properties belonging to the Unemployment Compensation Fund.
34-8-87. The Commissioner is authorized to borrow funds from the United States Treasury in accordance with standards and regulations promulgated by the United States Department of Labor and pursuant to laws of the United States. Such authority is granted only to be used if and when the Unemployment Compensation Fund should be depleted; and all funds so borrowed shall be used only for the purpose of paying ben efits to those persons eligible to receive such benefits.
34-8-88. In the discharge of the duties imposed by this chapter, the Commissioner, the chief administrative hearing officer, the members of the board of review, and any duly authorized representative of any of them shall have the power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memo randa, and other records deemed necessary as evidence in connection with a disputed claim or the administration of this chapter.
34-8-89. (a) In case of contumacy or refusal to obey a subpoena by any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Commissioner, the board of review, the chief administrative hearing officer, or any duly authorized representative of any of them, shall have jurisdiction to issue to such person an order requiring such per son to appear before the Commissioner, the board of review, the chief administrative hearing officer, or any duly authorized representative of any of them to produce evi dence, if so ordered, or to give testimony regarding the matter under investigation or in question; and any failure to obey such order may be punished by the superior court as a contempt of court.
(b) Any person who shall without just cause fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in such person's power to do so, in obedience to a subpoena of the Commissioner, the board of review, the chief administrative hearing officer, or any duly authorized representative of any of them shall, upon conviction thereof, be pun ished by a fine of not less than $200.00, or by imprisonment for not longer than 60 days, or by both such fine and imprisonment; and each day such violation continues shall be deemed to be a separate offense.
34-8-90. The Commissioner shall have sole authority and responsibility to negotiate for or to enter into any necessary agreements to lease any and all property needed for establishing and maintaining offices for administration of unemployment claims and tax activities and training and placement activities prescribed in the federal Social Security Act, other federal acts, and this chapter and for all other programs which the Commis sioner has responsibility for administering under present and future federal laws or by contract.
THURSDAY, FEBRUARY 7, 1991
595
34-8-91. Benefits shall be deemed due and payable under this chapter only to the extent provided in this chapter and to the extent that funds are available therefor to the credit of the Unemployment Compensation Fund. Neither the state nor the Commis sioner shall be liable for any amount in excess of such sums.
34-8-92. All fines, penalties, and interest collected under the terms of this chapter shall be paid into the state treasury. The General Assembly shall be authorized to appropriate to the Commissioner all such funds so raised and deposited in the state treasury, which shall be payable upon requisition of the Commissioner. Such funds are to be used for the replacement of funds, as provided in Code Section 34-8-82, and for incidental expenses incurred in the administration of this chapter for which funds are not granted by the federal government through the United States Secretary of Labor or other agencies.
34-8-93. (a) Any ambiguity in this chapter shall be construed in a manner consist ent with federal law applicable to the unemployment compensation program.
(b) In the event any Code section, subsection, paragraph, subparagraph, sentence, clause, phrase, or provision of this chapter shall be ruled unconstitutional by any court or out of conformity with federal law by the United States Secretary of Labor, such pro vision shall be null and void and of no force and effect. The General Assembly declares that it would have passed the remaining portions of this chapter if it had known that any such part or provision of this chapter would be declared unconstitutional or out of conformity with federal law by the United States Secretary of Labor. Further, the Com missioner shall have the authority to make procedurally the necessary adjustments in order to bring about conformity with federal law, pending action of the General Assem bly.
ARTICLE 4
34-8-120. (a) This article is intended to reconcile the free access to public records granted by Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, and the discovery rights of judicial and administrative systems with the histori cal confidentiality of certain records of the department and the individual's right of pri vacy.
(b) The General Assembly recognizes that records and information held by the Department of Labor could be misused. Therefore, it is the intent of this article to define a right of privacy and confidentiality as regards individual and employing unit records and other records maintained by the Department of Labor. The General Assem bly further recognizes that there are situations where this right of privacy and confiden tiality is outweighed by other considerations. Therefore, it is the intent of this article to define also certain exceptions to the right of privacy and confidentiality.
34-8-121. (a) Any information or records concerning an individual or employing unit obtained by the department pursuant to the administration of this chapter or other federally funded programs for which the department has responsibility shall be private and confidential, except as otherwise provided in this article or by regulation. This arti cle does not create a rule of evidence. Information or records may be released by the department when the release is required by the federal government in connection with, or as a condition of funding for, a program being administered by the department. The provisions of paragraphs (1) through (3) of subsection (a) of Code Section 34-8-125 shall not apply to such release.
(b) (1) Each employing unit shall keep true and accurate records containing such information as the Commissioner may prescribe. Such records shall be open to inspec tion and be subject to being copied by the Commissioner or an authorized representa tive of the Commissioner at any time and as often as may be necessary. In addition to information prescribed by the Commissioner, each employer shall keep records of and report to the Commissioner quarterly the street address of each establishment, branch, outlet, or office of such employer, the nature of the operation, the number of persons employed, and the wages paid at each establishment, branch, outlet, or office.
(2) The Commissioner or an authorized representative of the Commissioner may require from any employing unit any sworn or unsworn reports deemed necessary for
596
JOURNAL OF THE HOUSE,
the effective administration of this chapter. Any member of the board of review, any administrative hearing officer, or any field representative may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which are deemed necessary for the effective administration of this chapter.
(3) Information, statements, transcriptions of proceedings, transcriptions of record ings, electronic recordings, letters, memoranda, and other documents and reports thus obtained or obtained from any individual, claimant, employing unit, or employer pur suant to the administration of this chapter, except to the extent necessary for the proper administration and enforcement of this chapter, shall be held confidential and shall not be subject to subpoena in any civil action or proceeding, published, or open to public inspection, other than to public employees in the performance of their public duties, in any manner revealing the individual's or employing unit's identity; but any claimant, employer, or a duly authorized representative, at a hearing before an admin istrative hearing officer or the board of review, shall be supplied with information from such records to the extent necessary for the proper presentation of his or her claim. Any person who violates any provision of this paragraph shall upon conviction be guilty of a misdemeanor.
(4) On orders of the Commissioner, any records or documents received or main tained by the Commissioner under the provisions of this chapter or the rules and reg ulations promulgated under this chapter may be destroyed under such safeguards as will protect their confidential nature two years after the date on which such records or documents last serve any useful, legal, or administrative purpose in the administra tion of this chapter or in the protection of the rights of anyone.
34-8-122. (a) All letters, reports, communications, or any other matters, either oral or written, from the employer or employee to each other or to the department or any of its agents, representatives, or employees, which letters, reports, or other communica tions shall have been written, sent, delivered, or made in connection with the require ments of the administration of this chapter, shall be absolutely privileged and shall not be made the subject matter or basis for any action for slander or libel in any court of the State of Georgia.
(b) Any finding of fact or law, judgment, determination, conclusion, or final order made by an adjudicator, examiner, hearing officer, board of review, or any other person acting under the authority of the Commissioner with respect to this chapter shall not be admissible, binding, or conclusive in any separate or subsequent action or proceeding between a person and such person's present or previous employer brought before any court of this state or the United States or before any local, state, or federal administra tive agency, regardless of whether the prior action was between the same or related par ties or involved the same or similar facts; provided, however, any finding of fact or law, judgment, determination, conclusion, or final order made as described in this chapter shall be admissible in proceedings before the Commissioner.
34-8-123. The Commissioner shall have the authority to adopt, amend, or rescind rules and regulations interpreting and implementing the provisions of this article. In particular, these rules shall specify the procedure to be followed to obtain information or records to which the public has access under this chapter.
34-8-124. (a) An individual shall have access to all records and information con cerning that individual held by the department unless the information is exempt from disclosure. An employing unit shall have access to its own records and to any records and information relating to a benefit claim by an individual if the employing unit is the individual's chargeable employer. An employing unit shall have access to general summa ries of benefit claims by individuals whose benefits are chargeable to the employing unit's experience rating or reimbursement account.
(b) Any interested party or authorized representative of such party shall be entitled to examine and, upon the payment of a reasonable fee to the department, to obtain a copy of any materials contained in such records to the extent necessary for proper pre sentation of the party's position at any hearing on a claim. At the Commissioner's dis cretion, the fee may be waived for persons for whom such payment would present a hardship.
THURSDAY, FEBRUARY 7, 1991
597
34-8-125. (a) Governmental agencies, including law enforcement agencies, prosecut ing agencies, and the executive branch, whether state, local, or federal, shall have access to information or records deemed private and confidential under this article if the infor mation or records are needed by the agency for official purposes and:
(1) The agency submits an application in writing to the department for the records or information containing a statement of the official purposes for which the informa tion or records are needed and specific identification of the records or information sought from the department;
(2) The commissioner, chief executive, or other responsible official of the request ing agency has verified the need for the specific information in writing either on the application or on a separate document; and
(3) The agency requesting access has served a copy of the application for records or information on the individual or employing unit whose records or information are sought and has provided the department with proof of service. Service shall be made in the same manner as service of process in a civil action. The requesting agency shall include with the copy of the application a statement to the effect that the individual or employing unit may contact the public records officer of the department to state any objections to the release of the records or information. The department shall not act upon the application of the requesting agency until at least five days after service on the concerned individual or employing unit. The department shall consider any objections raised by the concerned individual or employing unit in deciding whether the requesting agency needs the information or records for official purposes.
(b) In cases of emergency the governmental agency requesting access shall not be required to comply formally with the provisions of subsection (a) of this Code section at the time of the request if the procedures required by subsection (a) of this Code sec tion are complied with by the requesting agency following the receipt of any records or information deemed private and confidential under this article. An emergency is defined as a situation in which irreparable harm or damage could occur if records or information
are not released immediately. (c) The requirements of paragraph (3) of subsection (a) of this Code section shall not
apply to governmental agencies where the procedures would frustrate the investigation of possible violations of criminal laws.
(d) Governmental agencies shall have access to certain records or information, lim ited to such items as names, addresses, social security numbers, and general information about benefit entitlement or employer information possessed by the department, for comparison purposes with records or information possessed by the requesting agency to detect improper or fraudulent claims, to determine eligibility or entitlement to public programs, or to determine potential tax liability or employer compliance with registra tion and licensing requirements. In those cases the governmental agency shall not be required to comply with paragraph (3) of subsection (a) of this Code section, but the requirements of the remainder of subsection (a) of this Code section must be satisfied.
(e) Disclosure to governmental agencies of information or records obtained by the department from the federal government shall be governed by any applicable federal law or any agreement between the federal government and the department where so required by federal law. State law shall control when federal law does not apply to the records or information.
(f) The disclosure of any records or information by a governmental agency which has obtained the records or information under this Code section is prohibited unless the dis closure is directly connected to the official purpose for which the records or information was obtained. The willful violation of this subsection shall upon conviction constitute a
misdemeanor. 34-8-126. Information or records deemed private and confidential under this chapter
shall be available to parties to judicial or formal administrative proceedings only upon a finding by the presiding officer that the need for the information or records in the proceeding outweighs any reasons for the privacy and confidentiality of the information or records. Information or records deemed private and confidential under this chapter shall not be available in discovery proceedings unless the court in which the action has
598
JOURNAL OF THE HOUSE,
been filed has made the finding specified above. A judicial or administrative subpoena or order directed to the department must contain this finding. A subpoena for records or information held by the department may be directed to and served upon any employee of the department, but the department may specify by rule or regulation which employee shall produce the records or information in compliance with the sub poena.
34-8-127. The department shall have the right to disclose information or records deemed private and confidential under this chapter to any private person or organiza tion when such disclosure is necessary to permit private contracting parties to assist in the operation and management of the department in instances where certain departmen tal functions may be delegated to private parties to increase the department's efficiency or quality of service to the public. The private persons or organizations shall use the information or records solely for the purpose for which the information was disclosed and shall be bound by the same rules of privacy and confidentiality as department employees. The misuse or unauthorized release of records or information deemed private and confidential under this article by any private person or organization to which access is permitted by this Code section shall subject the person or organization to a civil pen alty of $500.00 per violation and shall also subject such person or organization to the criminal provisions specified in Code Section 34-8-125. An action to enforce this Code section shall be brought by the Attorney General. The Attorney General may recover reasonable attorneys' fees for any action brought to enforce this Code section.
34-8-128. Where the department contracts to provide services to other governmental or private organizations, the department may disclose to those organizations information or records deemed private and confidential which have been acquired in the perform ance of the department's obligations under the contracts.
34-8-129. Nothing in this article shall prevent the disclosure of information or records deemed private and confidential under this article if all details identifying an individual or employing unit are deleted or the individual and employing unit consent to the disclosure.
ARTICLE 5
34-8-150. (a) Contributions shall accrue from each employer for each calendar year in which the employer is subject to this chapter with respect to wages payable for employment, except as provided in Code Sections 34-8-158 through 34-8-162. Such con tributions shall become due and be paid before the last day of the month next following the end of the calendar quarter to which they apply, in accordance with such regulations as the Commissioner may prescribe. Such contributions shall become delinquent if not paid when due and shall not be deducted, in whole or in part, from the wages of individ uals in such employer's employ.
(b) In the payment of any contributions, a fractional part of a cent shall be disre garded unless it amounts to one-half cent or more, in which case it shall be increased to one cent.
34-8-151. (a) For periods prior to April 1, 1987, or after June 30, 1996, each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162.
(b) For periods on or after April 1, 1987, but on or before June 30, 1996, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162.
34-8-152. (a) The standard rate of contribution shall be 5.4 percent. The standard rate of contribution is the rate from which variations therefrom are computed as pro vided in Code Section 34-8-155.
(b) No employer's rate shall be reduced below the rate for new employers as speci fied in Code Section 34-8-151 for any calendar year, except as provided in Code Section
THURSDAY, FEBRUARY 7, 1991
599
34-8-155, unless and until such employer's account could have been chargeable with ben efit payments throughout the 36 consecutive calendar months ending on the computa tion date for that calendar year.
34-8-153. (a) Any corporation, partnership, individual, or other legal entity who acquires by purchase, merger, consolidation, or other means substantially all of the busi ness or assets of any employer and who thereafter continues the acquired business shall be deemed to be a successor to the employer from whom the business was acquired. The successor shall acquire the experience rating record of the predecessor. If the successor is not already an employer at the time of the acquisition, the rate of contributions appli cable to the predecessor shall continue to be applicable to the successor. Future rates will be determined by the combined experience of the predecessor and successor as of the applicable computation date.
(b) If the successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by the combined experience of the predecessor and successor as of the applicable com putation date.
(c) Any employing unit which acquires by any means any clearly identifiable or sepa rable portion of the business of an employer and is an employer at the time of the acquisition or becomes an employer within six months from the end of the quarter in which the acquisition is made may be deemed to be a partial successor to the employer from whom the portion of the business was acquired. A portion of the predecessor's experience rating records which are attributable to the portion of the business which was acquired may be transferred to the successor. Mutual consent of both parties must be given to effectuate the partial transfer. The Commissioner shall prescribe by regulation the time frame for notification to the department of partial acquisitions and the method by which the portion of the experience rating record to be transferred will be deter mined.
(d) If the conditions of subsection (c) of this Code section are met and the partial successor is not already an employer at the time of the acquisition, the rate of contribu tions applicable to the predecessor shall be applicable to the successor. Future rates will be determined by combining the transferred portion of the predecessor's experience rat ing record with the successor's own experience rating record as of the applicable compu tation date.
(e) If the conditions of subsection (c) of this Code section are met and the partial successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on
the first day of the quarter following the acquisition will be determined by combining
the transferred portion of the predecessor's experience rating record with the successor's own experience rating record as of the applicable computation date.
34-8-154. Except as provided in Code Section 34-8-161, the Commissioner shall
maintain a separate account for each employer and shall credit such account with all the
contributions paid by that employer. Nothing in this chapter shall be construed to grant
any employer or individuals in the service of such employer prior claims or rights to the
amounts paid by the employer into the fund. 34-8-155. (a) Employers shall be classified in accordance with their actual experi
ence in the payment of contributions and with respect to benefits charged against their accounts so that contribution rates will reflect such experience. Employer rates shall be
computed based on each employer's own experience rating record as of the computation
date, June 30 of each year. The computed rate shall apply to taxable wages paid during
the calendar year immediately following the computation date. (b) Any employer who has failed to file all required tax and wage reports, including
all such reports of all predecessor employers, by the end of the month following any computation date shall be notified by the department of such failure. If the required tax
600
JOURNAL OF THE HOUSE,
and wage reports remain unfiled 30 days following notice, the employer will not be eligi ble for a rate computation but shall be assigned the maximum rate allowable after appli cation of the State-wide Reserve Ratio, as provided in Code Section 34-8-156. Employers having positive reserve accounts will be assigned the maximum rate allowable for posi tive reserve accounts. Employers having deficit reserve accounts will be assigned the maximum rate allowable for deficit reserve accounts. Such rates shall remain effective until the end of the calendar year for which the rates have been assigned.
(c) For the periods prior to April 1, 1987, or after June 30, 1996, variations from the standard rate of contributions shall be determined in accordance with the following requirements:
(1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calen dar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting per centage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as hav ing been paid on the computation date.
RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS
If the excess percentage:
Equals or Exceeds
But Is Less Than
The Contribution Rate Is (Percent)
0.00
0.86
2.16
0.86
1.17
2.08
1.17
1.48
2.00
1.48
1.79
1.92
1.79
2.10
1.84
2.10
2.41
1.76
2.41
2.72
1.68
2.72
3.04
1.60
3.04
3.35
1.52
3.35
3.65
1.44
3.65
3.97
1.36
3.97
4.29
1.28
4.29
4.60
1.20
4.60
4.91
1.12
4.91
5.22
1.04
5.22
5.53
0.96
5.53
5.84
0.88
5.84
6.15
0.80
6.15
6.47
0.72
6.47
6.77
0.64
6.77
7.08
0.56
7.08
7.40
0.48
7.40
7.71
0.40
7.71
8.02
0.32
8.02
8.33
0.24
8.33
8.64
0.16
8.64
8.95
0.08
8.95 and over
0.04
THURSDAY, FEBRUARY 7, 1991
601
(2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date.
RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS
If the deficit percentage:
Equals or
Exceeds
But Is Less Than
The Contribution Rate Is (Percent)
0.0
0.5
2.2
0.5
1.5
2.4
1.5
2.5
2.6
2.5
3.5
2.8
3.5
4.5
3.0
4.5
5.5
3.2
5.5
6.5
3.4
6.5
7.5
3.6
7.5
8.5
3.8
8.5
9.5
4.0
9.5
10.5
4.2
10.5
11.5
4.4
11.5
12.5
4.6
12.5
13.5
4.8
13.5
14.5
5.0
14.5
15.5
5.2
15.5 and over
5.4
(d) For the periods on or after April 1, 1987, but on or before June 30, 1996, varia tions from the standard rate of contributions shall be determined in accordance with the following requirements:
(1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calen dar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting per centage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as hav ing been paid on the computation date.
RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS
If the excess percentage:
Equals or Exceeds
But Is Less Than
The Contribution Rate Is (Percent)
0.00
0.86
2.125
0.86
1.17
2.043
602
JOURNAL OF THE HOUSE,
1.17
1.48
1.48
1.79
1.79
2.10
2.10
2.41
2.41
2.72
2.72
3.04
3.04
3.35
3.35
3.65
3.65
3.97
3.97
4.29
4.29
4.60
4.60
4.91
4.91
5.22
5.22
5.53
5.53
5.84
5.84
6.15
6.15
6.47
6.47
6.77
6.77
7.08
7.08
7.40
7.40
7.71
7.71
8.02
8.02
8.33
8.33
8.64
8.64
8.95
8.95 and over
1.962 1.881 1.800 1.725 1.643 1.562 1.481 1.400 1.325 1.243 1.162 1.081 1.000 0.925 0.843 0.762 0.681 0.600 0.525 0.443 0.362 0.281 0.200 0.125 0.043 0.040
(2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to the account of such employer, the contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contribu tions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date.
RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS
If the deficit percentage:
Equals or Exceeds
But Is Less Than
The Contribution Rate Is (Percent)
0.0
0.5
2.16
0.5
1.5
2.36
1.5
2.5
2.56
2.5
3.5
2.76
3.5
4.5
2.96
4.5
5.5
3.16
5.5
6.5
3.36
6.5
7.5
3.56
7.5
8.5
3.76
8.5
9.5
3.96
9.5
10.5
4.16
THURSDAY, FEBRUARY 7, 1991
603
10.5
11.5
4.36
11.5
12.5
4.56
12.5
13.5
4.76
13.5
14.5
4,96
14.5
15.5
5.16
15.5 and over
5.40
34-8-156. (a) A State-wide Reserve Ratio shall be computed as of June 30 of each year by dividing the balance in the trust fund, including accrued interest, by the total covered wages paid in the state during the previous calendar year. Any amount credited to the state's account under Section 903 of the Social Security Act, as amended, which has been appropriated for the expenses of administration, whether or not withdrawn from the trust fund, shall be excluded from the trust fund balance in computing the State-wide Reserve Ratio.
(b) For the period on or after January 1, 1990, when the State-wide Reserve Ratio, as computed above, is 3.3 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table:
If the State-wide Reserve Ratio:
Equals or Exceeds
But Is Less Than
Overall Reduction
3.3 percent 3.7 percent and over
3.7 percent
40 percent 60 percent
(c) When the State-wide Reserve Ratio, as calculated above, is less than 3.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accord ance with the following table:
If the State-wide Reserve Ratio:
Equals or Exceeds
But Is Less Than
Overall Increase
2.6 percent Under 2.6 percent
3.0 percent
40 percent 60 percent
(d) The computed rates after application of percentage reductions or increases will be rounded to the nearest one-hundredth of 1 percent. The Commissioner will give notice to each employer on any rate change by reason of the above provisions.
34-8-157. (a) Regular benefits paid with respect to all benefit years that begin on or before December 31, 1991, shall be charged against the experience rating account of employers in the following manner:
(1) Benefits paid to an individual with respect to the individual's current benefit year shall be charged against the accounts of the individual's base period employers. Charges shall be based upon the pro rata share of wages paid to the individual during the base period. To receive relief of charges to its account, an employer shall furnish, in a timely manner, detailed and specific information as to the reason for separation from employment. If a disqualification is imposed on the claim and the employer has properly submitted its information, the account shall be relieved of charges;
(2) When the most recent employer, as that term is defined in Code Section 34-8-43, is not a base period employer, a determination shall be made with respect to potential future charges in the event a second benefit year claim is filed. If an individ ual files a valid claim for unemployment compensation for a second benefit year and is paid unemployment compensation, then those benefits will be charged or relieved
604
JOURNAL OF THE HOUSE,
against the experience rating account of such employer as provided in this Code sec tion;
(3) An employer who provided timely response to the department as specified in the regulations of the department may receive relief of charges for benefits paid to an individual under any of the following circumstances:
(A) An employer subject to benefit charges offers otherwise suitable work to the individual and the job is refused solely because the individual has moved his or her place of residence too far to commute to the job location. The employer must pro vide timely notice to the Commissioner of the job offer as provided by regulations of the Commissioner; or
(B) The individual earned base period wages for part-time employment from an employer who:
(i) Is an interested party because of the individual's loss of other employ ment;
(ii) Has provided base period employment and continues to provide employ ment to the same extent as that part-time employment was provided in the base period of the individual; and
(iii) Has furnished timely information pursuant to the regulations of the Com missioner; and (4) Notwithstanding paragraphs (1) through (3) of this subsection, any employer who has elected to make payments in lieu of contributions is not subject to relief of charges for benefits paid with respect to all benefit years that begin on or before December 31, 1991. (b) Regular benefits paid with respect to all benefit years that begin on or after Jan uary 1, 1992, shall be charged against the experience rating account or reimbursement account of employers in the following manner:
(1) Benefits paid shall be charged to the account of the most recent employer, as that term is defined in Code Section 34-8-43, including benefits paid based upon insured wages which were earned to requalify following a period of disqualification as provided in Code Section 34-8-194;
(2) (A) Benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year.
(B) In the event the provisions of subparagraph (A) of this paragraph are deter mined by the United States Secretary of Labor or by a court of competent jurisdic tion at a subsequent level of appeal, such appeal to be taken at the sole discretion of the Commissioner, to be out of conformity with federal law, the provisions of subparagraph (A) of this paragraph shall be considered null and void and the provi sions of this subparagraph shall control. Benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year; provided, however, the portion of such charges for benefits paid which exceed the amount of wages paid by such employer shall be charged against the experience rating account of all base period employers in the manner provided in subsection (a) of this Code section;
(3) An employer's account may be charged for benefits paid due to the employer's failure to respond in a timely manner to the notice of claim filing even if the determi nation is later reversed on appeal; and
(4) Benefits paid to individuals shall be charged against the Unemployment Trust Fund when benefits are paid but not charged against an employer's experience rating account as provided in this Code section.
(c) (1) Payments of extended benefits as provided in Code Section 34-8-197 shall be charged to an employer's experience rating account in the same proportion as regu lar benefits are charged, except an employer shall be charged for only 50 percent of its portion of the extended benefits paid for all weeks after the first week of extended benefits; provided, however, benefits paid that are attributable to service in the employ of any governmental entity as described in subsection (h) of Code Section
THURSDAY, FEBRUARY 7, 1991
605
34-8-35 shall be financed in their entirety by such governmental entity which is charged as provided in this Code section.
(2) As provided by 26 U.S.C. Section 3304, only 50 percent of extended benefits paid shall be charged to the individual's employers as described in paragraph (1) of this subsection. However, if the federal government does not reimburse the 50 percent for the first week of extended benefits paid, employers shall be charged 100 percent of such first week of extended benefits paid. When employers have been determined to be relieved from charges, such payments shall be charged against the Unemploy ment Trust Fund in the appropriate amount. (d) The Commissioner shall by regulation provide for the notification of each employer of charges made against its account at intervals not less frequent than semiannually. The charges in such notification shall be binding upon each employer for all pur poses unless the employer files a request for review and redetermination in writing. Such request must set forth the charges to which the employer objects and the basis of the objection. The request must be made within 15 days of the prescribed notification. Upon
such request being filed, the employer shall be granted an opportunity for a fair hearing. However, no employer shall have standing in any proceeding to contest the chargeability to its account of any benefit paid in accordance with a determination, redetermination,
or decision pursuant to Articles 7 and 8 of this chapter, except upon the ground that the services upon which such benefits were found to be chargeable did not constitute
services performed in employment for the employer and only in the event that the employer was not a party to such determination, redetermination, or decision, or to any other proceedings under this chapter in which the character of such services was deter
mined. The employer shall be promptly notified of the Commissioner's redetermination. The redetermination shall become final unless a petition for judicial review is filed
within 15 days after notice of redetermination. Such notice shall be mailed or otherwise delivered to the employer's last known address. The petition for judicial review shall be filed in the Superior Court of Fulton County or in the superior court of the county of
residence of the petitioner. In any proceeding under this Code section, the findings of the Commissioner as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of
law. No additional evidence shall be received by the court, but the court may order additional evidence to be taken before the Commissioner. The Commissioner may, after
hearing such additional evidence, modify the determination and file such modified deter mination, together with a transcript of the additional record, with the court. Such pro ceedings shall be heard in a summary manner and shall be given precedence over all
other civil cases except cases arising under Articles 7 and 8 of this chapter and Chapter 9 of this title. An appeal may be taken from the decision of the Superior Court of Ful
ton County or the superior court of the county of residence of the petitioner to the Court of Appeals of Georgia in the same manner as is provided in civil cases.
34-8-158. (a) Benefits paid to employees of governmental entities and nonprofit organizations shall be financed in accordance with this Code section and Code Sections 34-8-157 and 34-8-159 through 34-8-162. For the purpose of this Code section, a non
profit organization is an organization or a group of organizations described in Section 501(c)(3) of the United States Internal Revenue Code which is exempt from income tax
under Section 501 (a) of such code. For the purposes of this Code section, a governmen tal entity is an organization or group of organizations described in subsection (h) of Code Section 34-8-35.
(b) Governmental entities and nonprofit organizations which, pursuant to Code Sec
tion 34-8-35, are or become subject to this chapter shall pay contributions under Code Sections 34-8-150 through 34-8-157 unless they elect to make payments in lieu of contri butions in accordance with this subsection. All entities which elect to make payments
in lieu of contributions shall pay to the Commissioner for the unemployment fund the full amount of regular benefits which are attributable to the service of individuals in
their employ during the effective period of election or subjectivity to this chapter. (c) (1) For claims filed prior to January 1, 1992, governmental entities described in
subsection (a) of this Code section which elect to make payments in lieu of contribu tions shall pay the Commissioner for the unemployment fund 100 percent of extended
606
JOURNAL OF THE HOUSE,
benefits paid which are attributable to the service of individuals in their employ dur ing the effective period. Nonprofit organizations which elect to make payments in lieu of contributions shall pay to the Commissioner for the unemployment fund 50 percent of extended benefits paid which are attributable to the service of individuals in their employ during the effective period; provided, however, that for the first week of extended benefits paid, the reimbursement to the unemployment fund shall be 100 percent of the extended benefits paid.
(2) For claims filed on or after January 1, 1992, an employer who has elected to make payments in lieu of contributions shall pay to the Commissioner for the unem ployment fund the amount of benefits paid to former employees when such entity is determined to be the 'most recent employer' as defined in Code Section 34-8-43. Extended benefits paid, except as otherwise provided in paragraph (2) of subsection (b) of Code Section 34-8-157, shall be financed in their entirety by governmental enti ties. Nonprofit organizations shall reimburse 100 percent for the first week of extended benefits paid and 50 percent of extended benefits paid after the first week when any of such entities is determined to be the most recent employer. (d) (1) Those entities described in subsection (b) of this Code section may elect to become liable for payments in lieu of contributions for a period of not less than two full calendar years, provided that a written notice of such election is filed with the Commissioner within 30 days of the date of the determination of liability under this chapter. Such election shall consist of the remainder of the calendar year in which the election is made and for not less than the two full ensuing calendar years.
(2) Those entities described in subsection (b) of this Code section which elect to make payments in lieu of contributions will continue to be liable for such payments unless a written notice terminating such election is filed with the Commissioner not later than 30 days prior to the beginning of the calendar year for which such termina tion shall first be effective.
(3) Any entity described in subsection (b) of this Code section which has been pay ing contributions under this chapter for at least two full calendar years may change to a reimbursable basis. The change in status shall be accomplished by the filing of a written notice of election to become liable for payments in lieu of contributions not later than 30 days prior to the beginning of the next calendar year. Such election shall not be terminated by the organization for the next two calendar years.
(e) (1) The Commissioner may at his or her discretion extend the period within which a notice of election or a notice of termination must be filed and may permit an election to be retroactive.
(2) The Commissioner, in accordance with such regulations as the Commissioner may prescribe, shall notify each governmental entity or nonprofit organization of any determination relative to its status as an employer and of the effective date of any election which it makes or of any termination of such election. Such determination shall be subject to reconsideration, appeal, and review.
34-8-159. The payments in lieu of contributions as provided in Code Section 34-8-158 shall be made in accordance with the following provisions:
(1) Upon approval by the Commissioner, at the end of each calendar quarter or at the end of such other period as determined by the Commissioner, each organization or group of organizations shall be billed for payments in lieu of contributions charged to it during such quarter or other prescribed period in accordance with Code Section 34-8-158. Provisions applicable to contributing employers in subsection (a) of Code Section 34-8-157 under which employers may not be charged do not apply to employ ers who make payments in lieu of contributions;
(2) The payment of any bill rendered under paragraph (1) of this Code section shall be made not later than 30 days after such bill was mailed to the last known address of the organization or was otherwise delivered to it unless there has been an application for review and redetermination in accordance with paragraph (4) of this Code section;
(3) Payments made by any governmental entity or nonprofit organization under this Code section shall not be deducted or deductible, in whole or in part, from the
THURSDAY, FEBRUARY 7, 1991
607
remuneration of individuals in the employ of the governmental entity or nonprofit organization;
(4) The amount due specified in any billing notice from the Commissioner pursu ant to paragraph (1) of this Code section shall be conclusive unless, not later than 15 days after the billing notice was mailed to its last known address or otherwise deliv ered to it, the organization files an application for redetermination by the Commis sioner, setting forth the grounds for such application or appeal. The Commissioner shall promptly review and reconsider the amount due specified in the billing notice and shall thereafter issue a redetermination in any case in which such application for redetermination has been filed. Any such redetermination shall be conclusive with respect to the organization unless, not later than 15 days after the redetermination was mailed to its last known address or otherwise delivered, the organization files an appeal, setting forth the grounds for the appeal. Proceedings on appeal from the amount of a billing notice rendered under this Code section or a redetermination of such amount shall be in accordance with regulations as prescribed by the Commis sioner; and
(5) Past due payments in lieu of contributions shall be subject to the same interest and penalties that, pursuant to Code Sections 34-8-165 and 34-8-166, apply to past due contributions. Interest or penalties shall not accrue with respect to any portion of the amount billed on which the employer prevails in the redetermination, but shall continue to accrue as to any portion of the amount billed on which the employer does not prevail.
34-8-160. (a) For the purposes of this Code section, a surety bond is a bond of surety issued by an organization licensed and authorized to issue such bond in the State of Georgia. In the discretion of the Commissioner, any organization that elects to become liable for payments in lieu of contributions shall be required, within 30 days after the effective date of its election, to execute and file with the Commissioner a cash deposit or surety bond approved by the Commissioner. In the sole discretion of the Commissioner, the department may secure such bonds and defray all or any portion of such cost to the employers covered under the bond. In the event the Commissioner elects to require any organization to execute and file a cash deposit or surety bond, the amount of such deposit or surety bond shall be determined in accordance with the pro visions of subsection (b) of this Code section.
(b) (1) The amount of the surety bond or cash deposit required by subsection (a) of this Code section shall be equal to 2.7 percent of the organization's taxable wages paid for employment, as defined in paragraph (1) of subsection (b) of Code Section 34-8-49, for the four calendar quarters immediately preceding the effective date of the election, the renewal date in the case of a surety bond, or a biennial anniversary of the effective date of election in the case of a deposit of money, whichever date shall be most recent and applicable. If the organization did not pay wages in each of such four calendar quarters, the amount of the surety bond or cash deposit shall be as determined by the Commissioner.
(2) Any surety bond deposited under this subsection shall be in force for a period of not less than two full calendar years and shall be renewed, with the approval of the Commissioner, at such times as the Commissioner may prescribe but not less fre quently than at two-year intervals as long as the organization continues to be liable for payments in lieu of contributions. The Commissioner shall require adjustments to be made in a previously filed bond as deemed appropriate. If the bond is to be increased, the adjusted bond shall be filed by the organization within 30 days of the date notice of the required adjustment was mailed or otherwise delivered to it. Failure by any organization covered by such bond to pay the full amount of payments in lieu of contributions when due, together with any applicable interest and penalties, shall render the surety liable on said bond to the extent of the bond as though the surety were such organization.
(3) Any deposit of money in accordance with this subsection shall be retained by the Commissioner in an escrow account until liability under the election is terminated, at which time it shall be returned to the organization less any deductions as provided
608
JOURNAL OF THE HOUSE,
in this paragraph. The Commissioner may deduct the amount necessary to satisfy any delinquent payments in lieu of contributions and any applicable interest, penalties, and costs as provided in Code Section 34-8-159 from the cash deposit required of an organization under this subsection. The Commissioner shall require the organization, within 30 days following any deduction from a cash deposit under the provisions of this paragraph, to deposit sufficient additional moneys to bring the organization's funds in escrow to the prior level. The Commissioner may at any time review the ade quacy of the deposit made by any organization. If as a result of such review the Com missioner determines that an adjustment is necessary, the Commissioner shall require the organization to make additional deposits within 30 days of written notice of the determination or shall return to it such portion of the deposit that is no longer consid ered necessary, whichever action is appropriate.
(4) If any organization subject to this subsection fails to file a surety bond, make a cash deposit, file a surety bond in an increased amount, or increase the amount of
a previously made cash deposit as provided under this Code section, the Commissioner may terminate such organization's election to make payments in lieu of contributions and such termination shall continue for not less than the eight consecutive calendar
quarter periods beginning with the quarter in which such termination becomes effec tive; provided, however, that the Commissioner may in his or her discretion extend the
posting of a cash deposit, the filing of a surety bond, or the extension of an adjust ment period by not more than 30 days.
(5) The Commissioner may allow the deposit of securities acceptable to him or her in lieu of either the cash deposit or surety bond referenced in this Code section. The value of securities deposited shall be in accordance with regulations prescribed by the
Commissioner. 34-8-161. Two or more employers who have become liable for payments in lieu of contributions in accordance with the provisions of Code Section 34-8-158 may file a joint
application to the Commissioner for the establishment of a group account for the pur pose of sharing the cost of benefits paid that are attributable to service in the employ of such employers. Each such application shall identify and authorize a group represen
tative to act as the group's agent for the purposes of this Code section. Upon the approval of the application, the Commissioner shall establish a group account for such
employers, effective as of the beginning of the calendar quarter in which the Commis sioner receives the application, and shall notify the group's representative of the effec
tive date of the account. Such account shall remain in effect for not less than two calendar years and thereafter until terminated at the discretion of the Commissioner or
upon application by the group. Upon establishment of the account, each member of the group shall be liable for payments in lieu of contributions with respect to each calendar
quarter in the amount that bears the same ratio to the total benefits paid in such quar ter that are attributable to service performed in the employ of all members of the group as the total wages paid for service in employment by such member in such quarter bear
to the total wages paid during such quarter for service performed in the employ of all members of the group. The Commissioner shall prescribe such regulations as deemed
necessary with respect to applications for establishment, maintenance, and termination of group accounts that are authorized by this Code section, for addition of new members
to and withdrawal of active members from such accounts, and for the determination of the amounts that are payable under this Code section by members of the group and the
time and manner of such payments. 34-8-162. (a) There is established as a trust fund, separate and apart from all other
public moneys or other funds of this state, a cash deposit escrow fund, which shall be administered by the Commissioner in accordance with such regulations as he or she may
prescribe. This fund shall consist of all moneys deposited by employers with the Com missioner pursuant to paragraph (3) of subsection (b) of Code Section 34-8-160 and all
interest thereon. (b) The Commissioner shall be custodian of the fund and shall administer it in
accordance with such regulations as the Commissioner shall prescribe. All moneys pay able to the fund shall, upon receipt thereof by the Commissioner, immediately be depos
ited in the fund. All moneys in this fund shall be deposited in a bank or public
THURSDAY, FEBRUARY 7, 1991
609
depository in which general funds of the state may be deposited, except that moneys in this fund shall not be commingled with other state funds but shall be maintained in a separate account on the books of the depository bank. Such moneys shall be secured by the depository bank to the same extent and in the same manner as required by the gen eral depository laws of this state; and collateral pledged for this purpose or bonds given for this purpose shall be kept separate and distinct from any collateral pledged to secure the other funds of the state. The Commissioner shall be liable on his or her official bond for the faithful performance of duties in connection with the cash deposit escrow fund. All sums recovered on any surety bond for losses sustained by the cash deposit escrow fund shall be deposited in said fund.
(c) (1) Moneys shall be withdrawn from the cash deposit escrow fund solely for the purpose of satisfying any delinquent payments in lieu of contributions owed by an organization or groups of organizations pursuant to Code Section 34-8-158. Withdraw als from the cash deposit escrow fund shall be made in accordance with regulations prescribed by the Commissioner and shall not exceed the total amount deposited in the cash deposit escrow fund by each such organization or group of organizations.
(2) Any interest which may accrue as the result of deposits to the cash deposit escrow fund shall, in the discretion of the Commissioner, be withdrawn to the extent necessary to cover deficiencies in the reimbursement account which have not been provided for by the escrow funds. Such withdrawal shall not exceed interest accrued in the cash deposit escrow fund. Interest not used for such purpose shall be retained in the cash deposit escrow fund.
34-8-163. (a) Except as provided in subsection (c) of this Code section, an employ ing unit liable under this chapter must apply in writing to the Commissioner prior to April 30 in order to terminate liability. If the Commissioner finds that such employer did not, during the preceding calendar year, have sufficient employment or sufficient payroll to be considered an employer under this chapter, or was not otherwise subject to this chapter, then such coverage shall be terminated as of January 1 of such com pleted calendar year. Wage credits of any individual may not be decreased as a result of the employer being terminated. For the purpose of this Code section, two or more employing units who are predecessors or successors in a business or organization shall be treated as a single employing unit.
(b) The Commissioner may terminate the liability of an employer without written application of the employer when such employer did not have sufficient employment or sufficient payroll during a calendar year to be considered an employer under this chap ter.
(c) All types of elective coverage as provided in paragraph (7) of Code Section 34-8-33 may be terminated in the discretion of the Commissioner at any time subse quent to the first two-year period.
34-8-164. Applications for adjustment or refund of contributions, payments in lieu of contributions, or interest thereon, shall be submitted no later than three years from the date such amounts were assessed. Applications must be in writing. The Commis sioner shall determine what amounts, if any, were erroneously collected. Adjustments shall be made against subsequent payments. Refunds will be issued, without interest thereon, when adjustments cannot be made. At the option of the Commissioner, the Commissioner may initiate any adjustments or refunds deemed appropriate where no written request for refund or adjustment has been received, provided such amounts were assessed within the last three years. Amounts shall be refunded from the fund into which they were deposited.
34-8-165. (a) In accordance with such regulations as the Commissioner may pre scribe, tax and wage reports shall become due and be filed by each employer on or before the last day of the month next following the end of the calendar quarter to which such reports apply. Such reports shall list the name, social security number, the amount of wages paid each employee by such employer, and any other information the Commis sioner may require.
(b) Any employer who fails to file a tax and wage report on or before the due date as provided in subsection (a) of this Code section shall be penalized in the sum of $20.00
610
JOURNAL OF THE HOUSE,
or .05 percent of total wages, whichever is greater, for each month or fraction of a month such report remains delinquent. Such penalty assessments shall be due and payable in the same manner as delinquent contributions. Penalty collection shall be enforced under procedures established by this chapter.
(c) In the discretion of the Commissioner, the imposition of a penalty may be waived. Inadvertent, unavoidable, or unintentional errors or omissions in a tax and wage report which is filed in due time shall not subject the employer to the imposition of the penalty provided in subsection (b) of this Code section.
(d) Fraudulent reports, including intentional errors or omissions, shall also be subject to the criminal provisions provided in Code Section 34-8-256 of this chapter.
34-8-166. (a) Contributions unpaid on the due date established by the Commis sioner shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner.
(b) The Commissioner may waive the collection of any accrued interest when it is reasonably determined that the delay in payment of contributions was due to the action or inaction of the department.
(c) The Commissioner shall file an annual report with the Attorney General, the members of the Senate Insurance and Labor Committee, and the members of the House Industrial Relations Committee stating the number of cases and the total amount of interest which is waived pursuant to this Code section. The Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose interest was waived, the amount of interest waived, the number of cases, and the speci fied reasons for each waiver under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, and the state auditor.
34-8-167. (a) If, after due notice, any employer defaults in any payment of contri butions or interest thereon, the amount due, including any penalty, may be collected by civil action maintained in the name of the Commissioner. The employer adjudged in default shall pay the cost of such actions. Civil actions brought under this Code section to collect contributions, interest, or penalties from an employer shall be heard by the superior court at the earliest possible date and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this chapter and workers' compensation cases arising under Chapter 9 of this title and other actions to which the state is a material party and which are now given prece dence.
(b) In addition to any other method provided by law for the collection of contribu tions, any contribution not paid when due, including any interest, penalty, and costs thereon, may be collected by the Commissioner by and with the same authority as is contained in Code Sections 48-2-55 and 48-3-1 providing for the collection of taxes by the state revenue commissioner. If any contribution or tax imposed by this chapter is not paid within ten days after notice and demand from the Commissioner, the Commis sioner shall issue an execution or writ of fieri facias directed to any levying officer desig nated by the Commissioner, the sheriff, or the lawful deputies of the sheriff of any county of the state requiring such officer to levy upon and sell the real or personal prop erty of any delinquent employer or liable individual found within such officer's county in sufficient amount to satisfy the execution so issued, together with penalties, interest, and all costs of executing and collecting the said execution, and to return such execution to the Commissioner, together with all such sums collected under and by virtue thereof, by a time to be therein specified, not more than 60 days from the date of the execution.
(c) Nothing contained in this Code section shall prevent the Commissioner from hav ing the execution or writ of fieri facias entered upon the general execution docket prior to the time the execution is turned over to a levying officer designated by the Commis sioner for collection. The Commissioner may file the execution with the clerk of the superior court of the employer's residence, place of business, or in any county in which the employer may own property. It shall then be the duty of the clerk of the superior court to enter the execution on the general execution docket of the superior court of said
THURSDAY, FEBRUARY 7, 1991
611
county in the same manner and form as prescribed by the general laws of the State of Georgia relating to executions issued by a superior court of this state.
(d) The amount of any contributions not paid when due, including any interest, pen alties, and costs, shall constitute a lien upon all property and rights to property and upon all after-acquired property and rights to property, both real and personal, of the employer liable for such contributions. The lien shall attach and be perfected as of the date such contributions become due and shall have parity with other tax liens and be prior, superior, and paramount to all other liens or encumbrances attaching to any of such property; provided, however, the lien shall not be preserved against purchasers, judgment creditors, pledgees, subsequent tax liens, or other liens or encumbrances until an execution for such contributions has been entered on the general execution docket. When the execution has been issued and docketed, the lien shall be a perfected lien upon all property and rights to property of the employer, both real and personal, in each county in which such execution is docketed.
(e) All contributions, including interest, penalties, and costs thereon, imposed by this chapter are made a personal debt of the officer, major stockholder, or other person hav ing charge of the affairs of a corporate or association employing unit who is required to file returns or pay the contributions required by this chapter. The Commissioner may assess such officer, stockholder, or other person for the amount of such contributions, penalties, and interest. The provisions of Code Section 34-8-164 and Code Section 34-8-170 shall apply to assessments made pursuant to this subsection. With respect to such officer, stockholder, or other person, the Commissioner shall have all the collection remedies set forth in this chapter.
(f) Any reference within this chapter to the collection of delinquent contributions shall also include payments in lieu of contributions as provided in Code Section 34-8-158.
34-8-168. (a) The Commissioner or an authorized representative of the Commis sioner may use garnishment to collect the tax imposed by this chapter. Garnishment may be issued by the Commissioner in the same manner as is provided for the issuance of garnishment by the state revenue commissioner in Code Section 48-2-55 and by tax collectors in Code Sections 48-3-12 through 48-3-18 and 48-3-23, provided it is unneces sary for the Commissioner or an authorized representative of the Commissioner to make an entry of nulla bona prior to filing a garnishment action.
(b) After due notice and demand for payment, the Commissioner or an authorized representative of the Commissioner may levy upon all property and rights to property, except such as are exempt by law, belonging to such employer or liable individual. As used in this chapter, the term 'property and rights to property' includes, but is not lim ited to, any account in or with a financial institution. Such levy shall be for the payment of the sum due, with penalty and interest for nonpayment, and such additional sums as shall be sufficient for the fees, costs, and expenses of such levy. The Commissioner or an authorized representative of the Commissioner may levy and conduct judicial sales in the manner now provided for sales by sheriffs and constables.
(c) (1) In the case of personal property, the levy shall be advertised ten days before the date of sale. Advertisements of sales shall designate the time and place of sale and give a reasonable description of the property to be sold. Advertisements of sales shall be posted and sales shall be conducted as provided in Code Section 48-2-55.
(2) In the case of real property, the Commissioner or an authorized representative of the Commissioner, after making the levy, shall make a return of such levy on the execution to the sheriff of the county in which the property is located and the sheriff shall proceed to advertise and sell the same as required by law.
(d) The department shall apply all moneys obtained under this Code section first against the expenses of the proceedings and then against the liability in respect to which the levy was made and any other liability owed to the department by the delinquent employer.
(e) (1) Any person in possession of or obligated with respect to property or rights to property subject to levy upon which a levy has been made shall, upon demand of the Commissioner or a duly authorized representative of the Commissioner, surrender
612
JOURNAL OF THE HOUSE,
such property or rights or discharge such obligation to the Commissioner or a duly authorized representative of the Commissioner, except such part of the property or rights as is subject, at the time of such demand, to an attachment or execution under any judicial process.
(2) Any person who willfully fails or refuses to surrender any property subject to levy shall be personally liable to the Commissioner for a sum equal to the value of the property or rights not so surrendered but not exceeding the amount of contribu tions, interest, and penalties for the collection of which such levy has been made, together with costs and interest at the rate of 18 percent per annum from the date of such levy. Any amount other than costs recovered under this subsection shall be credited against the subject employer's liability for the collection of which such levy was made.
(3) Any person in possession of or obligated with respect to property or rights to property subject to levy upon which a levy has been made who, upon demand by the Commissioner or the duly authorized representative of the Commissioner, surrenders
such property or rights to property or discharges such obligation to the Commissioner or the Commissioner's duly authorized representative shall be discharged from any
obligation or liability to the delinquent employer with respect to such property or rights to property arising from such surrender or payment. (f) (1) In the event that any employer desires to contest the execution, such employer may do so by filing an affidavit of illegality with the levying officer at the
time of the levy suspending such execution, as now prescribed by the general laws relating to the filing of affidavits of illegality. When such affidavit is so filed and the tax is paid or bond for the sum sought by the Commissioner is given, it shall be the
duty of the levying officer to return the execution, together with the affidavit of ille gality and bond and, in case of personal property, bond for the forthcoming of the
property, to the clerk of the superior court of the county of the employer or defendant in execution. The superior court of the county shall, at the first or next term, cause the issue so made to be tried by a jury in the superior court of the county of the resi
dence of the employer under the same rules of law and evidence as prevail in this
state. (2) If the department has levied upon property, any person other than the debtor
who is liable to pay the debt out of which the levy arose who claims an interest in or lien on that property and claims that property was wrongfully levied upon may
bring a civil action against the state in the Superior Court of Fulton County. The action may be brought whether or not that property has been surrendered to the
department. The court may grant only the relief provided under paragraph (3) of this subsection. No other action to question the validity of or to restrain or enjoin a levy
by the department may be maintained. (3) In an action under paragraph (2) of this subsection, if a levy would irreparably
injure rights to property, the court may enjoin the enforcement of that levy. If the
court determines that the property has been wrongfully levied upon, it may grant a judgment for the amount of money obtained by levy.
(4) For purposes of an adjudication under this subsection, the determination of the
debt upon which the interest or lien of the department is based is conclusively pre sumed to be valid. The department shall determine its costs and expenses to be paid
in all cases of levy. (5) The department may refund or credit any amount left after the applications
under paragraph (2) of this subsection to the person entitled to that amount, upon submission of a claim therefor and satisfactory proof of the claim.
(g) (1) The department may release the levy upon all or a portion of any property levied upon to facilitate the collection of the liability or to grant relief from a wrongful
levy; provided, however, such release shall not prevent any later levy. (2) If the department determines that property has been the subject of a wrongful
levy, the department may return the property at any time or may return an amount
of money equal to the amount of moneys levied upon. (3) The availability of the remedy under this Code section shall not abridge the
right of the department to pursue other remedies.
THURSDAY, FEBRUARY 7, 1991
613
(h) The Attorney General shall represent the Commissioner when any such cases or contests initiated by affidavits of illegality are filed in any county or any legal action in courts results from the issuance of any execution.
(i) The Commissioner, with respect to the administration of this chapter and the col lection of contributions pursuant to this chapter and in addition to the authority granted the Commissioner by the provisions of this chapter, shall have the same rights, authority, and prerogatives provided the state revenue commissioner for securing reports and for the collection of taxes as contained in Title 48.
34-8-169. (a) For the purpose of collecting delinquent contributions, interest, and penalties, the Commissioner may enter into an agreement with one or more private per sons, companies, associations, or corporations providing debt collection services with respect to the collection of delinquent contributions, administrative assessments, inter est, and penalties. The agreement may provide, at the discretion of the Commissioner, the rate of payment and the manner in which compensation for services shall be paid. The compensation, fees, and expenses may be added to the amount of the delinquent contributions, interest, and penalties and may be collected by the contractor from the debtor. The Commissioner shall provide the necessary information for the contractor to fulfill its obligation under the agreement.
(b) At the discretion of the Commissioner, the contractor may, as part of the collec tion process, refer the debt to legal representatives for litigation in the name of the Commissioner.
(c) No action taken by the Commissioner pursuant to this Code section shall be con strued to be an election to forego other collection procedures in this article.
34-8-170. (a) If any employer fails or neglects to make a report as required by Code Section 34-8-165 or by rules and regulations, the Commissioner may make an esti mate based upon any information in the Commissioner's possession of the amount of wages paid for employment in the period or periods for which no report was filed and upon the basis of such estimate shall compute and assess the amounts of contributions payable by the employer.
(b) If the Commissioner is not satisfied with any report made and filed by any employing unit of the amount of contributions, the Commissioner may compute the amount required to be paid upon the basis of facts contained in the report or reports or may make an estimate upon the basis of any information in his or her possession or that may come into his or her possession and make an assessment of the deficiency.
(c) The assessment shall include penalty as required by Code Section 34-8-165 and interest as required by Code Section 34-8-166 together with all costs incurred in record ing and canceling liens.
(d) One or more assessments may be made for the amount due for one or more than one period and overpayments may be offset against underpayments.
(e) The Commissioner shall give to the employing unit against whom an assessment is made a written notice of the assessment. Such notice shall be directed to the last known address of the employing unit as provided to the Commissioner by the employing unit.
(f) (1) Except in the case of failure without good cause to file a return, fraud, or intent to evade any provision of this chapter or authorized regulations, every notice of assessment shall be made within three years after the last day of the month follow ing the close of the calendar quarter during which the contribution liability included in the assessment accrued or within three years after the deficient return is filed, whichever period expires later. An employing unit may waive this limitation period or may consent to its extension.
(2) In case of failure without good cause to file a return, every notice of assessment shall be made within seven years after the last day of the month following the close of the calendar quarter during which the contribution liability included in the assess ment accrued. An employer may waive this limitation period or may consent to its extension.
(g) (1) If the Commissioner finds that the collection of any contributions will be jeopardized by delay, the Commissioner shall thereupon make an assessment of those
614
JOURNAL OP THE HOUSE,
contributions, noting upon the assessment that it is a jeopardy assessment levied under this Code section and the facts upon which the Commissioner finds that collec tion of contributions will be jeopardized by delay. The amount of the assessment shall be immediately delinquent, whether or not the time otherwise allowed by law or authorized regulations has expired. When applicable, the penalties and interest pro vided in Code Sections 34-8-165 and 34-8-166 shall attach to the amount of the contri butions specified in the jeopardy assessment.
(2) In levying the assessment, the Commissioner may demand a deposit of such security as the Commissioner deems necessary to ensure compliance with the depart ment, including additional security from time to time, but not more frequently than monthly, in the amount of accumulating interest. The deposit of sufficient security to ensure compliance shall stay other collection action by the Commissioner while the assessment is under review. The deposit of the sufficient security shall not be a condi tion for the exercise of the review and appeal rights of the employer pursuant to this chapter. The filing of a petition for reassessment shall not stay collection action by the Commissioner while the assessment is under review but shall stay the sale of all property other than perishable goods seized by the Commissioner pursuant to the col lection action until a final decision from a hearing pursuant to this chapter is issued by the Office of Administrative Appeals. (h) A jeopardy assessment may be made only upon a finding by the Commissioner, based upon probable cause, that any of the following conditions are met:
(1) The employer is insolvent; (2) The employer has transferred, or is about to transfer, assets for less than fair market value, and by so doing has rendered, or is likely to render, itself insolvent;
(3) The employing unit has been dissolved;
(4) Any person liable for the employer's contribution or any owner, officer, direc tor, partner, or other person having charge of the affairs of the employer has departed or is about to depart the State of Georgia and that the departure is likely to deprive the Commissioner of a source of payment of the employer's contributions; or
(5) Any person referenced in paragraph (4) of this subsection or the employer is secreting assets or is moving, placing, or depositing assets outside of the state for the purpose of interfering with the orderly collection of any contribution. The moving, placing, or depositing of assets outside of the state which constitutes a regular busi ness practice and which does not in any way deplete the assets of the employing unit shall not be deemed to be interfering with the orderly collection of any contribution under this chapter.
(i) Any assessment so made by the Commissioner shall be prima facie good and suf ficient for all legal purposes. Notice and demand for such contributions plus interest, penalty, and costs shall be made upon such forms as the Commissioner may prescribe, and the notice and demand shall become final 15 days after the date of delivery of said notice and demand to the employer in person or by mail. Notwithstanding any of the foregoing, an employer may make application for adjustment or refund as provided in Code Section 34-8-164 if the report required by Code Sections 34-8-121 and 34-8-165 has been filed with the Commissioner. In the discretion of the Commissioner, an adjustment or refund may be made after a lien has issued and been recorded, but only if the Com missioner is satisfied the report is complete and accurate. The Commissioner shall require such documentation and may inspect any books or records of the employer as the Commissioner deems necessary to make this determination. An adjustment to the amount due may be made if the lien has not yet been satisfied. If the lien has been sat isfied, a refund may be issued by the Commissioner.
34-8-171. An employer may be enjoined from employing individuals if such employ er's reports remain unfiled or contributions remain unpaid 90 days after the end of the calendar quarter to which they apply. The Commissioner or a designee of the Commis sioner may file a complaint for an injunction in the superior court of any county in which the employer may be doing business. Said employer shall be enjoined from employing individuals until all reports have been filed and all delinquent amounts have been paid to the Commissioner.
THURSDAY, FEBRUARY 7, 1991
615
34-8-172. The Commissioner shall require any employee leasing company, as defined in Code Section 34-8-32, to post a surety bond or such equivalent financial securities as approved by the Commissioner in such an amount as needed to cover the total of any potential tax liability which may reasonably be expected to be incurred by such employer. In the event an employee leasing company is unable to procure such bond or security, the employee leasing company may report such employees as being in the employment of its client employers, notwithstanding any provision of Code Section 34-8-32 to the contrary.
34-8-173. (a) The Commissioner may release or subordinate all or any portion of the property subject to any lien obtained under provisions of this chapter if the Com missioner determines that the contributions, interest, and penalties are sufficiently secured by a lien on other property or through other security or that the release, partial release, or subordination of such lien will not endanger or jeopardize the collection of amounts due.
(b) (1) The Commissioner is authorized to settle and compromise any payment of contributions and interest thereon, including penalty, or any tax execution, where there is doubt as to the liability of the employer or where there is doubt as to the collectability and the settlement or compromise is in the best interest of the state. The Commissioner may make all reasonable rules and regulations necessary to effectu ate the purpose of this Code section.
(2) The Commissioner shall file an annual report with the Attorney General, the members of the Senate Industry and Labor Committee, and the members of the House Industrial Relations Committee, which report shall state the number of cases and the total amount of debt which is compromised under this Code section. The Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose debt was compromised, the amount of debt compromised, the number of cases, and the specified reasons for each debt compromise under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, and the state auditor. 34-8-174. In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, in proceedings relating to the administra tion of the estate of a decedent, receivership, assignment for benefit of creditors, adjudi cated insolvency, composition, dissolution, reorganization, or similar proceedings, contributions then or thereafter due, together with interest, penalties, and cost thereon, shall be paid in full in accordance with laws of this state governing the order of payment of tax liens and tax priorities. In the event of any employer's adjudication in bankruptcy or judicially confirmed extension proposal, contributions then or thereafter due, together with interest, penalties, and costs thereon, shall be required to be paid in accordance with the laws governing the lien and priority of taxes due this state. 34-8-175. Any employing unit which sells or transfers its business or stock of goods shall file all required tax and wage reports and pay all contributions, administrative assessments, interest, and penalties within 30 days after such sale or transfer. Such reports and payments shall include all wages for employment up to the date of the sale or transfer. The purchaser, transferee, successor, or assignee shall withhold a sufficient amount from the purchase money to cover the amount of all contributions, administra tive assessments, interest, and penalties due and unpaid by the seller or transferor. If the seller or transferor fails to make required payments within the 30 days specified, then the purchaser, transferee, successor, or assignee shall pay the money so withheld. If the purchaser, transferee, successor, or assignee fails to do so, it shall become liable for such contributions, administrative assessments, interest, and penalties. After 30 days the purchaser, transferee, or successor will also become jointly and severally responsible with the predecessor for filing of any delinquent reports. If the payment of moneys is not involved in the sale or transfer, such seller shall withhold the performance of the condition that constitutes the consideration for the transfer until the Commissioner cer tifies that all reports have been filed and all contributions, administrative assessments, interest, and penalties have been paid. 34-8-176. All collection, penalty, and sanction provisions in this chapter that are applicable to private employers are made equally applicable to all public employers who
616
JOURNAL OF THE HOUSE,
are liable for the payment of contributions or payments in lieu of contributions pursuant to this chapter.
34-8-177. Should any department or political subdivision of the state, any instrumen tality of a political subdivision of the state, or any instrumentality of one or more of the foregoing become more than 120 days delinquent in contributions or payments in lieu of contributions due to the Unemployment Compensation Fund, the Department of Labor shall certify to the Fiscal Division of the Department of Administrative Services the amount due. The fiscal division shall transfer the amount due to the Department of Labor from funds it has available for distribution to the respective department or political subdivision of the state, instrumentality of a political subdivision of the state, or instrumentality of one or more of the foregoing. The certification shall be signed by the Commissioner and shall be conclusive proof of the delinquency. The Commissioner shall mail a copy of the certification to the delinquent public employer on the date of transmittal to the Department of Administrative Services. Should the public employer wish to appeal the Commissioner's decision, it shall so notify the Commissioner within 15 days from the date the certification is mailed to the public employer. The Commis sioner shall, upon receipt of the notice, request the Attorney General to appoint an inde pendent attorney as an administrative hearing officer to hear all issues involved and render a decision. Should the public employer or the Commissioner contest the adminis trative hearing officer's decision, an appeal may be filed, within 30 days after the deci sion of the administrative hearing officer has been mailed, in the superior court of the county in which the decision was rendered. The Attorney General shall represent the Commissioner in any such matters appealed.
ARTICLE 6
34-8-180. (a) There is created an administrative assessment of .06 percent to be assessed upon all wages, as defined in Code Section 34-8-49, except wages of the follow ing employers:
(1) Those employers who have elected to make payments in lieu of contributions as provided by Code Section 34-8-158 or who are liable for the payment of contribu tions as provided in said Code section; or
(2) Those employers who, by application of the State-wide Reserve Ratio as pro vided in Code Section 34-8-156, have been assigned the minimum positive reserve rate or the maximum deficit reserve rate. (b) Assessments pursuant to this Code section shall become due and shall be paid by each employer and must be reported on the employer's quarterly tax and wage report according to such rules and regulations as the Commissioner may prescribe. The assess ments provided in this Code section shall not be deducted, in whole or in part, from the remuneration of individuals in the employ of the employer. Any deduction in viola tion of this subsection is unlawful. 34-8-181. In addition to the rate paid under Code Section 34-8-151, each new or newly covered employer shall pay an administrative assessment of .06 percent of wages payable by it with respect to employment during each calendar year until it is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Section 34-8-158. 34-8-182. (a) The Commissioner is authorized to collect the administrative assess ment as provided in Code Section 34-8-180 and to deposit the funds in the clearing account of the Unemployment Compensation Fund created by Code Section 34-8-83; provided, however, that such funds shall not be considered as part of the Unemployment Compensation Fund and shall not be deposited with the Secretary of the Treasury of the United States. The Commissioner is further authorized to transfer the funds from that account to the state treasury. (b) The General Assembly is authorized to appropriate to the department all funds collected and deposited in the state treasury under this article. These funds shall be payable upon requisition of the Commissioner. 34-8-183. The Commissioner may promulgate such rules and regulations as are nec essary to implement and effectuate the provisions of this article.
THURSDAY, FEBRUARY 7, 1991
617
34-8-184. (a) Except as otherwise provided in this article and in the rules and reg ulations promulgated pursuant to this article, the provisions of this article shall be administered in accordance with corresponding provisions for the administration of this chapter. Such provisions shall be subject to the same calculations, assessments, method of payment, penalties, interest, costs, and collection procedures otherwise provided in this chapter.
(b) In the administration of this article and the collection of the administrative assessment created by this article, the Commissioner is granted the same authority as he or she possesses pursuant to other provisions of this chapter. Such authority includes, but is not limited to, the collection of payments; the imposition of interest, penalties, and costs; injunctive relief; and all other rights, authority, and prerogatives granted the Commissioner under this chapter.
(c) The rights, authority, and prerogatives created under this article shall not in any manner diminish the other rights, authority, and prerogatives of the Commissioner with respect to the administration of this chapter.
34-8-185. This article shall stand repealed in its entirety on June 30, 1996.
ARTICLE 7
34-8-190. (a) Claims for benefits shall be made in accordance with such rules or regulations as the Commissioner may prescribe. The Commissioner may provide for employer initiated claims under such circumstances as prescribed in rules or regulations.
(b) Each employer shall post and maintain, in places readily accessible to employees, printed statements concerning such regulations or such other matters as the Commis sioner may by regulation prescribe. Each employer shall make available to its employees copies of such printed statements or materials relating to claims for benefits as the Commissioner may by regulation prescribe.
(c) Each employer shall furnish to each employee a separation notice at such time as the employee leaves the employment of the employer. The separation notice shall contain detailed reasons for the employee's separation. The employee shall tender this separation notice at the time of filing a claim for benefits. This separation notice shall be in such form as prescribed by rules or regulations of the Commissioner. The Commis sioner shall by rule or regulation prescribe the circumstances under which such form must be furnished to the department.
34-8-191. All benefits payable from and out of the Unemployment Compensation Fund shall be paid as provided in this chapter and through the employment offices of the department in accordance with such rules and regulations as the Commissioner may prescribe.
34-8-192. (a) Employees of the department designated by the Commissioner shall take the initial claim. An initial determination thereon shall be made promptly and shall include a determination with respect to whether or not benefits are payable, the week with respect to which benefits shall commence, the weekly benefit amount payable, and the maximum duration of benefits.
(b) Whenever a determination involves the application of paragraph (4) of Code Sec tion 34-8-195 or involves multiple claimants and difficult issues of fact or law, the Com missioner may appoint a panel of three administrative hearing officers for hearing and decision in accordance with subsection (a) of Code Section 34-8-220. The claimant and any other parties to the determination or redetermination shall be promptly notified of the decision and the reasons therefor.
(c) A determination shall be final unless a party entitled to notice applies for recon sideration of the determination or appeals the determination within 15 days after the notice was mailed to the party's last known address or otherwise delivered to the party. Before a determination becomes final as provided in this Code section, the Commis sioner may issue a redetermination if good cause is shown. Such redetermination is sub ject to further appeal by any party entitled to notice as provided in this chapter.
(d) Notwithstanding any provision in this Code section or this chapter to the con trary, benefits shall be paid promptly in accordance with a determination or redetermi nation under this Code section or the decision of an administrative hearing officer, the
618
JOURNAL OF THE HOUSE,
board of review, or a reviewing court allowing benefits upon the issuance of such deter mination or redetermination without such payments being withheld pending outcome of the hearing of an appeal, review by the board of review, or decision of a court, unless and until such determination has been modified or reversed by a subsequent decision. In that event, benefits shall be paid or denied for any weeks of unemployment in accordance with such modifying or reversing decision. Neither the board of review nor any court shall issue an injunction, supersedeas, stay, or other writ or process suspend ing the payment of such benefits pending the disposition of such appeal.
34-8-193. (a) The weekly benefit amount of an individual's claim shall be that amount computed by dividing the two highest quarters of wages paid in the base period by 50. Any fraction of a dollar shall then be disregarded. Wages must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. For claims that fail to establish entitlement due to failure to meet the 150 percent requirement, an alternative
computation shall be made. In such event, the weekly benefit amount shall be computed by dividing the highest single quarter of base period wages paid by 25. Any fraction of
a dollar shall then be disregarded. Under this alternative computation, wages must have been paid in at least two quarters of the base period and total base period wages must
equal or exceed 40 times the weekly benefit amount. Regardless of the method of com putation used, wages must have been paid for insured work, as defined in Code Section 34-8-41.
(b) Weekly benefit amount entitlement as computed in this Code section shall be no
less than $27.00 per week for benefit years beginning on or after July 1, 1983; provided, however, that for benefit years beginning on or after July 1, 1987, when the weekly ben efit amount, as computed, would be more than $26.00 but less than $37.00, the individual's weekly benefit amount will be $37.00, and no weekly benefit amount shall
be established for less than $37.00. (c) Weekly benefit amount entitlement as computed in this Code section shall not
exceed these amounts for the applicable time period: (1) For claims filed on or after July 1, 1983, but before July 1, 1985, the maximum
weekly benefit amount shall not exceed $125.00; (2) For claims filed on or after July 1, 1985, but before July 1, 1986, the maximum
weekly benefit amount shall not exceed $135.00; (3) For claims filed on or after July 1, 1986, but before July 1, 1987, the maximum
weekly benefit amount shall not exceed $145.00;
(4) For claims filed on or after July 1, 1987, but before July 1, 1988, the maximum weekly benefit amount shall not exceed $155.00;
(5) For claims filed on or after July 1, 1988, but before July 1, 1989, the maximum weekly benefit amount shall not exceed $165.00;
(6) For claims filed on or after July 1, 1989, but before July 1, 1990, the maximum weekly benefit amount shall not exceed $175.00; and
(7) For claims filed on or after July 1, 1990, the maximum weekly benefit amount
shall not exceed $185.00. (d) The maximum benefits payable to an individual in a benefit year shall be the
lesser of 26 times the weekly benefit amount or one-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be
adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197.
(e) An otherwise eligible individual shall be paid the weekly benefit amount, less
gross earnings in excess of $30.00, payable to the individual applicable to the week for which benefits are claimed. Such remaining benefit, if not a multiple of $1.00, shall be
computed to the nearest multiple of $1.00. Earnings of $30.00 or less will not affect
entitlement to benefits. For the purpose of this subsection, jury duty pay shall not be considered as earnings.
(f) (1) The amount of unemployment compensation payable to an individual for
any week which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other simi
lar periodic payment which is based on the previous work of such individual shall be
THURSDAY, FEBRUARY 7, 1991
619
reduced by an amount equal to the amount of such pension, retirement or retired pay, annuity, or other payment which is reasonably attributable to such week. Such remaining benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00.
(2) The requirements of this subsection shall apply to any pension, retirement or retired pay, annuity, or other similar periodic payment only if:
(A) Such pension, retirement or retired pay, annuity, or similar payment is under a plan maintained or contributed to by a base-period employer or chargeable employer as determined under applicable law; and
(B) Payments for services performed for such employer by the individual after the beginning of the base period affect eligibility for or increase the amount of such pension, retirement or retired pay, annuity, or similar payment, except in the case of pensions paid under the federal Social Security Act, the Railroad Retirement Act of 1974, or the corresponding provisions of prior law. (3) The Commissioner shall take into consideration the amount contributed by the individual for the pension, retirement or retired pay, annuity, or other similar periodic payment and shall limit such reduction based on the percent share contributed by such individual. An individual who, while working, contributed 50 percent or more toward such plan shall not be subject to a reduction in the weekly benefit amount of the claim. (g) Between the filing of one benefit year claim and the filing of another benefit year claim, an individual must have performed services in bona fide employment and earned insured wages for such services. These wages for insured work must equal or exceed ten times the weekly benefit amount of the new claim in order to establish entitlement. (h) The wage credits and benefit rights of persons who entered the armed services of the United States during a national emergency are preserved for the period of their actual service and six months thereafter in accordance with regulations of the Commis sioner. 34-8-194. An individual shall be disqualified for benefits: (1) For the week or fraction thereof in which the individual has filed an otherwise valid claim for benefits after such individual has left the most recent employer volun tarily without good cause in connection with the individual's most recent work. Good cause shall be determined by the Commissioner according to the circumstances in the case. To requalify following a disqualification, an individual must secure subsequent employment for which the individual earns insured wages equal to at least ten times the weekly benefit amount of the claim and then becomes unemployed through no fault on the part of the individual. Notwithstanding the foregoing, in the Commission er's determination the burden of proof of good work connected cause for voluntarily leaving such work shall be on the individual. Benefits shall not be denied under this paragraph, however, to an individual for separation from employment pursuant to a labor management contract or agreement or pursuant to an established employer plan, program, policy, layoff, or recall which permits the individual, because of lack of work, to accept a separation from employment; (2) (A) For the week or fraction thereof in which such individual has filed an otherwise valid claim for benefits after the individual has been discharged or sus pended from work with the most recent employer for failure to obey orders, rules, or instructions or for failure to discharge the duties for which the individual was employed as determined by the Commissioner according to the circumstances in the case. To requalify following a disqualification, an individual must secure subsequent employment for which the individual earns insured wages equal to at least ten times the weekly benefit amount of the claim and then becomes unemployed through no fault on the part of the individual. Notwithstanding the foregoing, in the Commis sioner's determination the burden of proof of just discharge or suspension for cause as set forth shall be on the employer and the presumption shall be with the employee; provided, however, that:
(i) An individual shall secure employment and show to the satisfaction of the Commissioner that such individual has performed services in bona fide employ ment and earned insured wages equal to at least 12 times the weekly benefit
620
JOURNAL OF THE HOUSE,
amount of the claim and has lost that job through no fault on the part of such individual, if it is determined by the Commissioner that the individual has been discharged for cause by the most recent employer for one or more of the following reasons:
(I) Intentional conduct on the premises of the employer or while on the job which results in a physical assault upon or bodily injury to the employer, fellow employees, customers, patients, bystanders, or the eventual consumer of products; or
(II) Intentional conduct that results in the employee's being discharged for, and limited to, the following: theft of property, goods, or money valued at $100.00 or less; and (ii) An individual shall secure employment and show to the satisfaction of the Commissioner that he or she has performed services in bona fide employment and earned insured wages equal to at least 16 times the weekly benefit amount of the claim if it is determined by the Commissioner that the individual has been dis charged for cause by the most recent employer for one or more of the following reasons:
(I) Intentional conduct by the employee which results in property loss or damages amounting to $2,000.00 or more; or
(II) Intentional conduct that results in the employee's being discharged for, and limited to, the following: theft of property, goods, or money valued at over $100.00, sabotage, or embezzlement. (B) An individual shall not be disqualified for benefits under subparagraph (A) of this paragraph if, based on the rules and regulations promulgated by the Com missioner, the Commissioner determines: (i) The individual made a good faith effort to perform the duties for which hired but was simply unable to do so; (ii) The individual did not intentionally fail or consciously neglect to perform his or her job duties; (iii) The discharge occurred because of absenteeism and the absences were caused by illness of the claimant or a family member, unless the claimant has without justification failed to notify the employer; (iv) The discharge occurred as a violation of the employer's rule of which the claimant was not informed by having been made aware thereof by the employer or through common knowledge. Consistency of prior enforcement shall be taken into account as to the reasonableness or existence of the rule and such rule must be lawful and reasonably related to the job environment and job performance; or
(v) Except for activity requiring disqualification under paragraph (4) of this Code section, the employee was exercising a protected right to protest against wages, hours, working conditions, or job safety under the federal National Labor Relations Act or other laws;
(3) (A) If, after the claimant has filed an otherwise valid claim for benefits, the claimant has failed without good cause either to apply for available, suitable work when so directed by an employment office or the Commissioner or to accept suitable work when offered to the claimant by any employer. Such disqualification shall con tinue until he or she has secured subsequent employment for which the individual
has earned insured wages equal to at least ten times the weekly benefit amount of the claim and has lost that job through no fault on the part of the individual.
(B) In determining whether or not any work is suitable for an individual, the Commissioner shall consider the degree of risk involved to his or her health, safety,
and morals; his or her physical fitness and prior training; his or her experience and prior earnings; his or her length of unemployment and prospects for securing local
work in his or her customary occupation; and the distance of the available work from his or her residence. The length of unemployment shall be given full considera
tion and, after an adjustment period, the claimant must accept work involving less
competence and at a lower remuneration. If a claimant has received ten weeks of
THURSDAY, FEBRUARY 7, 1991
621
benefits during his or her current period of unemployment, no work otherwise suit able shall be considered unsuitable because of prior training, experience, prior earn ings, or level of compensation, provided such compensation is equal to or exceeds 66 percent of the claimant's highest calendar quarter base period earnings; provided, however, that such compensation must be equal to or greater than the minimum wage established by federal or state laws.
(C) Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied under this chapter to any other wise eligible individual for refusing to accept new work:
(i) If the position offered is vacant due directly to a strike, lockout, or other labor dispute;
(ii) If the wages, hours, or other conditions of the work offered are less favor able to the individual than those prevailing for similar work in the locality; or
(iii) If, as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization; (4) For any week with respect to which the Commissioner finds that his or her total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment, or other premises at which he or she is
or was last employed. If, in any case, separate branches of work which are commmonly conducted as separate businesses in separate premises are conducted in separate
departments of the same premises, each such department shall, for the purposes of this paragraph, be deemed to be a separate factory, establishment, or other premises. This paragraph shall not apply if it is shown to the satisfaction of the Commissioner
that: (A) He or she is not participating in or financing or directly interested in the
labor dispute which caused the stoppage of work; (B) He or she does not belong to a grade or class of workers of which, immedi
ately before the commencement of the stoppage, there were members employed at
the premises at which the stoppage occurs, any of whom are participating in or financing or directly interested in the dispute; or
(C) A lockout has occurred following the expiration of the most recent working
agreement without any offer of or refusal to continue that agreement during contin ued negotiations for a new agreement acceptable to employer and employee.
When a stoppage of work due to a labor dispute ceases and operations are resumed at the factory, establishment, or other premises at which the employee is or was last
employed but the employee has not been restored to such last employment, the employee's disqualification for benefits under this paragraph shall be deemed to have ceased at such time as the Commissioner shall determine such stoppage of work to
have ceased and such operations to have been resumed. Benefits shall not be paid for any week during which the employee is engaged in picketing or is a participant in a
picket line at the factory, establishment, or other premises at which the employee is or was last employed even though the stoppage of work shall have ceased and opera
tions have been resumed; (5) For any week with respect to which the employee is receiving or has received
remuneration in the form of:
(A) Wages in lieu of notice, terminal leave pay, severance pay, separation pay, or dismissal payments or wages by whatever name, regardless of whether the remu
neration is voluntary or required by policy or contract; provided, however, such remuneration shall only affect entitlement if the remuneration for such week
exceeds the individual's weekly benefit amount. Remuneration for accrued but
unused annual leave, vacation pay, sick leave, or payments from employer funded supplemental unemployment plans, pension plans, profit-sharing plans, deferred compensation, or stock bonus plans or seniority buyback plans shall not affect
entitlement. In the case of lump sum payments or periodic payments which are less than the individual's weekly wage, such payments shall be prorated by weeks on the
basis of the most recent weekly wage of the individual for a standard work week;
622
JOURNAL OF THE HOUSE,
(B) Compensation for temporary partial or temporary total disability under the workers' compensation law of any state or under a similar law of the United States; (6) For any week with respect to which he or she has received or is seeking unem ployment compensation under an unemployment compensation law of another state or of the United States; or (7) If while attending a training course as provided in Code Section 34-8-195, he or she voluntarily ceases attending such course without good cause. Such disqualifica tion shall continue pursuant to the provisions of paragraph (1) of this Code section. However, if any individual is separated from training approved under Code Section 34-8-195 due to the individual's own failure to abide by rules of the training facility, he or she shall be disqualified for benefits under the provisions of paragraph (2) of this Code section. 34-8-195. (a) An unemployed individual shall be eligible to receive benefits for any week only if such unemployed individual shows to the satisfaction of the Commissioner that each of the following conditions has been met:
(1) The individual has made a claim, has been unemployed or employed less than full time during the regular work week, and has reported his or her deductible earn ings in accordance with Code Section 34-8-190;
(2) The individual has registered for work and has continued to report to an employment office as required by regulations prescribed by the Commissioner. The Commissioner may, by regulation, waive or alter either or both of the requirements of this paragraph for cases or situations in which the Commissioner finds that compli ance with the requirements would be oppressive or inconsistent with the purposes of this chapter;
(3) (A) The individual is able to work, is available for work, is actively seeking work, and is bona fide in the labor market; provided, however, that no individual shall be considered available for work or receive benefits for any period that:
(i) The individual is away from work on vacation or leave of absence at the individual's own request;
(ii) The individual is away from work for a vacation period as provided in an employment contract or collective bargaining agreement; or
(iii) The individual is away from work for a vacation period in the absence of an employment contract or collective bargaining agreement and such vacation period is either pursuant to:
(I) An established employer custom, practice, or policy as evidenced by the previous year or years; or
(II) A vacation policy and practice established by the employer by an announcement, made at least 90 days before the beginning of the scheduled period, of a paid vacation plan applicable to the employees who meet the eligi bility requirements of the plan.
(B) In no event shall an employee be held unavailable for work or ineligible for benefits under divisions (ii) and (iii) of subparagraph (A) of this paragraph for any period of more than two weeks in any calendar year when such employee is not paid for such period directly or indirectly by the employer or from a fund to which the employer contributes. The usual eligibility requirements shall apply to individuals
laid off due to lack of work or for a purported vacation not meeting the conditions set forth in subparagraph (A) of this paragraph;
(4) The individual is willing to work under the same general terms and conditions
as existed since the beginning of the base period; and (5) The individual has been paid sufficient wages for insured work to qualify for
a weekly benefit amount as provided in Code Section 34-8-193. (b) An individual who is laid off with a scheduled return-to-work date within six
weeks from the date of separation shall be considered attached to the employer and exempt from seeking work. However, if the employee has not returned to work at the
end of that period, the employee must meet the requirements of subsection (a) of this
Code section.
THURSDAY, FEBRUARY 7, 1991
623
(c) An individual shall not be deemed to be unemployed in any week such individual refuses an intermittent or temporary assignment without good cause when the assign ment offered is comparable to previous work or assignments performed by the individual or meets the conditions of employment previously agreed to between the individual and the employer. Such individual may be considered unemployed with respect to any week an assignment or work is not offered by the employer.
(d) No otherwise eligible individual shall be denied benefits because that individual is in training with the approval of the Commissioner. Individuals attending such approved training are exempt from the availability and work search requirements of this Code section. Such individual may also refuse work or referrals to job openings while in training without being subject to disqualification under paragraph (3) of Code Section 34-8-194.
(e) A claimant shall not be deemed ineligible or disqualified for benefits because he or she is in training approved by the United States Secretary of Labor pursuant to the Trade Act of 1974, as amended, or the Job Training Partnership Act of 1982, as
amended, even though he or she voluntarily quit work which was not suitable to enter such training or he or she is not able, available, or actively seeking work or he or she
refused work during any week of such training. For the purpose of this subsection, the term 'suitable work' means, with respect to a claimant, work of a substantially equal or higher skill level than the claimant's past adversely affected work and wages for such
work are not less than 80 percent of the claimant's average weekly wage in the adversely affected work; provided, however, no claimant shall be deemed ineligible or disqualified
for benefits by operation of paragraph (7) of subsection (a) of Code Section 34-8-197 who is in approved training as referred to in this subsection; provided, further, should
the employer respond timely and such voluntary separation on the part of the claimant is without good cause in connection with the claimant's most recent work, such employ er's experience rating account shall not receive charges for any benefits paid as provided
for in Code Section 34-8-157; provided, further, should the claimant refuse suitable work while in training and the employer files timely information as provided by regulation, such employer's experience rating account shall not be charged; provided, further, pursu
ant to Code Section 34-8-159, an employer under Code Section 34-8-158 who has elected to make payments in lieu of contributions is subject to relief of charges under this sub
section, only with respect to claims filed with benefit years beginning on or after Janu
ary 1, 1992. 34-8-196. (a) Benefits based on service in employment as defined in subsections (h)
and (i) of Code Section 34-8-35 shall be payable in the same amount, on the same terms,
and subject to the same conditions as compensation payable on the basis of other ser vices subject to this chapter, except as otherwise provided in this Code section:
(1) With respect to services performed in an instructional, research, or principal administrative capacity for any educational institution, including those operated by the United States government or any of its instrumentalities, divisions, or agencies,
benefits shall not be paid during periods of unemployment if services were performed in the prior year, term, or vacation period and there is a contract or a reasonable
assurance of returning to work for an educational institution immediately following the period of unemployment. Such periods of unemployment include those occurring:
(A) Between two successive academic terms or years; (B) During an established and customary vacation period or holiday recess; (C) During the time period covered by an agreement that provides instead for
a similar period between two regular but not successive terms; or (D) During a period of paid sabbatical leave provided for in the individual's con
tract; and (2) With respect to services performed in any other capacity with any educational
institution, including those operated by the United States government or any of its instrumentalities, divisions, or agencies, benefits shall not be paid during periods of
unemployment if services were performed in the prior year, term, or vacation period and there is a reasonable assurance of returning to work for an educational institution
immediately following the period of unemployment. If compensation is denied pursu ant to this paragraph to an individual, however, and that individual is not offered an
624
JOURNAL OF THE HOUSE,
opportunity to perform services for the educational institution following the unem ployed period, such individual shall be entitled to retroactive payment for each week during that period of unemployment a timely claim was filed and benefits were denied solely by reason of this paragraph. Such periods of unemployment include those occur ring:
(A) Between two successive academic years or terms; or (B) During an established and customary vacation period or holiday recess; and (3) Benefits shall not be paid as specified in paragraphs (1) and (2) of this subsec tion to any individual for any week of unemployment if the individual performs such services in an educational institution while in the employ of an educational service agency. For the purposes of this paragraph, the term 'educational service agency' means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing such services to one or more educational insti tutions. (b) Benefits shall not be paid to an individual on the basis of any services substan tially all of which consist of participating in professional sports or athletic events or of training or preparing to so participate for any week which begins during the period between two successive sport seasons or similar periods if such individual performed such services in the first of such seasons or similar periods and there is a reasonable assurance that such individual will perform such services in the later of such seasons or similar periods. (c) (1) Benefits shall not be paid to an individual based on services performed by an alien unless such alien was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of Section 203(a)(7) or Section 212(d)(5) of the federal Immigration and Nationality Act. (2) Any data or information required of individuals applying for benefits to deter mine whether benefits are payable because of their alien status shall be uniformly required from all applicants for benefits. (3) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of the individual's alien status shall be made except upon a preponderance of the evi dence. (d) As used in this Code section, the term 'reasonable assurance' means a written, verbal, or implied agreement between an employer and its employee that such employee will be returned to employment following the period of unemployment.
34-8-197. (a) As used in this Code section, the term:
(1) 'Eligibility period' of an individual means the period consisting of the weeks in his or her benefit year which begin in an extended benefit period and, if his or her benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.
(2) 'Exhaustee' means an individual who, with respect to any week of unemploy ment in his or her eligibility period:
(A) Has received, prior to such week, all of the regular benefits that were availa ble to him or her under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-service person nel under 5 U.S.C. Chapter 85, in his or her current benefit year that includes such week, provided that for the purposes of this subparagraph an individual shall be deemed to have received all of the regular benefits that were available to him or her, although, as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his or her benefit year, he or she may subsequently be determined to be entitled to added regular benefits;
(B) His or her benefit year having expired prior to such week, has no or insuffi cient wages on the basis of which he or she could establish a new benefit year that would include such week; and
THURSDAY, FEBRUARY 7, 1991
625
(C) (i) Has no right to unemployment benefits or allowances under the Rail road Unemployment Insurance Act and such other federal laws as are specified in regulations issued by the United States Secretary of Labor.
(ii) Has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but if he or she is seeking such bene fits and the appropriate agency finally determines that he or she is not entitled to benefits under such law, he or she is considered an exhaustee. (3) 'Extended benefit period' means a period which: (A) Begins with the third week after a week for which there is a state 'on' indi cator; and (B) Ends with either of the following weeks, whichever occurs later:
(i) The third week after the first week for which there is a state 'off indica tor; or
(ii) The thirteenth consecutive week of such period. However, no extended benefit period may begin by reason of a state 'on' indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state. There is a state 'on' indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment under the state law for the period equaled or exceeded 120 percent of the average of such rates for the corresponding 13 week period ending in each of the preceding two calendar years and equaled or exceeded 5 percent. There is a state 'off indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, either of the above provisions is not satisfied.
(4) 'Rate of insured unemployment,' for purposes of paragraph (3) of this subsec tion, means the percentage derived by dividing:
(A) The average weekly number of individuals filing claims in this state, not including individuals filing claims for extended benefits or regular benefits claimed by federal civilian employees and ex-service personnel, for weeks of unemployment with respect to the most recent 13 consecutive week period, as determined by the Commissioner on the basis of the Commissioner's reports to the United States Sec
retary of Labor; by (B) The average monthly employment covered under this chapter for the first
four of the most recent six completed calendar quarters ending before the end of such 13 week period. (5) 'Regular benefits' means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U.S.C. Chapter 85, other than extended ben efits. (6) 'State law' means the unemployment insurance law of any state approved by the United States Secretary of Labor under Section 3304 of the Internal Revenue Code. (7) 'Suitable work' means, with respect to any individual, any work which is within such individual's capabilities, provided that, if the individual furnishes evidence satis factory to the Commissioner that such individual's prospects for obtaining work in the customary occupation of such individual within a reasonably short period are good, the determination of whether any work is suitable work with respect to such individ ual shall be made in accordance with this chapter. (b) Except when the result would be inconsistent with the other provisions of this Code section, as provided in the regulations of the Commissioner, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. (c) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the eligibility period of the individual only if the Commis sioner finds that with respect to such week: (1) He or she is an 'exhaustee' as defined in paragraph (2) of subsection (a) of this Code section; and (2) He or she has satisfied the requirements of this chapter for the receipt of regu lar benefits that are applicable to individuals claiming extended benefits, including
626
JOURNAL OF THE HOUSE,
not being subject to a disqualification for the receipt of benefits; provided, however, that the total extended benefits otherwise payable to an individual who has filed an interstate claim under the interstate benefit payment plan shall not exceed two weeks whenever an extended benefit period is not in effect for such week in the state where the claim is filed; provided, further, if an individual has been disqualified in his or her most recent benefit year or on his or her extended benefit claim, only those who are required to return to work and to earn additional insured wages in employment in order to terminate this disqualification and who satisfy this requirement shall be eligible to receive extended benefits; provided, further, if the benefit year of a claim ant ends within an extended benefit period, the number of weeks of extended benefits that such claimant would be entitled to in that extended benefit period, but for this subsection, shall be reduced, but not below zero, by the number of weeks for which the claimant was entitled to trade readjustment allowances during such benefit year. For purposes of this subsection, the terms 'benefit year" and 'extended benefit period' shall have the same respective meanings. (d) The weekly extended benefit amount payable to an individual for a week of total unemployment in the eligibility period of such individual shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit year. (e) The total extended benefit amount payable to any eligible individual with respect to his or her applicable benefit year shall be the least of the following amounts:
(1) Fifty percent of the total amount of regular benefits which were payable to him or her under this chapter in his or her applicable benefit year;
(2) Thirteen times his or her weekly benefit amount which was payable to him or her under this chapter for a week of total unemployment in the applicable benefit year; or
(3) Thirty-nine times the individual's weekly benefit amount which was payable to the individual under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid or deemed paid to him or her under this chapter with respect to the benefit year. (f) Whenever an extended benefit period is to become effective in this state as a result of the state 'on' indicator or whenever an extended benefit period is to be termi nated in this state as a result of the state 'off indicator, the Commissioner shall make an appropriate announcement. (g) Computations required by paragraph (4) of subsection (a) of this Code section shall be made by the Commissioner in accordance with regulations prescribed by the United States Secretary of Labor. (h) Notwithstanding other provisions of this Code section, payment of extended benefits under this Code section shall not be made to any individual for any week of unemployment in his or her eligibility period during which he or she fails:
(1) To accept any offer of suitable work or fails to apply for any suitable work to which he or she was referred by the State Employment Service; or
(2) To engage actively in seeking work. For the purposes of this paragraph, an individual shall be treated as actively engaged in seeking work during any week if:
(A) The individual has engaged in a systematic and sustained effort to obtain work during such week; and
(B) The individual provides tangible evidence to the satisfaction of the Commis sioner that he or she has engaged in such an effort during such week, (i) If any individual is ineligible for extended benefits for any week by reason of a failure described in paragraph (1) or (2) of subsection (h) of this Code section, the indi vidual shall be ineligible to receive extended benefits for any week which begins during a period which: (1) Begins with the week following the week in which such failure occurs; and (2) Does not end until such individual has been employed during at least four weeks which begin after such failure and for which the total of the remuneration in insured wages for services in employment earned by the individual for being so employed is not less than the product of four multiplied by the individual's weekly benefit amount for his or her benefit year.
THURSDAY, FEBRUARY 7, 1991
627
(j) No individual shall be denied extended benefits under paragraph (1) of subsection (h) of this Code section for any week by reason of a failure to accept an offer of or apply for suitable work:
(1) If the gross average weekly remuneration payable to such individual for the position does not exceed the sum of:
(A) The individual's weekly benefit amount for such individual's benefit year; and
(B) The amount, if any, of supplemental unemployment compensation benefits, as defined in Code Section 34-8-45, payable to such individual for such week; (2) If the position was not offered to such individual in writing and was not listed with the State Employment Service; (3) If such failure would not result in a denial of benefits under this chapter to the extent that such provisions are not inconsistent with paragraph (7) of subsection (a) of this Code section and the provisions of subsection (h) of this Code section which relate to individuals actively engaged in seeking work; or (4) If the position pays wages less than the higher of:
(A) The minimum wage provided by Section 6(a)(l) of the Fair Labor Standards Act of 1938, without regard to any exemption; or
(B) The Georgia minimum wage. (k) A claimant for extended benefits shall be referred to any suitable work as pro vided for in paragraph (7) of subsection (a) of this Code section which is not excluded by subsection (j) of this Code section. 34-8-198. (a) Each claimant shall disclose to the department whether or not such claimant owes child support obligations which are being enforced pursuant to a plan described in Section 454 of the federal Social Security Act. (b) The department shall notify the state or local child support enforcement agency that such individual owes child support obligations and is eligible for unemployment compensation. (c) The department shall cause to be deducted and withheld from any unemploy ment compensation otherwise payable to such claimant:
(1) The amount specified by the claimant to be deducted and withheld if neither paragraph (2) nor (3) of this subsection is applicable;
(2) The amount determined pursuant to an agreement submitted to the depart ment by the state or local child support enforcement agency under Section 454(20)(B)(i) of the federal Social Security Act; or
(3) Any amount otherwise required to be so deducted and withheld from such unemployment compensation which has been determined through legal process as that term is defined in Section 462(e) of the federal Social Security Act. (d) Any amount so deducted and withheld pursuant to paragraph (1), (2), or (3) of subsection (c) of this Code section shall be paid to the appropriate state or local child support enforcement agency. (e) Any amount deducted and withheld pursuant to this Code section shall for all purposes be treated as if it were paid to the claimant as unemployment compensation and then paid by such claimant to the state or local child support enforcement agency in satisfaction of the claimant's child support obligations.
ARTICLE 8
34-8-220. (a) The Commissioner shall appoint one or more impartial hearing offi cers to hear and decide appealed decisions. Each hearing officer shall be selected in accordance with Code Section 34-8-74. No person shall participate on behalf of the Com missioner in any case in which he or she is an interested party.
(b) Unless an appeal is withdrawn, an administrative hearing officer, after affording the parties reasonable opportunity for fair hearing, shall affirm or modify the findings of fact and initial determination or shall make a decision after hearing on issues referred by the Commissioner pursuant to subsection (b) of Code Section 34-8-192. The parties shall be duly notified of such decision, together with the reasons therefor, which shall be deemed to be the final decision of the Commissioner, unless within 15 days after the
628
JOURNAL OF THE HOUSE,
date of notification or mailing of such decision further appeal is initiated pursuant to subsection (a) of Code Section 34-8-221.
34-8-221. (a) The board of review may on its own motion affirm, modify, or set aside any decision of an administrative hearing officer on the basis of the evidence pre viously submitted in such case or direct the taking of additional evidence or may permit any of the parties to such decision to initiate further appeals before the board of review. The board of review shall promptly notify the parties to any proceedings of its findings and decision. The decision of the board shall be final.
(b) The board of review may, in its discretion and on its own motion, reconsider its final decision at any time within 15 days of the release of the final decision of the board. The board shall notify all concerned parties of its intent to reconsider a final decision. Such notice shall stay the process of judicial review until a final decision is released by the board.
(c) The quorum for the board of review shall be two members. No meeting of the board shall be scheduled when it is anticipated that less than two members will be present, and no hearing shall be held nor decision released by the board in which less than two members participated.
(d) In the event only two members are able to vote on a case and one member votes to affirm the decision of the administrative hearing officer but the other member votes to reverse the decision or remand the case for another hearing, the decision of the administrative hearing officer shall stand affirmed.
(e) The Commissioner shall provide the board of review and the office of administra tive appeals with proper facilities and assistants for the execution of their functions.
34-8-222. The manner in which appealed claims shall be presented and the conduct of hearings and appeals shall be in accordance with regulations prescribed by the Com missioner for determining the rights of the parties. It is not required that such regula tions conform to common law or statutory rules of evidence and other technical rules of procedure. A full and complete record shall be kept of all proceedings in connection with an appealed claim. All testimony at any hearing upon a claim before the adminis trative hearing officer shall be mechanically recorded but need not be transcribed unless the disputed claim is further appealed. The board of review, in its sole discretion, shall have the power to determine the necessity for transcription of any record to be consid ered by it. However, no provision of this Code section shall preclude the Commissioner from making the original documents, papers, and transcripts available for inspection upon written request by any party to the proceedings. Documents, papers, and tran scripts shall be available for inspection during normal working hours at the office of the department in Atlanta or at the local office of the department where the original claim for benefits under this law was filed. Due to the confidential nature of the proceedings, only agency personnel or the board of review shall be permitted to make a recording of any type whatsoever of any hearing involving a claim for benefits or an appeal there from. The hearing may be recorded by one or both of the interested parties, provided prior written consent is received by the office of administrative appeals from all inter ested parties.
34-8-223. (a) Any decision of the board of review, in the absence of a reconsidera tion as provided in subsection (d) of Code Section 34-8-192, shall become final 15 days after the date of notification or mailing. Judicial review shall be permitted only after any party claiming to be aggrieved thereby has exhausted his or her administrative rem edies as provided by this chapter. The Commissioner shall be deemed to be a party to any judicial action involving any such decision and shall be represented in any such judicial action by the Attorney General.
(b) Within 15 days after the decision of the board of review has become final, any party aggrieved thereby may secure judicial review by filing a petition against the Com missioner in the superior court of the county where the employee was last employed. In the event the individual was last employed in another state, such appeal shall be filed in Fulton County, Georgia. Any other party to the proceeding before the board of review shall be made a respondent. The petition, which need not be verified but which shall state specifically the grounds upon which a review is sought, shall be served upon the
THURSDAY, FEBRUARY 7, 1991
629
Commissioner or upon such person as the Commissioner may designate, and such service shall be deemed completed service on all parties, but there shall be left with the party so served as many copies of the petition as there are respondents. The Commissioner shall mail one such copy to each such respondent. Within 30 days after the service of the petition, the Commissioner shall certify and file with the superior court all docu ments and papers and a transcript of all testimony taken in the matter, together with the board of review's findings of fact and decision therein. The Commissioner shall not be required to furnish any person with a copy of the aforementioned documents, papers, or transcripts or the original of these items prior to the Commissioner's filing these items with the court. The Commissioner may also, in his or her discretion, certify to such court questions of law involved in any decision. As a guide for future interpretation of the law, when the Commissioner is aggrieved by any decision of the board of review or deems such decision contrary to the law and no other party enters an appeal there from, the Commissioner may, within 20 days after such decision has become final, appeal and certify to the superior court questions of law therein involved. The court shall consider and determine the same and enter a decree accordingly, which shall be subject to further appeal by the Commissioner. In any judicial proceeding under this Code section, the findings of the board of review as to the facts, if supported by evi dence and in the absence of fraud, shall be conclusive, and the jurisdiction of the court shall be confined to questions of law. Such actions and the questions so certified shall be heard in a summary manner and shall be given precedence over all other civil cases except cases to which the state is a material party and cases arising under Chapter 9 of this title. An appeal may be taken from the decision of the superior court to the Court of Appeals in the same manner as is provided in civil cases but not inconsistent with this chapter. No bond shall be required for entering an appeal.
34-8-224. Witnesses subpoenaed pursuant to this article shall be allowed fees at a rate fixed by the Commissioner. Such fees shall be deemed a part of the expense of administering this chapter.
ARTICLE 9
34-8-250. Any agreement by an individual to waive, release, or commute his or her rights to benefits or any other rights under this chapter shall be void. Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's contributions or payments in lieu of contributions required under this chapter from such employer shall be void. No employer shall directly or indirectly make, require, or accept any deduction from the wages of any individual in his or her employ to finance the employer's contributions or payments in lieu of required contributions or require or accept any waiver of any right under this chapter by any such individual. Any employer or agent of an employer who violates any provision of this Code section shall, for each offense and upon conviction, be guilty of a misdemeanor.
34-8-251. No individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the Commissioner, the board of review, or representa tives of the Commissioner or the board of review, or by any court or any officer thereof. Any individual claiming benefits in any proceeding before a court, the Commissioner, the board of review, or representatives of the Commissioner or the board of review may be represented by counsel or other duly authorized agent; but no such counsel or agents shall either charge or receive for such services more than an amount approved by the board of review. Any person who violates any provision of this Code section shall upon conviction be guilty of a misdemeanor.
34-8-252. Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be void. Such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever pro vided for the collection of debt except child support obligations as described in Code Section 34-8-198 and overpayment for benefits as described in Code Section 34-8-254; and benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessities furnished to such individual or his or
630
JOURNAL OF THE HOUSE,
her spouse or dependents during the time when such individual was unemployed. No waiver of any exemption provided for in this Code section shall be valid.
34-8-253. No person shall be excused from attending and testifying or from produc ing books, papers, correspondence, memoranda, and other records before the Commis sioner, the board of review, an administrative hearing officer, or any duly authorized representative of any of them or in obedience to the subpoena of any of them in any cause or proceeding before the Commissioner, the board of review, or an administrative hearing officer on the ground that the testimony or evidence, documentary or otherwise, required of him or her may tend to incriminate him or her or subject him or her to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which the individual is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such indi vidual testifying shall not be exempt from prosecution and punishment for perjury committed in testifying.
34-8-254. (a) Any person who has received any sum as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not ful filled or while the person was disqualified from receiving benefits shall, in the discretion of the Commissioner, either be liable to have such sums deducted from any future bene fits payable to such person under this chapter, no single deduction to exceed 50 percent of the amount of the payment from which such deduction is made, or shall be liable to repay the Commissioner for the Unemployment Compensation Fund a sum equal to the amount so received by him. Such sum shall be collectable in the manner provided by law for the collection of debts or any other method of collection specifically authorized by this chapter.
(b) For the purpose of collecting overpaid benefits when the individual who owes the payment resides or is employed outside the State of Georgia, the Commissioner may enter into an agreement with one or more private persons, companies, associations, or corporations providing debt collection services; provided, however, the Commissioner shall retain legal responsibility and authority for the collection of overpayments of bene fits and any debt collection agency shall function merely as an agent of the Commis sioner for this purpose. The agreement may provide, at the discretion of the Commissioner, the rate of payment and the manner in which compensation for services shall be paid. The Commissioner shall provide the necessary information for the contrac tor to fulfill its obligations under the agreement. Any funds recovered shall be trans mitted promptly to the Commissioner for deposit into the Unemployment Trust Fund.
(c) The Commissioner may waive the repayment of an overpayment of benefits if the
Commissioner determines such repayment to be inequitable. If any person receives such
overpayment because of false representations or willful failure to disclose a material fact by such individual, inequitability shall not be a consideration and the person shall be
required to repay the entire overpayment. 34-8-255. Any person who knowingly makes a false statement or misrepresentation as
to a material fact or who knowingly fails to disclose a material fact to obtain or increase
benefits under this chapter, either for himself or herself or for any other person, or who knowingly accepts benefits under this chapter to which such person is not entitled shall,
upon an appropriate finding by the Commissioner, cease to be eligible for such benefits and an overpayment of benefits shall be computed without the application of deductible
earnings as otherwise provided in Code Section 34-8-193. Further, such person shall for feit all unpaid benefits for any weeks of unemployment subsequent to the date of the
determination issued by the Commissioner covering said act or omission. The ineligibility shall include any unpaid benefits to which the person would otherwise be entitled
during the remainder of any incomplete calendar quarter in which said determination is made and the next four complete calendar quarters immediately following the date
of said determination; provided, however, such person shall be required to repay benefits
received for any week as specified in said determination. No determination may be made by the Commissioner more than four years after such occurrence, act, or omission. Any
THURSDAY, FEBRUARY 7, 1991
631
such determination by the Commissioner may be appealed in the same manner as pro vided for the appeal from an initial determination in Article 8 of this chapter. The pro visions of this Code section shall be in addition to, and not in lieu of, any provision contained in any of the other Code sections in this chapter.
34-8-256. (a) Any person who knowingly makes a false representation or knowingly fails to disclose a material fact to obtain or increase any benefit or payment under this chapter or under an employment insurance act of any other state or government, either for himself or herself or for any other person, whether such benefit or payment is actu ally received or not, shall upon conviction be guilty of a misdemeanor. Each such act shall constitute a separate offense. However, if a false representation or failure to dis close a material fact occurs with respect to more than one claim, which claim was made in more than one benefit year, or if the benefits received under this chapter which were the subject of a false representation or failure to disclose a material fact exceed $4,000.00, any such person shall upon conviction be guilty of a felony and shall be pun ished by imprisonment for not less than one nor more than five years or fined not less than $1,000.00 or shall be subject to both such fine and imprisonment.
(b) Any employing unit or any officer or agent of an employing unit or any other person who knowingly makes a false statement or representation or who knowingly fails to disclose a material fact in order to prevent or reduce the payment of benefits to any individual entitled thereto or to avoid becoming or remaining subject to this chapter or to avoid or reduce any contribution or other payment required from an employing unit under this chapter or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required under this chapter or to produce or permit the inspection or copying of records as required under this chapter shall upon conviction be guilty of a misdemeanor and shall be punished by imprisonment not to exceed one year or fined not more than $1,000.00 or shall be subject to both such fine and imprisonment. Each such act shall constitute a separate offense.
(c) Any person who establishes a fictitious employing unit for the purpose of enabl ing such person or another person to receive benefits under this chapter to which such person is not entitled shall upon conviction be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or fined not less than $1,000.00 or shall be subject to both such fine and imprisonment.
(d) Any person who removes, deposits, or conceals or aids in removing, depositing, or concealing any property upon which a levy is authorized under any Code section of this chapter with intent to evade or defeat the assessment collection of any debt may be fined not more than $5,000.00 or imprisoned for not more than three years or shall be subject to both such fine and imprisonment and shall be liable to the state for the costs of prosecution.
(e) Any person who willfully violates any provision of this chapter or any order, rule, or regulation under this chapter, the violation of which is made unlawful or the observ ance of which is required under the terms of this chapter and for which a penalty is neither prescribed in this chapter nor provided by any other applicable provision of this Code section, shall upon conviction be guilty of a misdemeanor; and each day such viola tion continues shall be deemed to be a separate offense."
Section 2. Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions of terms used with respect to setoff debt collection by the Department of Revenue, is amended by striking subparagraph (E) of paragraph (1) in its entirety and inserting in its place a new subparagraph (E) to read as follows:
"(E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-W9 34-8-254 and 34-8-160 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Section 34-8-123 Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted."
Section 3. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing,
632
JOURNAL OF THE HOUSE,
is amended by striking Code Section 50-5-72, relating to construction and public works contracts conducted by the Department of Administrative Services, and inserting in its place a new Code Section 50-5-72 to read as follows:
"50-5-72. Notwithstanding any other provision of this part or any other law dealing with the subject matter contained in this Code section to the contrary, all construction or public works contracts, exceeding a total expenditure of $500.00, of any department, board, bureau, commission, office, or agency of the state government, except as herein provided in this Code section, shall be conducted and negotiated by the Department of Administrative Services in accordance with this part. All advertising costs incurred in connection with such contracts shall be borne by and paid from the funds appropriated to and available to the department, board, bureau, commission, office, or agency of the state government for which the contract is negotiated. The commissioner of administra tive services is authorized and directed to promulgate such rules and regulations as shall carry out the additional duties and responsibilities placed upon the department by this Code section. Nothing contained in this Code section shall apply to nef or affect the Department of Transportation, the several public authorities of this state, including the Stone Mountain Memorial Association and the Board of Regents of the University Sys tem of Georgia, or the expenditure of money credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursu ant to Section 903 of the Social Security Act and appropriated as provided in Code Sec tion 34-8-102 34-8-85. No contract in existence on March 18, 1964, shall be affected by this Code section and such contract may continue to be utilized."
Section 4. This Act shall become effective on January 1, 1992.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken Alford Y Atkins Baker Balkcom YBarfoot Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefleld Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks
Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker
Coleman Colwell Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis,G Y Davis.M Y Dixon.H
Y Dixon,S N Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt Godbee
Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton
Y Hammond Manner
Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson
Irwin Jackson Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence
Lawson
YLee YLong YLord Y Lucas E Lupton YMann
Y Martin
Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston
Y Powell,A Y Powell.C Y Purcell
Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Y Simpson Sinkfield Skipper
Y Smith.L
Y Smith.P Y Smith.T Y Smith.W YSmyre YSnow
Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor
Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest N Twiggs
THURSDAY, FEBRUARY 7, 1991
633
Y Valenti Y Vaughan Y Walker,J
Y Walker.L Y Wall
Ware
Watson Y Watts Y White
Y Wilder Y Williams.B Y Williams.J
Y William9,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 144, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 186. By Representatives Dixon of the 151st and Twiggs of the 4th:
A bill to amend Code Section 17-4-20 of the Official Code of Georgia Anno tated, relating to authorization of arrests with and without warrants generally and use of deadly force, so as to provide that the provisions of said Code Section 17-4-20 shall not be construed to restrict the use of deadly force by peace officers of state or local law enforcement agencies when reasonably necessary to prevent escapes or apprehend escapees from state and county correctional institutions, jails, and other places of lawful confinement.
The following amendment was read and adopted:
The Committee on Special Judiciary moves to amend HB 186 by striking on lines 6 and 7 of page 1 the words "state or local law enforcement agencies" and inserting in lieu thereof the following:
"any agency in the state".
By striking on lines 23 and 24 of page 1 the words "state or local law enforcement agency" and inserting in lieu thereof the following:
"agency in the State of Georgia".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken Alford Y Atkins Baker Y Balkcom Y Barfoot Bargeron Y Barnett.B
Y Barnett.M Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Buckner YByrd
Y Campbell Canty
Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark,H Y Clark,L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon.H
Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Flynt YGodbee
Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston
Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y 01iver,M
YOrr Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
634
JOURNAL OF THE HOUSE,
Y Simpson Y Sinkfield
Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Smyre
Y Snow Stancil,F
Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor
Teper
Y Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L YWall
Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker assumed the Chair.
The following Resolution of the House, favorably reported by the Committee on Rules, was read:
HR 135. By Representatives Watts of the 41st, Connell of the 87th, Dover of the llth, Lee of the 72nd, Murphy of the 18th and others:
A resolution amending the Rules of the House of Representatives.
The following Committee substitute was read and adopted:
A RESOLUTION Amending the Rules of the House of Representatives; and for other purposes. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives are amended by striking Rule 27 and inserting in lieu thereof a new Rule 27 to read as follows: "Rule 27. The following shall be the order of business: (1) Call of the roll. (2) Scripture reading and prayer by the chaplain. (3) Pledge of Allegiance to the Flag of the United States of America. 43} (4) Report of the Committee on Journals. 44} (5) Confirmation of the journal. 46} (6) Unanimous consents. 46} (7) Introduction of bills and resolutions. 4?} (8) First and second readings and reference of House bills and resolutions. 48} (9) Report of standing committees. 49} (10) Third reading and passage of uncontested local bills and resolutions. 4K (11) First and second readings and reference of Senate bills and resolutions. 4H} (12) Unfinished business of previous session. 412} (13) Orders of the day. 413} (14) Senate amendments to House bills and resolutions and reports of conference
committees.
THURSDAY, FEBRUARY 7, 1991
635
{14} (15) Motions to reconsider. {16} (16) Points of personal privilege. {16} (17) Bills and resolutions for third reading."
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom
Y Barfoot Bargeron
Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell
Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark.L Y Coker
Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings.B Y Cummings.M
Y Davis.G Davis,M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Y Green Greene
Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas E Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow
Stancil,F Y Stancil.S
Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Yeargin Murphy.Spkr
On the adoption of the Resolution, by substitute, the ayes were 161, nays 0. The Resolution, by substitute, was adopted.
Representative Dunn of the 73rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll calls. She wished to be recorded as voting "aye" on HB 129, HB 240, HB 422 and HR 105.
Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll calls. He wished to be recorded as voting "aye" on HB 251, HB 288, HB 323, HR 80, HR 99 and HR 100.
The following Resolutions of the House were read and adopted:
HR 237. By Representative White of the 132nd:
A resolution welcoming the Cushing-South Regional Association to Atlanta and to the State of Georgia.
636
JOURNAL OF THE HOUSE,
HR 238. By Representatives Vaughan of the 20th, Aiken of the 21st, Coker of the 21st, Clark of the 20th (Post 4), Atkins of the 21st and others:
A resolution honoring and saluting the United States military personnel from Cobb County serving in Operation Desert Storm.
HR 239. By Representative Atkins of the 21st:
A resolution commending the students of the Mercer University Southern School of Pharmacy.
HR 240. By Representative Beatty of the 12th: A resolution commending Colonel Lee Ellis.
HR 241. By Representative Barnett of the 10th: A resolution commending Otwell Middle School.
HR 242. By Representatives Merritt of the 123rd, Pelote of the 127th and Dixon of the 128th:
A resolution recognizing and commending the St. James A.M.E. Church.
HR 243. By Representatives Orr of the 9th, Lawson of the 9th and Jackson of the 9th:
A resolution expressing support for the men and women of Dawson County serving in Operation desert Storm and their families.
HR 244. By Representatives Orr of the 9th, Lawson of the 9th and Jackson of the 9th:
A resolution expressing support for the men and women of Hall County serving in Operation Desert Storm and their families.
HR 245. By Representative Lee of the 72nd: A resolution commending Gilbert G. Dulaney.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 246. By Representatives Lord of the 107th and Coker of the 21st:
A resolution commending General Hansford T. Johnson and inviting him to appear before the House of Representatives.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 227. By Representatives Coleman of the 118th, Colwell of the 4th, Poston of the 2nd, Ricketson of the 82nd and Twiggs of the 4th:
A resolution commending Dr. Sophia Boyd Bamford as the 1990 Georgia Mother of the Year and inviting her to appear before the House of Represen tatives.
THURSDAY, FEBRUARY 7, 1991
637
Representative Reaves of the 147th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 292 Do Pass, by Substitute HB 438 Do Pass, by Substitute
HB 446 Do Pass HB 175 Do Pass, by Substitute
Respectfully submitted, /s/ Reaves of the 147th
Chairman
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 224 Do Pass, by Substitute HB 293 Do Pass, by Substitute HB 350 Do Pass
HB 351 Do Pass HB 439 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 114th
Chairman
Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 314 Do Pass, by Substitute
Respectfully submitted, /si Ware of the 77th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 547 Do Pass
638
JOURNAL OF THE HOUSE,
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 480 Do Pass, as Amended HB 537 Do Pass
HB 491 Do Not Pass HB 324 Do Pass
Respectfully submitted, /s/ Randall of the 101st
Chairman
Representative Benefield of the 72nd District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolu tion of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 15 Do Pass
Respectfully submitted, /s/ Benefield of the 72nd
Chairman
Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 257 Do Pass, by Substitute HB 93 Do Pass, by Substitute HB 233 Do Pass
HB 198 Do Pass SB 103 Do Pass, by Substitute
Respectfully submitted, /s/ Dover of the llth
Chairman
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
FRIDAY, FEBRUARY 8, 1991
639
Representative Hall, Atlanta, Georgia Friday, February 8, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to to their names:
Adams Aiken Alford Atkins Baker Balkcom Barfoot Barnett.B Bates Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove Brooks
Brown Brush Buck Byrd Campbell
Canty CCaarrrteelrl
Chafin
Chambless
Cheeks
Childers
Clark.E
Clark.H Coker Coleman Colwell Connell Cummings,B Cummings.M Davis.M Dison.H Dixon,S Dobbs Dover Dunn Edwards Felton Floyd,J.M Floyd,J.W Flynt
Godbee Golden Goodwin Green Griffin
Groover HHaammmiltoonnd
Hanner
Harris.B
Harris,J
Heard
Henson
Herbert Hightower Holland Howard Hudson Irwin Jackson Jenkins Jones Kilgore King Kingston Klein Ladd Lane.D Langford Lawson Lee
Long Mann McCoy McKelvey McKinney,B
McKmney.C MMeeardriotwt s
Milam
Mills
Mobley
Moody
Morsberger
Moultrie Mueller Orr Padgett Parham Parrish Patten Pelote Perry Pettit Poag Porter Poston Powell.A Powell.C Purcell Randall Ray
Reaves Ricketson Royal Selman Sherrill
Simoson binnikrffiie,wld
Skipper
Sm.th.L
Smith.P
Smith,T
Smith,W
Snow Stancil.F Stancil,S Stephens Street Taylor Teper Thomas.C Thomas,M Thomas.N Thurmond Titus Tolbert Townsend Turnquest Twiggs Valenti Vaughan
Walker.J Walker.L Wall Ware Watson
Watts WWiildHe.rr
Wi iams,B
W.lhams,J
Williams,R
Yeargin
Murphy.Spkr
Prayer was offered by the Reverend Robert C. Brown, Pastor, Concord United Meth odist Church, Carrollton, Georgia.
The members pledged allegiance to the flag.
Representative Tom Lawrence excused absence, 2/8/91 in order to attend Administra tion Seminar on Reapportionment in Washington, D.C.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
640
JOURNAL OF THE HOUSE,
3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 619. By Representative Ray of the 98th:
A bill to amend an Act providing a new charter for the City of Fort Valley, so as to change the time for holding municipal elections; to change the quali fications for office of mayor or alderman.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 622. By Representatives Fennel of the 155th and Smith of the 156th:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special county 1 percent sales and use tax, so as to add beach renourishment to the list of those purposes for which the tax may be imposed.
Referred to the Committee on Ways & Means.
HB 623. By Representative Dover of the llth:
A bill to amend Article 6 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to local income tax, so as to delete certain requirements with respect to the number of electors who must cast a ballot in the election calling for the imposition of such tax; to delete certain provi sions prohibiting the imposition of such tax where a local sales and use tax is in effect.
Referred to the Committee on Ways & Means.
HB 624. By Representative Dover of the llth:
A bill to amend Code Section 48-13-5 of the Official Code of Georgia Anno tated, relating to the levy of license, occupation, or professional tax by coun ties and municipalities only at a practitioner's principal office, so as to increase the maximum amount which may be levied.
Referred to the Committee on Ways & Means.
HB 625. By Representatives Hamilton of the 124th, Kilgore of the 42nd, Thurmond of the 67th and Barnett of the 59th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employ ment under the "Quality Basic Education Act," so as to require certain state officials, local officials, officers of the House and Senate Education Commit tees, and certain employees of the University System of Georgia to serve as substitute teachers.
Referred to the Committee on Education.
FRIDAY, FEBRUARY 8, 1991
641
HB 626. By Representatives Redding of the 50th, Baker of the 51st, Alford of the 57th, Atkins of the 21st, McKinney of the 35th and others:
A bill to amend Code Section 36-1-20 of the Official Code of Georgia Anno tated, relating to ordinances for governing and policing unincorporated areas of the county, so as to increase the maximum fine from $500.00 to $1,000.00.
Referred to the Committee on State Planning & Community Affairs.
HB 627. By Representatives Dixon of the 128th, Kingston of the 125th, Hamilton of the 124th and Godbee of the 110th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxes, so as to change the definition of the term "aircraft"; to allow an exemption for modifications of aircraft significantly changing the capability of the aircraft.
Referred to the Committee on Ways & Means.
HB 628. By Representatives Dobbs of the 74th, Lee of the 72nd, Barnett of the 10th and Birdsong of the 104th:
A bill to amend Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to change a certain definition; to provide for a lien for suppliers of rental tools, appliances, machinery, and equipment used to improve real estate.
Referred to the Committee on Judiciary.
HB 629. By Representative Birdsong of the 104th:
A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding specific, business, and occupation taxes, so as to authorize the governing authority of any county whose geographical boundary is conterminous with that of a special district to grant franchises or licenses to or make contracts with public utili ties.
Referred to the Committee on Ways & Means.
HB 630. By Representative Smith of the 78th:
A bill to amend Code Section 44-9-40 of the Official Code of Georgia Anno tated, relating to the authority of the superior courts to grant private ways, so as to change the maximum width which may be granted for such ways.
Referred to the Committee on Judiciary.
HB 631. By Representatives Twiggs of the 4th, Jenkins of the 80th, Mobley of the 64th and Colwell of the 4th:
A bill to amend Code Section 35-8-9 of the Official Code of Georgia Anno tated, relating to completion of the basic training course required under the "Georgia Peace Officer Standards and Training Act," so as to change the time within which a candidate is required to complete the basic training course after his appointment as a peace officer.
Referred to the Committee on Public Safety.
642
JOURNAL OF THE HOUSE,
HB 632. By Representative Holland of the 136th:
A bill to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions, so as to continue in effect the exemption from taxation of certain tangible personal property, commonly known as the constitutional freeport tax exemption.
Referred to the Committee on Ways & Means.
HB 633. By Representatives Oliver of the 121st, Watts of the 41st and Cummings of the 17th:
A bill to amend Code Section 47-4-103 of the Official Code of Georgia Anno tated, relating to disability retirement under the Public School Employees Retirement System, so as to reduce the number of years of creditable service required for disability retirement.
Referred to the Committee on Retirement.
HB 634. By Representatives Cummings of the 17th, Baker of the 51st, Irwin of the 57th and Clark of the 13th:
A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Georgia Firemen's Pension Fund, so as to provide that certain members may under certain circumstances obtain credit for certain service rendered as a fireman or volunteer fireman.
Referred to the Committee on Retirement.
HB 635. By Representatives Cummings of the 17th, Baker of the 51st, Clark of the 13th and Irwin of the 57th:
A bill to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Georgia Firemen's Pen sion Fund, so as to provide that if any member who elects reduced retire ment benefits payable to the member's surviving spouse divorces or is predeceased by such spouse, then the member's retirement benefit will increase to the level it would have been if he had not exercised such option.
Referred to the Committee on Retirement.
HB 636. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions regarding labor organiza tions and labor relations, so as to provide that any report issued by a factfinder more than 180 days from the date such factfinder is appointed which contains recommendations relating to the issue of wages which are accepted by both parties shall apply retroactively from 180 days after the date of the factfinder's appointment.
Referred to the Committee on Industrial Relations.
By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the com mittees:
FRIDAY, FEBRUARY 8, 1991
643
HB 637. By Representatives Cummings of the 17th and Floyd of the 135th:
A bill to amend Code Section 47-1-2 of the Official Code of Georgia Anno tated, relating to the pooling of funds by retirement systems for investment purposes, so as to change a provision relating to the determination of state retirement systems.
Referred to the Committee on Retirement.
HB 638. By Representatives Branch of the 137th, Watson of the 114th, Pettit of the 19th, Hamilton of the 124th, Dixon of the 128th and others:
A bill to amend Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, the "Revenue Bond Law," so as to change the definition of the term "undertaking" to permit municipal and county governing bodies to utilize revenue bonds for the acquisition, construction, maintenance and operation, and other matters related to a community antenna television sys tem.
Referred to the Committee on Industry.
HB 656. By Representative Cummings of the 17th:
A bill to amend Code Section 47-3-83 of the Official Code of Georgia Anno tated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to provide for a continuation of employer contributions for members required to perform ordered military duty.
Referred to the Committee on Retirement.
HR 248. By Representatives Dixon of the 128th, Branch of the 137th, Ray of the 98th, Heard of the 43rd, Thomas of the 55th and others:
A resolution creating the Joint Study Committee on Gasoline Marketing.
Referred to the Committee on Industry.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 603 HB 604 HB 605 HB 606
m no foiunos HHBB 660190 HB 611 HB 612 HB 613 HB 614
HB 615 HB 616 HB 617 HB 618
HTTBD 6co2t TM K TM59 SB 73 SB 74 SB 81 SR 133
Representative Holmes of the 28th District, Chairman of the Committee on Govern mental Affairs, submitted the following report:
Mr. Speaker:
644
JOURNAL OF THE HOUSE,
Your Committee on Governmental Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 14 Do Pass HB 100 Do Pass HB 205 Do Pass HB 207 Do Pass HB 532 Do Pass HR 209 Do Pass
HR 38 Do Pass
SB 18 Do Pass SB 62 Do Pass HB 235 Do Pass, as Amended HB 255 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 28th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 66 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 583 Do Pass HB 585 Do Pass
HB 587 Do Pass HB 592 Do Pass
HB 593 Do Pass HB 595 Do Pass
HB 597 Do Pass HB 599 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 283 Do Pass, by Substitute
FRIDAY, FEBRUARY 8, 1991
645
Respectfully submitted, /s/ Dover of the llth
Chairman
By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:
HB 583. By Representative Smith of the 78th:
A bill to amend an Act creating the Board of Commissioners of Butts County, so as to revise and change certain provisions requiring quarterly publication of an itemized statement of receipts and disbursements.
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Adams
YAiken Alford
Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Canty
Y Carrell Carter
Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Clark,L Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth
Cummings,B Cummings.M Davis.G Y Davis,M Y Dixon.H Dixon,S YDobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden
YGoodwin Green
E Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Banner
Harris,B
Y Harris,J Y Heard
Henson
Y Herbert Y Hightower
Y Holland Holmes
Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Jones
Y Kilgore
YKing Kingston
Y Klein YLadd Y Lane,D
Lane.R Y Langford E Lawrence Y Lawson
YLee YLong YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney,B
Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock
Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pettit
Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell,C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketoon Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper
Thomas,C Thomas.M Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Ware Y Watson
Y Watts White
Y Wilder Y Williams,B Y WilliamsJ
Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 585. By Representative Smith of the 78th:
A bill to amend an act abolishing the present method of compensating the clerk of the Superior Court of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the compensation for said officer.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
646
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 145, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 587. By Representative Smith of the 78th:
A bill to amend an Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the compensation of the tax commissioner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 592. By Representatives Flynt of the 75th and Herbert of the 76th:
A bill to amend an Act creating the Griffin-Spalding County School System and the Griffin-Spalding County Board of Education, so as to change the compensation of the members of the Griffin-Spalding County Board of Edu cation.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 593. By Representatives Flynt of the 75th and Adams of the 79th:
A bill to amend an Act providing a homestead exemption from Pike County School District ad valorem taxation for certain residents who are age 62 or over, so as to increase the amount of the exemption; to increase the amount of the maximum gross annual income for eligibility.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 595. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to provide a method of compensating the members of the Board of Education of Hall County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
FRIDAY, FEBRUARY 8, 1991
647
HB 597. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, define their duties, and for other purposes.", so as to change the compensation of the chairman and the other members of the board of commissioners of Screven County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 599. By Representatives Wilder of the 21st, Clark of the 20th, Post 3, Vaughan of the 20th, Klein of the 21st, Atkins of the 21st and others:
A bill to create the Cobb County Private Sector Survey Committee on Cost Control in County Government.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 71. By Senators Newbill of the 56th, Foster of the 50th and Collins of the 17th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Anno tated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools and school systems which exceed expectations and exempt them from evaluation for certain functions.
SB 127. By Senator Dawkins of the 45th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of superior court judges for each judicial circuit, so as to provide for an additional judge of the Rockdale Judicial Circuit; to provide for the initial appointment and subsequent election of said judge and his successors; to provide for related matters; to provide an effective date.
SB 153. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 47-2-244 of the Official Code of Georgia Anno tated, relating to retirement benefits available to appellate court judges; age, service, and contribution requirements; disability benefits; and survivors' benefits, so as to provide an exception to the provision that an appellate court judge who serves beyond a certain age shall forfeit certain benefits and contributions; to provide an effective date.
648
JOURNAL OF THE HOUSE,
SB 162. By Senators Garner of the 30th and Turner of the 8th:
A bill to amend Code Section 7-1-840 of the Official Code of Georgia Anno tated, relating to the institution of criminal prosecutions against financial institutions and the providing of information to financial institutions consid ering employment of a suspected person, so as to provide that if any board of directors, director, or officer of any financial institution is required by cer tain bank supervisory agencies to provide certain information regarding the appearance or suspicion of criminal activity involving any director, officer, agent, employee, or customer of such financial institution, such board of directors, director, or officer shall not incur any civil liability for providing such information; to provide an exception.
SB 163. By Senator Burton of the 5th:
A bill to amend Code Section 43-17-5 of the Official Code of Georgia Anno tated, relating to registration of charitable organizations, so as to change the provisions relating to the financial statements of a charitable organization which are required to be filed with the Secretary of State.
SB 167. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 5 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the financing of projects for units that are a part of the university system and known as the "Georgia Education Author ity (University) Act," so as to change certain definitions; to change the mem bership of the Georgia Education Authority (University); to provide for related matters; to provide an effective date.
SB 169. By Senator Egan of the 40th:
A bill to amend Code Section 36-37-6.1 of the Official Code of Georgia Anno tated, relating to the sale, exchange, lease, or grant of an easement over cer tain property by certain municipalities, so as to provide that such municipalities are authorized to enter into certain contracts relating to such property; to provide an effective date.
SB 175. By Senators Robinson of the 16th, Johnson of the 47th, Walker of the 43rd and others:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, so as to change certain provisions relating to authorized investments for bond pro ceeds; to provide an effective date.
SB 177. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to pro vide that as a condition of probation, certain probationers may be required to complete satisfactorily a program of incarceration or confinement in a "special alternative incarceration--probation boot camp" unit of the Depart ment of Corrections for a period of 90 days from the time of initial confine ment in the unit.
FRIDAY, FEBRUARY 8, 1991
649
HB 32. By Representatives Parham of the 105th, Barnett of the 10th, Harris of the 84th and Bostick of the 138th:
A bill to amend Article 28 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Motor Vehicle Warranty Rights Act," so as to pro vide that all persons who paid or should have paid the fee provided for under said Act shall receive the protections provided for under said "Motor Vehicle Warranty Rights Act".
HB 47. By Representative Pinkston of the 100th:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Anno tated, relating to the provision for payment of delinquency charges, attor neys' fees, court costs, and check dishonor fees under "The Retail Installment and Home Solicitation Sales Act," so as to change the minimum amount of check dishonor fee; to amend Code Section 13-6-15 of the Official Code of Georgia Annotated, relating to damages for writing bad checks, so as to change the amount of the service charge.
HB 168. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the O.C.G.A.
HB 170. By Representative Murphy of the 18th:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Anno tated, relating to fixing of sentences, suspension or probation of sentences, and changes in sentences, so as to provide that a sentencing court shall retain jurisdiction to shorten a period of probation.
SB 207. By Senator Edge of the 28th:
A bill to amend an Act which provides a homestead exemption for each resi dent of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income so as to pro vide that such disabled persons will have to substantiate their eligibility for the exemption on a yearly basis.
SB 214. By Senators Albert of the 23rd and Clay of the 37th:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to make additional provisions to allow said Commission to qualify for tax-exempt treatment under the United States Internal Revenue Code; to change the date upon which said Commission will be abolished.
SB 221. By Senator Olmstead of the 26th:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", as amended, so as to change certain provisions relating to employer contributions; to provide an effective date.
650
JOURNAL OF THE HOUSE,
HB 395. By Representative Royal of the 144th:
A bill to provide that, within the limits specified by general law, the Board of Commissioners of Mitchell County may, by resolution, change from time to time the number of members of the Mitchell County Hospital Authority, their terms of office, the manner of appointment, the method of filling vacancies, and all other matters relative to the membership of said authority.
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:
SR 90. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; to provide an effective date.
SR 94. By Senator Echols of the 6th:
A resolution authorizing the granting of a nonexclusive easement for con struction, operation, and maintenance of a thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Wayne County, Georgia; to provide an effective date.
SR 96. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd:
A resolution authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; to provide an effective date.
HR 16. By Representative Lane of the 27th:
A resolution proposing an amendment to the Constitution so as to require that when local Acts of the General Assembly repeal constitutional amend ments applicable to particular political subdivisions, each such local Act shall be conditioned for its effectiveness on approval by a majority of the qualified voters voting thereon in the particular political subdivision or subdivisions affected by the amendment.
HR 233. By Representatives Twiggs of the 4th, Colwell of the 4th and Dover of the llth:
A resolution recognizing the Georgia Mountain Fair, Inc., "Ole Time Fiddlers Convention" as the official state fiddlers convention.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 32. By Senators Newbill of the 56th, Foster of the 50th, Collins of the 17th and others:
A bill to amend Code Section 20-2-154 of the Official Code of Georgia Anno tated, relating to remedial education programs, so as to change the eligibility requirements for such programs.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
FRIDAY, FEBRUARY 8, 1991
651
SB 32. By Senators Newbill of the 56th, Foster of the 50th, Collins of the 17th and others:
A bill to amend Code Section 20-2-154 of the Official Code of Georgia Anno tated, relating to remedial education programs, so as to change the eligibility requirements for such programs.
Referred to the Committee on Education.
SB 71. By Senators Newbill of the 56th, Foster of the 50th and Collins of the 17th:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Anno tated, relating to comprehensive evaluations of schools and systems, so as to change the functions to be evaluated; to provide for the designation of schools and school systems which exceed expectations and exempt them from evaluation for certain functions.
Referred to the Committee on Education.
SB 127. By Senator Dawkins of the 45th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of superior court judges for each judicial circuit, so as to provide for an additional judge of the Rockdale Judicial Circuit; to provide for the initial appointment and subsequent election of said judge and his successors; to provide for related matters; to provide an effective date.
Referred to the Committee on Judiciary.
SB 153. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 47-2-244 of the Official Code of Georgia Anno tated, relating to retirement benefits available to appellate court judges; age, service, and contribution requirements; disability benefits; and survivors' benefits, so as to provide an exception to the provision that an appellate court judge who serves beyond a certain age shall forfeit certain benefits and contributions; to provide an effective date.
Referred to the Committee on Judiciary.
SB 162. By Senators Garner of the 30th and Turner of the 8th:
A bill to amend Code Section 7-1-840 of the Official Code of Georgia Anno tated, relating to the institution of criminal prosecutions against financial institutions and the providing of information to financial institutions consid ering employment of a suspected person, so as to provide that if any board of directors, director, or officer of any financial institution is required by cer tain bank supervisory agencies to provide certain information regarding the appearance or suspicion of criminal activity involving any director, officer, agent, employee, or customer of such financial institution, such board of directors, director, or officer shall not incur any civil liability for providing such information; to provide an exception.
Referred to the Committee on Banks & Banking.
SB 163. By Senator Burton of the 5th:
A bill to amend Code Section 43-17-5 of the Official Code of Georgia Anno tated, relating to registration of charitable organizations, so as to change the provisions relating to the financial statements of a charitable organization which are required to be filed with the Secretary of State.
Referred to the Committee on State Planning & Community Affairs.
652
JOURNAL OP THE HOUSE,
SB 167. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 5 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the financing of projects for units that are a part of the university system and known as the "Georgia Education Author ity (University) Act," so as to change certain definitions; to change the mem bership of the Georgia Education Authority (University); to provide for related matters; to provide an effective date.
Referred to the Committee on University System of Georgia.
SB 169. By Senator Egan of the 40th:
A bill to amend Code Section 36-37-6.1 of the Official Code of Georgia Anno tated, relating to the sale, exchange, lease, or grant of an easement over cer tain property by certain municipalities, so as to provide that such municipalities are authorized to enter into certain contracts relating to such property; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.
SB 175. By Senators Robinson of the 16th, Johnson of the 47th, Walker of the 43rd and others:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, so as to change certain provisions relating to authorized investments for bond pro ceeds; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.
SB 177. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to pro vide that as a condition of probation, certain probationers may be required to complete satisfactorily a program of incarceration or confinement in a "special alternative incarceration--probation boot camp" unit of the Depart ment of Corrections for a period of 90 days from the time of initial confine ment in the unit.
Referred to the Committee on State Institutions & Property.
SB 207. By Senator Edge of the 28th:
A bill to amend an Act which provides a homestead exemption for each resi dent of Spalding County who is totally disabled or 62 years of age or older and who has less than $12,500.00 per year of specified income so as to pro vide that such disabled persons will have to substantiate their eligibility for the exemption on a yearly basis.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 214. By Senators Albert of the 23rd and Clay of the 37th:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to make additional provisions to allow said Commission to qualify for tax-exempt treatment under the United States Internal Revenue Code; to change the date upon which said Commission will be abolished.
Referred to the Committee on State Planning & Community Affairs - Local.
FRIDAY, FEBRUARY 8, 1991
653
SB 221. By Senator Olmstead of the 26th:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", as amended, so as to change certain provisions relating to employer contributions; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 90. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 94. By Senator Echols of the 6th:
A resolution authorizing the granting of a nonexclusive easement for con struction, operation, and maintenance of a thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Wayne County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 96. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd:
A resolution authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.
Representative Jackson of the 9th moved that the House reconsider its action in giv ing the requisite constitutional majority to the following Bill of the House:
HB 129. By Representatives Dobbs of the 74th, Lane of the lllth, Byrd of the 153rd, Bates of the 141st and Barfoot of the 120th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs.
On the motion, the roll call was ordered and the vote was as follows:
YAbernathy
Adams YAiken YAlford Y Atkins Y Baker YBalkcom Y Barfoot
Bgrgeron Barnett.B Y Barnett.M Y Bates Y Beatty YBenefleld YBirdsong YBlitch Y Bordeaux
YBostick Y Branch
Y Breedlove
Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrel!
Carter Y Chafm Y Chambless Y Cheeks Y Childers YClark,E Y Clark,H
Clark.L Y Coker
Y Coleman
Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.G Y Davis,M Y Dixon.H Diion.S Y Dobbs Y Dover Dunn Edwards Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W
Y Flynt
Godbee Y Golden Y Goodwin
Green E Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard
Henson Y Herbert Y Hightower
Y Holland Y Holmes
Y Howard
Y Hudson Y Irwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D
Lane.R Y Langford E Lawrence Y Lawson
Y Lee Y Long
654
JOURNAL OF THE HOUSE,
YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett YParham YParrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston
Y Powell,A Y Powell,C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketson
Royal YSelman
Y Shemll Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith.T
On the motion, the ayes were 152, nays 0. The motion prevailed.
Y Smith.W
Smyre YSnow Y Stancil,F
Y Stancil,S Stanley
Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams,B Y Williams,J Y Williams.R Y Yeargin
Murphy,Spkr
Under the general order of business, the following Bill of the House was again taken up for consideration:
HB 129. By Representatives Dobbs of the 74th, Lane of the lllth, Byrd of the 153rd, Bates of the 141st and Barfoot of the 120th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs.
The following Committee substitute was read:
A BILL
To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, so as to provide for a period of detention for a person charged with driving under the influence of alcohol or drugs; to provide for all related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures in connection therewith, is amended by striking subsection (b) of said Code section in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) All offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. At no time, either before a court of inquiry, when indicted, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail.
(2) Except as otherwise provided in this chapter, an intoxicated person charged with violating Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, may be detained for a period of time of not less than four hours nor more than 12 hours after booking and prior to being released on bail or on recognizance."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Jackson of the 9th, Groover of the 99th and Dobbs of the 74th move to amend the Committee substitute to HB 129 as follows:
FRIDAY, FEBRUARY 8, 1991
655
Strike: "an intoxicated person" on line 23 page 1 and insert in lieu thereof "a person".
Insert on line 24 page 1 after "40-6-391" the following:
"Whose alcohol concentration at the time of arrest, as determined by any method authorized by law, violates that provided in OCGA 40-6-391(4)".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
N Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Carter YChafin Y Chambless
Y Cheeks Y Childers
Y Clark,E Y Clark,H
Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S YDobbs
Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
YGodbee Y Golden Y Goodwin Y Green
Greene Y Griffin
Y Groover Y Hamilton
Y Hammond Banner
Y Harris,B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein Y Ladd Y Lane.D
Lane.R Y Langford
Lawrence Y Lawson YLee
YLong YLord Y Lucas E Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney,B N McKinney.C Y Meadows
Merritt
Milam
Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell,C Y Purcell YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith,L
Y Smith,P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil,F Y Stancil,S
Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest YTwiggs
Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watte
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy tSpkr
On the passage of the Bill, by substitute, as amended, the ayes were 154, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 62 Do Pass, by Substitute
656
JOURNAL OF THE HOUSE,
Respectfully submitted, /s/ Dixon of the 151st
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 228 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 508. By Representatives Chambless of the 133rd, Childers of the 15th, Valenti of the 52nd, Carrell of the 65th and others:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning, so as to change definitions and exemptions.
The following Committee substitute was read:
A BILL
To amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, so as to change definitions and exemptions; to provide for other exemptions; to change provisions relating to fines; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning, is amended by striking paragraph (1) of Code Section 31-6-2, relating to definitions, and inserting in its place a new paragraph to read as follows:
"(1) 'Ambulatory surgical or obstetrical facility' means a public or private facility, not a part of a hospital, which provides surgical or obstetrical treatment performed under general or regional anesthesia in an operating room environment to patients not requiring hospitalization. Seek term dees net meted* the offices ef private physicians er dentists, whether fer individual er greap practice."
Section 2. Said chapter is further amended by striking paragraph (5) of Code Section 31-6-2, relating to definitions, and inserting in its place a new paragraph to read as follows:
"(5) 'Clinical health services' means diagnostic, treatment, or rehabilitative services provided in a health care facility, or parts of the physical plant where such services are located in a health care facility, and includes, but is not limited to, the following: radiol ogy and diagnostic imaging, such as magnetic resonance imaging and positron emission tomography; radiation therapy; biliary lithotripsy; surgery; intensive care; coronary care; pediatrics; gynecology; obstetrics; general medical care; medical/surgical care; inpatient nursing care, whether intermediate, skilled, or extended care; cardiac catheterization;
FRIDAY, FEBRUARY 8, 1991
657
open-heart surgery; inpatient rehabilitation; and alcohol, drug abuse, and mental health services."
Section 3. Said chapter is further amended by striking paragraph (7) of Code Section 31-6-2, relating to definitions, and inserting in its place new paragraphs to read as follows:
"(7) 'Develop,' with reference to a project, means: (A) Constructing, remodeling, installing, or proceeding with a project, or any part
of a project, or a capital expenditure project, the cost estimate for which exceeds $600.000.00 $900,000.00; or
(B) The expenditure or commitment of funds exceeding $400,000.00 $500.000.00 for orders, purchases, leases, or acquisitions through other comparable arrangements of major medical equipment. Notwithstanding subparagraphs (A) and (B) of this paragraph, the expenditure or com mitment or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications, or working drawings; or to acquire, develop, or prepare sites shall not be considered to be the developing of a project. (7.1) 'Diagnostic, treatment, or rehabilitation center' means any professional or busi ness undertaking, whether for profit or not for profit, which offers or proposes to offer any clinical health service in a setting which is not part of a hospital."
Section 4. Said chapter is further amended by striking paragraph (8) of Code Section 31-6-2, relating to definitions, and inserting in its place a new paragraph to read as follows:
"(8) 'Health care facility' means hospitals; other special care units, including but not limited to podiatric facilities; and skilled nursing facilities; intermediate care facilities; personal care homes net k existence ea July IT 1083; ambulatory surgical or obstetrical facilities; health maintenance organizations; home health agencies; diagnostic, treatment, or rehabilitation centers, but only to the extent that subparagraph (G) or (H), or both subparagraphs (G) and (H), of paragraph (14) of this Code section are applicable thereto; and facilities which are devoted to the provision of treatment and rehabilitative care for periods continuing for 24 hours or longer for persons who have traumatic brain injury, as defined in Code Section 37-3-1."
Section 5. Said chapter is further amended by striking paragraph (14) of Code Sec tion 31-6-2, relating to definitions, and inserting in its place a new paragraph to read as follows:
"(14) 'New institutional health service' means: (A) The construction, development, or other establishment of a new health care
facility; (B) Any expenditure by or on behalf of a health care facility in excess of
$600,000.00 $900,000.00 which, under generally accepted accounting principles consist ently applied, is a capital expenditure, except expenditures for acquisition of an exist ing health care facility not owned or operated by or on behalf of a political subdivision of this state, or any combination of such political subdivisions, or by or on behalf of a hospital authority, as defined in Article 4 of Chapter 7 of this title or certificate of need owned by such facility in connection with its acquisition;
(C) Any increase in the bed capacity of a health care facility except as provided in Code Section 31-6-47;
(D) Clinical health services which are offered in or through a health care facility, which were not offered on a regular basis in or through such health care facility within the 24 12 month period prior to the time such services would be offered;
(E) Any conversion or upgrading of a facility such that it is converted from a type of facility not covered by this chapter to any of the types of health care facilities which are covered by this chapter; er
(F) The purchase or lease by or on behalf of a health care facility of diagnostic or therapeutic equipment with a value in excess of $400,000.00 $500,000.00. The acqui sition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one projectv;
658
JOURNAL OF THE HOUSE,
(G) Clinical health services which are offered in or through a diagnostic, treatment, or rehabilitation center which were not offered on a regular basis in or through that center within the 12 month period prior to the time such services would be offered, but only if the clinical health services are any of the following:
(i) Radiation therapy; (ii) Biliary lithotripsy; (iii) Surgery in an operating room environment, including but not limited to ambulatory surgery: and (iv) Cardiac catheterization; or (H) The purchase, lease, or other use by or on behalf of a diagnostic, treatment, or rehabilitation center of diagnostic or therapeutic equipment with a value in excess of $500,000.00. The acquisition of one or more items of functionally related diagnostic or therapeutic equipment shall be considered as one project. The dollar amounts specified in subparagraphs (B)t and (F)2 and (H) of this paragraph and of paragraph (7) of this Code section shall be adjusted annually by an amount cal culated by multiplying such dollar amounts (as adjusted for the preceding year) by the annual fate percentage of change in the composite construction index, or its successor or appropriate replacement index, if any, published by the Bureau of the Census of the Department of Commerce of the United States government for the preceding calendar year, commencing on My &-, 1088 July lj 1991, and on each anniversary thereafter of publication of the index. The planning agency shall immediately institute rule-making procedures to adopt such adjusted dollar amounts. In calculating the dollar amounts of a proposed project for purposes of subparagraphs (B) ad z (F)2 and (H) of this para graph and of paragraph (7) of this Code section, the costs of all items subject to review by this chapter and items not subject to review by this chapter associated with and simultaneously developed or proposed with the project shall be counted, except for the expenditure or commitment of or incurring an obligation for the expenditure of funds to develop certificate of need applications, studies, reports, schematics, preliminary plans and specifications or working drawings, or to acquire sites. 6 the event that the HMHHHa deHar thresholds ef $600,000.00 ad $400,000.00 for review ef capital expenditures er fisajer medical equipment, respectively, a*e changed by federal enactment abeve er betew th levels contained i subparagraphs (B) asd (f) of this paragraph and- ef- paragraph 7) ef this Code section, then the planning agency shall immediately institute rulcmafemg procedures te attept 9eh thresholds. The planning agency rales witt provide that the new thresholds wiH at least be applicable te aH applications submitted after the effective date ef the flew planning agency jfe ft is the intention ef the General Assem-
"Oiy vllftt tftC HI11111HUBft t/ilF&SIIOlQ8 lor CCl"tlIICStC Or RCCCt FCV1CW Or Cftplvdi GXpCRQ1tUTMG9
and major medical equipment i subparagraphs 4B> and {F4 ef this paragraph and ef
\ i ) Or 11119 tTOCre SCCt-lOll 9nftlx DC
contained i such federal legislation.
Section 5.1. Said chapter is further amended by adding after paragraph (16) of Code Section 31-6-2, relating to definitions, a new paragraph to read as follows:
"(16.1) 'Operating room environment* means an environment which meets the mini mum physical plant and operational standards specified for ambulatory surgical treat ment centers in Section 290-5-33-.10 of the rules of the Department of Human Resources."
Section 6. Said chapter is further amended by striking Code Section 31-6-40, requir ing a certificate of need for offering health care, and inserting in its place a new Code sec tion to read as follows:
"31-6-40. (a) From and after Jly i; 4979 the date this Code section most recently becomes effective, only such new institutional health services or health care facilities as are found by the planning agency to be needed shall be offered in the state. Prior to that date, only such new institutional health services or health care facilities which had been found to be needed by the planning agency under th immediately any prior provi sions of this chapter and the regulations issued thereunder shall have been offered in the state, unless otherwise exempt from the requirements of the law or unless that law
FRIDAY, FEBRUARY 8, 1991
659
was not applicable. It is the intent of this provision to assure that no new institutional health services or health care facilities, as defined prior to Jaty IT 4983 the date this Code section most recently becomes effective, are allowed to avoid the requirements of the immediately any prior provisions of this chapter, and applicable regulations, if those laws and regulations were applicable to them.
(b) Any person proposing to develop or offer a new institutional health service or health care facility shall, before commencing such activity, submit an application to the planning agency and obtain a certificate of need in the manner provided in this chapter unless such activity is excluded from the scope of this chapter.
(c) (1) Any person who offered new institutional health services, as defined only in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2, within the 12 month period prior to the date this Code section most recently becomes effective and for which services a certificate of need was not required under the provisions of this chapter as they existed prior to the date this Code section most recently becomes effective, shall not be required to obtain a certificate of need in order to continue to offer those previously offered services after that date if that person obtains an exemp tion therefor as provided in this subsection.
(1.1) Any person who, on the date this Code section most recently becomes effec tive:
(A) Has in place a valid written contract of purchase, construction, or assembly for purposes of offering new institutional health services, as defined only in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2;
(B) Has prior to said date paid in cash or made an irrevocable and secured com mitment or obligation of a minimum of 30 percent of the price called for under said contract;
(C) Has taken delivery and has in operation such new institutional health ser vices on or before January 1, 1992; and
(D) Has notified the agency no later than July Ij 1991, of that person's intent to apply for an exemption under this paragraph shall not be required to obtain a certificate of need in order to offer those services if that person obtains an exemption therefor as provided in this subsection. (2) A person claiming an exemption under paragraph (1) or (1.1) of this subsection shall apply to the agency for that exemption no later than July _!, 1992. The applica tion shall be in such form and manner as established by the agency to provide suffi cient proof of the prior offering of the services claimed to be exempt. The agency shall notify the applicant within 90 days after the required application and proof have been properly submitted that the application for exemption is denied; otherwise, the appli cation shall be deemed granted by operation of law upon the ninety-first day. Such a grant of the exemption shall be final and no appeal therefrom shall be authorized. A denial of such application for exemption shall constitute a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person having a certificate of need or authorization to offer the services for which an application for
exemption has been denied may intervene in the contested case if such person offers
those services within the same service area as the service area in which were to be offered the services for which the application for exemption was denied.
(3) A person who claims an exemption pursuant to this subsection may continue to offer the services for which the exemption may be claimed without applying for the
exemption, but those services may not be offered after October l^ 1992, or any date
prior thereto upon which a decision denying the exemption has become final unless: (A) The person applied for the exemption as provided in paragraph (2) of this
subsection but on October 1^ 1992, there has either been no decision made denying the exemption or a decision denying the exemption has not become final, in either
of which events the services for which the application for exemption was made may be offered until there is a final decision denying the exemption;
(B) The person is granted the exemption; or (C) The person obtains a certificate of need for the services.
660
JOURNAL OF THE HOUSE,
For purposes of this subsection, a decision denying an application for an exemption shall become final when the time for appealing that decision expires without an appeal of such decision having been properly made.
(4) An exemption obtained pursuant to this subsection may be transferred to another person if the agency is notified thereof within 45 days after the transfer occurs.
(5) The agency shall establish procedures for obtaining exemptions under this sub section and shall publish a list not later than October lj 1992, of all such applications granted or pending on that date."
Section 7. Said chapter is further amended by striking subsection (c) of Code Section 31-6-45, relating to revocation of certificates of need and other enforcement actions, and inserting in its place a new subsection to read as follows:
"(c) In the event that a new institutional health service is knowingly offered or developed without having obtained a certificate of need as required by this chapter, or the certificate of need for such service is revoked according to the provisions of this Code section, a facility or applicant shall be fined the sum ef $600.00 may be fined an amount not to exceed $5,000.00 per day for every day that the violation of this chapter has existed and knowingly and willingly continues; provided, however, that the expendi ture or commitment of or incurring an obligation for the expenditure of funds to take or perform actions not subject to this chapter or to acquire, develop, or prepare a health care facility site for which a certificate of need application is denied shall not be a viola tion of this chapter and shall not be subject to such a fine. The executive director of the planning agency shall determine, after notice and a hearing, whether the fines pro vided in this Code section shall be levied."
Section 8. Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Section 31-6-47, relating to exemptions, and inserting in its place a new para graph to read as follows:
"(4) Offices of private physicians or dentists whether for individual or group practicez except as otherwise provided in subparagraphs (G) and (H) of paragraph (14) of Code Section 31-6-2;".
Section 9. 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.
The following amendment was read:
Representative Coleman of the 118th moves to amend the Committee substitute to HB 508 as follows:
By striking on page 1, line 16 the words; or regional.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy N Adams Y Aiken N Alford
Y Atkins N Baker
Balkcom NBarfoot
Bargeron Y Baroett,B N Barnett.M
N Bates Y Beatty N Benefield Y Birdsong N Blitch N Bordeaux N Bostick N Branch
Y Breedlove N Brooks Y Brown
Y Brush NBuck N Buckner
NByrd N Campbell
N Canty N Carrell Y Carter N Chafm N Chambless Y Cheeks
N Childers Y Clark.E Y Clark.H
Clark,L Y Coker Y Coleman Y Colwell Y Connell N Culbreth N Cumming8,B
N Cummings,M
Davis.G Y Davis.M Y Diion.H N Dixon,S
N Dobbs Dover
N Dunn
N Edwards Y EUiott Y Felton Y Fennel
FRIDAY, FEBRUARY 8, 1991
661
Y Floyd,J.M Y Floyd,J.W N Flynt NGodbee Y Golden Y Goodwin Y Green E Greene Y Griffin N Groover N Hamilton N Hammond Y Manner YHarris,B NHarris,J Y Heard N Henson N Herbert
NHightower Y Holland N Holmes
Howard Y Hudson
N Invin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore N King N Kingston Y Klein Y Ladd Y Lane.D
Lane,R N Langford E Lawrence Y Lawson N Lee N Long
Lord Y Lucas N Lupton
N Mann N Martin N McCoy N McKelvey Y McKinney,B
N McKinney.C Y Meadows
N Merritt N Milam N Mills N Mobley N Moody Y Moreberger N Moultrie Y Mueller Y Oliver.C N Oliver.M Y Orr N Orrock N Padgett
Parham Y Parrish Y Patten N Pelote N Perry
N Pettit N Pinholster
Pinkston Y Poag Y Porter
N Postal N Powell.A
Y Powell.C Y Purcell N Randall Y Ray Y Reaves N Redding N Ricketson
Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper Y Smith,L N Smith,P Y Smith.T
Smith.W N Smyre
Y Snow N Stancil,F Y Stancil.S
Stanley Y Stephens
N Streat Taylor
On the adoption of the amendment, the ayes were 76, nays 87. The amendment was lost.
N Teper Y Thomas.C Y Thomas,M N Thomas.N Y Thurmond Y Titus N Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall N Ware Y Watson Y Watts
Y White Y Wilder Y Williams,B N Williams,J Y Williams,R
N Yeargin Murphy.Spkr
The following amendment was read:
Representatives Green of the 106th, et al. move to amend the Committee substitute to HB 508 as follows:
By striking on page 11, lines 30 through 34 and inserting in lieu thereof the following:
"(4) Offices of private physicians or dentists whether for individual or group practice as provided for in subparagraphs (g) and (h) of paragraph (14) of Code Section 31-6-2 if:
(a) Such private physicians or dentists agree to dedicate at least 5% of their practice as measured by annual gross revenues to the care of indigent patients, and
(b) Such private physicians or dentists agree to offer their particular medical services to patients at a cost at least 15% less than that offered by the nearest existing hospital to the office or Healthcare facility proposed for exemption."
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:
N Abernathy N Adams Y Aiken N Alford
Y Atkins N Baker N Balkcom NBarfoot
Bargeron N Barnett.B N Barnett.M N Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick
N Branch
Y Breedlove N Brooks Y Brown Y Brush
N Buck N Buckner N Byrd N Campbell N Canty N Carrell Y Carter Y Chafin N Chambless Y Cheeks N Childers Y Clark,E Y Clark.H
Clark.L
Y Coker
Y Coleman N Colwell N Connell N Culbreth
N Cummings.B Y Cummings.M Y Davis,G Y Davis.M N Dixon.H N Dixon,S Y Dobbs N Dover N Dunn N Edwards N Elliott Y Felton Y Fennel Y Floyd,J.M
N Floyd,J.W
N Flynt N Godbee N Golden Y Goodwin
Y Green E Greene Y Griffin N Groover N Hamilton N Hammond
Hanner N Harris.B N Harris,J Y Heard N Henson N Herbert N Hightower Y Holland
N Holmes
Howard Y Hudson N Irwin Y Jackson
Y Jamieson N Jenkins Y Jones N Kilgore N King Y Kingston N Klein N Ladd N Lane.D
Lane.R Y Langford E Lawrence Y Lawson N Lee
N Long
662
JOURNAL OF THE HOUSE,
Lord Y Lucas N Lupton NMann N Martin
N McCoy N McKelvey N McKinney.B Y McKinney.C
N Meadows N Merritt N Milam N Mills N Mobley N Moody Y Morsberger N Moultrie
N Mueller
Y Oliver.C N Oliver.M YOrr N Orrock N Padgett Y Parham N Parrish N Patten N Pelote N Perry N Pettit Y Pinholster N Pinkston YPoag Y Porter N Poston
N Powell,A Y Powell.C Y Purcell Y Randall NRay N Reaves Y Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper Y Smith.L N Smith,P Y Smith.T
Smith,W
N Smyre NSnow N Stancil.F Y Stancil,S
Stanley Stephens N Streat Taylor N Teper N Thomas.C Y Thomas.M N Thomas.N Thurmond Y Titus N Tolbert N Townsend
On the adoption of the amendment, the ayes were 57, nays 108. The amendment was lost.
Y Turnquest N Twiggs N Valenti Y Vaughan N Walker,J Y Walker.L Y Wall N Ware
N Watson N Watts
White Y Wilder Y Williams.B N Williams,J
Y Williams.R N Yeargin
Murphy.Spkr
The following amendment was read:
Representative Purcell of the 129th moves to amend the Committee substitute to HB 508 as follows:
By striking at page 5 line 10 the paragraph designated "(i)" and renumbering the remaining consecutive paragraphs "(i), (ii) and (iii)".
By inserting at page 5 line 19 after the word "equipment" the words ", except as uti lized for radiation therapy."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy N Adams Y Aiken N Alford Y Atkins N Baker N Balkcom N Barfoot
Bargeron Y Barnett,B N Barnett.M N Bates Y Beatty N Benefield Y Birdsong N Blitch N Bordeaux N Bostick Y Branch Y Breedlove N Brooks N Brown Y Brush NBuck N Buckner NByrd N Campbell
Y Canty N Carrell
Carter N Chafin
N Chambless Y Cheeks N Childers
Y Clark,E Y Clark,H
Clark,L
Y Coker Y Coleman N Colwell N Connell N Culbreth N Cummings.B Y Cummings,M
Y Davis.G N Davis,M
N Dixon.H N Dixon.S
Y Dobbs N Dover N Dunn N Edwards N Elliott Y Felton Y Fennel Y Floyd,J.M N Floyd,J.W
N Flynt Y Godbee Y Golden Y Goodwin
Y Green E Greene N Griffin N Groover N Hamilton N Hammond Y Manner N Harris.B N Harris.J
Y Heard Y Henson
Y Herbert N Hightower Y Holland N Holmes
Howard Y Hudson N Irwin Y Jackson Y Jamieson Y Jenkins Y Jones N Kilgore NKing N Kingston Y Klein YLadd N Lane.D
Lane.R Y Langford E Lawrence Y Lawson NLee N Long
Lord Y Lucas N Lupton NMann N Martin
N McCoy N McKelvey N McKinney.B N McKinney.C
N Meadows Y Merritt N Milam N Mills
N Mobley N Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C N 01iver,M YOrr
N Orrock
N Padgett Parham
Y Parrish
Y Patten N Pelote N Perry N Pettit N Pinholster
Pinkston
YPoag Porter
N Poston N Powell,A Y Powell.C Y Purcell Y Randall
YRay Reaves
N Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper
Y Smith.L
Y Smith.P Y Smith.T
Smith.W N Smyre YSnow N Stancil.F
Y Stancil.S Stanley
Y Stephens Y Streat
Taylor
N Teper N Thomas.C Y Thomas.M
Thomas.N Y Thurmond
Y Titus Y Tolbert N Townsend N Turnquest N Twiggs N Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall N Ware N Watson Y Watts Y White Y Wilder Y Williams.B N Williams.J Y Williams,R
N Yeargin
Murphy.Spkr
FRIDAY, FEBRUARY 8, 1991
663
On the adoption of the amendment, the ayes were 72, nays 91. The amendment was lost.
The following amendment was read and adopted:
Representative Chambless of the 133rd moves to amend the Committee substitute to HB 508 by adding "on January 1, 1991," after "specified" on line 6 of page 7.
By striking "of the prior offering of the services claimed to be exempt" on lines 13 and 14 of page 9 and inserting in its place "that the applicant qualifies for the exemption claimed".
The Committee substitute, as amended, was adopted.
Representative Coleman of the 118th asked for unanimous consent that the House rescind the adoption of the Committee substitute, as amended.
Objection was heard and the request was not granted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
N Aiken Y Alford
N Atkins Y Baker
Y Balkcom Y Barfoot
Bargeron N Barnett,B Y Barnett,M Y Bates N Beatty Y Benefield N Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch
N Breedlove Y Brooks N Brown N Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter N Chafm Y Chambless
Y Cheeks Y Childers
N Clark.E N Clark.H
Clark.L N Coker N Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B N Cummings,M Y Davis.G Y Davis.M
Y Dixon.H Y Dixon.S Y Dobbs N Dover Y Dunn Y Edwards Y Elliott N Felton Y Fennel
N Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden N Goodwin N Green E Greene
Griffin Y Groover Y Hamilton Y Hammond N Manner Y Harris.B Y Harris,J N Heard Y Henson
Y Herbert Y Hightower N Holland Y Holmes
Howard N Hudson
Ylrwin N Jackson N Jamieson
Y Jenkins N Jones Y Kilgore YKing N Kingston
N Klein NLadd Y Lane,D
Lane.R N Langford
E Lawrence N Lawson
YLee YLong
Lord Y Lucas Y Lupton
YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B
N McKinney.C Y Meadows Y Merritt
Y Milam Y Mills
Y Mobley Y Moody N Morsberger
Y Moultrie Y Mueller N Oliver.C
Y Oliver.M NOrr Y Orrock Y Padgett N Parham N Parrish N Patten Y Pelote Y Perry Y Pettit N Pinholster
Y Pinkston NPoag N Porter Y Poston Y Powell,A N Powell.C N Purcell N Randall YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman
Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith,P Y Smith.T
Smith, W Y Smyre Y Snow Y Stancil.F
N Stancil.S Stanley
N Stephens Y Streat
Taylor Y Teper
Y Thomas.C N Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend N Turnquest Y Twiggs Y Valenti
N Vaughan Y Walker,J Y Walker,L N Wall Y Ware Y Watson Y Watts
White N Wilder N Williams.B Y Williams,J N Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 113, nays 53.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
664
JOURNAL OF THE HOUSE,
Representative Green of the 106th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 508.
Representative Selman of the 32nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative White of the 132nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Resolution of the House was taken up for the purpose of considering the Senate amendment thereto:
HR 229. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd, Connell of the 87th and others
A RESOLUTION Relative to adjournment; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly adjourn at 5:00 P.M. on February 8, 1991, and reconvene at 10:00 A.M. on February 11, 1991.
The following Senate amendment was read:
Amend HR 229 by striking on line 4, page 1, the following: "10:00",
and inserting in lieu thereof: "9:30".
Representative Walker of the 115th moved that the House disagree to the Senate amendment to HR 229.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B
Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd
Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless
Cheeks Y Childers Y Clark,E
Y Clark,H Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Y Cummings.B Cummings,M
Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S
Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Y Manner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson
FRIDAY, FEBRUARY 8, 1991
665
Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston
Y Klein Y Ladd Y Lane,D
Lane.R Y Langford E Lawrence YLawson
YLee Long Lord Lucas
Y Lupton YMann Y Martin
YMcCoy Y McKelvey Y McKinney,B
McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr YOrrock Y Padgett YParham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill
On the motion, the ayes were 158, nays 0. The motion prevailed.
Y Simpson Y Sinkfield Y Skipper
Smith.L Y Smith,P
Smith.T Smith.W Y Smyre YSnow Y Stancil,F Y Stancil,S Stanley Y Stephens Y Streat Taylor YTeper Y Thomas.C Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y WilliamsJR Y Yeargin
Murphy.Spkr
The following Resolution of the House was read and referred to the Committee on Rules:
HR 247. By Representatives Coker of the 21st, Clark of the 20th (Post 4), Hammond of the 20th, Klein of the 21st, Vaughan of the 20th and others:
A resolution commending and recognizing the Honorary Commanders Associ ation and inviting certain of its members to appear and be recognized before the House of Representatives.
Under the general order of business, the following Bill and Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 73. By Representatives Coleman of the 118th and Colwell of the 4th:
A resolution authorizing the granting of a nonexclusive easement for opera tion and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dodge County, Georgia.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Bamett,B Y Barnett,M
Y Bates Y Beatty Y Benefield
Y Birdsong
Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Brush YBuck
Y Buckner YByrd
Y Campbell Y Canty Y Carrell
Carter
Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E
Clark.H Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis,G
Y Davis,M Y Dixon.H
Y Diion.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden
Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard
Y Henson Y Herbert Y Hightower Y Holland
666
Y Holmes Howard
Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane,D
Lane.R Y Langford E Lawrence Y Lawson YLee
Long YLord
JOURNAL OF THE HOUSE,
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Smyre
YSnow Stancil.F
Y Stancil.S Stanley
Y Stephens
Streat Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Williams.R
Y Yeargin
Murphy .Spkr
On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HR 74. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution authorizing the conveyance of certain state owned real property located in Floyd County, Georgia.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams YAiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Bamett,M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Carter Y Chafm Y Chambless Y Cheeks
Y Childers Y Clark,E
Clark.H Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Y Cummings.M
Y Davis,G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden YGoodwin Y Green E Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert
Y Hightower
Y Holland
Y Holmes Howard
Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D
Lane,R Y Langford E Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann
Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C
Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell
Y Randall YRay Y Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith,W
Smyre YSnow
Stancil.F Y Stancil,S
Stanley Y Stephens
Streat Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
FRIDAY, FEBRUARY 8, 1991
667
Y Valenti Y Vaughan Y Walker,J
Walker,L
YWall Ware
Y Watson
Y Watts Y White
Wilder Y Williams,B
Williams,J
Y Williams,R Y Yeaigin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HR 103. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Adairsville.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark,E Clark.H
ClarkJL
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S YDobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D
Lane.R Y Langford E Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketeon Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper
Y Smith,L
Y Smith.P Y Smith.T
Smith,W Smyre YSnow Stancil.F Y Stancil,S Stanley Y Stephens Streat Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest YTwiggs Y Valenti Y Vaughan Y Walker,J Walker,L YWall Ware Y Watson Y Watts Y White Wilder Y Williams,B Williams,J Y Williams,R Y Yeargin Murphy,Spkr
On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HR 150. By Representatives White of the 132nd, Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A resolution authorizing the conveyance of certain state owned real property located in Dougherty County, Georgia, to Dougherty County and the accept ance of certain real property owned by Dougherty County located in Dough erty County, Georgia, in consideration therefor.
668
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett.M Y Bates YBeatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick
Y Branch Y Breedlove Y Brooks
Brown Brush YBuck Y Buckner
YByrd Y Campbell Y Canty Y Carrell
Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark.E
Clark.H
Clark,L
Y Coker Y Coleman Y ColweU Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Y Davis,G Y Davis.M
Y Dixon,H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D
Lane.R Y Langford E Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney,B Y McKinney.C
Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y PowelU Y Powell,C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith,L
Y Smith.P Y Smith.T
Smith.W Smyre YSnow Stancil.F Y Stancil,S Stanley Y Stephens Streat Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L
Y Wall Ware
Y Watson
Y Watts Y White
Wilder Y Williams.B
Williams,.] Y Williams.R Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HR 160. By Representatives ColweU of the 4th, Dobbs of the 74th, Smith of the 78th, Mueller of the 126th, Hanner of the 131st and others:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia hi Bryan, Calhoun, Dooly, Floyd, Houston, Mitchell, Richmond, Tattnall, Washington, and Wilcox counties, Georgia.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom
Y Barfoot Bargeron
Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Bostick
Y Branch Y Breedlove Y Brooks
Brown
Brush YBuck
Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Carter
FRIDAY, FEBRUARY 8, 1991
669
Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E
Clark.H Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis,G Y Davis,M Y Dijon,H Y Diion.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W
YFlynt YGodbee Y Golden
Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B
Y HarrisJ Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D
Lane,R
Y Langford E Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
Y McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley
Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y 01iver,M
YOrr YOrrock Y Padgett YParham Y Parrish
Patten Y Pelote
Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal YSelman Y Sherrill Y Simpson
Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith,T
Smith.W Smyre YSnow Stancil.F
Y Stancil,S Stanley
Y Stephens Streat Taylor
Y Teper
Y Thomas,C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest YTwiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
SR 39. By Senator Baldwin of the 29th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Troop County, Georgia; to provide an effective date.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy
Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Brush
YBuck
Y Buckner
YByrd Y Campbell Y Canty Y Carrell
Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E
Clark,H Clark,L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Curamings.M
Y Davis.G Y Davis,M Y Dixon.H Y Diion.S
Y Dobbs Y Dover
Dunn
Y Edwards Elliott
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee
Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D
Lane.R Y Langford E Lawrence Y Lawson
YLee Long
YLord
Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney,B Y McKinney.C
Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham
Y Parrish
670
JOURNAL OF THE HOUSE,
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Y Simpson Sinkfleld
Y Skippr Y Smith.L
Y Smith.P Y Smith.T
Smith.W Smyre YSnow Stancil.F Y Stancil.S Stanley Y Stephens
Streat Taylor YTeper
Y Thomas.C Y Thomas.M Y Thomas.N
Thurraond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y William8,B
Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr
On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
SR 40. By Senators Thompson of the 33rd and Clay of the 37th:
A resolution authorizing the grant of a nonexclusive easement for construc tion, operation, and maintenance of a water distribution system in, on, over, under, upon, across, or through property owned by the State of Georgia in Cobb County, Georgia; to provide an effective date.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Carter Y Chafin
Y Chambless Y Cheeks Y Childers
Y Clark,E Clark,H
Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M
Y Davis,G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
YGodbee Y Golden YGoodwin Y Green E Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D
Lane.R Y Langford E Lawrence Y Lawson YLee
Long
YLord Lucas
Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y MoWey Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T
Smith.W Smyre YSnow Stancil.F Y Stancil,S Stanley Y Stephens
Streat Taylor Y Teper
Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson
Y Watts Y White
Wilder Y Williams.B
Williams,J
Y Williams.R Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
FRIDAY, FEBRUARY 8, 1991
671
SR 41. By Senators Hasty of the 51st and Ramsey of the 54th:
A resolution authorizing the grant of a nonexclusive easement for construc tion, operation, and maintenance of a thoroughfare known as Abutment Road and slope considerations thereto over property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy
Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot
Bargeron Y Barnett.B
Y Barnett,M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark,E
Clark,H
Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.G Y Davis.M Y Dixon,H Y Dixon.S YDobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee
Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover
Y Hamilton Y Hammond
Y Banner Y Harris,B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard
Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane.R Y Langford E Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie
Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton
YPoag Y Porter Y Poston Y Powell,A Y Powell,C Y Purcell YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Sinkfield
Y Skipper Y Smith.L
Y Smith.P Y Smith,T
Smith.W Smyre YSnow
Stancil,F Y Stancil.S
Stanley Y Stephens
Streat Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr
On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
SR 42. By Senator Foster of the 50th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dawson County, Georgia; to provide an effective date.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
672
JOURNAL OF THE HOUSE,
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom YBarfoot
Bargeron Y Bamett,B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove
Y Brooks Brown Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell
Carter Y Chafm Y Chambless Y Cheeks Y Childers
Y Clark.E Clark,H
Clark,L Y Coker Y Coleman Y Colwell Y ConneU Y Culbreth Y Cummings,B Y CummingstM Y Davis.G Y Davis,M Y Diion.H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D
Lane.R Y Langford E Lawrence Y Lawson
YLee Long
YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley
Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock Y Padgett Y Parham Y Fairish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Y Poston Y PowelLA Y Powell.C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selmon Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T
Smith.W Smyre YSnow Stantil.F Y Stancil.S Stanley Y Stephens Streat Taylor YTeper Y Thomas,C Y Thomas,M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
SR 44. By Senator Timmons of the llth:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an underground audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Early County, Georgia; to provide an effective date.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams Y Aiken Y Alford
Y Atkins Y Baker Y Balkcom
Y Barfoot Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick
Y Branch Y Breedlove Y Brooks
Brown Brush YBuck
Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Carter Y Chafm Y Chambless Y Cheeks Y Childers
Y Clark,E Clark,H
Clark,L Y Coker Y Coleman Y Colwell Y ConneU
Y Culbreth Y Cummings.B Y Cummings.M
Y Davis,G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn
Y Edwards Elliott
Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee
Y Golden Y Goodwin
Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D
Lane.R
FRIDAY, FEBRUARY 8, 1991
673
Y Langford E Lawrence Y Lawson
YLee Long
YLord
Lucas Y Lupton YMann Y Martin
YMcCoy Y McKelvey
Y McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr YOrrock Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston
YPoag Y Porter YPoston Y Powell,A Y Powell,C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketaon Y Royal YSelman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith,T
Smith.W Smyre YSnow Stancil,F Y Stancil.S Stanley Y Stephens
Streat Taylor YTeper
Y Thomaa.C Y Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert
Y Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy ,Spkr
On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
SR 45. By Senator Timmons of the llth:
A resolution authorizing the conveyance of certain state owned real property located in Seminole County, Georgia; to provide an effective date.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abemathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Bostick
Y Branch Y Breedlove Y Brooks
Brown Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark,E Clark.H
Clark,L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis,G Y Davis,M Y Dixon.H Y Dixon.S YDobbs Y Dover
Dunn Y Edwards
Elliott Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden YGoodwin Y Green E Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B
Y Harris^ Y Heard
Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D
Lane.R Y Langford E Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett YParham Y Parrish
Patten Y Pelote
Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C
Y Purcell YRandall YRay
Y Reaves Y Redding Y Ricketson Y Royal YSelman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L
On the adoption of the Resolution, the ayes were 148, nays 0.
Y Smith.P Y Smith.T
Smith.W Smyre YSnow Stancil.F Y Stancil,S Stanley Y Stephens
Streat Taylor Y Teper Y Thomas.C Y Thomas.M
Y Thomas.N Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts Y White
Wilder
Y Williams.B Williams,J
Y Williams,R Y Yeargin
Murphy.Spkr
674
JOURNAL OF THE HOUSE,
The Resolution, having received the requisite constitutional majority, was adopted.
SR 55. By Senator Harris of the 27th:
A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Monroe County, Georgia; to provide an effective date.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett.B Y Barnett,M
Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Clark,H
Clark,L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D
Lane.R Y Langford E Lawrence Y Lawson YLee
Long
YLord Lucas
Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper
Y Smith,L
Y Smith.P Y Smith.T
Smith.W Smyre YSnow Stancil.F Y Stancil.S Stanley Y Stephens Streat Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware
Y Watson Y Watts Y White
Wilder
Y Williams.B Williams,J
Y Williams.R Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
SR 67. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia, to Georgia Power Company and the acceptance of certain real property owned by Georgia Power Company located in Fulton County, Georgia, in consideration therefor; to provide an effective date.
The following Committee substitute was read and adopted:
FRIDAY, FEBRUARY 8, 1991
675
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Fulton County, Georgia, to Georgia Power Company and the acceptance of certain real property owned by Georgia Power Company located in Fulton County, Georgia, in consideration therefor; authorizing the grant of a nonexclusive easement for operation and maintenance of an electrical power transmission line in, on, over, under, upon, across, or through prop erty owned by the State of Georgia in Atlanta, Fulton County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS: (1) The State of Georgia is the owner of approximately .05 of one acre of real prop erty lying at the intersection of Simpson and Mangum Streets in Fulton County, Geor gia; (2) Custody of the subject state owned real property is vested in the the Department of Industry, Trade, and Tourism; (3) Georgia Power Company is the owner of property of equal value within the boundary of the Georgia World Congress Center Expansion site, more particularly described by a plat of survey prepared by a Georgia registered land surveyor on file in the office of the State Properties Commission; (4) The Georgia World Congress Center; the Department of Industry, Trade, and Tourism; and Georgia Power Company are desirous of exchanging the above-described tracts; (5) The Georgia Power owned property and state owned property contemplated in this resolution are shown on a drawing, outlined in red, on file in the office of the State Properties Commission; and (6) The exchange of the aforedescribed tracts or parcels of real property would be beneficial both to the State of Georgia and Georgia Power Company and would be in the public interest; and
WHEREAS: (1) The State of Georgia is the owner of certain tracts of real property lying and being in the City of Atlanta, Georgia, and in Land Lot 83 of the 14th District of Fulton County, Georgia, and being more particularly designated as Tracts 136 and 132 as shown on sheets one through three of a certain plat of survey recorded at Plat Book 159, pages 136 through 138 of Fulton County records; Tracts 228C and 229C as shown on sheet nine of eighteen sheets of a certain plat of survey recorded at Plat Book 168, pages 37 through 54, Fulton County records (the plats indicating the easement area are on file in the office of the State Properties Commission); (2) Georgia Power Company needs to construct and maintain an electrical power transmission line within a portion of Tracts 136, 132, 228C, and 229C which will serve the Geo. L. Smith II Georgia World Congress Center; and (3) All of the above-referenced tracts of land are in the custody of the Department of Industry, Trade, and Tourism.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
Section 1. (a) That, in all matters relating to the conveyance of the hereindescribed state owned real property and the acceptance of the hereindescribed Georgia Power Com pany owned real property, the State of Georgia is acting by and through its State Proper ties Commission.
(b) That the State of Georgia, acting by and through its State Properties Commis sion, is authorized and empowered to convey by appropriate instrument to Georgia Power Company the hereinabove described state owned property located at the intersection of Simpson and Mangum Streets and to accept in consideration therefor from Georgia Power Company the hereinabove described Georgia Power owned property.
676
JOURNAL OF THE HOUSE,
(c) That the State Properties Commission is authorized to do all acts and things nec essary and proper to effect such exchange.
(d) That such conveyance and acquisition shall be upon such other terms and condi tions as may be prescribed by the State Properties Commission.
(e) 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.
(f) That the authorization in this section to convey the above-described property to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
ARTICLE II
Section 2. (a) That the State of Georgia is the owner of the hereinafter described real property, hereinafter referred to as the "easement area," and that, in all matters relat ing to the easement area, the State of Georgia is acting by and through its State Proper ties Commission. The state owned real property is described as follows:
The State of Georgia is the owner of certain tracts of real property lying and being in the City of Atlanta, Georgia, and in Land Lot 83 of the 14th District of Fulton County, Georgia, and being more particularly designated as Tracts 136 and 132 as shown on sheets one through three of a certain plat of survey recorded at Plat Book 159, pages 136 through 138 of Fulton County records; Tracts 228C and 229C as shown on sheet nine of eighteen sheets of a certain plat of survey recorded at Plat Book 168, pages 37 through 54, Fulton County records (the plats indicating the easement area are on file in the office of the State Properties Commission).
(b) That the State of Georgia, acting by and through its State Properties Commis sion, may grant to Georgia Power Company or its successors and assigns a nonexclusive easement for the construction, operation, and maintenance of an electrical power transmis sion line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, operating, maintaining, repairing, and replacing an electrical power transmission line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid pur poses. Said easement area is located in Fulton County as described above.
(c) That the above-described premises shall be used solely for the purpose of install ing, maintaining, repairing, replacing, inspecting, and operating said electrical power trans mission line.
(d) That, after Georgia Power Company has constructed and put into use the electri cal power transmission line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns of all the rights, title, privileges, powers, and easement granted in this section. Upon abandonment, Georgia Power Company or its successors and assigns shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia or its successors and assigns.
(e) That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said ease ment area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.
(f) That if the State of Georgia, acting by and through its State Properties Commis sion, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense, provided another easement location is granted by the State of Geor gia, acting by and through its State Properties Commission.
(g) That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia.
FRIDAY, FEBRUARY 8, 1991
677
(h) That the consideration for such easement shall be $650.00 and upon such further consideration and provision as the State Properties Commission may determine to be in the best interest of the State of Georgia.
(i) That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.
(j) That the grant of easement shall be recorded by the Grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission.
(k) That the authorization in this section to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.
ARTICLE III
Section 3. That this resolution shall become effective upon its approval by the Gov ernor or upon its becoming law without such approval.
Section 4. That all laws and parts of laws in conflict with this resolution are repealed.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Bargeron
Y Barnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Carter Y Chafm
Y Chambless Y Cheeks Y Childers Y Clark,E
Clark.H
Clark,L Y Coker Y Coleman
Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis,G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Banner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Y Holmes Howard
Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane.R Y Langford E Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin
YMcCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper
Y Smith,L
Y Smith,? Y Smith.T
Smith,W Smyre YSnow Stancil,F Y Stancil.S Stanley Y Stephens Streat Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Walker,L Y Wall Ware
Y Watson Y Watts Y White
Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, by substitute, the ayes were 148, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
678
JOURNAL OF THE HOUSE,
SR 68. By Senator Stair of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia, and the acceptance of certain real prop erty in Fulton County in consideration therefor; to provide an effective date.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell
Carter Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark,E Clark.H
Clark.L Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard
Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane,R Y Langford E Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B Y McKinney.C
Y Meadows Y Merritt
Milan) Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith,L
Y Smith,? Y Smith.T
Smith.W
Smyre YSnow
Stancil.F Y Stancil.S
Stanley Y Stephens
Streat Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas,N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Walker,L Y Wall Ware Y Watson Y Watts Y White Wilder Y Williams.B Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, the ayes were 148, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HB 149. By Representative Barnett of the 59th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to the uniform rules of the road, so as to prohibit operation of a radio, stereo, or other sound-making device from a motor vehicle at a level that is audible at a distance of 100 feet or more.
The following amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 149 by striking the quotation mark at the end of line 19 of page 2 and by adding between lines 19 and 20 of page 2 the following:
"(e) A violation of this Code section shall be a misdemeanor.'"
FRIDAY, FEBRUARY 8, 1991
679
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams Y Aiken Y Alford Y Atkins N Baker
Balkcom
Y Barfoot Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beatty N Benefield Y Birdsong N Blitch N Bordeaux
Bostick Y Branch Y Breedlove
N Brooks Brown
Y Brush YBuck Y Buckner YByrd Y Campbell N Canty Y Carrell
Carter Chafin Chambless Cheeks N Childers Y Clark,E Clark.H
Clark,L Y Coker Y Coleman N Colwell
Connell Y Culbreth
N Cummings,B Y Cummings,M
Davis.G Y Davis,M Y Dixon.H
Dkon,S N Dobbs
Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
Floyd,J.M Floyd,J.W NFlynt
YGodbee Y Golden Y Goodwin Y Green
E Greene Y Griffin
Groover Y Hamilton N Hammond N Manner Y Harris.B
Y Harris,J Y Heard N Henson
Y Herbert N Hightower
N Holland Y Holmes
Howard Y Hudson NIrwin
Jackson Jamieson Y Jenkins N Jones Y Kilgore YKing N Kingston Y Klein YLadd Y Lane,D Lane.R Y Langford E Lawrence N Lawson NLee Long Lord N Lucas
Lupton YMann
N Martin Y McCoy Y McKelvey N McKinney.B N McKinney.C
Meadows Y Merritt
Milam Y Mills
Y Mobley Moody
Y Morsberger Moultrie
Y Mueller Y Oliver.C N Oliver.M NOrr
N Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Poag Y Porter N Poston Y Powell,A Y Powell.C Y Purcell Randall
YRay Y Reaves N Redding Y Ricketson N Royal Y Selman Y Sherrill Y Simpson N Sinkfield Y Skipper Y Smith,L
Y Smith.P N Smith.T
Smith,W Smyre YSnow Stancil.F Y Stancil.S Y Stanley N Stephens
Streat Taylor N Teper N Thomas.C
N Thomas.M Thomas.N Thurmond
Y Titus Y Tolbert
Townsend N Turnquest
Twiggs N Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware N Watson
Watts Y White
Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, as amended, the ayes were 90, nays 41.
The Chair voted "aye".
On the passage of the Bill, as amended, the ayes were 91, nays 41.
The Bill, having received the requisite constitutional majority, was
, as
amended.
Representative Redding of the 50th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 149.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate recedes from its amendment to the following Resolution of the House:
HR 229. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd, Connell of the 87th and others:
A resolution relative to adjournment.
680
JOURNAL OF THE HOUSE,
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 143. By Representative Watson of the 114th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Anno tated, relating to professional engineers and land surveyors, so as to change the definition of certain terms.
The following Committee substitute was read:
A BILL
To amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the definition of certain terms; to define additional terms; to provide for the regulation of professional surveyors and professional surveying; to change references to "land surveyor," "land surveying," and "land surveyor-in-training" to "professional surveyor," "professional surveying," and "pro fessional surveyor-in-training," respectively, throughout said chapter; to change certain qualifications necessary for a certificate as an engineer-in-training; to change certain quali fications necessary for a certificate of registration as a professional engineer; to change the provisions under which registrants may use a seal; to amend the Official Code of Georgia Annotated so as to change certain references to "land surveyor," "land surveyors," "land surveying," and "State Board of Registration for Professional Engineers and Land Survey ors"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, is amended by striking in their entirety Code Sections 43-15-1 through 43-15-31 and inserting in lieu thereof new Code Sections 43-15-1 through 43-15-31 to read as follows:
"43-15-1. This chapter is enacted to safeguard life, health, and property and to pro mote the public welfare.
43-15-2. As used in this chapter, the term: (1) 'Board' means the State Board of Registration for Professional Engineers and
Land Professional Surveyors. (2) 'Certificate' means any certificate issued under Code Section 43-15-8 or
43-15-12. (3) 'Certificate of registration' means any certificate issued under Code Section
43-15-9, 43-15-13, or 43-15-16. (4) 'Current certificate of registration' means a certificate of registration which has
not expired or been revoked and the rights under which have not been suspended or otherwise restricted by the board.
(5) 'Engineer-in-training' means an individual who meets the qualifications for and to whom the board has duly issued an engineer-in-training certificate.
{6)--'Land surveying' means the application ef- mathematics and the principles, laws, and techniques by which the facts ef- size? shape, topography, location e* rcloeatie*; orientation, and natural and manmade appurtenances are determined, monumcntcd e? rcmonumcntcd, reported, ef plotted, including subdivisions, condominiums, and subaurfacc measurements and the describing ef- property for ttse in legal instru1116nts AS rt fliiccts v6ti property And proporty n^jnts. A person siicui 196 construed to pFACticc of oner to pF&ctic ifiiiu BUTvcyin witAin wie mfining of uiis cii&ptF wno by verbal claim, sign; advertisement, letterhead, cards? ef in any ether way represents
9Ct OUt 4ft tI113 pLFCLVApfl
{7}--'Land surveyor' means an individual whe is qualified te engage m the practice ef lend surveying and whe possesses current certificate ef registration as a land sur veyor issued by the beafdr
FRIDAY, FEBRUARY 8, 1991
681
{8)--'Land surveyor- in-training' means a individual whe meets the qualifications for and te whem the beard has dttiy isstred a certificate as a tend aurvcyor-in-tfatnmgr
(6) 'Engineering surveys' means and includes all survey activities required to support the conceptioni, planning, design, construction, maintenance, and operation of engineered projects but excludes the surveying of real property for the establishment of land Boundaries, rights of way, and easements.
{9) (7) 'Person' means an individual and any legal or commercial entity, including, by way of illustration and not limitation, a partnership, corporation, association, or governmental agency.
{10} (8) 'Professional engineer' means an individual who is qualified, by reason of knowledge of mathematics, the physical sciences, and the principles by which mechan ical properties of matter are made useful to man in structures and machines, acquired by professional education and practical experience, to engage in the practice of profes sional engineering and who possesses a current certificate of registration as a profes sional engineer issued by the board.
4H) (9) 'Professional engineering' means the practice of the art and sciences, known as engineering, by which mechanical properties of matter are made useful to man in structures and machines and shall include any professional service, such as consultation, investigation, evaluation, engineering surveys, planning, designing, or responsible supervision of construction or operation, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects, wherein the public welfare or the safeguarding of life, health, or property is concerned or involved, when such professional service requires the application of engi neering principles and data and training in the application of mathematical and physi cal sciences. A person shall be construed to practice or offer to practice professional engineering, within the meaning of this chapter who by verbal claim, sign, advertise ment, letterhead, card, or in any other way2 represents or holds himself out as a pro fessional engineer or engineer or as able or qualified to perform engineering services or who does perform any of the services set out in this paragraph. Nothing contained in this chapter shall include the work ordinarily performed by persons who operate or maintain machinery or equipment.
(10) 'Professional surveying' means any service, work, or practice, the adequate per formance of which requires the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the requirements of rele vant law in the evaluation and location of property rights, as applied to:
(A) Measuring and locating lines, angles, elevations, natural and manmade fea tures in the air, on the surface of the earth, in underground works, and on the beds of bodies of water, for the purpose of determining and reporting positions, topogra phy, areas, and volumes;
(B) Establishing or reestablishing, locating or relocating, or setting or resetting of monumentation for any property, easement, or right of way boundaries, or the boundary of any estate or interest therein;
(C) The platting and layout of lands and subdivisions thereof, including align ment and grades of streets and roads, excluding thoroughfares;
(D) The platting and layout incidentally of subdivisions only, the grading, ero sion control, storm drainage works, and water distribution or gravity sanitary collec tion sewer extensions therein, provided that the design and installation of such water distribution or gravity sanitary sewer extensions shall be subjected to the review and approval of the local government;
(E) Conducting horizontal and vertical control surveys, layout or stake-out of proposed construction, or the preparation of as built surveys which relate to prop erty, easement, or right of way boundaries;
(F) Utilization of measurement devices or systems, such as aerial photogrammetry, geodetic positioning systems, land information systems, or similar technology for evaluation or location of property, easement, or right of way bounda ries; or
(G) The preparation and perpetuation of maps, record plats, drawings, exhibits, field notes, or property descriptions representing these services.
682
JOURNAL OF THE HOUSE,
(11) 'Professional surveyor' means an individual who is qualified to engage in the practice of professional surveying and who possesses a current certificate of registra tion as a professional surveyor issued by the board.
(12) 'Professional surveyor-in-training' means an individual who meets the qualifi cations for and to whom the board has duly issued a certificate as a professional surveyor-in-training. 43-15-3. (a) A State Board of Registration for Professional Engineers and Land Professional Surveyors is created whose duty it shall be to administer this chapter. (b) The board shall consist of six professional engineers, two tend professional sur veyors, and a member appointed from the public at large who has no connection with the professions of engineering and tend surveying, all of whom shall be appointed by the Governor for a term of five years. Of the professional engineers appointed to the board, one shall be a structural engineer, one shall be a mechanical engineer, one shall be an electrical engineer, two shall be civil or sanitary engineers, and one shall be from any discipline of engineering. Each member of the board shall be a citizen of the United States and a resident of this state. (c) Each member shall hold office until his successor has been duly appointed and qualified. All successors shall be appointed in the same manner as the original appoint ment. (d) A vacancy on the membership of the board shall be filled by appointment by the Governor, in the same manner as the original appointment to the position vacated, for the unexpired term. (e) Professional engineers appointed to the board shall have been engaged in the practice of engineering in their respective disciplines for at least 12 years and shall have been in responsible charge of important engineering work in their respective disciplines for at least five years. Land Professional surveyors appointed to the board shall have been engaged in the practice of tend professional surveying for at least 12 years and shall have been in responsible charge of important tend professional surveying work for at least five years. Responsible charge of engineering or tend professional surveying teaching may be construed as responsible charge of important engineering or tend pro fessional surveying workz respectively. (f) Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (g) The Governor may remove any member of the board for misconduct, incompetency, neglect of duty, or for any other sufficient and just cause. 43-15-4. (a) The board shall adopt all necessary rules, regulations, and bylaws, not inconsistent with this chapter and the Constitution and laws of this state or of the United States, to govern its times and place of meetings for organization and reorganiza tion, for the holding of examinations, for fixing the length of terms of its officers, and for governing all other matters requisite to the exercise of its powers, the performance of its duties, and the transaction of its businesses. The board shall adopt an official seal.
(b) The board shall meet at such times as the business of the board shall require, as the board or its chairman may determine, but shall hold one annual meeting each year at which time the board shall elect a chairman and a vice-chairman.
(c) The board shall be assigned to the office of the joint-secretary for those purposes described in Chapter 1 of this title.
43-15-5. The board shall keep records of its proceedings.
43-15-6. In carrying out this chapter, in addition to other powers conferred upon it under this chapter, the board shall have the power:
(1) To adopt and enforce regulations implementing this chapter, including regula tions governing the professional conduct of those individuals registered by it;
(2) Under the hand of its chairman or his delegate and the seal of the board, to subpoena witnesses and compel their attendance and to require thereby the produc tion of books, papers, documents, and other things relevant to such investigation in order to investigate conduct subject to regulation by the board; the chairman or the member of the board who is his delegate may administer oaths to witnesses appearing before the board; and the board may secure the enforcement of its subpoenas in the
FRIDAY, FEBRUARY 8, 1991
683
manner provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and
(3) To maintain in its name an action for injunctive or other appropriate legal or equitable relief to remedy violations of this chapter and, in pursuing equitable reme dies, it shall not be necessary that the board allege or prove that it has no adequate remedy at law. 43-15-7. (a) It shall be unlawful for any person other than a professional engineer to practice or to offer to practice professional engineering in this state. (b) It shall be unlawful for any person other than a land professional surveyor to practice or to offer to practice land professional surveying in this state. 43-15-8. To be eligible for certification as an engineer-in-training, an applicant must meet the following minimum requirements:
(1) (A) Graduate in an engineering curriculum of not less than four years from a school or college approved by the board; and
(B) Pass a written examination in fundamental engineering subjects (engineerin-training examination); or (2) (A) Graduate in an engineering curriculum of not less than four years or in a curriculum of four or more years in engineering technology or related science, from a school or college approved by the board; and
(B) Pass a written examination in fundamental engineering subjects (engineerin-training examination); or (3) (A) Acquire not less than eight years of experience in engineering work of a nature satisfactory to the board] provided, however, that such eight years of experi
ence shall be acquired prior to July lj 2001; and (B) Pass a written examination in fundamental engineering subjects (engineer-
in-training examination). 43-15-9. To be eligible for a certificate of registration as a professional engineer, an
applicant must meet the following minimum requirements: (1) (A) Obtain certification by the board as an engineer-in-training under para
graph (1) of Code Section 43-15-8; (B) Acquire a specific record of not less than four years' experience in engineer
ing work of a character satisfactory to the board which indicates the applicant is
competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practices of
engineering (professional engineers' examination); or (2) (A) Obtain certification by the board as an engineer-in-training under para
graph (2) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years' experience in engi
neering work of a character satisfactory to the board which indicates the applicant
is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of
engineering (professional engineers' examination); or (3) (A) Obtain certification by the board as an engineer-in-training under para
graph (3) of Code Section 43-15-8; (B) Acquire a specific record of not less than seven years' experience in engi
neering work of a character satisfactory to the board which indicates the applicant
is competent to practice professional engineering] provided, however, that such
seven years of experience shall be acquired prior to July 1^ 2001; and (C) Subsequently pass a written examination in the principles and practice of
engineering (professional engineers' examination); or (4) (A) Graduate in an engineering or related science curriculum of not less than
four academic years; (B) Acquire a specific record of not less than 16 years' experience in engineering
work, of which at least eight years have been in responsible charge of important
engineering work of a character satisfactory to the board, which indicates the appli
cant is competent to practice professional engineering; and (C) Subsequently pass a written examination in the principles and practice of
engineering (professional engineers' examination).
684
JOURNAL OF THE HOUSE,
43-15-10. (a) For the purpose of determining whether an applicant has acquired the experience required under Code Section 43-15-8 or 43-15-9:
(1) Responsible charge of engineering teaching may, in the board's sole discretion, be considered as responsible charge of engineering work;
(2) The satisfactory completion of each academic year of an approved course in engineering or engineering technology in a school or college approved by the board, without graduation, may be considered as equivalent to a year of engineering experi ence;
(3) Partial credit may be granted by the board for the successful completion of one or more scholastic years of a four-year engineering curriculum in a school or college not approved by the board or in a curriculum in related science in a school or college approved by the board. The degree of credit shall be determined by the board upon consideration of the mathematics, science, and engineering courses completed by the applicant;
(4) No applicant shall receive experience credit for more than four years of under graduate education; and
(5) The satisfactory completion of graduate study in an approved engineering cur riculum may, in the board's sole discretion, be credited for not more than one year's experience. (b) The execution, as a contractor, of work designed by a professional engineer or the supervision of the construction of such work as foreman, inspector, or superintendent shall not be deemed to be engineering experience unless such work involves the applica tion of engineering principles and the applicant presents evidence of additional engineer ing experience of a character satisfactory to the board and indicating the applicant is competent to be placed in responsible charge of engineering work. 43-15-11. An applicant for the professional engineer's examination shall designate the special branch of engineering in which the applicant proposes to engage. The scope of the professional engineer's examination administered to him shall be prescribed by the board with respect to that branch of engineering, with special reference to the appli cant's ability to design and supervise engineering work so as to ensure the safety of life, health, and property. 43-15-12. To be eligible for certification as a tend professional surveyor-in-training, an applicant must meet the following minimum requirements:
(1) (A) Earn a bachelor's degree in a curriculum approved by the board in which the applicant has acquired a minimum of 15 quarter hours' credit, or its equivalent, in kmd professional surveying subjects or subsequent to which the applicant has acquired a minimum of 15 quarter hours' credit, or its equivalent, in tend profes sional surveying subjects in a course of study approved by the board;
(B) Earn an associate degree, or its equivalent, in a curriculum approved by the board in which the applicant has acquired a minimum of 15 quarter hours' credit, or its equivalent, in tend professional surveying subjects or subsequent to which the applicant has acquired a minimum of 15 quarter hours' credit, or its equivalent, in ted professional surveying subjects in a course of study approved by the board and has acquired not less than two years of combined office and field experience in tend professional surveying of a nature satisfactory to the board; or
(C) Earn a high school diploma, or its equivalent and, in addition, complete courses of study necessary for tend professional surveying of an amount and charac ter satisfactory to the board and acquire not less than four years' experience in tend professional surveying of a nature satisfactory to the board; and
(2) Subsequently pass the board's written examination in the fundamentals of tend professional surveying (tend professional surveyor-in-training examination).
43-15-13. To be eligible for a certificate of registration as a la*d professional sur veyor, an applicant must meet the following minimum requirements:
(1) (A) Obtain certification as a tend professional surveyor-in-training under subparagraph (1)(A) and paragraph (2) of Code Section 43-15-12;
(B) Acquire a specific record of the equivalent of not less than four years of combined office and field experience in land professional surveying with a minimum
FRIDAY, FEBRUARY 8, 1991
685
of three years' experience in responsible charge of kmd professional surveying projects under the supervision of a registered land professional surveyor or such other supervision deemed by the board to be the equivalent thereof; and
(C) Subsequently pass a written examination on the principles and practices of ted professional surveying and the laws of this state relating to land professional surveying (land professional surveyor examination); or (2) (A) Obtain certification as a tend professional surveyor-in-training under subparagraph (1)(B) and paragraph (2) of Code Section 43-15-12;
(B) Acquire an additional specific record of the equivalent of not less than four years of combined office and field experience in tend professional surveying which, together with the qualifying experience under subparagraph (1)(B) of Code Section 43-15-12, includes not less than four years' experience in responsible charge of land professional surveying projects under the supervision of a registered kmd profes sional surveyor or such other supervision deemed by the board to be the equivalent thereof; and
(C) Subsequently pass a written examination on the principles and practices of kmd professional surveying and the laws of Georgia relating to land professional sur veying (kmd professional surveyor examination); or (3) (A) Obtain certification as a kmd professional surveyor-in-training under subparagraph (1)(C) and paragraph (2) of Code Section 43-15-12;
(B) Acquire an additional specific record of not less than four years of experi ence in kmd professional surveying which, together with the qualifying experience under subparagraph (1)(C) of Code Section 43-15-12, includes not less than six years' experience in responsible charge of tend professional surveying under the supervision of a registered kd professional surveyor or such other supervision deemed by the board to be the equivalent thereof and of a grade and character sat isfactory to the board indicating that the applicant is competent to practice kind professional surveying; and
(C) Subsequently pass a written examination on the principles and practices of kmd professional surveying and laws of this state relating to kmd professional sur veying (kmd professional surveyor examination). 43-15-14. Board approval of an applicant for examination entitles the applicant to admission to the next four consecutive examination offerings without reapplication. Fol lowing the first offering to which the applicant is entitled to admission, the applicant shall not be admitted to any of the succeeding three examination offerings except upon payment of a fee for each examination, to be determined by the board. Admission to any future examinations will be at the discretion of the board which may require the applicant to file a new application. An examination offering occurs regardless of whether the applicant attends.
43-15-15. (a) Applications for certificates and for certificates of registration shall be made under oath to the board and shall contain such information in the form and man ner as shall be prescribed by the board. The application shall be accompanied by a fee in an amount prescribed by the board.
(b) No individual shall be eligible for a certificate or a certificate of registration under this chapter who is not of good character and reputation.
(c) If the board denies an application on the ground that the applicant lacks the req uisite experience to admit him to the examination, the board may impose on the appli cant a period of deferment on the filing of a new application, during which period the board shall not be required to accept for filing a new application by the applicant. The period of deferment shall not exceed the time reasonably required to acquire the requi site experience.
(d) An application shall contain the names of not less than five persons, not related to the applicant by blood or marriage, of whom at least three shall be professional engi neers or land surveyors having personal knowledge of the experience on which the appli cant predicates his qualifications.
(e) Experience required under this chapter shall be of a character and nature approved by the board and consistent with the purposes of this chapter.
686
JOURNAL OF THE HOUSE,
43-15-16. (a) The board may, in its discretion, upon application therefor and the payment of a fee prescribed by the board, issue a certificate of registration as a profes sional engineer to any individual who holds a certificate of qualification or registration issued to him by proper authority of the National Council of Engineering Examiners or of any state or territory or possession of the United States if the requirements of the registration of professional engineers under which the certificate of qualification or regis tration was issued do not conflict with this chapter and are of a standard not lower than that specified in this chapter or if the applicant held such certificate on or before July 1, 1956, The fact that the statute under which the individual was issued a certificate of qualification or registration in another state does not provide that the required writ ten examination be passed subsequent to the acquisition of the required experience shall not be deemed as a conflict with, or lower than, the Georgia requirements, provided that the written examination and the amount of experience required for registration are sub stantially equivalent to the Georgia requirements.
(b) The board may, in its discretion, upon application therefor and the payment of a fee prescribed by the board, issue a certificate of registration as a tend professional surveyor to any person who holds a certificate of registration to practice professional or land surveying issued by a state or territory or possession of the United States obtained:
(1) By written examination of not less than eight hours in duration prior to July 1,1968;
(2) By written examination of not less than 16 hours in duration prior to July 1, 1978; or
(3) Under qualifications comparable to those prescribed by this chapter; and in addition passes a written examination on the laws of Georgia relating to land profes sional surveying (tend professional surveyor examination).
43-15-17. (a) Certificates and certificates of registration shall be issued to appli cants who successfully complete the respective requirements therefor upon the payment of fees prescribed by the board.
(b) Certificates of registration shall be renewable biennially. Renewal may be effected for the succeeding two years by the payment of the fee prescribed by the board. Certificates of registration may be renewed subsequent to their expiration upon the pay ment of accumulated unpaid fees and of a penalty in an amount to be determined by the board. A certificate of registration which has been expired for a period of greater than four years shall be automatically revoked.
(c) The joint-secretary shall give notice by mail to each person holding a certificate of registration under this chapter of the date of the expiration of the certificate of regis tration and the amount of the fee required for renewal, at least one month prior to the expiration date; but the failure to receive such notice shall not avoid the expiration of any certificate of registration not renewed in accordance with this Code section.
43-15-18. (a) In the case of a registered professional engineer, the certificate of reg istration shall authorize the practice of professional engineering. In the case of a regis tered tend professional surveyor, the certificate of registration shall authorize the practice of land professional surveying. A certificate of registration shall show the full
name of the registrant, shall have a serial number, and shall be signed by the chairman of the board and the joint-secretary under the seal of the board.
(b) The issuance of a certificate of registration by the board shall be evidence that the person named therein is entitled to all the rights and privileges of a registered pro
fessional engineer or a registered tend professional surveyor, as the case may be, as long as the certificate remains unrevoked, unexpired, or unaffected by other discipline
imposed by the board. 43-15-19. (a) The board shall have the power, after notice and hearing, to deny any
application made to it, to revoke or suspend any certificate or certificate of registration issued by it, or to reprimand any person holding a certificate or certificate of registration
issued by it, upon the following grounds: (1) Commission of any fraud or deceit in obtaining a certificate or certificate of
registration;
FRIDAY, FEBRUARY 8, 1991
687
(2) Any gross negligence, incompetency, or unprofessional conduct in the practice of professional engineering or land professional surveying as a registered professional engineer or ted professional surveyor;
(3) Affixing a seal to any plan, specification, plat, or report contrary to Code Sec tion 43-15-22;
(4) Conviction of a felony or crime involving moral turpitude in the courts of this state, the United States, or of any state or territory of the United States or the con viction of an offense in another jurisdiction which, if committed in this state, would be deemed a felony. 'Conviction' shall include a finding or verdict of guilt, a plea of guilty, or a plea of nolo contenders in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon pursuant to Article 3 of Chapter 8 of Title 42 or any comparable rule or statute; or
(5) Any violation of this chapter or any rule or regulation promulgated by the board pursuant to the powers conferred on it by this chapter. (b) 'Unprofessional conduct,' as referred to in paragraph (2) of subsection (a) of this Code section, includes a violation of those standards of professional conduct for profes sional engineers and ksd professional surveyors adopted by the board pursuant to the power conferred upon it to promulgate rules and regulations to effectuate the duties and powers conferred on it by this chapter. 43-15-20. (a) The board, in its sole discretion, may reissue a certificate or a certifi cate of registration to any person whose certificate or certificate of registration has been revoked or may terminate any suspension imposed by it upon the affirmative vote of three or more members of the board and upon the payment of a fee prescribed by the board. (b) A new certificate or certificate of registration to replace any certificate lost, destroyed, or mutilated may be issued subject to the rules of the board upon the pay ment of a fee prescribed by the board. 43-15-21. (a) The board, or its delegate, in its sole discretion, may issue a tempo rary permit to a person who is not a resident of and who has no established place of business in this state, or who has recently become a resident thereof, to permit him, in accordance with the conditions of the temporary permit, to practice or offer to practice engineering in this state if:
(1) An application for a certificate of registration has been filed with the board and the fee required by this chapter has been paid;
(2) The applicant is legally qualified to practice such profession in the state or country of the applicant's residence or former residence; and
(3) The requirements and qualifications for obtaining a certificate of registration in that jurisdiction are not lower than those specified in this chapter.
(b) An application under subsection (a) of this Code section shall be made to the board in writing, containing such information and in the form and manner as shall be prescribed by the board.
(c) The temporary permit shall continue only for such time as the board requires for the consideration of the application for registration. The temporary permit shall contain such conditions with respect to the scope of the permission granted as the board deems necessary or desirable.
(d) Plans, specifications, plats, and reports issued by a person holding a temporary permit shall bear his signature and a stamp containing his name, business address, and 'Georgia Professional Engineer Temporary Permit No. _____.' The signature and stamp shall be affixed only in accordance with the requirements of subsection (b) of Code Section 43-15-22.
(e) A person who has obtained a temporary permit and practices in accordance therewith is deemed to be a professional engineer for purposes of this chapter, but a temporary permit shall not be deemed to be a registration under any provision of this chapter, including, by way of illustration and not limitation, Code Section 43-15-23.
43-15-22. (a) Every professional engineer and land professional surveyor registered under this chapter shall, upon receipt of a certificate of registration, obtain a seal of the design authorized by the board, bearing the registrant's name, certificate number, and
688
JOURNAL OF THE HOUSE,
the legend 'Registered Professional Engineer,' or 'Registered Land Professional Sur veyor,' in accordance with the certificate of registration.
(b) Plans, specifications, plats, and reports issued by a registrant professional engi neer shall be stamped or sealed and countersigned by the registrant professional engi neer; but it shall be unlawful for the registrant or any other person to stamp or seal any document with such seal after the certificate of the registrant named thereon has expired, or has been revoked, or during the period of any suspension imposed by the board. No plans, specifications, plats, or reports shall be stamped with the seal of a reg istrant unless such registrant has personally performed the engineering er kmd surveying work involved or, when the registrant has not personally performed the engineering er kmd surveying work reflected in any plan, specification, plat, or report, such registrant has affixed his seal thereto only after fee has reviewed the werit embodied at syefe plan, specification, pta% or report and has satisfied himsetf completely that stick we*k- is accu rate if such plan or document has been prepared under his direct supervisory control.
(c) No registrant professional engineer shall affix his seal to any plan, specification, plat, or report unless he has assumed the responsibility for the accuracy of the work involved.
(d) Any registrant professional engineer who has affixed his seal to any plan, specifi cation, plat, or report prepared by another without having first reviewed the same shall be deemed to have committed a fraudulent act of misconduct in the practice of profes sional engineering er tend surveying.
(e) Plats and reports issued by a professional surveyor shall be stamped or sealed and countersigned by the professional surveyor; but it shall be unlawful for the profes sional surveyor or any other person to stamp or seal any document with such seal after the certificate of any professional surveyor named thereon has expired, or has been revoked, or during any period of suspension imposed by the board. No plats or reports shall be stamped with the seal of a professional surveyor unless such professional sur veyor has personally performed the professional surveying work involved or has directly supervised on a daily basis the work being performed by an employee.
(f) No registered professional surveyor shall affix his seal to any plat or report unless he has assumed the responsibility for the accuracy of the work involved.
(g) Any registered professional surveyor who has affixed his seal to any plat or report, without having either performed the actual survey or directly supervised on a doily basis the employee preparing it, shall be deemed to have committed a fraudulent act of misconduct in the practice of professional surveying.
43-15-23. (a) The practice of or offer to practice professional engineering, as defined in this chapter, by individual professional engineers registered under this chapter through a firm, corporation, professional corporation, partnership, association, or other entity offering engineering services to the public or by a firm, corporation, professional corporation, partnership, association, or other entity offering engineering services to the public through individual registered professional engineers as agents, employees, officers, or partners is permitted subject to the provisions of this chapter; provided, however, that one or more of the principals, officers, or partners of said firm, corporation, profes sional corporation, partnership, association, or other entity and all personnel of such firm, corporation, partnership, association, or entity who act in its behalf as professional engineers in this state shall be registered as provided in this chapter; and further pro vided that said firm, corporation, professional corporation, partnership, association, or entity has been issued a certificate of authorization by the board as provided in this chapter.
(b) A firm, corporation, professional corporation, partnership, association, or other entity desiring a certificate of authorization shall file with the board an application upon a form to be prescribed by the board and accompanied by the registration fee prescribed
by the board.
(c) (1) A corporation or professional corporation shall file with the board, using a form provided by the board, the names and addresses of all officers and board mem bers of the corporation, including the principal officer or officers duly registered to practice professional engineering in this state and of an individual or individuals duly
FRIDAY, FEBRUARY 8, 1991
689
registered to practice professional engineering within this state who shall be in respon sible charge of the practice of professional engineering in this state by said corpora tion.
(2) A partnership shall file with the board, using a form provided by the board, the names and addresses of all partners of the partnership, including the partner or partners duly registered to practice professional engineering in this state and of an individual or individuals duly registered to practice professional engineering in this state who shall be in responsible charge of the practice of professional engineering in this state by said partnership.
(3) Any firm, association, or entity which is not a corporation, professional corpo ration, or partnership shall file with the board, using a form provided by the board, the names and addresses of all principals of the firm, association, or entity duly regis tered to practice professional engineering in this state who shall be in responsible charge of the practice of professional engineering in this state by said firm, associa tion, or other entity.
(4) The forms provided in paragraphs (1) through (3) of this subsection must accompany a biennial renewal fee prescribed by the board. In the event there shall
be a change in any of these persons, such change shall be designated on the same form and filed with the board by the firm, corporation, professional corporation, partner
ship, association, or entity within 30 days after the effective date of the change, (d) (1) After all of the requirements of this Code section have been complied with,
the board shall issue to such firm, corporation, professional corporation, partnership,
association, or other entity a certificate of authorization. (2) The board may refuse to issue a certificate if any facts exist which would
entitle the board to suspend or revoke an existing certificate or if the board shall
determine that any of the officers, directors, principals, agents, or employees of the entity to be licensed are not persons of good character.
43-15-23.1. (a) The practice of or offer to practice land professional surveying, as defined in this chapter, by individual tend professional surveyors registered under this chapter through a firm, corporation, professional corporation, partnership, association, or
other entity offering tend professional surveying services to the public or by a firm, cor poration, professional corporation, partnership, association, or other entity offering kind professional surveying services to the public through individual registered tend profes
sional surveyors as agents, employees, officers, or partners is permitted subject to the provisions of this chapter; provided, however, that one or more of the principals, officers,
or partners of said firm, corporation, professional corporation, partnership, association, or other entity and all personnel of such firm, corporation, professional corporation,
partnership, association, or entity who act in its behalf as tend professional surveyors in this state shall be registered as provided in this chapter; and further provided that said
firm, corporation, professional corporation, partnership, association, or entity has been issued a certificate of authorization by the board as provided in this chapter.
(b) A firm, corporation, professional corporation, partnership, association, or other entity desiring a certificate of authorization shall file with the board an application upon
a form to be prescribed by the board and accompanied by the registration fee prescribed by the board.
(c) (1) A corporation or professional corporation shall file with the board, using a form provided by the board, the names and addresses of all officers and board mem bers of the corporation, including the principal officer or officers duly registered to
practice tend professional surveying in this state and of an individual or individuals
duly registered to practice tend professional surveying within this state who shall be in responsible charge of the practice of tend professional surveying in this state by said corporation.
(2) A partnership shall file with the board, using a form provided by the board,
the names and addresses of all partners of the partnership, including the partner or
partners duly registered to practice tend professional surveying in this state and of an individual or individuals duly registered to practice tend professional surveying in this state who shall be in responsible charge of the practice of tend professional surveying
in this state by said partnership.
690
JOURNAL OF THE HOUSE,
(3) Any firm, association, or entity which is not a corporation, professional corpo ration, or partnership shall file with the board, using a form provided by the board, the names and addresses of all principals of the firm, association, or entity duly regis tered to practice tend professional surveying in this state who shall be in responsible charge of the practice of tend professional surveying in this state by said firm, associa tion, or other entity.
(4) The forms provided in paragraphs (1) through (3) of this subsection must accompany a biennial renewal fee prescribed by the board. In the event there shall be a change in any of these persons, such change shall be designated on the same form and filed with the board by the firm, corporation, professional corporation, partner ship, association, or entity within 30 days after the effective date of the change, (d) (1) After all of the requirements of this Code section have been complied with, the board shall issue to such firm, corporation, professional corporation, partnership, association, or other entity a certificate of authorization.
(2) The board may refuse to issue a certificate if any facts exist which would entitle the board to suspend or revoke an existing certificate or if the board shall determine that any of the officers, directors, principals, agents, or employees of the entity to be licensed are not persons of good character. 43-15-24. (a) It shall be unlawful for this state or any of its political subdivisions such as a county, municipality, or school district, or agencies thereof or for any private or commercial entity to engage in the construction of any work or structures involving professional engineering which by the nature of their function or existence could adversely affect or jeopardize the health, safety, or welfare of the public unless the plans and specifications have been prepared under the direct supervision or review of and bear the seal of, and the construction is executed under the direct supervision of or review by, a registered professional engineer or architect. (b) Nothing in this Code section shall be held to apply to any construction, including alterations, of which the completed cost is less than $100,000.00 or which is used exclu sively for private or noncommercial purposes, or to private residences, or to noncommer cial farm buildings, or to residence buildings not exceeding two stories in height, excluding basements. (c) Any county, municipality, or other governing body in this state that issues build ing permits is required to maintain a permanent record of the permit application and issuance thereon, which record shall indicate the name of the professional engineer or architect, if any, that has sealed the plans, specifications, plats, or reports pursuant to which said building permit is issued, said record to include details on the size, type of building or structure, use for said building or structure, and estimated cost of construc tion. 43-15-25. (a) Any person may prefer charges of fraud, deceit, gross negligence, incompetency, or unprofessional conduct against any person holding a certificate or cer tificate of registration. Such charges shall be in writing, shall be sworn to by the person making them, and shall be filed with the board.
(b) All such charges, unless dismissed by the board as unfounded or trivial, shall be acted upon by the board.
43-15-26. (a) After notice and hearing, the board may issue an order prohibiting any person from violating Code Section 43-15-7.
(b) The violation of any order of the board issued under subsection (a) of this Code section shall subject the person violating the order to a civil penalty not in excess of $100.00 for each transaction constituting a violation thereof. The board may maintain an action in the superior courts of this state in its own name to recover such penalties.
43-15-27. (a) It shall be the duty of all duly constituted law enforcement officers of this state and of the political subdivisions of this state to enforce this chapter and to prosecute any person violating this chapter.
(b) The Attorney General or his designated assistant shall act as legal adviser to the board and render such legal assistance as may be necessary in carrying out this chapter.
(c) Except as provided in Code Section 25-2-14, it shall be the duty of all public offi cials charged with the responsibility of enforcing codes related to construction to require
FRIDAY, FEBRUARY 8, 1991
691
compliance with Code Section 43-15-24 before engineering plans, drawings, and specifi cations are approved by for construction. Except as provided in Code Section 25-2-14, no construction which is subject to Code Section 43-15-24 and which requires the service of an engineer shall be built without such approval prior to construction.
43-15-28. The board shall exercise the powers and duties conferred upon it in accord ance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-15-29. (a) Nothing in this chapter shall be construed as excluding a qualified architect registered in this state from such engineering practice as may be incident to the practice of his profession or as excluding a professional engineer from such architec tural practice as may be incident to the practice of professional engineering.
(b) The following persons shall be exempt from this chapter:
(1) A person working as an employee or a subordinate of a person holding a certifi cate of registration under this chapter or an employee of a person practicing lawfully under Code Section 43-15-21, provided such work does not include final design deci sions and is done under the supervision of, and responsibility therefor is assumed by, a person holding a certificate of registration under this chapter or a person practicing lawfully under Code Section 43-15-21;
(2) Officers and employees of the government of the United States while engaged within this state in the practice of professional engineering or land professional sur veying for such government;
(3) All elective officers of the political subdivision subdivisions of the state while in the practice of professional engineering or kmd professional surveying in the per formance of their official duties; and
(4) Officers and employees of the Department of Transportation, except as required by Title 46, while engaged within this state in the practice of professional engineering or land professional surveying for such department. (c) This chapter shall not be construed as requiring registration for the purpose of practicing professional engineering or land professional surveying by an individual, firm, or corporation on property owned or leased by such individual, firm, or corporation unless the same involves the public safety or public health or for the performance of engineering which relates solely to the design or fabrication of manufactured products. (d) This chapter shall not be construed to prevent or affect the practice of profes sional engineering and ted professional surveying with respect to utility facilities by any public utility subject to regulation by the Public Service Commission, the Federal Com munications Commission, the Federal Power Commission, or like regulatory agencies, including its parents, affiliates, or subsidiaries; or by the officers and full-time perma nent employees of any such public utility, including its parents, affiliates, or subsidiaries, except where such practice involves property lines of adjoining property owners, pro vided that this exception does not extend to any professional engineer or tend profes sional surveyor engaged in the practice of professional engineering or land professional surveying whose compensation is based in whole or in part on a fee or to any engineer ing services performed by the above-referenced utility companies not directly connected
with work on their facilities. (e) This chapter shall not be construed to affect the lawful practice of a person act
ing within the scope of a license granted by the state under any other law. 43-15-30. (a) Any person who violates Code Section 43-15-7 shall be guilty of a mis
demeanor. (b) Any person presenting or attempting to use as his own the certificate of registra
tion or the seal of another obtained under this chapter shall be guilty of a misdemeanor. (c) Any person who gives any false or forged evidence of any kind to the board or
to any member thereof in obtaining a certificate or certificate of registration shall be
guilty of a misdemeanor. (d) Any person who falsely impersonates any other registrant or any person who
attempts to use an expired or revoked certificate of registration shall be guilty of a mis
demeanor.
(e) Each day or occurrence shall be considered a separate offense.
692
JOURNAL OF THE HOUSE,
(f) Any person offering services to the public who uses by name, verbal claim, sign, advertisement, directory listing, or letterhead the words 'Engineer,' 'Engineers,' 'Profes sional Engineering,' 'Engineering,' or 'Engineered' shall be guilty of a misdemeanor unless said person has complied with the provisions of this chapter.
43-15-31. For the purposes of Chapter 2 of this title, 'The Act Providing for the Review, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the State Board of Registration for Professional Engineers and Land Professional Surveyors shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8."
Section 2. The following Code sections of the Official Code of Georgia Annotated are amended by striking the terms "land surveyor," "land surveyors," land surveying," and "State Board of Registration for Professional Engineers and Land Surveyors" wherever they occur and inserting in lieu thereof the terms "professional surveyor," "professional surveyors," "professional surveying," and "State Board of Registration for Professional Engineers and Professional Surveyors," respectively:
(1) Code Section 12-5-285.1, relating to the leasing of state owned marshland or water bottoms;
(2) Code Section 14-7-2, relating to definitions under the "Georgia Professional Corporation Act";
(3) Code Section 14-7-4, relating to professional services under the "Georgia Pro fessional Corporation Act";
(4) Code Section 15-6-67, relating to the recordation of maps and plats in the superior court;
(5) Code Section 34-9-11, relating to the exclusivity of rights and remedies granted to employees under Chapter 9 of Title 34;
(6) Code Section 36-3-20, relating to the presentment of boundary dispute between
counties by the grand jury; (7) Code Section 36-3-21, relating to service of notice of survey upon county
authorities; (8) Code Section 36-3-22, relating to the requirement that a land surveyor furnish
county authorities with a copy of survey and plat; (9) Code Section 36-3-26, relating to the compensation of land surveyor in bound
ary disputes between counties; (10) Code Section 36-3-27, relating to compensation of land surveyor and payment
by county authorities in boundary disputes between counties; (11) Code Section 36-7-2, relating to the election, commissioning, qualification, and
removal of county surveyor; (12) Code Section 36-7-13, relating to persons who may perform duties of office
when there is no county surveyor; (13) Code Section 44-1-15, relating to the prohibition against the removal or
destruction of survey monuments; (14) Code Section 44-3-74, relating to the recording of condominium instruments,
plats, plans, and encumbrances; (15) Code Section 44-3-83, relating to recording of plats and plans under the "Geor
gia Condominium Act"; (16) Code Section 44-3-91, relating to the relocation of boundaries between units
under the "Georgia Condominium Act"; (17) Code Section 44-3-92, relating to subdivision of units under the "Georgia Con
dominium Act"; (18) Code Section 44-14-360, relating to definitions used in Part 3 of Article 8 of
Chapter 14 concerning mechanics' and materialmen's liens; (19) Code Section 44-14-361, relating to the creation of mechanics' and material-
men's liens; (20) Code Section 44-14-361.1, relating to how liens are declared and created; (21) Code Section 44-14-365, relating to rights as to liens of partnerships, corpora
tions, and associations made up of or employing registered architects, foresters, land
surveyors, or professional engineers;
FRIDAY, FEBRUARY 8, 1991
693
(22) Code Section 48-13-5, relating to the levy of license, occupation, or professional tax by counties and municipalities only at place of principal office;
(23) Code Section 50-22-1, relating to managerial control over the acquisition of professional services for the state;
(24) Code Section 50-22-2, relating to definitions used in Chapter 22 of Title 50, relating to managerial control over the acquisition of professional services for the state; and
(25) Code Section 50-22-6, relating to the selection of a professional through con tract negotiations.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representatives Alford of the 57th and Dobbs of the 74th move to amend the Com mittee substitute to HB 143 as follows:
On page 5 line 19 strike "incidentally of and insert "incidental to residential".
And adding after "only," the word "including".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Abernathy N Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom N Barfoot
Bargeron N Barnett.B Y Barnett,M N Bates N Beatty N Benefield N Birdsong N Blitch Y Bordeaux
Bostick N Branch N Breedlove N Brooks
Brown Y Brush
Buck N Buckner NByrd Y Campbell N Canty Y Carrell
Carter Chafin Y Chambless Cheeks N Childers Y Clark,E Y Clark.H
Clark.L Y Coker
Coleman N Colwell Y Connell Y Culbreth N Cummings,B
Cummings.M Davis.G Y Davis,M N Dixon.H Dixon,S Y Dobbs N Dover N Dunn N Edwards N Elliott Y Felton N Fennel Floyd,J.M FloydJ.W NFlynt N Godbee N Golden Y Goodwin Green E Greene
N Griffin N Groover
N Hamilton N Hammond
Hanner N Harris,B Y Harris,J Y Heard Y Henson
Y Herbert N Hightower N Holland N Holmes
Howard N Hudson Ylrwin
Jackson Jamieson N Jenkins N Jones N Kilgore NKing Y Kingston Y Klein YLadd Y Lane,D Lane.R
N Langford E Lawrence
N Lawson NLee
Long
Lord N Lucas Y Lupton YMann Y Martin N McCoy N McKelvey
McKinney.B McKinney.C Meadows N Merritt Milam N Mills
N Mobley
Moody Y Morsberger
Moultrie Y Mueller
N Oliver.C Y Oliver.M NOrr
Y Orrock Y Padgett N Parham N Parrish
Patten Y Pelote N Perry
Pettit N Pinholster
Pinkston NPoag N Porter N Poston N Powell.A
Powell.C N Purcell
Randall NRay N Reaves Y Redding N Ricketson N Royal
Selman Y Sherrill
N Simpson N Sinkfield N Skipper N Smith,L
On the adoption of the amendment, the ayes were 51, nays 81. The amendment was lost.
The following amendment was read:
N Smith.P N Smith.T
Smith.W Smyre YSnow Stancil.F N Stancil,S N Stanley Y Stephens N Streat Taylor N Teper N Thomas.C Thomas.M Y Thomas.N Y Thurmond N Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan N WalkerJ Walker,L Y Wall N Ware N Watson N Watts White Wilder Y Williams,B Williaros.J Y Williams,R
N Yeargin Murphy.Spkr
694
JOURNAL OF THE HOUSE,
Representatives Alford of the 57th and Dobbs of the 74th move to amend the Com mittee substitute to HB 143 as follows:
On page 5 line 22 add after the word "distribution" the word lines,
And on line 23 add after the word "the" the word "capacity",
And on line 25 add after the word "distribution" the word "lines" and after the word "sanitary" the word "collection",
And on line 26 after the word "extensions" add the following,
"shall be in accordance with local ordinances and published design standards".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abernathy
N Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom N Barfoot
Bargeron N Barnett,B Y Bamett,M
Y Bates N Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux
Bostick N Branch N Breedlove N Brooks
Brown Y Brush
Buck N Buckner NByrd Y Campbell
N Canty Y Carrell
Carter Chafm N Chambless Cheeks Y Childers Y Clark,E Y Clark,H
Clark.L Y Coker
Coleman N Colwell Y Connell Y Culbreth N Cummings.B
Y Cummings,M Davis.G
Y Davis.M Dixon.H Dkon.S
Y Dobbs N Dover N Dunn
N Edwards N Elliott Y Felton N Fennel
Floyd,J.M Floyd.J.W
N Flynt N Godbee Y Golden Y Goodwin
Green E Greene N Griffin N Groover N Hamilton N Hammond Y Manner N Harris.B Y Harris,J Y Heard Y Henson
Y Herbert N Hightower
N Holland Y Holmes
Howard N Hudson Y Irwin
Jackson Jamieson N Jenkins N Jones N Kilgore NKing Y Kingston Y Klein YLadd Y Lane,D
Lane,R N Langford
E Lawrence N Lawson NLee
Long Lord N Lucas
Y Lupton NMann Y Martin Y McCoy N McKelvey
McKinney.B McKinney.C Meadows Y Merritt Milam N Mills
N Mobley Moody
Y Morsberger Moultrie
Y Mueller
N Oliver.C Y Oliver.M
NOrr Y Orrock N Padgett N Parham N Parrish
Patten
N Pelote N Perry
N Pettit N Pinholster
Pinkston
NPoag N Porter
N Poston N Powell,A
Powell.C N Purcell
Randall
NRay N Reaves Y Redding N Ricketson N Royal
Selman Y Sherrill N Simpson
Sinkfield N Skipper N Smith.L
On the adoption of the amendment, the ayes were 58, nays 77. The amendment was lost.
The following amendment was read:
N Smith,P N Smith.T
Smith.W Smyre N Snow Stancil,F N Stancil.S N Stanley Y Stephens N Streat Taylor NTeper N Thomas.C Y Thomas.M Y Thomas.N N Thurmond
N Titus Y Tolbert Y Townsend Y Turnquest
N Twiggs Y Valenti Y Vaughan N Walker,J
Walker.L Y Wall N Ware N Watson N Watts Y White
Wilder Y Williams.B
Williams,J Y Williams.R N Yeargin
Murphy.Spkr
Representatives Alford of the 57th and Dobbs of the 74th move to amend the Com mittee substitute to HB 143 as follows:
On page 5 line 21 add after the word "works" the following "for 100-year frequency flow rates less than 50 CFS,".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
FRIDAY, FEBRUARY 8, 1991
695
N Abernathy N Adams N Aiken Y Alford Y Atkins Y Baker
Balkcom N Barfoot
Bargeron N Barnett,B Y Barnett,M Y Bates N Beatty N Benefield N Birdsong N Blitch N Bordeaux
Bostick N Branch N Breedlove N Brooks
Brown Y Brush
Buck
N Buckner NByrd Y Campbell N Canty Y Carrell
Carter Chafin N Chambless Cheeks Y Childers Y Clark,E Y Clark,H
Clark,L Y Coker
Coleman N Colwell Y Connell Y Culbreth Y Cummings.B N Cummings,M Y Davis.G Y Davis.M
Dixon.H Dixon.S Y Dobbs N Dover N Dunn N Edwards N Elliott Y Felton N Fennel Floyd,J.M Floyd,J.W NFlynt N Godbee N Golden Y Goodwin Green E Greene N Griffin N Groover N Hamilton
N Hammond
Y Manner N Harris,B Y Harris,J Y Heard Y Henson
Y Herbert N Hightower N Holland Y Holmes
Howard N Hudson Ylrwin
Jackson Jamieson N Jenkins N Jones N Kilgore NKing Y Kingston Y Klein YLadd N Lane,D Lane.R N Langford E Lawrence N Lawson NLee Long Lord N Lucas Y Lupton
NMann
Y Martin
N McCoy N McKelvey
N McKinney.B N McKinney.C
Meadows
N Merritt
Milam N Mills
N Mobley Moody
Y Morsberger Moultrie
Y Mueller N Oliver.C Y Oliver.M NOrr
Y Orrock N Padgett N Parham N Parrish
Patten N Pelote N Perry N Pettit N Pinholster
Pinkston
N Poag N Porter N Poston N Powell.A
Powell.C N Purcell
Randall NRay N Reaves Y Redding
N Ricketson N Royal
Selman
Y Sherrill N Simpson
Sinkfield N Skipper N Smith.L
On the adoption of the amendment, the ayes were 52, nays 87. The amendment was lost.
N Smith.P N Smith.T
Smith.W Smyre N Snow Stancil.F N Stancii.S Y Stanley Y Stephens N Streat Taylor N Teper
N Thomas.C Y Thomas.M Y Thoroas.N Y Thurmond N Titus YTolbert
Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan N Walker,J
Walker.L Y Wall N Ware N Watson N Watts Y White
Wilder Y Williams.B
Williams.J Y Williams.R N Yeargin
Murphy ,Spkr
The following amendment was read:
Representative Dobbs of the 74th moves to amend the Committee substitute to HB 143 as follows:
On page 5, line 19 strike the word "The" and substitute the following "Excluding design, the".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams Y Aiken Y Alford
Y Atkins Y Baker
Balkcom Y Barfoot
Bargeron N Barnett.B Y Barnett.M
Y Bates N Beatty Y Benefield N Birdsong Y Blitch Y Bordeaux
Bostick N Branch N Breedlove
N Brooks
Brown Y Brush
Buck N Buckner NByrd
Y Campbell Y Canty Y Carrell
Carter Chafin Y Chambless Cheeks Y Childers
Y Clark,E Y Clark.H
Clark,L Y Coker
Coleman Y Colwell
Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G N Davis.M
Dixon.H Dixon.S Y Dobbs N Dover N Dunn N Edwards
N Elliott Y Felton N Fennel
Floyd,J.M Floyd,J.W N Flynt
Y Godbee Y Golden
Y Goodwin Green
E Greene N Griffin
N Groover Y Hamilton
Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert N Hightower
Y Holland Y Holmes
Howard N Hudson Y Irwin
Jackson
Jamieson Y Jenkins N Jones N Kilgore NKing
Y Kingston Y Klein YLadd N Lane,D
Lane,R N Langford E Lawrence N Lawson NLee
Long
Lord N Lucas Y Lupton NMann Y Martin
696
NMcCoy Y McKelvey N McKinney,B Y McKinney.C
Meadows Y Merritt
Milam N Mills N Mobley
Moody Y Moreberger
Moultrie Y Mueller N Oliver.C Y 01iver,M NOrr
JOURNAL OF THE HOUSE,
Y Orrock N Padgett N Parham N Parrish
Patten N Pelote N Perry Y Pettit N Pinholster
Pinkston
YPoag N Porter YPoston N Powell.A
Powell.C
N Purcell
Randall
NRay N Reaves Y Redding N Ricketson N Royal YSelman Y Sherrill N Simpson
Sinkfield N Skipper N Smith,L N Smith,P N Smith.T
Smith.W
Smyre
YSnow Stancil,F
N Stancil.S Y Stanley Y Stephens N Streat
Taylor NTeper N Thomas.C Y Thomas.M Y Thomas,N Y Thurmond N Titus Y Tolbert Y Townsend Y Turnquest
N Twiggs Y Valenti Y Vaughan N Walker,J
Walker,L Y Wall
Ware N Watson
N Watts White Wilder
Y Williams,B Williams.J
Y William8,R N Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 74, nays 63. The amendment was adopted.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken N Alford Y Atkins N Baker
Balkcom YBarfoot
Bargeron Y Barnett.B N Barnett.M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch N Bordeaux
Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush
Buck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Carter Chafin Y Chambless Cheeks Y Childere Y Clark,E Y Clark,H
Clark,L
N Coker Y Coleman Y Colwell N Connell N Culbreth Y Cummings,B
Cummings,M
Y Davis.G N Davis,M Y Dixon.H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Elliott N Felton
Y Fennel Floyd,J.M Floyd,J.W
YFlynt YGodbee Y Golden N Goodwin
Green E Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Manner Y Harris,B N Harris,J
Y Heard Y Henson
N Herbert Y Hightower Y Holland Y Holmes
Howard
Y Hudson N Irwin
Y Jackson Jamieson
Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein NLadd Y Lane,D
Lane,R Y Langford E Lawrence
Y Lawson YLee
Long
Lord
Y Lucas N Lupton YMann N Martin Y McCoy Y McKelvey Y McKinney,B Y McKinney.C
Meadows Y Merritt
Milam Y Mills
Y Mobley Moody
N Morsberger Moultrie
N Mueller Y Oliver.C N Oliver.M YOrr N Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A
Powell,C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L
Y Smith,P Y Smith.T
Smith.W Smyre YSnow Stancil.F Y Stancil,S Y Stanley N Stephens Y Streat Taylor Y Teper
Y Thomas.C Y Thomas,M N Thomas.N N Thurmond Y Titus N Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan Y Walker,J
Walker,L N Wall
Ware Y Watson
Y Watts Y White
Wilder N Williams.B
Williams.J
Y Williams.R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 111, nays 30.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
FRIDAY, FEBRUARY 8, 1991
697
Representative Alford of the 57th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 143.
Representative Coker of the 21st stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Padgett of the 86th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
By unanimous consent, the following Bill of the House was withdrawn from the Gen eral Calendar and recommitted to the Committee on Judiciary:
HB 97. By Representative Smith of the 78th:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Anno tated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, so as to change the civil penalty for the failure to supply a cancellation within the statutory time limit.
By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Game, Fish and Parks and referred to the Committee on State Planning and Community Affairs:
SB 107. By Senator Kidd of the 25th:
A bill to amend Chapter 41 of Title 43 of the Official Code of Georgia Anno tated, relating to the State Board of Recreation Examiners, so as to provide for the mandatory licensure of therapeutic recreation personnel in medically based settings and the permissive certification of recreation personnel; to define minimum qualifications for licensure or certification; to provide for the composition of the board.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 228. By Representatives Watson of the 114th, Walker of the 115th and Walker of the 113th:
A resolution commending Major General Richard F. Gillis and inviting him to appear before the House of Representatives; recognizing the Warner Robins Air Logistics Center on the occasion of its 50th Anniversary.
The following Resolutions of the House were read and adopted:
HR 249. By Representatives Henson of the 57th, Buckner of the 72nd, Lee of the 72nd and Benefield of the 72nd:
A resolution commending Scott Sink and congratulating him on the occasion of his 30th birthday.
HR 250. By Representatives King of the 72nd, Buckner of the 72nd, Chafin of the 72nd, Benefield of the 72nd and Lee of the 72nd:
A resolution commending the J.W. Arnold Elementary School.
698
JOURNAL OF THE HOUSE,
HR 251. By Representatives Smith of the 16th, Childers of the 15th, McKelvey of the 15th, Cummings of the 17th, Perry of the 5th and others:
A resolution commending the participants in the Family Community Leader ship Teams.
HR 252. By Representative Hamilton of the 124th:
A resolution commending the Student Advisory Council to the Board of Regents of the University System of Georgia.
HR 253. By Representatives Lane of the 27th and Hamilton of the 124th: A resolution commending the Barbecue Kitchen.
HR 254. By Representatives Atkins of the 21st, Aiken of the 21st, Vaughan of the 20th, Coker of the 21st, Wilder of the 21st and others:
A resolution commending the Headquarters, 265th Engineer Group of the Georgia National Guard.
HR 255. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A resolution commending and recognizing Mr. Carl E. Brack.
HR 256. By Representative Oliver of the 121st: A resolution commending Mr. Sylvester Ashford.
HR 257. By Representative Oliver of the 121st: A resolution commending Mr. Ronnie Rush.
HR 258. By Representative Oliver of the 121st: A resolution commending Mr. Woodrow Kelly.
HR 259. By Representative Oliver of the 121st: A resolution commending Ms. Tina Marie Barry.
Pursuant to HR 229, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 11, 1991.
MONDAY, FEBRUARY 11, 1991
699
Representative Hall, Atlanta, Georgia Monday, February 11, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend John E. Talley, Pastor, First Baptist Church, Fort Valley, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 639. By Representatives Alford of the 57th, Baker of the 51st and Oliver of the 53rd: A bill to amend Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to fees and costs of the magistrate courts, so as to change the fee for an application for a search or arrest warrant or a bad check citation.
Referred to the Committee on Special Judiciary.
HB 640. By Representatives Barnett of the 59th and Davis of the 45th: A bill 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 make it unlawful for dealers to sell or transfer firearms to persons who are prohibited from possessing or transporting a firearm.
Referred to the Committee on Public Safety.
700
JOURNAL OF THE HOUSE,
HB 641. By Representative Barnett of the 59th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to change the provisions relating to eligibility for retirement allowances; to change the provisions relating to retirement allowances.
Referred to the Committee on Retirement.
HB 642. By Representatives Ware of the 77th, Dunn of the 73rd, Chambless of the 133rd, Valenti of the 52nd and Childers of the 15th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for intent; to direct the Com missioner of Insurance to develop a model basic health insurance plan.
Referred to the Committee on Insurance.
HB 643. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Natural Resources, so as to provide for the promulgation of minimum standards and procedures relative to the protection of mountains and river corridors.
Referred to the Committee on Natural Resources & Environment.
HB 644. By Representatives Kilgore of the 42nd and Hamilton of the 124th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to eliminate provisions thereof referring to and authorizing criterion referenced tests and state basic skills tests.
Referred to the Committee on Education.
HB 645. By Representatives Twiggs of the 4th and Dobbs of the 74th:
A bill to amend Code Section 40-5-71 of the Official Code of Georgia Anno tated, relating to procedures upon notice of cancellation of motor vehicle insurance, so as to provide that insurers shall report the issuance of new poli cies of insurance to the Department of Public Safety.
Referred to the Committee on Public Safety.
HB 646. By Representatives Parham of the 105th, Jackson of the 9th and Barnett of the 10th:
A bill to amend Code Section 10-1-651 of the Official Code of Georgia Anno tated, relating to termination, cancellation, or nonrenewal of a motor vehicle franchise, so as to provide that the protections afforded to motor vehicle dealers shall be available to a motor vehicle distributor.
Referred to the Committee on Motor Vehicles.
MONDAY, FEBRUARY 11, 1991
701
HB 647. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to provide for the creation of one or more community improvement districts in Douglas County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 648. By Representatives Carter of the 146th and Patten of the 149th:
A bill to amend Code Section 12-5-42 of the Official Code of Georgia Anno tated, relating to cooperative efforts for the abatement of pollution, orders of abatement, and hearings, so as to provide for cooperative efforts for the abatement of violations related to the withdrawal, diversion, or impoundment of surface water.
Referred to the Committee on Natural Resources & Environment.
HB 649. By Representatives McKinney of the 40th and McKinney of the 35th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Fulton County during designated registration periods, as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 650. By Representatives Elliott of the 103rd, Titus of the 143rd and Tolbert of the 58th:
A bill to amend Code Section 48-7-21 of the Official Code of Georgia Anno tated, relating to taxation of corporations, so as to provide for an exemption from Georgia taxable net income of certain corporations having ten or fewer employees.
Referred to the Committee on Ways & Means.
HB 651. By Representatives Lupton of the 25th, Townsend of the 24th, Adams of the 79th, Lawrence of the 49th, Dover of the llth and others:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to provide that it shall be unlawful for any person to possess an open container of an alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle.
Referred to the Committee on Motor Vehicles.
HB 652. By Representatives Carter of the 146th and Patten of the 149th:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Hazardous Waste Management Act," so as to change certain definitions.
Referred to the Committee on Natural Resources & Environment.
702
JOURNAL OF THE HOUSE,
HB 653. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Code Section 48-10-2 of the Official Code of Georgia Anno tated, relating to annual license fees for the operation of vehicles, so as to change the annual license fees applicable to certain house trailers, auto trail ers, and boat trailers.
Referred to the Committee on Motor Vehicles.
HB 654. By Representatives Davis of the 29th, Jamieson of the llth, Murphy of the 18th, Orrock of the 30th, Sinkfield of the 37th and others:
A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the commission on the status of women, so as to provide for creation of the commission on women.
Referred to the Committee on Human Relations & Aging.
HB 655. By Representatives Alford of the 57th, Baker of the 51st, Teper of the 46th, Thomas of the 55th, Turnquest of the 56th and others:
A bill to create the City of DeKalb Study Commission.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 657. By Representative Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide that the interest income from cer tain reserve funds may be used to pay operating costs until June 30, 1994.
Referred to the Committee on State Planning & Community Affairs.
HB 658. By Representative Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide for the preparation, filing, availabil ity, and public notice of the Authority's annual report and certain listings.
Referred to the Committee on State Planning & Community Affairs.
HB 659. By Representative Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide clarification of the jurisdiction granted to the Authority's security and police force and to provide for quali fications and powers and grant immunity to officers of such force.
Referred to the Committee on State Planning & Community Affairs.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:
HB 660. By Representative Reaves of the 147th:
A bill to amend Code Section 2-8-53 of the Official Code of Georgia Anno tated, relating to membership of the Agricultural Commodity Commission for Peanuts, so as to provide that if only one person qualifies for a position on the commission, no election shall be required for that position and that per son shall automatically become a member of the commission.
Referred to the Committee on Agriculture & Consumer Affairs.
MONDAY, FEBRUARY 11, 1991
703
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 619 HB 622 HB 623 HB 624 HB 625 HB 626 HB 627 HB 628 HB 629 HB 630 HB 631 HB 632 HB 633 HB 634 HB 635 HB 636 HB 637 HB 638
HB 656 HR 248 SB 32 SB 71 SB 127 SB 153 SB 162 SB 163 SB 167 SB 169 SB 175 SB 177 SB 207 SB 214 SB 221 SR 90 SR 94 SR 96
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 236 Do Pass HR 246 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 133. By Senator Hasty of the 51st:
A bill to amend Code Section 44-5-60 of the Official Code of Georgia Anno tated, relating to convenants running with the land, so as to change the pro visions regarding the continuation of such covenants.
SB 142. By Senator Ramsey of the 54th:
A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Anno tated, relating to oil or hazardous material spills or releases, so as to define certain terms; to provide for reporting of spills or releases of hazardous sub stances in certain amounts.
704
JOURNAL OF THE HOUSE,
SB 164. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and others:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be dis bursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement.
SB 170. By Senator Ramsey of the 54th:
A bill to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals, so as to change the time period for perfecting a lien.
SB 171. By Senator Ramsey of the 54th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Anno tated, relating to the fees for sheriffs services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil and criminal cases.
SB 179. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, relating to water resources, so as to provide for limited immunity from liability for persons responding to an oil spill or threat of an oil spill; to pro vide for definitions; to provide for applicability; to provide for certain liabil ity regarding removal costs and damages; to provide for liability with respect to certain responsible parties.
SB 180. By Senators Ragan of the 10th, Foster of the 50th, Hasty of the 51st and others:
A bill to amend Code Section 45-20-51 of the Official Code of Georgia Anno tated, relating to definitions applicable to allowing voluntary deductions from wages or salaries of state employees for the benefit of certain charitable orga nizations, so as to change the definition of an eligible voluntary charitable organization to include the Georgia Fund for Technical and Adult Education, Inc.
SB 186. By Senators Steinberg of the 42nd, Scott of the 36th and Henson of the 55th:
A bill to amend Code Section 31-8-115 of the Official Code of Georgia Anno tated, relating to use of payments made on behalf of residents of long-term care facilities, so as to provide for irrevocable letters of credit instead of bonds for certain purposes.
SB 188. By Senators Hammill of the 3rd, Hill of the 4th and Tysinger of the 41st:
A bill to amend Chapter 19 of Title 43 of the Official Code of Georgia Anno tated, relating to geologists, so as to change certain provisions; to provide that the board may accept supervision by certain individuals; to change the provisions relating to certification in a specialty; to delete board approval of sources for seals.
MONDAY, FEBRUARY 11, 1991
705
SB 189. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 28-4-1, relating to the Legislative Services Committee of the General Assembly, so as to change the composition of the committee; to provide for related matters; to provide an effective date.
HB 2. By Representatives Childers of the 15th and Redding of the 50th:
A bill to amend Code Section 31-22-1 of the Official Code of Georgia Anno tated, relating to definitions regarding clinical laboratories, so as to include certain tissue banks under the definition of "clinical laboratories".
HB 247. By Representatives Parham of the 105th, Murphy of the 18th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-5-22 of the Official Code of Georgia Anno tated, relating to persons who may not be issued a driver's license, so as to provide for issuance of a restricted learner's permit to certain persons 14 years of age.
SB 223. By Senator Kidd of the 25th:
A bill to create a public body corporate and politic, and an instrumentality of the County of Jasper, to be known as the Jasper County Economic Devel opment Authority; to provide a short title; to define the terms used in the Act; to provide for the purposes and powers of the authority; to provide for the issuance of its revenue bonds; to provide for the authorized contents of the authority's agreements.
HB 378. By Representatives Milam of the 81st and Ware of the 77th:
A bill to repeal an Act creating a board of elections and registration in Troup County.
HB 464. By Representatives Bostick of the 138th and Carter of the 146th:
A bill to amend an Act creating a board of commissioners of Tift County, approved August 9, 1917, so as to change the compensation and salary of the chairman of the board of commissioners.
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:
SR 106. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia, to Garvis Youngblood and the accept ance of certain real property owned by Garvis Youngblood located in Bald win County, Georgia, in consideration therefor; to provide an effective date.
SR 154. By Senators Collins of the 17th and Starr of the 44th: A resolution commending Clayton County Sheriff D. G. "Bill" Lemacks.
HR 7. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law provide for a lottery or lotteries run by or on behalf of the state.
706
JOURNAL OF THE HOUSE,
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
SB 133. By Senator Hasty of the 51st:
A bill to amend Code Section 44-5-60 of the Official Code of Georgia Anno tated, relating to convenants running with the land, so as to change the pro visions regarding the continuation of such covenants.
Referred to the Committee on Judiciary.
SB 142. By Senator Ramsey of the 54th:
A bill to amend Chapter 14 of Title 12 of the Official Code of Georgia Anno tated, relating to oil or hazardous material spills or releases, so as to define certain terms; to provide for reporting of spills or releases of hazardous sub stances in certain amounts.
Referred to the Committee on Natural Resources & Environment.
SB 164. By Senators Clay of the 37th, Newbill of the 56th, Ragan of the 32nd and others:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be dis bursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement.
Referred to the Committee on Public Safety.
SB 170. By Senator Ramsey of the 54th:
A bill to amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals, so as to change the time period for perfecting a lien.
Referred to the Committee on Judiciary.
SB 171. By Senator Ramsey of the 54th:
A bill to amend Code Section 15-16-21 of the Official Code of Georgia Anno tated, relating to the fees for sheriffs services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil and criminal cases.
Referred to the Committee on Public Safety.
SB 179. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, relating to water resources, so as to provide for limited immunity from liability for persons responding to an oil spill or threat of an oil spill; to pro vide for definitions; to provide for applicability; to provide for certain liabil ity regarding removal costs and damages; to provide for liability with respect to certain responsible parties.
Referred to the Committee on Natural Resources & Environment.
MONDAY, FEBRUARY 11, 1991
707
SB 180. By Senators Ragan of the 10th, Foster of the 50th, Hasty of the 51st and others:
A bill to amend Code Section 45-20-51 of the Official Code of Georgia Anno tated, relating to definitions applicable to allowing voluntary deductions from wages or salaries of state employees for the benefit of certain charitable orga nizations, so as to change the definition of an eligible voluntary charitable organization to include the Georgia Fund for Technical and Adult Education, Inc.
Referred to the Committee on State Planning & Community Affairs.
SB 186. By Senators Steinberg of the 42nd, Scott of the 36th and Henson of the 55th:
A bill to amend Code Section 31-8-115 of the Official Code of Georgia Anno tated, relating to use of payments made on behalf of residents of long-term care facilities, so as to provide for irrevocable letters of credit instead of bonds for certain purposes.
Referred to the Committee on Human Relations & Aging.
SB 188. By Senators Hammill of the 3rd, Hill of the 4th and Tysinger of the 41st:
A bill to amend Chapter 19 of Title 43 of the Official Code of Georgia Anno tated, relating to geologists, so as to change certain provisions; to provide that the board may accept supervision by certain individuals; to change the provisions relating to certification in a specialty; to delete board approval of sources for seals.
Referred to the Committee on Natural Resources & Environment.
SB 189. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 28-4-1, relating to the Legislative Services Committee of the General Assembly, so as to change the composition of the committee; to provide for related matters; to provide an effective date.
Referred to the Committee on Rules.
SB 223. By Senator Kidd of the 25th:
A bill to create a public body corporate and politic, and an instrumentality of the County of Jasper, to be known as the Jasper County Economic Devel opment Authority; to provide a short title; to define the terms used in the Act; to provide for the purposes and powers of the authority; to provide for the issuance of its revenue bonds; to provide for the authorized contents of the authority's agreements.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 106. By Senator Kidd of the 25th:
A resolution authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia, to Garvis Youngblood and the accept ance of certain real property owned by Garvis Youngblood located in Bald win County, Georgia, in consideration therefor; to provide an effective date.
Referred to the Committee on State Institutions & Property.
708
JOURNAL OF THE HOUSE,
Representative Pettit of the 19th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:
HB 143. By Representative Watson of the 114th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Anno tated, relating to professional engineers and land surveyors, so as to change the definition of certain terms.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken N Alford N Atkins
Baker Y Balkcom YBartoot E Bargeron Y Barnett,B Y Harriett,M N Bates Y Beatty Y Benefield Y Birdsong Y Blitch N Bordeaux N Bostick Y Branch Y Breedlove N Brooks Y Brown N Brush YBuck N Buckner YByrd N Campbell
Canty N Carrell N Carter Y Chafm Y Chambless Y Cheeks Y Childere N Clark.E N Clark,H
Clark,L N Coker
Coleman Y Colwell
N Connell N Culbreth Y Cummings.B
Cumming8,M Davis.G Davis.M Y Dixon,H Y Dixon,S NDobbs Y Dover YDunn Y Edwards N Elliott Felton Y Fennel Y Floyd,J.M Y Floyd,J.W N Flynt YGodbee N Golden Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton N Hammond Y Manner Y Harris.B N Hanris,J N Heard N Henson
Y Herbert Hightower
N Holland Y Holmes Y Howard N Hudson Ylrwin Y Jackson
N Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston N Klein
Ladd YLaneJD Y Lane,R Y Langford N Lawrence Y Lawson YLee
Long YLord Y Lucas N Lupton NMann Y Martin YMcCoy Y McKelvey Y McKinney,B N McKinney.C Y Meadows N Merritt YMilam N Mills
On the motion, the ayes were 95, nays 58. The motion prevailed.
Y Mobley Y Moody
Morsberger
Y Moultrie N Mueller Y Oliver.C N Oliver.M YOrr
Orrock Y Padgett YParham Y Parrish
Patten Y Pelote N Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter NPoston Y Powell,A
Y Powell,C Y Purcell
Randall
Ray Y Reaves N Redding N Ricketson N Royal YSelman
N Sherrill N Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith,P Smith,T
Y Smith,W Smyre
YSnow N Stancil,F
Y Stancil,S Stanley
Y Stephens Y Streat N Taylor YTeper N Thomas.C
Thomas.M N Thomas.N
Thurmond N Titus N Tolbert N Townsend N Turnquest Y Twiggs N Valenti N Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts N White N Wilder N Williams,B N Williams,J N Williams,R Y Yeargin
Murphy,Spkr
Representative Morsberger of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Redding of the 50th moved that the House reconsider its action in giv ing the requisite constitutional majority to the following Bill of the House:
HB 149. By Representative Barnett of the 59th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to the uniform rules of the road, so as to prohibit operation of a radio, stereo, or other sound-making device from a motor vehicle at a level that is audible at a distance of 100 feet or more.
On the motion, the roll call was ordered and the vote was as follows:
MONDAY, FEBRUARY 11, 1991
709
Abernathy N Adams N Aiken Y Alford N Atkins Y Baker N Balkcom Y Barfoot E Bargeron N Barnett.B N Barnett.M Y Bates N Beatty Y Benefield Y Birdsong YBlitch Y Bordeaux N Bostick N Branch
N Breedlove Brooks
N Brown N Brush
YBuck Y Buckner YByrd
N CampbeU Canty
N Carrell N Carter Y Chafm Y Chambless N Cheeks Y Childers N Clark,E N Clark.H
N Clark,L N Coker
Coleman Y ColweU Y ConneU Y Culbreth Y Cumming8,B
Cummings,M Davis.G N Davis,M Y Dixon.H Y Dixon,S YDobbs Y Dover
YDunn N Edwards N Elliott N Felton Y Fennel Y Floyd,J.M Y Floyd,J.W NFlynt
N God bee N Golden
Goodwin
Y Green E Greene N Griffin
Y Groover N Hamilton Y Hammond Y Manner N Harris.B Y Harris,J N Heard N Henson
N Herbert Y Hightower Y Holland Y Holmes N Howard
N Hudson Ylrwin Y Jackson N Jamieson N Jenkins Y Jones N Kilgore
YKing Y Kingston N Klein NLadd NLane,D NLane.R
N Langford N Lawrence Y Lawson YLee
Long
Lord Y Lucas Y Lupton NMann Y Martin NMcCoy N McKelvey N McKinney,B Y McKinney.C N Meadows Y Merritt NMilam
N Mills
On the motion, the ayes were 76, nays 82. The motion was lost.
N Mobley
Y Moody Morsberger
N Moultrie N Mueller Y Oliver.C Y 01iver,M YOrr YOrrock
N Padgett N Parham Y Parrish
Patten
Y Pelote N Perry N Pettit N Pinholster
Pinkston NPoag Y Porter Y Poston N Powell,A Y Powell,C Y Purcell YRandall
NRay N Reaves Y Redding Y Ricketson Y Royal NSelman N Sherrill N Simpson Y Sinkfield N Skipper N Smith,L
N Smith,? Smith.T
Y Smith,W Smyre
YSnow Y Stancil,F N Stancil.S
Stanley Y Stephens N Streat Y Taylor YTeper
Y Thomas.C Thomas,M
Y Thomas,N Thurmond
N Titus
N Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti N Vaughan N Walker,J Y Walker,L
Wall N Ware Y Watson N Watts N White N Wilder N Williams,B Y WiIliams,J N Williams,R N Yeargin
Murphy,Spkr
Representative Morsberger of the 62nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Green of the 106th moved that the House reconsider its action in giv ing the requisite constitutional majority to the following Bill of the House:
HB 508. By Representatives Chambless of the 133rd, Childers of the 15th, Valenti of the 52nd, Carrell of the 65th and others:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning, so as to change definitions and exemptions.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy N Adams Y Aiken N Alford N Atkins N Baker
Balkcom N Barfoot E Bargeron Y Barnett,B N Barnett.M N Bates Y Beatty
Benefield
N Birdsong NBlitch N Bordeaux N Bostick N Branch N Breedlove
N Brooks Y Brown Y Brush NBuck N Buckner
NByrd
N Campbell
Canty N Carrell
Y Carter Y Chafm
N Chambless Y Cheeks N Childers Y Clark,E Y Clark.H
Clark,L Y Coker
Coleman
N ColweU N ConneU N Culbreth N Cummings,B
Cummings.M Davis.G Y Davis.M N Dixon.H N Dixon.S NDobbs Y Dover N Dunn
N Edwards
N Elliott Y Felton Y Fennel Y Floyd,J.M N Floyd,J.W N Flynt N Godbee N Golden N Goodwin Y Green E Greene Y Griffin N Groover
710
JOURNAL OF THE HOUSE,
N Hamilton N Hammond N Banner Y Harris,B N Harris,J Y Heard N Henson N Herbert N Hightower Y Holland N Holmes Y Howard Y Hudson NIrwin N Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore NKing
Kingston Y Klein YLadd
N Lane,D YLane,R
Y Langtord Y Lawrence N Lawson NLee
Long YLord
N Lucas N Lupton NMann N Martin N McCoy Y McKelvey
McKinney.B
Y McKinney.C N Meadows N Merritt NMilam N Mills
N Mobley N Moody N Morsberger
N Moultrie N Mueller Y Oliver.C N 01iver,M NOrr N Orrock N Padgett N Parham Y Parrish
Patten N Pelote N Perry N Pettit Y Pinholster
Pinkston YPoag Y Porter
N Poston Powell,A
Y Powell.C Y Purcell Y Randall YRay
N Reaves
N Redding Y Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper Y Smith,L Y Smith,?
Smith.T Y Smith,W
Smyre NSnow N Stancil.F
Y Stancil.S Stanley
N Stephens Y Streat N Taylor N Teper N Thomas.C
Thomas,M N Thomas.N
Thurmond N Titus Y Tolbert N Townsend N Turnquest N Twiggs N Valenti N Vaughan N Walker,J Y Walker,L N Wall N Ware Y Watson N Watts N White Y Wilder Y Williams,B N Williams,J Y Williams.R
Yeargin Murphy.Spkr
On the motion, the ayes were 56, nays 101. The motion was lost.
Under the general order of business, the following Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
HB 289. By Representative Oliver of the 53rd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs for protection of children, so as to change the persons who may have access to records regarding child abuse reports and change the conditions relating to such access.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 289 by striking lines 26 thru 34 of page 3 and lines 1 thru 8 of page 4 and inserting in their places the following:
"(C) Names and addresses of individuals, other than officials, employees, or agents of agencies receiving or investigating a report of abuse or treating a child or family which is the subject of a report, shall be deleted from any information released pursuant to this subsection unless the court determines that having the names and addresses open for review is essential to the research and the child, through his or her representative, gives permission to release the information."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot E Bargeron
Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark,E
Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M
Davis.G
MONDAY, FEBRUARY 11, 1991
711
Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs
Dover Y Dunn Y Edwards YElliott YFelton
Fennel
YFloyd,J.M YFloyd,J.W Y Flynt
Y Godbee Golden
Y Goodwin Y Green EGreene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones YKilgore Y King
Y Kingston Y Klein Y Ladd Y Lane.D Y Lane,R
Langford Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas
Lupton Y Mann
Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston
Y Poag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall Y Ray Y Reaves Y Redding
Y Ricketson Y Royal Y Selman
Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith.T Y Smith.W Y Smyre Y Snow Y Stancil,F Y Stancil,S
Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend
Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 279. By Representatives Dunn of the 73rd, Pinkston of the 100th, Childers of the 15th, Groover of the 99th, Connell of the 87th and others:
A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Anno tated, relating to group or blanket accident and sickness insurance, so as to prohibit certain provisions relating to the utilization and reimbursement of out-of-state mail order pharmacies in group or blanket accident and sickness insurance policies or preferred provider arrangements under such policies.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to prohibit certain provisions requiring the utilization of mail-order pharmaceutical distributors in group or blanket acci dent and sickness insurance policies; to allow other providers of pharmaceutical services the opportunity to accept the terms and conditions of reimbursement applicable to mail order pharmaceutical distributors; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, is amended by adding immediately following Code Section 33-30-4.2 a new Code section, to be designated Code Section 33-30-4.3, to read as follows:
"33-30-4.3. A policy, plan, or contract of group or blanket accident and sickness insurance issued under this chapter may not be issued, delivered, issued for delivery, or renewed on or after July 1, 1991, if such policy, plan, contract, or fund requires that insureds thereunder obtain pharmacy services, including but not limited to prescription drugs, from a mail-order pharmaceutical distributor. Insureds who do not utilize a mail order pharmaceutical distributor shall not be required to pay a copayment fee or have
712
JOURNAL OF THE HOUSE,
imposed any other condition for the receipt of pharmacy services when that payment or condition is not imposed upon those insureds who utilize a mail-order pharmaceutical distributor for those services if the provider of pharmaceutical services utilized by the insured has agreed to the same terms and conditions under which the mail-order phar maceutical distributor provides such services. Each insurer shall provide, upon the writ ten request of a provider of pharmaceutical services, the applicable terms and conditions under which the mail-order pharmaceutical distributor is reimbursed. Any provider of pharmaceutical services who accepts such applicable terms and conditions shall be reim bursed in the same manner and subject to the same terms and conditions as the mail order pharmaceutical distributor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot E Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty
Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin
Chambless Y Cheeks Y Childers
Y Clark,E Clark,H
Y Clark,L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Davis.G Y Davis,M Y Diion,H Y Dixon.S YDobbs
Dover YDunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green E Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane.D Y Lane.R Y Langford Y Lawrence Y Lawson
Lee YLong YLord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B
McKinney.C Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y 01iver,M YOrr
Orrock
Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell YRandall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith,L
Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow
Y Stancil.F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas,C Y Thomas.M Y Thomas,N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs
Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
YWare Y Watson Y Watts
White Y Wilder Y Williams,B Y WilliamM Y Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
SB 34. By Senators Turner of the 8th, Thompson of the 33rd, Broun of the 46th and others:
A bill to amend Code Section 7-1-745 of the Official Code of Georgia Anno tated, relating to the powers of business development corporations, so as to repeal the requirement that the corporation not approve any loan application unless the applicant has been refused a loan by at least two other financial institutions; to provide for applicability.
MONDAY, FEBRUARY 11, 1991
713
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abemathy Y Adams Y Aiken YAlford
Y Atkins Y Baker Y Balkcom Y Barfoot B Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty CarreU Y Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis.G Y Davis,M Y Dixon.H Y Don,S Dobbs Dover Dunn Edwards Y Elliott
Y Felton Fennel
Y Floyd,J.M Y Floyd,J.W
Flynt YGodbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover
Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane,D YLane,R
Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Lupton YMann Y Martin
YMcCoy Y McKelvey
McKinney,B McKinney,C Y Meadows Y Merritt
YMilam Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Mueller
Y Oliver.C Y 01iver,M YOrr
Orrock Y Padgett YParham YParrish
Patten Y Pelote N Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell YRandall YRay Y Reaves
Redding Y Ricketson Y Royal YSelman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y SmithJ,
Y Smith,P Y Smith,T Y Smith,W YSmyre YSnow Y StancilJ Y StancilS
Stanley Y Stephens YStreat Y Taylor Y Teper Y Thomas,C Y Thomas,M Y Thomas,N Y Thurmond
Y Titus Y Tolbert
Townaend Y Turnquest YTwiggs Y Valenti YVaughan Y Walker,J Y Walker,L Y Wall
YWare Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 150, nays 1. The Bill, having received the requisite constitutional majority, was passed.
The Speaker Pro Tern assumed the Chair.
HR 209. By Representative Orr of the 9th
A RESOLUTION
Proposing an amendment to the Constitution so as to limit persons serving in the office of Lieutenant Governor to two consecutive four-year terms of office; to provide that no person who has served two consecutive terms of office as Lieutenant Governor may be elected to that office until after the expiration of four years from the conclusion of his final term; to provide that after January 1, 1991, no person may be elected to the office of Speaker of the House of Representatives more than four times; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section III, Paragraph II of the Constitution is amended by striking in its entirety subparagraph (a) and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives and shall be elected by the House of Represen tatives from among its members. After January lj 1993, no person shall be elected to
714
JOURNAL OF THE HOUSE,
the office of Speaker of the House of Representatives more than four times in elections held after that date."
Section 2. Article V, Section I of the Constitution is amended by striking in its entirety Paragraph III and inserting in lieu thereof a new Paragraph III to read as follows:
"Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. Persons holding the office of Lieutenant Governor may succeed themselves for one four-year term of office. Persons who have held the office of Lieutenant Governor and have succeeded themselves as hereinbefore provided shall not again be eligible to be elected to that office until after the expiration of four years from the conclusion of their term as Lieutenant Governor. The Lieutenant Governor shall be the President of the Senate and shall have such executive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other pro visions of this Constitution. The compensation and allowances of the Lieutenant Gover
nor shall be as provided by law."
Section 3. 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 limit persons serving in the office of Lieutenant Governor to two consecutive four-year terms of office and provide that any person who has served two consecutive terms of office as Lieutenant Governor may be elected again to that office only after the expiration of four years from the conclusion of his final term, and to provide that no person may be elected to the office of Speaker of the House of Representatives more than four times after January 1, 1993?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
N Abernathy
N Adams N Aiken
N Alford N Atkins N Baker N Balkcom N Barfoot E Bargeron N Barnett,B N Barnett,M N Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick N Branch Y Breedlove N Brooks
N Brown Y Brush NBuck N Buckner
NByrd Y Campbell
N Canty N Carrel) N Carter N Chafin N Chambless N Cheeks N Childers N Clark.E Y Clark,H N Clark,L N Coker N Coleman N Colwell
Connell N Culbreth
N CummingSgB N Cummings,M
Davis.G Y Davis,M N Dixon.H
N Dixon,S NDobbs N Dover N Dunn
N Edwards N Elliott N Felton N Fennel N Floyd,J.M N Floyd,J.W N Flynt N God bee N Golden NGoodwin N Green E Greene
N Griffin N Groover
N Hamilton N Hammond N Hanner N Harris.B N Harris,J Y Heard N Henson N Herbert N Hightower N Holland N Holmes
N Howard N Hudson NIrwin
N Jackson N Jamieson N Jenkins Y Jones N Kilgore
NKing N Kingston N Klein
YLadd N Lane,D N Lane.R Y Langford Y Lawrence
N Lawson NLee NLong NLord N Lucas
Lupton YMann N Martin NMcCoy N McKelvey N McKinney,B N McKinney.C N Meadows
MONDAY, FEBRUARY 11, 1991
715
N Merritt NMilam N Mills N Mobley N Moody Y Morsberger N Moultrie N Mueller N Oliver.C N Oliver.M YOrr NOrrock N Padgett NParham N Parrish
Patten
N Pelote N Perry N Pettit Y Pinholster N Pinkston NPoag N Porter N Poston N Powell,A N Powell.C N Purcell NRandall
NRay N Reaves
N Redding N Ricketson N Royal NSelman N SherriU N Simpson N Sinkfield N Skipper N Smith.L N Smith.P N Smith.T N Smith.W NSmyre NSnow
N Stancil,F
Y Stancil,S Stanley
N Stephens N Streat N Taylor NTeper N Thomas,C N Thomas,M N Thomas.N N Thurmond N Titus Y Tolbert Y Townsend N Turnquest N Twiggs
N Valenti N Vaughan N Walker,J N Walker,L N Wall N Ware
N Watson N Watts Y White Y Wilder Y Williams,B N Williams,J N Williams,R N Yeargin
Murphy.Spkr
On the adoption of the Resolution, the ayes were 21, nays 151.
The Resolution, having failed to receive the requisite two-thirds constitutional major ity, was lost.
Representative Holmes of the 28th District, Chairman of the Committee on Govern mental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 500 Do Pass
Respectfully submitted, /a/ Holmes of the 28th
Chairman
Representative Lucas of the 102nd District, Chairman of the Committee on Human Relations & Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 399 Do Pass, by Substitute HB 389 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 102nd
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 234 Do Pass
716
JOURNAL OF THE HOUSE,
Respectfully submitted, /a/ Lee of the 72nd
Chairman
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 234. By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th:
A resolution congratulating the City of Hahira on the occasion of its centen nial celebration and inviting Major Jesse Parrott to appear before the House of Representatives.
By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on Banks and Banking.
SB 175. By Senators Robinson of the 16th, Johnson of the 47th, Walker of the 43rd and others:
A bill to amend Article 1 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding bonds, so as to change certain provisions relating to authorized investments for bond pro ceeds; to provide an effective date.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Public Safety and referred to the Committee on State Planning and Community Affairs:
HB 610. By Representative Lane of the 27th:
A bill to repeal an Act granting certain campus policemen in this state cer tain law enforcement powers.
By unanimous consent, the following Bill of the House was withdrawn from the Com
mittee on Public Safety and referred to the Committee on State Planning and Community Affairs:
HB 611. By Representative Lane of the 27th:
A bill to amend Code Section 50-5-184 of the Official Code of Georgia Anno tated, relating to the coordination of joint use of public safety radio services owned or used by state, county, and municipal governments, so as to change the population requirements of said Code section.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 373. By Representatives Coleman of the 118th, Kilgore of the 42nd and Murphy of the 18th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employ ment of school personnel, so as to provide for a duty-free lunch period for teachers.
MONDAY, FEBRUARY 11,1991
717
The following amendment was read and adopted:
Representatives Kilgore of the 42nd and Coleman of the 118th move to amend HB 373 as follows:
By inserting on page 1, lines 5 and 15 and on page 2, lines 5, 10 and 19 the word classroom before the word teacher.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken YAlford Y Atkins Y Baker YBalkcom YBarfoot E Bargeron YBarnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y CampbeU
Canty YCarreU Y Carter YChafm Y Chambless
Y Cheeks Y Childers Y Clark,E
Y Clark,H
Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y CummingSiB Y Cummings,M Y Davis,G Y Davis.M
Y Dixon,H Y Dixon.S
YDobbs Y Dover
YDunn Y Edwards
Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden YGoodwin Y Green
E Greene Y Griffin
Groover Y Hamilton Y Hammond Y Manner
Y Harru,B Y HarrisJ Y Heard
YHenson
Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane.D
YLane,R Y Longford Y Lawrence YLawson
YLee Long
YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C
Oliver ,M YOrr
Orrock Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal YSelman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith,P Y Smith,T Y Smith,W YSmyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Stephens YStreat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas,N
Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest YTwiggs
Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall YWare Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Thomas of the 31st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye"
thereon.
The Speaker assumed the Chair.
HB 314. By Representatives Groover of the 99th, Dunn of the 73rd and Langford of the 7th:
A bill to revise comprehensively provisions relating to motor vehicle insur ance and the reporting of motor vehicle accidents and giving proof of finan cial responsibility; to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to redesignate and revise provisions granting premium discounts with respect to motor vehicle insurance policies.
718
JOURNAL OF THE HOUSE,
The following Committee substitute was read:
A BILL
To revise comprehensively provisions relating to motor vehicle insurance; to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to substantially revise Chapter 34 of such title, the "Georgia Motor Vehicle Accident Reparations Act"; to redesignate and revise provisions granting premium discounts with respect to motor vehicle insurance policies; to repeal provisions requiring personal injury protection insurance coverage; to delete references to personal injury protection insurance coverage; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to delete references and revise references to required motor vehi cle insurance coverage under Chapter 34 of Title 33; to amend Part 8 of Article 8 of Chap ter 14 of Title 44, relating to liens of hospitals, so as to delete a reference to Chapter 34 of Title 33; to provide for the continuation of certain coverages under motor vehicle insur ance policies; to provide for notices and procedures relative thereto; to provide for rules and regulations; to provide for the filing of rates, forms, and rules; to provide for the reduction of certain rates; to provide for hearings and orders and procedures relative thereto; to provide for other matters relative to the foregoing; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1.1. Title 33 of the Official Code of Georgia Annotated, relating to the regu lation of insurance, is amended by adding at the end of Chapter 9, relating to the regula tion of rates, underwriting rules, and related organizations, three new Code sections, to be designated Code Sections 33-9-42, 33-9-43, and 33-9-44, to read as follows:
"33-9-42. (a) For each personal or family-type policy of motor vehicle insurance issued or issued for delivery in this state, there shall be offered by the insurer a reduc tion of not less than 10 percent in premiums for motor vehicle liability, first-party medi cal, and collision coverages to the policyholder if the principal driver, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy satisfies the requirements of subsection (b) of this Code section.
(b) Reductions in premiums shall be available if the principal driver: (1) Has committed no traffic offenses for the prior three years; (2) Has had no claims based on fault against an insurer for the prior three years;
and (3) Completes one of the following types of driving courses: (A) A course in defensive driving of not less than six hours from a driver improvement clinic or commercial or noncommercial driving schools approved by and under the jurisdiction of the Department of Public Safety; (B) An emergency vehicles operations course at the Georgia Public Safety Train ing Center; or (C) A course in defensive driving of not less than six hours from a driver improvement program which is administered by a nonprofit organization such as the American Association of Retired People, the American Automobile Association, the National Safety Council, or a comparable organization and which meets the stan dards promulgated by the Department of Public Safety pursuant to subsection (f) of this Code section.
(c) Upon completion of one of the driving courses specified in paragraph (3) of sub section (b) of this Code section by the principal driver, eligibility for reductions in pre miums for such policy shall continue for a period of three years, provided the principal driver under such policy does not commit a traffic offense or have a claim against the policy based on any such driver's fault.
MONDAY, FEBRUARY 11, 1991
719
(d) The Department of Public Safety shall assure through the supervision of driver improvement clinics, emergency vehicles operations courses, driver improvement pro grams administered by nonprofit organizations, and commercial or noncommercial driv ing schools approved by the Department of Public Safety that defensive driving courses shall be available and accessible wherever practicable as determined by the department to licensed drivers throughout the state.
(e) Each insurer providing premium discounts under this Code section shall provide, upon the request of the Commissioner, information regarding the amount of such dis counts in a form acceptable to the Commissioner.
(f) The power of supervision granted to the Department of Public Safety over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course. The Department of Public Safety may adopt rules and regulations necessary to carry out the provisions of this subsection. The Department of Public Safety shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state.
(g) Nothing in this Code section shall prevent an insurer from offering the reduction in premium specified in subsection (a) of this Code section to a driver who does not meet all of the requirements of subsection (b) of this Code section.
33-9-43. (a) For each personal or family-type policy of motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after October 1, 1991, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, firstparty medical, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such applica tion, of each motor vehicle covered by such policy, if that driver:
(1) Is unmarried; (2) Is enrolled as a full-time student in:
(A) High school in the junior or senior year; (B) Academic courses in a college or university; or (C) Vocational technical school; (3) Is an honor student because the scholastic records for the immediately preced ing quarter, semester, or comparable segment show that such person: (A) Ranks scholastically in the upper 20 percent of the class; (B) Has a 'B' average or better; (C) Has a 3.0 average or better; or (D) Is on the 'Dean's List' or 'Honor Roll'; and (4) Is a driver whose use of the automobile is considered by the insurer in deter mining the applicable classification. (b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan. (c) An insurer shall not be required to offer the premium reduction provided in sub section (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has: (1) Been involved in any motor vehicle accident in which that person has been judicially determined to have been at fault; (2) Been finally convicted of, pleaded nolo contendere to, or been found to have committed a delinquent act constituting any of the following offenses: (A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40; (B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or (C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or
720
JOURNAL OF THE HOUSE,
(3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-55 and that suspension has not been reversed, if appealed from. 33-9-44. It is specifically intended that the discounts provided in Code Sections 33-9-42 and 33-9-43 shall be provided by the insurer to any person who qualifies for such discounts."
Section 1.2. Said title is further amended by striking Chapter 34, known as the "Georgia Motor Vehicle Accident Reparations Act," in its entirety and inserting in its pkce a new Chapter 34 to read as follows:
"33-34-1. This chapter shall be known and may be cited as the 'Georgia Motor Vehi cle Accident Reparations Act.'
33-34-2. As used in this chapter, the term: (1) 'Motor vehicle' means a vehicle having more than three load-bearing wheels of
a kind required to be registered under the laws of this state relating to motor vehicles designed primarily for operation upon the public streets, roads, and highways and driven by power other than muscular power. The term includes a trailer drawn by or attached to such a vehicle.
(2) 'Owner' means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, the term means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity who holds the legal title to the motor vehicle or, in the event the motor vehicle is sub ject to a security agreement or lease with an option to purchase with the debtor or the lessee having the right to possession, the term means the debtor or the lessee.
(3) 'Self-insurer' means any owner who has on file with the Commissioner of Insur ance an approved plan of self-insurance which provides for coverages, benefits, and efficient claims handling procedures substantially equivalent to those afforded by a policy of automobile liability insurance that complies with all of the requirements of this chapter. 33-34-3. (a) (1) All policies of motor vehicle liability insurance issued in this state must be in accordance with the requirements of this chapter. Such policies shall con tain at least the minimum coverages required under this chapter and shall be issued for a minimum term of six months.
(2) All insurers authorized to transact or transacting insurance in this state or con trolling or controlled by or under common control by or with an insurer authorized to transact or transacting insurance in this state which issue policies or contracts pro viding motor vehicle liability insurance coverage or any other similar coverage in any state or Canadian province shall include in the policies or contracts of insurance a provision which provides at least the minimum liability coverage required under Code Section 33-34-4 with respect to motorists insured under the policies or contracts who are involved in motor vehicle accidents in this state and, notwithstanding any provi sions of the policies or contracts to the contrary, all such policies or contracts of insur ance shall be deemed to satisfy the minimum requirements of this chapter if a motorist insured under the policies or contracts of insurance is involved in a motor vehicle accident in this state.
(3) Nothing contained in this Code section shall be deemed to prohibit a nonadmitted insurer not otherwise required by paragraph (2) of this subsection to pro vide the minimum liability coverage required by Code Section 33-34-4 from providing such coverage for its insured motorists who are involved in motor vehicle accidents in this state and, to the extent that such coverage is provided, such policies or contracts shall be deemed to provide the minimum liability coverage required by this chapter.
(4) No insurer shall issue a policy of motor vehicle liability insurance without requiring advance payment for the first 60 days of coverage. Insurers may rely on the insured's statements in the policy application for the purpose of calculating the initial payment required by this paragraph. This paragraph shall not apply to any renewal or continuation of a policy, to any replacement of a policy where there is no lapse of
MONDAY, FEBRUARY 11, 1991
721
coverage, or to any personal automobile policy issued in connection with an employersponsored payroll deduction plan. This paragraph shall apply only to personal auto mobile or family-type automobile liability insurance policies.
(b) Nothing in Code Section 33-34-4 shall be construed to prohibit the issuance of policies providing coverage more extensive than the minimum liability coverage required by that Code section.
(c) Policies purporting to satisfy the requirements of Code Section 33-34-4 shall con tain a provision which states that, notwithstanding any of the other terms and condi tions of the policy, the coverage afforded shall be at least as extensive as the minimum liability coverage required.
(d) Each policy of liability insurance issued in this state providing coverage to motor vehicles owned by a person, firm, or corporation engaged in the business of selling at retail new and used motor vehicles shall provide that, when an accident involves the operation of a motor vehicle by a person who is neither the owner of the vehicle involved in the accident nor an employee of the owner and the operator of the motor vehicle is an insured under a complying policy other than the complying policy insuring
the motor vehicle involved in the accident, primary coverage as to all coverages provided in the policy under which the operator is an insured shall be afforded by the liability
policy insuring the said operator and any liability policy under which the owner is an insured shall afford excess coverages. If the liability policy under which the owner is an
insured and which affords excess coverage contains a provision which eliminates such excess coverage based on the existence of coverage provided in the operator's liability
policy, such provision of the owner's liability policy shall be void. (e) Each policy of motor vehicle liability insurance issued in this state on or after
October 1, 1991, shall provide that the requirement for giving notice of a claim, if not
satisfied by the insured within 45 days of the date of the accident, may be satisfied by an injured third party who, as the result of such accident, has a claim against the
insured; provided, however, notice of a claim given by an injured third party to an insurer under this subsection shall be accomplished by registered mail. Each policy of
motor vehicle liability insurance issued or renewed in this state on and after October 1, 1991, shall be deemed to include and construed as including the provision regarding the
notice requirements provided in this subsection. 33-34-4. No owner of a motor vehicle required to be registered in this state or any
other person, other than a self-insurer as defined in this chapter, shall operate or autho
rize any other person to operate the motor vehicle unless the owner has motor vehicle
liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under Chapter 9 of Title 40, the 'Motor Vehicle Safety
Responsibility Act.' 33-34-5. No motor vehicle shall be licensed by this state until the owner or insured
has furnished proof in the form provided in this Code section to the licensing authorities
that there is in effect the minimum liability insurance coverage required by this chapter or that there is in effect an approved self-insurance plan and that such coverage was
initially issued for a minimum term of six months. This time period shall apply only to private passenger vehicles. The commissioner of public safety shall prescribe by rules and regulations the necessary information which shall be required to be furnished in
order to satisfy this Code section; however, such information as pertains to the minimum liability insurance coverage shall contain the certification of the applicant that minimum
liability insurance is in force. 33-34-6. (a) No insurer issuing motor vehicle liability or collision insurance policies
in this state shall require a person making a claim against an insured under one of such policies to utilize a particular person, firm, or corporation to repair a motor vehicle in
order to settle a property damage liability or collision claim, if the person making the claim can obtain the repair work on the motor vehicle at the same cost from another source.
(b) This Code section shall be applicable to all motor vehicle liability policies issued in this state after October 1, 1991.
33-34-7. Upon the death of or termination of the marital relationship of a named insured under a personal lines policy of insurance covering a private passenger motor
722
JOURNAL OF THE HOUSE,
vehicle, a spouse of said named insured who was covered under said policy of insurance immediately prior to the death or termination of the marital relationship shall upon notice to the insurer or agent of the insurer continue to be covered under said policy for a period of 90 days following such death or termination of marital relationship or until the expiration of the policy term, whichever is shorter. Every personal lines policy of insurance covering a private passenger motor vehicle shall contain a provision provid ing the coverage required by this Code section; and in the absence of such a provision in such a policy the policy shall be deemed to contain such a provision."
Part 2
Section 2.1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) and paragraph (1) of subsection (c) of Code Section 40-6-270, relating to the duty of a driver to stop at or return to the scene of an accident, in their entirety and inserting in their respective places a new subsec tion (b) and paragraph (1) of subsection (c) to read as follows:
"(b) If such accident is the proximate cause of death or a serious injury as defined i Code Section 38-34-2, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years."
"(1) If such accident is the proximate cause of an injury other than a serious injury as defined Code Section 33 34-2 or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or com ply with the requirements of this Code section shall be guilty of a misdemeanor and:"
Section 2.2. Said title is further amended by striking paragraph (5) of Code Section 40-9-2, relating to definitions as used in Chapter 9 of Title 40, in its entirety and inserting in its place a new paragraph (5) to read as follows:
"(5) 'Proof of financial responsibility' means: (A) Proof of ability to respond in damages for liability on account of accidents
occurring subsequent to the effective date of said proof, in the amount of $15,000.00 because of bodily injury to or death of one person in any one accident, and subject to said limit for one person, in the amount of $30,000.00 because of bodily injury to or death of two or more persons in any one accident, and in the amount of $10,000.00 because of injury to or destruction of property of others in any one accident; or
(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; ef ;
{)--Pfeef ef- ability te respond i compensation te certain injured individuals,
pcpson tBt compliflncc witft Oftflptc? io4 'Oi i. itlc oiij tiic \j cop^td JYioior v criicic ACCITM dent Reparations Act.'"
Part 3
Section 3.1. Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals, is amended by striking Code Section 44-14-474, relating to exemptions, in its entirety and inserting in its place a new Code Sec tion 44-14-474 to read as follows:
"44-14-474. This part shall not apply to any moneys becoming due under Chapter 9 of Title 34 nef shall this part apply te benefits for less ef- income er earnings w4eh a*e provided pursuant te Chapter 34 ef !Rtle 33."
MONDAY, FEBRUARY 11, 1991
723
Part 4
Section 4.1. Except as provided in Section 4.3 of this Act, this Act shall become effective on October 1, 1991, and shall apply to policies of motor vehicle insurance issued, issued for delivery, delivered, or renewed on and after October 1, 1991. Except for an oth erwise permissible cancellation of a policy of motor vehicle insurance, coverages payable without regard to fault in motor vehicle insurance policies in existence on October 1, 1991, shall remain in effect until changed by specific request of the policyholder and reflected by endorsement to the policy or until the renewal date of the policy; provided, however, the insurer shall be required to send written notice to the policyholder of any changes in coverage to be effective upon renewal of the policy as a result of this Act not less than 60 days prior to the renewal date of the policy. Written notice to the policyholder shall be accomplished in such form and manner as prescribed by the Commissioner of Insur ance.
Section 4.2. (a) Each insurer shall file its proposed forms, manuals, underwriting rules, rates, and rating plans for coverages under motor vehicle insurance policies to be issued, issued for delivery, delivered, or renewed on and after October 1, 1991, with the Commissioner of Insurance for such examination and approval as is required by law. Rates and rating plans for motor vehicle insurance coverages filed pursuant to this subsection shall reflect a reduction of the rates or rating plans for such coverages on file with the Commissioner as of January 28, 1991, of not less than 15 percent on average, as compared to rates in effect for coverages required to be offered by the former "Georgia Motor Vehi cle Accident Reparations Act," with the exception of physical damage coverages, as speci fied in paragraph (3) of subsection (a) of former Code Section 33-34-5. On October 1, 1991, the Commissioner shall reduce by 15 percent or such higher amount as he determines appropriate, after notice and hearing as required by law, any rate or rating plan for such coverages under motor vehicle insurance policies for which no filing has been received.
(b) Any insurer aggrieved by the rate filing required pursuant to subsection (a) of this section may petition the Commissioner for a hearing to grant relief from the rate fil ing as the result of extraordinary circumstances. The insurer shall have the burden of proof to establish the extraordinary circumstances which justify relief. A hearing con ducted pursuant to this subsection shall be conducted in accordance with the provisions of Chapter 2 of Title 33. Upon conclusion of any hearing conducted pursuant to this sub section, the Commissioner shall enter an order specifying the rates to be used by the insurer and shall indicate in his order all factors entering into a decision to relieve the insurer from full compliance with the provisions of subsection (a) of this section.
Section 4.3. (a) Section 4.1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of promul gation of rules and regulations by the Commissioner of Insurance.
(b) Section 4.2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(c) This Act shall become effective for all purposes on October 1, 1991.
Section 4.4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Jackson of the 9th moves to amend the Committee substitute to HB 314 as follows:
By deleting "and" on line 25 page 2. By deleting on page 2 line 26 thru line 30 page 3: and by deleting on page 4, line 1 thru line 15, and renumber sections accordingly.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
724
JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker YBalkcom YBarfoot EBargeron Y Barnett.B Y Bamett.M
N Bates YBeatty Y Benefield Y Birdsong YBlitch N Bordeaux YBostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Y Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cumming8,M
Y Davis,G Davis.M
Y Dixon,H Y DUon,S NDobbs Y Dover YDunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt N Godbee Y Golden YGoodwin Y Green E Greene Y Griffin Y Groover Y Hamilton N Hammond Y Hanner Y Harris,B
Y Harris,J Y Heard Y Henson
Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson NIrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd YLane,D YLane,R Y Langford Y Lawrence YLawson YLee
Long YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr YOrrock
Y Padgett YParham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketson
Y Royal YSelman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith.P Y Smith,T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Y Stephens Y Streat Y Taylor
NTeper Y Thomas,C Y Thomas.M
Thomas.N N Thurmond
Titus Y Tolbert Y Townsend Y Turnquest YTwiggs Y Valenti Y Vaughan Y Walker^I Y Walker,L Y Wall YWare Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Williams.R
Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
By unanimous consent, HB 314, by substitute, as amended, was ordered immediately transmitted to the Senate.
Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following communication from the Secretary of State was received:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 918 through 972, who have registered in the Docket of Legislative Appearance as of February 8, 1991, 2:30 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 8th day of February, in the year of our Lord One Thousand Nine Hundred and
MONDAY, FEBRUARY 11, 1991
725
Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth.
/s/ Max Cleland Secretary of State
918. Perry Price Law Offices of D. Pam Monroe 180 Roswell Street Suite B Marietta, Georgia 30062
919. Raymond C. Dever Independent Education Association 1125 Carlo Woods Dr. Atlanta, Georgia 30331
920. Shawn P. Frederick Texaco, Inc. 4 Executive Park East NE Atlanta, Georgia 30329
921. Vaughn Lewis Phillips 66 Company P. 0. Box 4833 Atlanta, Georgia 30302
922. Dave Butler Phillips 66 Company P. O. Box 4833 Atlanta, Georgia 30341
923. Jane V. Cunningham Mental Health Planning Advisory Board Alternative/Atlanta: A Mental Health Union Inc. National Mental Health Consumers Association Mental Health Association of Georgia 483 Moreland Avenue NE #1 Atlanta, Georgia 30307
924. Melissa L. Palmer Georgia Occupational Therapy Association 3232 H Post Woods Drive Atlanta, Georgia 30339
925. Donna 0. Kemp Muscogee Association of Educators Georgia Association of Educators 5642 Sherborne Drive Columbus, Georgia 31909
926. Linda M. Pinson Association of Georgia Driver Improvement Clinic, Inc. 1549 Virginia Avenue College Park, Georgia 30337
927. Chip R. B. Spradley Georgians Against Smoking Pollution-GASP 3093 Dove Way Decatur, Georgia 30033
928. Aaron E. Romine Minority Professional Alliance Council 2925 Governors Court NE Marietta, Georgia 30066
929. Mary Louise Stark Georgia Citizens For The Arts 1134 Scenic Highway Lawrenceville, GA 30246
930. Wm. T. Rogers, Sr. I.A.M. and AW 1000 Innerloop Road Atlanta, Georgia 30321
931. John L. Taylor, Jr. World Wrestling Federation 3399 Peachtree Road Ste. 1700, Lenox Bldg. Atlanta, Georgia 30326
932. Kenneth D. Tapp Independent Manufacturers Rep. Assoc. 2970 Barry Avenue Smyrna, Georgia 30082
933. Susan Twilley Johnstone Cobb Chamber of Commerce P. O. Box Cobb Marietta, Georgia 30067
934. James L. Williford Machinist & Labor Council ACL-CIO 500 Cordele Ave. Albany, Georgia 31705
726
JOURNAL OF THE HOUSE,
935. Alan R. Williams Association of Machinists & Aerospace Workers Ga. Denturist Association 500 Cordele Rd. Albany, Georgia 31705
936. Rickey Garrett International Association of Machinist 1351 Beaver Oak Drive Macon, Georgia 31210
937. Tim A. Connell Georgia Residential Finance Authority 60 Executive Park South Suite 250 Atlanta, Georgia 30329
938. Moody E. Crews The Georgia Republican Alliance 999 Gate Post Lane Lawrenceville, Georgia 30244
939. J. P. Dalton Phillips 66 Company 2960 Brandywine Road Atlanta, Georgia 30302
940. Gene Roberts South Eastern Glass Protective League Glass Plastic and Molers Union Local 101 3107 Sylvan Road East Point, Georgia 30354
941. John Travis International Association of Machinist 423 Wagonwheel Trail Fairburn, Georgia 30213
942. Jim Eaton Sheet Metal Workers Local 85 Stewart Avenue Atlanta, Georgia 30303
943. Phillip A. Williams Asbestos Workers Local #48 AFL-CIO 374 Maynard Terrace SE Suite 232 Atlanta, Georgia 30316
944. Larry W. Cochran Marathon Oil/Speedway 1954 Airport Road Chamblee, Georgia 30341
945. Jay Morgan Georgia Oilmen's Assn. 271 Hillside Drive, NW Atlanta, Georgia 30342
946. James D. King, Jr. Life Insurance Company of Georgia 2274 Leafmore Drive Decatur, Georgia 30033
947. Patricia E. Wright Georgia Alliance for Children 34 Peachtree Street NW Atlanta, Georgia 30303
948. J. David Nickles Pfizer, Inc. 4360 N. E. Expressway Doraville, Georgia 30340
949. Janet Kuenzi Georgia Friends of Midwives 104 Jasmine Path Peachtree City, Ga 30269
950. Robert P. Williams, II Troutman, Sanders, Lockerman & Ashmore 1400 Candler Bldg. 127 Peachtree Street Atlanta, Georgia 30303-1810
951. Robert A. Henderson United Services Automobile Association 1300 Executive Center Drive Kogerama, Suite 3 Tallahassee, FL 32301
952. John G. Lewis Government Employees Insurance Company 5260 Western Avenue Washington, DC 20076
953. Bret Moore Exxon Company, USA 30 Perimeter Center East #100 Atlanta, Georgia 30348
954. Sharie A. Brown Mobil Oil 3225 Gallows Rd. Fairfax, VA 22037
MONDAY, FEBRUARY 11, 1991
727
955. Jill Wolfe Herbst Georgia Friends of Midwive's 813 Wyntuck Drive Kennesaw, Georgia 30144
956. James S. Turpin, Jr. National Solid Waste Management Association 1730 Rhode Island Avenue Suite 1000 Washington, DC 20036
957. W. D. Atwell Exxon Company, USA Petroleum Council of Georgia 30 Perimeter Center East Suite 100 Atlanta, Georgia 30346
958. Leonard G. Sims, Jr. Exxon Company, USA 5400 Covington Highway Decatur, Georgia 30038
959. Tamara K. Dining Georgia Environmental Project 429 Moreland Avenue Atlanta, Georgia 30303
960. Dr. Carlton Deese Chiropractic Political Action Committee, Chairman Georgia Chiropractic Association (G.C.A.) 200 Valley Hill Road Riverdale, Georgia 30274
961. Kathy Davis Atlanta Housing Neighborhood Based Non-Profit Developers 764 Grant Ter., S.E. Atlanta, Georgia 30315
962. J. D. Dennis Cobb Chamber of Commerce Civil Air Patrol, Georgia Wing Post Office Box Cobb Marietta, Georgia 30067
963. Peter C. Canfield Dow, Lohnes & Albertson One Ravinia Drive Suite 1300 Atlanta, Georgia 30346
964. Rick Davison Georgia Electric Membership Corporation 151 Ellis Street Suite 422 Atlanta, Georgia 30303
965. Read Davis Risk Insurance Management Society P. O. Box 4098 Norcross, Georgia 30091
966. Toni Tirado Atlanta Pro-Choice Action Committee 1493 McLendon Atlanta, Georgia 30307
967. Joe H. McKenzie, Jr. Engelhard Corporation Post Office Box 37 Gordon, Georgia 31031
968. David F. Dunning Southeastern Plastics Industries Recycling Alliance 100 Landmark Building Dalton, Georgia 30722
969. Warren A. Ragsdale Southern Bell 387-125 Perimeter Center West Atlanta, Georgia 30346
970. Philip J. Mitchell Interactive Health Care Services 3562 Buford Highway Atlanta, Georgia 30329
971. Dee Gray Citizens For Freedom Of Choice 6107 Cowan Mill Road Douglasville, Georgia 30135
972. Betty Lee Georgia Dentist Association Citizens For Freedom of Choice 139 Mallard Creek Lane Fayetteville, Georgia 30214
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
728
JOURNAL OF THE HOUSE,
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, FEBRUARY 12, 1991
729
Representative Hall, Atlanta, Georgia Tuesday, February 12, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called, but could not be verified due to a mechanical malfunction.
Prayer was offered by the Reverend James W. Gunter, Pastor, First Baptist Church, Lakeland, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 661. By Representatives McKinney of the 40th and McKinney of the 35th:
A bill to amend Code Section 40-2-31 of the Official Code of Georgia Anno tated, relating to five-year and annual license plates, so as to authorize each county governing authority to provide by resolution for a $2.00 fee to be charged for all county name decals issued by the county tag agent.
Referred to the Committee on Appropriations.
HB 662. By Representatives McKinney of the 40th and McKinney of the 35th:
A bill to amend Code Section 15-11-41 of the Official Code of Georgia Anno tated, relating to limitations of time on orders of disposition committing a delinquent or unruly child to the Division of Youth Services, so as to provide for additional periodic reviews for cases of children in foster care under the supervision of the Division of Family and Children Services of the Depart ment of Human Resources.
Referred to the Committee on Human Relations & Aging.
730
JOURNAL OF THE HOUSE,
HB 663. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd, Barnett of the 59th, Jackson of the 9th and others:
A bill to provide for the determination of the millage rate by the governing authorities of Gwinnett County and the Gwinnett County School District.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 664. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd, Barnett of the 59th, Jackson of the 9th and others:
A bill to amend the Gwinnett County Recreation Authority Act, so as to pro vide for the determination of the millage rate for the Gwinnett County Recreation Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 665. By Representatives Hamilton of the 124th, Merritt of the 123rd, Bordeaux of the 122nd, Pelote of the 127th, Mueller of the 126th and others:
A bill to amend an Act entitled "To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah," so as to provide for residency requirements for the Mayor and Aldermen of the City of Savannah.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 666. By Representative Meadows of the 91st:
A bill to amend Code Section 36-62-4 of the Official Code of Georgia Anno tated, relating to development authorities, so as to change the maximum number of directors of a development authority.
Referred to the Committee on Industry.
HB 667. By Representative Meadows of the 91st:
A bill to amend an Act incorporating the Town of Gay in Meriwether County, so as to provide for the appointment of a mayor pro tempore.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 668. By Representatives McKelvey of the 15th and Childers of the 15th:
A bill to amend Code Section 48-5-11 of the Official Code of Georgia Anno tated, relating to returns of residents for ad valorem taxation, so as to pro vide that personal property maintained outside of the state shall not be taxed in this state.
Referred to the Committee on Ways & Means.
HB 669. By Representatives Klein of the 21st, Clark of the 20th (Post 3), Coker of the 21st, Hammond of the 20th, Clark of the 20th (Post 4) and others:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of superior court judges for each judicial circuit, so as to increase to eight the number of judges for the Cobb Judicial Circuit.
Referred to the Committee on Judiciary.
TUESDAY, FEBRUARY 12, 1991
731
HB 670. By Representatives Klein of the 21st, Holmes of the 28th, Heard of the 43rd and Goodwin of the 63rd:
A bill to amend Code Section 21-2-267 of the Official Code of Georgia Anno tated, relating to equipment at polling places, so as to require that certain summaries of proposals to amend the Constitution or provide for a new Con stitution be provided in polling places.
Referred to the Committee on Governmental Affairs.
HB 671. By Representative Purcell of the 129th:
A bill to amend Code Section 40-6-3 of the Official Code of Georgia Anno tated, relating to the application of the uniform rules of the road to highways and exceptions to such requirements, so as to provide that the uniform rules of the road shall apply to vehicles operated within a privately owned residen tial area under certain circumstances.
Referred to the Committee on Motor Vehicles.
HB 672. By Representatives Poag of the 3rd, Mann of the 6th and Griffin of the 6th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.
HB 673. By Representatives Hightower of the 36th and McKinney of the 35th:
A bill to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the "Georgia Death Investigation Act," so as to change certain definitions within such article.
Referred to the Committee on Judiciary.
HB 674. By Representative Groover of the 99th:
A bill to amend Code Section 32-3-1 of the Official Code of Georgia Anno tated, relating to the authority to acquire property for public road and other transportation purposes, so as to provide that a public road purpose shall include state and federal required wetland mitigation.
Referred to the Committee on Judiciary.
HB 675. By Representative Alford of the 57th:
A bill to amend Code Section 20-2-143 of the Official Code of Georgia Anno tated, relating to sex education and AIDS prevention instruction, so as to provide a definition; to provide that a course of study in sex education and AIDS prevention instruction shall teach abstinence from sexual contact as an effective method of prevention of pregnancy and sexually transmitted dis ease.
Referred to the Committee on Education.
732
JOURNAL OF THE HOUSE,
HB 676. By Representative Redding of the 50th:
A bill to amend Code Section 3-6-21.2 of the Official Code of Georgia Anno tated, relating to Sunday sales on farm wineries, so as to allow the sale of wine by farm wineries in remote tasting rooms on Sundays where local laws permit.
Referred to the Committee on Regulated Beverages.
HR 260. By Representatives Goodwin of the 63rd, Heard of the 43rd, Lawrence of the 49th and Felton of the 22nd:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of special judicial circuits; to provide for the establish ment, jurisdiction, operation, and financing of investigative grand juries, trial juries, courts, and personnel in the special judicial circuits.
Referred to the Committee on Judiciary.
HR 261. By Representatives Mann of the 6th, Morsberger of the 62nd, Poag of the 3rd, Lawrence of the 49th and Davis of the 45th:
A resolution urging the United States Congress to open the cable industry to more competition in the marketplace.
Referred to the Committee on Industry.
By unanimous consent, the following Bills and Resolution of the House and Senate were read the second time:
HB 639 HB 640 HB 641
HB 642 HB 643 HB 644
HB 657 HB 658 HB 659
HB 660 SB 133 SB 142
HB S
HHRB S64S7
HHBB 664498 HB 650
HB 651 HB 652
HB 653 HB 654
HB 655
SB 164
SoBn 1177,
??B, 1"7J9 B 18
SB 186 SB 188
SB 189 SB 223
SR 106
Representative Smyre of the 92nd District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 406 Do Pass, by Substitute
TUESDAY, FEBRUARY 12, 1991
733
Respectfully submitted, M Smyre of the 92nd
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 97 Do Pass, by Substitute HB 329 Do Pass, by Substitute
HB 528 Do Pass, by Substitute SB 153 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Cummings of the 17th District, Chairman of the Committee on Retire ment, submitted the following report:
Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 46 Do Pass HB 296 Do Pass HB 580 Do Pass
HB 637 Do Pass HB 656 Do Pass
Respectfully submitted, M Cummings of the 17th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 247 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
734
JOURNAL OF THE HOUSE,
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 607 Do Pass HB 608 Do Pass HB 609 Do Pass HB 611 Do Pass HB 612 Do Pass HB 614 Do Pass HB 615 Do Pass
HB 657 Do Pass HB 658 Do Pass HB 659 Do Pass HB 208 Do Pass, by Substitute HB 602 Do Pass, as Amended SB 107 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 619 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
By unanimous consent, the following Bill of the House was taken up for consideration and read the third time:
HB 619. By Representative Ray of the 98th:
A bill to amend an Act providing a new charter for the City of Fort Valley, so as to change the time for holding municipal elections; to change the quali fications for office of mayor or alderman.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
TUESDAY, FEBRUARY 12, 1991
735
SB 52. By Senators Clay of the 37th, Newbill of the 56th and Thompson of the 33rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that it shall be unlawful for any person to possess an open container of an alcoholic beverage while oper ating a motor vehicle or while a passenger in a motor vehicle; to provide for a definition; to provide for exceptions; to provide for a penalty.
SB 155. By Senators Scott of the 36th, Foster of the 50th and Kidd of the 25th:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the maximum age at which a child is required to be enrolled in a public school, private school, or home study program; to change the provi sions relating to exemptions from compulsory attendance; to provide for an effective date.
SB 158. By Senators Coleman of the 1st and Hill of the 4th:
A bill to amend Code Section 32-6-51 of the Official Code of Georgia Anno tated, relating to the prohibition and regulation of signs, signals, devices, or structures on or near the rights of way of public roads, so as to authorize the erection and maintenance of bus shelters on rights of way of public roads; to authorize commercial advertisements on such bus shelters.
SB 160. By Senator English of the 21st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to the licensing of auctioneers, so as to authorize the Georgia Auctioneers Commission to require continuing education; to change the pro visions of reciprocity; to authorize the commission to charge fees.
SB 161. By Senator English of the 21st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to provide for the creation of the auction eers education, research, and recovery fund; to provide for fees; to provide for the use of such fund; to provide for the administration of the fund; to provide for a minimum balance; to provide for claims, payments, and liabil ity.
SB 168. By Senators Kidd of the 25th, Walker of the 43rd, Langford of the 35th and others:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Anno tated, relating to architects, so as to provide for the registration and regula tion of registered interior designers; to define certain terms; to designate certain Code sections as an article of Chapter 4 of Title 43; to create the State Board of Registration of Interior Designers as a division of the State Board of Architects.
SB 241. By Senator Timmons of the llth:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Miller County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
736
JOURNAL OF THE HOUSE,
HB 490. By Representatives Griffin of the 6th, Mann of the 6th and Poag of the 3rd:
A bill to provide for shortening the terms of office and for the election of members of the Board of Education of Whitfield County.
HB 524. By Representative Murphy of the 18th:
A bill to amend an Act reincorporating the City of Tallapoosa in the County of Haralson, as amended, so as to change provisions relating to the tenure of office and removal from office of the City Manager of the City of Tallapoosa.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 462. By Representative Harris of the 84th:
A bill to amend an Act placing the county officers of McDuffie County on an annual salary, so as to provide for appointment of a deputy coroner by the coroner; to provide for the salary of the deputy coroner.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 192. By Senators Olmstead of the 26th, Taylor of the 12th and Harris of the 27th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning, so as to abolish the Health Policy Council and create in its place the Health Strategies Council and provide for the composition and functions thereof; to provide for appointment and con firmation of members; to provide for member's terms, qualifications, removal, vacancies, and compensation; to provide for organization of the council; to provide for effective dates.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 95. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to housing in general, so as to delete provisions relating to the Georgia Residential Finance Authority and thereby abolish the Georgia Resi dential Finance Authority; to provide for designation of the Georgia Capital Finance Authority as the State Office of Housing.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 52. By Senators Clay of the 37th, Newbill of the 56th and Thompson of the 33rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that it shall be unlawful for any person to possess an open container of an alcoholic beverage while oper ating a motor vehicle or while a passenger in a motor vehicle; to provide for a definition; to provide for exceptions; to provide for a penalty.
Referred to the Committee on Regulated Beverages.
TUESDAY, FEBRUARY 12, 1991
737
SB 95. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 3 of Title 8 of the Official Code of Georgia Anno tated, relating to housing in general, so as to delete provisions relating to the Georgia Residential Finance Authority and thereby abolish the Georgia Resi dential Finance Authority; to provide for designation of the Georgia Capital Finance Authority as the State Office of Housing.
Referred to the Committee on Appropriations.
SB 155. By Senators Scott of the 36th, Foster of the 50th and Kidd of the 25th:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the maximum age at which a child is required to be enrolled in a public school, private school, or home study program; to change the provi sions relating to exemptions from compulsory attendance; to provide for an effective date.
Referred to the Committee on Education.
SB 158. By Senators Coleman of the 1st and Hill of the 4th:
A bill to amend Code Section 32-6-51 of the Official Code of Georgia Anno tated, relating to the prohibition and regulation of signs, signals, devices, or structures on or near the rights of way of public roads, so as to authorize the erection and maintenance of bus shelters on rights of way of public roads; to authorize commercial advertisements on such bus shelters.
Referred to the Committee on Transportation.
SB 160. By Senator English of the 21st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to the licensing of auctioneers, so as to authorize the Georgia Auctioneers Commission to require continuing education; to change the pro visions of reciprocity; to authorize the commission to charge fees.
Referred to the Committee on Industry.
SB 161. By Senator English of the 21st:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to provide for the creation of the auction eers education, research, and recovery fund; to provide for fees; to provide for the use of such fund; to provide for the administration of the fund; to provide for a minimum balance; to provide for claims, payments, and liabil ity.
Referred to the Committee on Industry.
SB 168. By Senators Kidd of the 25th, Walker of the 43rd, Langford of the 35th and others:
A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Anno tated, relating to architects, so as to provide for the registration and regula tion of registered interior designers; to define certain terms; to designate certain Code sections as an article of Chapter 4 of Title 43; to create the State Board of Registration of Interior Designers as a division of the State Board of Architects.
Referred to the Committee on Industry.
738
JOURNAL OF THE HOUSE,
SB 192. By Senators Olmstead of the 26th, Taylor of the 12th and Harris of the 27th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning, so as to abolish the Health Policy Council and create in its place the Health Strategies Council and provide for the composition and functions thereof; to provide for appointment and con firmation of members; to provide for member's terms, qualifications, removal, vacancies, and compensation; to provide for organization of the council; to provide for effective dates.
Referred to the Committee on Health & Ecology.
SB 241. By Senator Timmons of the llth:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Miller County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs - Local.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 462. By Representative Harris of the 84th:
A bill to amend an Act placing the county officers of McDuffie County on an annual salary, so as to provide for appointment of a deputy coroner by the coroner; to provide for the salary of the deputy coroner.
The following Senate substitute was read:
A BILL
To amend an Act placing the county officers of McDuffie County on an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3899), so as to provide for appointment of a deputy coroner by the coroner; to provide for the salary of the deputy coroner; to provide for powers and duties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act placing the county officers of McDuffie County on an annual sal ary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 3899), is amended by adding a new Section 5B to read as follows:
"Section 5B. The coroner of McDuffie County shall appoint a deputy coroner who shall serve at the pleasure of the coroner and may be replaced by the coroner at any time. The deputy coroner shall possess the qualifications for office and have the powers and duties specified in Code Section 45-16-7 of the O.C.G.A. The deputy coroner of McDuffie County shall receive an annual salary of $1,200.00 per year, payable in equal monthly installments from county funds."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Harris of the 84th moved that the House agree to the Senate substi tute to HB 462.
TUESDAY, FEBRUARY 12, 1991
739
On the motion the ayes were 110, nays 0. The motion prevailed.
Under the general order of business, the following Bills and Resolution of the House were taken up for consideration and read the third time:
HB 424. By Representatives McKinney of the 40th, Redding of the 50th, Davis of the 29th and Thomas of the 55th:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to authorize additional state grants to hospital authorities for public health purposes.
The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend HB 424 by striking "hospital authorities" on lines 4 and 16 of page 1 and inserting in their places "any hospital author ity".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron
Y Barnett,B Y Bamett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick
Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings.B
Cummings,M Davis,G
Y Davis.M Y Dixon,H
Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green E Greene
Griffin Y Groover Y Hamilton Y Hammond Y Banner
Harris,B Y HarrisJ Y Heard Y Henson
Y Herbert Hightower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson
Y Jamieson Y Jenkins Y Jones
Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D
Lane.R Y Langford Y Lawrence Y'Lawson YLee YLong YLord Y Lucas
Lupton Y Mann Y Martin Y McCoy Y McKelvey " McKinney.B Y McKinney.C
Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C
Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L
On the passage of the Bill, as amended, the ayes were 156, nays 0.
Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M
Y Thomas,N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy.Spkr
740
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 403. By Representative Thomas of the 69th:
A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that the annual advertisement of the date of the monthly board meeting may be published in a newspaper having a general circulation in the county at least equal to that of the legal organ of the county.
The following Committee substitute was read and adopted:
A BILL
To amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to local boards of education, so as to provide that the annual advertisement of the date of the monthly board meeting may be published either in a newspaper having a general circulation in the county at least equal to that of the legal organ of the county or in the legal organ of the county; 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 3 of Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to local boards of education, is amended by striking Code Section 20-2-58, relating to regular monthly meetings of county school boards, in its entirety and inserting the following:
"20-2-58. It shall be the duty of each local board of education to hold a regular meeting during each calendar month for the transaction of business pertaining to the public schools. Any such meeting may be adjourned from time to time, and, in the absence of the president or secretary, the members of the local board may appoint one of their own number to serve temporarily. The local board shall annually determine the date of its meeting and shall publish it either in the official county organ or, at the option of the local board of education, in a newspaper having a general circulation in said county at least equal to that of the official county organ for two consecutive weeks following the setting of the date; provided, however, that the date shall not be changed more often than once in 12 months and, if changed, the new date shall also be published as provided in this Code section."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beatty
Y Benefleld Y Birdsong
N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner
YByrd
Y Campbell
Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark,L Y Coker Y Coleman
Y Colwell Y Connell Y Culbreth
Cummings,B Cummings.M Davis.G Y Davis,M Y Dixon.H
Dixon,S Y Dobbs Y Dover NDunn Y Edwards
Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin Y Green E Greene
Griffin Y Groover
TUESDAY, FEBRUARY 12, 1991
741
Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert
Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones
Kilgore YKing Y Kingston Y Klein YLadd
YLane,D Y Lane,R N Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberger
Y Moultrie Mueller Oliver.C
Y Oliver,M YOrr
Orrock Y Padgett YParham YParrish
Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston
NPoag Y Porter
YPoston Y Powell,A Y Powell,C Y Purcell
Randall YRay
Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith,L Y Smith,P
Smith,T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor YTeper
Y Thomas.C
Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 144, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 469. By Representatives Thomas of the 69th, Chambless of the 133rd, Lee of the 72nd and Groover of the 99th:
A bill to amend Code Section 17-7-131 of the Official Code of Georgia Anno tated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to provide that the Department of Human Resources shall have the independent right once every 12 months to request a release hearing for a defendant; to provide for criteria for the court to maintain custody and control of the defendant.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Y Campbell
Canty Y Carrell Y Carter Y Chafin
Y Chambless Y Cheeks
Y Childers Y Clark,E Y Clark.H Y Clark,L
Y Coker Y Coleman
Colwell
Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Davis.G Y Davis.M Y Dixon.H Y Dixon,S YDobbs Y Dover
YDunn Y Edwards Y Elliott Y Felton
Y Fennel
Y Floyd,J.M FloydJ.W
YFlynt Y Godbee Y Golden YGoodwin
Y Green E Greene
Griffin
Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert
Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton
YMann Y Martin Y McCoy Y McKelvey Y McKirmey,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Y Randall YRay Y Reaves
742
JOURNAL OF THE HOUSE,
Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith,P Y Smith.T Y Smith.W Y Smyre YSnow
Y Stancil,F Y Stancil,S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond
Y Titus Y Tolbert
Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware
Y Watson Y Watts Y White
Wilder Y Williams,B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 162, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HR 162. By Representatives Connell of the 87th and Murphy of the 18th: A resolution naming the "Steve Polk Plaza".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Buckner
YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M
Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn
Y Edwards Y Elliott Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B
Y Harris.J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston
Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows
Y Merritt Milam
Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr YOrrock
Y Padgett YParham Y Parrish Y Patten Y Pelote
Y Perry Y Pettit
Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Poweil.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Y Skipper Y Smith,L
Y Smith.P Y Smith.T Y Smith.W
Y Smyre YSnow Y Stancil,F Y Stancil.S
Y Stanley Y Stephens
Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson
Y Watts Y White Y Wilder
Williams.B
Y Williams,J Y Williams,R Y Yeargin Y Murphy.Spkr
On the adoption of the Resolution, the ayes were 172, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
Representative Williams of the 48th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye"
thereon.
TUESDAY, FEBRUARY 12, 1991
743
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 331 Do Pass HB 248 Do Pass, as Amended
Respectfully submitted, !&/ Randall of the 101st
Chairman
Under the general order of business, the following Bill and Resolution of the House were taken up for consideration and read the third time:
HB 328. By Representative Edwards of the 112th:
A bill to amend Code Section 31-22-4 of the Official Code of Georgia Anno tated, relating to the examination of human specimens by clinical laborato ries, so as to provide that nothing in said Code section shall be construed to prohibit such examination at the request of a licensed doctor of chiropractic.
The following amendment was read and adopted:
The Committee on Health and Ecology moves to amend HB 328 by adding "or require" after "prohibit" on line 4 of page 1 and by adding "or require" after "prohibit" on line 18 of page 1.
The following amendment was read and adopted:
Representatives Childers of the 15th and Edwards of the 112th move to amend HB 328 by adding on line 6 of page 1 following "chiropractic;" the following:
"to provide that certain insurers shall not be required to reimburse a chiropractor for services relating to clinical laboratory examinations;".
By adding on line 20 of page 1 after "chiropractic" the following:
", provided that no insurer subject to Code Section 33-24-27 shall be required to reim burse a chiropractor for any interpretations, reviews, or discussions relating to the results of such an examination".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams N Aiken Y Alford N Atkins
Y Baker Y Balkcom
Barfoot Bargeron Y Barnett,B Y Barnett.M N Bates
Y Beatty Y Benefield
Y Birdsong N Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks
Y Brown N Brush Y Buck Y Buckner
Byrd
Y Campbell N Canty
Carrell N Carter Y Chafin N Chambless
Cheeks
Y Childers Y Clark.E
744
JOURNAL OF THE HOUSE,
N Clark.H Clark,L
N Coker Coleman Colwell
Y Connell Y Culbreth Y Cummings,B
Cumminga,M Davis.G Y Davis.M N DUon,H Dixon.S Dobbs Y Dover
YDunn Y Edwards
Y Elliott N Felton Y Fennel
Floyd,J.M Y Floyd,J.W YFlynt Y Godbee N Golden YGoodwin N Green E Greene
Griffin
Y Groover
Y Hamilton Y Hammond
Y Manner Y Harris,B Y Harri8,J Y Heard N Henson N Herbert N Hightower
N Holland Y Holmes
Howard N Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins N Jones
Kilgore YKing Y Kingston Y Klein NLadd Y Lane,D YLane,R Y Langford Y Lawrence Y Lawson
Lee YLong NLord Y Lucas
Lupton
YMann Y Martin YMcCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C N Oliver.M YOrr YOrrock Y Padgett YParham Y Parrish
Patten Y Pelote
Y Perry Pettit
Y Pinholster Pinkston
NPoag Y Porter YPoston Y Powell,A Y Powell.C N Purcell Y Randall
Ray Y Reaves Y Redding N Ricketson
N Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith,L Smith,P
Y Smith.T Y Smith.W Y Smyre YSnow N Stancil,F Y Stancil.S
Y Stanley N Stephens
S treat Y Taylor YTeper Y Thomas.C Y Thomas,M N Thomas,N Y Thurmond Y Titus Y Tolbert
N Townsend Y Turnquest
Twiggs
Y Valenti N Vaughan Y Walker,J
Walker,L Y Wall
Ware
Watson Watte N White Y Wilder Williams.B Williams,J N Williams,R Y Yeargin Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 111, nays 34.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representatives Streat of the 139th and Williams of the 48th stated that they had been called from the floor of the House during the preceding roll call. They wished to be
recorded as voting "aye" thereon.
Representatives Brush of the 83rd and Henson of the 57th stated that they inadvert ently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye"
thereon.
Representative Clark of the 20th (Post 4), Hammond of the 20th and Mills of the 20th stated that they inadvertently voted "aye" on the preceding roll call. They wished to be
recorded as voting "nay" thereon.
HR 116. By Representative Lane of the 27th:
A resolution creating the House Local Government Licenses and Permits Study Committee.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 102, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
Under the general order of business, the following Bill of the House, by substitute, as amended, was again taken up for consideration:
HB 143. By Representative Watson of the 114th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Anno tated, relating to professional engineers and land surveyors, so as to change the definition of certain terms.
TUESDAY, FEBRUARY 12, 1991
745
The following amendment was read:
Representative Watson of the 114th moves to amend the Committee substitute to HB 143 as follows:
By deleting the amendment by Dobbs of the 74th which struck the word "the" on page 5 line 19 and inserted "excluding design, the".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Abemathy Y Adams N Aiken N Alford N Atkins N Baker Y Balkcom
Barfoot Y Bargeron
Y Barnett,B N Barnett,M
N Bates Y Beatty N Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks N Brown N Brush NBuck Y Buckner YByrd N Campbell N Canty N Carrell Y Carter YChafin Y Chambless N Cheeks N Childere N Clark,E N Clark,H
Clark,L
N Coker Coleman
Y Colwell N Connell N Culbreth
Cummings,B Cummings,M Davis,G N Davis.M
Y Diw>n,H Dixon.S
Dobbs Y Dover
Dunn Edwards Y Elliott N Felton Y Fennel N Floyd,J.M Y Floyd,J.W YFlynt YGodbee N Golden N Goodwin Y Green E Greene Griffin Y Groover Hamilton N Hammond Manner N Harris.B N Harris,J N Heard N Henaon
N Herbert N Hightower Y Holland N Holmes
Howard Y Hudson NIrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore
NKing N Kingston N Klein NLadd Y Lane.D YLane,R N Langford N Lawrence Y Lawson
Lee YLong YLord Y Lucas N Lupton NMann N Martin NMcCoy N McKelvey N McKinney.B N McKinney.C N Meadows N Merritt
Milam N Mills
Y Mobley N Moody
N Morsberger Y Moultrie
Mueller Y Oliver.C
N Oliver,M YOrr
N Orrock N Padgett
Parham Y Parrish
Patten N Pelote
N Perry Pettit
Y Pinholster Pinkston
NPoag Y Porter YPoston Y Powell,A N Powell,C N Purcell Y Randall
YRay Y Reaves N Redding N Ricketson Y Royal Y Selman Y Sherrill
Simpson Sinkfield Y Skipper Y Smith,L
Smith.P Y Smith,T
Smith.W YSmyre NSnow
N Stancil,F Y Stancil,S N Stanley N Stephens Y Streat N Taylor Y Teper Y Thomas,C N Thomas,M N Thomas,N
Thurmond Y Titus
Tolbert N Townsend
N Turnquest YTwiggs N Valenti N Vaughan
Y Walker,J Y Walker,L N Wall
Ware Y Watson
Watts N White N Wilder N Williams.B Y Williams,J N Williams.R Y Yeargin
Murphy,Spkr
On the adoption of the amendment, the ayes were 69, nays 78. The amendment was lost.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Barfoot
Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Y Blitch Y Bordeaux
Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
YChafin Y Chambless N Cheeks Y Childere Y Clark,E Y Clark,H
Clark,L
Y Coker Y Coleman
Colwell Y Connell Y Culbreth
Cummings.B CumminggfM Davis.G
Y Davis.M Y DiH>n,H
Dixon.S
Dobbs Y Dover
YDunn Edwards
Y Elliott Y Felton Y Fennel Y FloydJ.M Y FloydJ.W
YFlynt YGodbee Y Golden
Y Goodwin
Y Green E Greene
Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Haj-ris.B YHarriM Y Heard Y Henson Y Herbert Y Hightower Y Holland
746
JOURNAL OF THE HOUSE,
Y Holmes Howard
Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore
YKing N Kingston Y Klein
NLadd YLane,D
YLane,R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Y Lucas Lupton
YMann Y Martin
YMcCoy Y McKelvey Y McKinney.B
Y McKinney.C Y Meadows
Y Merritt Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
N Padgett Y Parharo
Y Parrish Patten
Y Pelote
Y Perry Pettit
Y Pinholster
Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell YRandall YRay
Y Reaves Y Redding Y Ricketson Y Royal
Y Selman Y Shemll
Simpson Y Sinkfleld Y Skipper Y Smith.L
Smith,? Y Smith.T Y Smith,W
Y Smyre Y Snow Y Stancil.F
Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert N Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson
Watts Y White Y Wilder Y Williams,B
Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 149, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 268. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Hamilton of the 124th:
A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Anno tated, relating to lobbying and representation by agents in the General Assembly, so as to require persons representing departments, boards, agen cies, associations, commissions, councils, and other entities of state govern ment to register with the Secretary of State.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing persons or organizations before the General Assembly, so as to require persons representing state departments, agencies, boards, commissions, or authorities to register; to exempt such state officials from the registration fee; to provide for an exception; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 28-7-2 of the Official Code of Georgia Annotated, relating to registration with the Secretary of State of persons representing persons or organizations before the General Assembly, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 28-7-2 to read as follows:
"28-7-2. (a) Every person representing, with or without compensation, any person, firm, corporation, association, or organization or who is designated to represent any department, board, agency, commission, or authority of state government for the pur pose of aiding or opposing, directly or indirectly, the enactment of a bill or bills or a resolution or resolutions by either house of the General Assembly shall file in the office of the Secretary of State a writing, subscribed by such person, stating the name of the person, firm, corporation, association, or organization or the state department, board,
TUESDAY, FEBRUARY 12, 1991
747
agency, commission, or authority that he represents. This registration shall be valid for only one regular or extraordinary session of the legislature. It shall be the duty of the Secretary of State to provide a suitable docket for such registration, which shall be known as the docket of legislative appearance, with appropriate indices, and to enter promptly therein the names of the parties appearing and on whose behalf they appear. Such docket shall be open to inspection.
(b) Each person registering with the Secretary of State shall pay to him a registra tion fee of $5.00j provided that a person who represents any department, board, agency, commission, or authority of state government shall be exempted from payment of such registration fee. As soon as practicable after registering any such person, the Secretary of State shall issue to him an identification card which shall have printed thereon the name of the registered person and the person, firm, corporation, association, or organiza tion or state department, board, agency, commission, or authority he represents, pro vided that, when any such person represents more than one person, firm, corporation, association, or organization or state department, board, agency, commission, or authority, such identification card shall have printed thereon the name of the registered person and the words 'REGISTERED AGENT.' Any such person, while in the state capitol during such times as the General Assembly shall be in session, shall have said identification on his person and shall make it available for inspection by all legislators who shall request it of him. At the beginning of each annual session of the General Assembly, the Secretary of State shall report to each house of the General Assembly those persons who have registered with him, along with the respective persons, firms, corporations, or associations or state departments, boards, agencies, commissions, or authorities they represent. During sessions of the General Assembly, the Secretary of State shall periodically report to each house those persons who have registered with him since the convening of the General Assembly. The reports of the Secretary of State shall be entered in the journal of each house. All members of the House and Senate shall have the responsibility of bringing to the attention of the rules committee of each respective house violations of this Code section and chapter; and the chairmen of the respective rules committees shall have the responsibility of reporting such violations to appropriate officials.
(c) Subsections (a) and (b) of this Code section shall not be construed to apply to any citizen who expresses his personal views, on his own behalf, to any member of the General Assembly on any measure pending before either house of the General Assembly.
(d) Subsections (a) and (b) of this Code section shall not be construed to apply to any person who appears before a committee of either or both houses of the General Assembly for the purpose of expressing his views or giving testimony when such person is not otherwise required to comply with subsections (a) and (b) of this Code section.
(e) Subsections (a) and (b) of this Code section shall not apply to any employee of any department, board, agency, commission, or authority of state government appearing before a legislative committee at the committee's request or to any person who furnishes information on request to a member of the General Assembly or to a department head or constitutional officer representing that department or office."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams YAiken
Alford Y Atkins
Baker YBalkcom
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty
Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty
Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E
748
JOURNAL OF THE HOUSE,
Y Clark,H Y Clark.L
Coker Y Coleman Y ColweU Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis.G Y Davis,M Y Diion,H Y DUon,S Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green E Greene Griffin
Y Groover Hamilton
Y Hammond Hanner
Y Harris.B Y Harris,J Y Heard YHenson Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson
Y Jamieson Y Jenkins
Y Jones Y Kilgore
King Y Kingston Y Klein YLadd Y Lane,D YLane,R Y Langford
Lawrence Y Lawson
YLee YLong YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney.B McKinney.C Y Meadows
Y Merritt Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock
Padgett YParham YParrish Y Patten Y Pelote
Y Perry Y Pettit Y Pinholster
Pinks ton
YPoag Y Porter YPoston Y PowelUV Y Powell,C Y Purcell
Randall
YRay Y Reaves
Redding
Y Ricketson Y Royal YSelman
Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith,T Y Smith,W Y Smyre
Snow Y Stancil,F Y Stancil.S
Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond
Titus
Y Tolbert Y Townsend
Tumquest YTwiggs Y Valenti
Vaughan Y Walker,J
Walker,L Y Wall YWare
Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representatives Vaughan of the 20th and Hamilton of the 124th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 358. By Representatives Barnett of the 10th, Parham of the 105th and Harris of the 84th:
A bill to amend Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after comple tion of defensive driving course or alcohol and drug program, so as to provide for criminal records checks and determinations based thereon for operators and instructors of DUI alcohol or drug use risk reduction programs.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 400. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Williams of the 90th, Culbreth of the 97th and others:
A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Anno tated, relating to health care plans, so as to provide for purpose and con struction; to revise provisions regarding formation of health care corporations.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
TUESDAY, FEBRUARY 12, 1991
749
On the passage of the Bill, the ayes were 112, nays 1. The Bill, having received the requisite constitutional majority, was passed.
HB 376. By Representatives Orrock of the 30th, Smyre of the 92nd, Poston of the 2nd, Teper of the 46th, Bostick of the 138th and others:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain conduct based on the status of a person.
The following Committee substitute was read and withdrawn:
A BILL
To amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public order, so as to prohibit certain conduct based on the status of a person; to provide for definitions; to provide that certain conduct shall be a misdemeanor of a high and aggravated nature and that certain conduct shall be a felony; to provide for penalties; to provide for recovery of the costs of prosecution; to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provi sions relating to law enforcement officers and agencies, so as to provide for training for law enforcement officers and prosecuting attorneys in the identification and combating of bias crimes; to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to create the "Bias Crimes Informa tion and Documentation Act"; to provide for a short title; to provide for a statement of purpose; to provide for construction; to provide for powers and duties of the director of the Georgia Bureau of Investigation, law enforcement agencies, and the State of Georgia Criminal Justice Statistical Analysis Center at Georgia State University; to provide for reports; to provide for actions and the practices and procedures connected therewith; to provide for penalties; to provide for the powers and duties of law enforcement officers and prosecuting attorneys; to provide for temporary restraining orders and injunctions; to pro vide for other matters relating to the supression and elimination of bias crimes; 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 16 of the Official Code of Georgia Anno tated, relating to offenses against public order, is amended by adding at the end thereof a new Code Section 16-11-45 to read as follows:
"16-11-45. (a) Any term used in this Code section and defined in Code Section 35-3-102 shall have the meaning provided for such term in Code Section 35-3-102.
(b) Whenever a person takes action that hinders any person's exercise of the enjoy ment of rights secured by the Constitution or laws of the United States or of this state because of the status of a person or persons by means of any criminal act or acts that threaten, cause, or could cause bodily or emotional harm, that cause or could cause property damage, including arson, or that put a person in reasonable fear of bodily harm or damage to his or her property and such action would otherwise constitute a misde meanor, the individual shall be guilty of a misdemeanor of a high and aggravated nature.
(c) Whenever a person takes action that hinders any person's exercise of the enjoy ment of rights secured by the Constitution or laws of the United States or of this state because of the status of a person or persons by means of any criminal act or acts that threaten, cause, or could cause bodily or emotional harm, that cause or could cause property damage, including arson, or that put a person in reasonable fear of bodily harm or damage to his or her property and such action would otherwise constitute a felony, in addition to any other penalty provided by law, such person shall be fined not less than $5,000.00 nor more than $20,000.00 or imprisoned for not less than one year nor more than ten years, or both.
750
JOURNAL OF THE HOUSE,
(d) In any criminal prosecution that results in a conviction under this Code section, the prosecuting attorney may seek the cost of prosecution in addition to any other pen alties provided under this Code section."
Section 2. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to law enforcement officers and agencies, is amended by add ing at the end thereof a new Code Section 35-1-9 to read as follows:
"35-1-9. The Georgia Peace Officer Standards and Training Council shall establish guidelines and procedures for the incorporation of training materials and information in methods for identifying and combating bias crimes and terrorist acts for use by law enforcement training centers monitored and funded by the Peace Officer Standards and Training Council, and the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight. The Prosecuting Attorneys' Council of the State of Georgia shall provide training for all prosecuting attorneys of the state in methods for identifying and combating bias crimes and terroristic acts."
Section 3. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding at the end of said chapter a new Article 5 to read as follows:
"ARTICLE 5
35-3-100. This article shall be known and may be cited as the 'Bias Crimes Informa tion and Documentation Act.'
35-3-101. This article is enacted as a direct response to the high level of reactivation of bias and violent crimes and terroristic acts against persons residing within the State of Georgia and in response to the outcry of the communities for assistance from the State of Georgia in combating these bias and violent crimes and terroristic acts.
35-3-102. As used in this article, the term: (1) 'Bias crime' means any crime that hinders any person's exercise of the enjoy
ment of rights secured by the Constitution or laws of the United States or this state that have been interfered with, or attempted to be interfered with, because of the sta tus of a person or persons by means of any criminal act or acts that threatened, caused, or could cause bodily or emotional harm, caused or could cause property dam age, including arson, or put a person in reasonable fear of bodily harm or damage to his or her property.
(2) 'Status' means race, religion, sex, sexual orientation, color, national origin, HIV infection, or the perception thereof. 35-3-103. (a) The director of the Georgia Bureau of Investigation or his designee shall acquire data from all law enforcement agencies on the incidence of criminal acts that manifest in their commission evidence of intent or motive based on status. The crimes with respect to which such data shall be acquired are:
(1) Homicide; (2) Involuntary manslaughter; (3) Aggravated assault; (4) Aggravated battery; (5) Simple assault; (6) Simple battery; (7) Robbery; (8) Armed robbery; (9) Burglary; (10) Disorderly conduct; (11) Aggravated sodomy; (12) Rape; (13) Theft; (14) Arson; (15) Criminal damage to property in the first degree; (16) Criminal damage to property in the second degree; (17) Criminal trespass;
TUESDAY, FEBRUARY 12, 1991
751
(18) Criminal defamation; (19) False imprisonment; (20) Threat or terroristic threat; and (21) Such other crimes the director considers appropriate. (b) The director or his designee shall establish methods for the collection of such data by all law enforcement agencies consistent with federal guidelines established by the United States Department of Justice for identifying hate crimes and applied to all status categories as defined in paragraph (2) of Code Section 35-3-102. (c) The State of Georgia Criminal Justice Statistical Analysis Center at Georgia State University shall, at least semiannually, publish and make public a report that con tains a statistical summary of data acquired under this Code section. 35-3-104. (a) Whenever any person or persons, whether or not acting under color of law, interfere by threats, intimidation, or coercion, or attempt to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any other person or persons of rights secured by the Constitution or laws of the United States or of this state because of that person's status, the Attorney General or prosecuting attorneys or attor neys representing municipalities may bring a civil action for injunctive or other appro priate equitable relief in order to protect the peaceable exercise or enjoyment of the right or rights being secured.
(b) Independent of any criminal prosecution or civil action initiated pursuant to sub section (a) of this Code section or the result thereof, any person whose exercise or enjoy ment of rights secured by the Constitution or laws of the United States or of this state has been interfered with by the intentional conduct of another person or association of persons, where such conduct consists of threats, threats of force, or acts of intimidation or coersion because of the person's status may institute and prosecute in his or her own name and on his or her own behalf a civil action against such person or association of persons for injunctive and other appropriate equitable relief, including the award of compensatory money damages, including but not limited to those for emotional distress, and punitive damages, attorneys' fees, and costs of litigation.
(c) Additionally, any person suffering injury to his or her person or damage to his or her property which results from tortuous or criminal acts during the commission of which there is evidence of motive or intent based on status may bring a civil action for damages, injunction, or other appropriate relief as stated in subsection (b) of this Code section.
(d) (1) In actions brought pursuant to subsection (b) or (c) of this Code section, whenever the court issues a temporary restraining order or a preliminary or perma nent injunction ordering a defendant to refrain from certain conduct or activities, the order issued shall contain the following statement: 'VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE.'
(2) After any such order has been served upon the defendant, any violation of such order shall be a misdemeanor; provided, however, that if bodily or property damage results from such violation, the violation shall be a misdemeanor of a high and aggra vated nature and shall be punished as provided for in Code Section 17-10-4.
(3) The clerk of the court shall transmit two certified copies of each such order issued under subsection (a), (b), or (c) of this Code section to each appropriate law enforcement agency having jurisdiction over locations where such defendant is alleged to have committed the act giving rise to the action, and such law enforcement agency shall serve one copy of the order upon such defendant. Law enforcement agencies shall establish procedures adequate to ensure that all officers responsible for the enforce ment of the order are informed of the existence and terms of such order. Whenever any law enforcement officer has probable cause to believe that such defendant has vio lated the provisions of this Code section, such officer shall have the authority to arrest said defendant upon securing a valid warrant, except upon exigent circumstances or when a violation is committed in the presence of an officer pursuant to existing war rant requirement exceptions under Georgia law.
(4) Following the final disposition of a criminal contempt proceeding initiated by the Attorney General for violation of an order issued in an action brought by the
752
JOURNAL OF THE HOUSE,
Attorney General or an attorney for a political subdivision of this state under subsec tion (a) of this Code section, the state shall move to dismiss any charges brought under this Code section against such defendant for such violation of the order.
(5) Whenever the court vacates a temporary restraining order or a preliminary or permanent injunction issued under this Code section, the clerk of the court shall promptly notify in writing each appropriate law enforcement agency which had been notified of the issuance of the order and shall direct each such agency to destroy all record of such vacated order, and such agency shall comply with such directive."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendments, to the Committee substitute, were read and withdrawn:
Representative Aiken of the 21st moves to amend the Committee substitute to HB 376 as follows:
Strike on page 3 line 6 the words "sexual orientation" and "HIV".
Strike on page 3 line 7 the word infection.
Representatives Dunn of the 73rd, Smith of the 152nd and Snow of the 1st move to amend the Committee substitute to HB 376 as follows:
On page 4 delete lines 23 through 25 and add the following:
(2) 'Status' means race, religion, sex, color or national origin.
Representatives Orrock of the 30th, et al. move to amend the House Committee on Special Judiciary substitute to HB 376 by striking line 10 of page 4 and inserting in lieu thereof the following:
"crimes and terroristic acts. Nothing in this article shall be construed to promote or encourage homosexuality."
The following substitute, offered by Representative Orrock of the 30th, was read:
A BILL
To amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to law enforcement officers and agencies, so as to provide for training for law enforcement officers and prosecuting attorneys in the identification and combating of bias crimes; to amend Chapter 3 of Title 35 of the Official Code of Geor gia Annotated, relating to the Georgia Bureau of Investigation, so as to create the "Bias Crimes Information and Documentation Act"; to provide for a short title; to provide for a statement of purpose; to provide for construction; to provide for powers and duties of the director of the Georgia Bureau of Investigation, law enforcement agencies, and the State of Georgia Criminal Justice Statistical Analysis Center administered and operated through the Criminal Justice Coordinating Council; to provide for reports; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to law enforcement officers and agencies, is amended by add ing at the end thereof a new Code Section 35-1-9 to read as follows:
"35-1-9. The Georgia Peace Officer Standards and Training Council shall establish guidelines and procedures for the incorporation of training materials and information in methods for identifying and combating bias crimes and terrorist acts for use by law enforcement training centers monitored and funded by the Peace Officer Standards and
TUESDAY, FEBRUARY 12, 1991
753
Training Council and the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight. The Prosecuting Attorneys' Council of the State of Georgia shall provide training for all prosecuting attorneys of the state in methods for identifying and combating bias crimes and terroristic acts."
Section 2. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by adding at the end of said chapter a new Article 5 to read as follows:
"ARTICLE 5
35-3-100. This article shall be known and may be cited as the 'Bias Crimes Informa tion and Documentation Act.'
35-3-101. This article is enacted as a direct response to the high level of reactivation of bias and violent crimes and terroristic acts against persons residing within the State of Georgia and in response to the outcry of the communities for assistance from the State of Georgia in combating these bias and violent crimes and terroristic acts.
35-3-102. As used in this article, the term: (1) 'Bias crime' means any crime that hinders any person's exercise of the enjoy
ment of rights secured by the Constitution or laws of the United States or this state that have been interfered with, or attempted to be interfered with, because of the sta tus of a person or persons by means of any criminal act or acts that threatened, caused, or could cause bodily or emotional harm, caused or could cause property dam age, including arson, or put a person in reasonable fear of bodily harm or damage to his or her property.
(2) 'Status' means race, religion, sex, sexual orientation, color, national origin, HIV infection, or the perception thereof. 35-3-103. (a) The director of the Georgia Bureau of Investigation or his designee shall acquire data from all law enforcement agencies on the incidence of criminal acts that manifest in their commission evidence of intent or motive based on status. The crimes with respect to which such data shall be acquired are:
(1) Homicide; (2) Involuntary manslaughter; (3) Aggravated assault; (4) Aggravated battery; (5) Simple assault; (6) Simple battery; (7) Robbery; (8) Armed robbery; (9) Burglary; (10) Disorderly conduct; (11) Aggravated sodomy; (12) Rape; (13) Theft; (14) Arson; (15) Criminal damage to property in the first degree; (16) Criminal damage to property in the second degree; (17) Criminal trespass; (18) Criminal defamation; (19) False imprisonment; (20) Threat or terroristic threat; and (21) Such other crimes the director considers appropriate. (b) The director or his designee shall establish methods for the collection of such data by all law enforcement agencies consistent with federal guidelines established by the United States Department of Justice for identifying hate crimes and applied to all status categories as defined in paragraph (2) of Code Section 35-3-102. (c) The State of Georgia Criminal Justice Statistical Analysis Center administered and operated through the Criminal Justice Coordinating Council, shall, at least semiannually, publish and make public a report that contains a statistical summary of data acquired under this Code section.
754
JOURNAL OF THE HOUSE,
(d) Nothing in this article shall be construed to promote or encourage homosexuality."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Holland of the 136th moves to amend the Floor substitute to HB 376 as follows:
On page 4 beginning on line 6 strike:
"consistent with federal guidelines established by the United States Department of Justice".
On the adoption of the amendment, the ayes were 134, nays 31. The amendment was adopted.
The following amendment was read and lost:
Representative Poston of the 2nd moves to amend the Floor substitute to HB 376 as follows:
Page 3, lines 6, 7 strike words "HIV infection" add in "terminally ill".
The following amendment was read and adopted:
Representatives Walker of the 115th, Groover of the 99th and Lee of the 72nd move to amend the Floor substitute to HB 376 as follows:
By deleting the words "sexual orientation" and "HIV infection" on lines 6 and 7, page 3 and the words "or the perception thereof on line 7, page 3, and add the word "or" before the word "national origin" on line 6 page 3.
The following amendment was read:
Representative Titus of the 143rd moves to amend the Floor substitute to HB 376 as follows:
On line 1, page 3, remove the words "or emotional" and on page 4, line 2 Subsection (21).
On the adoption of the Titus amendment, Representative Wall of the 61st moved the "ayes" and "nays" and the call was sustained.
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:
N Abemathy N Adams Y Aiken Y Alford Y Atkins N Baker Y Balkcom N Barfoot
Bargeron Y Barnett,B
N Barnett.M
N Bates Y Beatty Y Benefield Y Birdsong
Blitch N Bordeaux N Bostick Y Branch Y Breedlove
N Brooks N Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell
Y Carter
Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark,H Y Clark,L Y Coker Y Coleman
Colwell
N Connell Y Culbreth Y CummingstB N Cummings,M N Davis.G Y Davis.M
Dixon.H
Y Dixon,S Y Dobbs Y Dover
TUESDAY, FEBRUARY 12, 1991
755
YDunn
N Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W NFlynt Y Godbee N Golden NGoodwin Y Green E Greene
Griffin N Groover Y Hamilton N Hammond
Hanner Y Harris,B Y HarrisJ
Y Heard N Henson Y Herbert N Hightower Y Holland N Holmes
Howard Y Hudson NIrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane.D Y LaneJR Y Langtord Y Lawrence YLawson YLee YLong YLord
N Lucas Lupton
YMann N Martin Y McCoy Y McKelvey
N McKinney.B N McKinney.C Y Meadows N Merritt NMilam Y Mills Y Mobley Y Moody Y Morsberger N Moultrie Y Mueller Y Oliver.C N Oliver.M
NOrr NOrrock
Y Padgett YParham Y Parrish
Y Patten N Pelote Y Perry Y Pettit
Y Pinholster Y Pinkston YPoag
Porter
N Poston Powell,A
Y Powell,C Y Purcell NRandall
NRay Y Reaves N Redding Y Ricketson Y Royal
Y Selman N Sherrill Y Simpson N Sinkfield N Skipper Y Smith,L Y Smith,P Y Smith.T
Smith,W NSmyre
NSnow N Stancil,F Y Stancil,S N Stanley N Stephens N Streat
On the adoption of the amendment, the ayes were 103, nays 60. The amendment was adopted.
N Taylor N Teper
Y Thomas.C N Thomas.M N Thomas,N N Thurmond Y Titus Y Tolbert N Townsend N Turnquest
Twiggs N Valenti Y Vaughan Y Walker,J N Walker.L Y Wall N Ware Y Watson Y Watts N White Y Wilder Y Williams,B N Williams,J Y Williams.R N Yeargin
Murphy,Spkr
An amendment, offered by Representative Kingston of the 125th, was ruled out of order.
Three amendments, offered by Representative Wall of the 61st, were ruled out of order.
The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, Representative Wall of the 61st moved the "ayes" and "nays", and the call was sustained.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams Y Aiken N Alford
N Atkins Y Baker N Balkcom YBarfoot N Bargeron N Barnett,B N Barnett.M N Bates N Beatty Y Benefield N Birdsong
Blitch Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks
Y Brown N Brush YBuck Y Buckner NByrd
N Campbell Y Canty N Carrell N Carter Y Chafin Y Chambless N Cheeks N Childers N Clark,E N Clark.H N Clark,L N Coker N Coleman
Colwell Y Connell N Culbreth
N Cummings,B Y Cummings.M
Y Davis.G N Davis,M
Diwm,H N Diion.S YDobbs N Dover YDunn
N Edwards N Elliott
Felton
N Fennel N Floyd,J.M N Floyd,J.W NFlynt
NGodbee N Golden YGoodwin N Green
E Greene
Griffin Y Groover Y Hamilton Y Hammond Y Hanner N Harris,B Y Harris,J
N Heard Y Henson Y Herbert Y Hightower N Holland Y Holmes
Howard N Hudson NIrwin N Jackson
Jamieson N Jenkins N Jones N Kilgore
YKing N Kingston N Klein NLadd
Lane.D N Lane,R N Langford N Lawrence N Lawson YLee NLong NLord Y Lucas
Y Lupton NMann Y Martin N McCoy N McKelvey Y McKinney,B Y McKinney.C N Meadows
756
JOURNAL OF THE HOUSE,
Y Merritt YMilam N Mills
N Mobley N Moody N Moreberger N Moultrie N Mueller N Oliver.C
Y 01iver,M YOrr
YOrrock N Padgett NParham N Parish
Patten Y Pelote Y Perry N Pettit N Pinholster N Pinkston NPoag
Porter YPoston N Powell,A N Powell,C N Purcell YRandall
YRay N Reaves
Y Redding N Ricketson N Royal N Selman Y SherriU N Simpson Y Sinkfield N Skipper N Smith.L N Smith,P N Smith,T
Smith,W YSmyre NSnow Y Stancil,F
N Stancil.S N Stanley Y Stephens N Streat Y Taylor YTeper N Thomas,C Y Thomas.M Y Thomas.N
Y Thurmond N Titus N Tolbert Y Townsend Y Tumquest NTwiggs
Y Valenti N Vaughan
N Walker^ Y Walker,L NWall YWare
N Watson N Watts
Y White N Wilder N WiUiams.B Y Williams,J N Williams.R N Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 64, nays 103.
The Bill, by substitute, as amended, having failed to receive the requisite constitu tional majority, was lost.
Representative Orrock of the 30th gave notice that at the proper time she would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 376.
Representative Stanley of the 33rd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1990-1991.
The Speaker announced the House in recess until 2:00 o'clock this afternoon.
TUESDAY, FEBRUARY 12, 1991
757
AFTERNOON SESSION
The Speaker called the House to order.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 262. By Representatives Abernathy of the 39th, Walker of the 115th, Lee of the 72nd, Thurmond of the 67th, Smyre of the 92nd and others: A resolution honoring Dave Christopher Justice and inviting him to appear before the House of Representatives.
The following Resolutions of the House favorably reported by the Committee on Rules, were read and adopted:
HR 236. By Representatives Birdsong of the 104th and Jenkins of the 80th: A resolution commending the Jones County High School Lady Hounds Softball Team for their athletic excellence and inviting the team and their coaching staff to appear before the House of Representatives.
HR 246. By Representatives Lord of the 107th and Coker of the 21st: A resolution commending General Hansford T. Johnson and inviting him to appear before the House of Representatives.
HR 247. By Representatives Coker of the 21st, Clark of the 20th (Post 4), Hammond of the 20th, Klein of the 21st, Vaughan of the 20th and others: A resolution commending and recognizing the Honorary Commanders Associ ation and inviting certain of its members to appear and be recognized before the House of Representatives.
Under the general order of business, the following Bill and Resolution of the House and Senate were taken up for consideration and read the third time:
SR 15. By Senator Kidd of the 25th: A resolution designating the 441 By-Pass Highway around the City of Eatonton as the J. P. Marshall By-Pass.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot
Bargeron
Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick
Y Branch Y Breedlove
Brooks Brown Brush YBuck
Buckner Byrd
Y Campbell
Canty Y Carrell
Carter Chafin
Chambless Y Cheeks
Childers Y Clark.E
Y Clark,H
Clark,L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
DavU,G
758
JOURNAL OF THE HOUSE,
Y DavisJM Dizon.H
Y Don,S YDobbs Y Dover
Dunn Edwards Y Elliott Felton Fennel
Y Floyd,J.M Y Floyd,J.W YFlynt
Godbee Y Golden Y Goodwin Y Green E Greene
Griffin Y Groover Y Hamilton
Hammond Manner Y Harris.B Harris,J
Y Heard Henson
Y Herbert Hightower
Y Holland Holmes Howard Hudson Irwin
Y Jackson Jamieson
Y Jenkins Y Jones
Kilgore King Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
Lee YLong
Lord Lucas Lupton
YMann
Y Martin YMcCoy Y McKelvey
McKinney.B McKinney,C Y Meadows Y Merritt Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Oliver.C Y Oliver,M YOrr Orrock
Padgett Parham Parrish Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinks ton
YPoag Porter
Y Poston Powell.A
Y Powell,C Purcell Randall
YRay Y Reaves
Redding Ricketson Y Royal Selman Y Sherrill Y Simpson Sinkfield Skipper Y Smith,L Y Smith,P Y Smith,T
Smith.W Smyre Snow Y Stancil,F Y Stancil,S
Y Stanley Y Stephens
Y Streat Taylor
YTeper
Thomas.C Thomas.M Y Thomas.N Thurmond Y Titus Y Tolbert
Townsend
Turnquest
Twiggs Valenti
Y Vaughan Y Walker,J
Walker.L YWall
Ware Watson Y Watts
White Y Wilder
Williams,B Williams.J Williams.R Y Yeargin Murphy,Spkr
On the adoption of the Resolution, the ayes were 99, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
Representative Valenti of the 52nd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 480. By Representative Bostick of the 138th:
A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain authorized service charges with respect to selling certain tickets or other evidences of right of entry.
The following amendment was read and adopted:
The Committee on Special Judiciary moves to amend HB 480 by striking "net te eseeed $3.00" and inserting in its place "not to exceed ff&OO $5.00" on line 20 of page 1.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 91, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended
The following Resolution of the Senate was read and adopted:
SR 154. By Senators Collins of the 17th and Starr of the 44th: A resolution commending Clayton County Sheriff D. G. "Bill" Lemacks.
Representative Smyre of the 92nd District, Chairman of the Committee on Industrial Relations, submitted the following report:
TUESDAY, FEBRUARY 12, 1991
759
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 217 Do Pass, by Substitute
Respectfully submitted, /s/ Smyre of the 92nd
Chairman
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 482. By Representatives Murphy of the 18th and Martin of the 26th:
A bill to amend Code Section 31-8-155 of the Official Code of Georgia Anno tated, relating to rules for expansions of eligibility funded by the Indigent Care Trust Fund, so as to change when contributions may be made.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
HB 324. By Representatives Cummings of the 134th, McKinney of the 35th, Thomas of the 55th, Brooks of the 34th, Chambless of the 133rd and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide that it shall be unlawful for a person to knowingly sell any real or personal property in exchange for any criminally derived property.
The following amendment was read and adopted:
Representative Cummings of the 134th moves to amend HB 324 by adding "to pro vide for exceptions;" after "property;" on line 5 of page 1.
By adding before the period on line 12 of page 2, the following:
", except for any transaction for the purpose of preserving a person's right to repre sentation as guaranteed by the state and federal constitutions."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 110, nays 5.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Resolutions of the House were read and adopted:
HR 263. By Representative Harris of the 84th:
A resolution commending the staff of the Thomson Work Unit of the Divi sion of Youth Services of the Department of Human Resources.
760
JOURNAL OF THE HOUSE,
HR 264. By Representative Carrell of the 65th:
A resolution expressing support for the men and women of Walton County serving in Operation Desert Storm and their families.
HR 265. By Representative Beatty of the 12th: A resolution honoring Mr. Billy N. Elder.
HR 266. By Representatives Alford of the 57th, Baker of the 51st, Davis of the 45th, Teper of the 46th, Tolbert of the 58th and others:
A resolution expressing support for DeKalb County as the site for the 1996 Olympic tennis events.
HR 267. By Representative Mobley of the 64th: A resolution commending and recognizing Mr. C. Haase Arnold, Sr.
HR 268. By Representative Mobley of the 64th: A resolution commending and recognizing Mrs. Evelyn Redfern Harris.
HR 269. By Representative Beatty of the 12th: A resolution commending Mr. Harold S. Swindle.
HR 270. By Representative Felton of the 22nd:
A resolution recognizing and commending the Freedoms Foundation at Val ley Forge.
HR 271. By Representatives Jamieson of the llth and Dover of the llth:
A resolution expressing support for the men and women of Stephens County serving in Operation Desert Storm and their families.
HR 272. By Representatives Jamieson of the llth and Dover of the llth: A resolution commending Billy J. Clack on the occasion of his retirement.
HR 273. By Representatives Brooks of the 34th and McKinney of the 40th: A resolution honoring Mr. Charles Hamilton Houston.
HR 274. By Representative Holland of the 136th:
A resolution commending Randolph T. (Bumps) Bibb, Sr., and expressing regret at his passing.
HR 275. By Representatives Jones of the 71st, Meadows of the 91st, Ware of the 77th and Flynt of the 75th:
A resolution expressing support for the men and women of Coweta County serving in Operation Desert Storm.
HR 276. By Representatives Sherrill of the 47th and Lane of the 27th:
A resolution expressing condolences at the passing of William W. Coppedge, M.D.
TUESDAY, FEBRUARY 12, 1991
761
HR 277. By Representatives Streat of the 139th, Walker of the 115th, Lee of the 72nd, Groover of the 99th and Murphy of the 18th:
A resolution expressing support for the men and women of Coffee County serving in Operation Desert Storm and their families.
HR 278. By Representative Oliver of the 53rd: A resolution commending and recognizing Ms. Ronda Bowe Kustick.
HR 279. By Representative Adams of the 79th: A resolution commending Mr. Lincoln Reeves.
HR 280. By Representative Adams of the 79th: A resolution commending Mr. John E. Holliman, Jr.
HR 281. By Representatives Adams of the 79th, Walker of the 115th, Groover of the 99th, Buck of the 95th, Culbreth of the 97th and others:
A resolution commending the 48th Infantry Brigade.
HR 282. By Representatives Brooks of the 34th and McKinney of the 40th: A resolution commending Mr. Jackson "Pollard" Pollack.
Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 582 Do Pass
Respectfully submitted, /s/ Buck of the 95th
Chairman
Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 280. By Representatives Pettit of the 19th and Watson of the 114th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities, so as to add a new Chapter 3A requiring integrated resource planning by electric utilities.
Representative Klien of the 21st moved that HB 280 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:
N Abernathy N Adams N Aiken
N Alford N Atkins N Baker
N Balkcom N Barfoot
Bargeron
N Barnett.B N Barnett.M N Bates
N Beatty N Benefield N Birdsong
762
JOURNAL OF THE HOUSE,
N Blitch N Bordeaux N Bostick N Branch N Breedlove N Brooks N Brown N Brush NBuck N Buckner NByrd N Campbell
N Canty N Carrell N Carter N Chafin
N Chambless N Cheeks N Childers Y Clark,E Y Clark.H N Clark,L N Coker N Coleman N Colwell N Connell N Culbreth N Cummings,B Y Cummings.M Y Davis,G N Davis.M N Diion.H N Diion.S
N Dobbs N Dover N Dunn N Edwards N Elliott N Felton N Fennel N Floyd,J.M N Floyd.J.W N Flynt NGodbee N Golden N Goodwin N Green E Greene
Griffin N Groover N Hamilton
N Hammond N Manner N Harris.B
N Harris,J Y Heard N Henson
N Herbert N Hightower Y Holland
Holmes Howard Y Hudson NIrwin N Jackson N Jamieson
N Jenkins N Jones N Kilgore NKing
Kingston Y Klein NLadd N Lane.D N Lane,R N Langford N Lawrence N Lawson
NLee N Long NLord N Lucas N Lupton NMann N Martin
N McCoy N McKelvey N McKinney,B
N McKinney.C N Meadows N Merritt NMilam N Mills N Mobley N Moody N Morsberger N Moultrie N Mueller N Oliver.C
On the motion, the ayes were 9, nays 161.
The motion was lost.
N Oliver.M NOrr
Orrock N Padgett N Parham N Parrish N Patten N Pelote N Perry N Pettit N Pinholster N Pinkston NPoag N Porter N Poston N Powell.A N Powell.C N Purcell
N Randall
NRay N Reaves N Redding N Ricketson N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith.L N Smith.P N Smith.T N Smith.W
N Smyre N Snow N Stancil.F N Stancil.S N Stanley N Stephens N Streat N Taylor N Teper
N Thomas.C Thomas.M
N Thomas.N
N Thurmond N Titus N Tolbert N Townsend N Turnquest N Twiggs N Valenti N Vaughan
N Walker,J N Walker.L N Wall N Ware N Watson N Watts Y White N Wilder N Williams.B
Williams,J N Williams.R N Yeargin
Murphy,Spkr
Representative Lupton of the 25th was off the floor during the preceding vote. Due to a mechanical malfunction, his machine registered a "nay" vote. He wants the record to show that he was absent during the vote.
The following Committee substitute was read and withdrawn:
A BILL
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utili ties, so as to add a new Chapter 3A requiring integrated resource planning by electric utili ties; to provide for definitions; to provide for an integrated resources plan, meetings thereon, and action by the Public Service Commission thereon; to require certification prior to construction of electric plants, long-term power purchases, expenditures for demand-side capacity options, and certain increases in capacity; to provide for applications for certificates and the contents thereof, fees therefor, and hearings thereon; to provide for commission orders and failure to act; to provide for contents of and certain actions relating to certificates; to provide for obligations of utilities to meet excess requirements; to pro vide for certificate reexaminations and the powers of the commission and recovery rights of the utility with regard thereto; to provide for recovery of construction costs, for ongoing review of construction and for revisions, actions by the commission relating to construc tion, and investment recovery; to provide for recovery of costs and other returns for plant construction, certificated power purchases, and demand-side capacity options; to provide for sharing of certain benefits; to provide for the basis of commission decisions and judicial review thereof but otherwise limit relitigation; to limit certificate preemption of certain matters; to provide for inapplicability and exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
TUESDAY, FEBRUARY 12, 1991
763
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utili ties, is amended by adding immediately following Chapter 3 a new Chapter 3A to read as follows:
"CHAPTER 3A
46-3A-1. As used in this chapter: (1) 'Capacity resource' means an electric plant, a long-term power purchase, or a
demand-side capacity option. (2) 'Commission' means the Georgia Public Service Commission. (3) 'Construction' means clearing of land, excavation, or other substantial activity
leading to the operation of an electric plant other than planning, land surveying, land acquisition, subsurface exploration, design work, licensing or other regulatory activity, contracting for construction, or environmental protection measures and activities asso ciated therewith.
(4) 'Demand-side capacity option' means a program proposed by a utility for the reduction of future electricity requirements the utility's Georgia retail customers would otherwise impose, including, but not limited to, conservation, load management, cogeneration, and renewable energy technologies.
(5) 'Electric plant' means any facility, or the portion of a facility, that produces electricity or that, at the time application for certification is made pursuant to this chapter, is intended to produce electricity for a utility's Georgia retail customers. 'Electric plant' includes the realty and ancillary facilities for the construction of the plant.
(6) 'Long-term power purchase' means a purchase of electric capacity and energy for a period exceeding one year, the principal purpose of which is to supply the requirements of the Georgia retail customers of a utility.
(7) 'Plan' means the integrated resource plan specified in Code Section 46-3A-2. (8) 'Supply-side capacity option' means an electric plant, a long-term power pur chase, or any other source of additional energy. (9) 'Utility' means any electric supplier whose rates are fixed by the commission. 46-3A-2. (a) On or before January 31, 1992, and on or before January 31 of each year thereafter, each utility shall file with the commission an integrated resource plan as described in this chapter. (b) Each integrated resource plan shall contain the utility's electric demand and energy forecast for at least a 20 year period. (c) Each integrated resource plan shall also contain the utility's program for meeting the requirements shown in its forecast in an economical and reliable manner. The plan shall contain the utility's analysis of all capacity resource options, including both demand-side and supply-side options, and shall set forth the utility's assumptions and conclusions with respect to the effect of each capacity resource option on the future cost and reliability of electric service. (d) Following the filing of each integrated resource plan, the commission may con duct such workshops or other informal meetings pursuant to the procedural rules adopted by the commission, but shall neither approve nor disapprove such plan except as provided in Code Section 46-3A-4. 46-3A-3. (a) After January 31, 1992, no utility shall commence the construction of an electric plant, enter into a long-term purchase of electric power, or make expendi tures for a demand-side capacity option for serving the utility's Georgia retail customers without having first obtained from the commission a certificate that public convenience and necessity requires, or will require, such construction, purchase, or expenditure. (b) No utility shall increase the productive capacity of any capacity resource by more than 15 percent of its demonstrated capacity in megawatts for serving the utility's Geor gia retail customers without first obtaining a certificate or an amendment to a certifi cate, as appropriate. 46-3A-4. (a) The commission shall issue a certificate upon a finding that there is or will be a need for the proposed capacity resource at the time that proposed resource
764
JOURNAL OF THE HOUSE,
is proposed to be utilized to assure an economical and reliable supply of electric power and energy for the Georgia retail customers of a utility.
(b) The utility's application for a certificate shall be accompanied by its current inte grated resource plan, whether or not previously filed.
(c) As used in the certification process, forecasts of future electricity requirements shall be based upon official state forecasts of economic and demographic variables and assumptions, if any, as may be published by the Office of Planning and Budget, together with the integrated resource plan or plans filed pursuant to Code Section 46-3A-2.
(d) The utility's application for a certificate shall contain a cost-benefit analysis cov ering the estimated useful life of all capacity resource options considered in developing its current integrated resource plan. The estimated cost of the capacity resource pro posed to be certificated shall be presented in such reasonable detail as the commission may require.
46-3A-5. (a) A utility seeking a certificate or an amendment to a certificate shall make an application to the commission which contains the information required by this chapter.
(b) No sooner than 30 days after an application is made for a certificate or an amendment, the commission shall conduct a public hearing on the application. Within 270 days after filing of the first such application and within 180 days after filing of each application thereafter, the commission shall issue an order adopting a forecast of future
Georgia retail electricity requirements of the utility and either granting the requested certificate or denying the requested certificate and authorizing a specific alternative means of supplying the requirements found by the commission to exist. The utility shall only be obligated to serve the requirements contained in the forecast adopted by the
commission and certificated by the commission. Each certificate shall describe the capacity resource, its approximate construction or implementation schedule, and its
approved cost. If the commission fails to so act within 270 days after the first such application has been made and within 180 days after each subsequent application has been made, the forecast application and certificate shall be deemed granted by operation
of law. (c) Each application to the commission for a certificate or amendment shall be
accompanied by a nonrefundable application fee to be established by the commission by regulation. Such fee shall be in an amount reasonably necessary to defray the expense of the commission in the conduct of such certification proceedings. In the event a joint
application is filed by more than one utility, a single such fee only shall be required. The funds assessed and collected pursuant to this subsection shall be deposited in the state's general fund.
46-3A-6. Upon application of a utility or upon its own motion, the commission may reexamine any certificate granted under this chapter to determine whether new forecasts
of future requirements require the modification of the construction, purchase, or expenditure for a certificated capacity resource. If upon such reexamination the commis
sion finds that the certificated capacity resource is no longer needed or that any addi tional certificated capacity resource is needed to assure a reliable supply of electric power and energy for the utility's Georgia retail customers, the commission may modify
or revoke the certificate. If the utility cancels, abandons, or increases some or all of the capacity resource as a result of such modification or revocation of the certificate, it may
recover through rates over a reasonable period of time, absent fraud, concealment, or criminal misconduct, the amount of its investment in such capacity resource, along with
a reasonable return on the unamortized balance. 46-3A-7. (a) So long as the commission has not modified or revoked the certificate
for an electric plant under Code Section 46-3A-6 and to the extent the utility seeks to
add to its rate base upon completion of the plant construction costs that do not exceed 115 percent of those approved by the commission under Code Section 46-3A-5 or Code
Section 46-3A-6, that construction cost amount may be excluded from the rate base only on the basis of fraud, concealment, or criminal misconduct. Inclusion of costs in excess
of such amount is not permitted unless shown by the utility to have been reasonable
and prudent. Compliance with all of the provisions of the certificate approved by the commission shall result in a presumption of prudence.
TUESDAY, FEBRUARY 12, 1991
765
(b) In addition to the review of the continuing need for an electric plant under con struction prescribed in Code Section 46-3A-6, the commission, upon its own motion, may conduct or the utility may request that the commission conduct an ongoing review of such construction as it proceeds. If so requested, every two years or at such longer inter val as the commission and the utility may mutually agree, the applicant shall file a progress report and any proposed revisions in the cost estimates, construction schedule, or project configuration. Within 180 days of such filing, the commission shall verify expenditures made pursuant to the certificate and shall approve, disapprove, or modify any proposed revisions. If the commission fails to so act within 180 days after such fil ing, the previous expenditures and any proposed revisions shall be deemed approved by operation of law.
(c) If the commission verifies expenditures as made pursuant to a certificated capac ity resource, that verification forecloses subsequent exclusion of those costs from the utility's rate base, absent fraud, concealment, or criminal misconduct.
(d) If the commission disapproves of all or part of the proposed revisions and the utility cancels construction of some or all of the facility as a result of the disapproval, it may recover through rates over a reasonable period of time, absent fraud, conceal ment, or criminal misconduct, the amount of its investment in the canceled portion of the facility along with a reasonable return on the unamortized balance to the extent such investment is verified as made pursuant to the certificate. Compliance with all of the provisions of the certificate approved by the commission shall result in a presump tion of prudence.
46-3A-8. The cost of any certificated power purchase shall be recovered in rates by the utility, along with an additional sum, as determined by the commission, to compen sate the utility. The commission shall provide for an equitable sharing of benefits between the utility and its retail customers.
46-3A-9. The cost of any certificated demand-side capacity option shall be recovered by the utility in rates, along with an additional sum as determined by the commission. To encourage the development of such resources, the commission shall consider lost rev enues, if any, changed risks, and an equitable sharing of benefits between the utility and its retail customers.
46-3A-10. The commission's decision in any certification, recertification, modifica tion, or construction review proceeding shall be based on substantial evidence of record, and the commission's findings, although subject to judicial review, shall not be subject to relitigation in any other proceeding; provided, however, the issuance of a certificate under this Code section shall not preempt any duly constituted local, state, or federal governmental body or agency from its regulation of environmental or safety matters inci dental to construction of electric generating plants.
46-3A-11. This chapter shall not apply to any provider of wholesale or retail electric service whose rates are not fixed by the commission."
Section 2. This Act shall become effective on January 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Pettit of the 19th, was read:
A BILL
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utili ties, so as to add a new Chapter 3A requiring integrated resource planning by electric utili ties; to provide for definitions; to provide for an integrated resources plan, meetings thereon, and action by the Public Service Commission thereon; to require certification prior to construction or sale of electric plants, long-term power purchases, expenditures for demand-side capacity options, and certain increases or decreases in capacity; to provide for applications for certificates and the contents thereof, fees therefor, and hearings thereon; to provide for a statement of intent; to provide for commission orders and failure to act;
766
JOURNAL OF THE HOUSE,
to provide for contents of and certain actions relating to certificates; to provide for obliga tions of utilities to meet excess requirements; to provide for certificate reexaminations and the powers of the commission and recovery rights of the utility with regard thereto; to pro vide for recovery of construction costs, for ongoing review of construction and for revisions, actions by the commission relating to construction, and investment recovery; to provide for recovery of costs and other returns for plant construction, certificated power purchases, and demand-side capacity options; to provide for sharing of certain benefits; to provide for the basis of commission decisions and judicial review thereof but otherwise limit relitigation; to provide for rates; to provide for presumptions; to limit certificate preemp tion of certain matters; to provide for inapplicability and exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utili ties, is amended by adding immediately following Chapter 3 a new Chapter 3A to read as follows:
"CHAPTER 3A
46-3A-1. As used in this chapter: (1) 'Capacity resource' means an electric plant, a long-term power purchase, or a
demand-side capacity option. (2) 'Commission' means the Georgia Public Service Commission. (3) 'Construction' means clearing of land, excavation, or other substantial activity
leading to the operation of an electric plant other than planning, land surveying, land acquisition, subsurface exploration, design work, licensing or other regulatory activity, contracting for construction, or environmental protection measures and activities asso ciated therewith.
(4) 'Demand-side capacity option' means a program proposed by a utility for the reduction of future electricity requirements the utility's Georgia retail customers would otherwise impose, including, but not limited to, conservation, load management, cogeneration, and renewable energy technologies.
(5) 'Electric plant' means any facility, or the portion of a facility, that produces electricity or that, at the time application for certification is made pursuant to this chapter, is intended to produce electricity for a utility's Georgia retail customers. 'Electric plant' includes the realty and ancillary facilities for the construction of the plant.
(6) 'Long-term power purchase' means a purchase of electric capacity and energy for a period exceeding one year, the principal purpose of which is to supply the requirements of the Georgia retail customers of a utility.
(7) 'Plan' means the integrated resource plan specified in Code Section 46-3A-2. (8) 'Supply-side capacity option' means an electric plant, a long-term power pur chase, or any other source of additional energy. (9) 'Utility' means any electric supplier whose rates are fixed by the commission. 46-3A-2. (a) On or before January 31, 1992, and on or before January 31 of each year thereafter, each utility shall file with the commission an integrated resource plan as described in this chapter. (b) Each integrated resource plan shall contain the utility's electric demand and energy forecast for at least a 20 year period. (c) Each integrated resource plan shall also contain the utility's program for meeting the requirements shown in its forecast in an economical and reliable manner. The plan shall contain the utility's analysis of all capacity resource options, including both demand-side and supply-side options, and shall set forth the utility's assumptions and conclusions with respect to the effect of each capacity resource option on the future cost and reliability of electric service. (d) Following the filing of each integrated resource plan, the commission may con duct such workshops or other informal meetings pursuant to the procedural rules
TUESDAY, FEBRUARY 12, 1991
767
adopted by the commission, but shall neither approve nor disapprove such plan except as provided in Code Section 46-3A-4.
46-3A-3. (a) After January 31, 1992, no utility shall commence the construction of an electric plant, sell an existing plant or any portion thereof which is included in rate base, enter into a long-term purchase of electric power, or make expenditures for a demand-side capacity option for serving the utility's Georgia retail customers without having first obtained from the commission a certificate that public convenience and necessity requires, or will require, such construction, sale, purchase, or expenditure.
(b) No utility shall permanently increase or decrease the productive capacity of any capacity resource by more than 15 percent of its demonstrated capacity in megawatts for serving the utility's Georgia retail customers without first obtaining a certificate or an amendment to a certificate, as appropriate; provided, however, no certificate shall be required if the increase or decrease is caused by a rule, regulation, or law mandated by any duly constituted local, state, or federal governmental body or agency.
46-3A-4. (a) The commission shall issue a certificate upon a finding that there is or will be a need for the proposed capacity resource at the time that proposed resource is proposed to be utilized to assure an economical and reliable supply of electric power and energy for the Georgia retail customers of a utility.
(b) The utility's application for a certificate shall be accompanied by its current inte grated resource plan, whether or not previously filed.
(c) The utility's application for a certificate shall contain a cost-benefit analysis cov ering the estimated useful life of all capacity resource options considered in developing its current integrated resource plan. The estimated cost of the capacity resource pro posed to be certificated shall be presented in such reasonable detail as the commission may require.
46-3A-5. (a) A utility seeking a certificate or an amendment to a certificate shall make an application to the commission which contains the information required by this chapter.
(b) No sooner than 30 days after an application is made for a certificate or an amendment, the commission shall conduct a public hearing on the application. Within 300 days after filing of the first such application and within 180 days after filing of each application thereafter, the commission shall issue an order adopting a forecast of future Georgia retail electricity requirements of the utility and either granting the requested certificate or denying the requested certificate and authorizing a specific alternative means of supplying the requirements found by the commission to exist. The utility shall only be obligated to serve the requirements contained in the forecast adopted by the commission and certificated by the commission. Each certificate shall describe the capacity resource, its approximate construction or implementation schedule, and its approved cost. If the commission fails to so act within 300 days after the first such application has been made and within 180 days after each subsequent application has been made, the forecast application and certificate shall be deemed granted by operation of law.
(c) Each application to the commission for a certificate or amendment shall be accompanied by a nonrefundable application fee to be established by the commission by regulation. Such fee shall be in an amount reasonably necessary to defray the expense of the commission in the conduct of such certification proceedings. In the event a joint application is filed by more than one utility, a single such fee only shall be required. The funds assessed and collected pursuant to this subsection shall be deposited in the state's general fund.
46-3A-6. Upon application of a utility or upon its own motion, the commission may reexamine any certificate granted under this chapter to determine whether new forecasts of future requirements require the modification of the construction, purchase, or expenditure for a certificated capacity resource. If upon such reexamination the commis sion finds that the certificated capacity resource is no longer needed or that any addi tional certificated capacity resource is needed to assure a reliable supply of electric power and energy for the utility's Georgia retail customers, the commission may modify or revoke the certificate. If the utility cancels, abandons, or increases some or all of the
768
JOURNAL OF THE HOUSE,
capacity resource as a result of such modification or revocation of the certificate, it may recover through rates over a reasonable period of time, absent fraud, concealment, fail ure to disclose a material fact, imprudence, or criminal misconduct, the amount of its investment in such capacity resource, along with the cost of carrying the unamortized portion of that investment to the extent such investment is verified as made pursuant to the certificate.
46-3A-7. (a) So long as the commission has not modified or revoked the certificate for an electric plant under Code Section 46-3A-6 and to the extent the utility seeks to add to its rate base upon completion of the plant construction costs that do not exceed 100 percent of those approved by the commission under Code Section 46-3A-5, Code Section 46-3A-6, or subsection (b) of this Code section, that construction cost amount may be excluded from the rate base only on the basis of fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct. Inclusion of costs in excess of 100 percent of those approved by the commission shall not be permitted unless shown by the utility to have been reasonable and prudent.
(b) In addition to the review of the continuing need for an electric plant under con struction prescribed in Code Section 46-3A-6, the commission, upon its own motion, may conduct or the utility may request that the commission conduct an ongoing review of such construction as it proceeds. Every one to three years, or at such lesser intervals upon the direction of the commission or request of the utility, the applicant shall file a progress report and any proposed revisions in the cost estimates, construction sched ule, or project configuration. Within 180 days of such filing, the commission shall verify and approve or disapprove expenditures made pursuant to the certificate and shall approve, disapprove, or modify any proposed revisions. If the commission fails to so act within 180 days after such filing, the previous expenditures and any proposed revisions shall be deemed approved by operation of law.
(c) If the commission verifies expenditures as made pursuant to a certificated capac ity resource, that verification forecloses subsequent exclusion of those costs from the utility's rate base, absent fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct.
(d) If the commission disapproves of all or part of the proposed revisions and the utility cancels construction of some or all of the facility as a result of the disapproval, the utility may recover through rates over a reasonable period of time, absent fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct, the amount of its actual investment in the partially completed portion of the facility along with the cost of carrying the unamortized balance of that investment to the extent such investment is verified as made pursuant to the certificate.
46-3A-8. The approved or actual cost, whichever is less, of purchase of any certifi cated power purchase shall be recovered in rates by the utility, together with a reason able rate of return as determined by the commission to compensate the utility. The commission shall provide for an equitable sharing of benefits between the utility and its retail customers.
46-3A-9. The approved or actual cost, whichever is less, of any certificated demandside capacity option shall be recovered by the utility in rates, along with an additional sum as determined by the commission to encourage the development of such resources. The commission shall consider lost revenues, if any, changed risks, and an equitable sharing of benefits between the utility and its retail customers.
46-3A-10. In setting rates for any certificated capacity resource, the commission shall consider changed revenues and changed risks, if any. The commission's decision in any certification, recertification, modification, or construction review proceeding shall be based on evidence of record. Compliance with the provisions of the certificate as approved or modified by the commission shall result in a presumption of prudence. The commission's findings, although subject to judicial review, shall not be subject to relitigation in any other proceeding; provided, however, the issuance of a certificate under this Code section shall not preempt any duly constituted local, state, or federal governmental body or agency from its regulation of environmental or safety matters inci dental to construction of electric generating plants.
TUESDAY, FEBRUARY 12, 1991
769
46-3A-11. This chapter shall not apply to any provider of wholesale or retail electric service whose rates are not fixed by the commission."
Section 2. This Act shall become effective on January 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read:
Representative Hamilton of the 124th moves to amend the Floor substitute to HB 280 as follows:
Delete on page 2 line 17 the words other than and insert including.
Add on page 3 line 25 the following:
Such forecast shall be subject to review by the commission upon submission of the integrated plan. The commission may accept evidence from any party relevant to the accuracy of the forecast, including, but not limited to, historical records of the accuracy of previous and similar forecasts by the utility.
Representative Hamilton of the 124th asked unanimous consent that his amendment be divided.
The request was granted.
Paragraph one of the Hamilton amendment was read and lost.
Paragraph two of the Hamilton amendment was read and lost.
The following amendment was read and adopted:
Representative Pettit of the 19th moves to amend the Floor substitute to HB 280 as follows: (1) By adding on line 24, page 2 after the word "utility" the words "or the Commission". (2) By deleting the sentence beginning on line 23, page 8 which begins with the word
"The" and inserting in lieu thereof the following: "The commission shall consider lost revenues, if any, changed risks, and an equitable sharing of benefits between the utility and its retail customers."
The Floor substitute, as amended, was adopted.
A substitute, offered by Representative Adams of the 79th, was ruled out of order.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams YAiken
YAlford
Y Atkins Y Baker Y Balkcom
YBarfoot
Bargeron Y Barnett.B Y Barnett,M
Y Bates
Y Beatty Y Benefield Y Birdsong
Y Blitch
N Bordeaux Y Bostick Y Branch
Y Breedlove
770
JOURNAL OF THE HOUSE,
N Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
N Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers N Clark.E N Clark.H Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B N Cummings.M
Y Davis.G N Davis.M
N Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn
Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green E Greene
Griffin Y Groover N Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
N Holland Y Holmes
Howard N Hudson Y Irwin Y Jackson Y Jaroieson Y Jenkins N Jones Y Kilgore
YKing N Kingston N Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann N Martin
Y McCoy Y McKelvey Y McKinney.B
N McKinney.C Y Meadows N Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr
N Orrock Y Padgett Y Parham Y Parrish Y Patten N Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson
Y Royal Y Selman N Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith.W Y Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor N Teper
Y Thomas.C N Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs N Valenti N Vaughan Y Walker.J Y Walker.L YWall
Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams ,J Y Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 148, nays 25.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Representative Lupton of the 25th was off the floor during the preceding vote. Due to a mechanical malfunction, his machine registered an "aye" vote. He wants the record to show that he was absent during the vote.
The Speaker Pro Tern assumed the Chair.
HB 283. By Representatives Dover of the llth, Godbee of the 110th, Royal of the 144th, Harris of the 84th, Barnett of the 10th and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to provide for cur rent use valuation and taxation of bona fide conservation use property and bona fide residential transitional property; tt> provide for the ad valorem tax ation of timber.
The following Committee substitute was read:
A BILL
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for current use valuation and taxation of bona fide conservation use property and bona fide residential transitional property; to provide for the ad valorem taxation of timber; to provide for qualifications and conditions; to provide for appraisal, valuation, and assessment; to provide for temporary county digest supplementation; to provide for penalties; to provide for reporting of harvested timber prior to the implementation of such method of taxation; to state legislative intent; to define terms; to provide for powers, duties, and authority of local tax officials, the state revenue commissioner, and the Department of Revenue with respect to the foregoing; to
TUESDAY, FEBRUARY 12, 1991
771
provide for related matters; to provide for additional information required to be published by the governing authority of each county prior to the establishment of the millage rate; to provide for a penalty; to provide for the determination of the millage rates by governing authorities; to provide for definitions; to provide for certification of taxable values and millage rates; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide for a press release; to provide the procedure for adopting the ordinance or resolution; to revise and change certain provisions regarding the establishment of the equalized adjusted school property tax digest; to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds, so as to revise and change such provisions with respect to the foregoing; to provide for other matters relative to the foregoing; to provide for effective dates and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking Code Section 48-5-1, relating to legislative intent of ad valorem tax laws, and inserting in its place a new Code section to read as follows:
"48-5-1. The intent and purpose of the tax laws of this state are to have all property and subjects of taxation returned at the value which would be realized from the cash sale, but not the forced sale, of the property and subjects as such property and subjects are usually sold except as otherwise provided in this chapter."
Section 2. Said chapter is further amended by striking Code Section 48-5-2, relating to definitions of terms used in the ad valorem tax laws, and inserting in its place a new Code Section 48-5-2 to read as follows:
"48-5-2. As used in this chapter, the term: (1) 'Current use value of bona fide conservation use property' means the amount
a knowledgeable buyer would pay for the property with the intention of continuing the property in its existing use and in an arm's length, bona fide sale and shall be determined in accordance with the specifications and criteria provided for in subsec tion (b) of Code Section 48-5-269.
(2) 'Current use value of bona fide residential transitional property' means the amount a knowledgeable buyer would pay for the property with the intention of con tinuing the property in its existing use and in an arm's length, bona fide sale. The tax assessor shall consider the following criteria, as applicable, in determining the cur rent use value of bona fide residential transitional property:
(A) The current use of such property; (B) Annual productivity; and (C) Sales data of comparable real property with the same existing use. {1} (3) 'Fair market value of property' means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm's length, bona fide sale. With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, rel evant, and useful information available including, but not limited to, the original cost of the property, any depreciation or obsolescence, and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the taxpayer for the purpose of discovering such information. (A) In determining the fair market value of a going business where its continued operation is reasonably anticipated, the tax assessor may value the equipment, machinery, and fixtures which are the property of the business as a whole where appropriate to reflect the accurate fair market value. (B) The tax assessor shall consider the following criteria in determining the fair market value of real property:
(i) Existing zoning of property;
772
JOURNAL OF THE HOUSE,
(ii) Existing use of property; (iii) Existing covenants or restrictions in deed dedicating the property to a par ticular use; and (iv) Any other factors deemed pertinent in arriving at fair market value. (C) Fair market value of 'historic property' as such term is defined in subsection (a) of Code Section 48-5-7.2 means: (i) For the first eight years in which the property is classified as 'rehabili tated historic property,' the value equal to the greater of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.2; (ii) For the ninth year in which the property is classified as 'rehabilitated his toric property,' the value of the property as determined by division (i) of this subparagraph plus one-half of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and (iii) For the tenth and following years, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph. (D) Fair market value of 'landmark historic property' as such term is defined in
subsection (a) of Code Section 48-5-7.3 means: (i) For the first eight years in which the property is classified as 'landmark
historic property,' the value equal to the greater of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time certification on such property was received by the
county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.3; (ii) For the ninth year in which the property is classified as 'landmark historic
property,' the value of the property as determined by division (i) of this subpara
graph plus one-half of the difference between such value and the current fair mar ket value exclusive of the provisions of this subparagraph; and
(iii) For the tenth and following years, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this
subparagraph. (E) Notwithstanding any ether provision of- law te the contrary, standing timber Timber shall be valued at its fair market value at the time of its harvest or sale
in the manner specified in Code Section 48-5-7.5 subject te the following! . {)----Standing timber net having merchantable value snaB have ne fair market
vfliuc top ftd vftioFcm idx purposc9j duct {)--With respect te determining the merchantable stumpagc value ef standing
timber, the tax assessor snaH consider; $)--Comparable stumpage sates within the United States Forest Service sur
vey writ etessifieatien in which the eeanty is located; and tflctors pcrtinent ffi &iwviii rt tiic mcFCiiAnuiDie
ef such standing timber, including, feat net limited te; stumpagc value data and uctt& reportcu oy WIG ocor^ift r orcstry L^0111mi93ion^ trie
University ef Georgia Cooperative Extension Service, er the University f Gcor-
18 OCilOOi Or F OfCSt A6SOUfCC9 ; WftlCft Qfltfl 9IICur && pPOV1QCQ Dy LilC fltOfC9fllu
agencies te the tax assessor en an annual feasisr {2} (4) 'Foreign merchandise in transit' means personal property of any description
which has been or will be moved by waterborne commerce through any port located
in this state and: (A) Which has entered the export stream, although temporarily stored or ware
housed in the county where the port of export is located; or (B) Which was shipped from a point of origin located outside the customs terri
tory of the United States and on which United States customs duties are paid at
or through any customs district or port located in this state, although stored or warehoused in the county where the port of entry is located while in transit to a
final destination."
TUESDAY, FEBRUARY 12, 1991
773
Section 3. Said chapter is further amended by striking Code Section 48-5-6, relat ing to the return of property at fair market value, and inserting in its place a new Code Section 48-5-6 to read as follows:
"48-5-6. All property shall be returned for taxation at its fair market value except as otherwise provided in this chapter."
Section 4. Said chapter is further amended by adding two new subsections providing for the assessment of bona fide conservation use property and bona fide residential transi tional property, immediately following subsection (c.l) of Code Section 48-5-7, relating to assessment of tangible property, to be designated subsections (c.2) and (c.3), respectively, to read as follows:
"(c.2) Tangible real property which is devoted to bona fide conservation uses as defined in this chapter and which otherwise conforms to the conditions and limitations imposed in this chapter shall be assessed for property tax purposes at its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to said assessment. Such property shall be recorded upon the tax digest for each assess ment year at the levy established pursuant to this subsection for the first year in which a covenant established under Code Section 48-5-7.4 is in effect and shall be taxed at that same amount for each such year. Such levy and tax shall not be changed for any year during that covenant period except upon breach of the covenant as provided for in Code Section 48-5-7.4.
(c.3) Tangible real property located in a transitional developing area which is devoted to bona fide residential uses and which otherwise conforms to the conditions and limitations imposed in this chapter for bona fide residential transitional property shall be assessed for property tax purposes at its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to said assessment. Such property shall be recorded upon the tax digest for each assessment year at the levy established pursuant to this subsection for the first year in which a covenant established under Code Section 48-5-7.4 is in effect and shall be taxed at that same amount for each such year. Such levy and tax shall not be changed for any year during that covenant period except upon breach of the covenant as provided for in Code Section 48-5-7.4."
Section 5. Said chapter is further amended by adding a new subsection at the end of Code Section 48-5-7.1, relating to the preferential assessment of certain agricultural property, to be designated subsection (s), to read as follows:
"(s) Property which is subject to preferential assessment and which is subject to a covenant under this Code section may be changed from such covenant and placed in a covenant for bona fide conservation use under Code Section 48-5-7.4 if such property meets all of the requirements and conditions specified in Code Section 48-5-7.4. Any such change shall terminate the covenant under this Code section, shall not constitute a breach of the covenant under this Code section, and shall require the establishment of a new covenant period under Code Section 48-5-7.4. No property may be changed under this subsection more than once."
Section 6. Said chapter is further amended by adding two new Code sections provid ing for qualifications and conditions with respect to current use assessment of bona fide conservation use or bona fide residential transitional property, the assessment and taxation of timber, and certain county digest supplementation, immediately following Code Section 48-5-7.3, to be designated Code Sections 48-5-7.4 and 48-5-7.5, respectively, to read as fol lows:
"48-5-7.4. (a) For purposes of this article, the term: (1) 'Bona fide conservation use property' means: (A) Not more than 2,000 acres of tangible real property of a single owner, the primary purpose of which is any good faith production, including, but not limited to, subsistence farming or commercial production from or on the land of agricultural products or timber, but: (i) Includes the value of tangible property permanently affixed to the real property which is directly connected to such owner's production of agricultural
774
JOURNAL OF THE HOUSE,
products or timber and which is devoted to the storage and processing of such agricultural products or timber from or on such real property; and
(ii) Excludes the entire value of any residence located on the property. (B) Such property must be owned by:
(i) (I) One or more natural or naturalized citizens.
(II) An estate of which the devisees or heirs are one or more natural or nat uralized citizens.
(III) A trust of which the beneficiaries are one or more natural or natural ized citizens; (ii) A family owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, or which is owned by an estate of which the devisees or heirs are one or more natural or naturalized citizens, or which is owned by a trust of which the beneficiaries are one or more natural or naturalized citizens, and such corporation derived 80 percent or more of its gross income from bona fide conservation uses within this state within the year immediately preceding the year in which eligibil ity is sought; or (iii) A bona fide nonprofit conservation organization designated under Section 501(c)(3) of the Internal Revenue Code; (C) Factors which may be considered in determining if such property is qualified may include, but not be limited to: (i) The nature of the terrain; (ii) The density of the marketable product on the land;
(iii) The past usage of the land; (iv) The economic merchantability of the agricultural product; and (v) The utilization or nonutilization of recognized care, cultivation, harvesting,
and like practices applicable to the product involved and any implemented plans
thereof; (D) Such property shall, if otherwise qualified, include, but not be limited to,
property used for: (i) Raising, harvesting, or storing crops; (ii) Feeding, breeding, or managing livestock;
(iii) Producing plants, trees, fowl, or animals; or (iv) Production of aquaculture, horticulture, floriculture, forestry, dairy, live
stock, poultry, and apiarian products; (E) Such property may also include, but not be limited to, the types of conserva tion use property specified in this subparagraph. The primary purpose of such prop
erty shall not be required to be the good faith production from or on the land of agricultural products or timber but shall be the maintenance of such property under
one or more of the following bona fide conservation uses: (i) Environmentally sensitive areas, including any otherwise qualified land
area 1,000 feet or more above the lowest elevation of the county in which such
area is located that has a percentage slope, which is the difference in elevation between two points 500 feet apart on the earth divided by the horizontal distance
between those two points, of 25 percent or greater and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area;
(ii) Wetland areas that are determined by the United States Army Corps of
Engineers to be wetlands under their jurisdiction pursuant to Section 404 of the federal Clean Water Act, as amended, or wetland areas that are depicted or delin
eated on maps compiled by the Department of Natural Resources or the United States Fish and Wildlife Service pursuant to its National Wetlands Inventory
Program; (iii) Significant ground-water recharge areas as identified on maps or data com
piled by the Department of Natural Resources; (iv) Undeveloped barrier islands or portions thereof as provided for in the fed
eral Coastal Barrier Resources Act, as amended; (v) Habitats as certified by the Department of Natural Resources as contain
ing species that have been listed as either endangered or threatened under the
TUESDAY, FEBRUARY 12, 1991
775
federal Endangered Species Act of 1973, as amended. With respect to plants, a habitat shall be the contiguous area which has the same soil type as the soil in which such plants are located. With respect to animals, a habitat shall be the area within 100 yards of the animal's nest, nesting area, den, roost, rookery, or similar breeding or resting area; and
(vi) River corridors which shall be defined as those undeveloped lands adja cent to rivers and perennial streams that are within the 100 year flood plain as depicted on official maps prepared by the Federal Emergency Management Agency;
(F) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such quali fying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or con servation problems. The lease of hunting rights shall not constitute another type of
business; (G) The owner of a tract, lot, or parcel of land totaling less than ten acres may
be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use; and
(H) No property shall qualify as bona fide conservation use property if such cur rent use assessment would result in any person who has a beneficial interest in such
property, including any interest in the nature of stock ownership, receiving in any tax year any benefit of current use assessment as to more than 2,000 acres. If any
taxpayer has any beneficial interest in more than 2,000 acres of tangible real prop erty which is devoted to bona fide conservation uses, such taxpayer shall apply for current use assessment only as to 2,000 acres of such land. (2) 'Bona fide residential transitional property' means not more than five acres of
tangible real property of a single owner which is private single-family residential owner occupied property located in a transitional developing area. Such classification
shall apply to all otherwise qualified real property which is located in an area which is undergoing a change in use from single-family residential use to agricultural, com mercial, industrial, office-institutional, multifamily, or utility use or a combination of
such uses. Change in use may be evidenced by recent zoning changes, increased assess ments directly attributable to development, purchase by a developer, affidavits of
intent, or close proximity to property which has undergone a change from singlefamily residential use.
(b) No property shall qualify for current use assessment under this Code section unless and until the owner of such property agrees by covenant with the appropriate taxing authority to maintain the eligible property in bona fide qualifying use for a
period of ten years beginning on the first day of January of the year in which such prop
erty qualifies for such current use assessment and ending on the last day of December of the final year of the covenant period. After the owner has applied for and has been allowed current use assessment provided for in this Code section, it shall not be neces
sary to make application thereafter for any year in which the covenant period is in effect
and current use assessment shall continue to be allowed such owner as specified in this Code section. After the expiration of any covenant period or any renewal covenant period, the property shall not qualify for further current use assessment under this Code
section unless and until the owner of the property enters into a renewal covenant for an additional period of ten years.
(c) (1) A single owner shall be authorized to enter into more than one covenant under this Code section for bona fide conservation use property, provided that the
aggregate number of acres of qualified property of such owner to be entered into such covenants does not exceed 2,000 acres. Any such qualified property may include a tract or tracts of land which are located in more than one county. A single owner shall
be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter simultaneously the residence located on such property in a cov
enant for bona fide residential transitional use if the qualifications for each such cove nant are met. A single owner shall be authorized to enter qualified property in a
776
JOURNAL OF THE HOUSE,
covenant for bona fide conservation use purposes and to enter other qualified property of such owner in a covenant for bona fide residential transitional use.
(2) A single owner shall not be authorized to make application for and receive cur rent use assessment under this Code section for any property of such owner which at the time of such application is eligible for and receiving preferential assessment under Code Section 48-5-7.1. (d) (1) Except as otherwise provided in paragraph (2) of this subsection, no prop erty shall maintain its eligibility for current use assessment under this Code section unless a valid covenant remains in effect and unless the property is continuously devoted to the applicable bona fide qualifying use during the entire period of the cov enant.
(2) An owner shall be authorized to change the type of bona fide qualifying conser vation use for which a covenant has been granted to another such bona fide qualifying conservation use and the penalty imposed by subsection (h) of this Code section shall not apply. In that event, a new application for current use assessment under this Code section, including a new covenant agreement, shall be made by such owner. (e) (1) Except as otherwise provided in paragraph (2) of this subsection, if any change in ownership of such qualified property occurs during the covenant period which change:
(A) Is not a ground for imposing the penalty under subsection (h) of this Code section, the property shall be eligible to be continued for current use assessment under the existing covenant until a terminating breach occurs or until the end of such specified covenant period; or
(B) Is a ground for imposing the penalty under subsection (h) of this Code sec tion, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for current use assessment under this Code section.
(2) (A) If any change in ownership of such qualified property occurs during the covenant period under subsection (1) of this Code section, the penalty under subsec tion (h) of this Code section shall not apply and such property shall continue under the existing covenant until a breach occurs or until the end of such specified cove nant period.
(B) If ownership of the property is acquired during a covenant period by a per son qualified to enter into an original covenant, by a newly formed corporation the stock in which is owned by the original covenantor or others related to the original covenantor within the fourth degree by civil reckoning, or by the personal represen tative of an owner who was a party to the covenant, then the original covenant may be continued by such acquiring party for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred.
(f) (1) All applications for current use assessment under this Code section, includ ing the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such current use assessment under this Code section shall be first applica ble. An application for continuation of such current use assessment upon a change in ownership of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for current use assessment under this Code section shall be filed with the county board of tax assessors who shall approve or deny the application. If the appli cation is denied, the board of tax assessors shall notify the applicant in the same man ner that notices of current use assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.
(2) In the event such application is approved, the taxpayer shall continue to receive annual notification of any change in the fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311.
TUESDAY, FEBRUARY 12, 1991
777
(g) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for current use assessment under this Code sec tion. Such application shall include an oath or affirmation by the taxpayer that he is in compliance with the provisions of subsection (c) of this Code section.
(h) A penalty shall be imposed under this subsection if during the period of the cov enant entered into by a taxpayer the covenant is breached. The penalty shall be applica ble to the entire tract which is the subject of the covenant and shall be twice the difference between the total amount of tax paid pursuant to current use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period.
(i) A penalty imposed under subsection (h) of this Code section shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached.
(j) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each tax ing jurisdiction wherein current use assessment under this Code section has been
granted based upon the total amount by which such current use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section.
(k) The penalty imposed by subsection (h) of this Code section shall not apply in
any case where a covenant is breached solely as a result of: (1) The acquisition of part or all of the property under the power of eminent
domain;
(2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or
(3) The death of an owner who was a party to the covenant. (I) (1) The transfer of the property subject to a covenant for a bona fide residential
transitional use shall not constitute a breach of such covenant if: (A) The property so transferred is used for single-family residential purposes
and the residence is occupied by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and
(B) The property so transferred, taken together with any other property so transferred to the same relative during the covenant period, does not exceed a total of five acres.
The property so transferred shall continue under the existing covenant until a termi
nating breach occurs or until the end of the specified covenant period. (2) The transfer of a part of the property subject to a covenant for a bona fide
conservation use shall not constitute a breach of such covenant if:
(A) The part of the property so transferred is used for single-family residential purposes within one year of the date of transfer and the residence is occupied by
a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and
(B) The part of the property so transferred, taken together with any other part of the property so transferred to the same relative during the covenant period, does not exceed a total of five acres.
The property so transferred shall not be eligible for a covenant for bona fide conserva tion use, but shall, if otherwise qualified, be eligible for current use assessment as resi
dential transitional property. The remainder of the property from which such transfer was made shall continue under the existing covenant until a terminating breach occurs
or until the end of the specified covenant period. (3) The transfer of a part of the property subject to a covenant for a bona fide
conservation use shall not constitute a breach of such covenant if: (A) The part of the property so transferred is used for the same qualifying con
servation use purpose or any other qualifying conservation use purpose and the
property is transferred to a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and
778
JOURNAL OF THE HOUSE,
(B) The part of the property so transferred, taken together with any other part of the property so transferred to the same relative during the covenant period, does not exceed a total of five acres. The property so transferred shall if otherwise qualified be eligible for a covenant for bona fide conservation use. The remainder of the property from which such transfer was made shall continue under the existing covenant until a terminating breach occurs or until the end of the specified covenant period,
(m) The following shall not constitute a breach of a covenant: (1) Mineral exploration of the property subject to the covenant or the leasing of
the property subject to the covenant for purposes of mineral exploration if the pri mary use of the property continues to be the good faith production from or on the land of agricultural products; or
(2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes, (n) (1) In any case in which a covenant is breached solely as a result of the foreclo sure of a deed to secure debt, or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, the penalty specified by paragraph (2) of this subsection shall apply and the penalty specified by subsection (h) of this Code section shall not apply if:
(A) The deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received considera
tion equal in value to the principal amount of the debt secured by the deed to secure debt;
(B) The loan was made by a person or financial institution who or which is regu
larly engaged in the business of making loans; and (C) The deed to secure debt was intended by the parties as security for the loan
and was not intended for the purpose of carrying out a transfer which would other
wise be subject to the penalty specified by subsection (h) of this Code section. (2) When a breach occurs solely as a result of a foreclosure which meets the quali
fications of paragraph (1) of this subsection, the penalty imposed shall be the amount by which the assessment under this Code section has reduced taxes otherwise due for the year in which the covenant is breached.
(3) A penalty imposed under this subsection shall bear interest at the rate speci fied in Code Section 48-2-40 from the date the covenant is breached,
(o) (1) In any case in which a covenant is breached solely as a result of a medically demonstrable illness or disability which renders the owner of the real property physi cally unable to continue the property in the qualifying use, the penalty specified by
paragraph (2) of this subsection shall apply and the penalty specified by subsection (h) of this Code section shall not apply.
(2) When a breach occurs which meets the qualifications of paragraph (1) of this
subsection, the penalty imposed shall be the amount by which the assessment under this Code section has reduced taxes otherwise due for the year during which the cove nant is breached.
(3) A penalty imposed under this subsection shall bear interest at the rate speci
fied in Code Section 48-2-40 from the date the covenant is breached. (4) Prior to the imposition of the penalty authorized by this subsection in lieu of
the penalty specified by subsection (h) of this Code section, the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the
result of a medically demonstrable illness or disability which meets the qualifications of paragraph (1) of this subsection.
(p) Property which is subject to current use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate clas sification shall be such as will enable any person examining the tax digest to ascertain
readily that the property is subject to current use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner
as will allow members of the public to locate readily the covenant affecting any particu lar property subject to current use assessment under this Code section.
TUESDAY, FEBRUARY 12, 1991
779
(q) The commissioner shall annually submit a report to the Governor and the House Ways and Means, Natural Resources, and Agriculture and Consumer Affairs committees and the Senate Finance and Public Utilities, Natural Resources, and Agriculture com mittees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regard ing state and local administration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the commissioner deems relevant.
48-5-7.5. (a) Timber shall be assessed only once and such assessment shall be made following its harvest or sale as provided for in this Code section and on the basis of its fair market value. Such timber shall be assessed at two and one-half times the assessed percentage of value specified in subsection (a) of Code Section 48-5-7 for taxable tangi ble property, but in no event greater than its fair market value, and shall be taxed on a levy made by each respective taxing jurisdiction according to the assessed percentage of such timber's fair market value.
(b) For purposes of this Code section, the term 'sale of timber' shall mean the sale of standing timber for harvest separate and apart from the underlying land and shall not include the simultaneous sale of a tract of land and the timber thereon.
(c) Lump sum sales.
(1) Where standing timber is sold by timber deed, contract, lease, or otherwise directly by the owner of real property in this state for a lump sum price, the fair mar ket value of such timber for purposes of ad valorem taxation shall be the lump sum price agreed upon by the landowner and purchaser and paid by the purchaser for the standing timber; provided, however, that such fair market value shall not be less than the fair market value established pursuant to paragraph (4) of subsection (d) of this Code section. Ad valorem taxes shall be payable by the seller in the lump sum sales transaction and calculated by multiplying two and one-half times the assessed per centage of value specified in subsection (a) of Code Section 48-5-7 for taxable tangible property times the millage rate applicable at the time of the sale. Immediately upon receipt by the seller of the purchase price, the seller shall remit to the purchaser the amount of ad valorem tax due on the sale payable to the tax collector or tax commis sioner which tax shall be paid to the tax collector or tax commissioner not later than five days after receipt of the tax from the seller.
(2) Every purchaser of standing timber by lump sum sale shall within 30 days fol lowing the sale present to the tax collector or tax commissioner of the county or coun ties in which the standing timber is located a written disclosure of the sales price paid, on a form provided by the commissioner, showing the lump sum sales price of the standing timber, the addresses of the seller and purchaser, and the location of the standing timber in the county or counties in which the standing timber is located. In the event the timber sold is located in more than one county, the portion of the sales price of the timber located in each county shall be reported to that county. The tax collector or tax commissioner of each county shall collect from the purchaser the ad valorem tax remitted by the seller to the purchaser for the timber in that county and shall enter upon or attach to the instrument conveying the standing timber a certifica tion that the ad valorem tax has been paid, the date, and the amount of the tax. The certificate shall be signed by the tax collector or tax commissioner or his deputy and a copy thereof or a receipt showing payment on the tax shall be delivered by the tax collector or tax commissioner or his deputy to the seller. The purchaser holding an instrument upon which the tax has been paid as provided by this Code section may then present the instrument together with the certificate to the clerk of superior court of the county or counties in which the standing timber is located, who shall then file the instrument for record. The ad valorem tax levied under this subsection on lump sum sales of standing timber shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the instrument with the clerk
780
JOURNAL OF THE HOUSE,
of superior court, and the clerk shall not be permitted to file the instrument for record unless the instrument discloses on its face the certificate of the tax collector or tax commissioner or his deputy showing that the tax has been paid. The certificate entered upon or attached to the instrument shall be recorded with the instrument, shall be the real estate transfer tax form or shall be in the form required by the com missioner, and shall in each instance bear the signature of the tax collector or tax commissioner or his deputy.
(3) Any person, company, corporation, or others purchasing standing timber by lump sum sale shall within 30 days of the end of each calendar quarter furnish the Georgia Forestry Commission a report by county of the lump sum prices paid and number of pounds, if available, or measured volume received through the last business day of each calendar quarter under such timber deed contract, lease, or agreement for softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, and fuel wood. All price data furnished to the Georgia Forestry Commission shall be exempt from inspection under Article 4 of Chapter 18 of Title 50 and shall be privileged and confidential and shall not be subject to inspection by any person other than autho rized personnel of the Georgia Forestry Commission and the department and shall be used only for the purpose of determining average unit prices in the applicable survey unit under paragraph (4) of subsection (d) of this Code section,
(d) Unit price sales.
(1) Any person, company, corporation, or others purchasing standing timber by timber deed, contract, lease, or otherwise directly from the owner of real property in this state by unit prices shall within 45 days of the end of each calendar quarter fur nish the Georgia Forestry Commission a report by county of the unit prices paid and number of pounds or measured volume received through the last business day of each calendar quarter under such timber deed contract, lease, or agreement for softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, and fuel wood. All price data furnished to the Georgia Forestry Commission shall be exempt from inspec tion under Article 4 of Chapter 18 of Title 50 and shall be privileged and confidential and shall not be subject to inspection by any person other than authorized personnel of the Georgia Forestry Commission and the department and shall be used only for the purpose of determining average unit prices in the applicable survey unit under paragraph (4) of this subsection.
(2) Any person, company, corporation, or others purchasing standing timber by timber deed, contract, lease, or otherwise directly from the owner of real property in this state by unit prices shall furnish the owner of such real property, within 45 days of the end of each calendar quarter, a report showing the total dollar value of standing timber paid to the owner through the last business day of each calendar quarter for standing timber harvested in each county from said property, the names and addresses of the seller and the purchaser of the standing timber, and the location of the harvested timber. Copies of such report shall be furnished by the seller and by the purchaser to the tax assessor of each county from which the timber was removed within 60 days of the end of each calendar quarter.
(3) Owners of real property in this state who harvest standing timber from their own lands shall report the volume, in pounds, if available, or measured volume, of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, and fuel wood harvested and reported in each county from said lands in each calendar quarter to the tax assessor of each such county within 45 days of the end of each calendar quarter. Such reports shall also identify the location of the tract from which the standing tim ber was harvested.
(4) The department, based upon data from the Georgia Forestry Commission, shall provide the tax assessors of each county with the average price paid, in pounds and measured volume, during each calendar quarter for softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, and fuel wood in the United States Forest Ser vice survey unit classification in which the county is located and the average price paid in lump sum sales in such county during the preceding calendar quarter within 90 days of the end of each calendar quarter. The combined average of the most recent
TUESDAY, FEBRUARY 12, 1991
781
lump sum sales and unit price sales values provided by the department shall be applied by the tax assessors to the volume of wood removals reported as provided in this subsection to determine the fair market value of timber harvested by any person, company, corporation, or other purchasing of timber by timber deed, contract, lease, or otherwise directly from the landowner or timber harvested by landowners on their own lands in the county during each calendar quarter, and the tax assessors shall send the ad valorem tax assessment on such value to such landowners.
(e) Other sales. (1) Where standing timber is sold other than by lump sum sale or unit price sale
by timber deed, contract, lease, or otherwise in this state, the fair market value of such timber shall be established as provided in this subsection. Ad valorem taxes shall be payable by the seller in any such sales transaction and calculated by multiplying two and one-half times the assessed percentage of value specified in subsection (a) of Code Section 48-5-7 for taxable tangible property times the millage rate applicable at the time of the sale. Immediately upon receipt by the seller of the notice of ad valo rem tax assessment by the tax assessor, the seller shall remit to the purchaser the amount of ad valorem tax due on the sale payable to the tax collector or tax commis sioner which tax shall be paid to the tax collector or tax commissioner not later than five days after receipt of the tax from the seller.
(2) Every purchaser of standing timber by a sale under this subsection shall within 30 days following the sale present to the tax collector or tax commissioner of the county or counties in which the standing timber is located a written disclosure of the sales price paid, on a form provided by the commissioner, showing the sales price of the standing timber, the addresses of the seller and purchaser, and the location of the standing timber in the county or counties in which the standing timber is located. In the event the timber sold is located in more than one county, the portion of the sales price of the timber located in each county shall be reported to that county. The tax assessors shall, utilizing the data provided under paragraph (4) of subsection (d) of this Code section, apply the combined average of the most recent lump sum sales and unit price sales values provided by the department to determine the fair market value of timber under this subsection. The tax assessor shall send the ad valorem tax assess ment on such value to the purchaser and the seller. The tax collector or tax commis sioner of each county shall collect from the purchaser the ad valorem tax remitted by the seller to the purchaser for the timber in that county and shall enter upon or attach to the instrument conveying the standing timber a certification that the ad valorem tax has been paid, the date, and the amount of the tax. The certificate shall be signed by the tax collector or tax commissioner or his deputy and a copy thereof or a receipt showing payment on the tax shall be delivered by the tax collector or tax commissioner or his deputy to the seller. The purchaser holding an instrument upon which the tax has been paid as provided by this Code section may then present the instrument together with the certificate to the clerk of superior court of the county or counties in which the standing timber is located, who shall then file the instrument for record. The ad valorem tax levied under this subsection on such other sales of standing timber shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the instrument with the clerk of superior court, and the clerk shall not be permitted to file the instrument for record unless the instrument discloses on its face the certificate of the tax collector or tax commissioner or his deputy showing that the tax has been paid. The certificate entered upon or attached to the instrument shall be recorded with the instrument, shall be the real estate transfer tax form or shall be in the form required by the commissioner, and shall in each instance bear the signature of the tax collector or tax commissioner or his deputy.
(f) Harvest of timber.
(1) In the event that standing timber is harvested, which timber is not subject to ad valorem taxation under subsection (c), (d), or (e) of this Code section, such timber shall be subject to ad valorem taxation under this subsection. The person, firm, com pany, or corporation harvesting such timber pursuant to a timber deed, contract, lease,
782
JOURNAL OF THE HOUSE,
or otherwise from real property in this state shall report the volume, in pounds or measured volume, of softwood and hardwood pulpwood, chip and saw logs, saw tim ber, poles, and fuel wood harvested in each county from said lands in each calendar quarter to the tax assessor of each such county within 45 days of the end of each cal endar quarter. Such reports shall also identify the location of the tract from which the standing timber was harvested.
(2) The department, based upon data from the Georgia Forestry Commission, shall provide the tax assessors of each county with the average price paid, in pounds and measured volume, during each calendar quarter for softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, and fuel wood in the United States Forest Ser vice survey unit classification in which the county is located and the average price paid in lump sum sales in such county during the preceding calendar quarter within 90 days of the end of each calendar quarter. The combined average of the most recent lump sum sales and unit price sales values provided by the department shall be applied by the tax assessors to the volume of wood removals reported as provided in this subsection to determine the fair market value of timber under this subsection which is harvested by any person, firm, company, corporation, or other purchaser of timber by timber deed, contract, lease, or otherwise in the county during each calen dar quarter, and the tax assessors shall send the ad valorem tax assessment on such value to such person, firm, company, or corporation.
(g) In any instance in which any purchaser willfully fails to present a copy of the instrument conveying the standing timber, a written disclosure on a form provided by the commissioner, or a memorandum thereof to the tax collector or tax commissioner with the intent to evade the tax, or if any seller, harvester of timber, or owner of real property willfully fails to file any report required under this Code section with the intent to evade the tax, he shall pay a penalty of 50 percent of the tax due for timber sold or harvested, together with interest on the principal amount at the rate specified in Code Section 48-2-40 from the date the instrument should have been presented, or report should have been filed, until the tax is paid. If the failure to comply with the provisions of this Code section is due to oversight and without intent to evade the tax, a penalty shall be imposed at the rate of 10 percent of the tax due plus interest as speci fied in this subsection.
(h) (1) Ad valorem taxes on the total dollar values for unit price sales under sub section (d) of this Code section and on the fair market values for landowner harvested timber under subsection (d) of this Code section as thus determined shall be payable by the landowner who sells his timber by unit prices or who harvests his own timber on the standing timber harvested in a calendar quarter at the millage rate applicable at the time of harvest within 30 days of receipt of the bill from the tax commissioner. Any ad valorem tax on timber which is not paid as provided in this Code section shall bear interest at the rate specified in Code Section 48-2-40 from the due date of such tax. Unpaid taxes, penalty, and interest imposed under this Code section shall consti tute a lien against the real property of the landowner responsible for payment of such tax and shall be collected in the same manner as other unpaid ad valorem taxes are collected.
(2) Ad valorem taxes on the total dollar values for lump sum sales under subsec tion (c) of this Code section and on other sales under subsection (e) of this Code sec tion shall be payable by the seller who sells his timber by lump sum sale or other sale as provided in this Code section. Any ad valorem tax on timber which is not paid as provided in this Code section shall bear interest at the rate specified in Code Section 48-2-40 from the due date of such tax. Unpaid taxes, penalty, and interest imposed under this Code section shall constitute a lien against the property of the seller responsible for payment of such tax and shall be collected in the same manner as other unpaid ad valorem taxes are collected.
(3) Ad valorem taxes on the fair market values for timber harvested under subsec tion (f) of this Code section as thus determined shall be payable by the person, firm, company, or corporation who harvests the standing timber in a calendar quarter at the millage rate applicable at the time of harvest within 30 days of receipt of the bill from
TUESDAY, FEBRUARY 12, 1991
783
the tax commissioner. Any ad valorem tax on timber which is not paid as provided in this Code section shall bear interest at the rate specified in Code Section 48-2-40 from the due date of such tax. Unpaid taxes, penalties, and interest imposed under this Code section shall constitute a lien against the property of such person, firm, company, or corporation responsible for payment of such tax and shall be collected in the same manner as other unpaid ad valorem taxes are collected. (i) The millage rate applicable at the time of sale or the time of harvest of standing timber shall be the millage rate for the preceding year until the county adopts a millage rate for the current year, whereupon the newly adopted millage rate shall be applicable beginning at the first day of the calendar quarter immediately succeeding the calendar quarter in which the new rate was adopted. (j) Forms for reports required by this Code section to county tax assessors shall be supplied to each county by the department. (k) (1) In any county in which the ad valorem taxation of timber pursuant to this Code section reduces the total property tax digest of such county for tax year 1992 by more than 20 percent of the amount of the total property tax digest of such county for the immediately preceding taxable year, such digest shall be supplemented for the taxable year in which such event occurs as follows:
(A) The difference between the total property tax digest for the county and the total property tax digest less the total assessed value of standing timber removed from the digest shall be calculated;
(B) The difference calculated under subparagraph (A) of this paragraph shall be reduced by the fair market value of harvested timber; and
(C) If the amount calculated under subparagraph (B) of this paragraph is more than 20 percent of the amount of the total property tax digest of such county for the immediately preceding taxable year, the resulting amount shall be assigned and taxed on a levy made by the tax officials of such county in a pro rata manner against the land underlying the standing timber so removed from the digest. (2) Where a digest is so supplemented for tax year 1992, it shall be supplemented in subsequent years as follows:
(A) For tax year 1993, such supplemental assessment shall be in an amount equal to 75 percent of the supplemental assessment received for tax year 1992;
(B) For tax year 1994, such supplemental assessment shall be in an amount equal to 50 percent of the supplemental assessment received for tax year 1992;
(C) For tax year 1995, such supplemental assessment shall be in an amount equal to 25 percent of the supplemental assessment received for tax year 1992; and
(D) For tax year 1996 and future tax years, no supplemental assessment shall be received.
(1) (1) Any supplemental assessment added to a digest pursuant to subsection (k) of this Code section shall not be included in the calculation of the equalized adjusted school property tax digest under Code Section 48-5-274 for the purpose of calculating the required local fair share for school funding purposes under Code Section 20-2-164.
(2) The fair market value of harvested timber added to a digest pursuant to this Code section shall be included in the calculation of the equalized adjusted school property tax digest under Code Section 48-5-274 for the purpose of calculating the required local fair share for school funding purposes under Code Section 20-2-164."
Section 7. Said chapter is further amended by striking Code Section 48-5-32, relating to publication by counties of ad valorem tax rates, and inserting in its place a new Code Section 48-5-32 to read as follows:
"48-5-32. (a) At least two weeks prior to the establishment of the millage rate for ad valorem tax purposes for the current calendar year, the governing authority of each county shall cause a report to be published in a newspaper of general circulation which is the legal organ of such county throughout the county. Such report shall be in a promi nent location in such newspaper and shall not be included with legal advertisements. The size and location of the advertisement shall not be grounds for contesting the valid ity of the levy. Such report shall contain the following:
784
JOURNAL OF THE HOUSE,
(1) The assessed taxable value of all property, by class and in total, which is sub ject to ad valorem taxation for county purposes for the current calendar year and such assessed taxable values and the millage rates for .county purposes for each of the immediately preceding five fiscal calendar years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for county purposes for each of the immediately preceding five calendar years. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year; and
(2) The assessed taxable value of all property, by class and in total, which is sub ject to ad valorem taxation for school purposes for the current calendar year and such assessed taxable values and the millage rates for school purposes for the immediately preceding five calendar years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for school purposes for each of the immediately preceding five calendar years. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year. (b) The commissioner shall not accept for review the digest of any county which does not submit simultaneously a copy of such published report with such digest. In the event a digest is not accepted for review by the commissioner pursuant to this subsection, it shall be accepted for review upon satisfactory submission by such county of a copy of such published report."
Section 8. Said chapter is further amended by adding a new Code section immedi ately following Code Section 48-5-32, to be designated Code Section 48-5-32.1, to read as follows:
"48-5-32.1. (a) As used in this Code section, the term: (1) 'Ad valorem tax' or 'property tax' means a tax imposed upon the assessed value
of property. (2) 'Certified tax digest" means that annual property tax digest certified by the tax
commissioner of a taxing jurisdiction to the Department of Revenue and approved by the state revenue commissioner.
(3) 'Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction.
(4) 'Mill' means one one-thousandth of a United States dollar. (5) 'Millage' or 'millage rate' means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the taxing jurisdiction's expenses for their fiscal year. (6) 'Roll-back rate' means the millage rate levied in the fiscal year immediately preceding the new fiscal year minus the millage equivalent of the values added by reassessment certified by the tax assessor. (7) 'Taxing jurisdiction' means a county or municipality, a county, independent, or area school district, or a consolidated city-county government or other political subdi vision of the state which exercises the power to levy or which causes to be levied ad valorem taxes to carry out its purposes. (8) 'Values added by reassessments' means all taxable assessed values added to the certified tax digest as a result of revaluation of existing real property, not including taxable values added as a result of new construction or additions or deletions of struc tures from the most recent certified tax digest or additions or deletions in the aggre gate taxable value of property other than real property. (b) On or before October 1 of each year, the tax receiver or tax commissioner shall certify to the governing authority of each taxing jurisdiction: (1) The assessed taxable value of all property, including harvested timber, by class of property and in total, which is subject to taxation for that fiscal year within the county; (2) The assessed taxable value contained in the certified tax digest for that fiscal year which was added by reassessment of existing properties; and (3) Instructions describing the method to compute a millage rate for the next fiscal year which, exclusive of values added by new construction, additions, deletions, and
TUESDAY, FEBRUARY 12, 1991
785
property added or deleted due to geographic boundary changes but inclusive of values added by reassessments, will provide the same ad valorem tax revenue for the county's next fiscal year as was levied during the current fiscal year. (c) (1) No millage for the fiscal year beginning in 1992 and any year thereafter may be levied until the governing authority of the taxing jurisdiction adopts a resolution or ordinance which specifies the millage rate. The resolution or ordinance shall be adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction and shall be adopted only after the govern ing authority of the taxing jurisdiction has complied with the provisions of this Code section. Whenever a governing authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it may establish its millage rate pursuant to this subsection.
(2) In those instances in which the governing authority proposes to establish any millage rate which would require increases beyond the roll-back rate, the governing authority shall advertise its intent to do so and meet again to adopt its ordinance or resolution establishing a millage rate in excess of the roll-back rate. The meeting shall be held not earlier than three weeks following the date when the proposed millage rate was determined.
(3) Not later than one week prior to final consideration of the proposed millage rate, the governing authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government, which shall read as follows:
'NOTICE OF PROPERTY TAX INCREASE The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes by (percentage increase over roll-back rate) percent. All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time). A FINAL DECISION on the proposed tax increase will be made at this hearing.' Simultaneously with this notice the governing authority shall provide a press release to the local media. (4) The advertisement shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. (5) At the final hearing, the millage rate shall be adopted. The ordinance or reso lution shall specify the roll-back rate and the final millage rate. In no event shall the governing authority levy a millage rate in excess of the proposed millage rate as estab lished pursuant to paragraph (2) of this subsection. (6) Any notice or hearing required under this Code section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36. Nothing in this Code section shall be deemed to preclude the conduct of further hearings, if the governing authority deems such hearings necessary and complies with the general notice requirements of paragraphs (1) and (2) of this subsection. (7) A subsequent adjustment in the millage rate for the then current tax year made by the governing authority of any taxing jurisdiction to effect the adjustments required by Article 5A of this chapter shall not require new advertisement and hear ings as required in this Code section. (d) Nothing contained in this Code section shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate."
Section 9. Said chapter is further amended by striking Code Section 48-5-33, relat ing to inclusion of standing timber as part of real property, which reads as follows:
"48-5-33. In the returning, appraisal, and assessment of tangible property, standing timber shall be included for all purposes as a part of the real property upon which it is located, and such standing timber shall not constitute a separate stratum of prop erty.", and inserting in its place the following:
"48-5-33. Reserved."
786
JOURNAL OF THE HOUSE,
Section 10. Said chapter is further amended by striking Code Section 48-5-269, relating to rules and regulations concerning appraisal and assessment of property, and inserting in its place a new Code section to read as follows:
"48-5-269. (a) Subject to the limitations contained in Chapter 2 of this title, the commissioner may promulgate rules and regulations specifically regarding this part, including, but not limited to, the following:
(1) Prescription of the forms, books, and records to be used for standard property tax reporting for all taxing units, including, but not limited to, the forms, books, and records to be used in the listing, appraisal, and assessment of property and how the forms, books, and records shall be compiled and kept;
(2) Prescription of the form and content of state-wide, uniform appraisal and assessment forms, books, and manuals;
(3) Development and prescription of procedures under which property sales ratio surveys shall be conducted; and
(4) Prescription of methods and procedures by which identification data, appraisal and assessment data, sales data, and any other information relating to the appraisal and assessment of property shall be furnished to the department using electronic data-processing data processing systems and equipment. (b) The commissioner shall promulgate after consultation with the Department of Agriculture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commis sion, the Department of Natural Resources, and the Cooperative Extension Service, and county tax officials shall follow, in arriving at current use value of bona fide conserva tion use property, uniform rules and regulations governing the appraisal of such prop erty. Such rules and regulations shall include, but not be limited to, the following provisions and criteria:
(1) A formula to determine state standard current use values based on the capitali zation of per acre, net income from major base acreage crops harvested in Georgia; per acre rental rates from pasture land; and per acre net income from a weighted average of hardwood and softwood harvested in Georgia;
(2) Annual productivity; (3) Sales data of comparable real property with the same existing use; and (4) The state may be divided into appropriate geographical regions for the purpose of determining any calculations under this subsection."
Section 11. Said chapter is further amended by striking subsection (a) of Code Sec tion 48-5-274, relating to the establishment of the equalized adjusted school property tax digest, and inserting in its place a new subsection (a) to read as follows:
"(a) The state auditor shall establish on a continuing basis, no later than November 15 in each year, an equalized adjusted school property tax digest for each county in the state and for the state as a whole for the current calendar year. All real and personal property exempted from taxation for school purposes shall be excluded from the digest. The state auditor may establish a unit within the Department of Audits and Accounts consisting of such number of personnel as is deemed necessary in order to establish and maintain on a continuing basis the equalized adjusted school property tax digest. The equalized adjusted school property tax digest shall be established and maintained as fol lows:
(1) Determine the locally assessed valuation of the county property tax assessment digest for the preceding calendar year, exclusive of real and personal property exempted from taxation for school purposes and of railroad equipment company prop erty shown on the county railroad equipment company property tax digest2 exclusive of any property subject to current use valuation on the county property tax digest, and exclusive of the locally assessed valuation of harvested timber;
(1.1) Determine the locally assessed valuation of harvested timber;
(2) Divide the sum of the locally assessed valuation of the county property tax assessment digest under paragraph (1) of this subsection by the ratio of assessed value to true value of the property established by the state auditor in accordance with para graph (5) of this subsection;
TUESDAY, FEBRUARY 12, 1991
787
(3) Determine the sum of the assessed valuation of the county railroad equipment company property tax digest for the preceding calendar year and divide such sum by the equalization ratio for the year established by the commissioner for the purpose of assessing railroad equipment company properties throughout the state;
(3.1) Determine the sum of the assessed current use valuation of the county prop erty tax digest;
(4) The total of the sums obtained through the calculations prescribed in para graphs (2)j and (3)j and (3.1) of this subsection shall be known as the current equal ized adjusted school property tax digest of the county. The sum of the current equalized adjusted school property tax digest of all counties of the state combined shall be known as the current equalized adjusted school property tax digest for the state as a whole; and
(5) Establish for each county in the state the average ratio of assessed value to true value of county property subject to taxation for school purposes, excluding rail road equipment company property. The ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during a preceding period of time, such period to be determined by the state auditor, and by establishing the average ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied. The representative number of parcels of real property used for the study shall not include any parcel title to which was transferred pursuant to the exercise of the power of eminent domain. No single parcel included in the study shall have a sales price which exceeds 10 percent of the total sales price of all parcels included in the study. The state auditor shall supplement realty sales price data available in any county with actual appraisals of a representative number of parcels of farm property and industrial and commercial property located within the county, the title to which was not transferred within the period of time determined by the state auditor. The state auditor may make appraisals on other types of real property located within the county when adequate reliable sales data cannot be obtained on such property. The state auditor shall use the same ratio for other per sonal property, excluding motor vehicles, within the county as is finally determined for real property within the county."
Section 12. Code Section 20-2-164 of the Official Code of Georgia Annotated, relat ing to local fair share funds, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) The State Board of Education shall calculate the amount of local fair share funds that each local school system shall be required to spend each fiscal year to sup port the Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed one-half of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. The amount of each local school system's local fair share shall be calculated as follows:
(1) Multiply Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to harvested timber cal culated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multi ply the difference by At and add to that product the amount attributable to harvested timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;
(2) From the product amount calculated in paragraph (1) of this subsection deduct the total amount calculated pursuant to subsection (g) of this Code section; and
(3) Multiply the remainder calculated in paragraph (2) of this subsection by .005."
Section 13. To assist counties and boards of education in planning, volumes of standing timber harvested in each county through the last business day the second and third quarters of calendar year 1991 shall be reported by the purchaser by product classes as enumerated in paragraph (1) of subsection (d) of Code Section 48-5-7.5, in pounds, if available, or measured volume, to the tax assessor of the county or counties in which the timber was harvested by November 15, 1991. Owners of real property in this state who
788
JOURNAL OF THE HOUSE,
harvest their own timber shall report volumes of standing timber harvested and reported in each county through the last business day of the second and third quarters of calendar year 1991 by product class as enumerated in paragraph (1) of subsection (d) of Code Sec tion 48-5-7.5, in pounds or measured volume, to the tax assessor of the county or counties in which the timber was harvested by November 15, 1991. The Department of Revenue, based upon data from the Georgia Forestry Commission, shall provide the tax assessor of each county with the average price, in pounds and measured volume, paid through the last business day of such period for each product class as enumerated in paragraph (1) of sub section (d) of Code Section 48-5-7.5.
Section 14. (a) Section 13 of this Act and this section shall become effective April 1,1991.
(b) The remaining sections of this Act shall become effective January 1, 1992, and shall apply with respect to ad valorem taxes levied in 1992 and all future taxable years.
Section 15. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Dover of the llth, et al. move to amend the Committee substitute to HB 283 by striking from lines 1 through 32 of page 8 the following:
'"(c.2) Tangible real property which is devoted to bona fide conservation uses as defined in this chapter and which otherwise conforms to the conditions and limitations imposed in this chapter shall be assessed for property tax purposes at its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to said assessment. Such property shall be recorded upon the tax digest for each assess ment year at the levy established pursuant to this subsection for the first year in which a covenant established under Code Section 48-5-7.4 is in effect and shall be taxed at that same amount for each such year. Such levy and tax shall not be changed for any year during that covenant period except upon breach of the covenant as provided for in Code Section 48-5-7.4.
(c.3) Tangible real property located in a transitional developing area which is devoted to bona fide residential uses and which otherwise conforms to the conditions and limitations imposed in this chapter for bona fide residential transitional property shall be assessed for property tax purposes at its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to said assessment. Such property shall be recorded upon the tax digest for each assessment year at the levy established pursuant to this subsection for the first year in which a covenant established under Code Section 48-5-7.4 is in effect and shall be taxed at that same amount for each such year. Such levy and tax shall not be changed for any year during that covenant period except upon breach of the covenant as provided for in Code Section 48-5-7.4.'",
and inserting in its place the following:
'"(c.2) Tangible real property which is devoted to bona fide conservation uses as defined in this chapter and which otherwise conforms to the conditions and limitations imposed in this chapter shall be assessed for property tax purposes at 40 percent of its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's current use value. Such property shall be recorded upon the tax digest for each assessment year at the assessment established pur suant to this subsection for the first year in which a covenant established under Code Section 48-5-7.4. Such current use value shall not be changed for any year during that covenant period except upon breach of the covenant as provided for in Code Section 48-5-7.4. The provisions of this subsection shall not affect the power of any taxing juris diction to establish or change a millage rate.
(c.3) Tangible real property located in a transitional developing area which is devoted to bona fide residential uses and which otherwise conforms to the conditions
TUESDAY, FEBRUARY 12, 1991
789
and limitations imposed in this chapter for bona fide residential transitional property shall be assessed for property tax purposes at 40 percent of its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's current use value. Such property shall be recorded upon the tax digest for each assessment year at the assessment established pursuant to this subsection for the first year in which a covenant established under Code Section 48-5-7.4 is in effect. Such current use value shall not be changed for any year during that covenant period except upon breach of the covenant as provided for in Code Section 48-5-7.4. The provi sions of this subsection shall not affect the power of any taxing jurisdiction to establish or change a millage rate.'"
The following amendment was read and adopted:
Representatives Dover of the llth, et al. move to amend the Committee substitute to HB 283 by striking from lines 4 and 5 of page 15 the following:
", increased assessments directly attributable to development".
By inserting after "use." on line 8 of page 15 the following:
"To qualify as residential transitional property, the valuation must reflect a change in value attributable to such property's proximity to or location in a transitional area."
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beatty N Benefield
N Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck
N Buckner YByrd N Campbell
Y Canty Y Carrell Y Carter N Chafin
Chambless Y Cheeks Y Childers Y Clark,E
Y Clark.H
Y Clark.L
Y Coker Y Coleman
Colwell Connell Y Culbreth
Y Cummings,B N Cummings.M N Davis.G Y Davis,M Y Dixon.H
Y Don,S YDobbs Y Dover Y Dunn Y Edwards N Elliott N Felton Y Fennel Y Floyd,J.M Y FloydJ.W YFlynt YGodbee
Y Golden YGoodwin Y Green E Greene
Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland N Holmes
Howard Y Hudson Ylrwin
Y Jackson N Jamieson Y Jenkins N Jones Y Kilgore NKing Y Kingston Y Klein YLadd N Lane.D Y Lane.R Y Langford
Lawrence Y Lawson NLee YLong YLord N Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney,B N McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Moraberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit
Pinholster Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell,C Y Purcell N Randall YRay Y Reaves
Y Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson N Sinkfield Y Skipper Y Smith.L
Smith,P Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil.F
N Stancil,S Stanley
Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C N Thomas.M Y Thomas.N Y Thurmond Y Titus
Y Tolbert Townsend
Y Turnquest
Y Twiggs Y Valenti Y Vaughan
Y Walker,J Walker,L
Y Wall YWare Y Watson Y Watts N White Y Wilder Y Williams.B
Williams,J Y Williams,R
Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 139, nays 24.
790
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
During the roll call, Representative Larry Walker, Majority Leader, District 115, was in the Legislative Budget Office working on the supplemental appropriations bill. Had he been on the floor, he would have voted in the affirmative.
Due to a possible conflict of interest, Representatives Lawrence of the 49th and Pinholster of the 8th were excused from voting on HB 283.
Representative Groover of the 99th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.
WEDNESDAY, FEBRUARY 13, 1991
791
Representative Hall, Atlanta, Georgia Wednesday, February 13, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Larry Summerour, Pastor, Elizabeth Lee United Methodist Church, Chickamauga, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 677. By Representative Dover of the llth: A bill to amend Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding specific, business, and occupation taxes, so as to authorize the governing authority of any county whose geographical boundary is conterminous with that of a special district or a municipality to grant franchises to providers of telecommunica tion services.
Referred to the Committee on Ways & Means.
HB 678. By Representative Lawson of the 9th: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to ethics in government, so as to provide for limitations on expenditures made by or on behalf of candidates for public office.
Referred to the Committee on Governmental Affairs.
792
JOURNAL OF THE HOUSE,
HB 679. By Representative Thomas of the 69th:
A bill to amend Code Section 15-18-44 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Prosecuting Attorneys' Coun cil, so as to allow the compensation of administrative or clerical personnel employed by the council out of council funds when they are receiving retire ment compensation from a county or municipal retirement plan for past ser vices.
Referred to the Committee on Judiciary.
HB 680. By Representative Lawson of the 9th:
A bill to amend Code Section 15-1-9.2 of the Official Code of Georgia Anno tated, relating to a request for the assistance of a senior judge in a superior court, so as to provide that no senior judge may serve as a judge of the supe rior court without the consent of the counsel for both parties in any matter pending before the court over which the senior judge shall preside.
Referred to the Committee on Judiciary.
HB 681. By Representatives Childers of the 15th, Wilder of the 21st, Parham of the 105th, Moultrie of the 93rd, Green of the 106th and others:
A bill to amend Code Section 51-1-29.1 of the Official Code of Georgia Anno tated, relating to liability of volunteer health care providers, so as to extend the immunity from liability to other health care providers and facilities and remove certain limitations and establish others.
Referred to the Committee on Health & Ecology.
HB 682. By Representative Perry of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and the solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 683. By Representative Thomas of the 69th:
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 remove language concerning the consent of the court; to provide for the inspection of com plaints, orders, petitions, and incident reports regarding delinquency cases; to provide that the presiding judge may permit inspection of offical records; to provide for the fingerprinting of children; to provide for photograph files.
Referred to the Committee on Judiciary.
HB 684. By Representatives Redding of the 50th, Oliver of the 53rd, Teper of the 46th, Thomas of the 55th, Baker of the 51st and others:
A bill to amend an Act creating and establishing the Recorder's Court of DeKalb County, so as to change the penalties which may be imposed by such court.
Referred to the Committee on State Planning & Community Affairs - Local.
WEDNESDAY, FEBRUARY 13, 1991
793
HB 685. By Representatives Bates of the 141st and Long of the 142nd: A bill to amend an Act creating the State Court of Decatur County (formerly the Civil and Criminal Court of Decatur County), so as to change the com pensation provision relating to the judge of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 686. By Representative Langford of the 7th: A bill to amend an Act creating a new charter for the City of Fairmount, so as to repeal the provisions relating to the veto power of the mayor; to change the provisions relating to the municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 687. By Representatives Milam of the 81st, Ware of the 77th, Meadows of the 91st, Barnett of the 59th, Moultrie of the 93rd and others: A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to define the offense of murder by vehicle.
Referred to the Committee on Judiciary.
HB 688. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to amend an Act creating the Rome-Floyd County Commission on Children and Youth, so as to provide for an additional position on such com mission.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 689. By Representatives Vaughan of the 20th, Aiken of the 21st, Coker of the 21st, Clark of the 20th (Post 3), Klein of the 21st and others:
A bill to amend Chapter 2 of Title 37 of the Official Code of Georgia Anno tated, relating to administration of mental health, mental retardation, sub stance abuse, and other disability services, so as to create the Self-sufficiency Trust Fund for Mentally Disabled Persons and provide for the administra tion of and payments to and from the fund.
Referred to the Committee on Health & Ecology.
HB 690. By Representatives Green of the 106th, Groover of the 99th, Parrish of the 109th, Parham of the 105th, Ricketson of the 82nd and others:
A bill to amend Chapter 17 of Title 31 of the Official Code of Georgia Anno tated, relating to control of venereal disease, so as to provide that acquired immune deficiency syndrome shall be considered a venereal disease; to pro vide for reporting of cases of acquired immune deficiency syndrome.
Referred to the Committee on Health & Ecology.
HB 691. By Representatives Ricketson of the 82nd, Mobley of the 64th, Green of the 106th, Smith of the 152nd and Parrish of the 109th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to Georgia taxable net income of individuals for Georgia income tax purposes, so as to provide that Georgia taxable net income of an individual taxpayer shall not include amounts paid or incurred by such indi vidual for personal and dependent health insurance premiums.
Referred to the Committee on Ways & Means.
794
JOURNAL OF THE HOUSE,
HB 692. By Representatives Coker of the 21st, Oliver of the 53rd and Smith of the 156th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide that, upon the death of a parent awarded custody under a divorce decree, any child 14 years of age or older shall have the right to select any surviving grandparent, aunt, or uncle as the person with whom he or she desires to live.
Referred to the Committee on Special Judiciary.
HB 693. By Representatives Dobbs of the 74th, Pettit of the 19th, Heard of the 43rd and Lane of the lllth:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, so as to provide that no county shall require any private contractor who performs services on his property or on private property pursuant to an agreement with an indi vidual, corporation, partnership, association, or other private entity to pur chase from the county any materials used in the construction or repair of any water system, sewer system, storm or drainage system, building, or other facilities on such property.
Referred to the Committee on Industry.
HB 694. By Representatives Hightower of the 36th, McKinney of the 35th, Davis of the 29th, Holmes of the 28th, Selman of the 32nd and others:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against the person, so as to provide for punishment as for a high and aggravated misdemeanor of any person convicted of simple assault, simple battery, or battery in a public transit vehicle or station.
Referred to the Committee on Special Judiciary.
HB 695. By Representative Blitch of the 150th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to autho rize the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority to adver tise or otherwise promote their programs, functions, and purposes and to expend funds for such purposes.
Referred to the Committee on University System of Georgia.
HR 283. By Representatives Colwell of the 4th, Twiggs of the 4th, Dover of the llth, Dobbs of the 74th, Porter of the 119th and others:
A resolution redesignating a portion of the Appalachian Highway, State Route 515, beginning at the north end of Interstate 575 and continuing to the border between Georgia and North Carolina, as "The Zell Miller Moun tain Parkway".
Referred to the Committee on Transportation.
WEDNESDAY, FEBRUARY 13, 1991
795
HR 284. By Representatives Royal of the 144th, Dover of the llth, Walker of the 115th, Coleman of the 118th and Holland of the 136th:
A resolution urging departments and agencies of the State of Georgia to assist in rural development.
Referred to the Committee on State Planning & Community Affairs.
HR 285. By Representative Lane of the 27th: A resolution creating the Airports Study Committee.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the com mittees:
HB 696. By Representative Barnett of the 59th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to impose a state excise tax on the severance of solid minerals.
Referred to the Committee on Ways & Means.
HB 697. By Representatives Wilder of the 21st, Stancil of the 8th, Padgett of the 86th and Lawson of the 9th:
A bill to amend Code Section 48-13-5 of the Official Code of Georgia Anno tated, relating to the levy of certain license, occupation, or professional tax by counties or municipalities, so as to change certain provisions prohibiting the levy of such tax except at the place where a practitioner maintains his principal office.
Referred to the Committee on Ways & Means.
HB 698. By Representatives Orr of the 9th, Walker of the 115th, Groover of the 99th and Lawson of the 9th:
A bill to amend Code Section 9-11-5 of the Official Code of Georgia Anno tated, relating to service and filing of pleadings in civil actions, so as to pro vide that pleadings and other papers filed by registered or certified mail shall be deemed filed on the date of the postmark.
Referred to the Committee on Judiciary.
HB 699. By Representative Morsberger of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to lengthen the period of time for which the city may grant a franchise.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 700. By Representatives Watson of the 114th, Walker of the 113th and Walker of the 115th:
A bill to amend an Act creating a board of commissioners of Houston County, so as to repeal a certain provision which requires the chairman of the board of commissioners to publish annually a detailed statement account ing for the expenditures from the chairman's expense account; to change the provisions relating to the filling of a vacancy in the chairman post.
Referred to the Committee on State Planning & Community Affairs - Local.
796
JOURNAL OF THE HOUSE,
HB 701. By Representative Smith of the 78th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the provisions relating to the election of the mayor and mem bers of the city council.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 702. By Representative Barnett of the 59th:
A bill to amend Code Section 15-9-36 of the Official Code of Georgia Anno tated, relating to the office of chief clerk of the probate court, so as to change certain provisions regarding the qualifications of and exercise of pow ers by chief clerks or certain designated clerks and to change certain provi sions regarding the powers granted to chief clerks or certain designated clerks in each county of this state having a population of 150,000 or more according to the United State decennial census of 1980, or any future such census.
Referred to the Committee on State Planning & Community Affairs.
HB 703. By Representative Barnett of the 59th:
A bill to amend Code Section 15-9-36 of the Official Code of Georgia Anno tated, relating to the office of chief clerk of the probate court, so as to change certain provisions regarding the powers granted to chief clerks or cer tain designated clerks in each county of this state having a population of 150,000 or more according to the United States decennial census of 1980 or any future such census.
Referred to the Committee on State Planning & Community Affairs.
HB 704. By Representative Barnett of the 59th:
A bill to amend Code Section 15-9-36 of the Official Code of Georgia Anno tated, relating to the office of chief clerk of the probate court, so as to change certain provisions regarding the qualifications of and exercise of pow ers by chief clerks or certain designated clerks in each county of this state having a population of 150,000 or more according to the United States decen nial census of 1980 or any future such census.
Referred to the Committee on State Planning & Community Affairs.
HB 705. By Representative Pettit of the 19th:
A bill to amend Code Section 45-9-85 of the Official Code of Georgia Anno tated, relating to the payment of indemnity to certain public employees and matters related thereto, so as to increase the amount of such indemnification from $50,000.00 to $100,000.00.
Referred to the Committee on Appropriations.
HB 706. By Representatives Balkcom of the 140th, Meadows of the 91st, Moultrie of the 93rd and McKelvey of the 15th:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to prohibited acts within parks, historic sites, and recreational areas, so as to make parking of vehicles in certain places unlawful.
Referred to the Committee on Game, Fish & Parks.
WEDNESDAY, FEBRUARY 13, 1991
797
HB 707. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Boat Safety Act," so as to define a certain term; to repeal certain provisions relating to a penalty for late renewal of boat registrations.
Referred to the Committee on Game, Fish & Parks.
HB 708. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st:
A bill to amend Code Section 27-2-2 of the Official Code of Georgia Anno tated, relating to the issuance and sale of hunting, fishing, and trapping licenses, so as to permit the establishment of a self-insurance fund as to the defalcation of bonded license agents.
Referred to the Committee on Game, Fish & Parks.
HB 709. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Alford of the 57th:
A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Anno tated, "The Georgia Air Quality Act of 1978," so as to change provisions relating to fees charged as a condition of any permit required by the chapter.
Referred to the Committee on Natural Resources & Environment.
HB 710. By Representatives Clark of the 13th, Ware of the 77th, Patten of the 149th, Adams of the 79th, Dixon of the 151st and others:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Anno tated, relating to retirement allowances under the Georgia Legislative Retire ment System, so as to change the provisions relating to the retirement allowance.
Referred to the Committee on Retirement.
HB 711. By Representatives Baker of the 51st, Cummings of the 17th and Alford of the 57th:
A bill to amend Code Section 47-7-82 of the Official Code of Georgia Anno tated, relating to membership in the Georgia Firemen's Pension Fund by a fire department employee other than a fireman or volunteer fireman, so as to authorize continued membership for certain persons having certain admin istrative oversight responsibilities.
Referred to the Committee on Retirement.
HB 712. By Representatives Childers of the 15th, Chambless of the 133rd, Redding of the 50th, Wilder of the 21st, Orrock of the 30th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the composition of county boards of health and provide for members' qualifications, terms, vacancies, quorums, and official actions.
Referred to the Committee on Health & Ecology.
798
JOURNAL OF THE HOUSE,
HB 713. By Representatives Fennel of the 155th and Smith of the 156th:
A bill to amend Code Section 32-10-71 of the Official Code of Georgia Anno tated, relating to acquisition, maintenance, and operation of tollway projects, so as to authorize certain local governments with county tollway projects to contract with the State Tollway Authority and the Department of Transpor tation for assistance in collection of tolls fixed by the county on such tollway.
Referred to the Committee on Transportation.
HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd, Alford of the 57th, Walker of the 115th and others:
A resolution endorsing Amtrak's proposed resumption of passenger rail ser vice between Chicago and Florida with extensive service through Georgia.
Referred to the Committee on Transportation.
HR 288. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Alford of the 57th:
A resolution proposing an amendment to the Constitution so as to provide for the election of local boards of education; to provide for the appointment of local school superintendents by elected local boards of education.
Referred to the Committee on Education.
HR 289. By Representatives Alford of the 57th, Chambless of the 133rd, Campbell of the 23rd, Smyre of the 92nd, Dixon of the 128th and others:
A resolution creating the Joint Regional Hospital Study Committee.
Referred to the Committee on Health & Ecology.
HR 290. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Martin of the 26th and Oliver of the 53rd:
A resolution creating the Joint Workers' Compensation Task Force.
Referred to the Committee on Industrial Relations.
HR 291. By Representatives McKinney of the 40th, McKinney of the 35th, Canty of the 38th, Davis of the 29th, Hightower of the 36th and others:
A resolution creating the Fulton County Study Committee on the Equitable Siting of Waste Handling Facilities.
Referred to the Committee on State Planning & Community Affairs.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 661 HB 662 HB 663 HB 664 HB 665 HB 666 HB 667 HB 668
HB 669 HB 670 HB 671 HB 672 HB 673 HB 674 HB 675 HB 676
WEDNESDAY, FEBRUARY 13, 1991
799
HR 260 HR 261 SB 52 SB 95 SB 155 SB 158
SB 160 SB 161 SB 168 SB 192 SB 241
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 647 Do Pass HB 655 Do Pass
Respectfully submitted, 1*1 Lane of the 27th
Chairman
Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 225 Do Pass
Respectfully submitted, /a/ Buck of the 95th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 13, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 20th Legislative Day as enu merated below:
HB 66 DUI; Forfeiture of Vehicle HB 93 Ad Valorem Tax; Time for Making Returns HB 182 Waste Management; Permit Modifications; Limitations HB 224 Real Estate Licenses; Revisions HB 428 General Assembly; Local Bill Ads; Affidavit by Author HB 439 Elevators; Dumbwaiters, etc.; Inspection & Fees; Time Limit HB 532 Lee County; Board of Elections; Repeal Act HB 547 Child Support Provisions; Amend Code HB 548 Airports; Certain Property Condemnation; Prohibit HB 582 Proprietary School; Certain Nonpublic Medical Schools; Exempt
800
JOURNAL OF THE HOUSE,
SB 103 Bds. of Equalization; Appeals of Tax Assessments; Notice SB 153 Ret.; Appellate Court Judges; Forfeit Benefits After Certain Age
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /a/ Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:
HB 647. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to provide for the creation of one or more community improvement districts in Douglas County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 655. By Representatives Alford of the 57th, Baker of the 51st, Teper of the 46th, Thomas of the 55th, Turnquest of the 56th and others:
A bill to create the City of DeKalb Study Commission.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 100. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Anno tated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to add two members to the board of governors of the authority; to change pro visions relating to the selection and term of service of members; to provide an effective date.
SB 126. By Senator English of the 21st:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Anno tated, relating to standards, labeling, and adulteration of food, so as to change the provisions relating to eggs; to provide for definitions; to provide for classification of eggs.
WEDNESDAY, FEBRUARY 13, 1991
801
SB 150. By Senators Scott of the 36th, Kidd of the 25th, Egan of the 40th and oth ers:
A bill to provide for an instantaneous background check of prospective pur chasers of firearms; to amend Article 4 of Chapter 11 of Title 16 of the Offi cial Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, so as to regulate the sale of firearms through dealers; to define certain terms; to prohibit certain individuals from purchas ing or transporting firearms.
SB 190. By Senator Kidd of the 25th:
A bill to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, so as to change the provisions relating to the establishment of such plans; to provide for the State Person nel Board to establish a schedule of fees for hospitals, practitioners of the healing arts, and pharmacists.
SB 196. By Senators Edge of the 28th, Robinson of the 16th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to require certain persons owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide for certain contents of such plan.
SB 178. By Senators Thompson of the 33rd, Newbill of the 56th, Dean of the 31st and others:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, so as to change the provisions regarding closed circuit television testimony by certain children who are victims or witnesses of certain crimes; to provide an effective date.
SB 183. By Senators Garner of the 30th and Olmstead of the 26th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circula tion when the anticipated purchase will exceed $50,000.00; to provide that any official who willfully makes purchases in violation of this Act shall be liable for the cost thereof; to provide an effective date.
SB 202. By Senator Baldwin of the 29th:
A bill to amend Code Section 46-4-25 of the Official Code of Georgia Anno tated, relating to factors to be considered by the Public Service Commission in granting certificates of public convenience and necessity, so as to provide that the commission shall also consider whether the purchase price is reason able in light of the present value of the system to be acquired when an appli cant seeks to acquire a gas pipeline or distribution system of a municipal corporation; to provide that the purchase price is the measure of value of the system to be included in the applicant's rate base for rate-making purposes subject to the depreciation thereafter allowed upon such system.
802
JOURNAL OF THE HOUSE,
SB 220. By Senators Ragan of the 32nd, Clay of the 37th and Edge of the 28th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to the General Assembly in general, so as to provide for per sonal identification cards for former members of the General Assembly; to provide for an exception; to provide that the cards shall be issued by the Georgia Building Authority.
SB 222. By Senators Kidd of the 25th, Harris of the 27th and Hammill of the 3rd:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the composition of the State Board of Hearing Aid Dealers; to change the provisions relating to the issuance of dispensers' licenses; to change certain provisions relating to examination of applicants for a license.
HB 78. By Representatives Buck of the 95th and Cummings of the 17th:
A bill to amend Code Section 47-3-68 of the Official Code of Georgia Anno tated, relating to members of the Teachers Retirement System of Georgia who are eligible to participate in the optional retirement plan of the Board of Regents of the University System of Georgia, so as to clarify the provi sions relating to the accumulated contributions of members who elect or have elected to participate in said optional retirement plan.
HB 84. By Representatives Coleman of the 118th, Smyre of the 92nd and Parrish of the 109th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-102 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund, of additional funds which are otherwise available to the Department of Labor out of funds credited to and held in this state's account in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act, as amended.
HB 263. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of Georgia income taxation, so as to provide a credit against income taxes otherwise due to certain employers who provide certain basic skills education to certain employees.
SB 257. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the compensation of the deputy clerk of the superior court; to provide for the application of civil service benefits; to provide an effective date.
SB 258. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the deputy clerk of said court; to provide for the application of civil service benefits; to provide an effective date.
WEDNESDAY, FEBRUARY 13, 1991
803
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:
HR 156. By Representatives Watts of the 41st and Murphy of the 18th: A resolution designating the Jimmy Lee Campbell Memorial Highway.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 252. By Senator Pollard of the 24th:
A bill to amend an Act providing a new charter for the City of Harlem so as to provide the time of election, taking of office, and terms of office of the mayor and council; to provide for the authority for this Act.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 100. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 9 of Title 10 of the Official Code of Georgia Anno tated, the "Geo. L. Smith II Georgia World Congress Center Act," so as to add two members to the board of governors of the authority; to change pro visions relating to the selection and term of service of members; to provide an effective date.
Referred to the Committee on Industry.
SB 126. By Senator English of the 21st:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Anno tated, relating to standards, labeling, and adulteration of food, so as to change the provisions relating to eggs; to provide for definitions; to provide for classification of eggs.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 150. By Senators Scott of the 36th, Kidd of the 25th, Egan of the 40th and oth ers:
A bill to provide for an instantaneous background check of prospective pur chasers of firearms; to amend Article 4 of Chapter 11 of Title 16 of the Offi cial Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, so as to regulate the sale of firearms through dealers; to define certain terms; to prohibit certain individuals from purchas ing or transporting firearms.
Referred to the Committee on Judiciary.
SB 178. By Senators Thompson of the 33rd, Newbill of the 56th, Dean of the 31st and others:
A bill to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, so as to change the provisions regarding closed circuit television testimony by certain children who are victims or witnesses of certain crimes; to provide an effective date.
Referred to the Committee on Judiciary.
804
JOURNAL OF THE HOUSE,
SB 183. By Senators Garner of the 30th and Olmstead of the 26th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circula tion when the anticipated purchase will exceed $50,000.00; to provide that any official who willfully makes purchases in violation of this Act shall be liable for the cost thereof; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs.
SB 190. By Senator Kidd of the 25th:
A bill to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers and public school employees, so as to change the provisions relating to the establishment of such plans; to provide for the State Person nel Board to establish a schedule of fees for hospitals, practitioners of the healing arts, and pharmacists.
Referred to the Committee on Insurance.
SB 196. By Senators Edge of the 28th, Robinson of the 16th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to require certain persons owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide for certain contents of such plan.
Referred to the Committee on Natural Resources & Environment.
SB 202. By Senator Baldwin of the 29th:
A bill to amend Code Section 46-4-25 of the Official Code of Georgia Anno tated, relating to factors to be considered by the Public Service Commission in granting certificates of public convenience and necessity, so as to provide that the commission shall also consider whether the purchase price is reason able in light of the present value of the system to be acquired when an appli cant seeks to acquire a gas pipeline or distribution system of a municipal corporation; to provide that the purchase price is the measure of value of the system to be included in the applicant's rate base for rate-making purposes subject to the depreciation thereafter allowed upon such system.
Referred to the Committee on Industry.
SB 220. By Senators Ragan of the 32nd, Clay of the 37th and Edge of the 28th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to the General Assembly in general, so as to provide for per sonal identification cards for former members of the General Assembly; to provide for an exception; to provide that the cards shall be issued by the Georgia Building Authority.
Referred to the Committee on Rules.
WEDNESDAY, FEBRUARY 13, 1991
805
SB 222. By Senators Kidd of the 25th, Harris of the 27th and Hammill of the 3rd:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Hearing Aid Dealers and Dispensers Act," so as to change the composition of the State Board of Hearing Aid Dealers; to change the provisions relating to the issuance of dispensers' licenses; to change certain provisions relating to examination of applicants for a license.
Referred to the Committee on Health & Ecology.
SB 252. By Senator Pollard of the 24th:
A bill to amend an Act providing a new charter for the City of Harlem so as to provide the time of election, taking of office, and terms of office of the mayor and council; to provide for the authority for this Act.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 257. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the compensation of the deputy clerk of the superior court; to provide for the application of civil service benefits; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 258. By Senators Starr of the 44th and Collins of the 17th:
A bill to amend an Act creating the State Court of Clayton County, as amended, so as to change the compensation of the deputy clerk of said court; to provide for the application of civil service benefits; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
Representative Orrock of the 30th moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the House:
HB 376. By Representatives Orrock of the 30th, Smyre of the 92nd, Poston of the 2nd, Teper of the 46th, Bostick of the 138th and others:
A bill to amend Article 2 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order, so as to prohibit certain conduct based on the status of a person.
On the motion, the roll call was ordered and the vote was as follows:
Abemathy N Adams Y Aiken
Alford N Atkins Y Baker N Balkcom
N Barfoot N Bargeron N Barnett.B
N Barnett.M Y Bates
N Beatty N Benefield
Y Birdsong Y Blitch
Y Bordeaux Bostick
N Branch N Breedlove Y Brooks Y Brown N Brush YBuck Y Buckner NByrd
Campbell Y Canty
N Carrell N Carter NChafm
Y Chambless Y Cheeks N Childers
N Clark,E N Clark.H N Clark,L N Coker N Coleman N Colwell Y Connell Y Culbreth
Y Cummings,B Y Cummings.M
Y Davis.G Davis.M
Y Dixon,H Dixon.S
N Dobbs N Dover
NDunn Edwards
N Elliott Y Felton Y Fennel N FloydJM
N FloydJ.W NFlynt NGodbee
Golden Goodwin N Green E Greene N Griffin Y Groover Y Hamilton Y Hammond N Hanner N Harris,B Y Harris,J
806
JOURNAL OF THE HOUSE,
N Heard Y Henson Y Herbert Y Hightower N Holland
Holmes Howard Hudson Irwin N Jackson Jamieson N Jenkins N Jones Kilgore N King Kingston N Klein N Ladd N Lane,D N Lane,R N Langford
N Lawrence
N Lawson N Lee N Long
Lord Y Lucas Y Lupton N Mann Y Martin N McCoy N McKelvey Y McKinney.B Y McKinney.C N Meadows Y Merritt Y Milam N Mills N Mobley
Moody N Morsberger
Moultrie N Mueller
N Oliver.C
Y Oliver.M Y Orr Y Orrock N Padgett N Parham N Parrish N Patten Y Pelote Y Perry N Pettit N Pinholster N Pinkston N Poag Y Porter Y Poston N Powell,A N Powell.C N Purcell Y Randall N Ray N Reaves
Y Redding
N Ricketson N Royal N Selman N Sherrill N Simpson Y Sinkfield N Skipper N Smith.L N Smith,? N Smith.T
Smith.W Y Smyre N Snow Y Stancil.F N Stancil,S Y Stanley Y Stephens N Streat Y Taylor Y Teper N Thomas.C
Thomas.M
Y Thomas.N Thurmond
N Titus N Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti N Vaughan N Walker,J
Walker.L N Wall Y Ware N Watson N Watts
White N Wilder N Williams,B .
Williams,J N Williams.R N Yeargin
Murphy.Spkr
On the motion, the ayes were 56, nays 97. The motion was lost.
By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Industry and referred to the Committee on Natural Resources:
SB 94. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Code Section 12-8-102 of the Official Code of Georgia Anno tated, relating to the Georgia Hazardous Waste Management Authority, so as to change the composition of such authority; to provide for the appointment of an executive director of such authority; to provide for related matters; to provide an effective date.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 547. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to amend various provisions of such title relating to child support and enforcement of the duty of support by the Department of Human Resources.
The following amendment was read:
Representative Coleman of the 118th moves to amend HB 547 as follows: On page 2 line 27 change the word "shall" to "may".
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:
Abernathy Adams
Y Aiken N Alford
Y Atkins N Baker
Y Balkcom Y Barfoot
Bargeron Y Barnett.B
Y Barnett.M Bates
Y Beatty N Benefield
Y Birdsong Y Blitch
N Bordeaux N Bostick
Branch Y Breedlove
WEDNESDAY, FEBRUARY 13, 1991
N Brooks Y Brown Y Brush
NBuck N Buckner YByrd Y Campbell
Y Canty Y Carrel!
Y Carter N Chafin N Chambless Y Cheeks N Childers Y Clark.E Y Clark.H Y Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Cummings,B Cummings,M Y Davis.G N Davis.M
N Dixon,H Dixon,S
Y Dobbs Y Dover
Dunn Edwards
Y Elliott
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt N Godbee
Golden Y Goodwin
Y Green E Greene Y Griffin N Groover Y Hamilton N Hammond
Y Manner Y Harris,B Y Harris,J N Heard Y Henson N Herbert N Hightower N Holland
N Holmes Howard
Y Hudson Ylrwin
Y Jackson Jamieson
Y Jenkins N Jones
Kilgore
NKing Kingston
Y Klein YLadd NLane.D Y Lane,R Y Langford Y Lawrence N Lawson NLee
YLong YLord
Lucas Lupton YMann N Martin
N McCoy N McKelvey N McKinney.B N McKinney.C Y Meadows Y Merritt
Milam N Mills
N Mobley Y Moody Y Morsberger Y Moultrie N Mueller N Oliver.C N Oliver.M
NOrr
N Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry N Pettit N Pinholster N Pinkston
YPoag N Porter N Poston Y Powell,A Y Powell.C Y Purcell N Randall
YRay Y Reaves Y Redding
Y Ricketson Y Royal N Selman Y Sherrill N Simpson N Sinkfleld N Skipper Y Smith.L N Smith.P Y Smith.T Y Smith,W N Smyre
On the adoption of the amendment, the ayes were 89, nays 66. The amendment was adopted.
807
YSnow N Stancil.F N Stancil.S
Stanley N Stephens Y Streat N Taylor N Teper N Thomas.C
Thomas.M N Thomas.N
Thurmond N Titus N Tolbert N Townsend N Turnquest Y Twiggs N Valenti Y Vaughan Y Walker,J Y Walker.L N Wall N Ware N Watson Y Watts
White Y Wilder N Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
Representative Chambless of the 133rd moved that the House reconsider its action in adopting the Coleman amendment.
Representative Coleman of the 118th moved that further consideration of HB 547 be postponed until tomorrow, February 14, 1991.
The motion prevailed.
HB 428. By Representatives Walker of the 115th, Murphy of the 18th, Groover of the 99th, Lee of the 72nd and Connell of the 87th:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
HB 548. By Representative Lane of the 27th:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition, construction, and maintenance of airports and landing fields by counties and municipalities, so as to pro hibit the acquisition of property by condemnation outside the territorial boundaries of the county or municipality for a certain period of time.
808
JOURNAL OF THE HOUSE,
The following substitute, offered by Representative Lane of the 27th, was read:
A BILL
To amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition, construction, and maintenance of airports and landing fields by counties and municipalities, so as to prohibit the acquisition of property by condemnation outside the territorial boundaries of the county or municipality for a certain period of time; to provide for repeal on a certain date; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Anno tated, relating to the acquisition, construction, and maintenance of airports and landing fields by counties and municipalities, is amended by adding immediately following Code Section 6-3-22 a new Code Section 6-3-22.1 to read as follows:
"6-3-22.1. Any other provisions of this chapter or any local law to the contrary not withstanding, no county or municipality shall be authorized to acquire property for the purposes provided for in this chapter outside its respective territorial boundaries without the express authority of each local government in whose boundaries all or any portion of such property lies."
Section 2. Code Section 6-3-22.1 prohibiting counties and municipalities from con demning property outside their boundaries for airport purposes enacted by Section 1 of this Act shall be repealed in its entirety on March 1, 1992.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Groover of the 99th moves to amend the Floor substitute to HB 548 as follows:
Add after "municipality" on line 19 page 1 the following:
"or authority thereof.
The following amendment was read:
Representative McKinney of the 35th moves to amend the Floor substitute to HB 548 as follows:
By adding the following language to page 1, line 23 the following:
"The provisions of this Section shall not apply to acquisition of property by condem nation for expansion of the existing Hartsfield International Airport into areas contigu ous to that Airport.
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:
Y Abernathy N Adams N Aiken N Alford
N Atkins Y Baker N Balkcom N Barfoot
N Bargeron N Barnett.B N Barnett.M N Bates
N Beatty N Benefield N Birdsong Y Blitch
N Bordeaui N Bostick N Branch N Breedlove
WEDNESDAY, FEBRUARY 13, 1991
Y Brooks Brown
Y Brush NBuck N Buckner NByrd Y Campbell Y Canty N Carrell N Carter NChafm N Chambless Y Cheeks N Childere N Clark.E N Clark.H N Clark,L N Coker
N Coleman N Colwell N Connell N Culbreth N Cummings3 N Cummings.M
Davis,G N Davis.M
Y DUon,H N Di*on,S N Dobbs N Dover NDunn N Edwards
N Elliott Y Felton
Fennel N Floyd,J.M N Floyd^I.W NFlynt N Godbee N Golden YGoodwin Y Green EGreene N Griffin N Groover
Hamilton N Hammond N Hanner N Harris,B N Harris.J Y Heard Y Henson N Herbert Y Hightower N Holland Y Holmes
Howard Y Hudson NIrwin N Jackson N Jamieson
N Jenkins N Jones N Kilgore
NKing Y Kingston N Klein YLadd NLane.D
N Lane,R N Langford
Y Lawrence N Lawson NLee
NLong NLord Y Lucas Y Lupton NMann Y Martin N McCoy N McKelvey Y McKinney,B Y McKinney.C N Meadows N Merritt NMilam N Mills N Mobley
Moody Y Morsberger N Moultrie Y Mueller N Oliver.C N 01iver,M NOrr
Y Orrock Y Padgett N Parham N Parrish Y Patten Y Pelote N Perry N Pettit N Pinholster N Pinkston
YPoag N Porter
N Poston N Powell,A Y Powell.C N Purcell YRandall
Ray N Reaves
Redding N Ricketson N Royal Y Selman
N Sherrill N Simpson Y Sinkfield
N Skipper N Smith,L N Smith,? N Smith,T Y Smith.W NSmyre
NSnow N Stancil,F N Stancil,S Y Stanley
N Stephens S treat
Y Taylor NTeper N Thomas.C
Thomas,M Thomas.N Thurmond N Titus Y Tolbert Y Townsend Turnquest NTwiggs Y Valenti N Vaughan N Walker,J N Walker,L N Wall N Ware N Watson N Watts White Y Wilder Y Williams.B Williams.J Y Williams,R N Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 45, nays 118. The amendment was lost.
The following amendment was read:
Representative Randall of the 101st moves to amend the Floor substitute to HB 548 as follows:
By adding after the period on line 23 page 1 the following language:
Provided that nothing in this Act shall apply to any land acquisitions presently under way for expansion of any airport currently in existence.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams N Aiken N Alford N Atkins Y Baker N Balkcom N Barfoot N Bargeron N Barnett.B N Barnett,M N Bates N Beatty
N Benefield N Birdsong N Blitch N Bordeaux N Bostick N Branch N Breedlove Y Brooks
Brown N Brush NBuck N Buckner
NByrd Y Campbell Y Canty N Carrell N Carter
N Chafin N Chambless Y Cheeks
N Childers N Clark,E N Clark,H N Clark,L
N Coker N Coleman N Colwell N Connell
N Culbreth
N Cummings,B Y Cummings.M
Davis.G
N Davis.M Y Duon,H N Dixon,S N Dobbs N Dover
N Dunn N Edwards N Elliott Y Felton N Fennel
N FloydJ.M N FloydJ.W NFlynt
NGodbee N Golden YGoodwin N Green E Greene
N Griffin N Groover
Hamilton
N Hammond N Hanner N Harris,B
N Harris.J N Heard Y Henson N Herbert Y Hightower N Holland Y Holmes
Howard N Hudson NIrwin N Jackson N Jamieson N Jenkins N Jones N Kilgore
NKing N Kingston N Klein
YLadd N Lane,D N Lane,R N Langford N Lawrence N Lawson NLee NLong NLord Y Lucas Y Lupton NMann Y Martin
N McCoy N McKelvey
Y McKinney.B Y McKinney.C N Meadows
810
JOURNAL OF THE HOUSE,
N Merritt N Milam N Mills
N Mobley Moody
N Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M NOrr YOrrock Y Padgett N Parham N Parrish
Y Patten Y Pelote N Perry N Pettit N Pinholster N Pinkston
YPoag N Porter N Poston N Powell,A N Powell.C N Purcell YRandall
NRay N Reaves
Redding N Ricketson N Royal Y Selman N SherriU N Simpson Y Sinkfield N Skipper N Smith.L N Smith,P N Smith,T N Smith.W
YSmyre N Snow N Stancil.F
N Stancil,S Y Stanley N Stephens
Streat Y Taylor
NTeper N Thomas.C Y Thomas.M Y Thomas.N
Thurmond N Titus N Tolbert Y Townsend
Turnquest N Twiggs
On the adoption of the amendment, the ayes were 37, nays 130. The amendment was lost.
Y Valenti N Vaughan N Walker,J N Walker,L Y Wall N Ware N Watson N Watts
White Y Wilder N Williams.B
WilliamsJ N Williams,R N Yeargin
Murphy.Spkr
An amendment, offered by Representative Ladd of the 44th, was withdrawn. An amendment, offered by Representative Smith of the 78th, was withdrawn.
The following amendment was read:
Representative Canty of the 38th moves to amend the Floor substitute to HB 548 as follows:
By adding on page 1, line 23 the following:
"The provisions of this section shall not apply to acquisition of property by condem nation for the expansion of the existing Fulton County Airports into contiguous lands of those airports."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams N Aiken N Alford N Atkins Y Baker N Balkcom Y Barfoot N Bargeron N Barnett,B N Barnett,M N Bates
N Beatty N Benefield
N Birdsong N Blitch N Bordeaux N Bostick N Branch N Breedlove
Y Brooks N Brown N Brush NBuck N Buckner
NByrd Y Campbell
Y Canty N Carrell
N Carter N Chafm
N Chambless Y Cheeks N Childers
N Clark,E N Clark.H N Clark,L N Coker
N Coleman N Colwell N Connell
N Culbreth N Cummings.B Y Cummmgs,M
Davis.G N Davis.M Y Dixon.H N Dixon,S N Dobbs N Dover NDunn N Edwards N Elliott Y Felton N Fennel
Floyd,J.M N Floyd,J.W NFlynt NGodbee N Golden YGoodwin
Y Green
E Greene N Griffin N Groover
Hamilton N Hammond N Manner N Harris.B N HarrisJ Y Heard N Henson N Herbert Y Hightower
N Holland Y Holmes
Howard N Hudson NIrwin
N Jackson N Jamieson N Jenkins N Jones
Kilgore NKing
N Kingston N Klein YLadd NLane.D NLane,R N Langford Y Lawrence N Lawson
NLee NLong NLord Y Lucas
Y Lupton NMann Y Martin
NMcCoy N McKelvey Y McKinney,B Y McKinney.C N Meadows
N Merritt N Milam N Mills N Mobley
Moody Y Morsberger N Moultrie Y Mueller N Oliver.C
N Oliver.M NOrr Y Orrock Y Padgett N Parham N Parrish Y Patten Y Pelote N Perry
N Pettit
N Pinholster N Pinkston
YPoag N Porter
N Poston N Powell,A N Powell.C N Purcell Y Randall
NRay N Reaves
Y Redding N Ricketson N Royal
Y Selman N Sherrill Y Simpson Y Sinkfield N Skipper N Smith.L N Smith,P
Smith.T
N Smith.W Smyre
N Snow N Stancil.F
Stancil,S Y Stanley N Stephens
Streat Y Taylor
WEDNESDAY, FEBRUARY 13, 1991
N Teper N Thomas,C Y Thomas.M Y Thomas,N
Thurmond
Titus Y Tolbert Y Townsend
Turnquest N Twiggs
Y Valenti N Vaughan N Walker,J N Walker.L NWall
N Ware N Watson N Watts
White N Wilder
On the adoption of the amendment, the ayes were 42, nays 121. The amendment was lost.
811
Y Williams.B Williams,J
N Williams,R N Yeargin
Murphy,Spkr
The following amendment was read and adopted:
Representative Jackson of the 9th moves to amend the Floor substitute to HB 548 as follows:
By deleting on page 2 line 1 the word "March" and substitute the word "July".
The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
N Abernathy Y Adams Y Aiken
Y Alford Y Atkins N Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell N Canty Y Carrell Y Carter Y Chafm
Y Chambless N Cheeks Y Childers
Y Clark.E Y Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B N Cummings,M
Davis.G Y Davis.M Y Dixon,H Y Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards N Elliott Y Felton Y Fennel
Y Floyd,J.M Y FIoyd,J.W YFlynt YGodbee
Y Golden N Goodwin Y Green
E Greene Y Griffin Y Groover
Hamilton Y Hammond Y Hanner Y Harris,B
Y Harris,J Y Heard N Henson
Y Herbert N Hightower
Y Holland N Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein NLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas N Lupton YMann N Martin Y McCoy Y McKelvey N McKinney,B N McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Moody
N Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr
N Orrock N Padgett YParham Y Parrish N Patten N Pelote Y Perry N Pettit Y Pinholster Y Pinkston NPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell N Randall YRay Y Reaves
N Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson N Sinkfield Y Skipper Y Smith.L
Y Smith,P Y Smith.T Y Smith,W N Smyre YSnow Y Stancil.F Y Stancil.S N Stanley Y Stephens Y Streat N Taylor Y Teper
Y Thomas.C N Thomas.M N Thomas.N N Thurmond Y Titus Y Tolbert N Townsend N Turnquest
Y Twiggs N Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White N Wilder Y Williams.B
Williams,J Williams.R Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 135, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
812
JOURNAL OF THE HOUSE,
Representative Redding of the 50th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 98 Do Pass SB 177 Do Pass HB 379 Do Pass HB 380 Do Pass HB 578 Do Pass
SR 90 Do Pass SR 94 Do Pass SR 96 Do Pass, as Amended HR 155 Do Pass HR 157 Do Pass
Respectfully submitted, /s/ Colwell of the 4th
Chairman
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 292. By Representative Ricketson of the 82nd:
A resolution commending the Lincoln County High School Red Devils football team and inviting the team to appear before the House of Represen tatives.
HR 293. By Representatives Buckner of the 72nd, Chafin of the 72nd, King of the 72nd, Benefield of the 72nd and Lee of the 72nd:
A resolution honoring Pfc. Charles Scott Walker and inviting his family to appear.
The Speaker announced the House in recess until 1:45 o'clock this afternoon.
WEDNESDAY, FEBRUARY 13, 1991
813
AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 287. By Representatives Cummings of the 17th and Murphy of the 18th:
A resolution commending the men and women of Polk County who are enduring hardship and danger to serve the nation.
HR 294. By Representatives Buckner of the 72nd, Benefield of the 72nd, Chafin of the 72nd, King of the 72nd and Lee of the 72nd: A resolution commending and recognizing the Clayton County Motor Vehicle Tag Department.
HR 295. By Representatives Connell of the 87th and Murphy of the 18th: A resolution congratulating Mr. and Mrs. Foster Lynn.
HR 296. By Representative Brooks of the 34th: A resolution commending the Silver Bluff Baptist Church.
HR 297. By Representatives Baker of the 51st, Murphy of the 18th, Thomas of the 69th, Groover of the 99th, Walker of the 115th and others
A resolution urging the State Board of Education to assist local school boards in increasing student awareness of the importance of exercising the right to vote.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House and Senate were taken up for consideration and read the third time:
HB 532. By Representatives Holland of the 136th and Hanner of the 131st:
A bill to repeal an Act to provide for a board of elections in each county of this state having a population of not less than 11,675 nor more than 11,725 according to the United States decennial census of 1980 or any future such census.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy
Adams Aiken Alford Y Atkins Y Baker Balkcom
YBarfoot
Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong YBlitch
Y Bordeaux YBostick Y Branch Y Breedlove
Brooks Brown Y Brush YBuck
Y Buckner YByrd
Campbell Y Canty Y Carrell
Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.H
Clark,L Y Coker
Coleman Y Colwell
814
JOURNAL OF THE HOUSE,
Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis.G Davis.M DiK>n,H Dixon.S Dobbs Dover Dunn Edwards Y Elliott Felton Y Fennel Floyd,J.M Y Floyd,J.W Flynt YGodbee Golden Goodwin Y Green E Greene Y Griffin Y Groover Hamilton Hammond Y Manner
Y Harris,B
Y Hams,J Heard
Y Henson Herbert Hightower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson
Jamieson Jenkins Y Jones Kilgore
YKing Kingston
Y Klein YLadd Y Lane,D
Lane.R Y Langford
Lawrence
Y Lawson YLee
Long YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Meadows Y Merritt YMilam Y Mills Mobley Moody Y Morsberger Moultrie Y Mueller Oliver.C Oliver.M YOrr Orrock
Fadgett Parham Parrish Patten Y Pelote Perry Y Pettit
Y Pinholster Pinkston
YPoag Porter
Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
Ray Y Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L
Y Smith.P Smith.T
Y Smith,W Smyre Snow
Y Stancil.F Y Stancil.S
Stanley
Y Stephens Streat
Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas,N
Thurmond Y Titus
Tolbert Y Townsend
Turnquest Twiggs Y Valenti Y Vaughan WalkerJ Walker,L Y Wall Ware Watson
Watts White Y Wilder Y Williams,B Williams,J Williams.R Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 102, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 93. By Representative Smith of the 78th:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia Anno tated, relating to time for making tax returns, so as to provide for dates for opening and closing books for the return of taxes.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to time for making tax returns, so as to provide for dates for opening and closing books for the return of taxes; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to time for making tax returns, is amended by adding at the end a new subsection to read as follows:
"(k) Unless a different date is provided therefor under subsections (b) through (j) of this Code section, in each county or municipality providing for the collection and pay ment of ad valorem taxes in installments pursuant to Code Section 48-5-23 or any other law, the person authorized to receive tax returns shall open his books for the return of taxes on January 1 and close them no sooner than March 1 and no later than April 1 of each year. Unless the governing authority of a county or municipality subject to this subsection establishes by the last day of February of any year a date for closing books
WEDNESDAY, FEBRUARY 13, 1991
815
in that year for the return of taxes in that county or municipality, which date is autho rized by this subsection, the date for closing such books in that year shall be the date such books were required to be closed in the immediately preceding year."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and is applicable to all taxable years begin ning on or after January 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 93, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
By unanimous consent, HB 93, by substitute, was ordered immediately transmitted to the Senate.
SB 153. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 47-2-244 of the Official Code of Georgia Anno tated, relating to retirement benefits available to appellate court judges; age, service, and contribution requirements; disability benefits; and survivors' benefits, so as to provide an exception to the provision that an appellate court judge who serves beyond a certain age shall forfeit certain benefits and contributions; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Representative Stephens of the 68th would like to be recorded as voting "aye" on the preceding Bill.
By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on Edu cation:
SB 180. By Senators Ragan of the 10th, Foster of the 50th, Hasty of the 51st and others:
A bill to amend Code Section 45-20-51 of the Official Code of Georgia Anno tated, relating to definitions applicable to allowing voluntary deductions from wages or salaries of state employees for the benefit of certain charitable orga nizations, so as to change the definition of an eligible voluntary charitable organization to include the Georgia Fund for Technical and Adult Education, Inc.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:
816
JOURNAL OF THE HOUSE,
HB 66. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Adams of the 79th and Morsberger of the 62nd:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the forfeiture of a motor vehicle operated by a person who is arrested for driving under the influence if the person has two previous convictions of driving under the influence within a five-year period.
The following Committee substitute was read:
A BILL
To amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to serious traffic offenses, so as to provide for the forfeiture of a motor vehicle operated by a person who has been declared a habitual violator and whose license has been revoked and who is arrested for driving under the influence; to provide for sei zure of contraband vehicles; to provide for procedures; to provide for notice; to provide for defenses; to provide for sale of forfeited vehicles; to provide for exceptions; to provide for distribution of proceeds of such sale; to provide an effective date; to provide for appli cability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to serious traffic offenses, is amended by adding a new Code section imme diately following Code Section 40-6-391.1 to be designated Code Section 40-6-391.2 to read as follows:
"40-6-391.2. (a) Except as provided in this Code section, any motor vehicle oper ated by a person who has been declared a habitual violator for three violations of Code Section 40-6-391 and whose license has been revoked and who is arrested and charged with a violation of Code Section 40-6-391, is declared to be contraband and subject to forfeiture to the state, as provided in this Code section.
(b) Any motor vehicle subject to forfeiture under subsection (a) of this Code section shall be seized immediately upon discovery by any law enforcement officer, peace officer, or law enforcement agency of this state or any political subdivision thereof who has the power to make arrests and whose duty it is to enforce this article, that said motor vehi cle has been declared contraband. Said motor vehicle shall be delivered within 20 days to the district attorney whose circuit includes the county in which a seizure is made or to his duly authorized agent. At any time subsequent to the seizure, the chief officer of the seizing agency, his designee, or the district attorney may release the vehicle upon bond being posted in like manner as authorized in subsection (e) of this Code section.
(c) Within 60 days from the date of the seizure, the district attorney of the judicial circuit, or the director on his behalf, shall cause to be filed in the superior court of the county in which the motor vehicle is seized or detained an action for condemnation of such motor vehicle. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the motor vehicle was seized, and the action shall be verified by a duly authorized agent of the state in a manner required by the law of this state. The action shall describe the motor vehicle and state its location, present custodian, and the name of the owner, if known, to the duly authorized agent of the state; allege the essential elements of the violation which is claimed to exist; and conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the motor vehicle described in the action, commanding him to seize the motor vehicle in the action and to hold that motor vehicle for further order of the court. The owner, lessee, or any person having a duly recorded security interest in or lien on such motor vehicle shall be notified by any means of service provided for in Title 9 or by delivery of a copy of the complaint and summons by certified mail to said owner or
WEDNESDAY, FEBRUARY 13, 1991
817
lienholder or a person of suitable age or discretion having charge of said owner's premises. For purposes of this subsection, where forfeiture of a motor vehicle titled or registered in Georgia is sought, notice to the titleholder shall be deemed adequate if a copy of the complaint and summons is mailed by certified mail to the titleholder at the address set out in the title and an additional copy is mailed by certified mail to the firm, person, or corporation which holds the current registration for said motor vehicle, who shall be deemed agent for service for said titleholder, and said complaint is adver tised once a week for two weeks as set out in this subsection. If the owner, lessee, or person having a duly recorded security interest in or lien on the contraband motor vehi cle is unknown or resides out of the state or departs the state or cannot after due dili gence be found within the state or conceals himself so as to avoid notice, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any
sale of the motor vehicle resulting therefrom, but shall not constitute notice to any per son having a duly recorded security interest in or lien upon such motor vehicle and required to be served under this Code section unless that person is unknown or resides
out of the state or departs the state or cannot after due diligence be found within the
state or conceals himself to avoid notice. (d) (1) Any party at interest may appear, by answer under oath, and file an inter vention or defense within 30 days from the filing of the action for condemnation. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by
showing that the motor vehicle seized was not subject to forfeiture under this Code
section. (2) A rented or leased vehicle shall not be subject to forfeiture unless it is estab
lished in the forfeiture proceedings that the owner of the rented or leased vehicle
knew or should have known of or consented to the operation of such motor vehicle in a manner which would subject the vehicle to forfeiture. Upon learning of the
address or phone number of the rental or leasing company which owns such vehicle, the district attorney shall immediately contact the company to inform it that the vehi
cle is available for the company to take possession. (e) The court to which any such petition for condemnation may be referred may, in its discretion, allow any party at interest, after making said defense under subsection (d)
of this Code section, to give bond and take possession of the motor vehicle seized. Such motor vehicle shall not be sold or leased without prior approval of the court. In the
event the court approves such sale or lease, the proceeds arising therefrom shall be deposited in the registry of the court, pending final adjudication of the forfeiture pro
ceeding. The court shall determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond and shall also determine the amount of the bond. The enforcement of any bond so given shall be regulated by the general law applicable
to such cases. (f) If no defense or intervention is filed within 30 days from the filing of the petition,
judgment shall be entered by the court and the motor vehicle shall be sold. The court
may direct that such property be sold by: (1) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, how
ever, that the court may establish a minimum acceptable price for such property; or
(2) Any commercially feasible means. (g) The proceeds arising from such sale shall be deposited into the general treasury of the state or any other governmental unit whose law enforcement agency it was that
originally seized the motor vehicle. It is the intent of the General Assembly that, where possible, proceeds deposited into the state treasury should be used and that proceeds
vested in any local governmental unit shall be applied to fund alcohol or drug treatment, rehabilitation, and prevention and education programs, after making the necessary
expenditures for:
(1) Any costs incurred in the seizure; (2) The costs of the court and its officers; and (3) Any cost incurred in the storage, advertisement, maintenance, or care of the
motor vehicle.
818
JOURNAL OF THE HOUSE,
(h) The interest of an owner, lessee, security interest holder, or lienholder shall not be subject to forfeiture unless the condemnor shows by a preponderence of evidence that such person knew or reasonably should have known that the operator was a habitual vio lator as set forth in subsection (a) of this Code section and knew or reasonably should have known that such person would operate or was operating the vehicle while in viola tion of Code Section 40-6-391.
(i) In any case where a vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once."
Section 2. This Act shall become effective July 1, 1991, and shall apply to motor vehicles used in offenses committed on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Thomas of the 69th moves to amend the Committee substitute to HB 66 as follows:
By adding at the end of paragraph (a) of Section 40-6-391.2 of Section 1 the following:
"Provided that said forfeiture shall not be absolute unless the defendant is finally convicted of such offense."
The following amendments were read and lost:
Representative Bordeaux of the 122nd moves to amend the Committee substitute to HB 66 as follows:
On page 1, line 20 add the words "owned and" after "vehicle" and before "operated."
Representative Holmes of the 28th moves to amend the Committee substitute to HB 66 as a follows:
Delete the word "three" on line 21 on page 1 and substitute the word "two".
The following amendment was read and adopted:
Representative Bostick of the 138th moves to amend the Committee substitute to HB 66 as follows:
By striking "filing" on line 6, page 4 and inserting "date of service on the condemnee" and by striking "filing" on line 6, page 5 and inserting "date of service on the condemnee".
The Committee substitute, as amended, was adopted:
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
WEDNESDAY, FEBRUARY 13, 1991
819
Y Abernathy Y Adams Y Aiken
Alford Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks N Brown Y Brush YBuck Y Buckner YByrd Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childera Y Clark,E Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis,M Y Dixon.H
Y Dixon.S YDobbs
Dover Y Dunn
Y Edwards Elliott
Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden YGoodwin Y Green E Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas
Lupton YMann Y Martin
Y McCoy Y McKelvey N McKinney,B N McKinney.C Y Meadows Y Merritt YMilam
Y Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper Y Smith,L
Y Smith,? Y Smith.T Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil.S N Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C
Y Thomas,M Y Thomas.N
Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs
Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 159, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Representatives Dover of the llth, Oliver of the 121st and Valenti of the 52nd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 262 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1990-1991.
820
JOURNAL OF THE HOUSE,
The following Senate substitute was read:
A BILL
To amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", approved April 17, 1990 (Ga. L. 1990, p. 2338), so as to change certain appropriations for the State Fiscal Year 1990-1991; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1990-1991, as amended, known as the "General Appropriations Act" approved April 17, 1990 (Ga. L. 1990, p. 2338), is further amended by striking everything following the enacting clause through Section 79, and by substituting in lieu thereof the following: "That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1990, and ending June 30, 1991, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropri ated surplus, reserves and a revenue estimate of $7,461,512,616 (including $35,512,616 in the Indigent Trust Fund) for State Fiscal Year 1991.
PARTI.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Legislative Branch.........................................................$
Personal Services - Staff ................................................................$ Personal Services - Elected
Officials.........................................................................................$ Regular Operating Expenses .........................................................$ Travel-Staff ...................................................................................$ Travel - Elected Officials...............................................................! Capital Outlay .................................................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts -
Staff...............................................................................................! Per Diem, Fees and Contracts -
Elected Officials...........................................................................! Photography .....................................................................................$ Expense Reimbursement Account................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
22,348,760 11,364,938
3,582,551 2,319,587
94,500 3,500
0 157,739 375,500 28,100 670,000
203,179
2,358,166 63,000
1,128,000 22,348,760 22,348,760
Senate Functional Budgets
Total Funds
State Funds
Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total
$
4,184,699
$
605,309
$
1.081.189
$
5,871,197
$
4,184,699
$
605,309
$
1,081,189
$
5,871,197
House Functional Budgets
Total Funds
State Funds
WEDNESDAY, FEBRUARY 13, 1991
821
House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office Total
$
8,503,268
$
443,359
$
1.084,657
$
10,031,284
$
8,503,268
$
443,359
$
1.084.657
$
10,031,284
Joint Functional Budgets
Total Funds
State Funds
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office
Ancillary Activities Total
$
2,235,917
$
2,043,344
$
847,902
$
1.319.116
$
6,446,279
$
2,235,917
$
2,043,344
$
847,902
$
1.319,116
$
6,446,279
For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, 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, con sider 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 Sen ate and the House of Representatives; for Code Revision; for equipment, supplies, furnish ings, 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.
Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Commit tee 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 appropria tions.
Section 2. Department of Audits.
Budget Unit: Department of Audits...................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$
15,383,946
13,070,348 372,246 747,777 0
822
JOURNAL OF THE HOUSE,
Equipment........................................................................................$ Per Diem, Fees and Contracts ......................................................$ Real Estate Rentals ........................................................................$ Computer Charges...........................................................................! Telecommunications .......................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................!
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$
Operation of the Courts...........................................,.....................! Prosecuting Attorneys' Council.....................................................! Sentence Review Panel ..................................................................$ Council of Superior
Court Judges................................................................................! Judicial Administrative
Districts.........................................................................................! Habeas Corpus Clerk......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................!
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education ..................................................$
Institute's Operations.....................................................................! Georgia Magistrate Courts
Training Council..........................................................................! Municipal Court Judges
Training Council..........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................!
Council Operations..........................................................................! Payments to Judicial
Administrative Districts for Case Counting..............................................................................!
9,500 32,500 792,014 267,986 91,575 15,383,946 15,383,946
4,554,614 3,998,929 1,485,589 5,584,518 4,554,614
5,725,146 4,907,692
817,454 5,725,146 5,725,146
41,691,999 38,230,731 1,404,885
156,522
127,398
1,772,463 0
41,691,999 41,691,999
835,357
585,170 444,890
133,030
7,250 585,170 585,170
1,974,057 902,338
76,500
WEDNESDAY, FEBRUARY 13, 1991
Board of Court Reporting..............................................................! Payment to Council of Magistrate
Court Judges ................................................................................$ Payment to Council of Probate
Court Judges ................................................................................$ Payment to Council of State
Court Judges................................................................................! Payment to Resource Center.........................................................$ Payment to Computerized
Information Network..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................!
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council......................................................................!
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services .....................................$ Administration and Services Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Rents and Maintenance Expense .................................................$ Utilities.............................................................................................! Payments to DOAS Fiscal
Administration.............................................................................! Capital Outlay .................................................................................$ Direct Payments to Georgia
Building Authority for Operations....................................................................................! Telephone Billings..........................................................................! Materials for Resale........................................................................! Public Safety Officers Indemnity Fund...........................................................................! Health Planning Review Board Operations....................................................................................! Georgia Golf Hall of Fame Operations....................................................................................! Authorities Liability Reserve Fund...............................................................................! Grants to Counties..........................................................................! Grants to Municipalities................................................................! Total Funds Budgeted....................................................................!
823
36,097
26,000
20,000
12,000 240,000
661,122 1,974,057 1,974,057
124,767
997,825
38,727.739
49,616,475 10,994,340
323,550 434,500 2,098,708 8,541,664 3,704,822 1,297,980 459,800 12,918,050 37,900
2,000,000 362,000
2,267,412 38,345,900 14,600,000
304,400
37,600
23,500
0 1,300,000 2,100,000 151,768,601
824
JOURNAL OF THE HOUSE,
State Funds Budgeted....................................................................?
38,727,739
Department of Administrative Services Functional Budgets
Total Funds
State Funds
State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total
424,012 4,792,281
12,898,839
14,455,832 3,024,841
912,683
562,815 49,357,384 4,099,033 49,496,178 6,938,867
1,716,067 1,012,865 2,076,904 151,768,601
424,012 4,761,080
10,898,839
0 3,024,841
0
562,815 13,206,152
0 5,850,000
0 0 0 0 38,727,739
B. Budget Unit: Georgia Building Authority .............
Georgia Building Authority Budget: Personal Services............................ Regular Operating Expenses........
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Utilities.............................................................................................? Contractual Expense .....................................................................$ Fuel....................................................................................................? Facilities Renovations
and Repairs..................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
0
20,842,102 5,091,403
26,794
244,000
167,706 52,434 17,357 120,456 146,000 3,235,000 7,966,638 230,422
0
0 38,140,312
0
Georgia Building Authority Functional Budgets
Total Funds
State Funds
Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations
2,018,096 5,249,281 4,935,623 5,402,724
363,301 5,408,063 13,640,758 1,122,466
0
WEDNESDAY, FEBRUARY 13, 1991
Total
38,140,312
Section 12. Agency for the Removal of Hazardous Materials.
Budget Unit: Agency for the Removal of Hazardous Materials ..............................................$
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel .............................................................................,..................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Utilities.............................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 13. Department of Agriculture. A. Budget Unit: Department of
Agriculture...........................................................!
State Operations Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Market Bulletin Postage ................................................................$ Payments to Athens and Tifton Veterinary Laboratories.............................................................! Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro.....................................................................................! Veterinary Fees................................................................................! Indemnities.......................................................................................! Bee Indemnities...............................................................................! Advertising Contract.......................................................................! Payments to Georgia Agrirama Development Authority for Operations....................................................................................! Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.........................................................! Capital Outlay.................................................................................! Contract - Federation of Southern Cooperatives................................................................! Tick Control Program ....................................................................$ Poultry Indemnities........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
825
0
114,954
3,483,138 2,829,996
460,800 155,245 199,200
1,000 0
20,000 500,000
0 0 7,649,379 114,954
34,753,046
30,632,048 3,530,183
930,524 521,608 90,500 370,676 731,153 395,000 238,461 700,000
2,347,886
2,004,106 412,000 84,000 40,000 193,000
560,790
350,000 0
56,400 40,000
0 44,228,335 34,753,046
826
JOURNAL OF THE HOUSE,
Department of Agriculture Functional Budgets
Total Funds
State Funds
Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total
5,133,261 6,818,568 1,958,105 3,740,117 4,458,618 1,476,915 3,039,674
6,392,002 4,302,613 4,335,275
417,045 2,156,142 44,228,335
4,784,261 6,509,568 1,913,301 3,740,117 4,390,821 1,476,915 3,024,087
4,690,642 1,626,822
715,325 0
1.881,187 34,753,046
B. Budget Unit: Georgia Agrirama Development Authority......................................$
Georgia Agrirama Development Authority Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$ Goods for Resale.............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
670,499 164,436
5,450 0
5,494 0 0
7,933 36,167 203,300 95,000 1,188,279
0
Section 14. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance.............................................................! Administration and Examination Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
5,708,099 264,344 309,368 175,581 20,100 116,628 232,000 53,000 2,000
6,881,120 6,881,120
Section 15. Department of Community Affairs. Budget Unit: Department of
Community Affairs.................................................!
State Operations Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................!
15.038,246
5,749,527 281,022
WEDNESDAY, FEBRUARY 13, 1991
827
Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Felony Expenses................................................................! Contracts with Regional
Development Commissions ........................................................$ Local Assistance Grants .................................................................$ Appalachian Regional Commission
Assessment...................................................................................! Community Development Block
Grants (Federal)..........................................................................! Music Hall of Fame ........................................................................$ Local Development Fund...............................................................! Payment to Georgia Residential
Finance Authority.......................................................................! Payment to Georgia Environmental
Facilities Authority for...............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
170,207 0
20,560 123,509 482,916 55,783 142,000
0
2,467,500 1,371,520
110,959
30,000,000 47,000
1,050,000
5,000,000
446,894 47,519,397 15,038,246
Department of Community Affairs Functional Budgets
Total Funds
State Funds
Executive and Administrative Technical Assistance Financial Assistance Rural Development Coordinated Planning Total
932,789 1,432,992 42,424,168 1,150,623 1,578,825 47,519,397
905,289 1,253,973 10,324,249 1,110,623 1,444,112 15,038,246
Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation...............................,......................! Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment....................................,...................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Utilities.............................................................................................! Court Costs.......................................................................................! County Subsidy...............................................................................! County Subsidy for Jails................................................................! County Workcamp Construction
Grants............................................................................................! Grants for Local Jails.....................................................................! Central Repair Fund.......................................................................$ Payments to Central State
Hospital for Meals.......................................................................! Payments to Central State
439,092,991 317,996,590 40,081,330
1,782,416 4,009,000 4,645,861 2,866,969 4,518,421 3,727,604 2,366,202
105,000 11,550,000
433,101 12,775,000
8,700,000
0 0 783,750
3,802,000
828
JOURNAL OF THE HOUSE,
Hospital for Utilities... ..... Payments to Public Safety
Inmate Release Fund... ...................................................................$ Health Services Purchases. ............................................................$ Payments to MAG for Health
Care Certification ........................................................................$ University of Georgia -
Cooperative Extension Service Contracts............................ .............................................$ Minor Construction Fund ..............................................................$ Authority Lease Rentals ................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Funding.................................................................$ Georgia Correctional Industries ....................................................$ State Funds Budgeted....................................................................?
1,126,000
438,000
1,513,011 20,902,736
50,000
325,000 2,000,000
100,000 446,597,991
450,000 0
439,092,991
Departmental Functional Budgets
Total Funds
State Funds
Administration Institutions and Support Probation Total
53,850,255 315,116,391 77.631.345 446,597,991
?
53,352,255
? 314,769,391
?
70,971,345
? 439,092,991
B. Budget Unit: Board of Pardons and Paroles .....................,............................................$
Board of Pardons and Paroles Budget: Personal Services.............................................................................$
Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$
Equipment........................................................................................$ Computer Charges...........................................................................$
Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$
County Jail Subsidy........................................................................$ Health Services Purchases .............................................................$ Total Funds Budgeted....................................................................?
State Funds Budgeted....................................................................?
35,161,735
28,225,888 1,157,777
819,034 316,500 200,678 444,000 2,151,754 1,031,321 627,951 608,000
5.000 35,587,903 35,161,735
Section 17. Department of Defense. Budget Unit: Department of Defense ................................................$ Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Grants to Locals - Emergency
Management Assistance.............................................................? Grants - Others................................................................................? Civil Air Patrol Contract...............................................................?
8.215,804
8,398,906 4,383,508
73,382 0
41,300 23,125 6,260 144,673 212,535
1,044,200 51,000 38,304
WEDNESDAY, FEBRUARY 13, 1991
829
Capital Outlay .................................................................................$ Repairs and Renovations ...............................................................$ Disaster Relief Payments...............................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
5,720 20,900 12,000,000 26,443,813 8,215,804
Department of Defense Functional Budgets
Total Funds
State Funds
Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard Georgia Army National Guard Total
1,359,745
15,343,990 3,483,868 6.256.210 26,443,813
1,275,434
4,029,928 561,298
2,349,144 8,215,804
Section 18. State Board of Education Department of Education.
Budget Unit: Department of Education .................................................................$
Operations: Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Utilities.............................................................................................? Capital Outlay.................................................................................?
QBE Formula Grants: Kindergarten/Grades 1 - 3.............................................................? Grades 4 - 8......................................................................................? Grades 9 - 12....................................................................................? High School Laboratories..............................................................? Vocational Education Laboratories.................................................................................? Special Education............................................................................? Gifted................................................................................................? Remedial Education........................................................................? Staff Development and Professional Development..........................................................? Media................................................................................................? Indirect Cost....................................................................................? Pupil Transportation......................................................................? Mid-Term Adjustment...................................................................? Local Fair Share..............................................................................?
Other Categorical Grants: Equalization Formula.....................................................................? Sparsity Grants................................................................................? In School Suspension......................................................................? Special Instructional Assistance...................................................? Middle School Incentive ................................................................? Special Education Low Incidence Grants..........................................................................?
2.845,573,237
43,137,970 4,453,027 1,576,768
0 463,430 4,520,476 2,303,503 1,546,190 16,862,404 710,604
0
709,643,957 569,167,468 262,559,186 79,999,286
87,709,279 201,399,631 26,831,040 50,972,410
22,006,549 76,796,053 659,154,549 115,874,933 51,331,911 (517,913,074)
143,513,105 3,517,069 14,163,785 23,097,718 33,204,570
200,000
830
JOURNAL OF THE HOUSE,
Non-QBE Grants: Education of Children of Low Income Families...........................................................................$ Retirement (H.B. 272 and H.B. 1321) ..........................................................$ Instructional Services for the Handicapped.........................................................................! Removal of Architectural Barriers ..................;......................................................................$ Tuition for the Multi-Handicapped.....................................................................$ Severely Emotionally Disturbed ...................................................$ School Lunch (Federal) ..................................................................$ School Lunch (State)......................................................................$ Supervision and Assessment of Students and Beginning Teachers and Performance Based Certification......................................................................! Regional Education Service Agencies ..........................................................................$ Georgia Learning Resources System...........................................................................................! High School Program .....................................................................$ Special Education in State Institutions.........................................................................! Governor's Scholarships.................................................................! Special Projects ...............................................................................$ Job Training Partnership Act.......................................................! Vocational Research and Curriculum....................................................................................! Salaries and Travel of Public Librarians.........................................................................! Public Library Materials........,.......................................................! Talking Book Centers.....................................................................! Public Library M & 0....................................................................! Grants to Local School Systems for Educational Purposes...........................................................! Child Care Lunch Program (Federal).......................................................................! Chapter II - Block Grant Flow Through...............................................................................! Payment of Federal Funds to Board of Technical and Adult Education......................................................................................! Innovative Programs.......................................................................! Technology Grants..........................................................................! Limited English - Speaking Students Program .......................................................................$ Drug Free School (Federal) ...........................................................$ Transistion Program for Refugees................................................! Emergency Immigrant Education Program........................................................................................!
Title II Math/Science Grant
(Federal).......................................................................................!
Robert C. Byrd Scholarship
(Federal).......................................................................................!
QBE Weights Adjustment .............................................................$
144,506,506
3,000,000
27,451,566
0
2,300,000 36,736,058 113,396,789 24,601,553
5,057,263
6,786,750
4,514,231 17,283,398
3,560,399 940,743 738,305
3,084,680
266,540
10,122,041 4,267,290
834,085 3,777,271
0
16,787,825
10,026,258
14,101,678 1,703,089
150,000
4,237,867 9,016,723
100,000
100,000
345,900
216,000 0
WEDNESDAY, FEBRUARY 13, 1991
831
Health Insurance - Non-Cert. Personnel and Retired Teachers..
Pre-School Handicapped Program., Mentor Teachers................................ Middle School Counselors................. Total Funds Budgeted....................... Indirect DOAS Services Funding.... State Funds Budgeted.......................
59,583,875 1,360,000
0 3,749,706 3,223,508,186
0 2,845,573,237
Education Functional Budgets
Total Funds
State Funds
State Administration Instructional Programs Governor's Honors Program Administrative Services Evaluation and Personnel
Development Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total
$
9,669,691
$
18,155,009
$
1,161,464
$
11,032,953
$
13,609,834
$
4,321,481
$
347,442
$
613,720
$ 3,147,933,814
$
4,522,688
$
7,123,028
$
5,017,062
$ 3,223,508,186
!
9,054,450
!
8,744,905
!
1,084,168
!
7,030,070
!
13,153,026
!
2,899,761
!
347,442
!
613,720
! 2,787,106,840
!
4,264,326
!
6,817,518
!
4,457,011
! 2,845,573,237
Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement
System ......................................................................$ Employees' Retirement System Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Benefits to Retirees........................................................................! Employer Contribution..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
0
1,367,057 225,050 14,000 0 7,000 290,000 191,000 35,000 836,250 0 0
2,965,357 0
Section 20. Forestry Commission. Budget Unit: Forestry Commission....................................................! State Operations Budget:
Personal Services................................................................! Regular Operating Expenses ............................................$ Travel...................................................................................! Motor Vehicle Purchases ..................................................$ Equipment...........................................................................! Computer Charges..............................................................!
34,601,412
29,487,431 6,000,889
174,520 618,778 1,389,191 96,083
832
JOURNAL OF THE HOUSE,
Real Estate Rentals ...........................................................$ Telecommunications..........................................................? Per Diem, Fees and Contracts .........................................$
Contractual Research.........................................................$ Payments to the University of
Georgia, School of Forestry for Forest Research ........................................................$
Ware County Grant for Southern Forest World .............................,.....................................$
Ware County Grant for Road Maintenance....................................................................?
Wood Energy Program ......................................................$ Capital Outlay.....................................................................$
Total Funds Budgeted.......................................................? State Funds Budgeted.......................................................?
40,224 995,304 554,485 236,000
0
28,200
60,000 0 0
39,681,105 34,601,412
Forestry Commission Functional Budgets
Total Funds
State Funds
Reforestation Field Services Wood Energy General Administration
and Support Total
$
4,014,725
$
33,166,698
$
0
$
2.499,682
$
39,681,105
$
1,368,725
$
30,733,005
$
0
$
2,499,682
$
34,601,412
Section 21. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation............................................................?
Operations Budget: Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications...................,...................................................? Per Diem, Fees and Contracts......................................................? Evidence Purchased........................................................................? Capital Outlay.................................................................................? Total Funds Budgeted...........................................,........................? Total State Funds Budgeted.........................................................?
36.560.086
26,746,741 2,295,807
491,361 1,306,418
520,737 601,906 1,841,500 1,871,456 457,286 420,000
6,874 36,560,086 36,560,086
Georgia Bureau of Investigation Functional Budgets
Total Funds
State Funds
Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total
?
3,098,042
?
8,453,294
?
11,479,148
?
6,613,984
?
6.915,618
?
36,560,086
?
3,098,042
?
8,453,294
?
11,479,148
?
6,613,984
?
6,915,618
?
36,560,086
Section 22. Office of the Governor. Budget Unit: Office of the Governor..................................................?
Personal Services.............................................................................?
20,084,772 9,630,259
WEDNESDAY, FEBRUARY 13, 1991
833
Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment......... ...............................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Cost of Operations ..........................................................................$ Mansion Allowance .........................................................................$ Governor's Emergency Fund .........................................................$ Intern Stipends and Travel...........................................................$ Art Grants of State Funds.............................................................$ Art Grants of Non-State Funds....................................................$ Humanities Grant - State Funds..................................................! Art Acquisitions - State Funds .....................................................$ Children's Trust Fund Grants ......................................................$ Children and Youth Grants...........................................................$ Juvenile Justice Grants ..................................................................$ Payments to Hazardous Waste
Management Authority ..............................................................$ Transition Fund ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
494,830 182,329
0 67,666 252,113 805,769 177,246 33,094,341 2,831,820 40,000 3,050,000 152,280 2,825,201 325,910 47,500
0 0 95,000 1,349,936
232,000 50,000 55,704,200 20,084,772
Office of the Governor Functional Budgets
Total Funds
State Funds
Governor's Office
Office of Fair Employment Practices
Office of Planning and Budget
Council for the Arts Office of Consumer Affairs State Energy Office Vocational Education
Advisory Council Office of Consumers'
Utility Council Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Commission on Children
and Youth Human Relations Commission Governor's Commission on Drug
Awareness and Prevention Total
!
6,124,100
$
883,411
!
4,931,867
!
3,856,216
!
2,308,467
!
33,243,116
!
334,428
$
629,521
!
736,182
!
1,609,187
!
361,009
!
160,818
!
525.878
!
55,704,200
!
6,124,100
!
803,411
$
4,931,867
!
3,337,216
!
2,308,467
$
364,872
!
134,428
$
629,521
!
466,876
$
462,187
!
361,009
!
160,818
!
0
!
20,084,772
Section 23. Department of Human Resources.
A. Budget Unit: Departmental Operations............................................................!
1. General Administration and Support Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$
522,101,469
65,900,504 3,914,531
834
JOURNAL OF THE HOUSE,
Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Postage..............................................................................................! Capital Outlay .................................................................................$ Institutional Repairs and
Maintenance.................................................................................! Payments to DMA -
Community Care .........................................................................$ Service Benefits for Children........................................................! Special Purpose Contracts .............................................................$ Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
1,738,450 820,148 204,802
3,028,748 5,857,333 1,377,453 3,372,975
390,975 1,527,830
0
173,473
11,155,762 13,382,850
336,340 36,282,510 149,464,684
638,300 68,236,548
General Administration and Support Functional Budgets
Total Funds
State Funds
Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel Indirect Cost Facilities Management Public Affairs Community/ Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office Of Children and Youth Planning Councils Community Services Block Grant Regulatory Services Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning
791,474 1,828,000
351,575 1,833,384
0 5,204,280
599,336
781,822 1,727,314 5,440,886 2,098,455
618,025
13,382,850 554,530
8,904,284
865,033 2,675,359
841,457
6,089,773 331,210
6,192,980 31,719,254 13,255,033 41,875,975
791,474 1,828,000
351,575 1,833,384
(7,200,934)
3,693,947 599,336
781,822 1,727,314 5,240,886 2,098,455
618,025
12,795,132 154,569
855,033 2,675,359
498,090
1,423,896 248,710 393,123
4,826,120 12,327,388 18,226,449
WEDNESDAY, FEBRUARY 13, 1991
835
and Development Agency Total
1,502,395 149,464,684
1,449,395 68,236,548
2. Public Health Budget: Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage......................................................................-.......................! Crippled Children Clinics..............................................................!
Grants for Regional Intensive Infant Care..................................................................!
Grants for Regional Maternal and Infant Care..........................................................!
Crippled Children Benefits............................................................! Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................! Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants................................................................................! Family Planning Benefits ..............................................................$ Grant-In-Aid to Counties...............................................................! Purchase of Service Contracts ......................................................$ Special Purpose Contracts.............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
51,876,772 59,608,981 1,186,683
0 115,937 579,634 1,104,808 716,884 3,466,125
0 113,030 640,000
0
2,055,000 7,600,000
381,572 2,837,470
2,358,000 515,582
70,444,214 12,786,513 6,225,350 224,612,555
549,718 128,217,720
Public Health Functional Budgets
Total Funds
State Funds
Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services
859,231 310,643 1,322,157 1,900,061 1,039,432 1,049,159
1,989,672 1,194,433
688,337
1,928,951
1,825,599 12,666,644 5,640,687 3,213,190 10,305,829 60,865,998 1,747,521 12,367,435
662,006 245,643 1,237,157 1,727,410 816,614 972,359
1,459,672 848,651 0
302,153
1,527,654 6,573,819 4,406,272
672,318 6,272,589
0 1,537,346 10,124,465
836
JOURNAL OF THE HOUSE,
Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grant in Aid to Counties Community Health Management Community Care Aids Total
1,330,953 687,672
4,015,479 1,338,630 5,526,895 2,997,850
10,760,881 979,310
3,557,229
4,477,587 57,880,701
492,974 3,208,364 6.443.051 224,612,555
1,330,953 687,672
3,899,621 924,858
5,338,168 1,937,350
10,631,206 780,959
3,051,669
4,477,587 50,869,452
409,842 1,244,236 3,248,019 128,217,720
3. Rehabilitation Services Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges........................................................,..................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities ................,............................................................................$ Capital Outlay ...........................,.....................................................$ Postage..............................................................................................! Institutional Repairs and Maintenance.........................................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................$ Special Purpose Contracts .............................................................$ Purchase of Services Contracts.............................................,.......! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
68,633,962 10,105,001
799,782 115,275 474,681 2,025,090 3,272,696 1,434,453 4,575,550 977,500
0 429,550
330,660 16,292,650
27,000 929,640 7,274.116 117,697,606 100,000 24,876,608
Rehabilitation Services Functional Budgets
Total Funds
State Funds
Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Production Workshop District Field Services Independent Living
4,065,719 1,024,272
7,628,634
19,958,172
13,276,467 25,152,124
817,995 37,011,593
549,622
1,247,032 868,847
1,301,761
5,320,902
769,159 0 0
7,678,215 344,622
WEDNESDAY, FEBRUARY 13, 1991
837
Sheltered Employment Community Facilities Bobby Dodd Workshop Total
1,646,158 6,137,165
429.685 117,697,606
779,220 6,137,165
429,685 24,876,608
4. Family and Children Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Utilities.............................................................................................? Postage..............................................................................................? Cash Benefits...................................................................................? Grants to County DFACS Operations....................................................................................? Service Benefits for Children........................................................? Special Purpose Contracts.............................................................? Purchase of Service Contracts ......................................................? Children's Trust Fund....................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?
14,740,527 1,517,281
409,604 0
56,117 15,781,856
242,803 1,296,064 5,729,970
9,373 1,701,359 365,122,429
223,081,143 62,024,137 3,572,934 2,247,160
1,179,130 698,711,887
2,339,882 300,770,593
Family and Children Services Functional Budgets
Total Funds
State Funds
Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations -
Social Services County DFACS Operations -
Eligibility County DFACS Operations -
Joint and Administration County DFACS Operations -
Homemakers Services Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information
Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care
1,398,919 354,526,410
100 10,051,000
65,118,020
99,300,599
47,942,446
7,292,940 2,512,000
826,383 4,640,828 4,012,183 4,843,975
18,657,187 2,839,327
0 2,971,311 1,976,046 26,346,790 3,477,626
0 136,438,948
100 0
15,300,685
49,569,189
23,703,226
7,292,940 0
826,383 3,781,535 4,012,183 2,326,336
7,603,587 2,839,327 (7,047,304) 1,465,696 1,976,046 18,768,142 3,006,000
838
JOURNAL OF THE HOUSE,
Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Program Support County DFACS Operations -
Employability Program Children's Trust Fund
Commission Total
1,374,279 4,613,880 23,747,656
145,000 736,032 1,319,763 3,306,919
3,427,138
1,307,130 $ 698,711,887
Budget Unit Object Classes: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay.................................................................................! Grants for Regional Intensive Infant Care..................................................................! Grants for Regional Maternal and Infant Care..........................................................! Crippled Children Benefits............................................................! Crippled Children Clinics..............................................................! Kidney Disease Benefits................................................................! Cancer Control Benefits.................................................................! Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants................................................................................! Family Planning Benefits ..............................................................$ Grant-In-Aid to Counties...............................................................! Payments to DMA-Community Care...........................................! Service Benefits for Children........................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Cash Benefits...................................................................................! Grants for County DFACS Operations....................................................................................! Institutional Repairs and Maintenance.........................................................................! Special Purpose Contracts.............................................................! Purchase of Service Contracts ......................................................! Children's Trust Fund....................................................................!
B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions...........................................................!
Departmental Operations: Personal Services.............................................................................!
1,179,601 3,373,991 16,415,983
145,000 736,032 1,297,308 3,150,292
1,302,237
1,307,130 300,770,593
201,151,765 75,145,794 4,134,519
935,423 851,537 21,415,328 10,477,640 4,824,854 17,144,620 1,377,848 3,771,769
0
0
2,055,000 7,600,000
640,000 381,572 2,837,470
2,358,000 515,582
70,444,214 11,155,762 75,406,987 16,292,650
27,000 365,122,429
223,081,143
504,133 11,064,264 58,590,299 1,179,130
509,710,830
403,628,273
WEDNESDAY, FEBRUARY 13, 1991
839
Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Capital Outlay .................................................................................$ Authority Lease Rentals ................................................................$ Institutional Repairs and
Maintenance.................................................................................! Grants to County-Owned
Detention Centers .......................................................................$ Substance Abuse
Community Services...................................................................! Mental Retardation
Community Services...................................................................!
Mental Health Community Services...................................................................!
Community Mental Health Center Services............................................................................!
Special Purpose Contract...............................................................! Service Benefits for Children........................................................! Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
37,739,661 1,147,608
221,435 1,963,998 4,688,467 1,206,036 3,126,589 7,215,453 13,758,341
0 770,000
1,696,143
2,623,270
45,230,162
91,589,960
18,665,451
61,372,230 1,515,144 5,530,730 588,664
704,277,615 2,404,100
509,710,830
Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets
Total Funds
State Funds
Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Developmental Disabilities
40,674,073 31,906,792
31,349,330
23,583,238
29,977,712
31,039,563 135,067,329
26,059,768
47,521,269
23,845,602 3,357,542
9,978,079
4,573,989
25,530,516 13,367,210
26,270,520
20,468,758
22,487,508
23,056,504 85,326,779
21,380,441
23,894,399
18,639,981 2,506,891
9,894,749
2,993,238
840
JOURNAL OF THE HOUSE,
Grant Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Administration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/ Interstate Compact Assessment and Classification Youth Services Administration Total
996,008
69,306,115 18,331,970
691,881 479,632 4,670,723
61,372,230 397,124
1,418,574
276,135 333,481
3,894,902
16,883,037
75,773
10,613,365
19,743,383 11,009,395 7,686,147 4,114,135 4,067,116 13,777,481 2,858,865 1,021,787
721,783 7,022,791
730,450
452,891
2.396.155 704,277,615
Section 24. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade...................................................
State Operations Budget: Personal Services............................................................... Regular Operating Expenses ........................................... Travel.................................................................................. Motor Vehicle Purchases ................................................. Equipment.......................................................................... Computer Charges............................................................. Real Estate Rentals .......................................................... Telecommunications ......................................................... Per Diem, Fees and Contracts ........................................ Local Welcome Center Contracts ...................................
Advertising and Cooperative
41,570,115 18,331,970
663,416 479,632 1,452,528
47,942,410 397,124
1,196,574
276,135 333,481
3,894,902
16,883,037
75,773 7,316,607
19,253,383 10,621,542 7,610,704 3,989,412 3,622,388 13,777,481 2,858,865 1,021,787
721,783 6,022,791
730,450
452,891
2.396,155 509,710,830
16,818,651
7,766,090 1,381,906
332,191 0
31,572 114,640 646,358 210,500 259,613 205,125
WEDNESDAY, FEBRUARY 13, 1991
841
Advertising ...................................................................................$ Georgia Ports Authority
Authority Lease Rentals....................................... ......................$ Historic Chattahoochee
Commission Contract.............. ....................................................$ Georgia Council for
International Visitors. .................................................................$ Waterway Development in
Georgia Music Week Promotion. ..................................................$ Georgia World Congress Center
Operating Expenses ....................................................................$ Contract - Georgia Association
of Broadcasters ............................................................................$ Southern Center for
International Studies............................................. ....................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
4,814,110
1,785,000
84,600
23,500
47,000 33,250
0
49,820
23,500 0
17,808,775 16,818,651
Department of Industry and Trade Functional Budgets
Total Funds
State Funds
Administration Economic Development Tourism Total
4,495,890 5,374,480 7,938,405 17,808,775
3,685,890 5,214,480 7,918,281 16,818,651
Section 25. Department of Insurance. Budget Unit: Department of Insurance .............................................$ Operations Budget:
Personal Services......... ....................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$ Equipment... .....................................................................................$ Computer Charges................. ..........................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Health Care Utilization Review. ...................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
13,144,242
11,398,681 563,961 551,170 96,000 78,208 480,405 529,664 249,625 51,600 0
13,999,314 13,144,242
Department of Insurance Functional Budgets
Total Funds
State Funds
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total
2,258,711 6,125,377
629,658
4,985,568 13,999,314
2,258,711 5,980,377
629,658
4,275,496 13,144,242
Section 26. Department of Labor. Budget Unit: Department of Labor.......... State Operations:
7,384,046
842
JOURNAL OF THE HOUSE,
Personal Services...................,.........................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$
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....................................................................!
62,795,725 5,381,433 1,021,174
0 458,221 3,566,198 1,243,596 1,415,647
64,634,911 1,787,506 0 1,774,078 1,143,000
145,221,489 7,384,046
Department of Labor Functional Budgets
Total Funds
State Funds
Executive Offices Administrative Services Employment and Training
Services Total
5,652,020 18,332,034
121,237,435 145,221,489
!
898,387
!
2,896,554
!
3,589,105
!
7,384,046
Section 27. Department of Law. Budget Unit: Department of Law.......................................................! Attorney General's Office Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Books for State Library .................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
9,357,863
8,242,656 423,635 131,057 0 11,205 223,905 462,241 98,164 265,000 110,000
9,967,863 9,357,863
Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment.......................,................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Medicaid Benefits, Penalties
and Disallowances.......................................................................! Payments to Counties for
Mental Health..............................................................................!
701,255,798
12,942,408 524,904 122,670 0 45,678
14,951,850 935,973 389,377
42,137,563
1,875,959,702
33,630,480
WEDNESDAY, FEBRUARY 13, 1991
843
Audit Contracts............. SFY 1990 Benefits........ Total Funds Budgeted..
State Funds Budgeted..
772,500 14,711,896 1,997,125,001 701,255,798
Medical Assistance Functional Budgets
Total Funds
State Funds
Commissioner's Office Program Management Systems Management Administration Program Integrity Institutional Policy
and Reimbursement Benefits, Penalties
and Disallowances Total
7,392,501 37,409,883 17,253,791 2,818,873 4,577,093
3,370,782
$1,924,302,078 $1,997,125,001
?
3,369,392
$
1,799,572
$
4,777,015
$
453,224
$
1,762,822
$
1,633,484
? 687,460,289 ? 701,255,798
B. Budget Unit: Indigent Trust Fund................................................$
35,512,616
Indigent Trust Fund Budget: Benefits ..............................................................$
Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................$
92,073,155 92,073,155 35,512,616
Section 29. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration ........................................................$
Departmental Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................? Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Health Insurance Payments ..........................................................$ Total Funds Budgeted....................................................................$ Agency Assessments........................................................................? Employee and Employer Contributions ...............................................................................$ Deferred Compensation..................................................................? State Funds......................................................................................?
(7,817,591)
8,236,268 1,772,096
84,509 52,553 3,022,096 885,042 415,177 63,182,877 585.491,138 663,141,756 9,805,941
660,917,952 137,454
(7,817,591)
Merit System Functional Budgets
Total Funds
State Funds
Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims
2,734,280
1,222,248 1,275,376
1,336,488
17,762,290 634,641,669
0 (7,817,591)
844
JOURNAL OF THE HOUSE,
Internal Administration Commissioner's Office Total
2,641,762
$
1.527,643
663,141,756
Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..............................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment................................................................ ........................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................,...............$ Per Diem, Fees and Contracts ......................................................I Land and Water Conservation
Grants............................................................................................$ Recreation Grants ...........................................................................$ Contract with U. S. Geological
Survey for Ground Water Resources Survey.........................................................................$ Contract with U.S. Geological Survey for Topographic Maps...................................................$ Capital Outlay - Repairs and Maintenance .........................................................................$ Capital Outlay - Shop Stock Parks .............................................................................................$ Capital Outlay-Heritage Trust.......................,..............................! Authority Lease Rentals ................................................................$ Cost of Material for Resale ...........................................................$ Payments to Lake Lanier Islands Development Authority ..............................................................$ Contract - Special Olympics, Inc..................................................................................................$ Georgia Sports Hall of Fame.........................................................$ Capital Outlay - Heritage Trust - Wildlife Management Area Land Acquisition................................................................$ Capital Outlay - User Fee Enhancements - Parks................................................................$ Capital Outlay - Buoy Maintenance.................................................................................$ Capital Outlay - Consolidated Maintenance - Game and Fish..................................................$ Technical Assistance Contract ......................................................$ Capital Outlay .................................................................................S Contract - Georgia Rural Water Association........................................................................$ Contract - Corps of Engineers (Cold Water Creek St. Park) .....................................................$ Advertising and Promotion............................................................$ Payments to Georgia Agricultural Exposition Authority ..................................................................$ Historic Preservation Grant ..........................................................$ Environmental Facilities Grant ....................................................$ Georgia Boxing Commission..........................................................$
0 0 (7,817,591)
70,632,504
61,036,582 11,290,415
440,234 1,316,369 1,356,803
668,896 1,837,353 1,061,588 1,300,386
800,000 315,000
300,000
0
2,186,395
332,780 211,500 865,000 2,318,000
0
206,000 47,000
510,000
1,369,650
20,000
0 117,500 215,500
9,400
300,000 142,620
2,277,731 258,500
3,500,000 5,640
WEDNESDAY, FEBRUARY 13, 1991
845
Lanier Regional Committee...........................................................$ Georgia State Games Commission................................................$ Paving at State Parks and
Historic Sites................................................................................$ Grant - Chehaw Park Authority...................................................? Grant - Zoo Atlanta........................................................................? Total Funds Budgeted....................................................................? Receipts from Jekyll Island
State Park Authority..................................................................? Receipts from Stone Mountain
Memorial Association .................................................................$ Indirect DOAS Funding.................................................................? State Funds Budgeted....................................................................?
0 94,000
475,400 187,500 187,500 97,561,242
314,594
1,015,000 200,000
70,632,504
Department of Natural Resources Functional Budgets
Total Funds
State Funds
Internal Administration Game and Fish Parks, Recreation and
Historic Sites Environmental Protection Coastal Resources Total
8,364,784 26,705,001
36,392,857 24,332,398 1,766,202 97,561,242
?
5,886,221
?
22,655,775
?
19,885,582
?
20,528,724
?
1,676,202
$
70,632,504
B. Budget Unit: Georgia Agricultural Exposition Authority..........................................?
Operations Budget: Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
0
1,425,472 1,344,116
24,000 11,000 69,088 27,000
0 17,500 490,826
0 3,409,002
0
Functional Budget
Total Funds
State Funds
Georgia Agricultural Exposition Authority
3,409,002
?
0
Section 31. Department of Public Safety. A. Budget Unit: Department of Public
Safety....................................................................? 1. Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................?
82,617,432
49,550,810 7,350,589
137,500 2,010,000
733,380 4,786,000
40,501
846
JOURNAL OF THE HOUSE,
Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ State Patrol Posts Repairs
and Maintenance .........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding ...................................................$ State Funds Budgeted....................................................................$
979,000 180,000
150,000 0
65,917,780 1,650,000 64,267,780
2. Driver Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Conviction Reports.........................................................................? Driver License Processing..............................................................? Total Funds Budgeted....................................................................? Indirect DOAS Service Funding...................................................? State Funds Budgeted....................................................................?
14,237,820 1,633,808
37,970 0
138,497 0
37,507 361,600 88,350 600,000 232,500 981,600 18,349,652
0 18,349,652
Public Safety Functional Budgets
Total Funds
State Funds
Administration Driver Services Field Operations Total
$
17,627,562
18,349,652
48,290,218
84,267,432
15,977,562 18,349,652 48,290,218 82,617,432
B. Budget Unit: Units Attached for Administrative Purposes Only......................................................?
1. Attached Units Budget: Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Peace Officers Training Grants....................................................? Capital Outlay.................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
14,090,781
7,400,993 2,640,847
124,800 12,296 137,506 425,776 95,366 148,963 884,440 2,758,356
0 14,629,343 13,766,343
2. Office of Highway Safety Budget: Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment.............................................,..........................................?
411,252 28,600 9,828
0 0
WEDNESDAY, FEBRUARY 13, 1991
847
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted ....................................................................$
39,185 69,988 4,000 23,800 3,500.000 4,086,653 324,438
Attached Units Functional Budgets
Total Funds
State Funds
Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy Georgia Firefighters
Standards and Training Council Organized Crime Prevention Council Georgia Public Safety Training Facility Total
4,086,653
4,723,932 1,158,993 1,213,078
422,251
313,231
6,797,858 18,715,996
324,438
4,723,932 1,108,993 1,133,078
422,251
313,231
6,064,858 14,090,781
Section 32. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System.................................................!
Departmental Operations Budget: Payments to Employees' Retirement System......................................................................! Employer Contributions.................................................................! Cola-House Bill 738 ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
9,537,043
389,043 8,900,000
248,000 9,537,043 9,537,043
Section 33. Public Service Commission. Budget Unit: Public Service
Commission..............................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
7,490,073
6,605,523 406,348 214,381 47,958 92,699 303,673 309,828 120,716 912,325
9,013,451
7,490,073
Public Service Commission Functional Budgets
Total Funds
State Funds
Administration Transportation
1,724,770 3,172,924
1,724,770 1,807,990
848
JOURNAL OF THE HOUSE,
Utilities Total
4,116,757 9,013,451
Section 34. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction ................................................$ Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................!?
Special Funding Initiative .............................................................$ Office of Minority
Business Enterprise.....................................................................$ Special Desegregation Programs...................................................! Forestry Research............................................................................$ Research Consortium......................................................................$ Eminent Scholars Program............................................................$ Capital Outlay .................................................................................$ 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...............................................................$
Regents Central Office and Other Organized Activities Budget:
Personal Services: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations.................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs......................................................$ Sponsored Operations.................................................................!
Fire Ant and Environmental Toxicology Research...................................................................!
Agricultural Research.....................................................................! Advanced Technology
Development Center...................................................................! Capitation Contracts for
Family Practice Residency.........................................................! Residency Capitation Grants.........................................................! Student Preceptorships..................................................................! Center for Rehabilitation
Technology...................................................................................! SREB Payments..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants.........................................................! Regents Scholarships......................................................................! Rental Payments to Georgia
Military College...........................................................................! CRT Inc. Contract at Georgia Tech
Research Institute .......................................................................$
3,957,313 7,490,073
760,257,799
821,291,627 111,964,506
220,796,895 125,000,000 11,250,000
334,043 362,495 283,880 96,000
0 20,035,106 1,311,414,552 32,195,185 236,964,506 278,969,762 3,027,300 760,257,799
149,599,669
207,524,492 69,551,857
97,579,557 37,607,630
218,080 1,984,703
1,406,386
2,607,781 2,425,058
148,520
1,398,649 8,742,031
958,027 564,000 188,000
861,415
198,340
WEDNESDAY, FEBRUARY 13, 1991
849
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....................................................................!
7,637,904 441,602,430
3,087,700 107,915,122 180,444,239
555,700 149,599,669
Regents Central Office and Other Organized Activities Functional Budgets
Total Funds
State Funds
Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute Education Extension
Services Agricultural
Experiment Station Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine
Experiment Station Veterinary Medicine
Teaching Hospital Joint Board of
Family Practice Georgia Radiation
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Total
3
1,721,972
3
3,691,331
3
1,431,905
$
126,215,095
3
5,847,259
3
50,372,176
3
49,447,695
3
162,937,227
3
2,904,029
3
2,354,694
S
5,842,920
3
2,000,764
i
2,581,503
i,
24,253,860
J
441,602,430
1,184,539
1,504,907 981,178
13,003,069 2,086,574 33,705,056 33,013,733 30,660,825 2,904,029
502,839 5,842,920
0 62,842 24,147.158 149,599,669
C. Budget Unit: Georgia Public Telecommunications Commission................
Public Telecommunications Commission Budget:
Personal Services.................................... Operating Expenses............................... Total Funds Budgeted........................... Other Funds............................................ State Funds Budgeted...........................
6,059,354 7,663.636 13,722,990 13,722,990
0
Section 35. Department of Revenue. Budget Unit: Department of Revenue ......... Operations Budget:
Personal Services........................................ Regular Operating Expenses....................
74,349,477
48,123,522 4,057,203
850
JOURNAL OF THE HOUSE,
Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ County Tax Officials/Retirement
andFICA......................................................................................$ Grants to Counties/Appraisal
Staff...............................................................................................! Motor Vehicle Tags and Decals....................................................$ Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
1,410,700 114,200 510,825
8,855,547 3,531,465 1,073,738
279,910
3,358,285
1,430,000 2,443,822 3,005,260 78,194,477 3,845,000 74,349,477
Department of Revenue Functional Budgets
Total Funds
State Funds
Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total
$
6,871,332
!
11,054,316
!
5,255,204
$
16,415,981
!
8,022,525
!
15,670,035
$
6,250,501
$
4,364,390
$
4,290,193
!
78,194,477
$
6,871,332
$
10,854,316
$
5,037,204
$
16,115,981
$
7,065,525
!
14,038,035
!
6,250,501
$
4,283,390
$
3,833,193
$
74,349,477
Section 36. Secretary of State.
Budget Unit: Secretary of State..........................................................! Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
21,419,173 15,216,670 1,971,289
224,800 28,500 85,621 811,611 2,272,731 300,095 617,856 400,000 21,929,173 21,419,173
Secretary of State Functional Budgets
Total Funds
State Funds
Internal Administration Archives and Records Business Services and
Regulation Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission Occupational Certification
$
3,184,821
!
4,724,469
$
4,306,533
$
1,138,200
$
999,013
!
196,773
$
7,379,364
!
3,034,821
!
4,649,469
!
4,211,533
!
1,102,200
!
945,013
$
196,773
$
7,279,364
WEDNESDAY, FEBRUARY 13, 1991
851
Total
$
21,929,173
?
21,419,173
B. Budget Unit: Real Estate Commission. Real Estate Commission Budget:
Personal Services...................................... Regular Operating Expenses.................. Travel......................................................... Motor Vehicle Purchases........................ Equipment................................................. Computer Charges.................................... Real Estate Rentals................................. Telecommunications ............................... Per Diem, Fees and Contracts .............. Total Funds Budgeted............................. State Funds Budgeted............................
1,804.811
1,007,853 152,894 13,500 19,000 17,800 317,859 117,855 23,150 134,900
1,804,811 1,804,811
Real Estate Commission Functional Budget
Cost of
State Funds
Operations
Real Estate Commission
$
1,804,811
?
1,844,811
Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water
Conservation Commission......................................$ Soil and Water Conservation Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................? Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? County Conservation Grants.........................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
1,872,630
903,851 111,003 63,305 10,450 17,705
5,600 50,405 19,220 442,420 586,396 2,210,355 1,872,630
Section 38. Student Finance Commission. Budget Unit: Student Finance
Commission..............................................................? Administration Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Payment of Interest and Fees.......................................................? Guaranteed Educational Loans.....................................................? Tuition Equalization Grants.........................................................? Student Incentive Grants...............................................................? Law Enforcement Personnel
Dependents' Grants....................................................................? North Georgia College
ROTC Grants...............................................................................? Osteopathic Medical Loans...........................................................?
22,844,254
4,345,854 388,001 68,800 12,000 32,100 364,668 133,900 22,257 381,625
4,210,000 14,730,888 4,724,401
38,000
104,500 162,000
852
JOURNAL OF THE HOUSE,
Georgia Military Scholarship Grants............................................................................................$
Paul Douglas Teacher Scholarship Loans .......................................................................$
Total Funds Budgeted....................................................................$
State Funds Budgeted....................................................................?
462,030
444.425 30,625,449 22,844,254
Georgia Student Finance Commission Functional Budgets
Total Funds
State Funds
Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Public Postsecondary
Education Commission Total
5,268,249
381,625
24,876,244
27 30,625,449
0
381,625
22,363,298
28 22,844,254
Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System ......................................................................$ Departmental Operations Budget:
Personal Services.............................................................................$
Regular Operating Expenses .........................................................$ Travel................................................................................................! Equipment.................. ......................................................................$
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$
Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$
Cost-of-Living Increases for Local Retirement System Members ....................................................$
Floor Fund for Local Retirement Systems ....................................................................$
Post Retirement Benefit Increases for Retirees..................................................................$
Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
3.700,000
3,068,965 307,000 26,000 9,000
1,119,000 301,000 114,000 339,000
2,950,000
750,000
0 8,983,965 3,700,000
Section 40. Department of Technical and
Adult Education.
Budget Unit: Department of Technical and Adult Education..............................................?
Department of Technical and Adult Education Budget: Personal Services.......................................................,.....................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Personal Services-Institutions.......................................................? Operating Expenses-Institutions...................................................? Capital Outlay.................................................................................?
128.360,001
4,087,560 340,242 128,000 0 12,413 609,851 476,004 142,000
1,285,672 85,165,582 18,993,302
0
WEDNESDAY, FEBRUARY 13, 1991
853
Quick Start Program ......................................................................$ Area School Program......................................................................$
Regents Program.............................................................................$ Adult Literacy Grants ....................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
5,878,282 25,254,051
2,766,092 7,473.805 152,612,856 128,360,001
Functional Budgets
Total Funds
State Funds
Administration Institutional Programs Total
7,081,742 145,531.114 $ 152,612,856
$
5,955,686
$ 122,404.315
$ 128,360,001
Section 41. Department of Transportation. Budget Unit: Department of
Transportation........................................................!
For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance,
and for other transportation activities. Departmental Operations Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................!
Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................!
Real Estate Rentals........................................................................! Telecommunications.......................................................................!
Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Grants to Counties..........................................................................!
Grants to Municipalities................................................................!
Capital Outlay - Airport Approach Aid and Operational Improvements..............................................................................!
Capital Outlay - Airport Development................................................................................!
Mass Transit Grants.......................................................................!
Savannah Harbor Maintenance Payments......................................................................................!
Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction....................................................................!
G.O. Debt Sinking Fund................................................................!
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
500,049,633
231,867,368 54,819,088 1,818,531 1,008,025 4,756,595 4,644,100 1,356,023 2,000,716 8,428,297 636,853,178 4,658,507 4,658,500
1,058,242
1,000,000 8,509,511
1,083,000
0 10,640,000 979,159,681 500,049,633
Department of Transportation Functional Budgets
Motor Fuel Tax Budget
Total Funds
State Funds
Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Paving at State and Local
Schools and State
694,181,944 228,966,161
8,444,767 4,658,507 22,504,214
236,074,966 217,499,581
7,807,732 4,658,507 21,959,214
854
JOURNAL OF THE HOUSE,
Institutions Total
?
234,226
? 958,989,819
?
234,226
? 488,234,226
General Funds Budget
Total Funds
State Funds
Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Total
?
4,658,500
0 1,714,577
12,713,785
1.083,000 20,169,862
?
4,658,500
?
0
$
1,214,577
?
4,859,330
?
1,083,000
?
11,815,407
Section 42. Department of Veterans Service. Budget Unit: Department of Veterans
Service ................................................... Departmental Operations Budget:
Personal Services.......................................................... Regular Operating Expenses ......................................
Motor Vehicle Purchases .
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Operating Expense/Payments to
Central State Hospital................................................................? Operating Expense/Payments to
Medical College of Georgia. .......................................................$ Regular Operating Expenses
for Projects and Insurance.........................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
21,657,954
4,724,940 115,252 65,456 0 9,420 13,812 226,748 52,000 20,100 0
15,301,261
5,894,509
207,580 26,631,078 21,657,954
Veterans Service Functional Budgets
Total Funds
State Funds
Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total
5,227,728
15,474,841
5,928,509 26,631,078
?
5,000,258
$
12,158,079
?
4.499,617
?
21,657,954
Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board........................................................................? Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................?
8,643,426
6,920,884 317,375 79,850 0
4,330
226,400
WEDNESDAY, FEBRUARY 13, 1991
855
Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Georgia Crime Victims Assistance
Program ........................................................................................$ Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................!
861,177 109,660 115,500
108,250 8,743,426 8,643,426
Section 44. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .................................................$ State of Georgia General Obligation Debt Sinking Fund (New).....................................................$
299,675,054 27,851.525
Section 45. Provisions Relative to Section 3, Supreme Court. The appro priations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 46. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contribu tions for judges and employees of the Court.
Section 47. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attor neys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 48. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 49. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 50. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
856
JOURNAL OF THE HOUSE,
Section 51. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is desig nated and committed for youth programs and activities.
Section 52. Provisions Relative to Section 18, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,612.50 In addition, all local school system allot ments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 18, funds are designated and committed for the purpose of Special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1991.
From the Appropriations in Section 18, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1991 on the basis of one eighteenth of the total appropriation for each Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1991 that it contributed during SFY 1990.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information sys tem and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Section 53. Provisions Relative to Section 19, Employees Retirement System. The Employees Retirement System is authorized to increase the employer con tribution rate by thirty-one one hundredths of one percent of salaries to fund the follow ing: 1.) A special cost-of-living increase in retirement benefits, effective July 1, 1990, to par tially offset the taxation of such benefits as provided by HB 1-EX enacted at the Septem ber 1989 Extraordinary Session of the General Assembly as authorized by HB 738 enacted at the 1990 Regular Session of the General Assembly. 2.) A one and one-half percent cost-of-living increase effective July 1, 1990. 3.) A one and one-half percent cost-of-living increase effective January 1, 1991.
Section 54. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and
WEDNESDAY, FEBRUARY 13, 1991
857
not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:
Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11
Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860
Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568
It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of each MH-MR-SA institution for fiscal year 1991 that was authorized in fiscal year 1987.
Provided, that Central State Hospital is authorized to utilize surplus funds, not to exceed $497,500, for replacement of TV distribution lines in the Department of Veterans Service facilities, the Department of Corrections facilities and MH/MR facilities.
Provided, that Southwestern State Hospital is authorized and directed to add six (6) HST positions to the Adult Mental Health Unit.
Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid dollars.
Provided, however, that the listed appropriations to the object class "Grants to County DFACS - Operations" shall be increased by the amount of $400,000 and is desig nated and committed for temporary eligibility workers.
Section 55. Provisions Relative to Section 26, Department of Labor.
The Department of Labor is authorized to transfer up to $1,774,078 of funds budgeted for State Treasury Payments to Personal Services for the purpose of supplanting Federal funds in order to avoid closing Department offices during regular work periods. The exer cise of this authority by the Department shall not be construed as a cancellation of obliga tion to make this or any future payments to the State Treasury.
Section 56. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $164.46 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1991 shall not exceed ten and one-half percent (10.50%).
Section 57. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri ated in Section 30 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30.
From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
858
JOURNAL OF THE HOUSE,
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 30, the Department of Natural Resources is authorized to use the excess receipts to provide for the most immediate criti cal needs of the Parks, Recreation and Historic Sites Division to include repairs and main tenance of State Parks and Historic Sites facilities.
Provided that of the $258,500 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Planning Commissions which employ Preservation Planners as of July, 1990.
Section 58. Provisions Relative to Section 31, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instruc tors utilizing federal funds.
Provided, that of the appropriation relating to the Department of Public Safety, Bud get Unit "B", the Office of Planning and Budget is authorized and directed to transfer five training positions and operating costs associated with those positions from the Georgia Public Safety Training Center to the Georgia Police Academy.
Section 59. Provisions Relative to Section 34, Board of Regents, Univer sity System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality - added pro grams and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 60. Provisions Relative to Section 40, Department of Technical and Adult Education None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Technical and Adult Education.
Section 61. Provisions Relative to Section 41, Department of Transpor tation. For this and all future general appropriations acts, it is the intent of this Gen eral 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 budget ary 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 pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 41 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sep arately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
WEDNESDAY, FEBRUARY 13, 1991
859
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department owned aircraft facilities may be retained for use in the department's aviation program.
It is the further intent of this General Assembly that of the $488,000,000 of motor fuel tax appropriated in this act, $40,000,000 is designated and committed for the Local Assist ance Road Program. It is the intent of this General Assembly that of the $488,000,000 of motor fuel tax appropriated in this act, $3,000,000 is authorized for initial design of a replacement of the Sidney Lanier Bridge in Glynn County, Georgia.
Section 62. In addition to all other appropriations for the State fiscal year ending June 30, 1991, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $8,520,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($8,400,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 63. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 64. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 65. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 66. 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 effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
860
JOURNAL OF THE HOUSE,
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncomplaince with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 67. 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 68. 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 69. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 70. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Tele communications Network either directly or indirectly.
Section 71. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated 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 insuffi cient to make the required payments in full, there shall be taken from other funds appro priated 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 appro priations.
Section 72. (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 1990 Regular Session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatso ever 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
WEDNESDAY, FEBRUARY 13, 1991
861
an annual report to the Appropriations Committees of the Senate and House of Represen tatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equip ment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropria tions shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the admin istration of the annual operating budget.
Section 73. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classifica tion 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 74. 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 75. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.
A.) Maturities not to exceed two hundred forty months.
Judicial Building Renovation
Construction of facilities of Incarceration in Emanuel County
Replacement of central heating facility at Northwest Regional Hospital
Purchase of office building in Clayton County
Replacement of interest income budgeted for construction of facilities for use by the Department of Corrections
Georgia World Congress facility expansion
Acquisition of land at
1,265,000 2,000,000 1,725,000 7,400,000
1,500,000 75,000,000
126,500 200,000 172,500 740,000
150,000 7,500,000
862
JOURNAL OF THE HOUSE,
Georgia Southern University Construction of a building at the Law School at the University of Georgia Construction of developmental highways and four-lane/passing lane construction Major market renovations for the Department of Agriculture Regional Crime Lab in Moultrie Design and engineering for Haralson County regional reservoir Student Center at Southern Technical Institute Continuing Education Center at Georgia Southern University Library at DeKalb College Design a dormitory at Georgia Institute of Technology Purchase of land and equipment for food and farm operations for the Department of Corrections Acquisition and renovation of Brookwood Hall at Valdosta State College Capital outlay for facilities at Institutes of Incarceration for the Department of Corrections Repairs to Confederate Avenue facility for the Department of Public Safety Commercial Drivers License facilities for the Department of Public Safety
B.) Maturities not to exceed sixty months.
Equipment for facilities at Institutes of Incarceration for the Department of Corrections
Equipment and capital construction for wildlife management and public fishing areas
Plan and design correctional officer training facility for the Board of Regents
Section 76. TOTAL STATE FUND APPROPRIATIONS THROUGH SECTION 75
1,500,000 2,500,000 100,000,000 1,250,000 1,600,000 1,500,000 6,500,000 17,000,000 10,000,000 1,000,000
3,000,000 900,000
6,000,000 1,500,000 2,850,000
11,795,000
1,450,000 150,000
150,000 250,000 10,000,000 125,000 160,000 150,000 650,000 1,700,000 1,000,000 100,000
300,000 90,000
600,000 150,000 285,000
2,859,775
355,250 37,500
WEDNESDAY, FEBRUARY 13, 1991
863
State Fiscal Year 1991 .............................................................................$ 7,645,067,946 (including $35,512,616 in Indigent Trust Fund).
Section 77. In addition to the appropriation in Section 44 of this General Appro priations Act for State Fiscal Year 1990-1991, for "State of Georgia General Obligation Debt Sinking Fund (New)," the sum of $22,626,000 is appropriated to the State of Georgia General Obligation Debt Sinking Fund (New) from the mid-year adjustment reserve to permit the issuance of no more than $226,260,000 of general obligation debt. The particu lar maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows: Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $5,800,000 is specifically appro priated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, nec essary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $58,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,500,000 is specifically appropriated for the State Board of Education for the purposes of financing educational facilities for county and independent school systems, and of financing certain public library facilities for county and independent school systems, counties, municipalities and boards of trustees of public library systems, including but not necessarily, for the unpaid-for portions of those certain projects of the systems which were funded by appropriations of the General Appropria tions Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $550,000 is specifically appropriated for the purpose of financing the construction of facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $5,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $900,000 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources by means of the acquisi tion, construction, development, extension, enlargement, and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $9,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,260,000 is specifically appropriated for the pur pose of financing facilities for the Board of Regents of the University System of Georgia, by means of acquisition, construction, development, extension, enlargement and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, including but not necessarily, for the
864
JOURNAL OF THE HOUSE,
unpaid-for portions of those certain projects of the Board which were funded by appropri ations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not com pleted, through the issuance of not more than $12,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hun dred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $140,000 is specifically appropriated for the purpose of financing facilities for the Department of Technical and Adult Education by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, nec essary or useful in connection therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropriations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $1,400,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $4,750,000 is specifically appropriated for the pur pose of financing a program of Developmental Highways and four-lane and passing-lane construction for the Department of Transportation, by means of the acquisition, construc tion, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, including but not necessarily, for the unpaid-for portions of those certain projects of the Department which were funded by appropriations of the General Appropri ations Act for State Fiscal Year 1989-1990 and are not completed, through the issuance of not more than $47,500,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $7,726,000 is specifically appropriated for the pur pose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $77,260,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 79. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Coleman of the 118th moved that the House disagree to the Senate substitute to HB 284.
The motion prevailed.
The Speaker Pro Tern assumed the Chair.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:
WEDNESDAY, FEBRUARY 13, 1991
865
SB 103. By Senator Starr of the 44th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, so as to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equalization and shall constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal.
The following Committee substitute was read:
A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, so as to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equali zation and shall constitute the taxpayer's appeal to the county board of equalization with out the necessity of the taxpayer's filing any additional notice of appeal; to provide for appeal procedures; to provide for other matters relative thereto; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, is amended by striking paragraphs (1) through (3) of subsection (e) in their entirety and substituting in lieu thereof the following:
"(1) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization as to matters of tax ability, uniformity of assessment, and value, and, for residents, as to denials of home stead exemptions, in the manner provided in paragraph {3} (2) of this subsection.
(2) (A) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within the tkae provided fey tew 30 days from the date of mailing the notice pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, con tained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the val uation or decision in question, the board shall send a notice of the changes or correc tions to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors.
(B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof by certified mail retw receipt to the taxpayer and to the county board of equalization which notice shall also explain constitute the taxpayer's rifht te appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The taxpayer shall,
866
JOURNAL OF THE HOUSE,
witfiin ST cloys loiiowin fiis receipt or SUCH notice, institute sucn &ppe&l oy
tax assessors shall also send or deliver the notice ef appeal ad all necessary papers to the county board of equalization.
(C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatis fied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of equalization by sending a written notice of appeal to the county board of tax assessors. The county board of tax assessors shall send or deliver the notice of appeal and all necessary papers to the county board of equalization.
county Doftpo. T tftx flsses9ors witrim ov cloys irom trie uo.te ot infilling trie notice pursu* ctnt vQ \_/ode beetion 4o"0TMoU(5 of pflF&pflpn \) ^^ tins suosection. A notice OT &ppesi, m th ease ef a nonrcaidcnt ef the county, shaH be filed with the county board ef ta* aaacsSOPS witnin CTV dflys iPom trie infilling OT trie notice, os provident tft (_>ode oectioft 4o~0"oOo er paragraph {2} ef this subsection. Reserved."
Section 2. This Act shall become effective on July 1, 1991, and shall apply to an appeal from an assessment by a county board of tax assessors which is filed on or after that date.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Jackson of the 9th moves to amend the Committee substitute to SB 103 by striking from lines 1 through 13 of page 1 the following:
"To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, so as to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equal ization and shall constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal; to provide for appeal procedures; to provide for other matters relative thereto; to provide for an effective date and for applicability; to",
and inserting in its place the following:
"To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide that the filing of a certain real estate transfer tax form shall serve as a return of real prop erty for ad valorem tax purposes; to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equalization and shall constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal; to provide for appeal procedures; to provide for other matters relative thereto; to provide for effective dates and for applicability; to".
By striking from lines 16 through 21 of page 1 the following:
"Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, is amended by striking paragraphs (1) through (3) of subsection (e) in their entirety and substituting in lieu thereof the following:",
and inserting in its place the following:
WEDNESDAY, FEBRUARY 13, 1991
867
"Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by adding a new subsection at the end of Code Section 48-5-15, relating to returns of taxable real property, to be designated subsection (d), to read as follows:
'(d) The filing of a real estate transfer tax form in conjunction with the payment of the real estate transfer tax required under Article 1 of Chapter 6 of this title con taining the information otherwise required for a return of real property under this Code section shall serve as a return of such real property under this Code section.'
Section 2. Said chapter is further amended by striking paragraphs (1) through (3) of subsection (e) of Code Section 48-5-311, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, and inserting in their place new paragraphs (1) through (3) to read as follows:".
By striking from lines 3 through 6 of page 4 the following:
"Section 2. This Act shall become effective on July 1, 1991, and shall apply to an appeal from an assessment by a county board of tax assessors which is filed on or after that date.",
and inserting in its place the following:
"Section 3. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1991, and shall apply to an appeal from an assessment by a county board of tax assessors which is filed on or after that date.
(b) Section 1 of this Act and this section shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1991."
By striking from line 7 of page 4 the following:
"Section 3.",
and inserting in its place the following:
"Section 4.".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Atkins Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Y Clark,L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon,H
Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Elliott Y Felton
Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane.R
868
JOURNAL OF THE HOUSE,
Y Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock Y Padgett
Par ham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit
Y Pinholster Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell,C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper
Y Smith,L
Y Smith,P Y Smith.T
Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Y Stephens Y Streat Y Taylor Y Teper
Thomas.C
Y Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Williams,J Y Williams,R Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Education and referred to the Committee on Public Safety:
HB 562. By Representatives Twiggs of the 4th, Kilgore of the 42nd and Coleman of the 118th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to prescribed courses in elementary and secondary schools on the effects of alcohol, so as to change certain provisions regarding the respon sibility for the teaching of such alcohol and drug courses.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 439. By Representatives Watson of the 114th and Hamilton of the 124th:
A bill to amend Code Section 8-2-104 of the Official Code of Georgia Anno tated, relating to the employment of inspectors and inspection fees with respect to the inspection or operation of elevators, dumbwaiters, escalators, and moving walks, so as to provide that elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection shall be inspected at certain times and inspection fees and operating fees therefor shall be paid by a cer tain time.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 8-2-104 of the Official Code of Georgia Annotated, relating to the employment of inspectors and inspection fees with respect to the inspection or oper ation of elevators, dumbwaiters, escalators, and moving walks, so as to provide that eleva tors, dumbwaiters, escalators, manlifts, and moving walks subject to inspection shall be inspected at certain times and inspection fees and operating fees therefor shall be paid by a certain time; to provide civil penalties for the failure to inspect such equipment within a certain time period; to provide for interest payments on certain unpaid fees; to provide exceptions; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to authorize the Commissioner of Labor to issue orders for
WEDNESDAY, FEBRUARY 13, 1991
869
the cessation of the operation of a boiler or pressure vessel which has been determined to be hazardous or unsafe; to provide for the resumption of operations under certain con ditions; to provide that boilers and pressure vessels subject to inspection shall be inspected at certain times and inspection fees and operating certificate fees therefor shall be paid by a certain time; to provide civil penalties for the failure to inspect such boilers or pres sure vessels within a certain time period; to provide for interest payments on certain unpaid fees; to provide exceptions; to provide that inspections of boilers or pressure vessels by the chief inspector or his deputy inspector shall be subject to certain fees; to provide a limitation on certain fees; to provide for the disposition of fees; to provide that the owner or operator of a carnival ride subject to inspection shall be required to pay an inspection fee as prescribed in the rules and regulations of the Commissioner of Labor; to provide for the disposition of fees; to repeal certain other provisions relating to inspection fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 8-2-104 of the Official Code of Georgia Annotated, relating to the employment of inspectors and inspection fees with respect to the inspection or oper ation of elevators, dumbwaiters, escalators, and moving walks, is amended by striking sub section (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) (1) (A) The Commissioner shall by rules and regulations prescribe various inspection fees and operating permit fees necessary to enable the state and local enforcement authorities to carry out the provisions of this part. {2} (B) The owners and users of elevators, dumbwaiters, escalators, manlifts, and moving walks which are inspected by certified inspectors in private business or with private corporations shall be exempt from the payment to the state or local enforce ment authorities of the inspection fees provided in subparagraph (A) of paragraph (1) of this subsection. (2) Elevators, dumbwaiters, escalators, manlifts, and moving walks subject to oper
ating permit inspections by private inspectors shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a civil penalty of $500.00 for each elevator, dumbwaiter, escalator, manlift, or moving walk not inspected.
(3) Inspection fees due on elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection by the chief or deputy inspectors or operating permit fees due from inspections performed by private inspectors shall be paid within 60 calendar days of completion of such inspections. Inspection fees or operating fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any frac tion of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner.
(4) The Commission may waive the collection of the penalties and interest assessed in paragraphs (2) and (3) of this subsection when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the department."
Section 2. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by adding at the end of Code Section 34-11-15, relating to the filing and maintenance of special investigator's report under the "Boiler and Pres sure Vessel Safety Act," a new subsection (f) to read as follows:
"(f) The Commissioner or his authorized representative may issue a written order for the temporary cessation of operation of a boiler or pressure vessel if it has been deter mined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his authorized repre sentative."
Section 3. Said title is further amended by adding between Code Sections 34-11-15 and 34-11-16 in the "Boiler and Pressure Vessel Safety Act," a new Code Section 34-11-15.1 to read as follows:
870
JOURNAL OF THE HOUSE,
"34-11-15.1. (a) Boilers and pressure vessels subject to operating certificate inspec tions by special, or owner or user, inspectors shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calen dar day period shall result in a civil penalty of $500.00 for each boiler or pressure vessel not inspected.
(b) (1) Inspection fees due on boiler and pressure vessels subject to inspection by the chief or deputy inspectors or operating certificate fees due from inspections per formed by special, or owner or user, inspectors shall be paid within 60 calendar days of completion of such inspections.
(2) Inspection fees or operating certificate fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner. (c) The Commissioner may waive the collection of the penalties and interest assessed as provided in subsections (a) and (b) of this Code section when it is reasonably deter mined that the delays in inspection or payment were unavoidable or due to the action or inaction of the department."
Section 4. Said title is further amended by striking in its entirety Code Section 34-11-17, which is a reserved Code section under the "Boiler and Pressure Vessel Safety Act," and inserting in lieu thereof a new Code Section 34-11-17 to read as follows:
"34-11-17. Reserved. The owner or user of a boiler or pressure vessel required by this chapter to be inspected by the chief inspector or his deputy inspector shall pay directly to the chief inspector, upon completion of inspection, fees as prescribed in rules and reg ulations promulgated by the Commissioner; provided, however, that, with respect to pressure vessel certificates of inspection, such fees shall not exceed $10.00 per annum. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All funds so deposited in the state treasury are authorized to be appropriated by the General Assembly to the Commissioner of Labor."
Section 5. Said title is further amended by striking in /its entirety Code Section 34-13-5, relating to safety standards and regulations under the "Carnival Ride Safety Act," and inserting in lieu thereof a new Code Section 34-13-5 to read as follows:
"34-13-5. (a) The department, after consultation with the advisory board, shall for mulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all carnival rides. The standards and regulations shall be reasonable and based upon gener ally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' No rule, regulation, or standard promulgated or adopted pursuant to this chapter shall become effective prior to January 1, 1987.
(b) The department shall: (1) Enforce all standards and regulations; (2) License inspectors for authorization to inspect carnival rides; and (3) Issue permits upon compliance with this chapter and such standards and regu
lations adopted pursuant to this chapter. ; ad {4)--Establish a fee schedule for the issuance ef permits for carnival rides, provided
that the fee fer inspection of aH carnival rides shall be Re teas than 86 percent ef the actual eest ef the inspection. (c) The owner or operator of a carnival ride required to be inspected shall pay fees as prescribed in rules and regulations promulgated by the Commissioner. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All funds so deposited in the state treasury are authorized to be appropriated by the Gen eral Assembly to the Commissioner of Labor."
Section 6. Said title is further amended by striking in its entirety Code Section 34-13-8, relating to inspections under the "Carnival Ride Safety Act," and inserting in lieu
thereof a new Code Section 34-13-8 to read as follows:
WEDNESDAY, FEBRUARY 13, 1991
871
"34-13-8. All carnival rides and attractions shall be inspected annually and may be inspected more frequently by the Office of Safety Engineering of the department at the owner's or operator's expense. If the carnival ride meets all relevant provisions of this chapter and the standards and regulations adopted pursuant to this chapter, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new carnival rides shall be inspected before commencing public operation. The fee for dii sticii inspections OT sny cflfnivfii PIQC SJIQH oc no 1699 tnsn otr percent or tnc octufll eest ef each inspection."
Section 7. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Atkins Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty Y Carrel!
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Y Clark.L Y Coker Y Coleman
Y Colwell Connell
Y Culbreth Y Cummings,B
Cummings.M Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Elliott Felton Y Fennel
Y Floyd,J.M Y Floyd.J.W YFlynt
Y Godbee Y Golden Y Goodwin Y Green E Greene
Griffin
Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert
Y Hightower Y Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane.D Y Lane,R Y Langford
Y Lawrence Y Lawson
YLee YLong YLord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Parham
Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Y Pinkston YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T
Y Smith, W Y Smyre
YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend
Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker,L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder
Y Williams,B Williams,J
Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 182. By Representatives Dobbs of the 74th, Patten of the 149th, Porter of the 119th, Cheeks of the 89th, Breedlove of the 60th and others:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to solid waste management, so as to provide for limitations on the modification of permits to operate solid waste handling facilities.
The following Committee substitute was read and adopted:
872
JOURNAL OF THE HOUSE,
A BILL
To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide for limitations on the modification of permits to operate solid waste handling facilities; to provide for classifications of modifications; to provide for conditions and requirements; to provide for certain verification prior to certain modifications; to provide for applicability; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, is amended by striking subsections (e) and (g) of Code Section 12-8-24, relating to solid waste handling and operating permits, and inserting in their place new subsections (e) and (g), respectively, to read as follows:
"(e) The director may amend, suspend, modify, or revoke any permit issued pursuant to this Code section if the holder of the permit is found to be in violation of any of the permit conditions t any order of the director, or fails to perform solid waste handling in accordance with this part or rules promulgated under this part. The director may modify any permit issued pursuant to this Code section in accordance with rules promulgated by the board. All modifications of existing permits shall be classified by the board as either major or minor modifications. Prior to the granting of any major modifi cation of an existing solid waste handling permit by the director, public notice and a hearing in accordance with the provisions of subsection (d) of this Code section shall be conducted by the permittee. All modifications of existing permits to allow for vertical or horizontal expansions of existing solid waste disposal facilities shall be classified as major permit modifications. Except as otherwise provided in this part, major modifica tions shall meet the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director; provided, however, that all applications for vertical expansion of existing solid waste disposal facilities received by the director on or before December 31, 1990, shall be allowed no longer than 24 months from the date of the commencement of the permitted vertical expansion unless it is demonstrated to the director in the application or during this period of time that the solid waste disposal facility as vertically expanded meets the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director. Any operation of a vertical expansion during this time period shall be in accordance with conditions set forth by the director in the modified permit. Any owner or operator of a site which does not demonstrate compliance with such standards within such period shall prepare a final closure plan and cease accept ance of waste no later than the end of such period. In the event that the director deter mines that no such demonstration of compliance has been made by the owner or operator, he shall notify the owner or operator of such determination and may order the owner or operator to cease accepting waste and prepare a final closure plan prior to the end of such period."
"(g) Prior to the issuance of any permit for a solid waste handling facility or the granting of any major modification of an existing solid waste handling permit, the direc tor shall require written verification to be furnished by the applicant that the proposed facility complies with local zoning or land use ordinances, if any; and after July 1, 1992, that the proposed facility is consistent with the local or regional solid waste management plan developed in accordance with standards promulgated pursuant to this part subject to the provisions of Code Section 12-8-31.1 and that the host jurisdiction and the juris diction generating solid waste destined for the applicants' facility can demonstrate that they are actively involved in and have a strategy for meeting the state-wide goal of waste reduction by July 1, 1996."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
WEDNESDAY, FEBRUARY 13, 1991
873
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams N Aiken
Alford Y Atkins
Baker Balkcom
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown N Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers N Clark,E N Clark,H
Y Clark,L N Coker Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings.B Cummings,M
Y Davis.G Y Davis.M Y Dixon,H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee
Y Golden Y Goodwin
Y Green E Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Banner N Harris,B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Y Holmes Howard
Y Hudson Ylrwin Y Jackson Y Jamieson N Jenkins Y Jones Y Kilgore YKing Y Kingston N Klein YLadd Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson YLee YLong YLord
Y Lucas Lupton
YMann Y Martin YMcCoy Y McKelvey Y McKinney,B N McKinney.C Y Meadows
Merritt YMilam
Y Mills
Y Mobley Moody
Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter YPoston Y Powell,A Y Powell,C Y Purcell
YRandall YRay Y Reaves Y Redding Y Ricketson
Y Royal Y Selman Y Sherrill
N Simpson N Sinkfield Y Skipper Y Smith,L
Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S N Stanley Y Stephens
Streat Y Taylor
Teper
Y Thomas.C Thomas.M
Y Thomas,N Thurmond
Y Titus
Y Tolbert Townsend Turnquest
Y Twiggs Y Valenti N Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts Y White N Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 143, nays 16.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Thomas of the 31st stated that she had been called from the floor of
the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.
HB 582. By Representative Smyre of the 92nd:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to exemptions from the "Nonpublic Postsecondary Edu cational Institutions Act of 1990," so as to exempt certain nonpublic medical schools from the application of such Act.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Y Aiken
Alford Y Atkins Y Baker
Balkcom
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown N Brush YBuck
Y Buckner YByrd Y Campbell Y Canty
Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E
874
JOURNAL OF THE HOUSE,
Y Clark.H Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis,M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn
Y Edwards Elliott
N Felton Fennel
Y Floyd,J.M Y FloydJ.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green
E Greene Y Griffin
Y Groover Y Hamilton
Y Hammond Y Manner Y Harris.B Y Harris.J
Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Howard
Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas
Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham
Parrish Y Patten Y Pelote
Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell.A Y Powell.C
Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L
Y Smith,? Smith.T
Y Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil.S
Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 155, nays 2. The Bill, having received the requisite constitutional majority, was passed.
HB 224. By Representatives Pettit of the 19th, Holmes of the 28th and Dunn of the 73rd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of real estate brokers and salespersons, so as to revise certain educational requirements for real estate licenses; to revise the qualifications for the issuance of real estate licenses to nonresidents who are licensed in another state.
The following Committee substitute was read:
A BILL
To amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to revise certain educational requirements for real estate licensees; to revise certain qualifications for a broker's or associate broker's license; to revise the qualifications for the issuance of real estate licenses to nonresidents who are licensed in another state; to authorize the Georgia Real Estate Commission to enter into agreements with similar licensing authorities in other states; to provide for the revocation of a real estate license which is the subject of an investigation of the commission and is surrendered or allowed to lapse; to provide for hearings; to pro vide for the revocation of school or instructor approval of licensees; to provide the condi tions under which a licensee who has been released from a broker may engage in business activities for another broker; to authorize the commission to revoke a real estate broker's license and simultaneously issue such person a salesperson's license; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, is amended by striking Code Sec tion 43-40-8, relating to the qualifications of real estate licensees, in its entirety and insert ing in its place a new Code Section 43-40-8 to read as follows:
WEDNESDAY, FEBRUARY 13, 1991
875
"43-40-8. (a) In order to qualify for a salesperson's license,, an applicant must: (1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied
with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Furnish evidence of completion of at least 60 75 in-class hours in a
salesperson's course or courses of study approved by the commission; and (5) Stand and pass a real estate examination administered by or approved by the
commission covering generally the matters confronting real estate brokers and salespersons after completing at least 30 hews ef- the requirements of paragraph (4) of this subsection. Failure to meet any of these requirements shall be grounds for denial of license without a hearing. (b) In order to qualify for a broker or associate broker's license, an applicant must:
(1) Have attained the age of 21 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Have served actively for three years as a licensed salesperson; (5) Furnish evidence of completion of 60 in-class hours in a broker's course of study approved by the commission; and (6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers ad salespersons after completing the requirements of paragraph (5) of this subsection and after serving at least two years of active licensure. Failure to meet any of the requirements shall be grounds for denial of license without a hearing. (c) Upon being issued an original salesperson's license, each salesperson shall be required to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study of at least 30 25 in-class hours approved by the commission. As a part of satisfactory completion of this course, the licensee must stand and pass an examination covering the subject matter contained in the course. The commission, in its discretion, may approve an examination prepared by and adminis tered by the school offering the course or may prepare and administer an examination itself. The license of any salesperson who fails to complete satisfactorily in a timely manner the course provided for in this subsection shall lapse, and the salesperson's wall certificate of licensure and pocket card shall immediately be surrendered to the commis sion. Any salesperson whose license lapses for failure to complete satisfactorily this course may reinstate the license in the following manner: (1) Any salesperson who has enrolled in the course within one year of the issuance of an original license, has paid all required fees for the course, and:
(A) Has not completed all in-class sessions, or required exercises, or examina tions;
(B) Produces a medical doctor's certification of incapacitation which caused the licensee to be unable to complete all in-class sessions and the examination; or
(C) Has not completed the course or the examination due to cancellation of the course by the approved school
may reinstate the license by completing the course within six months of the lapsing of the license.
(2) Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection must qualify as an original applicant by passing a new examina tion as required in subsection (a) of this Code section and must complete the Sales ffl coarse 25 in-class hours of instruction approved by the commission before making application to reinstate such license.
\Q) .oxcepi tnosc inQividuoJ.8 flctivciy licenseQ ft wflnusry 17 ifou, 6flcn spp11cflnt ror renewal ef a license ast ftJsh te the commission before renewing a license evidence ef satisfactorily completing a continuing education eetifse or courses approved by the
876
JOURNAL OF THE HOUSE,
The length ef the eearse er courses taken by licensees te meet this require 1
me In Or COtttiriUin^J CuUCQvlOU OlUSt tOt&l ftt ICflSt tUfCC ilOUFS I Of CftCil yeflF Or CtlC
renewal peried established by the commission. The commission shall net require the
pftSSH) Or flft OXftininftt1OH TO HWJC* tfllS FCQUlFGIttCRt. OOn1111U1H CdUCfttlOn COUTSCS Will
be provided by aB educational e* dtriy authorized instructional organizations teaching real estate licensing courses. Ne licensee whose license has been placed en inactive status shall be allowed te reactivate unless the provisions of this subsection and subsection 4g) ef Code Section 43 40' 12 are efe Each applicant for renewal of a license must furnish to the commission evidence of having satisfactorily completed a continuing education course or courses approved by the commission. The length of the course or courses taken by a licensee to meet the requirement of continuing education must total at least six hours for each year of the renewal period established by the commission.
(e) Instructors in all of the approved courses must be approved by the commission and, where the commission deems necessary, receive any special instruction the commis sion may require.
(f) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of this chapter.
(g) The commission may prepare and distribute to licensees under this chapter edu cational material deemed of assistance in the conduct of their business.
(h) The commission, through its rules and regulations, shall may establish standards for the offering by correspondence ef aH er any pertien of the prelicense education courses required by this Code section chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction. The commission, through its rules and regulations, may establish standards for the offering of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction."
Section 2. Said chapter is further amended by striking Code Section 43-40-9, relating to nonresident real estate licenses, in its entirety and inserting in its place a new Code Section 43-40-9 to read as follows:
"43-40-9. (a) A nonresident making application for a nonresident license muat com ply with this Code section. Nonresidents A nonresident holding a license on June 30r 1087 July lj 1991, shall not be required to meet the prelicense education and examinatien requirements of this Code section in order to continue to hold a license after that date unless they aHew such nonresident allows that license to lapse or apply applies for a different type of license that requires passing a different qualifying examination.
\v)----A nonPGS1dent Or tnlS Stflte QlCLy i&e ^FflRtCd ft 11CGH9C Upon IUCCtlH^ tflC 86) CQU"
cation, and examination rcquircmcnto as prescribed by the commission in Code Section
{e)--A nonresident license ay net be granted te a individual unless that individual is affiliated with a resident er nonresident broker. If a nonresident licensee terminates the affiliation with a terete- licensed by the commission, the license ef- stteh nonresident
dutoino.ticftlly o tcFCftmftcGCr unless sucri ROMCSIUQITC pi&ccs trie license oft msctivc f fliIiiifttes witft uiot/fier DroKer licensed wy trie comiftission witnin x4 Qsys. JNO
license snciii oe issued to sny memDCPj orxicep^ independent contrflc*ot, cmpioycCj or partner ef a nonresident partnership e* corporation until said partnership er corporation Quciliries tof ft Droicftr s license* A nonresidcnv cofporfltioft must oDtflin I'Fon^ trie isecreTM taty ef State a certificate ef authority te transact business in this state.
{4)--At the time ef filing an application for examination, a nonresident applicant must cause the licensing bedy ef the applicant's resident state er territory te furnish te the commission a certification ef liccnsurc and eepies ef the records ef any disciplinary actions taken against the applicant's license in that er ether states.
{e)--The imposition ef a disciplinary aetien by any ether lawful licensing authority may be ground fer denial ef a tieense te a nonresident er fer suspension er revocation ef a license issued te a nonresident.
WEDNESDAY, FEBRUARY 13, 1991
877
\tf--' .FHOF tO tile ISSUftnCO Or ft 11CCH9C TO ft iflOnFCS1tent, tne AppilCflnt Sflftll I11C Wltn
the commiaaion a designation writing that appointo the commissioner te act as the
such licensee may be served. Service apen the commissiener shall be equivalent te personfti service upon me licensee, oopies a sucn Appointment^ certified oy tiie commis~
with the same force and effect as the original thereof might be admitted, fa seh written tion, *ne licensee snftu &Fce tnAt Any JAWIUI process n^joinst trie licensee winen
is served apen the commissiener shall be of the same legal force and validity as if served upon tiie licensee ADO. tftfl* tfte AUtnofity snftii 'Continue m IOFCC >so long fts Any 11Ability FemAins outswindin m tnis suite T^pon tne receipt of Any sucn process OF notice, comm138loner snftii inlinediAtely m&ir ft copy of tne sftme oy ceptiiieci msii to tfte* l fcnewn buaincao address ef the licensee.
to tne issu&ncc or ft HOGuse to ft nonrestuent licenseej tne ftppncflnt agree m writing te cooperate with any investigation initiated in accordance with Code Section 48-40 27 by promptly supplying any documents any authorized investigator ef the commission may request and by personally appearing at the commission's effiees er otnef lOCfttion IR oeoF^i& ss tne commission s investi^utor mtiy FeQucst> IT tnc commis~ sien sends a notice te produce documents er te appear for n interview with n authorissed investigator ef the commission by certified matt te the last fcnewn business address ef a nonresident licensee and the nonresident licensee fatts te comply with that request, the commission may impose en the nonresident licensee any disciplinary sanction per-
1.-. 4-lni,, ,,!- -.-^ ,._ fc^j U1I9 ^>lld|JLL/l
!Fhe Keense ef a resident ef this state whose residency is removed frea this state AUtomfiticciily we tefminAteci uu orcicr to conduct orotceFQgc ousincss in tnis stutc, saeh an individual mast meet the requirements ef this Code section, except that, tf seh Hidividufll flppiies tor ft nonresident s license witnin one yeflF 01 pcmovfli 01 residency frem tiris state, the prclicense education and examination requirements ef Code Seetien 48-40-8 shatt be waived. \i/--JN otwitnstflndin^ flny other provision ot tnis oodc section, tne commission ftnd simiidF 11censing Autnopitics of otner stfttes msy enter tnto written Q^Feements wmcn
Blission deems tne eouctxtion snd ex&minAtion rcQuiFemcnts of snowier stftte to De SUDTM atantially equivalent te the rcquircmenta ef this chapter and its ries nd regulations. However, applicants for nonresident liccnaurc must pass an examination covering the provisions ef this chapter and ether real estate principles the commiaaion deems appropriate fer nonresidents.
(b) The commission may grant a license to a nonresident of this state who is not licensed in such nonresident's state of residence if that applicant meets the age, educa tion, and examination requirements prescribed in Code Section 43-40-8.
(c) In order to be licensed in this state, nonresidents who are licensed in another state must:
(1) Show satisfactory proof of current licensure in the applicant's state of resi dence;
(2) Pay any required fees; (3) Sign a statement which states that the applicant has read this chapter and its rules and regulations and agrees to abide by its provisions in all brokerage activity in this state; (4) Affiliate with a resident or nonresident broker if the applicant is an individual salesperson or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall auto matically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 14 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership or corporation until said partnership or corporation qual ifies for a broker's license. A nonresident corporation must obtain from the proper agency and maintain a certificate of authority to transact business in this state;
878
JOURNAL OF THE HOUSE,
(5) Cause the licensing body of the applicant's state of residence to furnish to the commission a certification of licensure and copies of the records of any disciplinary actions taken against the applicant's license in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of license to a nonresident or for suspension or revocation of a license issued to a non resident;
(6) File with the commission a designation in writing that appoints the real estate commissioner to act as the licensee's agent, upon whom all judicial and other process or legal notices directed to such licensee may be served. Service upon the real estate commissioner shall be equivalent to personal service upon the licensee. Copies of such appointment, certified by the real estate commissioner, shall be deemed sufficient evi dence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted. In such written designation, the licensee shall agree that any lawful process against the licensee which is served upon the real estate commissioner shall be of the same legal force and validity as if served upon the licensee, and that authority shall continue in force so long as any liability remains out standing in this state. Upon the receipt of any such process or notice, the real estate commissioner shall immediately mail a copy of the same by certified mail to the last known business address of the licensee; and
(7) Agree in writing to cooperate with any investigation initiated by the commis sion by promptly supplying any documents any authorized investigator of the commis sion may request and by personally appearing at the commission's offices or other location in this state as the commission's investigator may request. If the commission sends a notice to produce documents or to appear for an interview with an authorized investigator of the commission by certified mail to the last known business address of a nonresident licensee and the nonresident licensee fails to comply with that request, the commission may impose on the nonresident licensee any disciplinary sanction per mitted bjr this law. (d) The commission in its discretion may enter into written agreements with similar licensing authorities of other states as may be necessitated by those states' laws to assure for Georgia licensees nonresident licensure opportunities comparable to those afforded to nonresidents by this Code section. <j) (e) Notwithstanding any other provision of this Code section, a licensed broker of another state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the outof-state broker has and maintains an active license in the out-of-state broker's state of residence. For purposes of this subsection, a 'licensed broker of another state' means the licensed broker and other brokers or salespersons licensed under such broker. The licensed Georgia broker and the licensed broker of another state must enter into a sepa rate agreement for each transaction in which they become involved. The Georgia broker shall maintain for at least three years a copy of any written agreement into which such Georgia broker enters with a licensed broker of another state. Each written agreement shall provide:
(1) For procedures to be followed in the event of the out-of-state broker's perform ing any of the acts of a broker on real property located in Georgia;
(2) How the brokers will divide any earned commissions;
(3) That any listing or property management agreement for Georgia real property in which the out-of-state broker will participate shall be in the name of the Georgia broker;
(4) That the out-of-state broker shall conduct negotiations with any client of a Georgia broker only with the express permission of the Georgia broker;
(5) That any advertisement by any means of Georgia real property shall identify the listing Georgia broker;
(6) That any contracts, agreements, or offers on Georgia real property shall clearly identify the Georgia broker and the out-of-state broker with the statement that the
WEDNESDAY, FEBRUARY 13, 1991
879
out-of-state broker is not licensed by the Georgia Real Estate Commission^ and that said contract, agreement, or offer shall be construed under Georgia Iaw2 and that the superior courts of this state shall have jurisdiction over any actions which may be brought against either broker as a result of such contract, agreement, or offer;
(7) That any trust funds obtained in any transaction involving any real property in Georgia by an out-of-state broker shall be held in the trust account of the Georgia broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and
(8) Such other matters as the commission may require by rule and regulation. {k-} (f) Whenever an out-of-state broker operating under a written agreement per mitted by subsection <j) ^e) of this Code section violates any provision of this chapter, for such violation by the out-of-state broker the commission shall be limited to suspend ing or revoking the Georgia broker's right to enter into such written agreements with out-of-state brokers unless the Georgia broker participated in or ratified the violation of the out-of-state broker or failed to include in such written agreement all provisions required by subsection <j) (e) of this Code section and the commission's rules and regu lations. $} (g) As used in this Code section, the term 'state' means any state, district, terri tory, possession, or province of the United States or Canada."
Section 3. Said chapter is further amended by striking subsections (f) and (g) of Code Section 43-40-12, relating to real estate license fees generally, and inserting in their respective places new subsections (f) and (g) to read as follows:
"(f) Any licensee whose license lapses for failure to pay a renewal fee may reinstate that license within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee. If any licensee who has passed an exami nation administered by or approved by the commission allows a license to lapse for a period longer than two years and less than ten years due solely to a failure to pay a renewal fee, the licensee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee and by successfully completing any educa tional course or courses which the commission may require. Any licensee whose license
nftS iQpSCQ rOf 1OH6F tflftR tWO yCflFS ftHCi WflO PC 1W91fl163 n UHQ.6F tilC tCPIUS Of t13 8UrJTM
section snflii incPCQ.Itct DC sU'Djcct t0 tnc continuing CQucfttion rctjuiremcuts or SUDSBC* tiea {d} ef Code Section 43-40 8. Any licensee whose license has lapsed for longer than ten years for failure to pay a renewal fee and who seeks to reinstate that license must meet the education and examination requirements for that license as set forth in aubacc tie* {a} ef {b> ef Code Section 43-40-8.
(g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 14 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an inactive status may not engage in the real estate brokerage business except in connec tion with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker must secure the signature of the broker for whom the licensee wishes to act; and a broker must make application to the commission prior to resuming brokerage activity. Any individual licensee who seeks to activate a license which has been on inactive status for a period of two years or longer shall be required to attend a commission approved course of study prior to activating an inactive license. The course of study shall consist of a commission approved education course or courses totaling at least three six hours for each year the license was on inactive status."
Section 4. Said chapter is further amended by striking subsection (g) of Code Sec tion 43-40-15, relating to the granting, revocation, or suspension of real estate licenses, in its entirety and inserting in its place a new subsection (g) to read as follows:
"(g) H a licensee Whenever the commission initiates an investigation as permitted by Code Section 43-40-27 to determine whether a licensee has violated any provision of this chapter or its rules and regulations and such licensee has:
880
JOURNAL OF THE HOUSE,
(1) Voluntarily Surrendered or voluntarily surrenders his the license to the com mission;
(2) Allows his Allowed or allows the license to lapse due to failure to meet educa tional requirements provided by law; or
(3) Allows his Allowed or allows the license to lapse due to failure to pay any required fees then if such surrender or lapsing takes place after the commission has filed a notice of hearing alleging that such licensee has violated any provision of this chapter or its rules and regulations, but before the commission enters a final order in the matter, then upon submission of a new application by such licensee the matters asserted in the notice of hearing shall be deemed admitted and may be used by the commission as grounds for refusal of a new license to such licensee. If such surrender or lapsing takes place prior to the commission's filing of a notice of hearing, but after the commission initiates an investigation as permitted by Code Section 43-40-27, then the commission may issue an order revoking such licensee's license. Such order of revocation shall be final ten days after it is issued unless the licensee named in the order requests a hearing before the commission. If such licensee requests a hearing, the commission shall file a notice of hearing and provide a hearing for such licensee in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
Section 5. Said chapter is further amended by adding at the end of Code Section 43-40-15, relating to the granting, revocation, or suspension of real estate licenses, a new subsection (j) to read as follows:
"(j) Whenever the commission revokes or suspends the license of a salesperson, an associate broker, or a broker, then any school or instructor approval which such licensee holds shall also be revoked or suspended. Whenever a licensee surrenders a real estate license as provided for in subsection (g) of this Code section, any school or instructor approval which such licensee holds shall also be subject to the provisions of subsection (g) of this Code section."
Section 6. Said chapter is further amended by striking subsection (b) of Code Sec tion 43-40-19, relating to changes of a real estate broker's place of business, in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) When an affiliated licensee leaves a broker for whom such licensee is acting, the broker shall immediately cause the license of that licensee to be forwarded either to the commission or to the new broker for whom the licensee will act. If the wall certificate of licensure is forwarded to the new broker for whom the licensee will act, the broker releasing the licensee shall notify the commission in writing of that action. The releasing broker shall furnish such other information regarding the termination of said licensee as the commission may require. Any licensee whose license is released by a broker shall not engage in the activities of a real estate licensee until the licensee:
(1) Personally delivers to the commission a commission approved application to transfer such licensee's license to a new broker or has the United States Postal Service postmark a letter containing such an application; or
(2) Receives from the commission a wall certificate of licensure authorizing the licensee to serve as the broker of a sole proprietorship or the qualifying broker of a corporation or partnership."
Section 7. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 43-40-25, relating to violations by real estate licensees, schools, and instructors generally, and inserting in its place new introductory language to read as follows:
"(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke the license of a real estate bro ker or qualifying broker and simultaneously issue such licensee a salesperson's license; to revoke or suspend approval of any school or instructor; to impose a fine not to exceed
WEDNESDAY, FEBRUARY 13, 1991
881
$1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $2,000.00 in any one hearing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appro priate whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, includ ing, but not limited to, the following:"
Section 8. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1991.
(b) Sections 1 and 3 of this Act shall become effective on January 1, 1992.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Jackson of the 9th and Barnett of the 10th move to amend the Com mittee substitute to HB 224 as follows:
By deleting on line 6 page 5 "a" and by adding before the word "license" the word "an active".
The following amendments were read and lost:
Representative Pettit of the 19th moves to amend the Committee substitute to HB 224 by adding a new sentence beginning on line 12, page 5 to read as follows:
"The Commission shall not require the passing of an examination to meet this requirement. Members of the General Assembly and its officers who hold real estate licenses may elect to meet this requirement by counting their hours of work on legisla tion related to real estate matters before the General Assembly."
Representative Redding of the 50th moves to amend the Committee substitute to HB 224 by striking from line 11 of page 5 the following:
"six",
and inserting in lieu thereof the following: "three".
The following amendment was read:
Representatives Childers of the 15th, et al. move to amend the House Industry Com mittee substitute to HB 224 by striking lines 23 through 34 of page 4 and lines 1 through 12 of page 5 and inserting in lieu thereof the following:
"(d) Except those individuals actively licensed on January 1, 1980, each applicant for renewal of a license must furnish to the commission before renewing a license evidence of satisfactorily completing a continuing education course or courses approved by the commission. The length of the course or courses taken by licensees to meet this require ment of continuing education must total at least three hours for each year of the renewal period established by the commission. The commission shall not require the passing of an examination to meet this requirement. Continuing education courses will be provided by all educational or duly authorized instructional organizations teaching
882
JOURNAL OF THE HOUSE,
real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met."
The following amendment was read and adopted:
Representative Jackson of the 9th moves to amend the Committee substitute to HB 224 as follows:
Amending the Childers amendment by deleting on line 8 the word "a" and adding before the word "license" the words "an active".
On the adoption of the Childers amendment, as amended by the Jackson amendment, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams N Aiken
Alford Y Atkins N Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M N Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick N Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck N Buckner
NByrd N Campbell
Y Canty Y Carrell N Carter
Chafin N Chambless Y Cheeks Y Childers Y Clark.E N Clark,H
Y Clark.L N Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G N Davis.M Y Dixon.H
Dixon,S N Dobbs Y Dover N Dunn Y Edwards
Elliott N Felton
Fennel N Floyd.J.M Y Floyd,J.W NFlynt Y Godbee N Golden Y Goodwin Y Green E Greene Y Griffin N Groover
Hamilton N Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson
N Herbert Y Hightbwer
Y Holland N Holmes
Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins N Jones N Kilgore YKing N Kingston Y Klein
NLadd Y Lane.D Y Lane.R Y Langford N Lawrence Y Lawson
NLee Long
YLord Y Lucas
Lupton N Mann Y Martin
Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C N Oliver.M YOrr Y Orrock Y Padgett
Parham Y Parrish
Patten Y Pelote Y Perry N Pettit N Pinholster
Pinkston YPoag N Porter Y Poston
Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman N Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L
On the adoption of the amendment, the ayes were 109, nays 44. The amendment was adopted.
N Smith,? Y Smith.T Y Smith, W
Smyre YSnow N Stancil,F N Stancil,S Y Stanley Y Stephens Y Streat N Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus N Tolbert
Townsend Turnquest Y Twiggs Y Valenti N Vaughan Y Walker,J Y Walker.L N Wall Y Ware N Watson Y Watts Y White N Wilder N Williams.B Williams,J Y Williams.R Y Yeargin Murphy.Spkr
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron
Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong
WEDNESDAY, FEBRUARY 13, 1991
883
N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown N Brush
YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Y Carter YChafin
Y Chambless N Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings,B Cummings,M
Y Davis,G Y Davis,M Y Dixon.H Y Dixon.S
YDobbs Y Dover
Dunn
Y Edwards Elliott
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt YGodbee Y Golden Y Goodwin Y Green E Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson N Irwin Y Jackson
Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane.D YLane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Y Lucas Lupton
YMann Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock
Y Padgett Parham
Y Parrish Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P Y Smith.T Y Smith,W
Smyre YSnow
Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware
Y Watson Y Watts
Y White Y Wilder
Y Williams.B Williams,J
Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 158, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 298. By Representative Streat of the 139th:
A resolution honoring Paul William Elliott and inviting him to appear before the House of Representatives.
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.
884
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Thursday, February 14, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Robert M. Hoffmann, Pastor, First Baptist Church, Thomaston, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 714. By Representative Martin of the 26th: A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in criminal proceedings, so as to provide that no statement or report of a witness for the prosecution need be produced until that witness has testified on direct examination.
Referred to the Committee on Special Judiciary.
HB 715. By Representative Martin of the 26th: A bill to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to creditable service under the Employees' Retirement System of Georgia, so as to provide for creditable service for cer tain out-of-state service.
Referred to the Committee on Retirement.
THURSDAY, FEBRUARY 14, 1991
885
HB 716. By Representative Martin of the 26th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, and Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide that certain procedures of the Department of Human Resources and Board of Human Resources will conform to Chap ter 13 of Title 50, the "Georgia Administrative Procedure Act".
Referred to the Committee on Health & Ecology.
HB 717. By Representative Martin of the 26th:
A bill to amend Code Section 47-2-1 of the Official Code of Georgia Anno tated, relating to definitions applicable to the Employees' Retirement System of Georgia, so as to change the provisions relating to the definition of "mem ber"; to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to authorize certain members of the Employees' Retirement System of Georgia to transfer to the Teachers Retirement System of Georgia.
Referred to the Committee on Retirement.
HB 718. By Representative Martin of the 26th:
A bill to repeal an Act approved April 17, 1963, providing for a chief judge of the Superior Court of the Atlanta Judicial Circuit.
Referred to the Committee on Special Judiciary.
HB 719. By Representatives Childers of the 15th, McKelvey of the 15th, Bordeaux of the 122nd, Watts of the 41st, Smyre of the 92nd and others:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the conditions of employment of certain persons employed by local boards of education, so as to provide that employees other than teachers, principals, and other certifi cated professional personnel may be employed pursuant to a written con tract.
Referred to the Committee on Education.
HB 720. By Representatives Lawson of the 9th and Lord of the 107th:
A bill to amend Code Section 9-11-12 of the Official Code of Georgia Anno tated, relating to answer, defenses, and objections in civil proceedings, so as to provide that an application for a stay of proceedings pursuant to the fed eral Soldiers' and Sailors' Civil Relief Act of 1940 shall not constitute an appearance for any purpose of a civil proceeding.
Referred to the Committee on Judiciary.
HB 721. By Representative Lawson of the 9th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions applicable to torts, so as to define certain terms; to provide for a cause of action for professional medical malpractice.
Referred to the Committee on Judiciary.
886
JOURNAL OF THE HOUSE,
HB 722. By Representatives Abernathy of the 39th and Martin of the 26th:
A bill to repeal an Act amending an Act entitled "An Act to provide a uni form county commissioners law for such counties as may require a commis sion form of county government", which amendatory Act provided that in all counties in Georgia having a population of 200,000 or more by the last United States census or any future United States census there shall be cre ated the office of county manager.
Referred to the Committee on State Planning & Community Affairs.
HB 723. By Representative Teper of the 46th:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to define certain terms; to provide that no person shall store or dispose of certain radioactive waste except in certain facilities.
Referred to the Committee on Natural Resources & Environment.
HB 724. By Representatives Selman of the 32nd, Lane of the 27th, McKinney of the 35th, Felton of the 22nd, Hightower of the 36th and others:
A bill to amend an Act providing in Fulton County a system of the Board of Education of Fulton County, so as to provide for a semiannual adjustment of retirement or pension benefits for certain teachers and employees.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 725. By Representatives Abernathy of the 39th and Martin of the 26th: A bill to create the office of county manager of Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 726. By Representative Abernathy of the 39th: A bill to create the office of county manager of Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 727. By Representatives Cheeks of the 89th, Murphy of the 18th, Watson of the 114th, Watts of the 41st, Edwards of the 112th and others:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks purchased with state funds shall remain the property of each local unit of administration to establish policies for the proper care and protection of its textbooks and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit.
Referred to the Committee on Education.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
THURSDAY, FEBRUARY 14, 1991
887
HB 728. By Representatives Lucas of the 102nd, Green of the 106th, McKelvey of the 15th, Davis of the 29th, Long of the 142nd and others:
A bill to regulate the use and nonuse of legal agricultural products; to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public health and morals, so as to change certain provisions relating to smoking in public places.
Referred to the Committee on Human Relations & Aging.
HB 739. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Article 1 of Chapter 9 of Title 14 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Revised Uniform Limited Partnership Act, so as to change the provisions relating to indemnification of partners and other persons.
Referred to the Committee on Judiciary.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 677 HB 678 HB 679 HB 680 HB 681 HB 682 HB 683 HB 684 HB 685 HB 686 HB 687 HB 688 HB 689 HB 690 HB 691 HB 692 HB 693 HB 694 HB 695 HB 696 HB 697 HB 698 HB 699 HB 700 HB 701 HB 702 HB 703 HB 704 HB 705
HB 706 HB 707 HB 708 HB 709 HB 710 HB 711 HB 712 HB 713 HR 283 HR 284 HR 285 HR 286 HR 288 HR 289 HR 290 HR 291 SB 100 SB 126 SB 150 SB 178 SB 183 SB 190 SB 196 SB 202 SB 220 SB 222 SB 252 SB 257 SB 258
Representative Coleman of the 118th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. Speaker:
888
JOURNAL OF THE HOUSE,
Your Committee on Appropriations has had under consideration the following Resolu tions of the House and has instructed me to report the same back to the House with the
following recommendations:
HR 32 Do Pass HR 18 Do Pass HR 40 Do Pass
HR 42 Do Pass, as Amended HR 107 Do Pass HR 109 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
Chairman
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 275 Do Pass, by Substitute HB 546 Do Pass HB 576 Do Pass
HR 189 Do Pass HB 315 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the Sen ate and has instructed me to report the same back to the House with the following recom mendation:
SB 189 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 663 Do Pass HB 664 Do Pass
HB 665 Do Pass HB 667 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
THURSDAY, FEBRUARY 14, 1991
889
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 14, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 21st Legislative Day as enu merated below:
HB 14 Voting; Booth for Handicapped Persons; Designation HB 233 Ad Valorem Tax; Property From State/Federal Law; Restrictions HB 293 Revolving Account; Delinquent Charges; Amount HB 329 Adm. Procedure; Contested Cases; Licensees' Review of Info. HB 335 Georgia Public Revenue Code; Revise Georgia Tax Provisions HB 338 Corporate Income Taxes; Time of Payment HB 351 Certified Public Accountant; Educational Requirements HB 379 Certain County Offenders; Home Arrest Program HB 380 Certain County Inmates; Work Release Programs HB 483 Sup. Ct. Judges Ret. Sys.; Certain Postretirement Benefits HB 547 Child Support Provisions; Amend Code (Postponed)
HR 155 J. Carrell Larmore Probation; Detention Center; Designate HR 255 State Arboretum of Ga.; Designate Certain Forest of UGA
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:
HB 663. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd, Barnett of the 59th, Jackson of the 9th and others:
A bill to provide for the determination of the millage rate by the governing authorities of Gwinnett County and the Gwinnett County School District.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 664. By Representatives Wall of the 61st, Breedlove of the 60th, Goodwin of the 63rd, Barnett of the 59th, Jackson of the 9th and others:
A bill to amend the Gwinnett County Recreation Authority Act, so as to pro vide for the determination of the millage rate for the Gwinnett County Recreation Authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
890
JOURNAL OF THE HOUSE,
HB 665. By Representatives Hamilton of the 124th, Merritt of the 123rd, Bordeaux of the 122nd, Pelote of the 127th, Mueller of the 126th and others:
A bill to amend an Act entitled "To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah," so as to provide for residency requirements for the Mayor and Aldermen of the City of Savannah.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 667. By Representative Meadows of the 91st:
A bill to amend an Act incorporating the Town of Gay in Meriwether County, so as to provide for the appointment of a mayor pro tempore.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 110. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide that the offense of insurance fraud shall be a felony offense; to provide for the notification of law enforce ment agencies by insurers when such insurer has knowledge of a fraudulent insurance act which has not been reported to a law enforcement agency.
SB 143. By Senator Ramsey of the 54th:
A bill to amend Code Section 31-9-2 of the Official Code of Georgia Anno tated, relating to persons authorized to consent to surgical or medical treat ment, so as to change which persons are authorized to consent to surgical or medical treatment.
SB 154. By Senator Johnson of the 47th:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Anno tated, relating to the requirements for finding an insurable interest for pur poses of obtaining personal insurance, so as to clarify the intent of the law that any corporation, foreign or domestic, shall have an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries.
THURSDAY, FEBRUARY 14, 1991
891
SB 210. By Senator Edge of the 28th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide criteria for determining the best interest of the child or children.
SB 235. By Senator Olmstead of the 26th:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Anno tated, relating to the Department of Human Resources, so as to provide for the actions by the department with respect to certain violations by any agency, facility, institution, or entity subject to regulation by the department under Chapters 7, 13, 22, and 23 of Title 31 of Chapter 5 of Title 49; to pro vide for exceptions.
HB 117. By Representatives Walker of the 115th, Groover of the 99th and Bostick of the 138th:
A bill to amend Code Section 34-9-100 of the Official Code of Georgia Anno tated, relating to procedure for filing claims with the State Board of Work ers' Compensation, so as to provide that any claim or notice required to be filed with such board shall be deemed to be filed upon actual receipt by the board or upon the date such claim or notice was mailed by certified or regis tered mail.
HB 174. By Representative Reaves of the 147th:
A bill to amend Chapter 4 of Title 4 of the Official Code of Georgia Anno tated, relating to prevention and control of disease in livestock, so as to pro vide for injunctions in connection with bovine diseases and swine mycobacteriosis and the practices and procedures connected therewith.
HB 177. By Representative Reaves of the 147th:
A bill to amend Code Section 10-2-5 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Commissioner of Agriculture relating to weights and measures, so as to delete certain provisions relating to packaged commodities.
HB 256. By Representative Reaves of the 147th:
A bill to amend Article 2 of Chapter 2 of Title 10 of the Official Code of Georgia Annotated, relating to certified public weighers, so as to repeal the provisions of Code Section 10-2-44, relating to surety bonds of certified pub lic weighers; to amend Code Section 10-2-50, relating to weighing leaf tobacco and livestock, so as to correct a reference.
HB 536. By Representative Purcell of the 129th:
A bill to amend an Act creating the State Court of Effingham County, as amended, so as to change the salary of the judge and solicitor of said court.
HB 549. By Representatives Dixon of the 128th, Pelote of the 127th, Bordeaux of the 122nd, Mueller of the 126th, Kingston of the 125th and others:
A bill to amend an Act creating a new charter for the City of Garden City, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
892
JOURNAL OF THE HOUSE,
HB 583. By Representative Smith of the 78th:
A bill to amend an Act creating the Board of Commissioners of Butts County, so as to revise and change certain provisions requiring quarterly publication of an itemized statement of receipts and disbursements.
HB 585. By Representative Smith of the 78th:
A bill to amend an act abolishing the present method of compensating the clerk of the Superior Court of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the compensation for said officer.
HB 587. By Representative Smith of the 78th:
A bill to amend an Act abolishing the present method of compensating the tax commissioner of Butts County known as the fee system and providing in lieu thereof an annual salary, so as to change the compensation of the tax commissioner.
HB 592. By Representatives Flynt of the 75th and Herbert of the 76th:
A bill to amend an Act creating the Griffin-Spalding County School System and the Griffin-Spalding County Board of Education, so as to change the compensation of the members of the Griffin-Spalding County Board of Edu cation.
HB 593. By Representatives Flynt of the 75th and Adams of the 79th:
A bill to amend an Act providing a homestead exemption from Pike County School District ad valorem taxation for certain residents who are age 62 or over, so as to increase the amount of the exemption; to increase the amount of the maximum gross annual income for eligibility.
HB 595. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to provide a method of compensating the members of the Board of Education of Hall County.
HB 597. By Representatives Lane of the lllth and Godbee of the 110th:
A bill to amend an Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, define their duties, and for other purposes.", so as to change the compensation of the chairman and the other members of the board of commissioners of Screven County.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:
HB 145. By Representatives Ware of the 77th, Dunn of the 73rd, Groover of the 99th, Griffin of the 6th, Ricketson of the 82nd and others:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of rates, underwriting rules, and related orga nizations, and Chapter 34 of Title 33 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Accident Reparations Act," so as to relocate and redesignate certain provisions granting premium dis counts to defensive drivers or drivers who are honor students.
THURSDAY, FEBRUARY 14, 1991
893
HB 167. By Representatives Thomas of the 69th, Pettit of the 19th and Groover of the 99th:
A bill to amend the O.C.G.A., so as to correct typographical, stylistic, capital ization, punctuation, and other errors and omissions in the O.C.G.A and in Acts of the General Assembly amending the O.C.G.A.
HB 215. By Representatives Thomas of the 69th, Chambless of the 133rd and Groover of the 99th:
A bill to amend Chapter 5 of Title 15 of the Official Code of Georgia Anno tated, relating to the administration of courts of record, so as to permanently create the Georgia Courts Automation Commission.
HB 274. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Patten of the 149th, Poston of the 2nd and others:
A bill to amend Code Section 12-2-2 of the Official Code of Georgia Anno tated, relating to general matters relating to the Environmental Protection Division of the Department of Natural Resources, so as to provide for the appointment and removal of the director of such division; to create an Envi ronmental Advisory Council.
The Senate insists on its substitute to the following Bill of the House:
HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1990-1991.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 110. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide that the offense of insurance fraud shall be a felony offense; to provide for the notification of law enforce ment agencies by insurers when such insurer has knowledge of a fraudulent insurance act which has not been reported to a law enforcement agency.
Referred to the Committee on Judiciary.
SB 143. By Senator Ramsey of the 54th:
A bill to amend Code Section 31-9-2 of the Official Code of Georgia Anno tated, relating to persons authorized to consent to surgical or medical treat ment, so as to change which persons are authorized to consent to surgical or medical treatment.
Referred to the Committee on Judiciary.
894
JOURNAL OF THE HOUSE,
SB 154. By Senator Johnson of the 47th:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Anno tated, relating to the requirements for finding an insurable interest for pur poses of obtaining personal insurance, so as to clarify the intent of the law that any corporation, foreign or domestic, shall have an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries.
Referred to the Committee on Insurance.
SB 210. By Senator Edge of the 28th:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to child custody proceedings in general, so as to provide criteria for determining the best interest of the child or children.
Referred to the Committee on Special Judiciary.
SB 235. By Senator Olmstead of the 26th:
A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Anno tated, relating to the Department of Human Resources, so as to provide for the actions by the department with respect to certain violations by any agency, facility, institution, or entity subject to regulation by the department under Chapters 7, 13, 22, and 23 of Title 31 of Chapter 5 of Title 49; to pro vide for exceptions.
Referred to the Committee on Human Relations & Aging.
The following Resolution of the House was read:
HR 299. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Connell of the 87th and Lee of the 72nd
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly shall adjourn at 5:00 P.M. on Friday, February 15, 1991, and shall recon vene on Monday, February 18, 1991.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on February 18 may be as ordered by the Senate; and the hour for convening the House on February 18 may be as ordered by the House.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Brown
Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks
Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M
Davis.G Y Davis.M Y Dixon.H
Dixon,S Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Fennel
THURSDAY, FEBRUARY 14, 1991
895
Y Floyd,J.M Y Floyd.J.W
Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing
Y Kingston Y Klein
YLadd Y Lane,D
Y Lane,R Y Langford Y Lawrence
Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A
Y Powell,C Y Purcell Y Randall YRay
Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P
Smith.T Y Smith, W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J Y Walker.L Y Wall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 155, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:
HR 225. By Representatives Buck of the 95th, Stancil of the 66th, Lane of the lllth, Stephens of the 68th and Thurmond of the 67th:
A resolution designating the Thompson Mills Forest of the University of Georgia as the State Arboretum of Georgia.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams
Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Barfoot Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Breedlove Brooks Y Brown Y Brush YBuck
Buckner
YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H Y Clark,L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn
Y Edwards Y Elliott
Y Felton Fennel
Y Floyd,J.M Y Floyd,J.W
Flynt Godbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris.J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard
Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C
Y Meadows Merritt
Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Parham
Y Parrish
896
JOURNAL OF THE HOUSE,
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y Powell,A Y Powell.C YPurcell
Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith.W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley
Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 157, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
HB 14. By Representative Lane of the 27th:
A bill to amend Code Section 21-2-470 of the Official Code of Georgia Anno tated, relating to procedures in precincts using vote recorders for obtaining ballot cards, recording votes thereon, and depositing ballot cards to conform to procedures prescribed for paper ballots with respect to elections and pri maries generally, so as to provide that the superintendent shall modify a vot ing booth in each precinct or make paper ballots available for certain handicapped electors and shall provide sufficient accommodations to permit such handicapped electors to vote in private.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 116, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Representative Brooks of the 34th stated that he would like to be recorded as voting "aye" on the preceding Bill.
HB 483. By Representatives Cummings of the 17th and Floyd of the 135th:
A bill to amend Code Section 47-9-76 of the Official Code of Georgia Anno tated, relating to postretirement cost-of-living benefit adjustments for mem bers of the Superior Court Judges Retirement System, so as to provide for voluntary withdrawal from eligibility for such adjustments.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
Representative Stephens of the 68th stated that he would like to be recorded as voting "aye" on the preceding Bill.
Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
THURSDAY, FEBRUARY 14, 1991
897
Your Committee on Natural Resources and Environment has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 558 Do Pass, as Amended SB 96 Do Pass
HB 616 Do Pass SB 196 Do Pass
Respectfully submitted, /s/ Patten of the 149th
Chairman
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 351. By Representative Watson of the 114th:
A bill to amend Code Section 43-3-6 of the Official Code of Georgia Anno tated, relating to requirements for the certificate of "certified public accoun tant," so as to change the educational requirements.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 379. By Representatives Jackson of the 9th, Colwell of the 4th and Orr of the 9th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions relative to penal institutions, so as to provide for home arrest programs for certain county offenders.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 380. By Representatives Jackson of the 9th, Colwell of the 4th and Orr of the 9th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions relative to penal institutions, so as to provide for work release programs for certain county inmates.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Kilgore of the 42nd District, Chairman of the Committee on Educa tion, submitted the following report:
Mr. Speaker:
898
JOURNAL OF THE HOUSE,
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 589 Do Pass, by Substitute
Respectfully submitted, Is/ Kilgore of the 42nd
Chairman
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 293. By Representatives Watson of the 114th and Byrd of the 153rd:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Anno tated, relating to the provision for payment of delinquency charges with respect to retail installment contracts and the provision for attorneys' fees, court costs, and check dishonor fees with respect to retail installment con tracts and revolving accounts, so as to provide for the amount of such charges.
The following Committee substitute was read:
A BILL
To amend Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges with respect to retail installment con tracts and the provision for attorneys' fees, court costs, and check dishonor fees with respect to retail installment contracts and revolving accounts, so as to provide that a revolving account may provide for delinquency charges; to provide for the amount of such charges; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 10-1-7 of the Official Code of Georgia Annotated, relating to the provision for payment of delinquency charges with respect to retail installment con tracts and the provision for attorneys' fees, court costs, and check dishonor fees with respect to retail installment contracts and revolving accounts, is amended by striking sub section (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as fol lows:
"(a) A retail installment contract or a revolving account may provide for payment by the buyer of a delinquency charge on any installment which is not paid within ten days from the date the payment is due. Such charge may not exceed 5 percent of the install ment or $5.00, whichever is less greater. A delinquent charge shall not be collected more than once for the same default. A retail installment contract or a revolving account may provide for the payment of reasonable attorneys' fees, if referred for collection to an attorney not a salaried employee of the retail seller, and for the payment of court costs."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Byrd of the 153rd, et al. move to amend the Committee substitute to HB 293 as follows:
By striking from lines 23 and 24 page 1 the following:
THURSDAY, FEBRUARY 14, 1991
899
"5 percent of the installment or $5.00, whichever is greater" and inserting in lieu thereof "$5.00".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken Y Alford
Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers
Clark.E Clark,H
Y Clark,L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliott
Felton Fennel
Y Floyd,J.M Y Floyd.J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover
Hamilton
Y Hammond Hanner
Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Y Irwin
Jackson Y Jamieson
Jenkins
Y Jones Y Kilgore YKing Y Kingston
Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence
Lawson YLee YLong
Lord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Merritt Y Milam
Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
Orr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote
Y Perry Pettit
Y Pinholster Pinkston
YPoag Y Porter
Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper
Smith.L
Y Smith.P Y Smith.T Y Smith,W
Smyre Y Snow
Stancil.F
Y StanciLS Stanley
Y Stephens
Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Vaughan Y Walker,J Y Walker.L Y Wall
Ware
Y Watson Y Watts
White Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Representatives Atkins of the 21st, Clark of the 20th (Post 4), Clark of the 20th (Post 3), Vaughan of the 20th and Wilder of the 21st stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 329. By Representatives Porter of the 119th and Thomas of the 69th:
A bill to amend Code Section 50-13-18 of the Official Code of Georgia Anno tated, relating to procedural requirements under the "Georgia Administrative Procedure Act" for licensing, so as to provide licenses review of certain infor mation possessed by an agency prior to a license hearing.
The following Committee substitute was read:
900
JOURNAL OF THE HOUSE,
A BILL
To amend Code Section 50-13-18 of the Official Code of Georgia Annotated, relating to procedural requirements under the "Georgia Administrative Procedure Act" for licens ing, so as to provide licensees review of certain information possessed by an agency prior to a license hearing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 50-13-18 of the Official Code of Georgia Annotated, relat ing to procedural requirements under the "Georgia Administrative Procedure Act" for licensing, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) (1) In contested cases which could result in the revocation, suspension, or limi tation of a license, when a licensee makes a general or specific request for exculpatory, favorable, or arguably favorable information that is relative to pending allegations con cerning a license, an agency must furnish the requested information, indicate that no such information exists, or refuse to furnish the information requested prior to a hear ing. An agency shall not be required to release information which is made confidential by state or federal law. Until such requested information has been determined to be exculpatory, favorable, or arguably favorable pursuant to the in camera procedure specified in paragraph (2) of this subsection.
(2) Once an agency has furnished exculpatory, favorable, or arguably favorable information, has indicated that no such information exists, or has refused to furnish such information, the licensee may request a prehearing in camera inspection of the remainder of the investigative file by the person or persons presiding over the hearing. Such person or persons shall furnish the licensee with all material that would aid in the licensee's defense that is exculpatory, favorable, or arguably favorable. Such per son or persons shall seal a copy of the entire investigative file in order to preserve it in the event of an appeal."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Thomas of the 69th moves to amend the Committee substitute to HB 329 as follows:
By striking the period on line 24, and inserting a comma in lieu thereof.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration:
HB 547. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to amend various provisions of such title relating to child support and enforcement of the duty of support by the Department of Human Resources.
THURSDAY, FEBRUARY 14, 1991
901
By unanimous consent, the House reconsidered its action in having adopted, on Feb ruary 13, 1991, the Coleman amendment to HB 547.
The Coleman amendment was withdrawn.
The following amendments were read and adopted:
Representatives Chambless of the 133rd and Dobbs of the 74th move to amend HB 547 as follows:
By adding on page 3 between lines 6 and 7 the following:
"In all cases the results shall be made known to all parties at interest as soon as avail able."
Representative Coleman of the 118th moves to amend HB 547 as follows: On page one line 14 between "laws;" and "and" add: "to provide for repeal of same;", and on page 4 between lines 17 and 18 add: "Section 7. This Act shall stand repealed on July 1, 1992." and redesignating "Section 7" on page 4 line 18 as "Section 8".
Chambless of the 133rd and Groover of the 99th move to amend HB 547 as follows:
By striking Code Section 19-11-9.1, on pages 3 and 4, in its entirety and inserting in its place a new Code Section 19-11-9.1 to read as follows:
"19-11-9.1. Any state or local agency or private employer of this state, upon the request of the department, shall provide the department with information regarding the name, address, and social security number of a person owing or allegedly owing an obliga tion of support for a dependent child. In addition to the preceding information, if the case involves a person receiving public assistance, the employer shall also provide information regarding earnings. The department upon receipt of this information may make it availa ble only to the appropriate officials or agency of this state or any other state operating a program pursuant to Title IV-D of the federal Social Security Act."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:
HR 155. By Representative Oliver of the 53rd: A resolution designating the J. Carrell Larmore Probation Detention Center.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
902
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 103, nays 2. The Resolution, having received the requisite constitutional majority, was adopted.
HB 233. By Representatives Dixon of the 151st, Dover of the llth, Walker of the 115th, Smith of the 156th and Coleman of the 118th:
A bill to amend Code Section 48-5-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the ad valorem taxation of prop erty, so as to provide that restrictions or limitations on the use of land resulting from state or federal law or rules or regulations adopted pursuant thereto shall be considered in determining fair market value.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 335. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 338. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 4 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to payment of income taxes, so as to change the time of payment with respect to corporations.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
THURSDAY, FEBRUARY 14, 1991
903
HB 554 Do Pass, by Substitute HB 575 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:
HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1990-1991.
Representative Walker of the 115th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 284 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Coleman of the 118th, Walker of the 115th and Buck of the 95th.
By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on State Institutions and Property:
SB 183. By Senators Garner of the 30th and Olmstead of the 26th:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for the solicitation of sealed bids where the anticipated purchase is in excess of $10,000.00; to provide for advertisement in a newspaper of state-wide circula tion when the anticipated purchase will exceed $50,000.00; to provide that any official who willfully makes purchases in violation of this Act shall be liable for the cost thereof; to provide an effective date.
The following Resolutions of the House were read and adopted:
HR 300. By Representatives Mann of the 6th, Griffin of the 6th and Poag of the 3rd:
A resolution expressing support for the men and women of Whitfield County and the City of Dalton serving in Operation Desert Storm and their families.
HR 301. By Representative Green of the 106th: A resolution paying tribute to Columbus Hogan.
HR 302. By Representatives Holland of the 136th and Hanner of the 131st:
A resolution expressing support for the men and women of Lee County serving in Operation Desert Storm and their families.
904
JOURNAL OF THE HOUSE,
HR 303. By Representative Floyd of the 154th: A resolution commending Mr. Raymond Gross.
HR 304. By Representatives Dunn of the 73rd and Smith of the 78th:
A resolution expressing support for the men and women of Henry County serving in Operation Desert Storm and their families.
HR 305. By Representative Oliver of the 121st: A resolution commending Trooper First Class Johnny E. Kennedy.
HR 306. By Representative Carter of the 146th: A resolution commending the Nashville Woman's Club.
HR 307. By Representative Carter of the 146th: A resolution commending Mrs. Janet Studstill.
HR 308. By Representative White of the 132nd: A resolution congratulating Joe M. Snead.
HR 309. By Representative Adams of the 79th:
A resolution commending Sergeant Robert Peters of the State Army Area Command Headquarters of the Georgia Army National Guard.
HR 310. By Representatives White of the 132nd and Cummings of the 134th: A resolution commending the Boys Choir of Harlem.
HR 311. By Representatives White of the 132nd, Chambless of the 133rd and Cummings of the 134th:
A resolution commend Dr. Carolyn E. Clive.
HR 312. By Representatives White of the 132nd and Cummings of the 134th: A resolution commending the Albany Chapter of The Links Inc.
HR 313. By Representatives Poston of the 2nd and Poag of the 3rd:
A resolution expressing support for the men and women of Catoosa County serving in Operation Desert Storm and their families.
HR 314. By Representatives Green of the 106th and Stephens of the 68th:
A resolution commending the volunteer efforts to clean up A. H. Stephens Park.
HR 315. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th, Balkcom of the 140th, Murphy of the 18th and others:
A resolution expressing sympathy at the passing of William Spencer "Billy" Lee, III.
THURSDAY, FEBRUARY 14, 1991
905
Representative Lord of the 107th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Bills and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 48 Do Pass SB 112 Do Pass SR 31 Do Pass
SR 56 Do Pass SR 133 Do Pass
Respectfully submitted, /s/ Lord of the 107th
Chairman
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 295 Do Pass, by Substitute HB 465 Do Pass HB 514 Do Pass
SB 39 Do Pass, by Substitute SB 82 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 114th
Chairman
Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 128 Do Pass, by Substitute HB 642 Do Pass, by Substitute HB 343 Do Pass, by Substitute
Respectfully submitted, /s/ Ware of the 77th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
906
JOURNAL OF THE HOUSE,
HB 12 Do Pass, by Substitute HB 213 Do Pass, by Substitute HB 417 Do Pass HB 529 Do Pass HB 560 Do Pass
HB 569 Do Pass SB 41 Do Pass, by Substitute HB 478 Do Pass, by Substitute HB 674 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 375 Do Pass HB 232 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
Chairman
Representative Benefield of the 72nd District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 526 Do Pass HR 14 Do Pass
HR 285 Do Pass, by Substitute SR 98 Do Pass
Respectfully submitted, /s/ Benefield of the 72nd
Chairman
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 182. By Senator Garner of the 30th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Anno tated, relating to regulation of fire and other hazards, so as to require that nursing homes be equipped with certain sprinkler systems.
THURSDAY, FEBRUARY 14, 1991
907
SB 212. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and others:
A bill to amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the reporting of abuse or exploitation of resi dents in long-term care facilities, so as to change the provisions relating to immunity from liability; to change the provision relating to confidentiality; to provide for legislative intent and for rules to prevent certain conflicts or loss of funds.
The Senate adheres to its substitute and has appointed a Committee of Conference on the following Bill of the House:
HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1990-1991.
The President has appointed on the part of the Senate the following: Senators Johnson of the 47th, Deal of the 49th and Garner of the 30th.
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
908
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Friday, February 15, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Mark A. Leuthold, Pastor, Northside Independent Method ist, Church, Atlanta, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 729. By Representatives Orr of the 9th, Walker of the 115th, Groover of the 99th, Oliver of the 53rd and Lawson of the 9th: A bill to amend Code Section 9-11-30 of the Official Code of Georgia Anno tated, relating to depositions upon oral examination, so as to provide for dep ositions by telephone.
Referred to the Committee on Judiciary.
HB 730. By Representatives Selman of the 32nd, Abernathy of the 39th, Lane of the 27th, Felton of the 22nd, Campbell of the 23rd and others: A bill to provide that each resident of the Fulton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within the homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educational purposes on the full value of such person's homestead owned and occupied by such person as a residence.
Referred to the Committee on State Planning & Community Affairs - Local.
FRIDAY, FEBRUARY 15, 1991
909
HB 731. By Representatives Royal of the 144th, Greene of the 130th, Skipper of the 116th and Harris of the 84th:
A bill to amend Code Section 42-4-31 of the Official Code of Georgia Anno tated, relating to safety measures required of persons in charge of certain detention facilities, so as to provide that certain municipal detention facili ties shall be authorized to utilize a full-time dispatcher as a full-time jailer under certain conditions.
Referred to the Committee on State Institutions & Property.
HB 732. By Representative Lord of the 107th:
A bill to reconstitute the Board of Education of Washington County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 733. By Representatives Lord of the 107th and Parrish of the 109th:
A bill to provide for the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Johnson County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 734. By Representatives Cummings of the 17th, Floyd of the 135th and Alford of the 57th:
A bill to amend Chapter 1 of Title 47 of the Official Code of Georgia Anno tated, relating to general provisions applicable to public retirement and pen sion systems, so as to provide that certain public employees who are temporarily disabled shall be eligible to obtain creditable service under their respective retirement systems for service lost during the temporary disability subject to certain limitations.
Referred to the Committee on Retirement.
HB 735. By Representatives Dunn of the 73rd and Walker of the 115th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance companies that write automobile insurance policies shall offer complete coverage for repair or replacement of certain damaged safety equipment without regard to any deductible or mini mum amount.
Referred to the Committee on Insurance.
HB 736. By Representative Branch of the 137th:
A bill to amend an Act creating a Board of Commissioners of Ben Hill County, so as to change the composition of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 737. By Representative Branch of the 137th:
A bill to provide that the school superintendent of the Ben Hill County School District shall be appointed by the board of education rather than elected.
Referred to the Committee on State Planning & Community Affairs - Local.
910
JOURNAL OF THE HOUSE,
HB 738. By Representatives Redding of the 50th, Childers of the 15th, Sinkfield of the 37th, Orrock of the 30th, Martin of the 26th and others:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965", so as to change certain provisions regarding appointment of fact finders, binding interest arbitration, and resolution of wage issue disputes.
Referred to the Committee on State Planning & Community Affairs.
HB 740. By Representatives Mueller of the 126th, Bordeaux of the 122nd, Pelote of the 127th, Kingston of the 125th, Dixon of the 128th and others:
A bill to amend an Act providing that the Board of Public Education for the City of Savannah and County of Chatham shall be elected by the voters of Chatham County, so as to change the provisions regarding the filling of vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 741. By Representatives Brown of the 88th, McKinney of the 35th, Thomas of the 55th and Howard of the 85th:
A bill to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health, so as to provide for notifica tion of certain public school personnel by the Department of Human Resources or the local board of health if a student is diagnosed as having an infectious or communicable disease.
Referred to the Committee on Health & Ecology.
HB 742. By Representative Adams of the 79th:
A bill to amend Code Section 47-2-262 of the Official Code of Georgia Anno tated, relating to membership in the Employees' Retirement System of Geor gia of assistant district attorneys and employees of the Prosecuting Attorneys' Council, so as to provide that any such person who was so employed on June 30, 1979, may elect to become a member of such retire ment system not later than October 1, 1992.
Referred to the Committee on Retirement.
HB 743. By Representatives Perry of the 5th, Dobbs of the 74th, Teper of the 46th, Griffin of the 6th, Poston of the 2nd and others:
A bill to amend Chapter 13 of Title 12 of the Official Code of Georgia Anno tated, known as the "Georgia Underground Storage Tank Act," so as to change the definition of "underground storage tank"; to change the provi sions relating to interest earned on the corpus of the Underground Storage Tank Trust Fund and the use of such interest.
Referred to the Committee on Natural Resources & Environment.
HB 744. By Representative Hamilton of the 124th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide for the approval of pilot projects to allow decategorization of funds for local units of administration or schools engaged in such projects; to provide criteria for pilot projects; to provide for review of pilot projects.
Referred to the Committee on Education.
FRIDAY, FEBRUARY 15, 1991
911
HB 745. By Representatives Green of the 106th, Ricketson of the 82nd, Parrish of the 109th, Reaves of the 147th, Davis of the 45th and others:
A bill to amend Code Section 27-3-1, relating to the requirement of permis sion to hunt on lands of another, so as to provide for marking of property lines of the property posted against hunting.
Referred to the Committee on Game, Fish & Parks.
HB 746. By Representative Floyd of the 154th:
A bill to amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions applicable to seafood, so as to change the penalty for violation of certain provisions.
Referred to the Committee on Game, Fish & Parks.
HB 747. By Representatives Mann of the 6th, Stancil of the 8th, Beatty of the 12th, Pinholster of the 8th, Elliott of the 103rd and others:
A bill to amend Chapter 3 of Title 1 of the Official Code of Georgia Anno tated, relating to laws and statutes, so as to provide that no law shall be enacted regulating the cost of any good or service provided by any business unless such cost has risen at a rate exceeding the rate of increase of the state budget.
Referred to the Committee on Industry.
HB 748. By Representative Hudson of the 117th:
A bill to amend Code Section 12-5-130 of the Official Code of Georgia Anno tated, relating to the expiration and renewal of licenses of water well contrac tors, so as to provide circumstances under which an examination shall not be required to renew an expired license.
Referred to the Committee on Natural Resources & Environment.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the com mittees:
HB 749. By Representative Aiken of the 21st:
A bill to amend Code Section 43-10-18 of the Official Code of Georgia Anno tated, relating to home beauty shops, so as to provide that a person may operate a beauty shop in a mobile home or van if such person meets and complies with all of the provisions of Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists.
Referred to the Committee on Health & Ecology.
HB 750. By Representative Lane of the 27th:
A bill to amend Code Section 48-13-5 of the Official Code of Georgia Anno tated, relating to the levy of license, occupation, or professional tax by coun ties and municipalities only at a practitioner's principal office, so as to provide that such limitation shall apply to utility contracting, conditioned air contracting, and low-voltage contracting.
Referred to the Committee on State Planning & Community Affairs.
912
JOURNAL OF THE HOUSE,
HB 751. By Representatives Pinkston of the 100th and Twiggs of the 4th:
A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Anno tated, relating to general provisions concerning law enforcement officers and agencies, so as to require law enforcement officers to operate the flashing or revolving blue light and siren on a law enforcement vehicle when such vehicle is exceeding the speed limit by more than ten miles per hour.
Referred to the Committee on Public Safety.
HB 752. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating a board of elections and registration for Catoosa County, so as to change the provisions relating to qualifications of members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 753. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, so as to change the provisions relating to selection of the members of the board and their terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 754. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend an Act providing a new charter for the City of Mount Zion in Carroll County, so as to provide for the corporate limits of the city and the inclusion of certain territory therein.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 755. By Representatives Orr of the 9th and Poston of the 2nd:
A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions concerning the Department of Natural Resources, so as to remove from such department the objective and duty to promote the development of commerce and industry.
Referred to the Committee on Natural Resources & Environment.
HB 756. By Representative Dunn of the 73rd:
A bill to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulation for distribution and sale of wine, so as to allow farm wineries to sell their wine in bond to other farm wineries.
Referred to the Committee on Regulated Beverages.
HB 757. By Representatives Coleman of the 118th, Walker of the 115th, Watson of the 114th, Watts of the 41st, Barfoot of the 120th and others:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to create the Georgia Science & Technology Commission as an instrumentality of the state.
Referred to the Committee on University System of Georgia.
FRIDAY, FEBRUARY 15, 1991
913
HB 758. By Representatives Thomas of the 69th and Chambless of the 133rd:
A bill to amend Article 6 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to peer review groups, so as to redefine the term "review organization" as used in such article; to change the provisions relat ing to confidentiality of a review organization's records.
Referred to the Committee on Judiciary.
HB 759. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act placing the clerk of the Superior Court of Rabun County on an annual salary, so as to change the compensation of the clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 317. By Representative Watson of the 114th:
A resolution directing the House Industry Committee to create a special Public Utilities' Promotional Practices Study Subcommittee.
Referred to the Committee on Industry.
HR 318. By Representatives Walker of the 115th, Ray of the 98th, Groover of the 99th, Murphy of the 18th and Lee of the 72nd:
A resolution designating the John T. McKenzie Bridge.
Referred to the Committee on Transportation.
By unanimous consent, the following Bills of the House and Senate were read the sec ond time:
HB 714 HB 715 HB 716 HB 717
HUHBKB 77a12y90 HB 721 HB 722 HB 723 HB 724
HB 725 HB 726 HB 727 HB 728
SHoBpB 71"3in9 bB 143 SB 154 SB 210 SB 235
Representative Lucas of the 102nd District, Chairman of the Committee on Human Relations & Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the fol lowing Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 186 Do Pass
Respectfully submitted, /s/ Lucas of the 102nd
Chairman
914
JOURNAL OF THE HOUSE,
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House nd Senate and has instructed me to report the same back to the House with the following recommendations:
HB 544 Do Pass HB 682 Do Pass HB 684 Do Pass HB 685 Do Pass
HB 686 Do Pass HB 688 Do Pass SB 64 Do Pass, as Amended
Respectfully submitted, /a/ Lane of the 27th
Chairman
Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 412 Do Pass, by Substitute HB 420 Do Pass, by Substitute HB 266 Do Pass
HB 340 Do Pass HB 333 Do Pass
Respectfully submitted, /s/ Dover of the llth
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR FRIDAY, FEBRUARY 15, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enu merated below:
HB 97 Deeds to Secure Debt; Cancellation; Time Limit HB 343 Workers' Comp.; Self-Insurers; Certain Authorization to Participate HB 350 Telephone Service; 976 Billings; Suspension HB 387 Guaranteed Arrest Bond Certificate; Increase Amount HB 389 Personal Care Homes; Contested Licenses; Hearing Officer HB 399 Georgia Child Care Council; Create HB 526 Highways; Certain Pavement Marker; Prohibition HB 560 Act Defining Incorrigible Child; Change Eff. Date to 7/1/92 HB 589 Education; Teacher Cert.; Transfer to Professional Standards Comm. HB 657 MARTA; Operating Costs; Use Certain Interest Income HB 658 MARTA; Annual Report; Filing, Public Notice, Etc. HB 674 Property; Public Road Purpose; Wetland Mitigation
HR 189 Enhance Medicaid Program; Urge Georgia Congressional Delegation
FRIDAY, FEBRUARY 15, 1991
915
SR 94 Wayne County; Grant Easement SR 96 Chatham County; Convey Property
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 544. By Representative Martin of the 26th:
A bill to provide for the creation of one or more community improvement districts in the City of Atlanta, Georgia.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 682. By Representative Perry of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and the solicitor of said court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 684. By Representatives Redding of the 50th, Oliver of the 53rd, Teper of the 46th, Thomas of the 55th, Baker of the 51st and others:
A bill to amend an Act creating and establishing the Recorder's Court of DeKalb County, so as to change the penalties which may be imposed by such court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 685. By Representatives Bates of the 141st and Long of the 142nd:
A bill to amend an Act creating the State Court of Decatur County (formerly the Civil and Criminal Court of Decatur County), so as to change the com pensation provision relating to the judge of said court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
916
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 686. By Representative Langford of the 7th:
A bill to amend an Act creating a new charter for the City of Fairmount, so as to repeal the provisions relating to the veto power of the mayor; to change the provisions relating to the municipal court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 688. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend an Act creating the Rome-Floyd County Commission on Children and Youth, so as to provide for an additional position on such com mission.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 64. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the compensation of the mayor and aldermen of said city.
The following amendment was read and adopted:
The Committee on State Planning & Community Affairs moves to amend SB 64 as follows:
On Page 1, line 15, delete the figure "$650.00" and insert in lieu thereof the figure "$525.00".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
FRIDAY, FEBRUARY 15, 1991
917
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 104. By Senator Kidd of the 25th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish goals for the at-risk children and youth in the State of Georgia; to provide for applicability; to provide for strategy and utilization of resources; to provide for services for families with problems; to provide for statements of policy by state agencies and other entities.
SB 105. By Senator Kidd of the 25th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Georgia Children and Youth Overview Committee; to provide for members, officers, duties, functions, powers, authority, compensation, appointments, and vacancies; to provide for funds; to provide for matters relative to the foregoing; to provide for an effective date.
SB 123. By Senator Thompson of the 33rd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to change definitions; to redefine child welfare agency; to change the provisions relating to approval and inspections of family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by child welfare agencies; to authorize periodic, in lieu of annual, reports from child welfare agencies.
SB 191. By Senator Starr of the 44th:
A bill to amend Code Section 40-5-56 of the Official Code of Georgia Anno tated, relating to suspension of a driver's license for failure to respond to citation, so as to provide for suspension of a driver's license for failure to timely pay a fine ordered by the sentence of a court of competent jurisdic tion; to provide an effective date.
HB 3. By Representative Childers of the 15th:
A bill to amend Code Section 43-11-73 of the Official Code of Georgia Anno tated, relating to renewal of licenses to practice dental hygiene, so as to pro vide for continuing education requirements.
HB 4. By Representative Childers of the 15th:
A bill to amend Article 3 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dental hygienists, so as to provide for tempo rary licenses.
HB 33. By Representative Cummings of the 17th:
A bill to amend Article 4 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to procedures controlling retirement bills in the General Assembly under the "Public Retirement Systems Standards Law," so as to require certification by the state auditor as a condition precedent to the introduction of any retirement bill, including a retirement bill having a fiscal impact.
918
JOURNAL OF THE HOUSE,
HB 34. By Representative Cummings of the 17th:
A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions of the "Public Retirement Systems Standards Law," so as to provide that a certain amend ment to the law authorizing boards of trustees of retirement or pension sys tems to increase benefits to offset wholly or partially the taxation of such benefits under Georgia income tax laws shall not be subject to the said "Pub lic Retirement Systems Standards Law".
HB 35. By Representative Cummings of the 17th:
A bill to amend Code Section 47-1-30 of the Official Code of Georgia Anno tated, relating to the authority of boards of trustees of public retirement sys tems to increase benefits to offset wholly or partially the taxation of benefits under Georgia income tax laws, so as to provide that the authority granted by said Code section shall apply to both present and future retirees and ben eficiaries.
HB 40. By Representative Cummings of the 17th:
A bill to amend Code Section 47-2-141 of the Official Code of Georgia Anno tated, relating to employer contributions made to the Employees' Retirement System of Georgia on behalf of members while in the armed forces under certain conditions, so as to provide that such employer contributions shall be made by employers and shall be paid into the pension accumulation fund.
HB 43. By Representative Cummings of the 17th:
A bill to amend Code Section 47-2-222 of the Official Code of Georgia Anno tated, relating to the normal and accrued liability employer contribution rates for certain state departments, so as to change the provisions relating to the amount of such contributions.
HB 122. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of motor vehicle accidents, so as to provide for the fee which shall be charged for accident reports from the Department of Public Safety.
HB 186. By Representatives Dixon of the 151st and Twiggs of the 4th:
A bill to amend Code Section 17-4-20 of the Official Code of Georgia Anno tated, relating to authorization of arrests with and without warrants generally and use of deadly force, so as to provide that the provisions of said Code Section 17-4-20 shall not be construed to restrict the use of deadly force by peace officers of state or local law enforcement agencies when reasonably necessary to prevent escapes or apprehend escapees from state and county correctional institutions, jails, and other places of lawful confinement.
HB 201. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require all write-in candidates to designate the specific office sought where an office has multiple officeholders.
FRIDAY, FEBRUARY 15, 1991
919
HB 202. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Code Section 15-6-56 of the Official Code of Georgia Anno tated, relating to filling vacancies in the office of clerk of superior court in counties with a chief deputy clerk, so as to change the time period during which the chief deputy clerk shall serve as clerk of the superior court.
HB 204. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Code Section 21-3-91 of the Official Code of Georgia Anno tated, relating to filing notice of candidacy in municipal elections so as to revise the time period for filing such notice with respect to certain municipal general or special elections.
HB 209. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Part 5 of Article 3 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to election and qualification of county tax officials, so as to change certain provisions regarding the conducting of a special election to fill certain vacancies in the office of tax receiver, tax col lector, or tax commissioner.
HB 288. By Representatives Buck of the 95th and Colwell of the 4th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions for penal institutions, so as to provide for notification by an institution or facility to a state or local law enforce ment agency if such agency is transporting a patient or inmate who has been diagnosed as having an infectious or communicable disease.
HB 422. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of vehicles, so as to remove the authorization for the issuance of special license plates for citizens band radio operators.
SB 293. By Senators Ramsey of the 54th and Hasty of the 51st:
A bill to amend an Act providing for the Magistrate Court of Whitfield County so as to change the position of part-time magistrate to full-time mag istrate; to provide for the election of the new full-time magistrate.
SB 298. By Senators Garner of the 30th and Moye of the 34th:
A bill to amend an Act creating the board of commissioners of Douglas County, as amended, so as to change provisions relating to filling of vacancies on the board of commissioners; to provide for application to certain previ ously filled vacancies; to provide for related matters; to provide an effective date.
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:
920
JOURNAL OF THE HOUSE,
SR 70. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of special judicial circuits; to provide for the establish ment, jurisdiction, operation, and financing of investigative grand juries, trial juries, courts, and personnel in the special judicial circuits; to provide for procedures and other matters related thereto; to provide for submission of this amendment for ratification or rejection.
HR 110. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A resolution urging the United States Department of the Interior, through the National Park Service rivers and trails conservation assistance program, to assist in the completion of a comprehensive assessment of Georgia's rivers.
HR 297. By Representatives Baker of the 51st, Murphy of the 18th, Thomas of the 69th, Groover of the 99th, Walker of the 115th and others
A resolution urging the State Board of Education to assist local school boards in increasing student awareness of the importance of exercising the right to vote.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 291. By Representatives Dover of the llth, Jamieson of the llth, Twiggs of the 4th and Irwin of the 57th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to change the conditions under which volunteers of fire departments, law enforcement agencies, emer gency management or civil defense organizations, emergency medical services, or rescue organizations and persons certified as medical first responders may be covered employees.
The Senate has agreed to the House substitute to the following Bill of the Senate:
SB 103. By Senator Starr of the 44th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, so as to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equalization and shall constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
FRIDAY, FEBRUARY 15, 1991
921
SB 104. By Senator Kidd of the 25th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish goals for the at-risk children and youth in the State of Georgia; to provide for applicability; to provide for strategy and utilization of resources; to provide for services for families with problems; to provide for statements of policy by state agencies and other entities.
Referred to the Committee on Human Relations & Aging.
SB 105. By Senator Kidd of the 25th:
A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to create the Georgia Children and Youth Overview Committee; to provide for members, officers, duties, functions, powers, authority, compensation, appointments, and vacancies; to provide for funds; to provide for matters relative to the foregoing; to provide for an effective date.
Referred to the Committee on Rules.
SB 123. By Senator Thompson of the 33rd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to change definitions; to redefine child welfare agency; to change the provisions relating to approval and inspections of family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by child welfare agencies; to authorize periodic, in lieu of annual, reports from child welfare agencies.
Referred to the Committee on Human Relations & Aging.
SB 182. By Senator Garner of the 30th:
A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Anno tated, relating to regulation of fire and other hazards, so as to require that nursing homes be equipped with certain sprinkler systems.
Referred to the Committee on Human Relations & Aging.
SB 191. By Senator Starr of the 44th:
A bill to amend Code Section 40-5-56 of the Official Code of Georgia Anno tated, relating to suspension of a driver's license for failure to respond to citation, so as to provide for suspension of a driver's license for failure to timely pay a fine ordered by the sentence of a court of competent jurisdic tion; to provide an effective date.
Referred to the Committee on Judiciary.
SB 212. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and others:
A bill to amend Article 4 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the reporting of abuse or exploitation of resi dents in long-term care facilities, so as to change the provisions relating to immunity from liability; to change the provision relating to confidentiality; to provide for legislative intent and for rules to prevent certain conflicts or loss of funds.
Referred to the Committee on Judiciary.
922
JOURNAL OF THE HOUSE,
SB 293. By Senators Ramsey of the 54th and Hasty of the 51st:
A bill to amend an Act providing for the Magistrate Court of Whitfield County so as to change the position of part-time magistrate to full-time mag istrate; to provide for the election of the new full-time magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 298. By Senators Garner of the 30th and Moye of the 34th:
A bill to amend an Act creating the board of commissioners of Douglas County, as amended, so as to change provisions relating to filling of vacancies on the board of commissioners; to provide for application to certain previ ously filled vacancies; to provide for related matters; to provide an effective date.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 70. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A resolution proposing an amendment to the Constitution so as to provide for the establishment of special judicial circuits; to provide for the establish ment, jurisdiction, operation, and financing of investigative grand juries, trial juries, courts, and personnel in the special judicial circuits; to provide for procedures and other matters related thereto; to provide for submission of this amendment for ratification or rejection.
Referred to the Committee on Judiciary.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 316. By Representative Murphy of the 18th:
A resolution inviting the Bremen High School 1990 Baseball Team to the House of Representatives.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
HB 97. By Representative Smith of the 78th:
A bill to amend Code Section 44-14-3 of the Official Code of Georgia Anno tated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, so as to change the civil penalty for the failure to supply a cancellation within the statutory time limit.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, so as to change the time limit in which to supply the clerk of the superior court with a cancellation of a deed to secure debt or
FRIDAY, FEBRUARY 15, 1991
923
other security interest; to change the civil penalty for the failure to supply a cancellation within the statutory time limit; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the furnishing of a cancellation of a deed to secure debt or other security instrument by a grantee upon the payment of such instrument, is amended by striking paragraph (1) of subsection (b) in its entirety and inserting in its place a new paragraph (1) of subsection (b) to read as follows:
"(1) Whenever the indebtedness secured by any instrument is paid in full, the grantee of the instrument, within 46 60 days of the date of the full payment, shall cause to be furnished to the clerk of the superior court of the county or counties in which the instrument is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record. The grantee shall further direct the clerk of the court to transmit to the grantor the origi nal cancellation or satisfaction document at the grantor's last known address as shown on the records of the grantee. In the case of a revolving loan account, the debt shall be considered to be 'paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he wishes to terminate the agreement pursuant to its terms."
Section 2. Said Code section is further amended by striking subsection (c) in its entirety and inserting in its place a new subsection (c) to read as follows:
"(c) Upon the failure of the grantee to transmit properly a legally sufficient satisfac tion or cancellation as provided in this Code section, the grantee shall be liable to the grantor for the sum of $200.00 $500.00 as liquidated damages and, in addition thereto, for such additional sums for any loss caused to the grantor plus reasonable attorney's fees. The grantee shall not be liable to the grantor if he demonstrates reasonable inabil ity to comply with subsection (b) of this Code section; and the grantee shall not be lia ble to the grantor unless and until a written demand for the transmittal is made."
Section 3. This Act shall become effective on July 1, 1991, and shall be applicable to any written demand for the transmittal of a cancellation or satisfaction made pursuant to the provisions of Code Section 44-14-3 of the Official Code of Georgia Annotated occur ring on or after July 1, 1991.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker
Balkcom Y Barfoot
Bargeron Y Barnett.B
Barnett,M Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell
Carter Y Chafin Y Chambless
Cheeks Childers Y Clark.E Y Clark.H Clark.L Y Coker Y Coleman Y Colwell Connell Y Culbreth Y Cummings.B Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Y Groover Hamilton
Y Hammond Hanner
Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson
924
JOURNAL OF THE HOUSE,
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd YLane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Milam Y Mills Y Mobley Moody Y Morsberger Y Moultrie Mueller Y Oliver.C Y Oliver,M YOrr Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Y Randall Ray
Y Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P Y Smith,T Y Smith,W
Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Y Thomas,N Thurmond
Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall YWare
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R
Yeargin Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 343. By Representative Lawson of the 9th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' com pensation, so as to authorize independent school systems of municipalities to participate in a group self-insurance fund comprised of municipalities.
The following Committee substitute was read and adopted:
A BILL
To amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to group self-insurance funds for workers' compensation, so as to authorize independent school systems of municipalities to participate in a group self-insurance fund comprised of municipalities; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to group self-insurance funds for workers' compensation, is amended by striking subsection (b) of Code Section 34-9-152, relating to the application to the Com missioner of Insurance for a certificate of authority to create a group self-insurance fund, in its entirety and inserting in its place a new subsection (b) to read as follows:
"(b) (1) For purposes of this article, municipalities, counties, school boards, hospital authorities, trade associations, and professional associations shall each be deemed to constitute separate classes; and . Except as provided in paragraph (2) of this subsec tion, no member of any one such class shall join with a member of another class or classes for the purpose of creating a fund pursuant to this article.
(2) A board of education of an independent school system of any municipality is authorized to be a member of a fund comprised of municipalities."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
FRIDAY, FEBRUARY 15, 1991
925
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy
Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Barfoot Bargeron
Y Barnett,B Y Barnett.M
Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E
Y Clark,H
Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Cummings.M Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Fennel Y Floyd,J.M Y FloydJ.W YFlynt Godbee
Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harria,J
Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Kingston
Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YBay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Williams,R
Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 674. By Representative Groover of the 99th:
A bill to amend Code Section 32-3-1 of the Official Code of Georgia Anno tated, relating to the authority to acquire property for public road and other transportation purposes, so as to provide that a public road purpose shall include state and federal required wetland mitigation.
Representative Groover of the 99th moved that further consideration of HB 674 be postponed until Tuesday, February 19, 1991, immediately following the period of unani mous consents.
The motion prevailed.
SR 94. By Senator Echols of the 6th:
A resolution authorizing the granting of a nonexclusive easement for con struction, operation, and maintenance of a thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Wayne County, Georgia; to provide an effective date.
926
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett,M
Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark,E Y Clark.H
Clark.L Y Coker Y Coleman
Colwell
Y Connell Y Culbreth Y Cummings,B
Cummings.M
Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton
Fennel
Y Floyd,J.M Floyd,J.W
YFlynt YGodbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing
Kingston Y Klein
YLadd Y Lane.D
Y Lane,R Y Langford Y Lawrence
Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote
Y Perry Y Pettit Y Pinholster
Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding
Ricketson Y Royal
Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley
Stephens
Y Streat Y Taylor YTeper Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R
Yeargin Murphy.Spkr
On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
Representative Lucas of the 102nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 22 Do Pass, by Substitute HB 11 Do Pass, by Substitute
Respectfully submitted, /s/ Dixon of the 151st
Chairman
FRIDAY, FEBRUARY 15, 1991
927
Under the general order of business, established by the Committee on Rules, the fol lowing Bils of the House were taken up for consideration and read the third time:
HB 350. By Representatives Watson of the 114th, Pettit of the 19th, Dixon of the 128th and Hamilton of the 124th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that the administrator may certify to telephone ser vice carriers that certain billings should be suspended while a cease and desist order is in effect.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 123, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 399. By Representatives Oliver of the 53rd, Felton of the 22nd, Sinkfield of the 37th, Herbert of the 76th, Selman of the 32nd and others:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children, so as to create the Georgia Child Care Council and provide for its duties and composition.
The following Committee substitute was read:
A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to create the Georgia Child Care Council and provide for its duties and composition; to provide for the council members' appoint ment, confirmation, qualifications, terms, removal, oaths, vacancies, and compensation; to provide for the organization, meetings, and quorum of the council; to provide for a director of the council and the duties thereof; to provide for funding and administrative matters; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended by adding at the end a new article to read as follows:
"ARTICLE 11
49-5-240. As used in this article, the term: (1) 'Council' means the Georgia Child Care Council created pursuant to Code Sec
tion 49-5-241. (2) 'Federal Act' means the 'Child Care and Development Block Grant Act of
1990,' pursuant to amendments to Chapter 8 of subtitle A of Title IV of the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35). 49-5-241. (a) There is created the Georgia Child Care Council which shall consist of 19 members. Fifteen of those members shall be voting members appointed by the Governor, confirmed by the Senate, and composed of the following:
(1) Two members shall be representatives of local or state chambers of commerce; (2) One member shall be a representative of the licensed or commissioned for profit child care businesses in the state;
928
JOURNAL OF THE HOUSE,
(3) One member shall be a representative of the licensed or commissioned not for profit child care businesses in the state;
(4) Four members shall be consumers of child care services or persons whose chil dren are regularly placed in child care but who have no other business connection with any child care facility or business and at least one of them shall represent the inter ests of children with special needs and one shall represent the interests of school age children;
(5) One member shall represent registered family day-care homes, as defined in Code Section 49-5-3;
(6) One member shall represent licensed or commissioned church or synagogue day-care centers;
(7) One member shall be an expert or have special academic or research responsi bilities in early childhood development;
(8) One member shall represent a child care resource and referral agency; (9) One member shall represent a Head Start organization; and (10) Two members shall represent the general public. The remaining four nonvoting members shall be the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism, all of whom shall be ex officio members. (b) The ex officio members of the council shall serve while holding their state offices. The members specified in paragraphs (1) through (9) of subsection (a) of this Code sec tion may be appointed from nominees submitted to the Governor by the following: (1) The Business Council of Georgia; (2) Georgia Child Care Association; (3) Young Women's Christian Associations;
(4) Young Men's Christian Associations; (5) Georgia Child Development Association;
(6) Georgia Childcare Advocacy Coalition; (7) Georgia Church/Synagogue Child Care Directors;
(8) Georgia Congress of PTA;
(9) Georgia Family Day Care Association; (10) Save the Children/Child Care Solutions;
(11) Georgia School-Age Childcare Council; (12) Georgia Head Start;
(13) Developmental Disabilities Council of Georgia; (14) Public Assistance Coalition;
(15) Georgia Pre-School Association; (16) Georgia Coalition of Black Women;
(17) Georgia Welfare Rights Organization; and (18) Georgia Association on Young Children. The appointive members shall serve for a term which expires June 30, 1994.
(c) Vacancies in the office of any appointive member of the council shall be filled for the remainder of the unexpired term by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next regular session of the General Assembly.
(d) The Governor may remove any appointive member of the council for failure to attend meetings, neglect of duty, or incompetence.
(e) Any appointive member of the council who, during such person's term of office, ceases to meet the qualifications for the original appointment or does not attend three or more successive meetings of the council shall forfeit such person's membership on the council.
(f) Each member of the council shall take an oath of office before the Governor that he will faithfully perform the duties of office.
49-5-242. (a) The Governor shall annually appoint a chairman and vice chairman of the council to serve for one-year terms.
FRIDAY, FEBRUARY 15, 1991
929
(b) The council shall hold regular meetings at least once every calendar quarter and may not hold more than six regular or special meetings during any calendar year. A spe cial meeting may be called by the chairman or a majority of the members of the council. The council shall meet at such times and at such designated placed in the state as it may determine.
(c) Nine members of the council shall constitute a quorum. (d) The appointive members of the council shall receive the same allowances autho rized for legislative members of interim legislative committees for each day of actual attendance at official meetings of the council. Ex officio members of the council shall receive no additional compensation for their services on the council but shall be reim bursed for expenses incurred by them in their performance of their duties as members of the council in the same manner as state employees are reimbursed for expenses. 49-5-243. There shall be a director of the council who shall be both appointed and removed by the council subject to approval by the Governor. Subject to the general pol icy established by the council, the director shall supervise, direct, account for, organize, plan, administer, and execute the functions of the council. The council shall be attached to the Department of Human Resources for administrative purposes only, as provided in Code Section 50-4-3. Costs incurred by the council shall be funded by monies availa ble under the federal act. 49-5-244. The council shall recommend measures to improve the quality, availability, and affordability of child care in this state. In addition, the council shall:
(1) Provide a mechanism for the planning and coordination of child care programs among the agencies of the state and local levels;
(2) Inventory and monitor the disbursement and make recommendations as to the coordination of the disbursement of all state and federal funding streams that impact the supply, quality, and affordability of child care;
(3) Develop an annual Georgia child care plan which includes all identified revenue sources and, at a minimum, the requirements indicated in the federal act;
(4) Develop an annual Georgia report on child care, reporting child care statistics, an evaluation of the state planning process, and at a minimum meeting the reporting requirements of the federal act;
(5) Hold at least one annual public hearing on child care needs; (6) Serve as the state clearing-house for information on child care resources and statistics; (7) Provide child care information to corporations and business seeking to locate in Georgia; (8) Promote public-private sector collaboration for child care; (9) Recommend to the Governor and to the General Assembly policies, legislation, and funding that will promote the work of the council and the realization of the Geor gia child care plan to promote quality, affordable, and accessible child care for Georgia's children; (10) Develop requests for proposals, in accordance with the Georgia child care plan, for federal block grant funds available to Georgia under the federal act; (11) Promote consumer education to parents to help them select child care includ ing the expansion of child care resource and referral agencies; and (12) Monitor, review, and recommend improvements to child care licensing requirements."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. This Act shall be automatically repealed July 1, 1994.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Childers of the 15th moves to amend the Committee substitute to HB 399 as follows:
930
JOURNAL OF THE HOUSE,
By adding the words "or the designee of the School Superintendent, the Commissioner of Labor, the Commissioner of Human Resources, and the Commissioner of Industry,
Trade, and Tourism" after the comma on line 6 page 3.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
Buck Y Buckner YByrd Y Campbell Y Canty
Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Cummings.M Y Davis.G Y Davis.M Y Diron.H Y Dixon.S Y Dobbs Y Dover YDunn Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Manner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy
McKelvey McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T
Y Smith,W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 160, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
By unanimous consent, the following Resolution of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Rules:
HR 28. By Representatives Hamilton of the 124th, Byrd of the 153rd, Holland of the 136th, Floyd of the 135th, Snow of the 1st and others:
A resolution creating the House Strategic Planning Study Committee.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:
FRIDAY, FEBRUARY 15, 1991
931
HB 589. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Hamilton of the 124th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to transfer from the State Board of Education, Georgia Department of Education, and State School Superintendent and to the Pro fessional Standards Commission and executive secretary thereof certain func tions relating to the certification of school personnel.
The following Committee substitute was read and adopted:
A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to transfer from the State Board of Education, Georgia Department of Education, and State School Superintendent and to the Professional Standards Commission and exec utive secretary thereof certain functions relating to the certification of school personnel; to provide for programs and payment approval by the commission; to change an abbrevia tion; to abolish the existing Professional Standards Commission and re-create and reconsti tute such commission; to provide for administrative matters and funding; to change certain terms and qualifications of members; to provide for appointments and confirmation; to provide for purposes; to provide for functions of the commission; to provide for existing certificates and classifications; to provide for commission expenses and meetings; to pro vide for an executive secretary and for employees; to provide for transfer of officers, employees, and agents to the commission and their status, position, rights, and retirement system membership; to provide for transfer of tangible property to the commission; to pro vide for succession to rules, regulations, policies, procedures, and administrative orders; to provide for rights, privileges, entitlements, and duties of parties to certain agreements and transactions; to provide for intent; to change the provisions relating to fees; to amend said Title 20 and Code Section 47-3-1 of the Official Code of Georgia Annotated, relating to definitions regarding the Teachers Retirement System of Georgia, so as to change certain statutory references to conform to the previously described transfers and changes; to change certain provisions relating to investigations and discriplinary recommendations of the Professional Practices Commission; to provide for all 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. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking Part 10 of Article 17 of Chapter 2, relating to the Professional Practices Commission, and inserting in its place a new part to read as follows:
"Part 10
20-2-981. This part shall be known and may be cited as the 'Georgia Professional Standards Act.'
20-2-082.--As ttsed i this part? the term; {D--'Approved institution' means any institution approved fey the State Beard ef
Education. {2}--'Authorization or- assignment' means the designation appearing e the teaching
certificate identifying the areas ef instruction er service which the certificate heWer
19 pCTTfl1ItCQ tO pertOFIU.*
\&f \jiioA ine&ns d cooperft11vc eQuefttion services ftency d& denned 0y r&iti T or
{4)--'Commission' means the Professional Standards Commission. \v)--" inTMscrvicc tfoniin^f ^swift development^ mccms ftiiy pro^fFHui of teftcner educo.TM tie er preparation offered jointly fey a seheel system ad approved college er van-
932
JOURNAL OF THE HOUSE,
and is recommended by the commission fer the purpoaca ef Hnp-reviag or upgrading a tcachcr'a skills, knowledge, er inatructional methods.
iff)--'Subject matter examination' means any objective examination recommended by the commission as an inatrumcnt te measure subject matter knowledge. 20-2-982. (a) The following constitute the major purposes of this part:
(1) To simplify and make more efficient the process of certifying educational per sonnel in Georgia;
(2) To attract the highest possible number of qualified personnel to become educa tors in Georgia;
(3) To promote the hiring of qualified educators from other states to work in Georgia schools; and
(4) To improve the level of preparation of educators, both pre-service and in-ser vice, by requiring for purposes of certification those essential skills and that knowl edge needed to deliver effective education. 20-2-983. (a) A Professional Standards Commission is created as an advisory body te the State Beard of Education. The Professional Standards Commission existing June 30, 1991, is abolished and the term of office of the members of such abolished commis sion shall expire July lj 1991. A new Professional Standards Commission is created and attached to the Office of Planning and Budget for administrative purposes only. The commission shall consist of 26 18 members to be appointed by the Governor, subject to the provisions of subsections (b) and (c) of this Code section. The term of office of members of the commission shall be three years; except the initial appointments shall begin July lj 1991, and shall be: seven six for one year, seven six for two years, and six for three years. A member may be reappointed to the commission only one time. Vacan cies shall be filled for an unexpired term terms in the same manner as the original appointments. If a member for any reason discontinues employment in the category from which he or she was appointed, that person is no longer eligible to serve on the commission as a representative of that category. If a member elects to take employment outside the State of Georgia, that person is no longer eligible to serve on the commis sion. The Governor may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty. All members of the commission are to be confirmed by the Senate. Any appointment made by the Governor when the Sen ate is not in session shall be effective until the appointment is acted upon by the Sen ate. (b) The membership of the commission shall consist of:
(1) Nine teachersz not more than one of whom shall be from a state or regionally accredited private school, holding a valid professional certificate; including at least two classroom teachers assigned within the grades kindergarten through three five, two classroom teachers assigned within the grades few six through eight, and two class room teachers assigned within grades nine through 12 twelve, ene classroom teacher ftrem a state er regionally accredited private school, ene professional net assigned spe-
and ene professional assigned te an area vocational-technical seheel; (2) Few Two administrators actively engaged in administration and holding a
valid professional certificate; (3) Feat Two faculty members from fear state or regionally approved teacher edu
cation institutions^ At least ene saeh appointee shall be employed by a private institute and at least ene appointee shall be employed by a public institution;
{4)--One staff member ef the Department ef Education actively engaged in teacher education supervisory services; and
44) (5) Two members of local boards of education ; and (5) Three representatives of business or other private sector groups with an inter est in improving Georgia public schools. (c) Appointments shall be made by the Governor ft-em panels ef at least three nominees far each position submitted by with consideration given to nominees submitted by professional educator organizations and other education organizations selected by the
T-, except the State Seheel Superintendent shall appoint the representative fire
FRIDAY, FEBRUARY 15, 1991
933
the Department ef Education. Saeh organizations wiH certify that panels include enly representatives ef the category ef professional personnel for which the paael er panelsef nominees are submitted.
(d) All members of the commission, except representatives of teacher education insti tutions, members of local boards of education, and the representative ef the Department ef Education representatives of business or other private sector groups, shall hold valid professional Georgia teaching certificates and shall have been actively engaged in teach ing or providing related educational, administrative, or supervisory services in an approved school or approved institution of higher education with a state or regionally approved teacher education program programs for at least three years immediately pre ceding appointment. All members of the commission shall be residents of the State of Georgia.
20-2-984. (a) The commission ay recommend te the State Beard ef Education shall create and implement standards and procedures for certifying educational person nel as qualified for a certificate to practice in the public schools of Georgia, and te sp-
profession, including the following: 41)--Standards for prc-acrvicc preparation; 42)--Standards for accreditation ef teacher education programs; 43)--Standards for certification through in-service training (staff development); 44)--Objective, independently verifiable standards ef measurement and evaluation
ef teaching competence as the basis for teacher certification; 46)--Objective examinations as a measure ef subject matter knowledge for the par-
pes ef certifying educational personnel; and 46)--Criteria te be used at the activation ef a eemmittcc teacher education insti
tutions for the purpose ef screening candidates for both entry and continuation in teacher training e the basis ef academic, personal, and emotional fitness for the pre-
(1) Procedures for limiting the number and types of certificates to the fewest pos sible consistent with providing qualified teachers for Georgia's schools;
(2) In-service training and related requirements needed to renew or maintain certi fication;
(3) Multiple or alternative routes to professional teacher certification; and (4) Requirements, including appropriate examinations and assessments, for acquir ing and maintaining certification pursuant to Code Section 20-2-200. (b) The commission shall recommend to the board of regents and private colleges and universities standards and procedures for preparing educational personnel to qualify for initial and renewable certification to practice in the public schools of Georgia, includ ing the following: (1) Pre-service preparation; (2) Approval of teacher education programs, both graduate and undergraduate; (3) Approval of programs of alternative certification; and (4) The creation of innovative programs designed to increase the number of minor ity teachers entering the profession. 4b) (c) All certificates in force in this state which were issued b the state board prior to July lj 1991, shall continue in full force and effect, subject to all the terms and conditions under which they were issued, until they expire by virtue of their own limita tions or until their terms or conditions are modified by action of the State Beard ef Education commission. All such certificates issued by the state board prior to July lj 1991, shall be deemed to have been issued by the commission for purposes of any law or regulation relating to such certificates. 4e) (d) The commission shall not make any recommendations relating to or have authority over the compensation, benefits, or working conditions of educational person nel in the public schools of Georgia. 20-2-985. (a) The commission shall annually select from its membership a chairman and vice-chairman by ballot. Meetings shall be held at the call of the chairman or upon the request in writing of a majority of the commission. A majority of such quorum shall have authority to act upon any matter properly brought before the commission.
934
JOURNAL OF THE HOUSE,
(b) The commission shall keep minutes of its meetings and make an annual written report available for inspection.
20-2-986. Members of the commission shall receive no compensation for their ser vices but shall be reimbursed for their actual and necessary expenses incurred in the performance of official commission business, but such expenses shall not exceed $59.00 per day and mileage at the same rate as state officials and employees, ft is specifically provided, however, that ne No member of the commission, with the exception of mem bers of the executive committee of the commission, shall be reimbursed from any public funds for such expenses for more than 16 20 days during each calendar yeart except that there shall be no limitation on the number of meeting days for one year after July l 1991. A member of the commission who is an employee of an agency of the state, or any of its political subdivisions, including school systems, shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. An agency of Georgia, or any of its political subdivisions, including school systems, which employs a member of the commission and employs a person to replace such member during the member's performance of commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of any costs so incurred.
20-2-987. ^Ffee commiaaion shaH have the authority te employ (a) The Governor shall appoint an executive secretary to the commission who shall serve as the secretary and executive officer of the commission. Such executive secretary shall be compensated in an amount fixed by the commiaaion Governor. The executive secretary shall have the authority to employ such professional and clerical personnel as may be necessary to carry out the duties and responsibilities of the commission, subject to approval by the commission. 3%e executive secretary and any ether employee ef the commiaaion shall be ft memoes ot trie ziimployccs Keti?cmeirt toystcflft Or oeor^is. Any person employeu i&y the commission 9ndii occonic ft mcmucr of scud retiremeAT system WJWIIR ov dsys flttCF the date ef the poraon'a employment. AH employer contributions te said retirement aystern and fer social accurity for said cmploycca shall be paid from funds appropriated lef the operation ef the commission. The employees ef- the commiaaion shall aet be subject te the State Merit System ef Personnel Administration. Personnel of the Department of Education may be utilized by the commission subject to the approval of the State School Superintendent.
(b) All full-time employees of the commission shall be members of the Employees' Retirement System of Georgia, except for members of the Teachers Retirement System of Georgia who, without any break in service, become full-time employees of the com mission. Such employees shall continue as members of the Teachers Retirement System of Georgia. All employer contributions to said retirement systems and for social security for said employees shall be paid from funds appropriated for the operation of the com-
(c) The commission shall, on and after July 1^ 1991, assume possession and control of all records, papers, equipment, supplies, and all other tangible property possessed and controlled by the Department of Education as of June 30, 1991, in its performance of functions or duties transferred to the commission under this part or under any other provisions of the 1991 Act which enacted this part. Further, all officers, employees, and agents of the Department of Education who, on June 30, 1991, are employed in the per formance of a function or duty which shall be vested in the commission on July 1, 1991, by this part or any other provisions of the 1991 Act which enacted this part shall be automatically transferred to the commission. The status, position, and rights of persons so transferred shall not be affected by the transfer, in and of itself, and such persons shall retain, inter alia, all rights of rank or grade, rights to annual leave, sick pay and leave, rights under any retirement or personnel plan, and any other rights under any law or administrative policy.
(d) The commission shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Education which are in effect on June 30, 1991, and which relate to the functions transferred to the commission by this part or any other provisions of the 1991 Act which enacted this part. Such rules, regulations,
FRIDAY, FEBRUARY 15, 1991
935
policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law.
(e) The rights, privileges, entitlements, and duties of parties to contracts, leases, agreements, and other transactions entered into before July 1^ 1991, by the Department of Education and which pertain to the functions transferred to the commission by this part or any other provisions of the 1991 Act which enacted this part shall continue to exist and none of these rights, privileges, entitlements, and duties are impaired or dimin ished by reason of the transfer of the functions to the commission. In all such instances, the commission shall be substituted for the Department of Education and the commis sion shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions.
20-2-988. (a) The office ef certification ef the Department ef Education The Profes sional Standards Commission shall continue te evaluate transcripts and issue certificates based on State Beard ef Education approved standards for certificates for all educa tional personnel seeking certification.
(b) The commission shall follow policies consistent with general education objectives established under Georgia statutes er by the State Beard ef Education.
(c) The commission shall have the authority to hear the public, the teaching profes sion, and professional groups and associations on any matter of concern under the juris diction of the commission.
(d) The commission has the authority to recommend te the State Beafd ef Educatie appoint panels of educators, including public school classroom teachers, to serve as members of teams visiting institutions and school systems having teacher education pro grams for purposes associated with the process of approving said programs by the state beard. The commission shall also have the authority to review any report of such teams and to advise the state beard as te determine whether or not programs proposed for its approval meet its adopted criteria.
20-2-989. 4a) The funds necessary for the operation of the commission shall come from funds specifically appropriated or otherwise made available to the Professional Standards Commission.
4b)--The commission is assigned te the Department ef Education for administrative purposes enly as proscribed by Code Section 60-4-3.
20-2-990. (a) The classifications established by the State Board of Education pursu ant to Code Section 20-2-200 shall remain in effect until such time as the commission creates classifications for certificated personnel under the terms of this part. Such new classifications will clearly describe the relationship between pre-existing classifications established by the board and the new classifications established by the commission. Until such time as the new classifications are approved, the commission is empowered to approve, grant, deny, or withhold certificates under the existing classifications estab lished by the state board.
(b) It is the intent of this part to transfer to the Professional Standards Commission all functions previously performed by the state board with regard to certification and all functions related thereto, except with regard to public librarians and those functions associated by the development and administration of the teacher certification test."
Section 2. Said title is further amended by striking Code Section 20-2-102, relating to qualifications of school superintendents, and inserting in its place a new Code section to read as follows:
"20-2-102. (a) Before any person shall be qualified or eligible to hold the office of county or independent school superintendent, the person shall be a citizen of the county if elected by the voters of the county, but it shall not be necessary that the person be a citizen of the county or independent school district if appointed by the board of edu cation of the county or independent school system. The person shall have earned and hold a five-year degree from a regionally accredited college or university. The person shall have had not less than three years of actual teaching or education administration experience and shall be of good moral character and shall never have been convicted of any crime involving moral turpitude. The person shall possess the minimum valid fifth
936
JOURNAL OF THE HOUSE,
year leadership certificate issued by the State Beard ef Education Professional Stan dards Commission.
(b) To be eligible to qualify for election in the primary election or in the general election, a candidate for election as county school superintendent shall present to the officer before whom such candidate has qualified to seek the office of county school superintendent verification from the State Seheel Superintendent executive secretary of the Professional Standards Commission that the candidate meets the certification quali fications of this Code section.
(c) This Code section shall not apply to any person who has served at least one term as a superintendent.
(d) If the position is appointive, the person shall present to the local board of educa tion verification from the State Seheel Superintendent executive secretary of the Profes sional Standards Commission that the person meets the certification qualifications of this Code section."
Section 3. Said title is further amended by striking Code Section 20-2-108, relating to certification of school superintendents, and inserting in its place a new Code section to read as follows:
"20-2-108. Each county school superintendent shall be certified and classified by the State Beard ef Education Professional Standards Commission as teachers are now classi fied and certified under Code Section 20-2-282. The superintendents shall receive sala ries according to a schedule of minimum salaries fixed by the state board based on classification and certification in the same manner teachers are paid under Code Section 20-2-212; provided, however, that in no event shall the salary of a superintendent be less than $70.00 per month, such salaries to be paid monthly out of the school funds of the state; and in addition thereto, the county board of education shall allow additional com pensation for the services to be rendered as may be in its judgment proper and just."
Section 4. Said title is further amended by striking Part 6 of Article 6 of Chapter 2 thereof, relating to school employment and personnel, and inserting in its place a new part to read as follows:
"Part 6 Subpart 1
20-2-200. (a) The State Beard ef Education Professional Standards Commission shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the state beard commission certifying their qualifications and classification in accordance with such regulations. The state beard commission shall establish such number of classi fications of other certificated professional personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifi cations shall be based only upon academic, technical, and professional trainingj experi ence, and competency of such personnel. The state beard commission is authorized to provide for revoking or denying a certificate for good cause after an investigation is held and notice and hearings are provided the certificate holder. The state beard commission shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section. Without limiting the generality of the foregoing, the term 'certificated pro fessional personnel' is defined as all professional personnel certificated by the state beard commission and county or regional librarians.
(b) (1) Before granting a renewable certificate to an applicant, the State Beard ef Education Professional Standards Commission shall require the applicant to demon strate satisfactory proficiency on a test of specific subject matter or other professional knowledge appropriate to the applicant's field of certification.
(2) Before granting a renewable certificate to an applicant, the state board com mission is authorized to require the applicant to demonstrate satisfactory proficiency on a test of oral and written communication skills and an assessment to demonstrate
FRIDAY, FEBRUARY 15, 1991
937
satisfactory on-the-job performance appropriate to the applicant's field of certification. 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 state beatd commission as qualified to administer the assessment; on-the-job performance shall be evaluated on criteria set by the state beard 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 Geefgia Department of Education 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 Georgia Depart ment ef Education 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 certi fication 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 dem onstrates satisfactory performance on the nonwritten portion of the required certifica tion 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 state board commission is authorized to require the applicant to demonstrate satisfactory profi ciency 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 administra tion 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 defi ciencies. 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.
(c) The State Beawl ef Education Professional Standards Commission shall have the authority to grant a renewable certificate at the four-year level in a teaching field to an applicant who has not completed a teacher preparation program; provided, however, that such applicant meets the following conditions:
938
JOURNAL OF THE HOUSE,
(1) Is the holder of a bachelor's degree from a regionally accredited college or uni versity in a subject area field corresponding to an appropriate subject area certifica tion classification established pursuant to subsection (a) of this Code section;
(2) Has satisfactorily completed an appropriate college course related to human growth and development otherwise required of applicants for such certification;
(3) Has satisfactorily completed a one-year supervised classroom internship involv ing the appropriate teaching field; and
(4) Has obtained satisfactory results on tests and assessments pursuant to subsec tion (b) of this Code section otherwise required of applicants for such certification, (d) The State Bea*d ef Education Professional Standards Commission shall have the authority to grant a renewable certificate at the five-year level in a teaching field to an applicant who did not complete an undergraduate teacher preparation program; pro vided, however, that such applicant meets the following conditions:
(1) Is the holder of a master's degree in education in a teaching field from a regionally accredited college or university in a subject area field corresponding to an appropriate subject area certification classification established pursuant to subsection (a) of this Code section;
(2) Has satisfactorily completed a one-year supervised classroom internship involv ing the appropriate teaching field; and
(3) Has obtained satisfactory results on tests and assessments pursuant to subsec tion (b) of this Code section otherwise required of applicants for such certification, (e) (1) The State Beard ef Education Professional Standards Commission shall charge the following fees to persons who file applications with the state beaMt commis sion under its regulations adopted pursuant to the authority of this Code section:
(A) For an applicant for initial certification who is not actively teaching currently employed in Georgia public or private schools ..........................................................................................................$ 20.00
(B) For an applicant for initial certification who is not a graduate of an accredited education program from a Georgia college or university..................................................................................................... 20.00
(C) For an applicant for a higher certificate when the applicant then holds a Georgia certificate but who is not currently employed in Georgia public or private schools........................................................ 20.00
(D) For an applicant for a certificate which adds a field or which endorses a certificate but who is not currently employed in Georgia public or private schools............................................................ 20.00
(E) For an applicant for a conditional certificate............................................. 20.00
(F) For an applicant for the renewal of any certificate if the appli cant is not currently employed by a public or private school in Georgia..................................................................................................... 20.00
(G) For evaluating transcripts where certificates are not issued and for issuing duplicate copies of certificates ............................................. 20.00
(2) The fees provided for in paragraph (1) of this subsection shall be paid by an applicant by cashier's check or money order as a condition for filing the application.
(3) The fees provided for in this subsection shall be paid by the State Beafd ef Education commission into the general funds of the state. The State Bearf ef- Educatie commission shall adopt regulations to carry out the provisions of this subsection. (e) As used in this part, unless the context indicates otherwise, the term 'commis sion' means the Professional Standards Commission established under Part 10 of Article 17 of this chapter. 20-2-201. (a) Any person certified as a teacher, principal, or guidance counselor pursuant to Code Section 20-2-200 shall have satisfactorily completed a course of five
FRIDAY, FEBRUARY 15, 1991
939
or more quarter hours, approved by the State Board of Education Professional Stan dards Commission, in the identification and education of children who have special edu cational needs or shall have satisfactorily completed an equivalent preparation in a staff development program designed for this purpose, provided such staff development pro gram shall have received prior approval of the state beard commission for that purpose. As used in this subsection, 'children who have special educational needs' is defined as such children as defined by Code Section 20-2-152. Those teachers, principals, and guid ance counselors of other states, those applicants completing noneducation programs who are otherwise eligible for provisional certification in Georgia, and those teachers with lapsed Georgia teaching certificates who are otherwise eligible for emergency certificates who would be employed and certified in Georgia schools but lack the requirements of this subsection shall have a period of one year from date of employment to obtain the prescribed training. Teachers holding valid Georgia teaching certificates shall have until their recertification date to comply with the requirements of this subsection. Any person taking the course under this Code section shall receive appropriate credit toward certifi cation and salary increases.
(b) Universities and colleges having teacher preparation programs for grades kinder garten through eight shall require, as a part of such teacher preparation requirements, a separate course in health education and a separate course in physical education. The content of the course in health education shall include general knowledge and attitudes in all critical areas of health and shall include drug and alcohol abuse, smoking, and health education. The required course in physical education shall contain knowledge, attitudes, and understanding of how physical activity shall be integrated into the total lifestyle of an individual.
(c) Each local unit of administration shall be required to provide all professional per sonnel certificated by the State Beard ef Education 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 pro grams shall be developed by the local unit of administration in conjunction with such agencies as RBSA's 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. Records of attend ance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff.
20-2-202. All teachers and other professional personnel who hold life certificates shall be entitled to carry forward that lifetime status if they become qualified by reason of
additional training for a next higher level of certification in the same field. However, holders of life certificates shall be subject to the tests and assessments regarding certifi
cation pursuant to subsection (b) of Code Section 20-2-200 when such tests or assess ments are required to qualify for other provisions as set forth in this article or by state
beafd- Professional Standards Commission policy or regulation. 20-2-203. All renewable certificates granted by the State Beard ef Education Profes
sional Standards Commission shall have a validity period of five years.
20-2-204. (a) As used in this Code section, the term: (1) 'Aide' is defined as a person who may have less than professional training and
who takes no independent actions and has no decision-making authority but performs routine tasks assigned by higher certificated personnel. An aide who works as an
instructional aide shall possess the minimum of a high school diploma or a general
educational development (GED) equivalency diploma. (2) 'Licensed personnel' is defined as paraprofessionals and aides. (3) 'ParaprofessionaT is defined as a person who may have less than professional-
level certification, who relates in role and function to a professional and does a portion of the professional's job or tasks under the supervision of the professional, and whose
decision-making authority is limited and regulated by the professional. Such a paraprofessional shall possess the minimum of a high school diploma or a general edu
cational development (GED) equivalency diploma.
940
JOURNAL OF THE HOUSE,
(4) 'Permitted personnel' is defined as persons who may not qualify for profes sional certificates, including retired teachers, but who function in the educational pro grams in the same manner as certificated personnel. Such personnel qualify for their positions on the basis of experience rather than formal education. (b) The State Beard ef Education Professional Standards Commission shall provide for the classification of all licensed and permitted personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they meet such minimum criteria as developed by the state beaid com mission; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience of such personnel. The state beard commission is authorized to provide for revoking or denying a license or permit for good cause after an investigation is conducted and notice and hearing is provided the license or permit holder.
Subpart 2
20-2-210. All personnel employed by local units of administration, including elected and appointed 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 pro fessional 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 of Education shall adopt such regulations and standards as are deemed necessary to ensure that the annual evaluation and professional improvement planning processes are as objective, equitable, and effective as possible. The state board shall provide for the development and implementation by July 1, 1989, of a state-wide uniform annual evaluation instrument for each classification of professional personnel certificated by the state feeafd; provided, however, that evaluation instruments for ser-
f1i1nOl1rUl iL.rCfLl9*.IcA.JU KUnlirgilnllnllilnllog- CTJ Un1lJiIr T1 y 1J.0OPUQJ, Unr1t1rUl
mented by My 4s 1000 Professional Standards Commission. All such instruments shall be field tested and revised to meet established measurement criteria designed to provide for validity and reliability.
20-2-211. (a) All teachers, principals, other certificated professional personnel, and other personnel of a local unit of administration shall be employed and assigned by its governing board on the recommendation of its executive officer. Minimum qualifications for employment of all personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing and shall be signed in dupli cate 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 notwith standing, 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 State Beard ef- Education Professional Stan dards 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 ensu ing 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 offi cer in writing not later than May 1.
FRIDAY, FEBRUARY 15, 1991
941
(c) Any other provisions of this article or any other laws to the contrary notwith standing, no local governing board shall employ any person as a teacher who has been discharged from the armed forces of the United States with a dishonorable discharge as a result of desertion or any person who has fled or removed himself from the United States for the purpose of avoiding or evading military service in the armed forces of the United States, excluding those who have been fully pardoned.
(d) Each local school system shall have a job description for each certificated profes sional personnel classification, shall have policies and procedures relative to the recruit ment and selection of such personnel, and shall adhere to such recruitment and selection policies and procedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availability of all certificated positions to the appropriate colleges and universities in the state and to the Department of Education. A local board of education may also announce such positions in the legal organ of the county in which the school system is located and to colleges and universities in other states.
20-2-212. The State Board of Education shall establish a schedule of minimum sala ries 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 state beatd 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 fac tors 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 edu cator 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 Appropria tions 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 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; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro-rata portion of the respec tive salary prescribed by the schedule of minimum salaries. Local units of administration may, however, supplement the salaries of such personnel and, in fixing the amount thereof, may take into consideration the nature of duties to be performed, the responsi bility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented.
20-2-213. The State Board of Education is authorized and directed to devise career ladder programs for teachers and other certificated professional personnel certificated fey the state feeatd which provide such personnel who demonstrate above average or out standing competencies relative to their respective positions and exhibit above average or outstanding performance in executing their assigned responsibilities with salary supple ments in recognition of such competency and performance. Achievement of students
beyond the level that is typically expected for their ability shall be included in the per
formance criteria for any of the respective personnel categories when specified by the
942
JOURNAL OF THE HOUSE,
state board. The state board shall submit its policies and guidelines pertaining to the implementation of career ladder programs, along with the recommendations of the career ladder task force, to the General Assembly for review prior to submitting a request for funds to grant salary supplements under this program. The state board shall grant suffi cient funds to each local unit of administration to pay the salary supplements of all per sonnel awarded supplements under the career ladder programs, subject to appropriation by the General Assembly.
20-2-214. The State Board of Education shall establish a schedule of salary supple ments for administrators who have system-wide or school-wide responsibilities. Each sal ary 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 appropria tion by the General Assembly.
20-2-215. Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of 'in loco parentis,' except for the administration of cor poral punishment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the State Board of Education to have such authority and that such aides and paraprofessionals are under direct super vision of classroom teachers or other certificated professional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifiable purposes. Such purposes shall include planned release time and such activities as accompanying selected students to other locations or sites, instructing individual students or small groups at a location away from the classroom, meeting with parents and guardians, planning instructional programs or lessons, participating in staff development activities, and other such educa tion activities related to classroom instruction. The state board shall have the authority to prescribe such requirements and standards as it deems necessary for the effective implementation of this Code section.
20-2-216. As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the local unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127, who possess valid teaching certificates issued by the State Beard ef- Education Profes sional Standards Commission. If no person holding a valid teaching certificate is availa ble for this purpose, the local unit of administration is authorized to employ the person who most closely meets the requirements for certification as a teacher and who is availa ble to serve as a substitute, provided such person is closely supervised by the school principal or principal's designee. It shall be the duty of the otatc board commission to promulgate and adopt rules, regulations, and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certi fication within this state. Nothing contained in this Code section shall prevent the local governing board or its executive officer from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article. For purposes of this Code section, certificated sub stitute teachers shall not be considered part-time personnel pursuant to Code Section 20-2-212. Salaries for substitute teachers shall be set by the local boards of education.
20-2-217. The State Board of Education is authorized and directed to devise a pro gram to provide professional and staff development stipends sufficient to allow eligible licensed personnel, paraprofessionals, and aides to participate in development programs which will enable such employees to increase their education pertaining to their job clas sification or to obtain appropriate degrees to become certified teachers. Such stipends shall be provided to individuals on a reimbursable basis on a state approved schedule. The State Board of Education shall be authorized to require the local professional and
staff development plan required under Code Section 20-2-232 to include professional
FRIDAY, FEBRUARY 15, 1991
943
and staff development for licensed personnel, paraprofessionals, aides, and education secretaries before state funding for the purposes of this Code section will be made avail able to a local system. As used in this Code section, the terms 'paraprofessional,' 'aide,' and 'licensed personnel' shall be defined as provided in Code Section 20-2-204."
Section 5. Said title is further amended by striking Code Section 20-2-230, relating staff development programs, and inserting in its place a new Code section to read as fol lows:
"20-2-230. (a) All public school officials and professional personnel certificated by the State Bea*d ef- Education Professional Standards Commission shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local units of adminis tration and the Department of Education shall be the implementation of this policy. Two additional purposes of such staff development programs shall be to adopt into gen eral practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effectiveness, and to address professional needs and deficiencies identified during the process of objective perform ance evaluations.
(b) All new members of governing boards of local units of administration shall, before or within one year after assuming office, receive orientation to the educational program objectives of Georgia and instruction in school finance; school law, with special emphasis on the 'Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local governing board members; annual perform ance evaluation of the school superintendent and the local board of education; and such other topics as the State Board of Education may deem to be necessary. All members of boards of local units of administration are required to participate in at least one day of training annually to ensure the effective management and operation of local units of administration. The Georgia Education Leadership Academy is authorized, in coopera tion with the Georgia School Boards Association, to conduct workshops annually to pro vide such instruction and to present to each board member completing such annual workshop for the first time an appropriate certificate. The Georgia Education Leader ship Academy shall adopt such procedures as may be necessary to verify the attendance at such annual workshops of veteran members of boards of local units of administration. All boards of local units of administration are authorized to pay such board members the same per diem as authorized by local or general law for attendance at regular or spe cial meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board members assume office."
Section 6. Said title is further amended by striking Code Section 20-2-695, relating to attendance officers employed in lieu of visiting teachers, and inserting in its place a new Code section to read as follows:
"20-2-695. A local board of education may employ a person as an attendance officer in lieu of a visiting teacher only if that person had been employed as an attendance offi cer by such local board prior to July 1, 1990. Such an attendance officer must be paid wholly from local funds of the local board. Attendance officers shall not be required to qualify under rules and regulations promulgated by the State Beafd ef- Education Pro fessional Standards Commission for the certification of visiting teachers."
Section 7. Said title is further amended by striking Code Section 20-2-792, relating to definitions regarding the Professional Practices Commission; Code Section 20-2-793, relating to composition of the commission; Code Section 20-2-794, relating to qualifications of members of the commission; Code Section 20-2-796, relating to investigations by the commission; and Code Section 20-2-797, relating to recommendations of the commission as to disciplinary actions; and inserting in their respective places the following:
"20-2-792. As used in this part, the term: (1) 'Commission' means the Professional Practices Commission.
944
JOURNAL OF THE HOUSE,
(2) 'Educator' means teachers and other professional educators of this state who hold certificates issued by the State Beatd ef- Education Professional Standards Com mission.
(3) 'Local board' means the board of education of any local school system. (4) 'Local school system' means any county school system or any independent school system of a municipality. (5) 'Local superintendent' means the school superintendent of any local school sys tem. (6) 'State board* means the State Board of Education. (7) 'State Superintendent' means the State School Superintendent. (8) 'Teaching' means any professional service rendered or performed by an educa tor. 20-2-793. (a) A Professional Practices Commission is created which shall be com posed of 17 members as follows: four elementary schoolteachers, four secondary schoolteachers, one elementary school principal, one secondary school principal, two local superintendents, one representative of the Department of Education, who shall be exempt from paragraphs (3) and (4) of subsection (a) of Code Section 20-2-794, and four professional educators, who shall represent the Georgia education profession at large. (b) A panel of three nominees for each position on the commission shall be submit ted to the State Superintendent by the recognized state-wide professional education organizations. From the submitted list of nominees, the State Superintendent shall rec ommend the appointment of an educator for membership on the commission to the state board, which shall appoint such nominee to the commission for a term of three years. A commissioner shall be eligible for reappointment, but no person shall serve on the commission for more than two full terms. (c) The commission may remove any commissioner from office for neglect of duty, incompetency, or revocation or suspension of his or her certificate issued by the state bea*d Professional Standards Commission or when such commissioner ceases to be employed full time as an educator in the capacity and position from which he or she was appointed. After such removal, or in the event of a vacancy due to death, resigna tion, or for any other reason, the state board shall appoint a successor as provided in this Code section to serve the unexpired term. 20-2-794. (a) To be eligible for appointment as a member of the commission, a per son shall: (1) Be a citizen of the United States and a resident of this state; (2) Be certified by the state bea*d to teach in this state; (3) Be employed in the public schools of this state at the time of appointment; and (4) Have been employed as an educator in the public schools of this state for at least five years immediately preceding his or her appointment.
(b) Immediately after appointment, each member of the commission shall take or subscribe to a written oath or affirmation required by law for state officers.
(c) Members of the commission shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses, not to exceed $59.00 per day, incurred in the performance of their official duties and for mileage at the same rate as state officials and employees. A member of the commission who is an employee of the Department of Education or of a local board shall be permitted to attend commis sion meetings and perform other commission duties without loss of income or other ben efits. A local board which employs a member of the commission and employs a person to replace such member during his or her performance of commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of expenses so incurred.
(d) When acting in good faith in the course of their duties at meetings or hearings of the commission, members shall be privileged in their utterances.
20-2-796. (a) Upon request as provided in subsection (b) of this Code section, the commission shall be authorized to investigate:
(1) Alleged violations by an educator of any law of this state pertaining to educa tors or the profession of education;
FRIDAY, FEBRUARY 15, 1991
945
(2) Alleged violations by an educator of the code of ethics of the commission; (3) Alleged violations by an educator of rules, regulations, or policies of the state board, the commission, the Professional Standards Commission, or a local board; or (4) Complaints alleging a failure by an educator to meet or comply with standards of performance of the commission, the Professional Standards Commission, the state board, or a local board. (b) The commission shall not be authorized, on its own motion, to make an investi gation pursuant to subsection (a) of this Code section but may make such an investiga tion: (1) Upon the request of a local board; (2) Upon the request of the state board or the Professional Standards Commission;
or (3) Upon the request of one or more individual residents of this state.
(c) If the commission agrees to make an investigation pursuant to a request made under paragraphs (2) and (3) of subsection (b) of this Code section and if the proposed investigation involves one or more educators employed by a local board, the commission shall, prior to beginning such investigation, notify, in writing, the local board employing the educators of the following:
(1) The names and addresses of the parties making the complaint that gave rise to the proposed investigation;
(2) The names of the educators employed by the local board who are proposed to be investigated; and
(3) An explanation of the complaint made against the educators employed by the local board. (d) In making an investigation authorized by this Code section, the commission shall:
(1) Be authorized to conduct probable cause and plenary hearings; (2) Have the power to administer oaths and affirmations; and
(3) Have the power to issue subpoenas in the name of the commission to compel the attendance of witnesses and the production of documents and other things to be used as evidence. Such subpoenas shall be served in any manner now or hereafter pro vided for service of subpoenas issued by the superior courts. In the event any person fails or refuses to obey a subpoena issued under this paragraph, such failure or refusal shall constitute contempt of the commission. Upon application by the commission to the superior court of the county wherein such person resides or is found, the superior court shall have power, after notice and hearing, to adjudge such person in contempt and to punish such person by a fine not exceeding $300.00 or by imprisonment not exceeding 20 days or by both such fine and imprisonment and to enter such other orders and take such other action as may be necessary to enforce compliance with and obedience to the subpoena. At such hearing, the person subpoenaed shall be entitled to make any defense and to show any valid reason why he failed or refused to comply with the subpoena.
20-2-797. (a) Upon its completion of any investigation authorized by Code Section 20-2-796, the commission may furnish to the local board er 2 the state board, er beth the Professional Standards Commission, or any combination thereof, findings of fact, conclusions of law, and recommendations. Based on its findings of fact and conclusions of law, the commission may recommend that no action be taken against the educators involved if the commission, in its investigation, found that the complaints against the educators were not justified. If the commission, in its investigation, found justification for the complaints against the educators involved, it may recommend any combination of the following actions:
(1) That the educators be warned or reprimanded;
(2) That the contracts of the educators be terminated, suspended, or not renewed;
or (3) That the certificates of the educators be suspended or revoked,
(b) In addition to making recommendations pursuant to subsection (a) of this Code section, the commission may provide consultative services pertaining to the teaching profession to anyone who has a vested interest in education and make recommendations
946
JOURNAL OF THE HOUSE,
to the state boardz to the Professional Standards Commission, or to local boards which will promote an improvement in the teaching profession. The commission shall be autho rized to hold meetings for the purposes of determining recommendations pursuant to this subsection; and, at such meetings, the commission may receive testimony from edu cators or other persons interested in the improvement of the teaching profession; but the powers provided by subsection (d) of Code Section 20-2-796 may not be exercised pursu ant to the authority of this subsection."
Section 8. Said title is further amended by striking Code Section 20-2-833, relating to payments to student teacher supervisors, and inserting in its place a new Code section to read as follows:
"20-2-833. (a) As used in this Code section, the term: (1) 'Student teaching' means the full-time component of a teacher education pro
gram in which a student preparing for the education profession is jointly assigned by a teacher education institution and a school system, state operated school, or school operated by the United States Department of Defense on a military reservation for classroom experience and which is designated in a teacher education program approved by the Department ef Education Professional Standards Commission as stu dent teaching or internship.
(2) 'Supervising teacher' means a public schoolteacher who is employed by a local board of education, state operated school, or school operated by the United States Department of Defense on a military reservation and who is designated to provide professional supervisory services in the supervision of a specific student teacher.
(3) 'Supervising teacher services certificate' or 'teacher support specialist certifi cate' means a supplementary certificate available from the Department of Education Professional Standards Commission to persons who have completed a supervising teacher or teacher support specialist program approved by the Department ef Educatie commission. (b) The Department ef Education Professional Standards Commission shall establish minimum requirements to be met by each supervising teacher or teacher support spe cialist. (c) The Department of Education shall make payments to supervising teachers or teacher support specialists for each quarter or semester in which services are provided by such personnel as follows as determined by the Professional Standards Commission and in the following amounts:
(1) A teacher who meets the minimum requirements established pursuant to sub section (b) of this Code section and holds a valid supervising teacher or teacher sup port specialist certificate shall receive $750.00 for each such quarter or semester; and
(2) A teacher who meets the minimum requirements established pursuant to sub section (b) of this Code section but does not hold a valid supervising teacher or teacher support specialist certificate shall receive $50.00 for each such quarter or semester. (d) Payments made under this Code section shall be in addition to and not in lieu of any compensation otherwise payable to supervising teachers or teacher support spe cialists. Such payments shall be made from funds appropriated or otherwise available to the Department of Education. In the event that in any fiscal year sufficient funds are not appropriated or available to make the full amount of all payments provided for in this Code section, the payment to each supervising teacher or teacher support specialist shall be reduced pro rata."
Section 9. Said title is further amended by striking subsection (a) of Code Section 20-2-850, relating to teachers' sick leave, and inserting in its place a new subsection to read as follows:
"(a) Each person employed in any public school system of this state in the capacity of teacher, student services support personnel, or administrative and supervisory person nel, hereinafter referred to in this part as 'personnel,' as classified by the State Beard ef- Education Professional Standards Commission pursuant to subsection (a) of Code Section 20-2-200, except county or regional librarians, shall be entitled to sick leave with
FRIDAY, FEBRUARY 15, 1991
947
full pay computed on the basis of one and one-fourth working days for each completed contract month, and all unused sick leave shall be accumulated from one contract year to the next up to a maximum of 45 days, except for additional days which may be accu mulated for the purposes provided for in Code Section 20-2-853. Personnel may utilize sick leave upon the approval of the local school superintendent or an appointed designee for absence due to illness or injury or necessitated by exposure to contagious disease or to illness or death in the immediate family. Personnel shall be charged with sick leave for absence only on days upon which they would otherwise work, and no charge against sick leave shall be made for absence on Sundays, holidays, or other nonwork days."
Section 10. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 20-2-942, relating to nonrenewal of teacher contracts, and inserting in its place a new paragraph to read as follows:
"(4) 'Teacher' means any professional school employee certificated by the State Beard ef Education Professional Standards Commission."
Section 11. Title 47 of the Official Code of Georgia Annotated, relating to retire ment, is amended by striking from Code Section 47-3-1, relating to definitions regarding the Teachers Retirement System of Georgia, paragraph (8.1) and inserting in its place a new paragraph to read as follows:
"(8.1) 'Certified professional personnel' means employees of the State Board of Edu cation or the State Department ef Education Professional Standards Commission who, by policy of the State Board of Education, are required to possess a valid professional certificate issued by the State Department ef Education Professional Standards Com mission."
Section 12. This Act shall become effective on July 1, 1991, except that this Act shall become effective upon its approval by the Governor or upon its becoming law with out such approval only for purposes of the Governor's making the initial appointments to the Professional Standards Commission.
Section 13. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
YBalkcom YBarfoot Y Bargeron Y Barnett.B Y Barnett.M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Y Canty Y Carrell Y Carter
Y Chafin Y Chambless
Cheeks Y Childers Y Clark.E Y Clark,H
ClarkJL Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y CummingstB
Cummings,M Y Davis,G Y Davis.M Y Diion,H
Y Dixon,S YDobbs Y Dover YDunn
Y Edwards
Y EUiott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
YFlynt YGodbee
Y Golden Y Goodwin
Y Green Greene
Y Griffin Y Groover Y Hamilton
Hamroond Manner Y Harris,B
Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson
Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann
Y Martin Y McCoy
McKelvey
McKinney.B Y McKinney.C
Y Meadows Y Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A
948
JOURNAL OF THE HOUSE,
Y Powell,C Y Purcell
YRandall YRay Y Reaves
Redding Y Ricketson Y Royal YSelman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil.F
Y Stancil,S Stanley
Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M
Thomas,N Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Greene of the 130th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HR 189. By Representatives Valenti of the 52nd, Childers of the 15th and Chambless of the 133rd:
A resolution urging the members of the Georgia congressional delegation to take certain actions to improve and enhance the Medicaid program.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett.M
Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell
Y Carter Y Chafm Y Chambless
Cheeks Y Childers Y Clark.E Y Clark.H
Clark,L Y Coker Y Coleman
Colwell Y Connell Y Culbreth
Y Cummings,B Cummings.M
Y Davis,G Y Davis,M Y Diion,H
Diion.S Y Dobbs Y Dover Y Dunn Y Edwards Y EUiott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore Y King
Kingston Y Klein
YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee NLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y 01iver,M YOrr Y Orrock Y Padgett YParham Y Parrish N Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith,L
Y Smith.P Y Smith.T Y Smith.W
Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Tumquest Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams.R
Y Yeargin Murphy.Spkr
On the adoption of the Resolution, the ayes were 158, nays 2. The Resolution, having received the requisite constitutional majority, was adopted.
FRIDAY, FEBRUARY 15, 1991
949
HB 657. By Representative Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide that the interest income from cer tain reserve funds may be used to pay operating costs until June 30, 1994.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 658. By Representative Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide for the preparation, filing, availabil ity, and public notice of the Authority's annual report and certain listings.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Judiciary and referred to the Committee on Industrial Relations:
HB 550. By Representatives Smyre of the 92nd, Oliver of the 53rd, McKelvey of the 15th and Martin of the 26th:
A bill to amend Part 1 of Article 6 of Chapter 9 of Title 34, relating to the payment of compensation for medical attention, so as to authorize the assess ment of a penalty against an employer for the failure to pay medical benefits within a certain time period; and for other purposes.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 389. By Representatives Lucas of the 102nd, Clark of the 13th and Green of the 106th:
A bill to amend Code Section 31-7-263 of the Official Code of Georgia Anno tated, relating to contested cases for licensure of directors of personal care homes for purposes of the "Georgia Administrative Procedure Act," so as to provide that hearing officers may have certain powers and duties in certain circumstances.
The following Committee substitute was read:
A BILL
To amend Code Section 31-7-263 of the Official Code of Georgia Annotated, relating to contested cases for licensure of directors and approval of employees of personal care homes for purposes of the "Georgia Administrative Procedure Act," so as to provide that hearing officers may have certain powers and duties in certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
950
JOURNAL OF THE HOUSE,
Section 1. Code Section 31-7-263 of the Official Code of Georgia Annotated, relating to contested cases for licensure of directors of personal care homes for purposes of the "Georgia Administrative Procedure Act," is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 31-7-263 to read as follows:
"31-7-263. A determination by the department regarding preliminary or fingerprint records checks under this article or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination; shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Pro cedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any party, the hearing officer may, in his dis cretion, consider matters in mitigation of any conviction, provided the hearing officer examines the circumstances of the case and makes an independent finding that no phys ical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing officer deems a hearing to be appropriate, he will also notify at least 30 days prior to such hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license or employment as contemplated within this title. If objections are made, the hearing officer will take such objections into consideration in considering the case."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Walker of the 115th, Groover of the 99th and Lucas of the 102nd move to amend the Committee substitute to HB 389 as follows:
By adding on line 17, page 2 the following:
"If the hearing officer determines that no hearing in mitigation is justified, or, if after the hearing, rules against the party seeking mitigation, then in either of those events the hearing officer's determinations shall be conclusive and final and not subject to further review."
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 104, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
HB 526. By Representatives Aiken of the 21st, Vaughan of the 20th and Coker of the 21st:
A bill to amend Article 2 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to traffic signs, signals, and markings, so as to provide that it shall be unlawful for any person to place or install any blue retroreflective raised pavement marker on any public highway, road, or street.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
FRIDAY, FEBRUARY 15, 1991
951
On the passage of the Bill, the ayes were 101, nays 0. The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House:
HB 179. By Representatives Parham of the 105th, Parrish of the 109th, Chafin of the 72nd, Atkins of the 21st and Twiggs of the 4th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to include as Schedule III con trolled substances anabolic steroids and certain other substances which promote muscle growth.
HB 423. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to change the definition of "resident" with regard to registration and licensing require ments.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
HB 387. By Representatives Griffin of the 6th and Ricketson of the 82nd:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to provisions affecting insurance generally, so as to increase the amount for which a guaranteed arrest bond certificate may be issued.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 560. By Representative Colwell of the 4th:
A bill to amend an Act entitled "To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceed ings, so as to provide a definition of incorrigible child; to provide for the right to counsel of a child who has been determined by the Department of Human Resources to be incorrigible".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 1.
952
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
SR 96. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd:
A resolution authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; to provide an effective date.
The following amendment was read and adopted:
The Committee on State Institutions and Property moves to amend SR 96 by adding between lines 8 and 9 on page 2 the following:
"WHEREAS, a portion of the above-described right of way was subsequently utilized in the construction of the roadway; and".
By striking in their entirety lines 14 and 15 on page 2, which read as follows:
"WHEREAS, the above-described property was abandoned and has reverted back to the State of Georgia; and".
By striking in their entirety lines 16 through 18 on page 2, which read as follows:
"WHEREAS, Chatham County is desirous of obtaining the above-described property for the purposes of constructing a bike and hiking trail.",
and inserting in lieu thereof the following:
"WHEREAS, Chatham County is desirous of obtaining the remaining portion of the property which is not used for a roadway for the purposes of constructing a public hiking and hiking trail."
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd
Campbell Canty Y Carrell Y Carter
Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H
Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis.M Y Dixon.H
Y Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton N Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden
Y Goodwin Green
Y Greene Griffin
Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit
Y Pinholster Pinks ton
YPoag Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F
FRIDAY, FEBRUARY 15, 1991
953
Y Stancil.S Y Stanley Y Stephens
Y Streat Taylor
YTeper
Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Titus Y Tolbert
Y Townsend Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J
Y Walker,L Y Wall
Ware Y Watson Y Watts Y White
Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, as amended, the ayes were 158, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
Representative Aiken of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 320. By Representative Byrd of the 153rd:
A resolution commending and recognizing Future Farmers of America of Georgia and inviting its president to appear and be recognized before the House of Representatives.
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 292 Do Pass
Respectfully submitted, /a/ Lee of the 72nd
Chairman
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 262. By Representatives Abernathy of the 39th, Walker of the 115th, Lee of the 72nd, Thurmond of the 67th, Smyre of the 92nd and others:
A resolution honoring Dave Christopher Justice and inviting him to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 319. By Representatives Walker of the 115th, Ray of the 98th and Groover of the 99th:
A resolution commending William T. Roberts.
HR 321. By Representative Green of the 106th:
A resolution expressing support for the men and women of Putnam County serving in Operation Desert Storm and their families.
954
JOURNAL OF THE HOUSE,
HR 322. By Representative Green of the 106th:
A resolution expressing support for the men and women of Hancock County serving in Operation Desert Storm and their families.
HR 323. By Representative Green of the 106th: A resolution commending Chip Andrews.
HR 324. By Representative Poston of the 2nd: A resolution expressing regret at the passing of Mr. Zuma B. Richardson, Jr.
HR 325. By Representative Barnett of the 59th:
A resolution recognizing and commending the Georgia Eta Chapter of Sigma Phi Epsilon Fraternity.
HR 326. By Representatives Dixon of the 128th, Hamilton of the 124th, Mueller of the 126th, Pelote of the 127th, Bordeaux of the 122nd and others:
A resolution expressing regret at the untimely passing of Dr. Ronald Wayne Bland.
HR 327. By Representatives Brooks of the 34th, Williams of the 54th, Thomas of the 55th, Baker of the 51st, Stanley of the 33rd and others:
A resolution expressing regret at the passing of Dr. Ralph David Abernathy.
HR 328. By Representatives Patten of the 149th, Carter of the 146th, Floyd of the 154th, Reaves of the 147th and Long of the 142nd:
A resolution recognizing and commending the Georgia Tree Farm Program.
HR 329. By Representatives Orr of the 9th, Breedlove of the 60th, Wall of the 61st, Lawson of the 9th, Jackson of the 9th and others:
A resolution expressing support for the men and women of Gwinnett County serving in Operation Desert Storm and their families.
HR 330. By Representatives Hammond of the 20th, Mills of the 20th, Vaughan of the 20th, Coker of the 21st, Atkins of the 21st and others:
A resolution expressing support for Lieutenant Colonel Brian Johnstone upon his deployment to the Persian Gulf.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 331. By Representatives Pinholster of the 8th and Stancil of the 8th:
A resolution commending the Reinhardt College Choir and inviting the choir to appear before the House.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
FRIDAY, FEBRUARY 15, 1991
955
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:
HR 299. By Representatives Murphy of the 18th, Walker of the 115th, Groover of the 99th, Connell of the 87th and Lee of the 72nd:
A resolution relative to adjournment.
Pursuant to HR 299, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 18, 1991
956
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Monday, February 18, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend James R. Osborn, Pastor, Manor United Method ist Circuit, Douglas, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the com mittees:
HB 760. By Representatives Chambless of the 133rd and Cheeks of the 89th: A bill to amend Chapter 6 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of beneficiaries of the United States Department of Veterans Affairs, so as to change the provisions on compensation of guard ians.
Referred to the Committee on Judiciary.
HB 761. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to change the definitions of certain terms used in Title 11; to change the provisions relating to an issuer's duty and privilege to honor a draft or demand and the right to reimbursement; to revise Article 8, relating to investment securities.
Referred to the Committee on Judiciary.
MONDAY, FEBRUARY 18, 1991
957
HB 762. By Representative Floyd of the 154th:
A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to amend the provisions relating to the territorial application of Title 11 and parties' power to choose applica ble law; to change the provisions relating to limitations on the scope of Arti cle 3 of Title 11; to change the definition of the term "item" as used in Article 4 of Title 11.
Referred to the Committee on Banks & Banking.
HB 763. By Representative Colwell of the 4th:
A bill to amend Chapter 10 of Title 42 of the Official Code of Georgia Anno tated, the "Correctional Industries Act," so as to provide that any compensa tion paid to the executive officer of the Georgia Correctional Industries Administration shall be paid from earnings of the administration and not from appropriations.
Referred to the Committee on State Institutions & Property.
HB 764. By Representatives Dixon of the 151st and Blitch of the 150th:
A bill to amend an Act creating the Downtown Waycross Development Authority, so as to change the composition of the Authority; to provide for the term of office of the additional member; to authorize the Authority to contract with Ware County for the collection of any taxes levied by the Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 765. By Representative Alford of the 57th:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Anno tated, relating to the control of soil erosion and sedimentation, so as to alter a certain definition; to provide that a local jurisdiction may approve a natu ral vegetative buffer zone around stream banks under certain conditions.
Referred to the Committee on Natural Resources & Environment.
HB 766. By Representatives Jamieson of the llth, Dover of the llth and Beatty of the 12th:
A bill to amend an Act providing a salary for the coroner of Banks County, so as to change the compensation of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 767. By Representatives Titus of the 143rd and Adams of the 79th:
A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion in general, so as to provide that a woman shall be informed about the use of anesthetics or analgesics if the physician reasonably believes that an abortion will cause organic pain to the unborn child.
Referred to the Committee on Health & Ecology.
958
JOURNAL OF THE HOUSE,
HB 768. By Representatives Jones of the 71st, Thurmond of the 67th, Stancil of the 8th, Hamilton of the 124th and Kilgore of the 42nd:
A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide for eligibility for certain school sponsored programs or activities for which some or all of the activities are outside the academic day.
Referred to the Committee on Education.
HB 769. By Representatives Dunn of the 73rd and Ware of the 77th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to establish standards and requirements for the operation of multiple employer self-insured health plans.
Referred to the Committee on Insurance.
HB 777. By Representatives Dunn of the 73rd, Connell of the 87th, Pettit of the 19th, Lupton of the 25th, Edwards of the 112th and others:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to authorize the operation of pari-mutuel race tracks in this state; to provide for purpose; to authorize pari-mutuel wagering on thoroughbred horse racing, standardbred horse racing, quarter horse rac ing, arabian horse racing, and appaloosa horse racing.
Referred to the Committee on Industry.
HR 332. By Representatives Walker of the 115th, Murphy of the 18th, Porter of the 119th, Watson of the 114th, Lee of the 72nd and others:
A resolution proposing an amendment to the Constitution so as to provide that future members of the Public Service Commission shall be appointed by the Governor from among nominees who are nominated on the basis of their qualifications with respect to ability to rule impartially and knowledgeably on matters involving regulation of utilities with the goal of ensuring adequate utility supplies at the lowest practical rates.
Referred to the Committee on Industry.
HR 333. By Representative Orr of the 9th:
A resolution creating the Joint Study Committee for the Well-being of Georgia's Children.
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 729 HB 730 HB 731 HB 732 HB 733 HB 734 HB 735 HB 736
HB 737 HB 738 HB 740 HB 741 HB 742 HB 743 HB 744 HB 745
MONDAY, FEBRUARY 18, 1991
959
HB 746 HB 747 HB 748 HB 749 HB 750 HHBR 775*19
HHHRBB T7755O34
HB 755
HB 756
HB 757
HB 758
HB 759 HR 317 HR 318 SB 104 SB 105 oKn i noA
SeSBnB 111089112
SB 212
SB 293
SB 298
SR 70
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 293 Do Pass HR 298 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 553 Do Pass HB 699 Do Pass
HB 700 Do Pass HB 701 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 18, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enu merated below:
HB 264 Ad Valorem Tax; Appraisal Staff; Access to Property HB 514 Gas Utilities; Rate-Making Proceedings; Accounting Methods HB 528 Mechanics' & Materialmen's Liens; Waiver and Bond Rights
960
JOURNAL OF THE HOUSE,
HB 616 Water Well Standards Advisory Council; Continuation HB 642 Georgia Basic Health Insurance Plan; Enact
HR 18 Drew, Mrs. Margaret; Compensate HR 32 Fiscal Year; April 1 - March 31; Authorization - CA HR 40 Thomason, James; Compensate HR 42 Heartstedt, Edmund J.; Compensate HR 107 Hargus, Ms. Wilma G.; Compensate HR 109 Daniel, Gary J.; Compensate HR 157 Lorenzo Benn Youth Development Center; Designate HR 285 Airports Study Committee; Create
SB 98 Stone Mountain Memorial Association; Add Members
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:
HB 553. By Representative Breedlove of the 60th:
A bill to amend an Act providing a new charter for the City of Norcross, so as to establish a council-manager form of government.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 699. By Representative Morsberger of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to lengthen the period of time for which the city may grant a franchise.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 700. By Representatives Watson of the 114th, Walker of the 113th and Walker of the 115th:
A bill to amend an Act creating a board of commissioners of Houston County, so as to repeal a certain provision which requires the chairman of the board of commissioners to publish annually a detailed statement account ing for the expenditures from the chairman's expense account; to change the provisions relating to the filling of a vacancy in the chairman post.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
MONDAY, FEBRUARY 18, 1991
961
On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 701. By Representative Smith of the 78th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the provisions relating to the election of the mayor and mem bers of the city council.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 93. By Senator Johnson of the 47th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resuscitate certain patients; to provide legislative findings; to provide defi nitions; to provide for certain presumptions; to provide for the legality of cer tain orders not to resuscitate.
SB 131. By Senator Burton of the 5th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to issuance of bad checks, so as to change the definition of the term "present consideration".
SB 209. By Senators Taylor of the 12th, Olmstead of the 26th and Harris of the 27th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning, so as to require notification of certain acquisitions and provide fines relating thereto; to provide for limitations upon the times when applications for certificates of need for certain facilities may be made and provide for notifications and determinations relating thereto; to provide for agreements to provide clinical health services to indi gent persons and provide penalties relating thereto.
SB 224. By Senator Dawkins of the 45th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to authorize the judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of any such county, to contract with certain enti ties to provide probation services or to establish a county probation system with respect to persons sentenced for misdemeanors in the probate or magis trate courts in such county.
962
JOURNAL OF THE HOUSE,
SB 230. By Senators Pollard of the 24th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses involving theft, so as to enact the "Motor Vehicle Chop Shop and Stolen and Altered Property Act"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for offenses and penalties.
SB 236. By Senators Kidd of the 25th, Garner of the 30th and Bowen of the 13th:
A bill to amend Article 10 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to dedication of property, so as to provide requirements for the construction of a funeral establishment on property which has previously been dedicated for use as a cemetery.
SB 76. By Senator Thompson of the 33rd:
A bill to amend an Act providing a new charter for the City of Austell, as amended, so as to change certain provisions relating to the ineligibility of the mayor and council members from holding certain positions; to delete all pro visions relating to the position of city manager; to create the position of administrative supervisor and provide for matters relative to such office.
SB 80. By Senator Thompson of the 33rd:
A bill to increase the amount of the homestead exemption from City of Austell ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of the City of Austell actually occupied by the owner as a residence and homestead.
HB 619. By Representative Ray of the 98th:
A bill to amend an Act providing a new charter for the City of Fort Valley, so as to change the time for holding municipal elections; to change the quali fications for office of mayor or alderman.
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:
SR 140. By Senator Echols of the 6th:
A resolution authorizing the conveyance of certain state owned real property located in Brantley County, Georgia, to the Brantley County Board of Edu cation; to provide an effective date.
SR 159. By Senators Deal of the 49th, Foster of the 50th and Johnson of the 47th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a source of revenue other than ad valo rem taxes for local school systems by authorizing the county governing authorities to impose a special 1 percent sales and use tax for capital outlay projects for educational purposes; to provide for the submission of this amendment for ratification or rejection.
HR 294. By Representatives Buckner of the 72nd, Benefield of the 72nd, Chafin of the 72nd, King of the 72nd and Lee of the 72nd:
A resolution commending and recognizing the Clayton County Motor Vehicle Tag Department.
MONDAY, FEBRUARY 18, 1991
963
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 76. By Senator Thompson of the 33rd:
A bill to amend an Act providing a new charter for the City of Austell, as amended, so as to change certain provisions relating to the ineligibility of the mayor and council members from holding certain positions; to delete all pro visions relating to the position of city manager; to create the position of administrative supervisor and provide for matters relative to such office.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 80. By Senator Thompson of the 33rd:
A bill to increase the amount of the homestead exemption from City of Austell ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of the City of Austell actually occupied by the owner as a residence and homestead.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 93. By Senator Johnson of the 47th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to add a new chapter authorizing and regulating orders not to resuscitate certain patients; to provide legislative findings; to provide defi nitions; to provide for certain presumptions; to provide for the legality of cer tain orders not to resuscitate.
Referred to the Committee on Health & Ecology.
SB 131. By Senator Burton of the 5th:
A bill to amend Code Section 16-9-20 of the Official Code of Georgia Anno tated, relating to issuance of bad checks, so as to change the definition of the term "present consideration".
Referred to the Committee on Banks & Banking.
SB 209. By Senators Taylor of the 12th, Olmstead of the 26th and Harris of the 27th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning, so as to require notification of certain acquisitions and provide fines relating thereto; to provide for limitations upon the times when applications for certificates of need for certain facilities may be made and provide for notifications and determinations relating thereto; to provide for agreements to provide clinical health services to indi gent persons and provide penalties relating thereto.
Referred to the Committee on Health & Ecology.
SB 224. By Senator Dawkins of the 45th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to authorize the judge of the probate court or chief magistrate of the magistrate court of any county, with the approval of the governing authority of any such county, to contract with certain enti ties to provide probation services or to establish a county probation system with respect to persons sentenced for misdemeanors in the probate or magis trate courts in such county.
Referred to the Committee on Judiciary.
964
JOURNAL OF THE HOUSE,
SB 230. By Senators Pollard of the 24th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses involving theft, so as to enact the "Motor Vehicle Chop Shop and Stolen and Altered Property Act"; to provide for a short title; to provide for legislative intent; to provide for definitions; to provide for offenses and penalties.
Referred to the Committee on Motor Vehicles.
SB 236. By Senators Kidd of the 25th, Garner of the 30th and Bowen of the 13th:
A bill to amend Article 10 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to dedication of property, so as to provide requirements for the construction of a funeral establishment on property which has previously been dedicated for use as a cemetery.
Referred to the Committee on Industry.
SR 140. By Senator Echols of the 6th:
A resolution authorizing the conveyance of certain state owned real property located in Brantley County, Georgia, to the Brantley County Board of Edu cation; to provide an effective date.
Referred to the Committee on State Institutions & Property.
SR 159. By Senators Deal of the 49th, Foster of the 50th and Johnson of the 47th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a source of revenue other than ad valo rem taxes for local school systems by authorizing the county governing authorities to impose a special 1 percent sales and use tax for capital outlay projects for educational purposes; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:
HB 528. By Representatives Dobbs of the 74th, Walker of the 115th, Watson of the 114th, Alford of the 57th, Colwell of the 4th and others:
A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials.
The following Committee substitute was read and adopted:
A BILL
To amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mechanics' and materialmen's liens, so as to provide for the preclusion of the waiver of mechanics' lien and bond rights in advance of performance of labor or provision of materials; to provide a form for a partial waiver of lien and bond
MONDAY, FEBRUARY 18, 1991
965
rights in connection with progress payments; to provide a form for a final waiver of lien and bond rights in connection with final payment; to provide for exceptions; 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. Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Geor gia Annotated, relating to mechanics' and materialmen's liens, is amended by adding a new Code Section 44-14-366 to read as follows:
"44-14-366. (a) A right to claim a lien or to claim upon a bond may not be waived in advance of furnishing of labor, services, or materials. Any purported waiver or release of lien or bond claim or of this Code section executed or made in advance of furnishing of labor, services, or materials is null, void, and unenforceable.
(b) No oral or written statement purporting to waive, release, impair, or otherwise adversely affect a lien or bond claim is enforceable or creates an estoppel or impairment of claim of lien or claim upon a bond unless:
(1) It is pursuant to a waiver and release form duly executed by claimant pre scribed below; and
(2) The claimant has actually received payment in full for the claim. The receipt of a check is not full payment until funds are paid to the claimant.
(c) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment of a progress payment, the waiver and release must follow
substantially the following form:
CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
STATE OF GEORGIA
COUNTY OF
The undersigned mechanic and/or materialman has been employed by
_______________________ (name of contractor) to furnish
______________________ (describe materials and/or labor) for the con
struction of improvements known as _______________________ (title of
the project or building) which is located in the City of
__________________________,
County
of
________________________,
and
is
owned
by
________ (name of owner) and more particularly
described as follows:
(DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE
MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE
LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS
OF THE PROJECT.)
Upon the receipt of the sum of $_____________, the mechanic and/or
materialman waives and releases any and all liens or claims of liens it has upon the
foregoing
described
property
through
the
date
of
_____________________ (date) and excepting those rights and liens that
the mechanic and/or materialman might have in any retained amounts, on account of
labor or materials, or both, furnished by the undersigned to or on account of said con
tractor for said building or premises.
Given under hand and seal this ______________ day of
_______________________, 19__. _______________________(Seal)
(Witness) (Address)
66
JOURNAL OF THE HOUSE,
(d) When a claimant is requested to execute a waiver and release in exchange for or in order to induce payment of final payment, the waiver and release must follow sub stantially the following form:
UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
STATE OF GEORGIA
COUNTY OF ____ ___
The undersigned mechanic and/or materialman has been employed by
________________________ (name of contractor) to furnish
_______________________ (describe materials and/or labor) for the con
struction of improvements known as _______________________ (title of
the project or building) which is located in the City of
________________________,
County
of
________________________,
and
is
owned
by
__________________________ (name of owner) and more particularly
described as follows:
(DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.) Upon the receipt of the sum of $______________, the mechanic and/or materialman waives and releases any and all liens or claims of liens or any right against any labor and/or material bond it has upon the foregoing described property. Given under hand and seal this __________ day of
_______________________, 19__. _______________________(Seal)
(Witness)
(Address)
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT YET BEEN PAID, USE A CONDITIONAL RELEASE FORM."
Section 2. This Act shall become effective on January 1,1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken YAlford Y Atkins
Baker
Balkcom Barfoot Y Bargeron YBamett.B Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown Y Brush Y Buck
Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter
MONDAY, FEBRUARY 18, 1991
967
Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H Y Clark,L Y Coker
Coleman Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Davis.G Y Davis.M Y Diion,H Y Diion.S YDobbs Y Dover Y Dunn Edwards Elliott Y Felton Y Fennel Y Floyd,J.M Y FloydJ.W Flynt
Y Godbee Y Golden
Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harri8,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein
YLadd Y Lane,D
Y Lane.R
Y Langford Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Meadows Y Merritt
YMilam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr YOrrock
Y Padgett Y Parham
Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F
Y Stancil,S Stanley Stephens
Y Streat Y Taylor Y Teper
Thomas.C Thomas,M Y Thomas.N Thurmond Y Titus Y Tolbert Y Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder
Williams,B Williams,,!
Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 292. By Representative Ricketson of the 82nd:
A resolution commending the Lincoln County High School Red Devils football team and inviting the team to appear before the House of Represen tatives.
HR 293. By Representatives Buckner of the 72nd, Chafin of the 72nd, King of the 72nd, Benefield of the 72nd and Lee of the 72nd:
A resolution honoring Pfc. Charles Scott Walker and inviting his family to appear.
HR 298. By Representative Streat of the 139th
A resolution honoring Paul William Elliott and inviting him to appear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
968
JOURNAL OF THE HOUSE,
HR 285. By Representative Lane of the 27th: A resolution creating the Airports Study Committee.
The following Committee substitute was read:
A RESOLUTION
Creating the Airports Study Committee; and for other purposes.
WHEREAS, the proposed creation of a second airport to serve the Atlanta metropoli tan area has been of great interest in the General Assembly at the 1991 session; and
WHEREAS, the law granting broad powers to counties and municipalities to acquire land for the construction, expansion, operation, and maintenance of airports was originally adopted in 1933; and
WHEREAS, the General Assembly should review this law to determine if any revision is necessary or advisable; and
WHEREAS, the General Assembly should also consider the need for the creation of public authorities to operate, manage, and control airports in Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Airports Study Committee to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives and three members of the Senate appointed by the President of the Senate. The speaker shall designate a member of the committee as chairman. The chair man shall call all meetings of the committee.
BE IT FURTHER RESOLVED that the committee shall undertake a study of any matters reasonably related to the acquisition of land for the construction or expansion of airports, factors relative to the selection of locations for airports, the operation and main tenance of airports, and the feasibility of creating airport authorities to manage, control, and operate airports. 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 effec tively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legis lative members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized by the Speaker of the House of Rep resentatives and the President of the Senate. The funds necessary to carry out the provi sions of this resolution shall come from the funds of the legislative branch of government. In the event the committee makes a report of its findings and recommendations, with sug gestions for proposed legislation, if any, such report shall be made on or before December 1, 1991, on which date the committee shall stand abolished.
The following amendment was read and adopted:
Representatives Jenkins of the 80th and Barnett of the 10th move to amend the Com mittee substitute to HR 285 as follows:
Strike on page 1, line 18 the word "three" and insert in lieu thereof the word "five" and strike on page 1, line 20 the word "three" and insert in lieu thereof the word "five".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, as amended.
MONDAY, FEBRUARY 18, 1991
969
On the adoption of the Resolution, by substitute, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom Barfoot
Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H
Y Clark,L Y Coker
Y Coleman Colwell
Y Connell Y Culbreth
Y Cummings.B Y Cummings.M
Davis,G Y Davis.M Y Diion,H Y Dixon.S YDobbs Y Dover Y Dunn Y Edwards
Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston
Y Klein YLadd Y Lane,D
Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann
Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett YParham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
Poag Y Porter
Y Poston Y Powell,A
Y Powell.C Y Purcell
Randall
Ray Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper Y Smith.L
Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S
Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas,N
Thurmond Y Titus
Y Tolbert Y Townsend
Turnquest
Twiggs Y Valenti Y Vaughan
Y Walker,J Walker,L
Y Wall YWare Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams.R
Y Yeargin Murphy.Spkr
On the adoption of the Resolution, by substitute, as amended, the ayes were 152, nays
0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute, as amended.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 616. By Representatives Carter of the 146th and Patten of the 149th:
A bill to amend Part 3 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water well standards, so as to con tinue the State Water Well Standards Advisory Council.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Balkcom
Barfoot Bargeron Y Barnett,B Y Bamett,M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks
Y Brown Brush
YBuck Y Buckner YByrd Y Campbell
Canty
Y Carrell Y Carter YChafin Y Chambless
Y Cheeks Y Childers Y Clark,E
970
JOURNAL OF THE HOUSE,
Y Claik,H Y Clark,L Y Coker Y Coleman Y ColweU Y Connell Y Culbreth
Y Cumraing8,B Y Cummings,M
Davis.G Y Davis.M Y Dixon,H
Y Dixon.S YDobbs Y Dover
Dunn Y Edwards
Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin
Y Groover Hamilton
Y Hammond Y Hanner Y Harria,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein
YLadd YLane.D
Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Lupton YMann Y Martin
YMcCoy Y McKelvey
McKinney.B Y McKinney.C N Meadows Y Merritt YMilam
Y Mills Y Mobley Y Moody Y Morsberger N Moultrie Y Mueller Y Oliver.C
01iver,M YOrr Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote
Y Perry Y Pettit Y Pinholater
Pinkston YPoag Y Porter YPoston
Y PowelU Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal YSelman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P
Smith.T Y Smith.W
YSmyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Stephens YStreat Y Taylor Y Teper Y Thomas.C
Thomas,M Y Thomas,N
Thurmond Y Titus
Tolbert Y Townsend Y Turnquest YTwiggs Y Valenti
Y Vaughan Y WalkerJ
Walker.L Y Wall Y Ware
Watson
Y Watts White
Y Wilder Y Williams.B
Williams.J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 150, nays 2. The Bill, having received the requisite constitutional majority, was passed.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Thomas of the 31st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 514. By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to provide accounting methods to be used by gas utilities in rate-making proceedings.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker
Balkcom Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield
Y Birdsong Y Blitch
Y Bordeaux Y Bostick
Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty
Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark,H Y Clark,L
Coker Y Coleman Y ColweU Y Connell Y Culbreth
Y Cummings,B Y Cummings,M
Davis.G Y Davis,M
Y DUon,H Diion.S Dobbs Dover
YDunn Y Edwards
Elliott Y Felton
Fennel Y Floyd,J.M
Y Floyd,J.W
YFlynt YGodbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond
Hanner
Y Harris,B Y Harris,J
MONDAY, FEBRUARY 18, 1991
971
Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing
Kingston Y Klein YLadd Y Lane,D
Lane,R Y Langford Y Lawrence
Y Lawson YLee YLong YLord
Lucas
Lupton YMann
Y Martin Y McCoy Y McKelvey
McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock Y Padgett YParham Y Parrish
Patten Y Pelote Y Perry Y Pettit
Pinholster Pinks ton
YPoag Y Porter Y Poston Y Powell,A
Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding
Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P Y Smith,T Y Smith,W YSmyre YSnow Y Stancil,F
Y Stancil.S Stanley
Y Stephens Y Streat Y Taylor
Teper
Y Thomas.C Thomas,M
Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J Y Williams.R
Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representatives Coker of the 21st and Stanley of the 33rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
SB 98. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to the Stone Mountain Memorial Associ ation, so as to add two members to the association; to change provisions relating to the selection and terms of service of members; to provide an effec tive date.
The following amendment was read and lost:
Representative Tolbert of the 58th moves to amend SB 98 by adding immediately before the period on line 19 of page 1 the following:
"and one of whom shall be a resident of DeKalb County".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Barfoot Y Bargeron Y Bamett,B Y Barnett,M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Boatick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Y Canty
Y Carrell
Y Carter Y Chafm
Y Chambless Y Cheeks Y Childers Y Clark,B Y Clark.H
Clark,L Coker Y Coleman Y Colwell Y Connell Y Culbreth
Y Cummings,B Y Cummings,M
Davis.G Y Davis,M
Y Dixon.H Y Dixon,S Y Dobbs Y Dover YDunn Y Edwards
Elliott Y Felton Y Fennel
Y Floyd,J.M
Y Floyd,J.W YFlynt Y Godbee
Golden Y Goodwin
Green Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Hanner
Y Harris,B
Y Harris.J
972
JOURNAL OF THE HOUSE,
Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence
Y Lawson
YLee YLong YLord
Lucas Y Lupton YMann Y Martin
YMcCoy Y McKelvey
McKinney.B Y McKinney.C
Y Meadows Y Merritt YMilam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y 01iver,M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter YPoston
Y Powell,A Y Powell,C Y Purcell
Randall Ray Y Reaves Y Redding
Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith,L Y Smith,? Y Smith.T
Smith.W Y Smyre
Snow
Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor
Teper Y Thomas.C
Thomas.M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L
YWall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams,R
Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 150, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Lawrence of the 49th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 98.
Representative Coker of the 21st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on State Planning and Community Affairs - Local and referred to the Committee on Retirement:
HB 724. By Representatives Selman of the 32nd, Lane of the 27th, McKinney of the 35th, Felton of the 22nd, Hightower of the 36th and others:
A bill to amend an Act providing in Fulton County a system of the Board of Education of Fulton County, so as to provide for a semiannual adjustment of retirement or pension benefits for certain teachers and employees.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 18. By Representatives Aiken of the 21st and Vaughan of the 20th: A resolution compensating Mrs. Margaret Drew.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Abernathy Y Adams Y Aiken
Y Alford Atkins
Y Baker
Balkcom Barfoot
Y Bargeron
Barnett.B Y Barnett,M
Bates
Y Beatty Y Benefield
Y Birdsong
MONDAY, FEBRUARY 18, 1991
973
Y Blitch Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y CampbeU
Canty YCarrell Y Carter Y Chafm Y Chambless
Y Cheeks Y Childere Y Clark,E Y Clark.H
Clark.L Y Coker Y Coleman Y Colwell Y Connell
Culbreth Y Cummings,B Y Cummings.M
Davis.G N Davis.M Y Don,H Y Diion,S
YDobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt N Godbee
Y Golden Y Goodwin
Y Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond
Manner
Y Harris,B Y HarrisJ Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Y Hudson Ylrwin
Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann
Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Padgett YParham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Poag Y Porter Y Poston Powell,A Y Powell.C Y Purcell Randall YRay Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith,L Y Smith.P Y Smith.T Y Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley
Y Stephens Y Streat Y Taylor
Teper Y Thomas.C
Thomas,M Y Thomas,N Y Thurmond Y Titus
Y Tolbert Townsend
Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams,R
Yeargin Murphy,Spkr
On the adoption of the Resolution, the ayes were 141, nays 3. The Resolution, having received the requisite constitutional majority, was adopted.
HR 157. By Representatives Holmes of the 28th, McKinney of the 35th, Orrock of the 30th, Sinkfield of the 37th, Hightower of the 36th and others:
A resolution designating the Lorenzo Benn Youth Development Center.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 40. By Representatives Dover of the llth and Jamieson of the llth: A resolution compensating Mr. James Thomason.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Balkcom Barfoot Y Bargeron
Y Barnett,B
Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Bordeaux
Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark,E Y Clark,H
Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Davis.G
974
JOURNAL OF THE HOUSE,
N Davis.M Dixon.H
Y Dixon,S YDobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris,B
Y Harris,J Heard
Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas Y Lupton YMann
Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Parham Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston
Powell,A Powell.C Y Purcell Y Randall
YRay Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper Y Smith,L Y Smith.P Y Smith.T
Smith,W YSmyre
YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor
Teper
Y Thomas.C Thomas,M
Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest
YTwiggs Y Valenti
Y Vaughan Walker ,J Walker,L
Y Wall Ware
Y Watson
Y Watts White
Y Wilder Williams.B Williams.J Williams,R
Y Yeargin Murphy,Spkr
On the adoption of the Resolution, the ayes were 145, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.
HR 42. By Representative Barnett of the 10th: A resolution compensating Mr. Edmund J. Heartstedt.
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 42 as follows:
By striking on page 1, line 12 and page 1, line 21 the figure $1,546.13 and inserting in lieu thereof the figure $454.63.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield
Y Birdsong Blitch Bordeaux
Y Bostick Y Branch Y Breedlove
Y Brooks
Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Clark,L
Y Coker Coleman
Y Colwell Y Connell
Y Culbreth
Y Cummings,B Y Cummings.M
Davis.G N Davis.M
Dixon,H
Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
Elliott
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene
Y Griffin Y Groover Y Hamilton Y Hammond
Y Hanner Y Harris.B Y Harris,J
Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Kingston
Y Klein
YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B Y McKinney.C
Y Meadows
MONDAY, FEBRUARY 18, 1991
975
Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett
Parham Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston
Powell.A
Powell,C Y Purcell YRandall
YRay Reaves
Redding Y Ricketson Y Royal YSelman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith,L Y Smith,P Y Smith.T
Smith,W YSmyre YSnow Y Stancil.F
Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C
Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest YTwiggs
Y Valenti Y Vaughan
Walker.J Walker.L YWall
Ware Y Watson Y Watts
White Y Wilder
Williams.B WUliams,J Williams.R Y Yeargin Murphy,Spkr
On the adoption of the Resolution, as amended, the ayes were 145, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 109. By Representative Adams of the 79th: A resolution compensating Mr. Gary J. Daniel.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Blitch Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Canty Y Carrell
Y Carter YChafm Y Chambless Y Cheeks
Y Childers Y Clark3 Y Clark,H
Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Davis.G N Davis,M
Diion.H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden YGoodwin Y Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris^I
Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd Y Lane.D YLane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr
Orrock Y Padgett
Parham Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Pinkston YPoag Y Porter Y Poston Powell,A Powell,C Y Purcell YRandall YRay
Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T
Smith.W YSmyre
YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas,C
Thomas.M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest YTwiggs Y Valenti Y Vaughan
Walker,J Walker.L
YWall Ware
Y Watson Y Watts
White Y Wilder
Williams.B Williams.J WiUiams,R Y Yeargin Murphy .Spkr
On the adoption of the Resolution, the ayes were 145, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.
976
JOURNAL OF THE HOUSE,
HR 107. By Representative Wilder of the 21st: A resolution compensating Ms. Wilma G. Hargus.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Balkcom Barfoot Y Bargeron
Y Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefield
Y Birdsong Blitch Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y CampbeU
Canty Y Carrell Y Carter YChafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Clark.L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Davis.G
N Davis,M Dixon,H
Y Di*on,S YDobbs Y Dover
Dunn Y Edwards
EUiott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y HarrisJ
Heard Y Henaon
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein YLadd YLane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y 01iver,M
YOrr Orrock
Y Padgett Parham Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston
Powell.A Powell.C Y Purcell YRandall
YRay Reaves Redding
Y Ricketson Y Royal
Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T
Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C
Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan
Walker,J Walker.L Y Wall Ware
Y Watson Y Watts
White Y Wilder
Williams,B Williams,J Williams.R Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, the ayes were 145, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.
HB 642. By Representatives Ware of the 77th, Dunn of the 73rd, Chambless of the 133rd, Valenti of the 52nd and Childers of the 15th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for intent; to direct the Com missioner of Insurance to develop a model basic health insurance plan.
The following Committee substitute was read and adopted:
A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to the regula tion of insurance, so as to provide for intent; to direct the Commissioner of Insurance to develop a model basic health insurance plan; to provide for features of such plan; to authorize the Commissioner to obtain information and assistance in order to develop such plan; to authorize the Commissioner to promote and encourage the use of such plan; to
MONDAY, FEBRUARY 18, 1991
977
provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to the regula tion of insurance, is amended by adding a new chapter, to be designated Chapter 47, to read as follows:
"CHAPTER 47
33-47-1. This chapter shall be known and may be cited as the 'Georgia Basic Health Insurance Plan.'
33-47-2. It is the intent of this chapter to authorize the Commissioner of Insurance to establish a model health insurance plan or policy which will be affordable to Georgians who cannot afford standard market policies of accident and sickness insurance and to increase the availability of health insurance coverage by encouraging the promo tion of this type of plan or policy by accident and sickness insurers licensed to transact such insurance in this state.
33-47-3. The Commissioner shall develop a model basic health insurance plan which shall include, but shall not be limited to, the following features:
(1) Eligibility criteria designed to permit persons with income levels below 250 per cent of the federal poverty level to participate in the plan;
(2) Eligibility requirements which exclude from participation in the plan persons with other accident and sickness insurance coverage and persons who are eligible for coverage under the Medicaid or medicare programs;
(3) Coverage for primary health care services designed to prevent the need for more expensive health care services;
(4) Premium levels which are significantly lower than premium levels for standard market policies of accident and sickness insurance and based upon the plan being operated at no profit to the insurer;
(5) Cost containment features such as preadmission certification for inpatient and selected outpatient services, second medical opinions for nonemergency surgery, and the use of preferred provider arrangements; and
(6) Nominal copayment provisions, reasonable lifetime benefit maximums, and nominal deductible amounts. 33-47-4. (a) The Commissioner shall be authorized to request information and data from any available source and to request the assistance of accident and sickness insurers and providers of health care services in order to develop the model basic health care plan. (b) The Commissioner shall be authorized to encourage and promote the marketing of the model basic health insurance policy by accident and sickness insurers in this state."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 264. By Representative Twiggs of the 4th:
A bill to amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the equalization of assessments of property for ad valorem tax purposes, so as to provide that county property appraisal staff and members of county boards of tax assessors may go upon property outside of buildings to carry out the duty of making appraisals of the fair market value of taxable property.
978
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Representatives Jackson of the 9th and Twiggs of the 4th move to amend HB 264 as follows:
By adding after the word commissioner on line 22 page 1 the following:
"provided, however the person representing the board shall carry identification which is sufficiently prominent to permit the occupant to readily ascertain he is such represen tative and if practicable shall first advise the occupant of his purpose."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 109, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 32. By Representatives Coleman of the 118th, Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Dover of the llth and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the fiscal year of the state shall com mence on the first day of April and terminate on the thirty-first of March following.
Representative Coleman of the 118th moved that further consideration of HR 32 be postponed until tomorrow, February 19, 1991, immediately following the period of unani mous consents.
The motion prevailed.
By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Human Relations and Aging and referred to the Committee on Health and Ecol ogy:
SB 104. By Senator Kidd of the 25th:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to establish goals for the at-risk children and youth in the State of Georgia; to provide for applicability; to provide for strategy and utilization of resources; to provide for services for families with problems; to provide for statements of policy by state agencies and other entities.
By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Human Relations and Aging and referred to the Committee on Health and Ecol ogy:
SB 123. By Senator Thompson of the 33rd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to change definitions; to redefine child welfare agency; to change the provisions relating to approval and inspections of family boarding homes, foster family homes, and family day-care homes approved, supervised, and used by child welfare agencies; to authorize periodic, in lieu of annual, reports from child welfare agencies.
MONDAY, FEBRUARY 18, 1991
979
The following Resolution of the House was read and referred to the Committee on Rules:
HR 334. By Representatives Williams of the 48th, Connell of the 87th, Tolbert of the 58th, Murphy of the 18th, Heard of the 43rd and others:
A resolution commending the Atlanta Red Cross and inviting a representa tive to appear before the House of Representatives.
Representative Reaves of the 147th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 126 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman
Representative Pinkston of the 100th District, Chairman of the Committee on Banks & Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 470 Do Pass, by Substitute SB 175 Do Pass
Respectfully submitted, /s/ Pinkston of the 100th
Chairman
Representative Smyre of the 92nd District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 533 Do Pass
Respectfully submitted, /s/ Smyre of the 92nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
980
JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 610 Do Pass HR 284 Do Pass SB 163 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following communication from the Secretary of State was received:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 973 through 998, who have registered in the Docket of Legislative Appearance as of February 15, 1991, 2:30 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 15th day of February, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth.
(SEAL)
hi Max Cleland Secretary of State
973. Lillian M. Hall Lake Lanier Property Owners' Association Campaign For A Prosperous Georgia 2044 Riverwood Drive Gainesville, Georgia 30501
974. Amy Michelle Lynn Student Coalition Against Rampant Intoxicated Drivers SCARID c/o Dunwoody High School 5035 Vermack Rd. Dunwoody, Georgia 30338
975. Andrew L. Galloway Medical Center of Central Georgia 704 Hemlock Street Macon, Georgia 31204
976. Marvin 0. Tibbetts, Jr. Independent Electrical Contractors' Assoc. 178 Laredo Drive Decatur, Georgia 30031
977. Kenneth Daniel Hortman Denturist Association of Georgia Box 741 Roberta, Georgia 31078
978. Teresa Hortman Denturist Association of Georgia P. 0. Box 741 Roberta, Georgia 31078
979. W. T. (Tommy) Hortman Denturist Association of Georgia P. 0. Box 741 Roberta, Georgia 31078
MONDAY, FEBRUARY 18, 1991
981
980. Sylvia H. Williams Denturist Association of Georgia 403 Park Ave. Sylvester, Georgia 31791
981. Ted L. Hammock National Science Center Foundation, Inc. P. 0. Box 1648 206 Seventh Street Augusta, Georgia 30903
982. James P. Hunnicutt Denturist Association of Georgia 989 Cleveland Avenue East Point, Georgia 30344
983. Anita C. Elkins Denturist Association of Georgia 115 Hollywood Drive Dalton, Georgia 30721
984. Samuel E. Whisenant, Jr. Denturist Association of Georgia 115 Hollywood Drive Dalton, Georgia 30721
985. Doug Breitenbach American Council of Life Insurance 1001 Pennsylvania Avenue Washington, DC 20004
986. Jackie T. Kimberly Georgia Society of Professional Engineers 1900 Emery Street NW, #226 Atlanta, Georgia 30318
987. Betsy B. Alien Human Resources Development Council DeKalb Medical Auxiliary Family Concerns 2119 Gunstock Dr. Stone Mountain, Georgia 30087
988. Marguerite Marlow Family Concerns Georgia Right To Life 1992 Gunstock Dr. Stone Mountain, Georgia 30087
989. W. A. Bagwell Alliance of American Insurers Post Office Box 1 Gainesville, Georgia 30503
990. James A. Nolan City of Eatonton P. 0. Box 3220 Eatonton, Georgia 30624
991. Van Hall American Heart Association, Georgia Affiliate 1685 Terrell Mill Road Marietta, Georgia 30067
992. Robert L. Lowe, Jr. Association Resources Group, Inc. Georgia Association of Professional Bondsmen 1134 Morningside PL, N.E. Atlanta, Georgia 30306
993. Cathy Gray Citizens For Freedom of Choice Political Action Committee 1114 Shelby Lane Hiram, Georgia 30141
994. Ernestine D. Wingfield Ross, Russell, Ellis & Bailey of Research Excellence, Inc. 3411 Austell Road Bldg. #1, Suite 100 Marietta, Georgia 30360
995. Patricia T. Barmeyer Dooly County Solid Waste Management Authority 2500 Truit Company Tower Atlanta, Georgia 30303
996. Wanda Bullard Georgia Association of Educators Glynn County Middle School 902 George Street Brunswick, Georgia 31520
997. Louella M. Robinson Georgia Association of Educators 711 Old Jesup Road Brunswick, Georgia 31520
998. Richard R. Mclrityre, II Meriwether Association of Educators Georgia Association of Educators Box 632 Manchester, Georgia 31816
982
JOURNAL OF THE HOUSE,
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
TUESDAY, FEBRUARY 19, 1991
983
Representative Hall, Atlanta, Georgia Tuesday, February 19, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to to their names:
Adams Aiken Alford Atkins Baker Balkcom Barfoot Bargeron Barnett,B Barnett,M Bates Beatty Benefield Birdsong Blitch Bordeaux Bostick Branch Breedlove Brooks Brown Brush
j>u
S3TM . ,, Campbell Cbaarrrteelr!
Chambless
Cheeks
Clark,E
Clark.H
Clark,L Coker Colwell Connell Culbieth Cummings,B Cummings.M Dixon.H Dixon,S Dover Dunn Edwards Elliott Felton Floyd,J.M Floyd,J.W Flynt Godbee Golden Goodwin Green Greene
Gnffm
,, M?r Ham.Iton rHlaamrrims oBnd
Heard
Henson
Herbert
Hightower
Holland Howard Hudson Irwin Jackson Jamieson Jenkins Jones Kilgore Kingston Klein Ladd Lane,D Lane,R Langford Lawson Lee Long Lord Mann Martin McCoy
McKelvey
McKinney,B McKinneyC M.,ead,ows
Merritt
Milam
Mills
Mobley
Moody Morsberger Mueller Oliver,C Oliver.M Orr Orrock Padgett Parham Parrish Patten Pelote Pettit Poag Porter Powell,A Powell.C Purcell Ray Ricketson Royal Selman
Sherrill
Simpson Sinkfield S,,,ki. pper
Smith,L
Smith.P
Smith,T
Smith.W
Snow Stancil,F Stancil,S Stanley Stephens Streat Taylor Teper Thomas.C Thomas.M Thomas.N Titus Tolbert Townsend Turnquest Twiggs Valenti Vaughan Walker,J Wall Ware Watson
Watts
White Wilder .W.Ti..lIh- ams.BT*
Williams,J
Williams,R
Yeargin
Murphy.Spkr
Prayer was offered by the Reverend J. Roger Taylor, Pastor, Satilla Baptist Church, Alma, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
984
JOURNAL OF THE HOUSE,
5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were intro duced, read the first time and referred to the committees:
HB 770. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to create the Walker County Water and Sewer Utility Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 771. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to change the provisions relating to the salary of the judge of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 772. By Representative Herbert of the 76th:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Anno tated, relating to operators of private detective and private security busi nesses, so as to revise provisions for the issuance of licenses generally; to revise qualifications for a license.
Referred to the Committee on Public Safety.
HB 773. By Representative Bostick of the 138th:
A bill to amend Code Section 34-9-1 of the Official Code of Georgia Anno tated, relating to definitions applicable to workers' compensation, so as to provide that certain owner-operators of equipment shall be deemed to be independent contractors.
Referred to the Committee on Industrial Relations.
HB 774. By Representative Dunn of the 73rd:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions with regard to professions and busi nesses, so as to specify that the advertisement by a person licensed to provide health care services of the waiver of a deductible or copayment, as an inducement to attract patients, shall be considered a deceptive and mis leading practice.
Referred to the Committee on Insurance.
HB 775. By Representative Dunn of the 73rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for the jurisdiction of the Commissioner of Insurance and the applicability of the provisions of said title to certain persons providing coverage for medical or dental services and to certificates, contracts, or other evidence of insurance coverage as well as policies of insurance.
Referred to the Committee on Insurance.
TUESDAY, FEBRUARY 19, 1991
985
HB 776. By Representative Dunn of the 73rd:
A bill to amend Chapter 23 of Title 33 of the Official Code of Georgia Anno tated, relating to the licensing of insurance agents, solicitors, brokers, coun selors, and adjusters, so as to provide for the licensing of administrators of certain life or accident and sickness insurance plans.
Referred to the Committee on Insurance.
HB 778. By Representatives Birdsong of the 104th and Jenkins of the 80th:
A bill to amend Code Section 32-6-197 of the Official Code of Georgia Anno tated, relating to responsibility for maintenance of railroad overpasses and underpasses, so as to provide that under certain circumstances a railroad's duty to maintain underpasses shall include the duty to remove the bridge under which a public road passes.
Referred to the Committee on Transportation.
HB 779. By Representatives Birdsong of the 104th, Jenkins of the 80th and Walker of the 113th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of Georgia taxable net income, so as to increase the amount of the exclusion with respect to retirement income.
Referred to the Committee on Ways & Means.
HB 780. By Representative White of the 132nd:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a state lottery; to define certain terms; to establish a Department of Lottery under the direction and control of the director of the state lottery.
Referred to the Committee on Ways & Means.
HB 781. By Representatives Aiken of the 21st, Atkins of the 21st, Coker of the 21st, Clark of the 20th (Post 3), Wilder of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 336. By Representative Padgett of the 86th: A resolution compensating Mr. Marshall D. Coursey.
Referred to the Committee on Appropriations.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the com mittees:
986
JOURNAL OF THE HOUSE,
HB 782. By Representatives Fennel of the 155th, Smith of the 156th and Coleman of the 118th:
A bill to amend Code Section 32-10-71 of the Official Code of Georgia Anno tated, relating to acquisition, maintenance, and operation of tollway projects, so as to authorize certain local governments to establish a parking fee for persons using certain tollway facilities; to authorize the local government to contract with the State Tollway Authority for assistance in collection of the fee.
Referred to the Committee on Transportation.
HB 783. By Representative Parham of the 105th:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to abandoned motor vehicles, so as to provide procedures for determination that a vehicle is a derelict motor vehicle; to provide for dispo sition of derelict motor vehicles.
Referred to the Committee on Motor Vehicles.
HB 784. By Representative Parham of the 105th:
A bill to amend Code Section 12-8-27 of the Official Code of Georgia Anno tated, relating to special solid waste handling facilities, so as to prohibit issu ance or modification of a permit for a solid waste facility located within a certain distance of certain Georgia lakes.
Referred to the Committee on Natural Resources & Environment.
HB 785. By Representative Parham of the 105th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to allow imposition of fines for serious traffic offenses; to grant exclusive jurisdiction over traffic offenses committed by persons under 17 years of age to the juvenile courts; to change the age for an offense to be considered a juvenile traffic offense.
Referred to the Committee on Judiciary.
HB 786. By Representatives Dover of the llth, Twiggs of the 4th, Colwell of the 4th, Watts of the 41st, Redding of the 50th and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to require the issuance of special retroreflective drivers' licenses, commercial drivers' licenses, permits, and identification cards to certain persons.
Referred to the Committee on Motor Vehicles.
HB 787. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act placing the sheriff of Dawson County upon an annual salary, so as to change the compensation of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.
TUESDAY, FEBRUARY 19, 1991
987
HB 788. By Representatives Milam of the 8l8t, Long of the 142nd, Twiggs of the 4th, Benefield of the 72nd and Ware of the 77th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special motor vehi cle license plates for certain persons and vehicles, so as to provide for special license plates for veterans of the armed forces of the United States.
Referred to the Committee on Motor Vehicles.
HB 789. By Representative Smith of the 78th:
A bill to amend an Act to make provisions for the Magistrate Court of Lamar County, so as to provide for the nonpartisan election of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 790. By Representative Smith of the 78th:
A bill to repeal an Act creating the office of county manager of Lamar County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 791. By Representatives Poston of the 2nd, Walker of the 115th, Coleman of the 118th, Holland of the 136th, Teper of the 46th and others:
A bill to amend Code Section 40-6-142 of the Official Code of Georgia Anno tated, relating to certain vehicles to stop at all railroad crossings, so as to add any vehicle carrying hazardous or constituents or acidic liquids as cargo to the list of those vehicles required to stop at all railroad crossings before pro ceeding.
Referred to the Committee on Motor Vehicles.
HB 792. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to autho rize the State Board of Education, if requested by a local school district or system, to withhold state moneys to pay bonded indebtedness of such local school district or system.
Referred to the Committee on Education.
HB 793. By Representatives Kilgore of the 42nd, Hamilton of the 124th, Thurmond of the 67th and Simpson of the 70th:
A bill to amend Code Section 20-2-850 of the Official Code of Georgia Anno tated, relating to sick leave for teachers and other personnel, so as to revise the provisions relating to sick leave banks or pools of voluntarily contributed employee sick leave days.
Referred to the Committee on Education.
988
JOURNAL OF THE HOUSE,
HB 794. By Representatives Porter of the 119th, Pinkston of the 100th, Thomas of the 69th and Baker of the 51st:
A bill to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration of estates, so as to revise and reorganize the laws relating to trusts.
Referred to the Committee on Judiciary.
HB 795. By Representatives Beatty of the 12th, Jamieson of the llth, Smith of the 78th, Smith of the 16th and Moody of the 153rd:
A bill to amend Code Section 46-5-133 of the Official Code of Georgia Anno tated, relating to the authority of local governments, so as to provide for the imposition of a monthly "911" charge.
Referred to the Committee on Industry.
HB 796. By Representatives Snow of the 1st, McCoy of the 1st and Oliver of the 53rd:
A bill to amend Code Section 19-7-3 of the Official Code of Georgia Anno tated, relating to original actions or intervention in certain actions by grand parents seeking visitation rights to a minor child, so as to provide that no visitation rights shall be granted to a grandparent with respect to a minor child whose natural parents are legally married, are not separated, and have no divorce action pending when those natural parents are in agreement that granting visitation rights to a grandparent would not be in the best interest of the child.
Referred to the Committee on Judiciary.
HR 337. By Representatives Smith of the 156th and Fennel of the 155th:
A resolution providing for the dedication of the Department of Natural Resources Regional Headquarters Building in Brunswick, Georgia, in honor of Samuel Thomas Gofer.
Referred to the Committee on Natural Resources & Environment.
HR 343. By Representatives Connell of the 87th, Watson of the 114th, Smyre of the 92nd and Watts of the 41st:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.
HR 344. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th and Groover of the 99th:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 760 HB 761 HB 762
HB 763 HB 764 HB 765
TUESDAY, FEBRUARY 19, 1991
989
HB 766 HB 767 HB 768 HB 769 HB 777 HR 332 HR 333 SB 76
SB 80
SB 93 SB 131 SB 209
SB 224 SB 230 SB 236
SR 140 SR 159
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following
recommendations:
HR 316 Do Pass HR 320 Do Pass
HR 331 Do Pass HR 101 Do Pass, by Substitute
Respectfully submitted, Is/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 450 Do Pass, by Substitute HB 626 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 732 Do Pass HB 733 Do Pass HB 736 Do Pass HB 737 Do Pass HB 740 Do Pass HB 752 Do Pass
HB 753 Do Pass HB 754 Do Pass HB 759 Do Pass SB 241 Do Pass SB 298 Do Pass HB 316 Do Pass
990
JOURNAL OF THE HOUSE,
Respectfully submitted, M Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, FEBRUARY 19, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 24th Legislative Day as enu merated below:
HB 62 Malt Beverages; Production for Home Consumption HB 217 Public Employee Hazardous Chemical Right to Know; Amend HB 255 Public Employee; Cert. Final Conviction; Ineligible for Office HB 258 Speed Detection Devices; Admissible Evidence; Restrictions (Rec.) HB 292 Equine Activities Immunity Act; Enact HB 296 Retirees; Health Care Benefits; Prefunding HB 315 Dentistry; Scope of Practice HB 375 Firearms; Regulation by State; Exclusions HB 554 AIDS Transmitting Crimes; Upon Indictment; Test and Disclosure HB 674 Property; Public Road Purpose; Wetland Mitigation (Postponed)
HR 32 Fiscal Year; April 1 - March 31; Authorization - CA (Postponed) HR 284 Rural Development; Departments & Agencies; Urge Assistance
SB 177 Special Alternative Incarceration-Probation Boot Camp SB 189 Legislative Services Committee; Composition SB 196 Combined Sewer Overflow; Eliminate or Treat Sewage
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, kl Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 316. By Representative Selman of the 32nd:
A bill to provide a homestead exemption in the amount of $10,000.00 of the assessed value of the homestead for all City of Fairburn ad valorem taxes for any city purposes except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Fairburn who is 65 years of age or over or disabled if the resident's adjusted gross income together with the adjusted gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
TUESDAY, FEBRUARY 19, 1991
991
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Y Balkcom YBarfoot
Bargeron Y Barnett.B Y Barnett,M Y Bates
YBeatty Y Benefield
Y Birdsong Y Blitch
Bordeaux Y Boatick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush
YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin
Y Chambless Y Cheeks
Y Childere Y Clark,E Y Clark,H
Clark,L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings^
Cummings,M Y Davis.G Y Davis.M Y Don,H Y Dixon,S YDobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden
Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris,B Y HarrisJ Y Heard Y Henson
Y Herbert Y Hightower
Holland Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Kingston
Y Klein YLadd Y Lane.D Y Lane,R YLangford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter
Y Poston Y Powell,A Y Powell.C
Purcell Randall YRay Y Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith.P Smith.T
Y Smith.W Smyre
YSnow Y Stancil.F Y Stancil,S Y Stanley
Stephens Y Streat
Y Taylor Y Teper
Thomas.C Thomas.M Thomas.N Y Thurmond Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B Y WilliamsJ Y Williams,R Y Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.
HB 732. By Representative Lord of the 107th:
A bill to reconstitute the Board of Education of Washington County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 733. By Representatives Lord of the 107th and Parrish of the 109th:
A bill to provide for the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Johnson County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
992
JOURNAL OF THE HOUSE,
HB 736. By Representative Branch of the 137th:
A bill to amend an Act creating a Board of Commissioners of Ben Hill County, so as to change the composition of the board of commissioners.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 737. By Representative Branch of the 137th:
A bill to provide that the school superintendent of the Ben Hill County School District shall be appointed by the board of education rather than elected.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 740. By Representatives Mueller of the 126th, Bordeaux of the 122nd, Pelote of the 127th, Kingston of the 125th, Dixon of the 128th and others:
A bill to amend an Act providing that the Board of Public Education for the City of Savannah and County of Chatham shall be elected by the voters of Chatham County, so as to change the provisions regarding the filling of vacancies.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 752. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating a board of elections and registration for Catoosa County, so as to change the provisions relating to qualifications of members of the board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 753. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, so as to change the provisions relating to selection of the members of the board and their terms of office.
TUESDAY, FEBRUARY 19, 1991
993
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 754. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend an Act providing a new charter for the City of Mount Zion in Carroll County, so as to provide for the corporate limits of the city and the inclusion of certain territory therein.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 759. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act placing the clerk of the Superior Court of Rabun County on an annual salary, so as to change the compensation of the clerk of the superior court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 241. By Senator Timmons of the llth:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Miller County during designated registration periods as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 298. By Senators Garner of the 30th and Moye of the 34th:
A bill to amend an Act creating the board of commissioners of Douglas County, as amended, so as to change provisions relating to filling of vacancies on the board of commissioners; to provide for application to certain previ ously filled vacancies; to provide for related matters; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 153, nays 0.
994
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate:
SB 67. By Senator Tysinger of the 41st:
A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflicts of interest in zoning actions, so as to revise said chapter; to provide for definitions; to provide for disclosure of certain financial interests by local government officials and for additional require ments in connection therewith.
SB 79. By Senator Thompson of the 33rd:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of rates, underwriting rules, and related orga nizations, so as to require an insurer which files a rate, rating plan, rating system, or underwriting rule reflecting an increase in the current filing to notify each of its policyholders residing in this state; to provide for the man ner of notification; to provide for the content of such notice.
SB 172. By Senator Ramsey of the 54th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to the Department of Public Safety, so as to change the edu cational requirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board.
SB 174. By Senators Deal of the 49th, Garner of the 30th, Baldwin of the 29th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills; to provide for related matters; to provide for an effective date and for applicability.
SB 211. By Senators Steinberg of the 42nd, Deal of the 49th and Johnson of the 47th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide for a legislative purpose; to provide for definitions; to provide that the department or other petitioner may seek appointment of a receiver for a facility upon a finding of certain circum stances.
SB 229. By Senators Pollard of the 24th, Deal of the 49th and Kidd of the 25th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain forms, documents, and other written matter relating to vital records shall not be open to public inspection and shall remain confidential.
TUESDAY, FEBRUARY 19, 1991
995
SB 272. By Senators Gillis of the 20th, Robinson of the 16th and Hooks of the 14th:
A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Depart ment of Natural Resources, so as to authorize the establishment and opera tion of programs of volunteer services to the department to facilitate, amplify, or supplement the objectives and functions of the department.
SB 279. By Senator Baldwin of the 29th:
A bill to amend Article 2 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insurance and indemnification of officers and employees of municipalities, counties, and other public bodies, so as to change provisions relating to local governments providing defenses for their officers and employees; to provide for related matters; to provide an effective date.
SB 225. By Senator Shumake of the 39th:
A bill to provide that the Fulton County governing authority provide rodent inspection and control services upon request without charge to residential units owned or occupied by persons who are 65 years of age or older or who are physically handicapped and who state that they are unable to afford such services; to provide that all citizens have equal access to rat poison and other rodent control substances and devices without regard to whether they rent or own their dwelling places; to provide for definitions.
SB 321. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city.
SB 327. By Senators Phillips of the 9th and White of the 48th:
A bill to create the Gwinnett County Arts Facility Authority; to provide for a definition; to provide for the purpose and powers of the authority; to pro vide for appointment, eligibility, and terms of the members of the authority; to provide for organization, quorum, meetings, and expenses of the authority; to provide for rules and regulations and for agents and employees; to provide for accountability and for financial and other records and for audits.
SB 329. By Senator Foster of the 50th:
A bill to provide that future school superintendents of the Rabun County School District shall be appointed by the board of education rather than elected; to provide for all related matters; to provide for a referendum; to provide effective dates.
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:
SR 122. By Senators Collins of the 17th, Perry of the 7th, Burton of the 5th and oth ers:
A resolution designating the "Raymond G. Davis Medal of Honor Highway".
996
JOURNAL OF THE HOUSE,
SR 129. By Senator Broun of the 46th: A resolution designating the Thomson Mills Forest of the University of Geor gia as the State Arboretum of Georgia.
SR 151. By Senator Perry of the 7th: A resolution applying to the Congress of the United States to call a conven tion for the purpose of proposing an amendment to the Constitution of the United States with respect to certain disrespectful acts involving the flag of the United States or the flags of the several states.
The Senate has agreed to the House amendment to the following Resolution of the Senate:
SR 96. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd: A resolution authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; to provide an effective date.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 67. By Senator Tysinger of the 41st:
A bill to amend Chapter 67A of Title 36 of the Official Code of Georgia Annotated, relating to conflicts of interest in zoning actions, so as to revise said chapter; to provide for definitions; to provide for disclosure of certain financial interests by local government officials and for additional require ments in connection therewith.
Referred to the Committee on State Planning & Community Affairs.
SB 79. By Senator Thompson of the 33rd:
A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of rates, underwriting rules, and related orga nizations, so as to require an insurer which files a rate, rating plan, rating system, or underwriting rule reflecting an increase in the current filing to notify each of its policyholders residing in this state; to provide for the man ner of notification; to provide for the content of such notice.
Referred to the Committee on Insurance.
SB 172. By Senator Ramsey of the 54th:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to the Department of Public Safety, so as to change the edu cational requirements for appointment to the Uniform Division; to change the composition of the State Patrol Disciplinary Board.
Referred to the Committee on Public Safety.
SB 174. By Senators Deal of the 49th, Garner of the 30th, Baldwin of the 29th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills; to provide for related matters; to provide for an effective date and for applicability.
Referred to the Committee on State Planning & Community Affairs.
TUESDAY, FEBRUARY 19, 1991
997
SB 211. By Senators Steinberg of the 42nd, Deal of the 49th and Johnson of the 47th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide for a legislative purpose; to provide for definitions; to provide that the department or other petitioner may seek appointment of a receiver for a facility upon a finding of certain circum stances.
Referred to the Committee on Judiciary.
SB 225. By Senator Shumake of the 39th:
A bill to provide that the Fulton County governing authority provide rodent inspection and control services upon request without charge to residential units owned or occupied by persons who are 65 years of age or older or who are physically handicapped and who state that they are unable to afford such services; to provide that all citizens have equal access to rat poison and other rodent control substances and devices without regard to whether they rent or own their dwelling places; to provide for definitions.
Referred to the Committee on Human Relations & Aging.
SB 229. By Senators Pollard of the 24th, Deal of the 49th and Kidd of the 25th:
A bill to amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that certain forms, documents, and other written matter relating to vital records shall not be open to public inspection and shall remain confidential.
Referred to the Committee on Health & Ecology.
SB 272. By Senators Gillis of the 20th, Robinson of the 16th and Hooks of the 14th:
A bill to amend Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Depart ment of Natural Resources, so as to authorize the establishment and opera tion of programs of volunteer services to the department to facilitate, amplify, or supplement the objectives and functions of the department.
Referred to the Committee on Natural Resources & Environment.
SB 279. By Senator Baldwin of the 29th:
A bill to amend Article 2 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insurance and indemnification of officers and employees of municipalities, counties, and other public bodies, so as to change provisions relating to local governments providing defenses for their officers and employees; to provide for related matters; to provide an effective date.
Referred to the Committee on Insurance.
SB 321. By Senator Kidd of the 25th:
A bill to amend an Act creating and establishing a new charter for the City of Eatonton, as amended, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
998
JOURNAL OF THE HOUSE,
SB 327. By Senators Phillips of the 9th and White of the 48th:
A bill to create the Gwinnett County Arts Facility Authority; to provide for a definition; to provide for the purpose and powers of the authority; to pro vide for appointment, eligibility, and terms of the members of the authority; to provide for organization, quorum, meetings, and expenses of the authority; to provide for rules and regulations and for agents and employees; to provide for accountability and for financial and other records and for audits.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 329. By Senator Foster of the 50th:
A bill to provide that future school superintendents of the Rabun County School District shall be appointed by the board of education rather than elected; to provide for all related matters; to provide for a referendum; to provide effective dates.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 122. By Senators Collins of the 17th, Perry of the 7th, Burton of the 5th and oth ers:
A resolution designating the "Raymond G. Davis Medal of Honor Highway".
Referred to the Committee on Transportation.
SR 129. By Senator Broun of the 46th:
A resolution designating the Thomson Mills Forest of the University of Geor gia as the State Arboretum of Georgia.
Referred to the Committee on University System of Georgia.
SR 151. By Senator Perry of the 7th:
A resolution applying to the Congress of the United States to call a conven tion for the purpose of proposing an amendment to the Constitution of the United States with respect to certain disrespectful acts involving the flag of the United States or the flags of the several states.
Referred to the Committee on Judiciary.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 335. By Representatives McKinney of the 35th and Lee of the 72nd:
A resolution inviting Mayor Maynard Jackson to appear before the House of representatives.
The Speaker Pro Tern assumed the Chair.
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
TUESDAY, FEBRUARY 19, 1991
999
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 335 Do Pass
Respectfully submitted, /a/ Lee of the 72nd
Chairman
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration:
HB 674. By Representative Groover of the 99th:
A bill to amend Code Section 32-3-1 of the Official Code of Georgia Anno tated, relating to the authority to acquire property for public road and other transportation purposes, so as to provide that a public road purpose shall include state and federal required wetland mitigation.
The following amendment was read and adopted:
Representative Groover of the 99th moves to amend HB 674 as follows:
1. By adding on page 1, line 19, after the word "law" and before the semicolon the words "and within the same physiographic zone as the wetlands being displaced".
Representative Twiggs of the 4th moved that the House reconsider its action in adopt ing the Groover amendment.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy N Adams Y Aiken
Alford Y Atkins
Baker N Balkcom N Barfoot
Bargeron Y Barnett,B Y Barnett,M N Bates Y Beatty
Benefield N Birdsong N Blitch Y Bordeaux
Bostick N Branch
Breedlove N Brooks
Brown Y Brush N Buck N Buckner YByrd N Campbell
Canty Y Carrell Y Carter
Chafin N Chambless N Cheeks
N Childers Y Clark.E Y Clark.H
Clark.L Y Coker
Coleman Y Colwell
Connell N Culbreth
Cummings,B N Cummings.M
Davis.G Y Davis.M N Dixon.H Y Dixon.S YDobbs
Dover
Dunn N Edwards Y Elliott Y Felton
Y Fennel Y Floyd,J.M N Floyd,J.W NFlynt N Godbee N Golden N Goodwin N Green Y Greene Y Griffin N Groover Y Hamilton
N Hammond Hanner
Y Harris.B N Harris,J N Heard N Henson N Herbert
Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson N Jamieson Y Jenkins N Jones N Kilgore YKing N Kingston Y Klein YLadd N Lane.D N Lane.R Y Langford N Lawrence N Lawson NLee
NLong YLord N Lucas
Lupton
NMann
N Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows N Merritt N Milam N Mills
Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr
Orrock N Padgett Y Parham N Parrish Y Patten N Pelote Y Perry N Pettit N Pinholster
Pinkston NPoag Y Porter N Poston N Powell,A N Powell,C Y Purcell
Randall
YEay N Reaves
Redding N Ricketson Y Royal
Selman Y Sherrill N Simpson Y Sinkfield N Skipper N Smith.L N Smith.P
Smith.T Y Smith.W N Smyre
Snow Y Stancil.F N Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper N Thomas.C
Thomas.M Thomas.N Y Thurmond
N Titus N Tolbert
Townsend
N Turnquest Y Twiggs
1000
JOURNAL OF THE HOUSE,
Y Valenti Y Vaughan
N Walker,J
N Walker.L Y Wall N Ware
N Watson N Watts
Y White
N Wilder Y Williams.B N Williams,J
N Williams.R N Yeargin
Murphy,Spkr
On the motion, the ayes were 70, nays 78. The motion was lost.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams N Aiken
Alford N Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron N Barnett.B
Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty N Carrell N Carter Y Chafin Y Chambless Y Cheeks Y Childers N Clark.E Y Clark.H
Y Clark,L
N Coker Coleman
N Colwell Connell
Y Culbreth Cummings,B
Y Cummings.M Y Davis.G N Davis.M
Y Dixon.H Y Dixon.S N Dobbs
Dover Dunn Y Edwards
Y Elliott Y Felton N Fennel N Floyd,J.M Y Floyd,J.W
YFlynt Y Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover N Hamilton
Y Hammond Hanner
Y Harris,B
Y Harris,J Y Heard N Henson
Y Herbert Y Hightower Y Holland N Holmes Y Howard
Y Hudson N Irwin N Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston N Klein NLadd Y Lane.D
Y Lane,R Y Langford Y Lawrence N Lawson
YLee YLong NLord Y Lucas N Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B
N McKinney.C Y Meadows Y Merritt YMilam N Mills
Y Mobley
Y Moody N Morsberger Y Moultrie N Mueller Y Oliver.C N Oliver.M NOrr N Orrock Y Padgett Y Parham Y Parrish N Patten Y Pelote N Perry Y Pettit Y Pinholster Y Pinkston
YPoag N Porter N Poston Y Powell,A Y Powell,C N Purcell
Randall
YRay Y Reaves
Redding
Y Ricketson Y Royal
Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith.P Y Smith.T N Smith,W Y Smyre YSnow N Stancil,F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C N Thomas,M Y Thomas.N Y Thurmond N Titus Y Tolbert
Townsend Y Turnquest
N Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 125, nays 39.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Barnett of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:
SB 196. By Senators Edge of the 28th, Robinson of the 16th and Dean of the 31st:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to require certain persons owning or operating a combined sewer overflow to submit to the director of the Environmental Protection Division of the Department of Natural Resources a plan to eliminate or treat sewage overflow; to provide for certain contents of such plan.
TUESDAY, FEBRUARY 19, 1991
1001
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom YBarfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush
YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter YChafin
Y Chambless Y Cheeks Y Childere Y Clark,E Y Clark.H
Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
CummingSiB Y Cumminga.M
Davis.G Y Davis.M Y Dixon.H Y Dixon,S YDobbs Y Dover YDunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd.J.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton
YMann Y Martin YMcCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt
YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith,P Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus
Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Y Williams.J Y Williams,R
Y Yeargin Murphy ,Spkr
On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Thomas of the 31st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 316. By Representative Murphy of the 18th:
A resolution inviting the Bremen High School 1990 Baseball Team to the House of Representatives.
HR 320. By Representative Byrd of the 153rd:
A resolution commending and recognizing Future Farmers of America of Georgia and inviting its president to appear and be recognized before the House of Representatives.
HR 331. By Representatives Pinholster of the 8th and Stancil of the 8th:
A resolution commending the Reinhardt College Choir and inviting the choir to appear before the House.
1002
JOURNAL OF THE HOUSE,
HR 335. By Representatives McKinney of the 35th and Lee of the 72nd:
A resolution inviting Mayor Maynard Jackson to appear before the House of representatives.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker: The Senate has disagreed to the House amendment to the following Bill of the Senate:
SB 64. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the compensation of the mayor and aldermen of said city.
The Speaker assumed the Chair.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:
HB 375. By Representatives Lawson of the 9th, Lee of the 72nd, Dover of the llth, Reaves of the 147th, Manner of the 131st and others:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions affecting both counties and municipal corporations, so as to declare the regulation of firearms to be an issue of state-wide concern; to preempt and prohibit local regulation by counties or municipal corporations in the field of possession, ownership, transportation, carrying, transfer, sale, purchase, licensing, and registration of firearms or ammunition and components.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams YAiken
Alford Y Atkins Y Baker Y Balkcom YBarfoot YBargeron Y Barnett,B
Barnett,M Bates Y Beatty Y Benefield Birdsong Y Blitch N Bordeaux YBostick Y Branch Y Breedlove N Brooks Y Brown
Y Brush Y Buck
Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E YClark,H
Clark.L Y Coker Y Coleman Y Colwell
Connell YCulbreth Y Cummings.B N Cummings.M Y Davis.G Y Davis.M
Y Dixon,H Y Diion,S
Y Dobbs Dover Dunn
Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y FloydJ.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover N Hamilton Y Hammond Y Hanner Y Harris,B Y HarrisJ
Y Heard N Henson
N Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson N Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore Y King Y Kingston Y Klein N Ladd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee
Long Y Lord
Y Lucas Lupton
Y Mann N Martin Y McCoy Y McKelvey
McKinney,B N McKinney.C Y Meadows
Merritt
Milam Y Mills Y Mobley
Moody Y Moreberger Y Moultrie Y Mueller N Oliver.C N Oliver,M N Orr
Orrock Y Padgett
Y Parham Parrish
TUESDAY, FEBRUARY 19, 1991
1003
Y Patten Y Pelote Y Perry
Y Pettit YPinholster
Pinkston Y Poag Y Porter N Poston Y Powell,A
Y Powell.C YPurcell
Randall Y Ray Y Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Sinkfield
Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith,W
Y Smyre Y Snow N Stancil,F Y Stancil,S
Stanley Y Stephens Y Streat
Y Taylor Y Teper
Y Thomas,C N Thomas.M Y Thomas,N
Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs N Valenti
Y Vaughan Y WalkerJ
Y Walker.L Y Wall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B N Williams,J Y Williams.R
Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 136, nays 18. The Bill, having received the requisite constitutional majority, was passed.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Dunn of the 73rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration:
HB 258. By Representative Stephens of the 68th:
A bill to amend Code Section 40-14-9 of the Official Code of Georgia Anno tated, relating to when evidence obtained in using speed detection devices is admissible, so as to change certain restrictions regarding use of speed detec tion devices on hills.
The following substitute, offered by Representative Stephens of the 68th, was read and adopted:
A BILL
To amend Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to when evidence obtained in using speed detection devices is admissible, so as to change certain restrictions regarding use of speed detection devices on hills; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to when evidence obtained in using speed detection devices is admissible, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 40-14-9 to read as follows:
"40-14-9. Evidence obtained by county or municipal law enforcement officers in using speed detection devices within 300 feet of a reduction of a speed limit inside an incorporated municipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prosecution of a violation of any municipal ordinance, county ordinance, or state law regulating speed; nor shall such evidence be admissible in the prosecution of a viola tion as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place. No speed detection device shall be employed by county, municipal, or campus law enforcement officers en any per-
i ef- taty highway which has a grade m excess df- ? percent against any vehicle which
1004
JOURNAL OF THE HOUSE,
is traveling downhill on any portion of any highway which has a grade in excess of 7 percent."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
N Abernathy N Adams
N Aiken Alford
N Atkins Y Baker NBalkcom N Barfoot N Bargeron Y Barnett,B N Bainett.M Y Bates N Beatty N Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch N Breedlove N Brooks N Brown Y Brush NBuck Y Buckner
Byrd Y Campbell
Canty N Carrell N Carter N Chafin Y Chambless N Cheeks Y Childers N Clerk.E Y Clark,H
N Clark,L NCoker N Coleman N Colwell N Cornell Y Culbreth N Cummings,B
Cummings,M
N Davis.G Y Davis.M
Y Don,H Diion.S
YDobbs Dover
NDunn Edwards
Y EUiott N Felton Y Fennel N FloydJ.M N Floyd,J.W YFlynt N Godbee N Golden Y Goodwin N Green N Greene N Griffin Y Groover N Hamilton N Hammond N Manner N Harris,B
Y Harris^J N Heard N Henson
Y Herbert Y Hightower Y Holland
Y Holmes N Howard N Hudson NIrwin N Jackson N Jamieson
Jenkins Y Jones N Kilgore NKing N Kingston N Klein YLadd NLane.D NLane,R N Langford Y Lawrence Y Lawson NLee
Long NLord N Lucas Y Lupton YMann Y Martin
NMcCoy Y McKelvey Y McKinney.B
N McKinney.C N Meadows N Merritt NMilam N Mills
N Mobley N Moody N Morsberger Y Moultrie
Y Mueller N Oliver.C Y 01iver,M YOrr Y Orrock N Padgett NParham N Parrish N Patten N Pelote Y Perry Y Pettit N Pinholster
Pinkston
NPoag Porter
Y Poston N Powell,A N Powell,C NPurcell
Randall
NRay N Reaves N Redding N Ricketson N Royal N Selman Y Sherrill
Y Simpson N Sinkfield
Y Skipper Y Smith,L
Y Smith.P N Smith,T N Smith,W NSmyre
N Snow N Stancil,F
N Stancil,S N Stanley Y Stephens N Streat N Taylor YTeper
Thomas.C Thomas,M Thomas,N Y Thurmond N Titus N Tolbert Y Townsend N Turnquest Y Twiggs N Valenti N Vaughan Y WalkerJ Y Walker,L N Wall N Ware N Watson N Watts N White Y Wilder N Williams,B N WilliamsJ N Williams.R N Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 57, nays 107.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.
Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was taken up for consideration and read the third time:
HR 284. By Representatives Royal of the 144th, Dover of the llth, Walker of the 115th, Coleman of the 118th and Holland of the 136th:
A resolution urging departments and agencies of the State of Georgia to assist in rural development.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
TUESDAY, FEBRUARY 19, 1991
1005
Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker YBalkcom YBarfoot Y Bargeron
Y Barnett,B Y Barnett.M
Y Bates YBeatty Y Benefield Y Birdsong YBlitch
Bordeaux Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell
Y Carter Y Chafm
Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis.G Y Davis,M
Y Duton.H Y DiK>n,S
Y Dobbs Y Dover
Dunn
Y Edwards Y Elliott Y Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieaon Y Jenkins Y Jones Y Kilgore
YKing Y Kingston
Y Klein YLadd YLane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Pettit
Y Pinholster Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor
Y Teper Y Thomas.C
Thomaa.M Y Thomaa.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L
Y Wall Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Juciciary and referred to the Committee on Insurance:
SB 110. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide that the offense of insurance fraud shall be a felony offense; to provide for the notification of law enforce ment agencies by insurers when such insurer has knowledge of a fraudulent insurance act which has not been reported to a law enforcement agency.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:
SB 177. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to pro vide that as a condition of probation, certain probationers may be required to complete satisfactorily a program of incarceration or confinement in a "special alternative incarceration--probation boot camp" unit of the Depart ment of Corrections for a period of 90 days from the time of initial confine ment in the unit.
1006
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend SB 177 as follows:
Amend Line 14, p. 1, after the word "laws;" by adding the following:
"to provide an effective date;".
Amend line 18, p. 3, by adding a new Section 3 to read as follows:
"Section 3: This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childere Y Clark,E Y Clark.H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings,B
Cummings.M Davis.G
Y Davis.M Y Dixon,H Y Dixon.S YDobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B
Y Harris.J Y Heard
Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton
YMann Y Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Milam
Y Mills
Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,? Y Smith,T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall YWare Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker announced the House in recess until 1:45 o'clock this afternoon.
TUESDAY, FEBRUARY 19, 1991
1007
AFTERNOON SESSION
The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 338. By Representatives Clark of the 20th (Post 3), Vaughan of the 20th, Clark of the 20th (Post 4), Hammond of the 20th, Mills of the 20th and others: A resolution commending Mike Fredenburg.
HR 339. By Representative Morsberger of the 62nd:
A resolution commending Daniel J. Skandera of Norcross, Georgia, for his achievements in music.
HR 340. By Representatives Moody of the 153rd, Twiggs of the 4th, Bargeron of the 108th, Cummings of the 17th, Branch of the 137th and others: A resolution commending Representative Dick Lane.
HR 341. By Representative Ray of the 98th: A resolution commending Inell Troupe.
HR 342. By Representative Barnett of the 10th: A resolution expressing support for the men and women of Forsyth County serving in Operation Desert Storm.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House and Senate were taken up for consideration and read the third time:
HB 217. By Representatives Brown of the 88th, Smyre of the 92nd and Martin of the 26th:
A bill to amend Chapter 22 of Title 45 of the Official Code of Georgia Anno tated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to delete provisions requiring the promulgation and review of the Georgia Hazardous Chemical List.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," so as to delete all provisions regarding the Georgia Hazardous Chemical List; to delete certain provisions requiring the Department of Labor to establish certain concentration levels; to revise certain rule-making authority of the Department of Labor; to provide for applicabil ity with respect to certain chemicals or mixtures which are hazardous but which are regu lated and are labeled pursuant to federal law; to provide for public inspection of employers' lists of hazardous chemicals; to revise procedures regarding employee griev ances; to change certain provisions regarding material safety data sheets; to define certain
1008
JOURNAL OF THE HOUSE,
terms; to change certain definitions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 22 of Title 45 of the Official Code of Georgia Annotated, the "Public Employee Hazardous Chemical Protection and Right to Know Act of 1988," is amended by striking paragraph (11) of Code Section 45-22-2, relating to definitions, and inserting in its place a new paragraph (11) to read as follows:
"(11) 'Hazardous chemical' means any clement, chemical compound, er mixture ef ele ments and compounds as defined fey the Georgia Hazardous Chemical List which is a physical hazard or a health hazard."
Section 2. Said chapter is further amended by adding a new paragraph immediately following paragraph (11) of Code Section 45-22-2, relating to definitions, to be designated paragraph (11.1), to read as follows:
"(11.1) 'Health hazard' means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed employees and shall include all examples of hazardous chemicals to which reference is made in the definition of 'health hazard' under the Occupational Safety and Health Administration standard, 29 CFR Section 1910.1200 (1987)."
Section 3. Said chapter is further amended by striking paragraph (14) of Code Sec tion 45-22-2, relating to definitions, and inserting in its place a new paragraph (14) to read as follows:
"(14) 'List' means the Georgia Hazardous Chemical feist promulgated pursuant to Gede Seetien 46-22-6. Reserved."
Section 4. Said chapter is further amended by adding a new paragraph immediately following paragraph (20) of Code Section 45-22-2, relating to definitions, to be designated paragraph (20.1), to read as follows:
"(20.1) 'Physical hazard' means a chemical for which there is scientifically valid evi dence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive), or water reactive."
Section 5. Said chapter is further amended by striking paragraph (24) of Code Sec tion 45-22-2, relating to definitions, and inserting in its place a new paragraph (24) to read as follows:
"(24) 'Workplace' means an establishment or business ef an employer at one geo graphic location at which work is performed by a public employee and which contains one or more work areas. In the ease ef- a public employer, the workplace shall be defined as aH wetk- areas wholly owned er controlled fey the public employer. In the case of an independent contractor or subcontractor, the workplace shall be defined as all work areas wholly owned or controlled by such independent contractor or subcontractor."
Section 6. Said chapter is further amended by striking Code Section 45-22-5, relat ing to promulgation and review of the Georgia Hazardous Chemical List, and inserting in its place a new Code Section 45-22-5 to read as follows:
"45-22-5. {a)--T-he department shall, in conjunction with th Environmental Protec-
tn& 1191 Sllflll OC de Signalled Dy til6If CflCHllCfll fi&IRfs HlU COIHQ1OH HflIHer OHly W1Q8C
chemicals specifically enumerated en the list shall fee subject to the provisions ef this chapter. The department shall prepare and amend the list according te the department's established procedure fer rale promulgation. A chemical shall fee placed en the list esly after a finding that, according to preponderance ef the evidence, substantial and valid
ef chronic risk- te human health er safety. K at SB? time it is found that a chemical that 19 ttot on trie list) fts revised) poses ft serious tfire&t to inHnftii neflitn OF sflietyj trie
TUESDAY, FEBRUARY 19, 1991
1009
msy ppomui^flte emef^ency revisions to trie list ciccopdin> to tne dopupt* mcnt'a established procedures for rate promulgation.
\o/--i fte fist' siiftn contctin only specific cnemic&Jt &nd common nomes*. VJCHCMC swoTM swinces or 6it6gOFies ore to oe excluded, i ftc ust mfly ofr dp&wn ipom( out not limited te; those chemical substances enumerated in the most current edition ef the following designated searee lists;
\TT--Anternfttlonfli Agency IOF wesetrcn on o&ncep \oUDiistJ ouostflnces round to have at least sufficient evidence of earcinogenieity h onimala');
42)--National Toxicology Program tist ef- Chemicals published th Annual Report en Carcinogens;
43)--Occupational Safety and Health Administration Toxic aad Hazardous Sttbstanccs -- 29 GFR 4MQ; Subpart Z;
44)--National Institute for Occupational Safety and Health/Occupational Safety and Health Administration Occupational Health Guidelines for Chemical Hazards;
46)--American Conference ef Governmental Industrial Hygicnists Threshold Limit Value for Chemical Substances and Physical Agents i the Workplace;
{)--Environmental Protection Agency Carcinogenic Assessment Group's feist ef Carcinogens;
if)--National Cancer Institute (Chemicals that meet the National Toxicology ProgH criteria for significant carcinogenic effect);
(8)--National Fire Protection Association Hazardous Chemicals (NFPA 49){ tatA 49)--National F-ire Protection Association Fire Hazard Properties ef Flammable iaef ttids; Gases, Volatile Solids (NFPA 336M AH items fated H through Pf as health hazards e* HI through Pf as flammability er reactivity hazards).
department's established procedures regulations establishing concentrations for hazardous cficrmC8.19 tR mixtiifcs to oc suDjcci to tne provisions of tnis criflptcf. bucn conccn*
promulgation regarding threshold levels and other pertinent toxicity data. ^Ph* monufoc lurcf ot ft nfiz&puous onemw)fli sftftti Hotiiy tn@ dopflrtmcnt of sny vfllid cvictcnc^ wfi'icn indicatca cither;
41)--?he concentration requirement for a hazardous chemical is higher than what ts ncccssQpy to protect employees wno worK witn or mcty oe exposed to tiie cnemicfll\ er
42)--That the concentration levels should be lowered because there is valid ad-sub stantial evidence that th chemical is extraordinarily hazardous. 4d) (a) The provisions of this chapter shall not apply to:
(1) Impurities which develop as intermediate materials during chemical processing but are not present in the final mixture and to which employee exposure is unlikely;
(2) Alcoholic beverages as defined in Title 3; (3) Articles intended for personal consumption by employees in the workplace; (4) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act2 415 U.S.C. Section 2051, et seq.) l and Federal Haz ardous Substances Actj 415 U.S.C. Section 1261, et seq.), respectively, including any such product or hazardous chemicals manufactured by any state agency, where the employer can demonstrate it is used in the workplace in the same manner as normal consumer use and which use results in a duration and frequency of exposure which is not greater than exposures experienced by consumers; (5) Articles sold or used in retail food establishments and retail trade establish ments; or (6) Chemicals which are merely being transported in the state as part of a ship ment in interstate or intrastate commerce; er (7) Chemicals or mixtures which may be hazardous but which are covered by labeled pursuant te the federal Insecticide, Fungicide, and- Rodcnticidc Act; the fed eral Atomic Energy Acty the federal Food, Drug and Coamctic Act; and the federal Resource Conservation and Recovery Act. (b) The provisions of this chapter shall not require labeling of the following chemicals:
1010
JOURNAL OF THE HOUSE,
(1) Any pesticide as such term is defined in the federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136, et seq., when such pesticide is subject to the labeling requirements of that federal Act and labeling regulations issued under that federal Act by the United States Environmental Protection Agency;
(2) Any food, food additive, color additive, drug, cosmetic, or medical or veterinary device, including materials intended for use as ingredients in such products, as such terms are defined in the federal Food, Drug and Cosmetic Act, 21 U.S.C. Section 301, et seq., and regulations issued under that federal Act, when subject to the labeling requirements under that federal Act by the Food and Drug Administration;
(3) Any distilled spirits, beverage alcohols, wine, or malt beverage intended for nonindustrial use as such terms are defined in the federal Alcohol Administration Act, 27 U.S.C. Section 201, et seq., and regulations issued under that federal Act, when subject to the labeling requirements of that federal Act by the United States Bureau of Alcohol, Tobacco, and Firearms; or
(4) Any consumer product or hazardous substance as those terms are defined in the Consumer Product Safety Act, 15 U.S.C. Section 2051, et seq., and the federal Hazardous Substances Act, 15 U.S.C. Section 1261, et seq., respectively, when subject to a consumer product safety standard or labeling requirement of those federal Acts or regulations issued under those federal Acts by the Consumer Product Safety Com mission. {)--The department shall feview the Georgia Hazardous Chemical feist annually. Any revision ef the Georgia Hazardous Chemical feist shall be made according te the depart ment's established procedures fef rale promulgation and apen the deportment's finding that, according to a preponderance ef the evidence, substantial and valid scientific evi dence exists that any chemicals added- pursuant te this subsection result a acute ef efefenie fish te htaaaa health ef safety. (f)--Chemicals net present e the Georgia Hazardous Chemical feist established pwStttttrt te this Code section shall set be subject te the provisions ef-this chapter. {g> (c) The department shall be responsible for the dissemination of appropriate information available on the nature and hazards of hazardous chemicals. The depart ment shall promptly assist employers and employees with inquiries concerning the haz ardous nature of such chemicals."
Section 7. Said chapter is further amended by striking Code Section 45-22-6, relating to review and preparation of the Georgia Hazardous Chemical List, and inserting in its place a new Code Section 45-22-6 to read as follows:
"45-22-6. (a) The Governor's Employment and Training Council shall assist the department in reviewing and preparing the Georgia Hazardous Chemical feist rules and regulations necessary to administer this chapter. For the purposes of this chapter, the council shall meet at the call of the Commissioner. When the council is meeting for the purposes of this chapter, it shall make a report of each meeting, which shall include a record of its discussions and recommendations. The department shall make such reports available to any interested person or group.
(b) The Governor's Employment and Training Council or the Commissioner shall be authorized to consult with persons knowledgeable in the field of hazardous chemicals and to create committees composed of such consultants and members of the council to assist the council and Commissioner in carrying out their duties under this chapter.
(c) The department shall consider the advice and recommendations of the council in promulgating the Georgia Hazardoua Chemical feist and its rules and regulations and their amendments, fe compiling the initial Georgia Hazardoua Chemical feist; the council shall recommend enly chemicals for which, according te the preponderance ef the evi-
Q&ftCG) S'U D9t/fttttIfll CtUQ VftllCr SC1CRt/lt1C CVlQCnCC CXlStS tfifit SVtCil CHCD11Cftra FC8U1T m fl.H
aetrte er ehfeaie fisk te hwaan health er safety. If the department rejects the advice and recommendations of the council, the department must provide written reasons for such rejection.
{d)--he council sfeatt submit its recommendations te the department for the revision ef the Georgia Hazardous Chemical feist e ef before January 1 ef each yeaft"
TUESDAY, FEBRUARY 19, 1991
1011
Section 8. Said chapter is further amended by striking paragraph (2) of subsection (e) of Code Section 45-22-7, relating to material safety data sheets, and inserting in its place a new paragraph (2) to read as follows:
"(2) If the chemical is labeled pursuant to: {A)--The federal Insecticide, Fungicide, and Rodcnticidc Act; {B> (A) The federal Atomic Energy Act; {)--The federal Food, Drug and Cosmetics Act; {>} (B) The federal Resource Conservation Recovery Act; or".
Section 9. Said chapter is further amended by striking subsections (f) and (i) of Code Section 45-22-7, relating to material safety data sheets, and inserting in their places new subsections (f) and (i), respectively, to read as follows:
"(f) If an employer is not supplied with a material safety data sheet by a manufac turer, importer, or distributor for a hazardous chemical ether th a chemical er mixture regulated pursuant te the federal Insecticide, Fungicide, ad Rodcnticidc Aety federal r ood, i_JFU find \->osmctics Act, trie iCucFfti Atomic *nGry /vet, OF trie iccicrfli rxcsource Conservation Recovery Act; pursuant subject to this Code section, such employer shall, within a reasonable amount of time after discovering that a material safety data sheet has not been supplied, use diligent efforts to obtain such material safety data sheet from the manufacturer, importer, or distributor. For purposes of this subsection, 'diligent efforts' shall mean a prompt inquiry by the employer to the manufacturer, importer, or distributor of the hazardous chemicals; provided, however, that an independent contrac tor or subcontractor shall be responsible for obtaining the material safety data sheet for his employees in the workplace of another."
"(i) Every employer^ except as provided m subsection {h} ef this Code section, who manufactures, produces, uses, applies, or stores hazardous chemicals in the workplace shall post a notice as prescribed by rule promulgated by the department in a place where notices are normally posted, informing employees of their rights under this chap ter."
Section 10. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 45-22-8, relating to information and training standards, which reads as fol lows:
"(d) The information and training standards provided for in this Code section and established by the department shall not be implemented until after the promulgation of the Georgia Hazardous Chemical List and shall not be implemented unless sufficient funds are appropriated by the General Assembly for the purpose of providing such infor mation and training."
Section 11. Said chapter is further amended by striking Code Section 45-22-9, relating to publication of the employers' hazardous chemical list, and inserting in its place a new Code Section 45-22-9 to read as follows:
"45-22-9. On and after July 1, 1989, each employer shall publish in January and July of each year a list of hazardous chemicals that its employees use or are exposed to in the workplace. Such list shall be available for public inspection at the workplace office ef- such employer. A comprehensive list of all hazardous chemicals used by the employer shall also be available for public inspection at the employer's state headquarters."
Section 12. Said chapter is further amended by striking subsection (a) of Code Sec tion 45-22-11, relating to filing of employee grievances, and inserting in its place a new subsection (a) to read as follows:
"(a) In order to enforce the provisions of this chapter, any employee adversely affected by a violation of this chapter by that employee's employer may file a employee a grievance in accordance with the employer's established grievance procedures. Appointing authorities shall pursue all complaints concerning occupational exposure to hazardous chemicals. Employees dissatisfied with a final decision of an appointing authority may file a grievance with the Commissioner."
Section 13. All laws and parts of laws in conflict with this Act are repealed.
1012
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abemathy Y Adams Y Aiken E Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Y Barnett,B
Barnett.M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick
Branch Y Breedlove
Brooks Y Brown
Brush Buck Y Buckner YByrd Y Campbell Canty Y Carrell Carter Y Chafm Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Clatk,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M
Davis.G Y Davis,M
Don,H Y Dixon,S YDobbs
Dover Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Floyd,J.W
YFlynt YGodbee Y Golden Y Goodwin
Green Y Greene Y Griffin Y Groover
Y Hamilton Hammond Manner
Y Harris.B
Y Harris,J Y Heard Y Henson
Y Herbert Hightower
Y Holland Holmes
Y Howard Y Hudson
Irwin Y Jackson Y Jamieson
Jenkins
Y Jones Kilgore
YKing Kingston
Y Klein YLadd Y Lane.D Y Lane,R
Langford Lawrence Y Lawson YLee YLong YLord Y Lucas Lupton YMann Y Martin Y McCoy Y McKelvey McKinney,B McKinney.C Y Meadows Y Merritt YMilam Mills
Y Mobley Y Moody
Morsberger Y Moultrie
Mueller Oliver.C
Y 01iver,M YOrr
Orrock Y Padgett
Par ham Y Parrish
Patten
Y Pelote Y Perry Y Pettit
Pinholster
Pinkston YPoag
Porter Poston Y Powell.A Y Powell,C Y Purcell Randall
YRay N Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Sinkfield
Skipper Y Smith,L
Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor
Teper Thomas.C Thomas,M Thomas.N Y Thurmond Y Titus Y Tolbert Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder
Williams,B Williams,J Williams.R Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 119, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Thomas of the 31st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Brush of the 83rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Hightower of the 36th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.
HB 315. By Representative Childers of the 15th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry and dental hygienists, so as to change the definition of the acts which constitute the practice of dentistry.
TUESDAY, FEBRUARY 19, 1991
1013
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry and dental hygienists, so as to change the definition of the acts which constitute the practice of dentistry; 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 11 of Title 43 of the Official Code of Georgia Annotated, relating to the Georgia Board of Dentistry and the licensed practice of dentistry and dental hygienists, is amended by striking in its entirety subsection (a) of Code Section 43-11-17, relating to acts constituting the practice of dentistry, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as expressly provided in this chapter, any person who performs any of the following procedures, operations, or services shall be regarded as practicing dentistry within the meaning of this chapter:
(1) Operates or performs part of any dental operation of any kind in the treatment ef diseases er lesions ef th human mouth, teeth, gums, er jaws upon the human oral cavity, teeth, gingiva, alveolar process, maxilla, mandible or associated structures or associated contiguous masticatory structures for the treatment of diseases or lesions of such structures;
(2) Extracts teeth or attempts to correct a malposition thereof; (3) Fills or crowns a human tooth or teeth; (4) Does any dental operation whatsoever on the human mouth, teeth, gums, er jaws oral cavity, teeth, gingiva, alveolar process, maxilla, mandible or associated struc tures or associated contiguous masticatory structures; (5) Examines any human mouth, teeth, gums, er jaws oral cavity, teeth, gingiva, alveolar process, maxilla, mandible or associated structures or associated contiguous masticatory structures or takes an impression thereof for the purpose of diagnosing, treating, or operating upon the same; (6) Makes, repairs, adjusts, or relines appliances usable on teeth or as teeth unless such appliances, repairs, adjustment, or relines are ordered by and returned to a licensed dentist; (7) Undertakes to do or perform any physical evaluation of a patient in his office or in a hospital, clinic, or other medical or dental facility prior to, incident to, and appropriate to the performance of any dental services or oral or maxillofacial surgery; (8) Diagnoses dental radiographs or makes radiographs except for use by a licensed dentist or a licensed physician; or (9) By any means whatsoever makes it known, implies, or holds out to the public in any fashion that such person will do any of the operations, procedures, or services set forth in 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.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
E Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron
Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong
1014
JOURNAL OF THE HOUSE,
Y Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck Y Buckner
Byrd Y Campbell
Canty Y Carrell
Carter
Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark,E Y Clark.H
Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis.M
Dixon.H Y Dizon.S
Y Dobbs Dover Dunn Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Y Manner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert
Hightower Y Holland
Holmes Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing
Kingston Y Klein
YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam
Mills Y Mobley Y Moody Y Moraberger Y Moultrie Y Mueller
Oliver.C
Y Oliver.M YOrr
Orrock Y Padgett
Parham Y Parrish Y Patten
Y Pelote Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Poston
Y Powell,A Y Powell.C Y Purcell
Randall
YRay Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,?
Y Smith.T Y Smith,W
YSmyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor
Teper Thomas.C Thomas,M Thomas.N
Y Thurmond N Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan
Y Walker,J Walker,L
Y Wall
Ware Y Watson
Watts White Wilder Y Williams,B Williams,J Y Williams,R Y Yeargin Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 135, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Thomas of the 31st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Brush of the 83rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Wilder of the 21st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
SB 189. By Senators Deal of the 49th and Garner of the 30th:
A bill to amend Code Section 28-4-1, relating to the Legislative Services Com mittee of the General Assembly, so as to change the composition of the com mittee; to provide for related matters; to provide an effective date; and for other purposes.
The following amendment was read:
Representative Lawrence of the 49th moves to amend SB 189 as follows: On page 1, line 26 by inserting after the word "Representatives," the following: "the Minority Leader of the House of Representatives,".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
TUESDAY, FEBRUARY 19, 1991
1015
Abernathy N Adams
Aiken E Alford Y Atkins N Baker
N Balkcom N Barfoot N Bargeron N Barnett,B Y Barnett,M Y Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick N Branch
Y Breedlove Brooks Brown Brush
N Buck N Buckner NByrd Y Campbell
Canty N Carrell
Carter N Chafin N Chambless
Cheeks N Childers Y Clark,E Y Clark.H
Clark.L Y Coker
Coleman Colwell N Connell N Culbreth N Cummings.B Cummings.M N Davis.G Y Davis,M Dixon.H Dixon.S N Dobbs Dover Dunn Edwards N Elliott Felton N Fennel N Floyd,J.M Floyd,J.W N Flynt N Godbee N Golden Y Goodwin N Green N Greene N Griffin N Groover Y Hamilton Y Hammond
N Hanner N Harris.B
N Harris,J
Y Heard N Henson
N Herbert N Hightower N Holland
Holmes Y Howard
N Hudson N Irwin N Jackson
Jamieson N Jenkins Y Jones
Kilgore NKing Y Kingston Y Klein YLadd N Lane.D N Lane.R N Langford Y Lawrence N Lawson NLee N Long
NLord N Lucas
Lupton YMann N Martin N McCoy N McKelvey N McKinney.B
McKinney.C N Meadows N Merritt
Milam N Mills
N Mobley N Moody
Morsberger Y Moultrie Y Mueller
Oliver.C N Oliver.M YOrr
Orrock
N Padgett Par ham
N Parrish
N Patten
N Pelote
Perry N Pettit
Pinholster Pinks ton NPoag
Porter
Poston N Powell,A N Powell.C N Purcell
Randall NRay N Reaves N Redding N Ricketson N Royal N Selman N Sherrill
N Simpson
Sinkfield N Skipper N Smith.L
Y Smith.P N Smith.T Y Smith.W Y Smyre N Snow N Stancil.F Y Stancil.S
Stanley N Stephens N Streat N Taylor
Teper N Thomas, C
Thomas.M Thomas.N N Thurmond Y Titus Y Tolbert Townsend N Turnquest N Twiggs N Valenti Y Vaughan N Walker,J Walker.L
Y Wall Ware
N Watson Watts White
Y Wilder Y Williams.B
Williams.J Williams.R Y Yeargin Murphy.Spkr
On the adoption of the amendment, the ayes were 35, nays 96. The amendment was lost.
Representative Smyre of the 92nd stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Elliott of the 103rd stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken E Alford
Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck
Y Buckner YByrd Y Campbell
Canty Y Carrell
Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Clark.L Y Coker
Y Coleman Y Colwell
Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis.M
Dixon.H Dixon.S Y Dobbs Dover Dunn
Edwards
Y Elliott Y Pelton
Y Fennel Y Floyd,J.M
Floyd,J.W Y Flynt Y Godbee Y Golden
Y Goodwin Y Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Holmes
Y Howard
Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin
1016
JOURNAL OF THE HOUSE,
YMcCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody
Moraberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Par ham
Y Parrish Y Patten Y Pelote
Perry Y Pettit
Pinholster
Y Pinkston YPoag Y Porter
Pos ton
Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves
Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Y Simpaon Y Sinkfield
Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W Y Smyre
Y Snow Y Stancil.F Y Stancil.S
Stanley
Y Stephens Y Streat Y Taylor
Teper
Y Thomas.C Thomas.M Thomas.N Thurmond
Y Titus Y Tolbert
Townsend
Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson
Watts White Y Wilder Y Williams.B Williams,J Y Williams.R
Y Yeargin Murphy ,Spkr
On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Hammond of the 20th requested that on the preceding roll call his vote be recorded as "nay". He was voted "aye" by someone else.
Representative Hamilton of the 124th requested that on the preceding roll call his vote be recorded as "nay". He was voted "aye" by someone else.
Representative Dixon of the 128th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Yeargin of the 14th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
HB 296. By Representatives Teper of the 46th, Alford of the 57th, Sherrill of the 47th, Irwin of the 57th, Redding of the 50th and others:
A bill to amend Code Section 47-20-10 of the Official Code of Georgia Anno tated, relating to minimum employer contributions to retirement systems under the "Public Retirement Systems Standards Law," so as to provide that prefunding anticipated future costs of providing health care benefits for retired employees shall not be subject to such minimum funding require ments.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken E Alford
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks
Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Y Chafin Y Charnbless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G
Y Davis.M Dixon,H Dixon.S
Y Dobbs Dover Dunn
Y Edwards Elliott
Y Felton
Y Fennel Y Floyd,J.M
Floyd,J.W Y Flynt Y Godbee Y Golden
Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Hartis.B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
TUESDAY, FEBRUARY 19, 1991
1017
Holmes Y Howard Y Hudson
Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Y Lucas Lupton
YMann Y Martin Y McCoy Y McKelvey Y McKinney.B
McKinney.C
Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody
Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock
Y Padgett Parham
Y Parrish Y Patten Y Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves Y Redding
Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith,L Y Smith,P
Smith.T Y Smith, W Y Smyre YSnow Y Stancil.F Y StanciLS
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert
Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 292. By Representative Reaves of the 147th:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to enact the "Equine Activities Immunity Act".
The following Committee substitute was read:
A BILL
To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to enact the "Equine Activities Immunity Act"; to provide for a short title; to provide for definitions; to provide that an equine activity sponsor or an equine professional shall not be liable for an injury to or death of a participant engaged in an equine activity; to provide that no action may be brought against an equine activity sponsor or an equine professional; to provide for exceptions; to provide for the posting of signs and warning notices; to provide for related matters; to provide for applicability; 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 4 of the Official Code of Georgia Annotated, relating to animals, is amended by adding a new Chapter 12 to read as follows:
"CHAPTER 12
4-12-1. This chapter shall be known and may be cited as the 'Equine Activities Immunity Act.'
4-12-2. As used in this chapter, the term: (1) 'Engages in an equine activity' means a person who, whether mounted or
unmounted, rides, trains, drives, or is a passenger upon an equine and does not mean a spectator at an equine activity or a person who participates in the equine activity but does not ride, train, drive, or ride as a passenger upon an equine.
(2) 'Equine' means a horse, pony, mule, donkey, or hinny. (3) 'Equine activity' means:
(A) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo games, steeplechasing, endurance trail riding and western games, and hunting;
1018
JOURNAL OF THE HOUSE,
(B) Equine training or teaching activities;
(C) Boarding equities; (D) Riding, inspecting, or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; and (E) Rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor. (4) 'Equine activity sponsor' means an individual, group or club, partnership, or corporation, whether or not the sponsor is operating for profit or is nonprofit, which sponsors, organizes, or provides the facilities for an equine activity, including but not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college spon sored classes and programs, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including but not limited to stables, clubhouses, ponyride strings, fairs, and arenas at which an equine activity is held. (5) 'Equine professional' means a person engaged for compensation in instructing a participant or in renting to a participant an equine for the purpose of the participant's riding, driving, or being a passenger upon the equine or in renting equip ment or tack to a participant. (6) 'Participant' means any person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity. 4-12-3. (a) Except as provided otherwise by subsection (b) of this Code section, an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant engaged in an equine activity and no participant or a participant's representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant engaged in an equine activity. (b) Nothing in subsection (a) of this Code section shall prevent or limit the liability of an equine activity sponsor or an equine professional:
(1) If the equine activity sponsor or the equine professional: (A) Negligently provided equipment or tack and the equipment or tack caused
the injury; or (B) Provided the equine and failed to make reasonable and prudent efforts to
determine the ability of the participant to manage safely the particular equine;
(2) If the equine activity sponsor or the equine professional owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a latent condition which was known to or should have been known to the equine activity sponsor or the equine professional and for which signs, similar to the signs provided in Code Section 4-12-4, warning of the latent condition have not been conspicuously posted;
(3) If the equine activity sponsor or the equine professional commits an act or omission that constitutes willful or wanton misconduct that shows a disregard for the safety of the participant and that act or omission caused the injury;
(4) If the equine activity sponsor or the equine professional intentionally injures the participant; or
(5) Under liability provisions as set forth in the products liability laws.
4-12-4. (a) Every equine activity sponsor and equine professional shall post and maintain signs which contain the warning notice specified in subsection (b) of this Code section. Such signs shall be placed in a clearly visible location on or near stables, corrals,
or arenas where the equine activity sponsor or equine professional conducts equine activ ities. The warning notice specified in subsection (b) of this Code section shall appear
on the sign in black letters, with each letter to be a minimum of one inch in height.
Every written contract entered into by an equine activity sponsor or equine professional for the providing of professional services, instruction, or the rental of equipment, tack,
or an equine to a participant, whether or not the contract involves equine activities on
TUESDAY, FEBRUARY 19, 1991
1019
or off the location or site of the equine activity sponsor's or equine professional's busi ness, shall contain in clearly readable print the warning notice specified in subsection (b) of this Code section.
(b) The signs and contracts described in subsection (a) of this Code section shall contain the following warning notice:
WARNING Under Georgia law, an equine activity sponsor or equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Chapter 12 of Title 4 of the O.C.G.A. (c) Failure to post warning signs as provided in this Code section shall prevent an equine activity sponsor or an equine professional from invoking the privileges of immu nity provided by this chapter."
Section 2. This Act shall become effective July 1, 1991, and the provisions of this Act shall apply only to those causes of action filed on or after July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Clark of the 20th (Post 4) moves to amend the Committee substitute to HB 292 as follows:
On page 5, line 20 strike the words:
"post warning signs as" and insert in lieu thereof:
"comply with the requirements concerning warning signs and notices".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken E Alford
Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Bamett,B Y Barnett,M Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty
Y Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers
Y Clark.E Y Clark,H Y Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis.G Y Davis.M
Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Edwards Y Elliott
Y Felton Y Fennel Y Floyd,J.M
Floyd.J.W YFlynt Y Godbee
Y Golden Y Goodwin Y Green Y Greene
Y Griffin Y Groover Y Hamilton
Y Hammond Y Manner Y Harris.B
Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody
Morsberger Y Moultrie
Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
1020
JOURNAL OF THE HOUSE,
Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,? Y Smith,T Y Smith.W
Smyre
Y Snow Y Stancil,F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas,C Y Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend N Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall N Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
WilliamsJ Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Representative Stanley of the 33rd stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 554. By Representatives King of the 72nd, Childers of the 15th and Buckner of the 72nd:
A bill to amend Code Section 17-10-15 of the Official Code of Georgia Anno tated, relating to HIV testing of persons who commit AIDS transmitting crimes, so as to require those tests upon indictment for such crimes.
The following Committee substitute was read and withdrawn:
A BILL
To amend Code Section 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, so as to provide proce dures for such tests on persons arrested for certain offenses; to remove the discretion to order such tests; to require disclosure to victims of certain such crimes; to provide for the psychological and physical well-being of the victim; to provide for a definition; to prohibit the use of results of tests and related information in certain criminal proceedings; to pro vide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
"17-10-15. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) After the arrest of any person charged with a sexual offense as defined in Code Section 31-22-9.1 or other crime which involves significant exposure as defined bj[ sub section (g) of this Code section, a victim or the parent or guardian of a minor victim of said crime may request that the agency responsible for prosecuting the offense request that the person arrested submit to a test for the human immunodeficiency virus and consent to the release of the test results to the victim. Upon a petition submitted to a judge of the superior court, if the judge determines that sufficient evidence exists to indicate that significant exposure occurred, the court may order the test be performed in compliance with the rules adopted by the Department of Human Resources. The cost of the test shall be borne by the victim.
{b) (c) Upon a verdict or plea of guilty or a plea of nolo contendere to any AIDS transmitting crime, the court in which that verdict is returned or plea entered may i its discretion and after conferring with the director ef the health district, s saeh effieer is provided f&r H Code Section 31-3-16, shall require the defendant in such case to sub mit to an HIV test within 45 days following the date of the such verdict or plea. The
TUESDAY, FEBRUARY 19, 1991
1021
clerk of the court in such case shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Department of Human Resources.
{e} (d) The Department of Human Resources, within 30 days following receipt of the notification court's order under subsection (b) of this Code section or within 30 days fol lowing receipt of the copy of the verdict or plea under subsection (c) of this Code sec tion, shall arrange for the HIV test for the person required to submit thereto.
{et> (e) Any person required under this Code section to submit to the HIV test who fails or refuses to submit to the test arranged pursuant to subsection {e} (d) of this Code section shall be subject to such measures deemed necessary by the court in which the order was entered, verdict was returned^ or plea was entered to require involuntary sub mission to the HIV test, and submission thereto may also be made a condition of sus pending or probating any part of that person's sentence for the AIDS transmitting crime.
{e) (Q If a person is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the person shall be reported to:
(1) The Department of Human Resources, which may shall disclose the name of the person if necessary te provide and shaH as necessary to provide counseling to each victim of that person's AIDS transmitting crime if that crime is other than one speci fied in subparagraph (a)(3)(J) of Code Section 31-22-9.1 or to any parent or guardian of any such victim who is a minor or incompetent person tf the Department ef Human Resources believes th crime pesed- a- reasonable risk ef- transmitting HfV- te the vi ct mi}
(2) The court which ordered the HIV test, which court shall make that report a part of that person's criminal record and may be authorized to consider that report in imposing sentence. That report shall be sealed by the court; and
(3) The officer in charge of any penal institution or other facility in which the per son has been confined by order or sentence of the court for purposes of enabling that officer to confine the person separately from those not infected with HIV. (g) For the purposes of subsection (b) of this Code section, 'significant exposure' means contact of the victim's ruptured or broken skin or mucous membranes with a person's blood or body fluids, other than tears, saliva, or perspiration, of a magnitude that the Centers for Disease Control have epidemiologically demonstrated can result in transmission of the human immunodeficiency virus. (h) The state may not use the fact that a medical procedure or test was performed on a person under this Code section or use the results of the procedure or test in any criminal proceeding arising out of the alleged offense."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Childers of the 15th, et al., was read:
A BILL
To amend Code Section 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, so as to provide proce dures for such tests on persons arrested for certain offenses; to remove the discretion to order such tests in certain circumstances; to require disclosure to victims of certain such crimes or to the parents or guardians of such victims; to provide for the psychological and physical well-being of the victim; to provide for a definition; to prohibit the use of results of tests and related information in certain criminal or civil proceedings; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
1022
JOURNAL OF THE HOUSE,
"17-10-15. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) A victim or the parent or legal guardian of a minor or incompetent victim of a sexual offense as defined in Code Section 31-22-9.1 or other crime which involves signifi cant exposure as defined bjr subsection (g) of this Code section, may request that the agency responsible for prosecuting the alleged offense request that the person arrested for such offense submit to a test for the human immunodeficiency virus and consent to the release of the test results to the victim. If the person so arrested declines to submit to such a test, the judge of the superior court in which the criminal charge is pending, upon a showing of probable cause that the person arrested for the offense committed the alleged crime and that significant exposure occurred, may order the test to be per formed in compliance with the rules adopted by the Department of Human Resources. The cost of the test shall be borne by the victim.
{b) (c) Upon a verdict or plea of guilty or a plea of nolo contendere to any AIDS transmitting crime, the court in which that verdict is returned or plea entered may rts discretion aftd after conferring wtth th director ef the haHh district, as saeh ffieer is provided for Code Section 31-3-16, shall require the defendant in such case to sub mit to an HIV test within 45 days following the date of the such verdict or plea. The clerk of the court in such case shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Department of Human Resources.
{e} (d) The Department of Human Resources, within 30 days following receipt of the notification court's order under subsection (b) of this Code section or within 30 days fol lowing receipt of the copy of the verdict or plea under subsection (c) of this Code sec tion, shall arrange for the HIV test for the person required to submit thereto.
{d} (e) Any person required under this Code section to submit to the HIV test who fails or refuses to submit to the test arranged pursuant to subsection {e} (d) of this Code section shall be subject to such measures deemed necessary by the court in which the order was entered, verdict was returnedj or plea was entered to require involuntary sub mission to the HIV test, and submission thereto may also be made a condition of sus pending or probating any part of that person's sentence for the AIDS transmitting crime.
4f) (f) If a person is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the person shall be reported to:
(1) The Department of Human Resources, which may shall disclose the name of the person if- necessary te provide srtA shall as necessary to provide counseling to each victim of that person's AIDS transmitting crime if that crime is other than one speci fied in subparagraph (a)(3)(J) of Code Section 31-22-9.1 or to any parent or guardian of any such victim who is a minor or incompetent person if th Department ef Human
itCSOUFC63 DCllCVCS %n& CHHMJ |)O9Cu ft FC&9OW1D1C F19K Or tfftH9H11*11H. 1 U V v& IflC
(2) The court which ordered the HIV test, which court shall make that report a part of that person's criminal record and may be authorized to consider that report in imposing sentence. That report shall be sealed by the court; and
(3) The officer in charge of any penal institution or other facility in which the per son has been confined by order or sentence of the court for purposes of enabling that officer to confine the person separately from those not infected with HIV. (g) For the purpose of subsection (b) of this Code section, 'significant exposure' means contact of the victim's ruptured or broken skin or mucous membranes with the blood or body fluids of the person arrested for such offense, other than tears, saliva, or perspiration, of a magnitude that the Centers for Disease Control have epidemiologically demonstrated can result in transmission of the human immunodeficiency virus. (h) The state may not use the fact that a medical procedure or test was performed on a person under this Code section or use the results of the procedure or test in any criminal proceeding arising out of the alleged offense."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
TUESDAY, FEBRUARY 19, 1991
1023
The following amendment was read and adopted:
Representative Stephens of the 68th moves to amend the Floor substitute to HB 554 as follows:
Page 2, line 13 add after the word victim "or by the arrested person, in the discretion of the court."
The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 117, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
HB 255. By Representative Goodwin of the 63rd:
A bill to amend Chapter 2 of Title 45 of the Official Code of Georgia Anno tated, relating to eligibility and qualifications for public office, so as to pro vide that a public employee who commits a certain drug related felony after a certain date shall not be eligible to serve as a public employee after the date of final conviction.
The following Committee substitute was read and withdrawn:
A BILL
To amend Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to eligibility and qualifications for public office, so as to provide that a person who com mits a certain drug related felony after a certain date shall not be eligible to serve as a public employee after the date of final conviction unless rights are restored by pardon; to provide for definitions; to provide for other matters relative to the foregoing; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to eligibility and qualifications for public office, is amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
45-2-60. As used in this article, the term: (1) 'Conviction' means a judgment of conviction for the commission of a crime
which is entered upon a verdict or plea of guilty. (2) 'Drug related crime' means a felony specified in subsection (b) of Code Section
16-13-30 and any felony specified in Code Section 16-13-31. (3) 'Final conviction' means a conviction has been upheld after the convicted per
son has exhausted all appeals of the conviction. (4) 'Political subdivision' means any county, municipality, or local school district. (5) 'Public employee' means appointed officials and employees of the state or any
branch, department, board, bureau, commission, authority, or other agency of the state and appointed officials and employees of any political subdivision or authority or other agency of a political subdivision. 45-2-61. Any person who commits a drug related crime after June 30, 1991, and who is finally convicted for the commission of such crime shall not at any time after the date
1024
JOURNAL OF THE HOUSE,
of final conviction be eligible for appointment or employment as a public employee unless restored to all his rights of citizenship by a pardon from the State Board of Par dons and Paroles.
45-2-62. The restoration of civil rights after the completion of a sentence shall not cause a person to be eligible for appointment or employment as a public employee in violation of Code Section 45-2-61."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Goodwin of the 63rd, was read and adopted:
A BILL
To amend Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to eligibility and qualifications for public office, so as to provide that a person who com mits a certain drug related felony after a certain date shall not be eligible to serve as a public employee after the date of final conviction unless the person is granted a pardon or unless such person's civil rights are restored after the completion of the sentence; to provide for definitions; to provide for other matters relative to the foregoing; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to eligibility and qualifications for public office, is amended by adding at the end thereof a new Article 4 to read as follows:
"ARTICLE 4
45-2-60. As used in this article, the term: (1) 'Conviction' means a judgment of conviction for the commission of a crime
which is entered upon a verdict or plea of guilty. (2) 'Drug related crime' means a felony specified in subsection (b) of Code Section
16-13-30 and any felony specified in Code Section 16-13-31. (3) 'Final conviction" means a conviction has been upheld after the convicted per
son has exhausted all appeals of the conviction. (4) 'Political subdivision' means any county, municipality, or local school district. (5) 'Public employee' means appointed officials and employees of the state or any
branch, department, board, bureau, commission, authority, or other agency of the state and appointed officials and employees of any political subdivision or authority or other agency of a political subdivision. 45-2-61. A person who commits a drug related crime after June 30, 1991, and who is finally convicted for the commission of such crime shall not at any time after the date of final conviction be eligible for appointment or employment as a public employee unless such person is granted a pardon or unless such person's civil rights are restored after the completion of the sentence."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Y Aiken
E Alford Y Atkins
N Baker
Balkcom N Barfoot
Y Bargeron
Y Barnett,B N Barnett.M
N Bates
Y Beatty N Benefield
N Birdsong
N Blitch N Bordeaux N Bostick N Branch Y Breedlove N Brooks N Brown N Brush YBuck N Buckner NByrd Y Campbell N Canty N Carrell Y Carter Y Chafin
Chambless N Cheeks N Childera
Y Clark,E Y Clark,H Y Clark,L N Coker
Coleman N Colwell
Y Connell N Culbreth
N Cummings,B Cummings.M Davis.G
Y Davis.M Dixon.H
Dixon.S
TUESDAY, FEBRUARY 19, 1991
Y Dobbs Dover Dunn Edwards
Y Elliott Felton Fennel Floyd,J.M
N Floyd,J.W N Flynt N Godbee N Golden Y Goodwin
Green Y Greene N Griffin
N Groover N Hamilton N Hammond
Manner N Harris,B Y Harris,J Y Heard N Henson
Y Herbert N Hightower
Y Holland Y Holmes N Howard N Hudson NIrwin N Jackson N Jamieson
Y Jenkins N Jones N Kilgore NKing Y Kingston N Klein YLadd Y Lane,D Y Lane.R N Langford Y Lawrence N Lawson NLee YLong NLord
N Lucas Y Lupton NMann N Martin N McCoy Y McKelvey N McKinney.B
McKinney.C N Meadows Y Merritt Y Milam N Mills N Mobley Y Moody
Morsberger Y Moultrie
N Mueller N Oliver.C
N Oliver.M NOrr
Orrock N Padgett N Parham Y Parrish
Patten N Pelote Y Perry Y Pettit Y Pinholster
Pinks ton NPoag N Porter N Poston Y Powell,A Y Powell.C Y Purcell
Randall
Ray Y Reaves N Redding N Ricketson Y Royal Y Selman N Sherrill N Simpson N Sinkfield Y Skipper Y Smith.L Y Smith,P N Smith.T Y Smith,W
1025
N Smyre YSnow N Stancil.F Y Stancil.S N Stanley Y Stephens N Streat N Taylor N Teper N Thomas.C N Thomas.M N Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend N Turnquest N Twiggs N Valenti N Vaughan
Walker.J Y Walker.L Y Wall N Ware N Watson N Watts
White Y Wilder Y WilliamsJB
Williams,J Y Williams.R N Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 64, nays 88.
The Bill, by substitute, having failed to receive the requisite constitutional majority, was lost.
Representative Goodwin of the 63rd gave notice that at the proper time he would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 255.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:
HB 62. By Representative Redding of the 50th:
A bill to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to provide that a head of a household may produce 200 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes.
The following Committee substitute was read and withdrawn:
A BILL
To amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to provide that a head of a household may produce 100 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes; to provide a definition; to repeal conflicting laws; and for other purposes.
1026
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Anno tated, relating to general provisions regarding malt beverages, is amended by adding at the end thereof a new Code Section 3-5-4 to read as follows:
"3-5-4. (a) A head of a household may produce 100 gallons of malt beverages in any one calendar year to be consumed within his or her own household without any require ment to be licensed for such purpose. No malt beverages produced under this subsection shall be sold or offered for sale. Malt beverages so produced shall not be subject to any excise tax imposed by this chapter.
(b) For purposes of this Code section, a single person who is not a dependent of another person for purposes of Georgia income taxation shall be considered a head of a household."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Redding of the 50th, was read:
A BILL
To amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to provide that a head of a household may produce 25 gallons or 95 liters of malt beverages per year for home con sumption without being licensed or paying excise taxes; to provide a definition; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Anno tated, relating to general provisions regarding malt beverages, is amended by adding at the end thereof a new Code Section 3-5-4 to read as follows:
"3-5-4. (a) A head of a household may produce 25 gallons or 95 liters of malt bever ages in any one calendar year to be consumed within his or her own household without any requirement to be licensed for such purpose. No malt beverages produced under this subsection shall be sold or offered for sale. Malt beverages so produced shall not be sub ject to any excise tax imposed by this chapter.
(b) For purposes of this Code section, a single person who is not a dependent of another person for purposes of Georgia income taxation shall be considered a head of a household."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Childers of the 15th moves to amend the Floor substitute to HB 62 as follows:
By adding after the word taxation on line 23 page 1 the words "and who are of the age of 21 or older".
The Floor substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was follows:
TUESDAY, FEBRUARY 19, 1991
1027
Y Abernathy N Adams Y Aiken E Alford Y Atkins Y Baker N Balkcom Y Barfoot N Bargeron N Barnett.B Y Barnett,M Y Bates N Beatty N Benefield N Birdsong N Blitch Y Bordeaux Y Bostick
N Branch Y Breedlove Y Brooks Y Brown N Brush YBuck
N Buckner NByrd Y Campbell Y Canty N Carrell N Carter N Chafin N Chambless
Cheeks N Childers N Clark,E N Clark,H
N Clark.L Y Coker Y Coleman
Colwell Y Connell Y Culbreth N Cummings.B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H N Dixon.S Y Dobbs Y Dover YDunn
N Edwards N Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
N Godbee Y Golden Y Goodwin
Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Y Banner Y Harris.B Y Harris,J N Heard Y Henson
N Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson N Jamieson N Jenkins N Jones Y Kilgore NKing Y Kingston Y Klein
NLadd N Lane.D N Lane.R Y Langford
Lawrence Y Lawson NLee N Long YLord Y Lucas
Y Lupton NMann
Martin Y McCoy N McKelvey Y McKinney.B
McKinney.C N Meadows Y Merritt N Milam N Mills
Y Mobley N Moody
Morsberger N Moultrie Y Mueller Y Oliver.C Y Oliver.M NOrr Y Orrock N Padgett Y Parham Y Fairish
N Patten Y Pelote Y Perry Y Pettit N Pinholster
Pinkston
NPoag Porter
Y Poston N PowelI,A Y Powell.C Y Purcell
Randall YRay N Reaves Y Redding N Ricketson N Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper
N Smith,L
N Smith.P Smith.T
Y Smith,W Y Smyre YSnow Y Stancil.F N Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
N Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus N Tolbert
Y Townsend Turnquest Twiggs
Y Valenti
N Vaughan Y Walker,J Y Walker,L YWall N Ware Y Watson N Watts
White Y Wilder N Williams,B
Williams,J N Williams.R N Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 95, nays 64.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
By unanimous consent, HR 32, which was previously postponed until today, was post poned until tomorrow.
The following communication was received:
House of Representatives Legislative Office Building, Room 613
Atlanta, Georgia 30334
February 19, 1991
Mr. Glenn Ellard Clerk House of Representatives Room 309, State Capitol Atlanta, Georgia 30334
Dear Mr. Ellard,
Please have the House Journal reflect I was excused from the General Assembly Ses sion on February 19, 1991 due to my Father's serious operation.
Sincerely, /s/ Dean Alford
DA:bd
1028
JOURNAL OF THE HOUSE,
Representative Kilgore of the 42nd District, Chairman of the Committee on Educa tion, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 180 Do Pass HB 344 Do Pass, by Substitute HB 584 Do Pass, by Substitute
HB 744 Do Pass, by Substitute HB 146 Do Pass HB 319 Do Pass, by Substitute
Respectfully submitted, /s/ Kilgore of the 42nd
Chairman
Representative Balkcom of the 140th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 706 Do Pass
Respectfully submitted, Is/ Balkcom of the 140th
Chairman
Representative Holmes of the 28th District, Chairman of the Committee on Govern mental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 601 Do Pass HB 670 Do Pass SB 25 Do Pass
Respectfully submitted, /s/ Holmes of the 28th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
TUESDAY, FEBRUARY 19, 1991
1029
HB 492 Do Pass, as Amended HB 679 Do Pass, as Amended HB 739 Do Pass
Respectfully submitted, Is/ Thomas of the 69th
Chairman
Representative Barnett of the 10th District, Vice-Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 15 Do Pass, by Substitute HB 123 Do Pass, by Substitute HB 133 Do Pass, by Substitute HB 139 Do Pass, by Substitute HB 261 Do Pass, by Substitute HB 468 Do Pass
HB 494 Do Pass, by Substitute HB 574 Do Pass, as Amended HB 613 Do Pass HB 646 Do Pass, as Amended HB 653 Do Pass SR 32 Do Pass
Respectfully submitted, /s/ Barnett of the 10th
Vice-Chairman
Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 53 Do Pass
Respectfully submitted, /s/ Twiggs of the 4th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 334 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
1030
JOURNAL OF THE HOUSE,
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
WEDNESDAY, FEBRUARY 20, 1991
1031
Representative Hall, Atlanta, Georgia Wednesday, February 20, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abernathy Adams Aiken Alford Atkins Baker Balkcora Barfoot Bargeron Barnett.B Barnett,M Bates
Beatty Benefield Birdsong
Blitch Bordeaux Bostick Branch Breedlove Brooks Brown Brush Buck Buckner Byrd Campbell
Carrell Carter Chafin Chambless Cheeks
Childers Clark.E Clark,H Clark.L Coker Coleman Colwell Connell Culbreth Cummings,B Davis.G Davis,M Dixon.H
Dixon.S
Dobbs Dover Elliott Felton Fennel Floyd.J.M Floyd,J.W Flynt God bee Golden Goodwin Green Greene Griffin
Groover Hammond Hanner Harris,B
Harris.J Heard Henson Herbert
Hightower Holland Howard Hudson Irwin Jackson Jenkins
Jones Kilgore King Kingston
Klein Ladd Lane,D Lane.R Lawrence
Lawson Lee
Long
Lord
Mann
Martin McCoy McKelvey McKinney,B McKinney.C Meadows Merritt
Mills Mobley Moody Morsberger Moultrie Mueller Oliver.C Oliver.M
Orr Padgett Parham Parrish Patten Pelote Perry
Pettit
Poag Powell,A Powell.C Purcell
Ray Reaves Redding Ricketson
Royal Selman Sherrill Simpson
Sinkfield Skipper Smith.L
Smith.P Smith.T Smith.W Snow Stancil.F Stancil.S Stanley Stephens Streat Taylor Teper Thomas.C Thomas.M Thomas.N Thurmond Titus Tolbert Townsend
Turnquest
Valenti
Vaughan
Walker,J
Wall
Ware
Watson
Watts
Wilder
Williams,J
Williams.R
Yeargin
Murphy.Spkr
Prayer was offered by the Reverend Omer M. Reid, Pastor, Springfield Baptist Church, Sparta, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
1032
JOURNAL OP THE HOUSE,
4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 797. By Representative Alford of the 57th:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of electrical contractors, plumbers, condi tioned air contractors, low-voltage contractors, and utility contractors, so as to change the declaration of purpose of such chapter.
Referred to the Committee on Industry.
HB 798. By Representative Connell of the 87th:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveil lance, and related offenses, so as to provide that any individual, partnership, association, joint-stock company, trust, or corporation authorized to transact business within the State of Georgia may monitor and record telephone con versations between its employees and its customers for the sole purpose of developing customer service.
Referred to the Committee on Judiciary.
HB 799. By Representatives Ware of the 77th, Ricketson of the 82nd, Lawson of the 9th, Jones of the 71st and Lucas of the 102nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise and modernize extensively provisions relating to fraternal benefit societies.
Referred to the Committee on Insurance.
HB 800. By Representative Stancil of the 66th:
A bill to provide that the school superintendent of the Oconee County School District shall be appointed by the board of education rather than elected.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 801. By Representative Cummings of the 17th:
A bill to amend Code Section 47-13-40.1 of the Official Code of Georgia Annotated, relating to authority to maintain membership in the District Attorneys' Retirement System while holding office as a superior court judge, so as to provide that a superior court judge who was a former member of such retirement system at the time of taking office may elect to continue membership in such retirement system.
Referred to the Committee on Retirement.
WEDNESDAY, FEBRUARY 20, 1991
1033
HB 802. By Representatives Stencil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act incorporating the City of Canton, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 803. By Representatives Stencil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to create a board of elections and registration for Cherokee County and provide for its powers and duties.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 804. By Representative Lane of the 27th:
A bill to amend Article 3 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia State Games Commission, so as to change the provisions relating to membership of the commission.
Referred to the Committee on State Planning & Community Affairs.
HR 345. By Representatives Titus of the 143rd, Royal of the 144th and Long of the 142nd:
A resolution urging the United States Postmaster General to properly recog nize Henry Ossian Flipper with the issuance of a commemorative postage stamp.
Referred to the Committee on Rules.
HR 346. By Representative Birdsong of the 104th: A resolution designating the Elmer A. Dennard Highway.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the com mittees:
HB 805. By Representatives Atkins of the 21st, Vaughan of the 20th, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Klein of the 21st and others:
A bill to create the Cobb County Commission for Operation Desert Storm Family Assistance.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 806. By Representatives Clark of the 20th (Post 4), Clark of the 20th (Post 3) and Coker of the 21st:
A bill to amend Code Section 9-10-91 of the Official Code of Georgia Anno tated, relating to grounds for exercise of jurisdiction over a nonresident, so as to provide expressly for jurisdiction over a nonresident in petitions for modification of child support or alimony in certain circumstances.
Referred to the Committee on Judiciary.
1034
JOURNAL OF THE HOUSE,
HB 807. By Representatives Clark of the 20th (Post 4), Clark of the 20th (Post 3) and Vaughan of the 20th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to uniform rules of the road, so as to provide for establish ment of a motor vehicle theft prevention program.
Referred to the Committee on Motor Vehicles.
HB 808. By Representatives Coleman of the 118th, Walker of the 115th and Buck of the 95th:
A bill to amend Code Section 32-5-21 of the Official Code of Georgia Anno tated, relating to the priority of expenditures from the State Public Trans portation Fund, so as to provide for payments into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund.
Referred to the Committee on Appropriations.
HB 809. By Representative Coleman of the 118th:
A bill to amend an Act providing a new charter for the City of Eastman, so as to extend and increase the corporate limits of the City of Eastman.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 810. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act creating the Dade County Water and Sewer Author ity, so as to change the provisions relating to members of the authority and the appointment and manner of filling vacancies relative thereto.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 811. By Representatives Poston of the 2nd, Holland of the 136th, Perry of the 5th, McCoy of the 1st, Poag of the 3rd and others:
A bill to amend Code Section 27-3-48 of the Official Code of Georgia Anno tated, relating to unlawful killing of wildlife at night and condemnation of property, so as to provide that the superior court where a condemnation is filed may retain the property for official use by any agency or political subdi vision of the state.
Referred to the Committee on Game, Fish & Parks.
HB 812. By Representatives Perry of the 5th and Poston of the 2nd:
A bill to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to the purchase and use of motor vehicles by departments and agencies of state government, so as to provide that certain vehicles shall hot be required to be marked with the state seal or other departmental or agency identification.
Referred to the Committee on Public Safety.
HB 813. By Representative Perry of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and the solicitor of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
WEDNESDAY, FEBRUARY 20, 1991
1035
HB 814. By Representatives Alford of the 57th, Dobbs of the 74th, Milam of the 81st and Ware of the 77th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Water Quality Control Act," so as to establish limits on the amount of phosphorus which may be contained in waste water discharged by certain water pollution control plants into the Chattahoochee River between Buford Dam and West Point Reservoir on or after January 1, 1992.
Referred to the Committee on Natural Resources & Environment.
HB 815. By Representative Connell of the 87th:
A bill to amend Part 1 of Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the payment of workers' compensa tion benefits for medical attention, so as to revise provisions relative to reha bilitation benefits.
Referred to the Committee on Judiciary.
HB 816. By Representative Campbell of the 23rd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Anno tated, relating to alimony and child support generally, so as to change the provisions relating to computation of child support awards and the guidelines for determining the amount of such awards.
Referred to the Committee on Judiciary.
HB 817. By Representative Hamilton of the 124th:
A bill to amend Code Section 20-2-11 of the Official Code of Georgia Anno tated, relating to budgets and funds for the Department of Education and the State School Superintendent, so as to provide that no employee of the department shall be paid a salary in excess of the amount authorized by law for the State School Superintendent.
Referred to the Committee on Education.
HB 818. By Representatives Pinholster of the 8th, Stancil of the 8th, Williams of the 48th, Felton of the 22nd and Heard of the 43rd:
A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal affairs subcommittees, so as to provide for periodic review of all departmental programs which cause continuing appropriations.
Referred to the Committee on Appropriations.
HR 347. By Representatives Thomas of the 69th, Chambless of the 133rd, Lee of the 72nd, Walker of the 115th and Groover of the 99th:
A resolution creating the Joint Study Committee on Fines and Forfeitures and an advisory council thereto.
Referred to the Committee on Rules.
1036
JOURNAL OF THE HOUSE,
HR 348. By Representatives Patten of the 149th, Breedlove of the 60th and Barfoot of the 120th:
A resolution creating the Water Resource Conservation Management Study Committee.
Referred to the Committee on Natural Resources & Environment.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 770 HB 771 HB 772 HB 773 HB 774 HB 775 HB 776 HB 778 HB 779 HB 780 HB 781 HB 782 HB 783 HB 784 HB 785 HB 786 HB 787 HB 788 HB 789 HB 790 HB 791 HB 792
HB 793 HB 794 HB 795 HB 796 HR 336 HR 337 HR 343 SB 67 SB 79 SB 172 SB 174 SB 211 SB 225 SB 229 SB 272 SB 279 SB 321 SB 327 SB 329 SR 122 SR 129 SR 151
Representative Reaves of the 147th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 660 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 343 Do Pass, by Substitute
WEDNESDAY, FEBRUARY 20, 1991
1037
Respectfully submitted, /a/ Lee of the 72nd
Chairman
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 577 Do Pass, as Amended HB 567 Do Pass HB 540 Do Pass
Respectfully submitted, /s/ Randall of the 101st
Chairman
Representative Colwell of the 4th District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 731 Do Pass HB 763 Do Pass SB 99 Do Pass
SB 183 Do Pass SR 106 Do Pass SR 140 Do Pass, by Substitute
Respectfully submitted, /s/ Colwell of the 4th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 488 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
1038
JOURNAL OF THE HOUSE,
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 764 Do Pass HB 766 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 20, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 25th Legislative Day as enu merated below:
HB 12 Aliens; Prohibit Ownership of Public Utilities HB 15 License Plates; County Decal; Prohibitions HB 295 Conditioned Air Contractors; Licenses; Continuing Education HB 319 Proprietary Schools; Tuition Guaranty Trust Fund; Establish HB 344 Interlocal Risk Management Agencies; Certain Participation HB 406 Occupational Disease; Claim; Extend Time for Filing HB 470 Check Cashers; Licensing; Change an Exemption HB 569 Dispossessory Proceedings; Summons, Etc.; Magistrate Court HB 584 Libraries; Boards of Trustees; Members HB 607 Atlanta, Mtr. Veh. Self-Insurance; Amend Population Figures HB 608 Local Govts.; Certain Provisions; Amend Population Figures HB 609 Revenue Code; Certain Provisions; Change Population Figures HB 611 Pub. Safety Radio Service; Coordinated Use; Certain Municipalities HB 612 Atlanta; City Business Improvement Districts; Repeal Act Providing HB 614 Housing Authority Commissioners; Tenure and Qualifications HB 615 Atlanta; Public Works Projects; Powers and Funding HB 679 Prosecuting Attorneys' Council; Certain Personnel; Compensation HB 739 Limited Partnership; Indemnification; Provisions
HR 32 Fiscal Year; April 1 - March 31; Authorization - CA (Postponed) HR 101 Ga. Council on Environmental Quality; Urge Creation
SB 112 DA/Solicitor; Military Duty; Provisions
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, kl Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House were taken up for considera tion and read the third time:
HB 764. By Representatives Dixon of the 151st and Blitch of the 150th:
A bill to amend an Act creating the Downtown Waycross Development Authority, so as to change the composition of the Authority; to provide for the term of office of the additional member; to authorize the Authority to contract with Ware County for the collection of any taxes levied by the Authority.
WEDNESDAY, FEBRUARY 20, 1991
1039
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 766. By Representatives Jamieson of the llth, Dover of the llth and Beatty of the 12th:
A bill to amend an Act providing a salary for the coroner of Banks County, so as to change the compensation of the coroner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 176. By Senator Broun of the 46th:
A bill to amend Chapter 6 of Title 45 of the Official Code of Georgia Anno tated, relating to powers and duties of public officers and employees, so as to revise the method in which certain state officials provide certain annual reports to members of the General Assembly.
SB 199. By Senators Olmstead of the 26th, Harris of the 27th and Perry of the 7th:
A bill to amend Code Section 40-5-36 of the Official Code of Georgia Anno tated, relating to veterans' drivers' licenses.
SB 201. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Anno tated, relating to the establishment of equalized adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of information to the State Board of Education, so as to pro vide that the ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during the two preceding calendar years and by establishing the median ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied.
SB 217. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide that the high school general education program shall be the base program against which the cost of all other instructional programs shall be compared; to mod ify the program weights assigned to instructional programs under the Quality Basic Education Formula.
1040
JOURNAL OF THE HOUSE,
SB 238. By Senators Deal of the 49th, Perry of the 7th, Ray of the 19th and others:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for a continu ance in any case where any party thereto or his leading counsel is absent from the court by reason of his service in the armed forces when such service directly prevents his attendance in court.
SB 281. By Senators Starr of the 44th, Olmstead of the 26th and Collins of the 17th:
A bill to amend Code Section 31-7-75 of the Official Code of Georgia Anno tated, relating to the functions and powers of hospital authorities, so as to authorize hospital authorities to provide service and financial assistance to certain private not for profit organizations for purposes related to the provi sion of medical services or related social services to citizens.
SB 282. By Senators Perry of the 7th, Echols of the 6th and Turner of the 8th:
A bill to amend Code Section 38-2-25 of the Official Code of Georgia Anno tated, relating to training and duty of the organized militia, so as to autho rize the Governor to order members of the organized militia, with their consent, to state active duty for certain purposes and without pay and allow ances or other compensation but with certain privileges, rights, benefits, and immunities.
SB 283. By Senators Deal of the 49th and Scott of the 36th:
A bill to amend Article 1 of Chapter 11 of Title 15, relating to juvenile pro ceedings, so as to revise certain provisions concerning the imposition of restraints on the freedom of accused juveniles prior to adjudication.
SB 287. By Senators Deal of the 49th, English of the 21st and Ray of the 19th:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for immunity for equine professionals engaged in equine activities; to provide for definitions; to provide for exceptions to immunity from liability; to provide for notice of immunity to certain persons; to provide for applicability.
SB 289. By Senator Timmons of the llth:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for the designation of the public safety answering point within certain counties; to provide for a definition; to provide an effective date.
SB 311. By Senator English of the 21st:
A bill to amend Code Section 1-3-3 of the Official Code of Georgia Anno tated, relating to definitions in the laws and statutes, so as to add definitions for agriculture, agricultural operations, agricultural or farm products, crops, and growing crops.
SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instruments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use.
WEDNESDAY, FEBRUARY 20, 1991
1041
SB 332. By Senator Thompson of the 33rd:
A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city; to change the provisions relating to organizational meetings; to change the pro visions relating to the removal of the city manager and severance pay; to change the provisions relating to the veto power of the mayor.
HB 655. By Representatives Alford of the 57th, Baker of the 51st, Teper of the 46th, Thomas of the 55th, Turnquest of the 56th and others:
A bill to create the City of DeKalb Study Commission.
HB 665. By Representatives Hamilton of the 124th, Merritt of the 123rd, Bordeaux of the 122nd, Pelote of the 127th, Mueller of the 126th and others:
A bill to amend an Act entitled "To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah," so as to provide for residency requirements for the Mayor and Aldermen of the City of Savannah.
HB 667. By Representative Meadows of the 91st:
A bill to amend an Act incorporating the Town of Gay in Meriwether County, so as to provide for the appointment of a mayor pro tempore.
HB 685. By Representatives Bates of the 141st and Long of the 142nd:
A bill to amend an Act creating the State Court of Decatur County (formerly the Civil and Criminal Court of Decatur County), so as to change the com pensation provision relating to the judge of said court.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 647. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to provide for the creation of one or more community improvement districts in Douglas County.
The Senate has agreed to the House substitute to the following Resolution of the Sen ate:
SR 67. By Senator Starr of the 44th:
A resolution authorizing the conveyance of certain state owned real property located in Fulton County, Georgia, to Georgia Power Company and the acceptance of certain real property owned by Georgia Power Company located in Fulton County, Georgia, in consideration therefor; to provide an effective date.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
1042
JOURNAL OF THE HOUSE,
SB 213. By Senators Steinberg of the 42nd, Johnson of the 47th and Deal of the 49th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation of hospitals and related institutions, so as to provide that the Department of Human Resources shall provide lists of nurs ing homes determined to have certain deficiencies and include sanctions and remedies therefor and to require such nursing homes to provide notices of such deficiencies and other matters to certain persons and entities; to pro vide for fines.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 176. By Senator Broun of the 46th:
A bill to amend Chapter 6 of Title 45 of the Official Code of Georgia Anno tated, relating to powers and duties of public officers and employees, so as to revise the method in which certain state officials provide certain annual reports to members of the General Assembly.
Referred to the Committee on Rules.
SB 199. By Senators Olmstead of the 26th, Harris of the 27th and Perry of the 7th:
A bill to amend Code Section 40-5-36 of the Official Code of Georgia Anno tated, relating to veterans' drivers' licenses.
Referred to the Committee on Motor Vehicles.
SB 201. By Senators Deal of the 49th and Foster of the 50th:
A bill to amend Code Section 48-5-274 of the Official Code of Georgia Anno tated, relating to the establishment of equalized adjusted school property tax digest by the state auditor, the establishment and use of average ratio, and the furnishing of information to the State Board of Education, so as to pro vide that the ratio shall be determined by establishing the ratio of assessed value to sales price for a representative number of parcels of real property title to which was transferred during the two preceding calendar years and by establishing the median ratio of assessed value to sales price for the county as a whole based upon a representative number of usable transactions studied.
Referred to the Committee on Ways & Means.
SB 213. By Senators Steinberg of the 42nd, Johnson of the 47th and Deal of the 49th:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation of hospitals and related institutions, so as to provide that the Department of Human Resources shall provide lists of nurs ing homes determined to have certain deficiencies and include sanctions and remedies therefor and to require such nursing homes to provide notices of such deficiencies and other matters to certain persons and entities; to pro vide for fines.
Referred to the Committee on Human Relations & Aging.
WEDNESDAY, FEBRUARY 20, 1991
1043
SB 217. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide that the high school general education program shall be the base program against which the cost of all other instructional programs shall be compared; to mod ify the program weights assigned to instructional programs under the Quality Basic Education Formula.
Referred to the Committee on Education.
SB 238. By Senators Deal of the 49th, Perry of the 7th, Ray of the 19th and others:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for a continu ance in any case where any party thereto or his leading counsel is absent from the court by reason of his service in the armed forces when such service directly prevents his attendance in court.
Referred to the Committee on Judiciary.
SB 281. By Senators Starr of the 44th, Olmstead of the 26th and Collins of the 17th:
A bill to amend Code Section 31-7-75 of the Official Code of Georgia Anno tated, relating to the functions and powers of hospital authorities, so as to authorize hospital authorities to provide service and financial assistance to certain private not for profit organizations for purposes related to the provi sion of medical services or related social services to citizens.
Referred to the Committee on Health & Ecology.
SB 282. By Senators Perry of the 7th, Echols of the 6th and Turner of the 8th:
A bill to amend Code Section 38-2-25 of the Official Code of Georgia Anno tated, relating to training and duty of the organized militia, so as to autho rize the Governor to order members of the organized militia, with their consent, to state active duty for certain purposes and without pay and allow ances or other compensation but with certain privileges, rights, benefits, and immunities.
Referred to the Committee on Defense & Veterans Affairs.
SB 283. By Senators Deal of the 49th and Scott of the 36th:
A bill to amend Article 1 of Chapter 11 of Title 15, relating to juvenile pro ceedings, so as to revise certain provisions concerning the imposition of restraints on the freedom of accused juveniles prior to adjudication.
Referred to the Committee on Judiciary.
SB 287. By Senators Deal of the 49th, English of the 21st and Ray of the 19th:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for immunity for equine professionals engaged in equine activities; to provide for definitions; to provide for exceptions to immunity from liability; to provide for notice of immunity to certain persons; to provide for applicability.
Referred to the Committee on Agriculture & Consumer Affairs.
1044
JOURNAL OF THE HOUSE,
SB 289. By Senator Timmons of the llth:
A bill to amend Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Emergency Telephone Number '911' Service Act of 1977," so as to provide for the designation of the public safety answering point within certain counties; to provide for a definition; to provide an effective date.
Referred to the Committee on Industry.
SB 311. By Senator English of the 21st:
A bill to amend Code Section 1-3-3 of the Official Code of Georgia Anno tated, relating to definitions in the laws and statutes, so as to add definitions for agriculture, agricultural operations, agricultural or farm products, crops, and growing crops.
Referred to the Committee on Agriculture & Consumer Affairs.
SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
A bill to amend Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational programs under the "Quality Basic Education Act," so as to change provisions relating to instruments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use.
Referred to the Committee on Education.
SB 332. By Senator Thompson of the 33rd:
A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city; to change the provisions relating to organizational meetings; to change the pro visions relating to the removal of the city manager and severance pay; to change the provisions relating to the veto power of the mayor.
Referred to the Committee on State Planning & Community Affairs - Local.
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 344 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Goodwin of the 63rd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:
WEDNESDAY, FEBRUARY 20, 1991
1045
HB 255. By Representative Goodwin of the 63rd:
A bill to amend Chapter 2 of Title 45 of the Official Code of Georgia Anno tated, relating to eligibility and qualifications for public office, so as to pro vide that a public employee who commits a certain drug related felony after a certain date shall not be eligible to serve as a public employee after the date of final conviction.
On the motion, the roll call was ordered and the vote was as follows:
N Abernathy
Y Adams Y Aiken
Y Alford Y Atkins
Baker Y Balkcom N Barfoot N Bargeron
Barnett.B N Barnett,M
N Bates Y Beatty Y Benefield Y Birdsong Y Blitch N Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell N Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks N Childers Y Clark,E Y Clark,H
Clark.L N Coker
Coleman Colwell Y Connell Y Culbreth Y Cummings,B Cummings,M Davis.G Y Davis.M Dixon.H Dixon.S
Y Dobbs N Dover
N Dunn Edwards
Y Elliott Felton
Y Fennel Y Floyd,J.M N Floyd,J.W N Flynt Y Godbee N Golden Y Goodwin
Green Y Greene Y Griffin
Y Groover Hamilton
N Hammond Y Manner N Harris,B Y Harris,J
Y Heard Henson
Y Herbert N Hightower Y Holland Y Holmes
Howard Y Hudson N Irwin N Jackson
Jamieson Y Jenkins Y Jones N Kilgore
YKing Kingston
Y Klein YLadd Y Lane.D
Lane.R Y Langford Y Lawrence N Lawson YLee YLong YLord
Lucas Lupton N Mann Y Martin Y McCoy N McKelvey N McKinney.B Y McKinney.C Y Meadows N Merritt YMilam Y Mills
On the motion, the ayes were 105, nays 39. The motion prevailed.
Y Mobley N Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
N Oliver.M NOrr
Orrock
Y Padgett Y Parham Y Parrish
Y Patten N Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston
Powell.A Y Powell.C Y Purcell
Randall YRay Y Reaves N Redding Y Ricketson Y Royal
Y Selman N Sherrill
N Simpson Y Sinkfield
Y Skipper N Smith.L
Y Smith.P Smith,T
N Smith,W Smyre
YSnow Y Stancil,F Y Stancil.S
N Stanley Stephens
Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M
Thomas,N Y Thurmond N Titus Y Tolbert
Townsend N Turnquest
Twiggs N Valenti Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams.B N Williams,J
Williams.R Y Yeargin
Murphy.Spkr
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:
HB 12. By Representatives Lane of the 27th, Hamilton of the 124th, Watson of the 114th and Bostick of the 138th:
A bill to amend Code Section 1-2-11 of the Official Code of Georgia Anno tated, relating to the rights of aliens generally, so as to make an exception for other laws which limit the rights of aliens to own or purchase real estate.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 1-2-11 of the Official Code of Georgia Annotated, relating to the rights of aliens generally, so as to make an exception for other laws which limit the
1046
JOURNAL OF THE HOUSE,
rights of aliens to own or purchase real estate; to amend Chapter 1 of Title 46 of the Offi cial Code of Georgia Annotated, relating to general provisions applicable to public utilities and public transportation, so as to limit the right of aliens to own public utilities or stock therein or to serve on the board of directors of any public utility regulated by the Public Service Commission; to provide for definitions; to provide for duties of the Public Service Commission; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 1-2-11 of the Official Code of Georgia Annotated, relating to the rights of aliens generally, is amended by striking subsection (b) of said Code section in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Aliens who are subjects of governments at peace with the United States and this state, as long as their governments remain at peace with the United States and this state, shall be entitled to all the rights of citizens of other states who are temporarily in this state and shall have the privilege of purchasing, holding, and conveying real estate in this statez except as otherwise provided by law."
Section 2. Chapter 1 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to public utilities and public transportation, is amended by adding at the end thereof a new Code Section 46-1-6 to read as follows:
"46-1-6. (a) As used in this Code section, the term: (1) 'Alien' means a subject of a foreign government who has not been naturalized
under the laws of the United States. (2) 'Business entity' means any corporation, partnership, proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual, trust, or other legal business entity.
(3) 'Business entity with a substantial alien ownership' means a business entity in which 25 percent or more of the equity thereof is owned by aliens or by other business entities in which 25 percent or more of the equity thereof is owned by aliens.
(4) 'Electric company' means a business entity generating, distributing, and selling, or any combination of generating, distributing, or selling electricity within this state which is subject to regulation by the Public Service Commission.
(5) 'Gas company' means a business entity operating facilities within this state for receiving, storing, distributing, and selling, or any combination of receiving, storing, distributing, or selling natural gas within this state which is subject to regulation by the Public Service Commission.
(6) 'Public utility' means an electric company, a gas company, or a telephone com pany.
(7) 'Telephone company' means a business entity operating a public telephone ser vice or telephone line in this state which is subject to regulation by the Public Service Commission. (b) After the effective date of this Code section, no alien may acquire the ownership of any voting stock in a public utility regulated by the Public Service Commission and no such utility shall permit any such stock to be registered on its books in the name of an alien or permit the voting thereof by or on behalf of an alien. (c) No alien may serve on the board of directors of any public utility regulated by the Public Service Commission. (d) The Public Service Commission shall adopt such regulations as may be necessary to carry out effectively the provisions of this Code section and to monitor compliance with its requirements."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
WEDNESDAY, FEBRUARY 20, 1991
1047
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Bargeron
Y Barnett,B Y Bamett,M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker
Y Coleman Colwell Connell
Y Culbreth Y Cummings,B
Cummings.M Davis.G Davis.M Y Dixon.H Dixon,S Dobbs Y Dover
Y Dunn Edwards
Y Elliott Y Felton
Fennel
Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Hamilton
Y Hammond Y Hanner Y Harris.B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson
Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane.R Y Langford Y Lawrence
Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B N McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter
Y Poston Y PowelLA Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Sinkfield Y Skipper Y Smith.L
Y Smith,? Y Smith.T Y Smith,W
Smyre YSnow
Stancil.F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas,M
Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L YWall
Ware Watson Y Watts White Y Wilder Y Williams.B Williams,J Y Williams,R Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 141, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 695 Do Pass HB 757 Do Pass, as Amended
Respectfully submitted, /s/ Buck of the 95th
Chairman
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
1048
JOURNAL OF THE HOUSE,
HB 607. By Representative Lane of the 27th:
A bill to amend an Act authorizing municipal corporations in this state hav ing a population of more than 400,000 according to the last or any future federal decennial census, to become self-insurers under the provisions of the law relating to the purchase of insurance covering injuries resulting from the governmental ownership of motor vehicles, so as to change the population figures.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy
Y Adams Y Aiken
Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner
YByrd Y Campbell
Canty Carrell
Y Carter Y Chafm
Y Chambless Y Cheeks Y Childers Y Clark.E
Y Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cumminga,B
Cummings.M Davis.G Y Davis.M Y Dixon.H Dixon,S Y Dobbs Y Dover Y Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane.R Langford Y Lawrence Y Lawson YLee YLong YLord Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B McKinney.C Y Meadows Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancii.F Y Stancil.S
Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 608. By Representative Lane of the 27th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the population requirements of those provisions of said title applicable to municipalities having a certain popula tion.
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
WEDNESDAY, FEBRUARY 20, 1991
1049
Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Y Clark.L Y Coker Y Coleman
Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M
Davis.G Y Davis.M Y Dixon.H
Dixon.S Y Dobbs Y Dover YDunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd.J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Hanner Y Harris,B
Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D
Lane.R Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows
Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Mueller
Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith,W
Smyre Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Wi!liams,B Y Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 609. By Representative Lane of the 27th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the population requirements of those provisions of said title applicable to municipalities having a population of 400,000 or more.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Y Clark,L Y Coker
Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B
Cummings.M Davis.G Y Davis.M Y Dixon.H Dixon.S Y Dobbs Y Dover YDunn Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane.R Langford Y Lawrence Y Lawson YLee
YLong
1050
JOURNAL OF THE HOUSE,
YLord Lucas
Y Lupton YMann Y Martin YMcCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows
Merritt Y Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie
Mueller
Y Oliver.C Y Oliver,M
YOrr Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston
Y Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Skipper Y Smith.L Y Smith.P Y Smith.T
Y Smith.W
Smyre
Y Snow Y Stancil,F Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 611. By Representative Lane of the 27th:
A bill to amend Code Section 50-5-184 of the Official Code of Georgia Anno tated, relating to the coordination of joint use of public safety radio services owned or used by state, county, and municipal governments, so as to change the population requirements of said Code section.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck Y Buckner
YByrd Y Campbell
Canty Carrell
Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Davis.G Y Davis.M Y Dixon.H Dixon.S YDobbs Y Dover Y Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Y Groover Hamilton
Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Y Hudson Ylrwin
Y Jackson Y Jamieson
Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane.R Langford Y Lawrence Y Lawson YLee YLong YLord Lucas
Y Lupton
YMann
Y Martin
Y McCoy Y McKelvey Y McKinney.B
McKinney.C
Y Meadows Merritt
Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M
Y Orr
Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Ricketson
Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Skipper Y Smith.L
On the passage of the Bill, the ayes were 154, nays 0.
Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens
Streat Y Taylor Y Teper
Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watte
White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
WEDNESDAY, FEBRUARY 20, 1991
1051
The Bill, having received the requisite constitutional majority, was passed.
HB 612. By Representative Lane of the 27th:
A bill to repeal an Act providing for the creation and operation of city busi ness improvement districts within municipalities having a population of more than 400,000 according to the United States decennial census of 1980, or any future such census.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth
Y Cummings.B Cunimings.M Davis.G
Y Davis,M Y Dixon.H
Dixon.S YDobbs Y Dover
Y Dunn Edwards
Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd YLane.D
Lane.R Langford Y Lawrence Y Lawson YLee
YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows
Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Skipper
Y Smith.L
Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townsend
Turnquest Y Twiggs
Y Valenti Y Vaughan Y Walker,J
Walker.L YWall
Ware
Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 614. By Representative Lane of the 27th:
A bill to amend Code Section 8-3-50 of the Official Code of Georgia Anno tated, relating to the appointment, qualifications, and tenure of housing authority commissioners, so as to change the population requirements of said Code section applicable to municipalities having a certain population.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
1052
JOURNAL OF THE HOUSE,
Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett,B
Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove
Y Brooks Y Brown
Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Carrell
Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Davis.G Y Davis,M Y Dixon.H Dixon.S
Y Dobbs Y Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt YGodbee Y Golden Y Ooodwin
Y Green Y Greene Y Griffin
Y Groover Hamilton
Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd Y Lane,D
Lane.R Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton
YMann
Y Martin Y McCoy Y McKelvey Y McKinney.B
McKinney,C Y Meadows
Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Y Pinkston
YPoag
Y Porter
Y Poston
Y Powell,A Y Powell,C Y Purcell Y Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 615. By Representative Lane of the 27th:
A bill to amend Code Section 22-4-11.1 of the Official Code of Georgia Anno tated, relating to municipalities with populations of 400,000 or more, accord ing to the United States decennial census of 1970 or any future census, exercising powers for public works projects not financed in whole or in part from federal funds, so as to change the population requirements; to repeal a specific Act.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong
Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker
Y Coleman Y Colwell
Y Connell
Y Culbreth Y Cummings.B
Cummings,M Davis.G Y Davis.M Y Dixon.H Dixon.S
Y Dobbs Y Dover Y Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt
YGodbee Y Golden Y Goodwin Y Green Y Greene
Y Griffin
Y Groover Hamilton
Y Hammond Y Hanner Y Harris,B
Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
WEDNESDAY, FEBRUARY 20, 1991
1053
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
Lane.R Langford Y Lawrence Y Lawson YLee YLong YLord Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B
McKinney.C Y Meadows
Merritt Y Milam
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Y Poston Y PowelU
Y Powell.C Y Purcell
Y Randall YRay Y Reaves
Redding Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield
Skipper Y Smith,L Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley
Y Stephens Streat
Y Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall
Ware Y Watson Y Watts
White
Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 154, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 319. By Representatives Herbert of the 76th, Poston of the 2nd, Kilgore of the 42nd and Adams of the 79th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educa tional Institutions Act of 1990," so as to provide for a tuition guaranty trust fund to be established from fees paid by nonpublic postsecondary educa tional institutions.
The following Committee substitute was read and adopted:
A BILL
To amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to provide for a tuition guaranty trust fund to be established from fees paid by nonpublic postsecondary educational institutions; to provide for definitions; to change the pro visions relating to exemptions from said Act; to change the provisions relating to standards for postsecondary educational institutions; to change the provisions relating to applications to operate or conduct postsecondary activities; to provide for a board of trustees to admin ister the tuition guaranty fund; to provide for fees to be paid by postsecondary educational institutions into the fund; to provide for late payment fees; to provide for denial or revoca tion of authorizations to operate for failure to pay fees required for participation in the fund; to provide for payments from the fund; to provide for subrogation of rights as a con dition of payments from the fund; to provide for automatic revocations to operate as a result of payments from the fund; to provide for appeals and judicial review; to provide for certain reports; to provide that the fund shall be exempt from taxation; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Geor gia Annotated, known as the "Nonpublic Postsecondary Educational Institutions Act of 1990," is amended by inserting in Code Section 20-3-250.2, relating to definitions, new par agraphs (3.1) and (27) to read, respectively, as follows:
"(3.1) 'Board of trustees' or 'board' means the Board of Trustees of the Tuition Guaranty Trust Fund provided for in Code Section 20-3-250.10A."
"(27) 'Tuition guaranty fund' or 'fund' means the Tuition Guaranty Trust Fund pro vided for in Code Section 20-3-250.10A."
1054
JOURNAL OF THE HOUSE,
Section 2. Said part is further amended by striking from the beginning of Code Sec tion "2(0a-)3"-,250.3, relating to exemptions from the part, the following:
and by striking subsection (b) of said Code section, which reads as follows: "(b) Except as otherwise provided in subsection (a) of this Code section, any non-
public postsecondary educational institution whose students participate in either state or federally funded student financial aid programs is specifically covered by this part.", in its entirety and by striking paragraph (11) of said Code section in its entirety and sub stituting in lieu thereof a new paragraph (11) to read as follows:
"(11) A scheel postsecondary educational institution which is also regulated pursuant to the provisions of Title 43 shall be exempt only from the provisions of paragraph (2) of subsection (b) of Code Section 20-3-250.5, Code Section 20-3-250.6, and Code Section 20-3-250.11;", and by striking the word "and" where it appears at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting in lieu thereof the following:
"; and", and by adding at the end of said Code section a new paragraph (14) to read as follows:
"(14) Subject to the requirements of subsection (c) of Code Section 20-3-250.6, any graduate or professional college or university granting masters' or doctoral degrees whose principal office and campus are located in this state which was chartered prior to 1955 within or outside of this state as a nonpublic, nonprofit, degree-granting institution or any school of medicine located in this state granting doctor of medicine degrees which was established after 1955 as an affiliate of such a college or university; provided that the graduate or professional college or university or the school of medicine is accredited by a regional or national accrediting agency recognized by the United States Department of Education; and, provided, further, that the provisions of this paragraph do not apply to any college, university, or other institution covered by paragraph (6) of this Code sec tion."
Section 3. Said part is further amended by striking subsection (c) of Code Section 20-3-250.6, relating to standards for postsecondary educational institutions, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Institutions otherwise exempt from the provisions of this part under paragraphs (10), and {13> ef subsection {a) (12), and (14) of Code Section 20-3-250.3 shall be required to meet the standards of financial soundness and being capable of fulfilling commitments to students as provided in subparagraph (a)(l)(H) of this Code section, and; because of such requirement, each such institution shall provide the commission with a annual audit performed by a independent certified public accountant audited financial statements as performed by an independent certified public accountant and at such times as the commission shall require. The commission may impose a fee to be paid by such institutions to offset the cost of receiving and reviewing such audited financial statements. In addition thereto, institutions otherwise exempt from the provi sions of this part under paragraph (10) ef subsection 4a} of Code Section 20-3-250.3 shall be subject to the requirements of Code Sections 20-3-250.8z awi 20-3-250.10i and 20-3-250.10A. The commission sited} issue at* annual report reports to the Governor and to the General Assembly summarizing tte required bj[ subsection (h) of Code Section 20-3-250.10A shall include a summary of the commission's findings from its review of annual audits audited financial statements required by this subsection."
Section 4. Said part is further amended by striking subsection (a) of Code Section 20-3-250.8, relating to applications to operate or conduct postsecondary activities, in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:
"(a) Each nonpublic postsecondary educational institution desiring to operate or con duct postsecondary activities in this state shall make application to the commission, upon forms to be provided by the commission. Such application shall be accompanied by a catalog or other written description published, or proposed to be published, by the institution, containing the information specified in subparagraph (a)(l)(D) of Code Sec tion 20-3-250.6, including information required by rules and regulations of the commis sion. Such application shall also be accompanied by evidence of a surety bond as
WEDNESDAY, FEBRUARY 20, 1991
1055
required by Code Section 20-3-250.10 and payment of the fees specified in Code Section 20-3-250.11; except that these schools exempt from certain provisions ef- this part purauant te the provisions ef- paragraph (M} ef subsection {a} ef- Code Section 20 3~ 260.0 shall be required te submit only evidence ef safety bend ef bends as required by Code Sec tion 20 3-260.10 when making application te the commission for authorization te
Section 5. Said part is further amended by adding immediately following Code Sec tion 20-3-250.10, relating to bonds, a new Code Section 20-3-250. 10A to read as follows:
"20-3-250.10A. (a) It is the purpose of this Code section to create a trust fund from contributions from postsecondary educational institutions to enable such institutions, collectively, to protect students against financial loss when a postsecondary educational institution closes without reimbursing its students and without completing its educa tional obligations to its students.
(b) (1) Effective on July 1, 1991, the Tuition Guaranty Trust Fund is created. The participation fees received by the commission from postsecondary educational institu tions pursuant to the provisions of subsections (c) and (d) of this Code section shall be deposited in the state treasury in a special account designated 'Tuition Guaranty Trust Fund' and shall be held in trust by the board of trustees provided for in para graph (2) of this subsection for the purpose of carrying out the provisions of this Code section. The money in the fund may be invested by said board of trustees in any bonds and other securities of agencies of the government of the United States and bonds and other securities of state and local governments. The earnings from such investments shall be deposited to the credit of the Tuition Guaranty Trust Fund and shall be available for the same purposes as other money deposited in the fund.
(2) The fund shall be administered by the Board of Trustees of the Tuition Guar anty Trust Fund. The board of trustees shall consist of five members of the commis sion designated by majority vote of the commission, but one of such members shall be a representative of proprietary schools, and one of such members shall be a repre sentative of a not for profit college. The three members of the commission who are so designated shall serve for such terms of office as members of the board as the com mission shall establish by rule or regulation. The commission shall appoint one of the members so designated as chairman of the board. The executive director shall also serve as executive director and secretary of the board. Three members of the board must vote in agreement in order for the board to take official action. The commission may by rule or regulation provide for another member of the commission to serve in the place of a member of the board who is absent from a meeting of the board. (c) (1) All postsecondary educational institutions operating in this state, except those which are exempt from the provisions of this part under Code Section 20-3-250.3, shall participate in the tuition guaranty fund. Those postsecondary educa tional institutions specified in paragraphs (10) and (11) of Code Section 20-3-250.3 shall participate in the tuition guaranty fund.
(2) Postsecondary educational institutions which were authorized to operate in this state prior to July 1, 1989, and which are authorized to continue to operate in this state shall participate in the fund and shall not be required to provide surety bonds as provided in Code Section 20-3-250.10. Postsecondary educational institutions which are authorized to operate in this state on and after July 1, 1991, and which were first authorized to operate in this state on or after July 1, 1989, shall participate in the fund and provide the surety bonds required in Code Section 20-3-250.10 for a mini mum of two years, at which time such surety bonds shall no longer be required. Postsecondary educational institutions which are first authorized to operate in this state on or after July 1, 1991, shall participate in the fund and provide the surety bonds required by Code Section 20-3-250.10 for two full years of continuous operation at which time such surety bonds shall no longer be required. (d) (1) In addition to any other fees required by this part, the commission shall by regulation establish fees to be paid annually by postsecondary educational institutions for participation in the tuition guaranty fund. The fees shall be based on gross tuition collected during a year by each postsecondary educational institution. The annual fee
1056
JOURNAL OF THE HOUSE,
established by the commission shall be sufficient, when added to the earnings of the fund, to create a balance in the fund of at least $500,000.00 by July 1, 1996. The board of trustees shall notify the commission when the fund balance exceeds $500,000.00, and, except as otherwise provided in paragraph (2) of this subsection, upon receiving such notification, the commission shall cease collection of participation fees from postsecondary educational institutions. The commission, upon notification from the board of trustees, shall reestablish collection of participation fees from all participating postsecondary educational institutions at any time the fund balance is less than $500,000.00.
(2) Each postsecondary educational institution which is required to participate in the fund until surety bonds are no longer required under the provisions of paragraph (2) of subsection (c) of this Code section shall be required to pay participation fees for the minimum period of time specified by that paragraph, notwithstanding the amount in the tuition guaranty fund.
(3) If earnings from investments, participation fees required under paragraph (2) of this subsection, and claim experience ever cause the balance in the fund to exceed $1 million, the commission, upon being notified by the board of trustees, shall make a refund to participating postsecondary educational institutions so that the fund bal ance does not exceed $1 million. Any such refund shall be determined by the commis sion in proportion to the total participation fees paid by a postsecondary educational institution until the time of the refund; provided, however, no reimbursement shall be made to any postsecondary educational institution whose students have been reim bursed from the fund or from bond forfeiture as provided in subsection (g) of this Code section. The commission shall establish by regulation the time and other proce dures and requirements for making any such refund, but no such refund shall be made for less than $100.00.
(e) The annual cost incurred by the commission and by the board of trustees in administering the Tuition Guaranty Trust Fund, including expenses incurred in collect ing from defaulting postsecondary educational institutions the amounts paid from the fund to or on behalf of students pursuant to the provisions of subsection (g) of this Code section, shall be paid from the fund; provided, however, such annual administra tive costs shall not exceed 2.5 percent of the participation fees collected from postsecondary educational institutions during the fiscal year. The commission shall issue a report annually to each postsecondary educational institution participating in the fund. The report shall provide an evaluation of the financial condition of the fund and a summary of claims paid or other expenditures from the fund during the immediately preceding calendar year.
(f) The commission shall establish by regulation a late payment fee for the failure of a postsecondary educational institution to pay its participation fee at the time estab lished by regulation of the commission for the payment of such fees. An application for authorization to operate or for the renewal thereof may be denied under Code Section 20-3-250.12 for failure to pay participation fees. Late payment fees shall be paid into the fund. Any authorization to operate may be revoked, suspended, or made conditional under Code Section 20-3-250.13 for failure to pay participation fees.
(g) (1) Except as otherwise provided in paragraph (2) of this subsection, in the event a postsecondary educational institution participating in the fund goes into bank ruptcy or ceases operations without fulfilling its educational obligations to its students or without reimbursing its students, the board of trustees may reimburse from the fund valid claims of students for tuition paid to that institution in accordance with guidelines and procedures adopted by regulations of the board. If a student who attended the defaulting postsecondary educational institution received financial aid under either a state or federal student loan program, the board shall direct payment to the financial institution or other entity who made the loan to the student, rather than directly to the student. As a condition of receiving reimbursement from the fund, the student and the financial institution or other entity which made the loan to the student shall agree to subrogate their rights of recovery against the defaulting postsecondary educational institution to the board of trustees. Payments from the
WEDNESDAY, FEBRUARY 20, 1991
1057
fund shall be made by warrant of the director of the Fiscal Division of the Depart ment of Administrative Services on the order of the board of trustees.
(2) Until surety bonds are no longer required of a participating postsecondary edu cational institution under the provisions of paragraph (2) of subsection (c) of this Code section, the reimbursement of tuition to students or to financial institutions or other entities on behalf of students, in the event of the default of the postsecondary educational institution, shall be accomplished by bond forfeiture proceedings and not from the tuition guaranty fund.
(3) If the board of trustees pays a claim to or on behalf of a student of a default ing postsecondary educational institution or if such a claim is paid as a result of a bond forfeiture, the authorization to operate of the defaulting postsecondary educa tional institution shall be automatically revoked as of the date of such payment, if the authorization to operate has not been previously revoked by the commission pursuant to other provisions of this part. If a defaulting postsecondary educational institution reimburses the fund for any claims paid on behalf of its students, the commission shall be authorized to issue a new authorization to operate to such postsecondary edu cational institution if the commission finds that the institution is then qualified to operate as a postsecondary educational institution.
(4) If at any time the money available in the tuition guaranty fund is insufficient to satisfy tuition reimbursement claims then pending against the fund, the board of trustees may require each participating postsecondary educational institution to pay a special assessment to the fund. The special assessment shall be in addition to the participation fee provided for in paragraph (1) of subsection (d) of this Code section but shall not exceed the total amount paid during the immediately preceding calendar year as a participation fee. The maximum amount that may be paid from the fund in claims on behalf of the students of any single defaulting postsecondary educational institution is $250,000.00, notwithstanding the fact that total claims may exceed that amount.
(5) As an alternative to paying claims to or on behalf of students of a defaulting postsecondary educational institution, the board of trustees may arrange for another postsecondary educational institution to complete the educational obligations to the students of the defaulting postsecondary educational institution, provided that the program offered by the other institution is substantially equivalent to the program for which the students had paid tuition and provided, further, that attendance at the other institution does not cause unreasonable hardship or inconvenience to the stu dents. As a part of any such program, the board of trustees may reimburse the other postsecondary educational institution from the fund for expenses incurred by the institution in providing educational services for the students of the defaulting postsecondary educational institution, but such expenses shall not include the pay ment of tuition on behalf of such students.
(6) It shall not be necessary to claim a loss or damage pursuant to the provisions of Code Section 20-3-250.14 in order for the board of trustees to pay claims to or on behalf of students pursuant to the provisions of this Code section. Procedures and requirements for filing claims under this Code section shall be as provided by rules or regulations adopted for that purpose by the commission.
(7) Any person aggrieved by a decision of the board of trustees to pay or deny a claim pursuant to the provisions of this Code section may appeal to the commission. A decision of the board of trustees shall be in writing and shall be sent by certified mail to the claimant and to the owner of the defaulting postsecondary educational institution. If the whereabouts of the owner of the defaulting postsecondary educa tional institution is not known and cannot reasonably be ascertained by the board of trustees, a notice of the decision shall be published in the legal organ of the county where the student claimant attended the defaulting postsecondary educational institu tion or a facility of such institution. The appeal to the commission shall be com menced by filing a written notice of such appeal to the commission within 30 days after receiving the written decision of the board of trustees. Within 30 days after receiving a notice of appeal, the commission shall affirm the decision of the board of
1058
JOURNAL OF THE HOUSE,
trustees, modify and affirm the decision of the board of trustees, or overrule the deci sion of the board of trustees. Any person aggrieved by the action of the commission shall have the right to judicial review pursuant to the provisions of Code Section 20-3-250.16. The commission shall adopt rules or regulations providing procedures for the conduct of appeals from the board of trustees, but such rules or regulations shall be consistent with the provisions of this paragraph. (h) The board of trustees shall issue a biennial report to the Governor and members of the General Assembly providing a summary of the financial condition of the fund and claim experience during the preceding biennium. Such reports shall be issued during the regular session of the General Assembly held during each odd-numbered year beginning in 1993. (i) The tuition guaranty fund shall be exempt from all license fees or income, fran chise, privilege, occupation, or other taxes levied or assessed by the state or by any county, municipality, or other political subdivision of the state. Any payment of claims or refund of participation fees from the tuition guaranty fund shall not be exempt from taxation unless such payment or refund is exempt from taxation pursuant to the provi sions of law independent of the provisions of this part."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken Alford Y Atkins Y Baker Y Balkcom Y Barfoot Bargeron Y Barnett.B Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Carrell Y Carter
Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B
Cummings,M Davis.G Y Davis.M
Y Dixon.H Dixon.S
Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Flynt
Y Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Banner Y Harris,B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Holmes
Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D
Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote
Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell.A
Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas,C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend
Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams,J
Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
WEDNESDAY, FEBRUARY 20, 1991
1059
Representative Dixon of the 128th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 739. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th:
A bill to amend Article 1 of Chapter 9 of Title 14 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Revised Uniform Limited Partnership Act, so as to change the provisions relating to indemnification of partners and other persons.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck
Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings,B Cummings.M Davis.G
Y Davis.M Y Dixon.H
Dixon.S Dobbs Y Dover Dunn Y Edwards Y Elliott Y Felton Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D
Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Lupton YMann Y Martin
YMcCoy Y McKelvey
McKinney,B Y McKinney.C
Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr YOrrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell,C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Smith.T
Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest YTwiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Dixon of the 128th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 470. By Representative Pinkston of the 100th:
A bill to amend Code Section 7-1-709 of the Official Code of Georgia Anno tated, relating to the applicability of provisions regulating and licensing check cashers, so as to change an exemption from the requirement of obtain ing a license to cash checks.
1060
JOURNAL OF THE HOUSE,
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 7-1-709 of the Official Code of Georgia Annotated, relating to the applicability of provisions regulating and licensing check cashers, so as to change an exemption from the requirement of obtaining a license to cash checks; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 7-1-709 of the Official Code of Georgia Annotated, relating to the applicability of provisions regulating and licensing check cashers, is amended by striking paragraph (1) of subsection (b) in its entirety and inserting in its place a new par agraph (1) to read as follows:
"(1) Incidental to the retail sale of goods or services for a consideration of not more than 1 percent of the face amount of the check, draft, or money order or $1.00 per check, draft, or money orderj whichever is greater, and where the aggregate gross income received by such person, partnership, association, or corporation as consideration for the cashing of checks does not exceed $25,000.00 per annum for each business location; or"
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
The Speaker Pro Tern assumed the Chair.
The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House amendment thereto:
SB 64. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the compensation of the mayor and aldermen of said city.
Representative Parham of the 105th moved that the House insist on its position in amending SB 64.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House and Senate were taken up for consideration and read the third time:
HB 406. By Representatives Orrock of the 30th, Martin of the 26th, Brown of the 88th, Turnquest of the 56th and Bordeaux of the 122nd:
A bill to amend Code Section 34-9-281 of the Official Code of Georgia Anno tated, relating to prerequisites to compensation for occupational disease, so as to extend the time period for filing of claims resulting from occupational disease.
WEDNESDAY, FEBRUARY 20, 1991
1061
The following Committee substitute was read:
A BILL
To amend Code Section 34-9-281 of the Official Code of Georgia Annotated, relating to prerequisites to compensation for occupational disease, so as to extend the time period for filing of claims resulting from exposure to asbestos; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-9-281 of the Official Code of Georgia Annotated, relating to prerequisities to compensation for occupational disease, is amended by striking para graph (2) of subsection (b) in its entirety and inserting in its place a new paragraph (2) to read as follows:
"(2) The claim for disablement is filed within one year after the date the employee knew or, in the exercise of reasonable diligence, should have known of the disablement and its relationship to the employment; but in no event shall the claim for disablement be filed in excess of seven years after the last injurious exposure to the hazard of such disease in such employmentj provided, however, that an employee with an injury or dis ease related to exposure to asbestos shall have 30 years after the last injurious exposure to file a claim for disablement. In cases of death where the cause of action was not barred during the employee's life, the claim must be filed within one year of the date of death."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Smyre of the 92nd and Orrock of the 30th move to amend the Com mittee substitute to HB 406 by adding on line 5 of page 1 following "asbestos;" the follow ing:
"to provide that this Act shall not operate to revive any claim barred prior to the effective date of this Act;".
By redesignating Section 2 as Section 3.
By adding following Section 1 a new Section 2 to read as follows:
"Section 2. This Act shall not operate to revive any claim barred prior to the effec tive date of this Act.".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams
Aiken Y Alford N Atkins Y Baker
N Balkcom Y Barfoot N Bargeron
N Barnett.B
N Barnett.M N Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Bostick
Y Branch
N Breedlove
Y Brooks Y Brown N Brush Y Buck Y Buckner Y Byrd
Y Campbell Canty
N Carrell
N Carter
Y Chafin N Chambless
Cheeks Y Childers N Clark.E N Clark.H
Y Clark.L N Coker
Coleman
N Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G N Davis.M
Y Dixon.H Y Dixon.S Y Dobbs
Dover
1062
JOURNAL OF THE HOUSE,
NDunn Y Edwards Y Elliott N Felton Y Fennel N Floyd,J.M N Floyd,J.W YFlynt N Godbee Y Golden Y Goodwin N Green Y Greene N Griffin N Groover Y Hamilton Y Hammond N Hanner N Harris,B
Y Harris,J Y Heard Y Henson Y Herbert Y Hightower N Holland Y Holmes
Y Howard N Hudson Ylrwin N Jackson N Jamieson Y Jenkins N Jones Y Kilgore
Y King N Kingston
Y Klein NLadd YLane,D
Lane.R N Langford
N Lawrence N Lawson YLee NLong YLord Y Lucas N Lupton NMann Y Martin NMcCoy Y McKelvey
Y McKinney.B Y McKinney.C N Meadows Y Merritt YMilam Y Mills N Mobley N Moody N Morsberger Y Moultrie N Mueller N Oliver.C Y Oliver.M YOrr Y Orrock
N Padgett YParham N Parrish
Patten Y Pelote N Perry Y Pettit Y Pinholster
Pinks ton NPoag
Porter
NPoston N Powell,A
Powell.C N Purcell Y Randall
NRay N Reaves Y Redding N Ricketson N Royal Y Selman Y Sherrill Y Simpson Y Sinkfield N Skipper N Smith.L N Smith,P
Smith.T
N Smith.W YSmyre NSnow Y Stancil,F
Stancil.S Stanley Stephens
N Streat
Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert N Townsend Y Turnquest
Twiggs Y Valenti N Vaughan N Walker,J N Walker.L
Y Wall Y Ware N Watson Y Watts
White N Wilder N Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 89, nays 71.
The Bill, by substitute, as amended, having failed to receive the requisite constitu tional majority, was lost.
Representative Orrock of the 30th gave notice that at the proper time she would move that the House reconsider its action in failing to give the requisite constitutional majority to HB 406.
HB 295. By Representatives Byrd of the 153rd, Lee of the 72nd, Dobbs of the 74th, Lane of the 27th, Dunn of the 73rd and others:
A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of electrical contractors, plumbers, condi tioned air contractors, low-voltage contractors, and utility contractors, so as to provide that with respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors may require appli cants for renewal of licenses to have completed subsequent to the date the last licenses were issued a certain number of hours of continuing professional education relating to conditioned air contracting.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, so as to provide that with respect to Condi tioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors shall be authorized to require persons seeking renewal of licenses to complete board approved continuing education relating to conditioned air contracting; to provide for procedures; to require a minimum number of hours of continuing education; to authorize certain continuing education courses; to provide for approval of certain courses and the exclusion of certain other courses; to provide for waivers; to provide for rules and regula tions; to provide an exception; to provide for applicability; to require conditioned air con tractors to display their company or business registration numbers on certain vehicles; to require conditioned air contractors to include their registration numbers on invoices and
WEDNESDAY, FEBRUARY 20, 1991
1063
proposal forms and certain advertising related to conditioned air work; to provide that said chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber as long as the work is done in conformity with all other provisions of the chapter, the rules and regulations of the board, and ordinances of the county or municipality; to provide that under certain conditions a person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to be licensed by the Division of Conditioned Air Contractors; to provide that persons who perform certain work in connection with conditioned air systems shall be required to be licensed by the appro priate licensing authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, lowvoltage contractors, and utility contractors, is amended by adding at the end of Code Sec tion 43-14-6, relating to the powers of the various divisions under the State Construction Industry Licensing Board, a new subsection (d) to read as follows:
"(d) (1) With respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors shall be authorized to require persons seeking renewal of licenses to complete board approved continuing education of not more than ten hours annually. The division shall be authorized to approve courses offered by institutions of higher learning, vocational technical schools, and trade, tech nical, or professional organizations; provided, however, that continuing education courses or programs related to conditioned air contracting provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of Technical and Adult Education shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs shall be in the areas of safety, technological advances, business manage ment, or government regulation. Courses or programs conducted by manufacturers specifically to promote their products shall not be approved.
(2) All provisions of this subsection relating to continuing professional education shall be administered by the division; and, in addition to the other powers conferred on the division by this subsection, the division shall have the authority to appoint a committee or committees composed of conditioned air contractors, as it deems appro priate, to administer, implement, and otherwise carry out the provisions of this sub section relating to continuing professional education.
(3) The division shall be authorized to waive the continuing education require ments in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
(4) The division shall be authorized to promulgate rules and regulations to imple ment and ensure compliance with the requirements of this Code section.
(5) The continuing education requirements of this subsection shall not be required of any licensed conditioned air contractor who is a registered professional engineer.
(6) This Code section shall apply to each licensing and renewal cycle which begins after the 1990-1991 renewal."
Section 2. Said chapter is further amended by striking in its entirety Code Section 43-14-9, relating to display of licenses, and inserting in lieu thereof a new Code Section 43-14-9 to read as follows:
"43-14-9. (a) Every person holding a license issued by a division of the board shall display it in a conspicuous manner at his place of business.
(b) All commercial vehicles used by conditioned air contractors exclusively in the daily operation of their business shall have prominently displayed thereon the company or business registration number issued by the Secretary of State's office. Such registra tion number shall also be prominently displayed on any advertising in telephone yellow
1064
JOURNAL OF THE HOUSE,
pages and newspapers relating to conditioned air work which a licensee purports to have the capacity to perform as a conditioned air contractor. Said registration number shall also be printed on all invoices and proposal forms."
Section 3. Said chapter is further amended by adding at the end of Code Section 43-14-16, relating to exceptions to the operation of Chapter 14 of Title 43, two new subsec tions (j) and (k) to read as follows:
"(j) This chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber; provided, however, that all such work must be done in conformity with all other provisions of this chapter, the rules and regulations of the board, and ordinances of the county or municipality.
(k) Any person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair for or on behalf of such licensed con ditioned air contractor duct systems, control systems, or insulation is not required to hold a license from the Division of Conditioned Air Contractors. The conditioned air contractor must retain responsibility for completion of the contract, including any subcontracted work. Any person who contracts with a licensed conditioned air contractor to perform for or on behalf of such licensed conditioned air contractor a complete instal lation, alteration, or repair of a conditioned air system must hold a valid license from the Division of Conditioned Air Contractors. Any person who contracts to perform for or on behalf of a conditioned air contractor to install, alter, or repair electrical, lowvoltage, or plumbing components of a conditioned air system must hold a valid license from the appropriate division of the board."
Section 4. This Act shall become effective January 1, 1992.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford N Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield
Birdsong Y Blitch
Bordeaux Y Bostick Y Branch N Breedlove Y Brooks Y Brown N Brush YBuck Y Buckner YByrd
Campbell Canty N Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark,H Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G N Davis.M Y Dixon,H
Dixon.S N Dobbs Y Dover YDunn Y Edwards
Y Elliott Y Felton Y Fennel
Floyd,J.M Floyd,J.W Flynt YGodbee Y Golden Y Goodwin
Y Green Y Greene N Griffin
Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J
Heard Y Henson Y Herbert
Hightower Y Holland
Y Holmes Y Howard Y Hudson NIrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd Y Lane,D N Lane,R N Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Lupton
NMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C N Meadows Y Merritt Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller N Oliver.C Oliver.M YOrr Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote N Perry Y Pettit Y Pinholster Y Pinkston
NPoag Y Porter
Y Poston Y Powell,A
Powell.C Y Purcell Y Randall
Ray Reaves Redding Y Ricketson Y Royal Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith.P Y Smith.T
Y Smith.W Smyre
YSnow Y Stancil.F
Y Stancil,S Y Stanley
Stephens Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
WEDNESDAY, FEBRUARY 20, 1991
1065
Y Titus Tolbert Townsend
YTurnquest
Twiggs Valenti Y Vaughan
Y Walker,J
Y Walker,L Wall
Y Ware
Watson
Y Watts White
Y Wilder
Y Williams,B
Y Williams J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 129, nays 15.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Griffin of the 6th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 295.
Representative Cummings of the 17th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Dixon of the 128th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.
Representative Hightower of the 36th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 15. By Representative Lane of the 27th:
A bill to amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions concerning the registration and licensing of motor vehicles, so as to make it unlawful for any person willfully to mutilate, obliterate, deface, alter, change, or conceal the county designation on any license plate issued under the motor vehicle registration laws of this state or knowingly to operate a vehicle bearing a license plate on which any county designation has been willfully mutilated, obliterated, defaced, altered, changed, or concealed.
The following Committee substitute was read:
A BILL
To amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to general provisions concerning the registration and licensing of motor vehicles, so as to make it unlawful for any person willfully to mutilate, obliterate, deface, alter, change, or conceal the county designation on any license plate issued under the motor vehicle registration laws of this state or knowingly to operate a vehicle bearing a license plate on which any county designation has been willfully mutilated, obliterated, defaced, altered, changed, or concealed; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change certain provisions applicable to license plates for veterans awarded the Purple Heart; to change the minimum number of applica tions required before the special and distinctive license plate for veterans awarded the Purple Heart shall be designed and issued by the state revenue commissioner; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to general provisions concerning the registration and licensing of motor
1066
JOURNAL OF THE HOUSE,
vehicles, is amended by striking in its entirety Code Section 40-2-6, relating to alteration of license plates, and inserting in lieu thereof a new Code Section 40-2-6 to read as follows:
"40-2-6. Any Except as otherwise provided in this chapter, any person who shall willfully mutilate, obliterate, deface, alter, change, or conceal any numeral, letter, char acter, county designation, or other marking of any license plate issued under the motor vehicle registration laws of this state; who shall knowingly operate a vehicle bearing a license plate on which any numeral, letter, character, county designation, or other mark ing has been willfully mutilated, obliterated, defaced, altered, changed, or concealed; or who shall knowingly operate a vehicle bearing a license plate issued for another vehicle and not transferred as provided by law shall be guilty of a misdemeanor."
Section 2. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking in its entirety subsection (b) of Code Section 40-2-84, relating to license plates for veterans awarded the Purple Heart, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commis sioner and include the requisite fee. The commissioner shall retain all applications received for such special and distinctive license plate until a minimum of 660 250 appli cations have been received. After receipt of 606 250 applications for such a distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 606 250 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 dis tinctive license plates and all fees shall be refunded to applicants. The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such a special and distinctive license plate shall be $26.00 $40.00. The commissioner is specifically authorized to promulgate all rules and regula tions necessary to ensure compliance in instances where such vehicles have been trans ferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Watson of the 114th moves to amend the Committee substitute to HB 15 as follows:
By adding on line 27 after the word "fee" the following:
said applicant may apply for and be limited to two (2) tags.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron
Y Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong
WEDNESDAY, FEBRUARY 20, 1991
1067
Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H
Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y FloydJ.W Y Flynt Y Godbee Y Golden
Y Goodwin Y Green Y Greene
Y Griffin Y Groover Y Hamilton Y Hammond
Hanner
Y Harris.B
Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland
Holmes Y Howard
Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam
Y Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
01iver,M YOrr
Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Y Pinkston YPoag Y Porter YPoston Y Powell,A
Powell,C Y Purcell YRandall
Ray Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,P Y Smith.T Y Smith,W
Y Smyre YSnow
Stancil.F Y Stancil.S Y Stanley
Stephens Streat Y Taylor Y Teper Y Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Valenti
Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Wiltiams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
SB 112. By Senators Ramsey of the 54th and Hasty of the 51st:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys generally, so as to provide that a district attorney who is performing ordered military duty shall be eli gible for reelection to such office; to provide procedures for such officer to qualify for reelection for such office; to provide for an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks
Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark.L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Davis.G Y Davis.M Y Dixon,H Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin
Groover
Y Hamilton Y Hammond Y Hanner
Y Harris,B Y Harris^ Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Howard Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong
1068
JOURNAL OF THE HOUSE,
YLord
Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett
Par ham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Y Pinkston YPoag Y Porter Y Poston
Y Powell,A Y Powell.C Y Purcell
YRandall YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper
Y Smith.L Y Smith,P Y Smith.T
Y Smith.W YSmyre
YSnow Stancil,F
Y Stancil,S
Y Stanley Stephens
Y Streat Y Taylor
Teper Y Thomas.C
Y Thomas.M Y Thomas.N Y Thurmond
Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson
Y Watts White
Y Wilder Y Williams.B Y Williams.J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representatives Dixon of the 128th and Mueller of the 126th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 584. By Representatives Childers of the 15th, McKelvey of the 15th, Smith of the 16th and Kilgore of the 42nd:
A bill to amend Code Section 20-5-42 of the Official Code of Georgia Anno tated, relating to membership of boards of trustees of county and regional libraries, so as to authorize members of the governing authority of any county, municipality, or governmental agency financially supporting a library to serve as members of the board of trustees.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 20-5-42 of the Official Code of Georgia Annotated, relating to membership of boards of trustees of county and regional libraries, so as to authorize members of the governing authority of any county, municipality, or governmental agency financially supporting a library to serve as members or as ex officio members of the board of trustees; to provide for ex officio members; to provide for limitations and restrictions on membership of boards of trustees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 20-5-42 of the Official Code of Georgia Annotated, relating to membership of boards of trustees of county and regional libraries, is amended by adding at the end thereof new subsections (f) and (g) to read as follows:
"(f) Members of the governing authority of any county, municipality, or governmen tal agency financially supporting the library shall be eligible for appointment and service as members or as ex officio members of the board of trustees of any library or library system. No such governing authority shall appoint a majority of its members to the board of trustees of any library or library system nor shall a majority of the board of trustees of any library or library system consist of members of the governing authority of any single county, municipality, or governmental agency.
(g) Public library system boards of trustees may provide for ex officio board mem bership in the system constitution and bylaws."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
WEDNESDAY, FEBRUARY 20, 1991
1069
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abemathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Davis.G Y Davis.M Y Dixon.H Dixon,S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd.J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Howard Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing
Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt
Milam
Y Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Parham
Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow
Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L YWall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Human Relations and Aging and referred to the Committee on Health and Ecol ogy:
HB 519. By Representative Holmes of the 28th:
A bill to amend Code Section 15-11-41 of the Official Code of Georgia Anno tated, as enacted by an Act approved April 16, 1990, relating to limitations of time on orders of disposition committing a delinquent or unruly child to the Division of Youth Services, so as to provide for additional periodic
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:
1070
JOURNAL OF THE HOUSE,
HB 344. By Representative Lawson of the 9th:
A bill to amend Code Section 20-2-2002 of the Official Code of Georgia Annotated, relating to the establishment of an interlocal risk management agency for boards of education, and Code Section 36-85-1 of the Official Code of Georgia Annotated, relating to definitions used with respect to interlocal risk management agencies, so as to authorize boards of education of independent school systems to participate in the interlocal risk manage ment agency for municipalities.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 20-2-2002 of the Official Code of Georgia Annotated, relating to the establishment of an interlocal risk management agency for boards of education, and Code Section 36-85-1 of the Official Code of Georgia Annotated, relating to definitions used with respect to interlocal risk management agencies, so as to authorize boards of edu cation of certain independent school systems to participate in the interlocal risk manage ment agency for municipalities; to provide a definition; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 20-2-2002 of the Official Code of Georgia Annotated, relating to the establishment of an interlocal risk management agency for boards of education, is amended by striking subsection (b) in its entirety and inserting in its place a new subsec tion (b) to read as follows:
"(b) There Except for the boards of education of independent school systems which elect to participate in an interlocal risk management agency for municipalities estab lished pursuant to Chapter 85 of Title 36, there shall be only one interlocal risk manage ment agency established for boards of education; provided, however, if the Commissioner determines that there are special or unique circumstances or special needs of groups of boards of education which justify the establishment of an additional interlocal risk man agement agency or agencies, he may authorize the establishment of such additional agency or agencies. Each agency may establish such group self-insurance funds as may be authorized by the Commissioner."
Section 2. Code Section 36-85-1 of the Official Code of Georgia Annotated, relating to definitions used with respect to interlocal risk management agencies, is amended by striking paragraph (10) in its entirety and inserting in its place a new paragraph (10) to read as follows:
"(10) 'Municipality' means a municipal corporation of the State of Georgia. Such term shall include any public authority, commission, board, or similar agency which is created by general or local Act of the General Assembly and which carries out its functions wholly or partly within the boundaries of the municipality. The term shall also include such bodies which are created or activated by an ordinance or resolution of the govern ing body of the municipality individually or jointly with other political subdivisions of the state. The term shall also include any independent school system of this state which elects to participate in the interlocal risk management agency comprised of municipali ties; provided, however, such independent school system must have a full-time equiva lent student count of at least 2,800 in order to elect to become a member of the interlocal risk management agency comprised of municipalities."
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.
WEDNESDAY, FEBRUARY 20, 1991
1071
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken YAlford Y Atkins Y Baker YBalkcom
Y Barfoot Y Bargeron Y BarnettJB Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafm Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark,H
Y Clark,L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis,M Y Diion,H Y Don,S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel
Y Floyd,J.M Y Floyd,J.W
YFlynt Y Godbee Y Golden YGoodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y 01iver,M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y PowelLA Y Powell.C Y Purcell YRandall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith.P Y Smith.T Y Smith.W
Y Smyre YSnow Y Stancil,F
Y StancilS Y Stanley Y Stephens
Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J
Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y WilliamsJB Y Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HR 101. By Representatives Hamilton of the 124th, Snow of the 1st, Milam of the 81st, Byrd of the 153rd, Poston of the 2nd and others:
A resolution urging the creation of the Georgia Council on Environmental Quality.
The following Committee substitute was read and adopted:
A RESOLUTION
Urging the creation of the Georgia Council on Environmental Quality; and for other purposes.
WHEREAS, the State of Georgia experienced dramatic population and economic growth in the 1980's accompanied by an unprecedented level of development of the state's natural resources; and
WHEREAS, the tremendous growth and development Georgia experienced in the last decade imposed an increasing strain on the state's natural resources; and
1072
JOURNAL OF THE HOUSE,
WHEREAS, current and future needs for adequate clean air and water will require more stringent environmental protection standards in order to avoid a decline in the qual ity of life in Georgia; and
WHEREAS, existing state environmental standards are insufficient to protect the unique natural environments of the State of Georgia; and
WHEREAS, continued environmental degradation will restrict future growth and development opportunities by making Georgia less attractive to new residents and visitors and less hospitable to its citizens; and
WHEREAS, much of Georgia's recent population growth is directly attributable to a national perception of Georgia as a state of immense, unspoiled natural beauty that offers abundant opportunities for family recreation; and
WHEREAS, it is well recognized that the ability of a state to protect successfully the natural beauty of the environment can foster even greater economic growth; and
WHEREAS, the General Assembly finds that the future economic and social develop ment of the State of Georgia depends upon maintaining the highest possible level of envi ronmental quality through enforcement of the highest practicable environmental protection standards.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does urge the Governor, the Department of Natural Resources, and the Department of Community Affairs to establish the Georgia Council on Environ mental Quality to review Georgia's environmental standards and those of other states for the purpose of maintaining those environmental standards necessary to preserve and pro tect the air and water quality and natural beauty of the state.
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 Governor, the commissioner of Natural Resources, and the commissioner of Community Affairs.
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Bamett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Brush YBuck Y Buckner
YByrd
Y Campbell Canty
Y Carrell Y Carter Y Chafin Y Chambiess Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings,M Y Davis.G Y Davis,M Y Dixon,H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson
Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson
YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey Y McKinney.B Y McKinney.C
Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Morsberget Y Moultrie Y Mueller
Y Oliver.C Y 01iver,M
YOrr Orrock
Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A
WEDNESDAY, FEBRUARY 20, 1991
1073
YPowell.C Y Purcell
Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
YSimpson Y Sinkfield Y Skipper Y Smith,L Y Smith.P Y Smith.T Y Smith,W Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker,L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, by substitute, the ayes were 166, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HB 679. By Representative Thomas of the 69th:
A bill to amend Code Section 15-18-44 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Prosecuting Attorneys' Coun cil, so as to allow the compensation of administrative or clerical personnel employed by the council out of council funds when they are receiving retire ment compensation from a county or municipal retirement plan for past ser vices.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 679 by striking line 8 of page 1 and inserting in lieu thereof the following:
"matters; to provide an effective date; to repeal conflicting laws; and for other pur poses."
By redesignating Section 2 as Section 3.
By adding, following Section 1, 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."
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Bargeron
Y BarnettJB Y Barnett,M
Y Bates Y Beatty Y Benefield YBirdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty Y Carrell Y Carter Y Chafin
Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H
Y Dixon,S Y Dobbs Y Dover Y Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden
Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J
Heard
Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein
Y Ladd Y Lane.D Y Lane.R Y Langford
Y Lawrence Y Lawson Y Lee Y Long Y Lord Y Lucas Y Lupton Y Mann Y Martin
1074
Y McCoy McKelvey McKinney.B
Y McKinney.C Y Meadows Y Merritt
Milam Y Mills Y Mobley Y Moody Y Moraberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
JOURNAL OF THE HOUSE,
Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Y Pinkston Poag
Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith,? Y Smith,T Y Smith.W YSmyre
YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C
Y Thomas.M Thomas.N
Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L YWall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 569. By Representatives Walker of the 113th, Skipper of the 116th, Holland of the 136th, Campbell of the 23rd, Walker of the 115th and others:
A bill to amend Code Section 44-7-51 of the Official Code of Georgia Anno tated, relating to the issuance of summons, service, answers, defenses, and counterclaims in dispossessory proceedings, so as to provide that a clerk or deputy clerk of the magistrate court may grant and issue such summons.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford
Y Atkins Baker
Y Balkcom Y Barfoot
Bargeron Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove N Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell N Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H
Y Clark.L
Y Coker Coleman
Y Colwell Connell
Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis.M
Y Dixon.H Dixon.S
Y Dobbs Y Dover
YDunn
Y Edwards
Y Elliott Y Felton Y Fennel Y Floyd,J.M
Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B N McKinney.C Y Meadows Y Merritt
Milam
Y Mills
Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M
YOrr Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Reaves
N Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield
Y Skipper Y Smith.L
Y Smith,P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
WEDNESDAY, FEBRUARY 20, 1991
1075
On the passage of the Bill, the ayes were 155, nays 4. The Bill, having received the requisite constitutional majority, was passed.
Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was again taken up for consideration:
HR 32. By Representatives Coleman of the 118th, Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Dover of the llth and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the fiscal year of the state shall com mence on the first day of April and terminate on the thirty-first of March following.
Representative Groover of the 99th moved that further consideration of HR 32 be postponed until tomorrow, February 21, 1991, immediately following the period of unani mous consents.
The motion prevailed.
The following Resolution, favorably reported by the Committee on Rules, was read:
HR 344. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th and Groover of the 99th:
A resolution amending the Rules of the House of Representatives.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot
Bargeron
Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Diion.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Hanner Y Harris,B Y HarrisJ Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr
Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith.L
Y Smith,? Y Smith.T Y Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C Y Thomas.M
Y Thomas.N Y Thurmond
Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Y Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
1076
JOURNAL OF THE HOUSE,
On the adoption of the Resolution, the ayes were 164, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:
HB 647. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to provide for the creation of one or more community improvement districts in Douglas County.
The following Senate substitute was read:
A BILL
To provide for the creation of one or more community improvement districts in Doug las County; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for the administration of said districts by the governing authority of Douglas County; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for the debt of said districts; to provide for cooper ation with local governments; to provide for the powers of said districts; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for exchange and transfer, certificate of validation, specification of interest rates in notice to district attorney or Attorney General, and in notice of validation hearing; to provide for the form of bonds and the definition of the terms "cost of project" and "cost of any project" as used in bond resolutions and elsewhere; to provide for authorized contents of agreements and instruments of the board generally and use of proceeds of the sale of bonds, notes, and other obligations and the subsequent issues of bonds, notes, and other obligations; to provide for construction; to provide that Chapter 5 of Title 10 of the Offi cial Code of Georgia Annotated, the "Georgia Securities Act of 1973," shall not apply to the offer, sale, or issuance of the districts' notes or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide the procedures connected with 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. Short title. This Act shall be known as the "Douglas County Community Improvement Districts Act."
Section 2. Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within Douglas County and each municipal ity therein, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created pursuant to this Act or any supplemental resolution amending the same:
(1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads;
(2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law.
Section 3. Definitions. As used in this Act, the term:
WEDNESDAY, FEBRUARY 20, 1991
1077
(1) "Agricultural" means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables.
(2) "Board" means the governing authority of Douglas County. (3) "Bonds" or "general obligation bonds" means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refund ing bonds but not including notes or other obligations of a district. (4) "Cost of the project" or "cost of any project" means and includes:
(A) 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;
(B) All costs of real property, fixtures, or personal property used in or in connec tion with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improve ments, water rights, connections for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, per mits, approvals, licenses, or certificates; and the cost of preparation of any applica tion therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project;
(C) All other financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation;
(D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project;
(E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bondholders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project;
(J) 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;
(K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and
(L) The establishment of 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 board may approve with respect to the financing and operation of any project and as may be authorized by a bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district 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 pro ceeds of bonds, notes, or other obligations issued by the district.
(5) "District" means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located as the context requires or permits.
1078
JOURNAL OF THE HOUSE,
(6) "Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property," with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon the values established in the most recent ad valorem tax reassessment of such proper ties certified by the chairman of the Douglas County Board of Tax Assessors.
(7) "Forestry" means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicate an active tree-farming operation; it does not include the casual growing of trees on land other wise idle or held for investment, even though some harvesting of trees may occur thereon.
(8) "Project" means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements located or to be located within the district, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machin ery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purposes set forth in Section 2 of this Act.
(9) "Property owner" or "owner of real property" means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valo rem tax records of Douglas County. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole.
(10) "Property used nonresidentially" means property used for neighborhood shop ping, planned shopping center, general commercial, tourist services, office or institu tional, office services, light industry, heavy industry, central business district, or other commercial or business use which does not include residential.
(11) "Taxpayer" means any entity or person paying ad valorem taxes on real prop erty, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole.
Section 4. Creation; project specifications; conflicts of interest. Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, there is created one or more community improvement districts to be located in Douglas County, Georgia, wholly within the unincorporated area thereof, each of which shall be activated upon compliance with the conditions hereinafter provided, and which shall be governed by a board as hereinafter constituted. The conditions for such activation shall be:
(1) The adoption of a resolution consenting to the creation of each community improvement district by the Douglas County Board of Commissioners; and
(2) Written consent to the creation of the community improvement district by: (A) A majority of the owners of real property within the community improve
ment district which will be subject to taxes, fees, and assessments levied by the board of the community improvement district; and
(B) The owners of real property within the community improvement district which constitutes at least 75 percent by value of all real property within the com munity improvement district which will be subject to taxes, fees, and assessments levied by the board of the community improvement district; and for this purpose value shall be determined by the most recently approved county ad valorem tax digest. The written consents provided for above shall be submitted to the Douglas County tax commissioner who shall certify whether subparagraphs (A) and (B) of paragraph (2) of this subsection have been satisfied with respect to each such proposed district. No district created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions are met. A copy of such resolutions shall
WEDNESDAY, FEBRUARY 20, 1991
1079
be filed with the Secretary of State, who shall maintain a record of all districts acti vated under this Act, and with the Department of Community Affairs.
Section 5. Taxes, fees, and assessments, (a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the prop erties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such prop erty. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of development within the district and not for the purpose of pro viding those governmental services and facilities provided to the county or the municipal ity as a whole. Any tax, fee, or assessment so levied shall be collected by Douglas County. Delinquent taxes shall bear the same interest and penalties as Douglas County ad valorem taxes and may be enforced and collected in the same manner. The proceeds of taxes, fees, and assessments so levied, less a fee to cover the costs of collection thereof, shall be expended by the board only for the purposes authorized by this Act.
(b) The board shall levy the taxes provided in subsection (a) of this section between January 1 and October 1 each calendar year and notify in writing the collecting authority by October 15 each year so they may include the levy on their regular ad valorem tax bills.
(c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear its tax millage then extant upon such event, for bonded indebtedness of the district then outstanding, until said bonded indebtedness then outstanding is paid or refunded.
Section 6. Boundaries of the districts, (a) The boundaries of each district shall be as designated as such by the Board of Commissioners of Douglas County wholly within the unincorporated area of Douglas County as set forth in the resolutions required in Section 4 of this Act, or as may thereafter be added as provided by this Act.
(b) The boundaries of a district may be increased after the initial creation of a dis trict with the following:
(1) Written consent of: (A) A majority of the owners of real property within the area sought to be
annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the board; and
(B) The owners of the real property within the area sought to be annexed into the community improvement district which constitutes at least 75 percent by value of all real property within the area sought to be annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the board of the community improvement district; and for this purpose value shall be determined by the most recently approved county ad valorem tax digest; and (2) The adoption of a resolution consenting to the annexation by the board.
Section 7. Debt. Each district may incur debt without regard to the requirements of Section V of Article IX of the Constitution of Georgia, or any other provision of law pro hibiting or restricting the borrowing of money or the creation of debt by political subdivi sions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia or any other unit of government of the State of Georgia other than the district.
Section 8. Cooperation with local governments. The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the governing authority of Douglas County and any lawfully constituted authorities within which the district is partially located. The provisions of this section shall in no way limit the authority of Douglas County or any such municipality to provide services or facilities
1080
JOURNAL OF THE HOUSE,
within the district; and Douglas County or such municipalities shall retain full and com plete authority and control over any of their facilities located within their respective areas of any district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein.
Section 9. Powers, (a) The governing authority of Douglas County shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power:
(1) To bring and defend actions; (2) To adopt and amend a community improvement district; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construc tion of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in fur therance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, pur chase, 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 bonds, notes, or other obligations of the district or any other funds of the district, or from any contributions or loans by per sons, corporations, partnerships (whether limited or general), or other entities all of which the board is authorized to receive, accept, and use;
(6) To borrow money to further or carry out its public purposes and to execute bonds; notes; other obligations; leases; trust indentures; trust agreements; agreements for the sale of its bonds, notes, or other obligations; loan agreements; security agree ments; assignments; and such other agreements or instruments as may be necessary or desirable, in the judgment of the board, to evidence and to provide security for such borrowing;
(7) To issue bonds, notes, or other obligations of the district and use the proceeds thereof for the purpose of paying all or any part of the cost of any project and other wise to further or carry out the public purposes of the district and to pay all costs of the board incidental to, or necessary and appropriate to, furthering or carrying out such purposes;
(8) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the district's public purposes 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 thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the district;
(10) To contract for any period, not exceeding 50 years, with the State of Georgia, state institutions, or any municipal corporation, county, or political subdivision of this state for the use by the district of any facilities or services of the state or any such state institution, municipal corporation, county, or political subdivision of this state, or for the use by any state institution or any municipal corporation, county, or politi cal subdivision of the state of any facilities or services of the district, provided that such contracts shall deal with such activities and transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake;
WEDNESDAY, FEBRUARY 20, 1991
1081
(11) To receive and use the proceeds of any tax levied by any county or any munici pal corporation to pay the costs of any project or for any other purpose for which the board may use its own funds pursuant thereto;
(12) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts;
(13) 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 in the best advantage of the district and the public purposes thereof;
(14) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses;
(15) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with Douglas County and any municipal corporations;
(16) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and
(17) To do all things necessary or convenient to carry out the powers conferred in this Act. (b) The powers enumerated in subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act; and no such power limits or restricts any other power of the board.
Section 10. Bonds - Generally, (a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall con stitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged.
(b) All bonds, notes, and other obligations of any district shall be authorized by a resolution of its board adopted by a majority vote of the board members at a regular or special meeting.
(c) 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 dates), 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 issu ance of such bonds, notes, or other obligations may permit or provide. The terms, provi sions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members then in office and their successors.
(d) The board shall have power from time to time and whenever it deems it expedi ent to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose provided for in this Act. 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.
(e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of the district; and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts.
(f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such 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 Douglas County shall be made on the certificate of validation of such
1082
JOURNAL OF THE HOUSE,
bonds by facsimile or by manual execution, stating the date on which such bonds were val idated; 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 such bonds are to bear and the principal amount and maturities of such bonds, the notice to the district attorney or the Attorney General, the notice to the public of the time, place, and date of the valida tion 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) and that the principal amount will not exceed and the final maturity date will not be later than as specified in such notices and petition and complaint or may state that, in the event the bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rate (which may be fixed or may fluctuate or otherwise change from time to time) so specified; provided, however, that nothing in this section shall be construed as prohibiting or restricting the right to sell such bonds at a discount, even if in doing so the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices and in the petition and complaint.
(i) The terms "cost of the project" and "cost of any project" shall have the meaning prescribed in this Act whenever those terms are referred to in bond resolutions, in bonds, notes, or other obligations of the district, or in notices or proceedings to validate such bonds, notes, or other obligations of a district.
Section 11. Authorized Contents of Agreements and Instruments of the Board Gen erally; Use of Proceeds of Sale of Bonds, Notes, and other Obligations; Subsequent Issues of Bonds, Notes, and other Obligations, (a) Subject to the limitations and procedures pro vided by this section and by Section 10 of this Act, the agreements or instruments exe cuted may contain such provisions not inconsistent with law as shall be determined by the board.
(b) The proceeds derived from the sale of all bonds, notes, and other obligations issued by a district shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this Act, 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 this Act.
(c) Issuance of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude issuance of other bonds, notes, or other obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, 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 board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue.
Section 12. Construction; Applicability of Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973"; Notice, Proceeding, Publication, Referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Securities Act of 1973." No notice, proceeding, or publi cation except those required by this Act shall be necessary to the performance of any act authorized by this Act, nor shall any such act be subject to referendum.
Section 13. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 14. Repealer. All laws and parts of laws in conflict with this Act are repealed.
Representative Kilgore of the 42nd moved that the House agree to the Senate substi tute to HB 647.
WEDNESDAY, FEBRUARY 20, 1991
1083
On the motion, the ayes were 110, nays 0. The motion prevailed.
Representative Kilgore of the 42nd District, Chairman of the Committee on Educa tion, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 142 Do Pass, by Substitute
Respectfully submitted, /s/ Kilgore of the 42nd
Chairman
Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 154 Do Pass
Respectfully submitted, /s/ Ware of the 77th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 298 Do Pass, by Substitute HB 416 Do Pass HB 429 Do Pass
HB 604 Do Pass, by Substitute HB 683 Do Pass, as Amended
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Mobley of the 64th District, Vice-Chairman of the Committee on Pub lic Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
1084
JOURNAL OF THE HOUSE,
HB 562 Do Pass
Respectfully submitted, /s/ Mobley of the 64th
Vice-Chairman
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.
THURSDAY, FEBRUARY 21, 1991
1085
Representative Hall, Atlanta, Georgia Thursday, February 21, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Kenneth B. Martin, Pastor, Antioch Baptist Church, Augusta, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolution of the House were intro duced, read the first time and referred to the committees:
HB 819. By Representative Langford of the 7th: A bill to amend an Act known as the "Calhoun-Gordon County Airport Authority Act," so as to change the number of members of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 820. By Representative Pettit of the 19th: A bill to amend Code Section 36-62-6 of the Official Code of Georgia Anno tated, relating to general powers of authorities under the "Development Authorities Law," so as to provide that authorities shall have the power to expend surplus funds for the purpose of promoting industry, agriculture, and trade.
Referred to the Committee on Industry.
1086
JOURNAL OF THE HOUSE,
HB 821. By Representatives Smith of the 16th, Snow of the 1st, Watts of the 41st, Cummings of the 17th, Herbert of the 76th and others:
A bill to amend Chapter 3 of Title 31 of the Official Code of Georgia Anno tated, relating to county boards of health, so as to provide for competitive sealed bids and competitive sealed proposals for certain contracts of county boards of health, district health directors, and the Department of Human Resources.
Referred to the Committee on State Institutions & Property.
HR 349. By Representative Poag of the 3rd: A resolution designating the Woody Glenn Highway.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the com mittees:
HB 822. By Representatives Walker of the 115th, Coleman of the 118th, Murphy of the 18th and Buck of the 95th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes involving forgery and fraudulent practices, so as to repeal the existing "Georgia Computer Systems Protection Act" and enact a new "Georgia Computer Systems Protection Act".
Referred to the Committee on Judiciary.
HB 823. By Representatives Walker of the 115th, Groover of the 99th, Murphy of the 18th and Buck of the 95th:
A bill to amend Code Section 42-8-34.2 of the Official Code of Georgia Anno tated, relating to civil actions and remedies for the collection of fines, costs, restitution, and reparation ordered as a condition of probation, so as to pro vide that no deposit of court costs shall be required for such civil actions and remedies.
Referred to the Committee on Judiciary.
HB 824. By Representative Twiggs of the 4th:
A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Anno tated, "The Driver Training School License Act," so as to change provisions relating to the minimum required surety bond; to change provisions estab lishing fees for applications and examinations.
Referred to the Committee on Public Safety.
HB 825. By Representatives Felton of the 22nd and Campbell of the 23rd:
A bill to amend Code Section 36-67-4 of the Official Code of Georgia Anno tated, relating to zoning proposal recommendation standards applicable to zoning procedures for counties and municipalities meeting certain population requirements, so as to encourage the creation of planning commissions to serve identifiable areas and communities.
Referred to the Committee on State Planning & Community Affairs.
THURSDAY, FEBRUARY 21, 1991
1087
HB 826. By Representatives Felton of the 22nd and Campbell of the 23rd:
A bill to amend an Act creating the Board of Commissioners of Fulton County, so as to provide that procedures to regulate county purchasing shall be established by resolution or ordinance and to require that sealed bids must be obtained on purchases exceeding a certain amount.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 827. By Representatives Buckner of the 72nd, Lee of the 72nd, Poston of the 2nd, Oliver of the 121st, King of the 72nd and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions relative to torts, so as to provide that any person who in good faith, voluntarily, and without the expectation or receipt of compensation provides drug abuse prevention services or events to promote drug abuse prevention shall not be liable for damages or injuries alleged to have been sustained by any person or for the injury or death of the person when the injuries or death are alleged to have occurred by reason of an act or omission in the rendering of such service or counseling.
Referred to the Committee on Judiciary.
HB 828. By Representatives Colwell of the 4th and Twiggs of the 4th:
A bill to amend an Act placing the sheriff of Rabun County on a salary, so as to change the compensation of the sheriff.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 829. By Representatives Murphy of the 18th and Porter of the 119th:
A bill to amend Code Section 46-2-5 of the Official Code of Georgia Anno tated, relating to the chairmanship of the Public Service Commission, so as to change the provisions relating to the chairman.
Referred to the Committee on Industry.
HB 830. By Representatives Pinholster of the 8th and Stancil of the 8th:
A bill to provide a homestead exemption from all Pickens County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, for the full value of the home stead for certain residents of that school district who have annual gross fam ily incomes not exceeding $20,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 831. By Representatives Pinholster of the 8th, Stancil of the 8th and Barnett of the 10th:
A bill to amend Section 1 of an Act providing a homestead exemption for residents of the Cherokee County School District who are 62 years of age or over, so as to raise the income eligibility limits for such exemption.
Referred to the Committee on State Planning & Community Affairs - Local.
1088
JOURNAL OF THE HOUSE,
HB 832. By Representatives Kingston of the 125th, Hamilton of the 124th, Merritt of the 123rd, Bordeaux of the 122nd, Pelote of the 127th and others:
A bill to amend Code Section 48-5-264 of the Official Code of Georgia Anno tated, relating to designation and duties of the chief appraiser, so as to pro vide that the chief appraiser may be a member of the county board of tax assessors only upon approval of the governing authority of the county.
Referred to the Committee on Ways & Means.
HB 833. By Representative Bargeron of the 108th: A bill to provide a new charter for the City of Louisville.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 834. By Representatives Hamilton of the 124th, Oliver of the 53rd, Carrell of the 65th, Redding of the 50th, Orrock of the 30th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide for a new chapter, the "Georgians With Disabilities Act of 1991".
Referred to the Committee on Health & Ecology.
HB 835. By Representative Lane of the 27th:
A bill to amend Chapter 4 of Title 30 of the Official Code of Georgia Anno tated, relating to handicapped persons, so as to provide mobility impaired persons and their service dogs with the same rights and privileges granted to blind and deaf persons and their guide dogs with respect to public accommo dations and housing accommodations.
Referred to the Committee on Human Relations & Aging.
HB 836. By Representatives Ricketson of the 82nd, Griffin of the 6th, Green of the 106th, Parrish of the 109th, Dunn of the 73rd and others:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses involving theft, so as to enact the "Motor Vehicle Chop Shop and Stolen and Altered Property Act".
Referred to the Committee on Motor Vehicles.
HB 837. By Representatives Green of the 106th, Ricketson of the 82nd, Coleman of the 118th, Parham of the 105th, Pettit of the 19th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, relating to public assistance programs, so as to provide for Department of Medical Assistance oversight of Department of Human Resources survey ors.
Referred to the Committee on Health & Ecology.
HR 352. By Representative Meadows of the 91st:
A resolution authorizing the State Properties Commission to negotiate and execute a long-term lease of a certain tract of state owned real property located in the Warm Springs area and containing the historic hydrotherapy pool complex.
Referred to the Committee on State Institutions & Property.
THURSDAY, FEBRUARY 21, 1991
1089
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 797 HB 798 HB 799 HB 800 HB 801 HB 802 HB 803 HB 804 HB 805 HB 806 HB 807 HB 808 HB 809 HB 810 HB 811 HB 812 HB 813 HB 814 HB 815 HB 816
HB 817 HB 818 HR 345 HR 346 HR 347 HR 348 SB 176 SB 199 SB 201 SB 213 SB 217 SB 238 SB 281 SB 282 SB 283 SB 287 SB 289 SB 311 SB 328 SB 332
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 136 Do Pass HB 185 Do Pass, by Substitute HB 474 Do Pass, by Substitute
HB 519 Do Pass SB 68 Do Pass, as Amended SB 192 Do Pass, as Amended
Respectfully submitted, /s/ Childers of the 15th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 770 Do Pass HB 771 Do Pass HB 787 Do Pass
HB 789 Do Pass HB 790 Do Pass SB 80 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
1090
JOURNAL OF THE HOUSE,
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR THURSDAY, FEBRUARY 21, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 26th Legislative Day as enu merated below:
HB 146 Professional Practices Commission; Reportable Offenses HB 261 License Plates; Special Tags; Honor Olympic Games HB 298 Family Violence/Protective Order Violations; Arrest W/Out Warrant HB 412 County Tax Digests; Rejection; Appeal Procedures HB 413 Income Tax; Monthly/Quarterly Returns; Amend HB 417 Guardians; Incapacitated Adults; Emergency Conditions HB 420 Co/Mun. Excise Tax Levies; Hotels-Motels HB 429 Disability Retirement; Judge Eligible to Become Senior Judge HB 438 Leased Livestock; Owner; Liability HB 454 Indemnification; Time Limit For Filing Application HB 456 Income Tax; Capital Gains Adjustment HB 465 Bids by Affiliated Corporations; Certain Cases; Forfeit Bond HB 468 License Plate Resembling Official Plate; Prohibit on Rear of Vehicle HB 492 Evidence; Certain Reproductions; Admissibility HB 610 Campus Policemen; Certain Colleges; Repeal Certain Definition HB 683 Juvenile Proceedings; Certain Records; Inspection
HR 32 Fiscal Year; April 1 - March 31; Authorization - CA (Postponed)
SR 56 Bush, President George; Invite to SE Georgia Vet's Day Celebration
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
SB 80.
By Senator Thompson of the 33rd:
A bill to increase the amount of the homestead exemption from City of Austell ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of the City of Austell actually occupied by the owner as a residence and homestead.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams YAiken YAlford Y Atkins Y Baker Y Balkcom
Barfoot
Bargeron Y Barnett,B
Barnett,M Bates Y Beatty Y Benefield Birdsong Blitch
Y Bordeaux Y Boatick Y Branch Y Breedlove Y Brooks
Brown Y Brush Y Buck
Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin
Chambless
Y Cheeks Y Childers Y Clark.E Y Clark,H Y Clark,L Y Coker
Coleman Y Colwell
THURSDAY, FEBRUARY 21, 1991
1091
Y Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis,M
Dixon.H Y Dixon,S
Dobbs Y Dover
Dunn
Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W YFlynt
Godbee Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Banner
Y Harris,B Y Harris,J Y Heard
Henson Y Herbert Y Hightower Y Holland
Holmes Y Howard
Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D
Lane,R Langford
Y Lawrence Y Lawson YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C
Meadows Y Merritt YMilam Y Mills
Mobley Y Moody Y Morsberger
Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr Y Orrock Y Padgett
Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit
Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell,A
Y Powell,C Y Purcell
Randall
YRay Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L Y Smith,P Y Smith.T
Smith.W Smyre YSnow Stancil.F Stancil,S Stanley
Y Stephens Streat
Y Taylor Y Teper
Y Thomas.C Thomas ,M
Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall YWare Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.
HB 770. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to create the Walker County Water and Sewer Utility Authority.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 771. By Representatives Chambless of the 133rd, Cummings of the 134th, White of the 132nd and Balkcom of the 140th:
A bill to amend an Act placing certain county officers of Dougherty County upon an annual salary, so as to change the provisions relating to the salary of the judge of the probate court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 787. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act placing the sheriff of Dawson County upon an annual salary, so as to change the compensation of the sheriff.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
1092
JOURNAL OF THE HOUSE,
On the passage of the Bill, the ayes were 136, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 789. By Representative Smith of the 78th:
A bill to amend an Act to make provisions for the Magistrate Court of Lamar County, so as to provide for the nonpartisan election of the chief magistrate.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 790. By Representative Smith of the 78th:
A bill to repeal an Act creating the office of county manager of Lamar County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 136, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 88. By Senator Deal of the 49th:
A bill to amend Code Section 32-3-15 of the Official Code of Georgia Anno tated, relating to interlocutory hearings on the amount of compensation in cases involving the acquisition of property for public road construction and other transportation purposes, so as to change the provisions relating to pro ceedings before a special master; to provide for evidence and testimony; to provide for applicability.
SB 144. By Senators Walker of the 22nd, Walker of the 43rd and Alien of the 2nd:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for legisla tive intent; to provide definitions; to require minority business enterprises to be certified by the Department of Administrative Services before bidding on state contracts; to provide the requirements for certification as a minority business enterprise.
THURSDAY, FEBRUARY 21, 1991
1093
SB 184. By Senator Johnson of the 47th:
A bill to amend Code Section 51-10-6 of the Official Code of Georgia Anno tated, relating to the owner's right of action for damage to or theft involving personal property, so as to provide for the recovery of compensatory dam ages, minimum liquidated exemplary damages, reasonable attorney's fees, and costs in actions pursuant to this Code section in which the claim value does not exceed $5,000.00 and to provide for the recovery of damages from the parents or legal guardian of certain unemancipated minors liable under this Code section.
SB 323. By Senator Dawkins of the 45th:
A bill to amend Article 2 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to administration of the laws relating to workers' compensation, so as to provide for the appointment of senior administrative law judges for the State Board of Workers' Compensation; to provide for the qualifications, service, allowances, and expenses of senior administrative law judges.
HB 134. By Representative Watson of the 114th:
A bill to amend Article 2 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to security deposits with respect to landlords and tenants, so as to change the provisions relating to liability for rent of military personnel receiving change of duty orders.
HB 281. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Anno tated, relating to certain exceptions to the prohibitions against gambling, so as to provide that such prohibitions against gambling shall not apply to cer tain games or devices.
HB 287. By Representatives Greene of the 130th, Edwards of the 112th, Holmes of the 28th and Canty of the 38th:
A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Anno tated, known as the "Georgia Municipal Training Act," so as to designate existing Code sections as Article 1; to change the composition of the board of directors of the Georgia Municipal Training Institute.
HB 303. By Representatives Smyre of the 92nd, McKelvey of the 15th, Martin of the 26th, Dover of the llth, Oliver of the 53rd and others:
A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations so as to revise comprehensively Chapter 8 of said title, known as the "Employment Security Law".
HB 400. By Representatives Ware of the 77th, Dunn of the 73rd, Griffin of the 6th, Williams of the 90th, Culbreth of the 97th and others:
A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Anno tated, relating to health care plans, so as to provide for purpose and con struction; to revise provisions regarding formation of health care corporations.
1094
JOURNAL OF THE HOUSE,
HB 441. By Representatives Cummings of the 17th, Baker of the 51st and Smith of the 78th:
A bill to amend Chapter 7 of Title 47 of the Official Code of Georgia Anno tated, relating to the Georgia Firemen's Pension Fund, so as to provide cer tain definitions; to change the requirements for eligibility in such fund; to change certain provisions relating to leaves of absence from and reinstate ment to such fund.
HB 442. By Representatives Buck of the 95th, Floyd of the 135th, Powell of the 13th, Bates of the 141st, Cummings of the 17th and others:
A bill to amend Code Section 47-16-61 of the Official Code of Georgia Anno tated, relating to payments to the Sheriffs' Retirement Fund of Georgia from fees collected in civil actions, so as to increase the additional sum collected in certain civil actions.
HB 484. By Representatives Cummings of the 17th, Buck of the 95th and Floyd of the 135th:
A bill to amend Code Section 47-17-22 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Board of Commissioners of the Peace Officers' Annuity and Benefit Fund, so as to authorize such board to correct certain errors in records which result in an overpayment or an underpayment to a beneficiary.
SB 77. By Senator Thompson of the 33rd:
A bill to amend an Act creating the board of commissioners for Cobb County, Georgia, as amended, so as to require a public hearing before the commission is authorized to spend over $100,000.00 to employ an indepen dent consultant or conduct an independent study; to provide for notice of hearing.
HB 684. By Representatives Redding of the 50th, Oliver of the 53rd, Teper of the 46th, Thomas of the 55th, Baker of the 51st and others:
A bill to amend an Act creating and establishing the Recorder's Court of DeKalb County, so as to change the penalties which may be imposed by such court.
HB 686. By Representative Langford of the 7th:
A bill to amend an Act creating a new charter for the City of Fairmount, so as to repeal the provisions relating to the veto power of the mayor; to change the provisions relating to the municipal court.
HB 688. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A bill to amend an Act creating the Rome-Floyd County Commission on Children and Youth, so as to provide for an additional position on such com mission.
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:
THURSDAY, FEBRUARY 21, 1991
1095
SR 179. By Senator English of the 21st:
A resolution urging the Board of Natural Resources to adopt appropriate measures to exempt newly installed landscaping from local watering restric tions.
SR 201. By Senator Ragan of the 10th:
A resolution urging the United States Postmaster General to properly recog nize Henry Ossian Flipper with the issuance of a commerative postage stamp.
HR 160. By Representatives Colwell of the 4th, Dobbs of the 74th, Smith of the 78th, Mueller of the 126th, Manner of the 131st and others:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Bryan, Calhoun, Dooly, Floyd, Houston, Mitchell, Richmond, Tattnall, Washington, and Wilcox counties, Georgia.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bill of the House:
HB 259. By Representatives Stephens of the 68th and Jones of the 71st:
A bill to amend Code Section 9-3-29 of the Official Code of Georgia Anno tated, relating to actions for breach of restrictive covenants, so as to expand applicability of the statute of limitations on such actions to violations of building set-back lines.
The Senate has adopted, by substitute, by the requisiste constitutional majority the following Resolution of the House:
HR 73. By Representatives Coleman of the 118th and Colwell of the 4th:
A resolution authorizing the granting of a nonexclusive easement for opera tion and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Dodge County, Georgia.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 177. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to pro vide that as a condition of probation, certain probationers may be required to complete satisfactorily a program of incarceration or confinement in a "special alternative incarceration--probation boot camp" unit of the Depart ment of Corrections for a period of 90 days from the time of initial confine ment in the unit.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
1096
JOURNAL OF THE HOUSE,
SB 77. By Senator Thompson of the 33rd:
A bill to amend an Act creating the board of commissioners for Cobb County, Georgia, as amended, so as to require a public hearing before the commission is authorized to spend over $100,000.00 to employ an indepen dent consultant or conduct an independent study; to provide for notice of hearing.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 88. By Senator Deal of the 49th:
A bill to amend Code Section 32-3-15 of the Official Code of Georgia Anno tated, relating to interlocutory hearings on the amount of compensation in cases involving the acquisition of property for public road construction and other transportation purposes, so as to change the provisions relating to pro ceedings before a special master; to provide for evidence and testimony; to provide for applicability.
Referred to the Committee on Judiciary.
SB 144. By Senators Walker of the 22nd, Walker of the 43rd and Alien of the 2nd:
A bill to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to provide for legisla tive intent; to provide definitions; to require minority business enterprises to be certified by the Department of Administrative Services before bidding on state contracts; to provide the requirements for certification as a minority business enterprise.
Referred to the Committee on State Planning & Community Affairs.
SB 184. By Senator Johnson of the 47th:
A bill to amend Code Section 51-10-6 of the Official Code of Georgia Anno tated, relating to the owner's right of action for damage to or theft involving personal property, so as to provide for the recovery of compensatory dam ages, minimum liquidated exemplary damages, reasonable attorney's fees, and costs in actions pursuant to this Code section in which the claim value does not exceed $5,000.00 and to provide for the recovery of damages from the parents or legal guardian of certain unemancipated minors liable under this Code section.
Referred to the Committee on Judiciary.
SB 323. By Senator Dawkins of the 45th:
A bill to amend Article 2 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to administration of the laws relating to workers' compensation, so as to provide for the appointment of senior administrative law judges for the State Board of Workers' Compensation; to provide for the qualifications, service, allowances, and expenses of senior administrative law judges.
Referred to the Committee on Industrial Relations.
SR 179. By Senator English of the 21st:
A resolution urging the Board of Natural Resources to adopt appropriate measures to exempt newly installed landscaping from local watering restric tions.
Referred to the Committee on Natural Resources & Environment.
THURSDAY, FEBRUARY 21, 1991
1097
SR 201. By Senator Ragan of the 10th: A resolution urging the United States Postmaster General to properly recog nize Henry Ossian Flipper with the issuance of a commerative postage stamp.
Referred to the Committee on Rules.
Representative Orrock of the 30th moved that the House reconsider its action in fail ing to give the requisite constitutinal majority to the following Bill of the House:
HB 406. By Representatives Orrock of the 30th, Martin of the 26th, Brown of the 88th, Turnquest of the 56th and Bordeaux of the 122nd: A bill to amend Code Section 34-9-281 of the Official Code of Georgia Anno tated, relating to prerequisites to compensation for occupational disease, so as to extend the time period for filing of claims resulting from occupational disease.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy N Adams Y Aiken Y Alford Y Atkins Y Baker
N Balkcom Barfoot Bargeron
Y Barnett,B N Barnett,M Y Bates Y Beatty Y Benefield
Birdsong YBlitch Y Bordeaux Y Bootick Y Branch
N Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner NByrd
Y Campbell Y Canty NCarrell N Carter Y Chafin
Chambless Y Cheeks Y Childere Y Clark,E Y Clark,H
Y Clark,L Y Coker
Coleman Colwell Y Connell
Y Culbreth CummingSfB
Y Cummings,M Y Davis,G N Davis.M Y Dixon,H Y Di*on,S
Dobbs Y Dover
YDunn Edwards
Y Elliott Felton
Y Fennel
N Floyd,J.M Y Floyd,J.W NFlynt N Godbee
Golden Y Goodwin N Green
Greene N Griffin N Groover
Hamilton Y Hammond Y Hanner Y Harris,B Y HarrisJ Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard
N Hudson Ylrwin
Y Jackson Y Jamieson Y Jenkins Y Jones
Kilgore
YKing Y Kingston Y Klein NLadd
Y Lane,D Lane.R
Y Langford N Lawrence Y Lawson YLee NLong NLord Y Lucas Y Lupton NMann Y Martin N McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt NMilam Y Mills
On the motion, the ayes were 112, nays 43. The motion prevailed.
N Mobley Y Moody N Morsberger
Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham N Parrish
N Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston NPoag
Porter Y Poston Y Powell,A N Powell.C N Purcell Y Randall NKay N Reaves Y Redding N Ricketson N Royal Y Selman Y Sherrill Y Simpson Y Sinkfield N Skipper N Smith,L
N Smith.P Y Smith.T
Smith.W Y Smyre YSnow Y Stancil,F
Stancil.S Stanley Y Stephens Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Y Thurmond N Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall N Ware N Watson Y Watts
White N Wilder N Williams.B Y Williams,J N Williams.R Y Yeargin
Murphy.Spkr
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 429. By Representatives Walker of the 115th, Groover of the 99th, Watson of the 114th, Murphy of the 18th and Walker of the 113th:
A bill to amend Code Section 47-9-60 of the Official Code of Georgia Anno tated, relating to the office of senior judge, so as to provide that a judge who is receiving a disability retirement benefit is authorized to become a senior judge.
1098
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abetnathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot
Bargeron Barnett.B Y Baraett,M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter YChafm Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker Y Coleman
Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis,G Y Davis,M Y Dixon.H Y Di*on,S
Dobbs Y Dover
YDunn Edwards
Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee
Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Banner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore King
N Kingston
Y Klein YLadd
YLane,D Lane.R
Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie Y Mueller
Y Oliver.C Y 01iver,M YOrr YOrrock Y Padgett YParham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Porter
Y Poston Y Powell,A Y Powell.C Y Purcell YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Y Simpson Y Sinkfield
Y Skipper Y Smith,L
Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F
Stancil.S
Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C
Thomas,M
Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 156, nays 1. The Bill, having received the requisite constitutional majority, was passed.
The Speaker Pro Tern assumed the Chair.
HB 610. By Representative Lane of the 27th:
A bill to repeal an Act granting certain campus policemen in this state cer tain law enforcement powers.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom YBarfoot
Bargeron Y Barnett.B Y Bamett,M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown
Y Brush YBuck Y Buckner
Byrd Y Campbell
Y Canty Y Carrell
Y Carter YChafm Y Chambless
Y Cheeks
Y Childers Y Clark,E Y Clark,H Y ClarkJL Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Y Cummings.M
Y Davis.G Y Davis.M Y Dixon,H Y Dixon,S
Dobbs Y Dover
Dunn
Y Edwards Y Elliott
Y Felton Y Fennel
THURSDAY, FEBRUARY 21, 1991
1099
Floyd,J.M YFloyd,J.W YFlynt YGodbee
Golden Y Goodwin Y Green Y Greene Y Griffin
Groover Y Hamilton Y Hammond
Hanner YHarris,B YHarris,J Y Heard YHenson Y Herbert YHightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson
Y Jamieson YJenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd YLane,D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Long
Lord Y Lucas Y Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows
Y Merritt Milam
Y Mills Y Mobley Y Moody Y Monberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M Y Orr
Orrock Y Padgett
Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston Y Poag Y Porter Y Poston Y PowelU
Y Powell.C Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Y Smith,L Y Smith,P
Smith,T Smith, W Y Smyre Y Snow Y Stancil,F Y Stancil,S Stanley Y Stephens Y Streat Y Taylor
Y Teper Y Thomas.C
Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 152, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 492. By Representative Lawson of the 9th:
A bill to amend Article 2 of Chapter 5 of Title 24 of the Official Code of Georgia Annotated, relating to copies of writings as evidence, so as to provide for the admissibility into evidence of certain noneraseable optical image reproductions.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 492 by deleting on page 1, line 16 the word "noneraseable" and inserting in lieu thereof "nonerasable".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker YBalkcom YBarfoot Y Bargeron YBarnett,B YBarnett.M
Y Bates YBeatty YBenefield YBirdsong Y Blitch Y Bordeaux YBostick Y Branch
Breedlove Y Brooks
Y Brown Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless
Y Cheeks Y Childers Y Clark.E Y Clark,H Y Clark,L Y Coker YColeman Y Colwell
Connell Y Culbreth
Y Cummings,B Y Cummings.M Y Davis.G Y Davis,M Y Dixon,H Y Diion,S
Dobbs Y Dover Y Dunn Y Edwards Y Elliott
Y Felton Y Fennel
FloydJ.M Y FloydJ.W Y Flynt YGodbee
Golden Y Goodwin Y Green Y Greene
Y Griffin Y Groover
Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Heiuon Y Herbert YHightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson YJenkins Y Jones Y Kilgore
Y King Y Kingston Y Klein Y Ladd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson Y Lee Y Long
Y Lord Y Lucas Y Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows
1100
JOURNAL OF THE HOUSE,
Y Merritt Milaro
Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y 01iver,M YOrr YOrrock Y Padgett
Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkrton
YPoag Y Porter YPoston Y PoweU,A
Y PoweU.C Y PurceU YRandaU
YRay Y Reaves
Y Redding Y Ricketson Y Royal YSelman Y Sherrffl Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P
Smith.T Smith,W Smyre YSnow Y Stancil,F
Y Stancil.S Y Stanley Y Stephens
Street Y Taylor YTeper Y Thomas.C
Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest YTwiggs
Y Valenti Y Vaughan Y Walker,J
Walker.L YWall Y Ware Y Watson Y Watts Y White Y Wilder
Y Williams,B Y Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 162, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 408 Do Pass, by Substitute
Respectfully submitted, /s/ Childers of the 15th
Chairman
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:
HB 412. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to the examination of county tax digests, so as to revise and change provisions regarding the appeals of digest rejections.
The following Committee substitute was read:
A BILL
To amend Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to the examination of county tax digests, so as to revise and change provi sions regarding the appeals of digest rejections; to repeal certain definitions; to provide for appeal procedures; to repeal provisions regarding the Ad Valorem Assessment Review Commission; to provide that an initial disapproval of a tax digest shall be deemed to be a conditional approval; to provide that only a digest which is rejected for the same defi ciencies resulting in the conditional approval shall be deemed to be a disapproved digest; to limit the circumstances under which taxes may be collected under a conditionally approved digest; to provide for an exception; to authorize collections based upon a condi tionally approved digest if an appeal has been granted by the appeals board; to provide
THURSDAY, FEBRUARY 21, 1991
1101
for additional assessments in certain cases involving disapproval by the state revenue com missioner of a subsequent digest; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5A of Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to the examination of county tax digests, is amended by striking Code Sec tion 48-5-341, relating to definitions, and inserting in its place a new Code Section 48-5-341 to read as follows:
"48-5-341. As used in this article, the term:
\i) /\ppCfllS DOftPQ ffi6tftS ft FOUp Or I1VC COH111H881OH 1UCHI DCFS flppOintCu Dy tilC
chair-man ef the Ad Valorem Assessment Review Commission te hear and decide appeals Reserved.
(2) 'Assessment bias' means any tendency or trend of assessment ratios, when ana lyzed by an appropriate statistical method, which reveals assessment progressivity or assessment regressivity.
(3) 'Assessment progressivity' means any systematic pattern of assessment in which higher value properties are generally assessed at a larger percentage of fair mar ket value than properties of lower value.
(4) 'Assessment ratio' means the fractional relationship the assessed value of prop erty bears to the fair market value of the property.
(5) 'Assessment regressivity' means any systematic pattern of assessment in which lower value properties are generally assessed at a larger percentage of fair market value than properties of higher value.
(6) 'Assessment variance' means the absolute value of the difference between the assessment ratio for each parcel of property within each class of property and the average assessment ratio for that class and expressed as a percentage of the average assessment ratio.
(7) 'Class of property' means any reasonable divisions of homogeneous groups of property that the commissioner determines are necessary to examine digests for uni formity and equalization.
(8) 'Commission' means the Ad Valorem Assessment Review Commission Reserved."
Section 2. Said article is further amended by striking subsection (b) of Code Sec tion 48-5-342, relating to examination of digests by the state revenue commissioner, and inserting in its place a new subsection (b) to read as follows:
"(b) For any digest for the preceding year which was disapproved conditionally approved by the commissioner, the commissioner shall also carefully examine the digest to determine if it satisfactorily corrects the deficiencies that resulted in the digest for the preceding year being disapproved conditionally approved."
Section 3. Said article is further amended by striking Code Section 48-5-344, relat ing to disapproval of digests, and inserting in its place a new Code Section 48-5-344 to read as follows:
"48-5-344. (a) If the commissioner determines that in any one or more of the coun ties the taxable values of property are not reasonably uniform and equalized in accord ance with the requirements of subsection (a) of Code Section 48-5-343, he shall disapprove conditionally approve or disapprove the digest and notify the county board of tax assessors in writing of his action,
(b) The written notification shall contain: (1) A list of specific reasons that resulted in the digest being disapproved condi
tionally approved or disapproved; (2) A list of the statistical methods used by the commissioner when examining the
digest; (3) A list of adjustments that, if used by the board of tax assessors, would correct
the deficiencies that resulted in the digest being disapproved conditionally approved or disapproved; and
1102
JOURNAL OF THE HOUSE,
(4) Any other information the commissioner believes would be of assistance to the county board of tax assessors in making the digest reasonably uniform and equalized."
Section 4. Said article is further amended by striking Code Section 48-5-345, relat ing to the interim use of a disapproved digest, and inserting in its place a new Code Sec tion 48-5-345 to read as follows:
"48-5-345. (a) Except as otherwise provided in subsection (b) of this Code section, A a digest disapproved conditionally approved by the commissioner in any year may be used in that year by the governing authorities of the county for the collection of taxes,
(b) (1) In the year following the year in which the digest was disapproved condi tionally approved, the county shall submit a new digest to the commissioner which satisfactorily corrects the deficiencies that resulted in the digest for the preceding year being disapproved conditionally approved. If the new digest fails to correct these defi ciencies, collections may not be made or enforced on the new digest unless additional time to correct the deficiencies has been granted by. the hearing officer under Code Section 48-5-349.2.
(2) Nothing in this subsection shall be construed to prevent the superior court from allowing the new digest to be used as the basis for the temporary collection of taxes under Code Section 48-S-310."
Section 5. Said article is further amended by striking Code Section 48-5-346, relat ing to disapproval of subsequent digests, and inserting in its place a new Code Section 48-5-346 to read as follows:
"48-5-346. (a) (1) If a county tax digest for the preceding year was disapproved conditionally approved and the commissioner disapproves the subsequent digest for the same or substantially the same reasons, the commissioner shall order the with holding from the county of the state grants specified in this paragraph, except that the commissioner shall not so order withholding of funds as a result of the disapproval of a county tax digest for a year prior to 1991. The Fiscal Division of the Department of Administrative Services and any other state agency or officer shall upon such order's taking effect permanently withhold from the county any funds otherwise becoming payable during the withholding period specified in paragraph (2) of this subsection to the county under:
(A) The road mileage grant program specified in Article 1 of Chapter 17 of Title 36;
(B) The county appraisal staff grant program specified in Code Section 48-5-267; and
(C) The public road grant program specified in Code Section 48-14-3. (2) The withholding of the grants and moneys shall begin not later than five days after all appeals have been exhausted, or the time for appeal has expired, and shall continue until such time as the digest is satisfactorily corrected as to the deficiencies identified by the commissioner that resulted in the digest being initially disapproved conditionally approved. (b) The commissioner shall determine and publish annually a list of all available state grants which will be withheld in accordance with this Code section. (c) If the digest for the preceding year was disapproved conditionally approved and the commissioner disapproves conditionally approves the subsequent digest for different reasons, the county shall be given one year to correct the deficiencies that resulted in the subsequent digest being disapproved conditionally approved, as provided in Code Section 48-5-345."
Section 6. Said article is further amended by striking Code Section 48-5-347, relat ing to the Ad Valorem Assessment Review Commission, which reads as follows:
"48-5-347. (a) There is created the Ad Valorem Assessment Review Commission composed of a pool of five members from each congressional district in the state who shall be appointed by the Governor, subject to confirmation by the Senate.
(b) The Governor in making his initial appointments shall appoint ten members, one from each congressional district, for a term of office of one year; ten members, one from
THURSDAY, FEBRUARY 21, 1991
1103
each congressional district, for a term of two years; ten members, one from each congres sional district, for a term of three years; ten members, one from each congressional dis trict, for a term of four years; and ten members, one for each congressional district, for a term of five years. Thereafter, all appointments of successors to the initial members of the commission shall be for terms of office of five years and until the appointment and qualification of their successors.
(c) Vacancies on the commission shall be filled in the same manner as the original appointment and shall be for the unexpired term.
(d) For each day of service as a member of the commission, a member shall receive the expenses and allowances authorized by law for members of the General Assembly.", and inserting in its place the following:
"48-5-347. Reserved."
Section 7. Said article is further amended by striking Code Section 48-5-348, relat ing to appeals from disapprovals, and inserting in its place a new Code Section 48-5-348 to read as follows:
"48-5-348. (a) The commission commissioner, through a appeals beard a hearing officer, shall hear and determine appeals by local governing authorities on issues relating to the conditional approval or disapproval of the digest by the commissioner including, but not limited to, the issue of the adequacy of the time period allowed to correct the deficiencies that resulted in the digest being conditionally approved or disapproved.
(b) {1} Each appeals beard The hearing officer may compel the attendance of wit nesses and the production of books and records or other documents from the county board of tax assessors. The beard hearing officer may also compel the production of appropriate records from the commissioner.
{3)--Ne request for information authorized i paragraph {1} ef this subsection sfeaH be enforceable unless a majority ef- the appeals beard approves saeh action. (c) With respect to any digest conditional approval disapproval by the commissioner which will not result in the withholding of state funds, the county governing authority shall be authorized to appeal only on the issue of the correctness of the commissioner's determination that the digest does not meet the requirements of subsection (a) of Code Section 48-5-343. With respect to any digest disapproval by the commissioner which will result in the withholding of state funds or the penalty specified in subparagraph (d)(3)(A) of Code Section 48-5-349.2, the county governing authority shall be authorized to appeal on the issues of:
(1) The correctness of the commissioner's determination that the digest does not meet the requirements of Code Section 48-5-343; and
(2) The adequacy of the time period which was available to the county to correct prior deficiencies in the digest, including any issue of the adequacy of the time period allowed under Code Section 48-5-345 and any extension of time granted pursuant to any prior appeal."
Section 8. Said article is further amended by striking Code Section 48-5-349, relat ing to the composition of the Ad Valorem Assessment Review Commission, which reads as follows:
"48-5-349. (a) Within each congressional district, the members of the Ad Valorem Assessment Review Commission shall be appointed on the basis of the following qualifi cations:
(1) One member shall be an attorney licensed to practice law in the state; (2) One member shall be an appraiser certified by the Society of Real Estate Appraisers, the National Society of Real Estate Appraisers, the National Association of Real Estate Appraisers, or the American Institute of Real Estate Appraisers; (3) One member shall be licensed by the Georgia Real Estate Commission to sell real estate in the state; and (4) Two members shall be sufficiently knowledgeable to make judgments concern ing the fair market valuation of all classes of property within the congressional dis trict.
1104
JOURNAL OF THE HOUSE,
(b) Tax collectors, tax commissioners, tax receivers, members of county boards of equalization, members of county boards of tax assessors, and their employees are prohib ited from serving on the commission.", and inserting in its place the following:
"48-5-349. Reserved."
Section 9. Said article is further amended by striking Code Section 48-5-349.1, relating to the chairman of the Ad Valorem Assessment Review Commission, which reads as follows:
"48-5-349.1. (a) The Ad Valorem Assessment Review Commission shall have a chairman appointed by the Governor, who shall be responsible for the overall adminis tration of the commission. The chairman is authorized to employ necessary staff includ ing, but not limited to, a chief administrative officer for the purpose of establishing and maintaining an organized and efficient appeal procedure.
(b) The chairman of the commission shall appoint the appeals boards and shall appoint a chairman for each appeals board.
(c) For each appeal, an appeals board shall be appointed. No two members of the appeals board shall be from the same congressional district except that two members shall be from the congressional district encompassing the county making the appeal. Except as provided in this subsection, appointments to the appeals board shall be made without prejudice to any commission member or to the residency of any commission member. Each appeals board shall reflect, as closely as possible, the composition of com mission members from each congressional district. A new appeals board shall be appointed for each appeal. For purposes of this Code section, each county shall be deemed to lie in the congressional district in which the greatest percentage of its popula tion is located.
(d) The commission is assigned to the department for administrative purposes only.", and inserting in its place the following:
"48-5-349.1. Reserved."
Section 10. Said article is further amended by striking Code Section 48-5-349.2, relating to appeal procedures, and inserting in its place a new Code Section 48-5-349.2 to read as follows:
"48-5-349.2. (a) An appeal to the Ad Valorem Assessment Review Commission department shall be effected by a local governing authority by filing with the commissieu commissioner a notice of appeal within 30 days after receipt by the local board of tax assessors of the commissioner's notification of digest conditional approval or disap proval. The notice of appeal shall be accompanied by whatever records, reports, or other relevant information is required by rule or order of the commission commissioner. A copy of the notice shall be furnished to the commissioner.
(b) Within ten days of receipt of a notice of appeal, the chairman ef the commission hearing officer shall set the date for a hearing on the appeal. T-he initial hearing shall be hekl the county making the appeal. At the initial hearing the appeals beb hear ing officer by vote el a majority ef its members, may require additional hearings or fil ings of additional information by any person having custody of such information. In determining whether additional hearings are needed, the appeals beard hearing officer shall consider the need for such hearings in the county making the appeal for the pur pose of receiving information on local factors affecting the determination of property valuations in the county.
(c) (1) After hearing all testimony determined necessary by th appeals beard and after reviewing all filings and information determined to be relevant and necessary, the appeals beafd hearing officer shall reach its a decision. Each decision shall be ren-
in writing find sii&ll oc signed 'Dy s infljority 01 tiic m&mo&ps &t trie
(2) The decision shall: (A) Specifically decide each issue presented on appeal; and (B) Certify the date on which the notice of the decision is given.
THURSDAY, FEBRUARY 21, 1991
1105
(3) Each party to an appeal shall be furnished a copy of the decision ef the appeals beard within ten days after the issuance of the decision, (d) (1) The appeals beard hearing officer shall be authorized to grant an appeal with respect to a determination by the commissioner that a digest does not meet the requirements of subsection (a) of Code Section 48-5-343. The digest shall be deemed approved in any case where an appeal is granted under this paragraph.
(2) The appeals beard hearing officer shall be authorized to grant an appeal with respect to the adequacy of the time period which was available to the county to cor rect prior deficiencies in the digest. If an appeal is granted under this paragraph, the digest shall be a disapproved conditionally approved digest for purposes of subsequent years, but collections based upon the conditionally approved digest will be permitted for the digest year in question, and no state funds shall be withheld as a result of the disapproval conditional approval until a new digest is required to be submitted. (3) (A) If a county tax digest for the preceding year was conditionally approved and the commissioner disapproves the subsequent digest for the same or substantially the same reasons, there shall be assessed against the county governing authority an amount equal to the difference between the amount the state's levy of one-quarter of a mill would have produced if the deficiencies in the digest had been corrected to 40 percent of fair market value and the amount of the digest that is actually used for collection purposes will produce. The commissioner shall notify the county governing authority of the amount so assessed and this amount shall be due and payable not later than five days after all appeals have been exhausted or the time for appeal has expired or December 20, whichever comes later, and shall bear interest at the rate specified in Code Section 48-2-40 from the due date.
(B) The hearing officer shall be authorized to grant an appeal with respect to a determination of an additional amount due which is assessed by the commissioner pursuant to subsection (d) of Code Section 48-5-345. If an appeal is granted under this subparagraph, the commissioner may be directed to withdraw the assessment or recalculate it in accordance with the findings of the hearing officer."
Section 11. Said article is further amended by striking Code Section 48-5-349.3, relating to appeals to the superior court, and inserting in its place a new Code Section 48-5-349.3 to read as follows:
"48-5-349.3. The commissioner or the county governing authority dissatisfied with the decision of tat appeals beard ef the Ad Valorem Assessment Review Commission the hearing officer on any question of law may appeal to the superior court of the county dissatisfied with the decision. Any appeal to the superior court shall be taken, so far as is applicable, in the manner provided by law for appeals to the superior court from deci sions of the commissioner."
Section 12. Said article is further amended by striking Code Section 48-5-349.4, relating to compliance, and inserting in its place a new Code Section 48-5-349.4 to read as follows:
"48-5-349.4. Compliance by any local governing authority with the findings and deci sion of a appeals beard ef fee Ad Valorem Assessment Review Commission the hearing officer, or of the court of final review, with respect to any matter concerning the local tax digest shall be considered satisfactory correction of the deficiency involved for the purposes of Code Sections 48-5-345 and 48-5-346."
Section 13. This Act shall become effective upon 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.
The following amendment was read and adopted:
Representatives Dover of the llth and Harris of the 84th move to amend the Commit tee substitute to HB 412 by striking from line 8 of page 12 the following:
1106
JOURNAL OF THE HOUSE,
"approved", and inserting in its place the following:
"conditionally approved".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken YAlford Y Atkins
Baker
Y Balkcom Y Barfoot
Bargeron Barnett.B Y Barnett.M Y Bates N Beatty Y Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown N Brush YBuck N Buckner YByrd Y Campbell
Canty Y Carrell N Carter Y Chafm Y Chambless Y Cheeks N Childers Y Clark,E Y Clark,H
N Clark.L Y Coker
Coleman Colwell Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G N Davis,M Y Dixon,H Y Dixon,S NDobbs Y Dover Y Dunn Edwards Y Elliott Y Felton Y Fennel Floyd,J.M Y FloydJ.W YFlynt YGodbee Golden Y Goodwin Y Green Y Greene N Griffin Groover Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R
Langford Y Lawrence Y Lawson YLee YLong YLord
Lucas N Lupton NMann
Y Martin Y McCoy N McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock Y Padgett YParham Y Parrish
Patten Pelote N Perry Y Pettit N Pinholster Pinkston NPoag Y Porter Y Poston Y Powell.A
N Powell,C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal
Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor YTeper
Thomas.C Y Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert N Townsend
Turnquest
N Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall YWare
Watson Y Watts
White Y Wilder Y Williams.B
Williams.J
Y William8,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 130, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Representative Brush of the 83rd stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Pelote of the 127th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on Rules:
THURSDAY, FEBRUARY 21, 1991
1107
SB 174. By Senators Deal of the 49th, Garner of the 30th, Baldwin of the 29th and others:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to general provisions pertaining to the General Assembly, so as to change provisions relating to the method of proof of advertisement of local bills; to provide for related matters; to provide for an effective date and for applicability.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 438. By Representative Reaves of the 147th:
A bill to amend Article 1 of Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers, so as to provide that a per son who purchases leased livestock from or a commission merchant who sells leased livestock for the lessee of such livestock shall not be liable to the owner or lessor of such livestock unless, prior to the purchase or sale, the purchaser or commission merchant has received written notice of the owner's or lessor's ownership interest in such livestock.
The following Committee substitute was read and adopted:
A BILL
To amend Article 1 of Chapter 6 of Title 4 of the Official Code of Georgia Annotated, relating to livestock dealers, so as to provide that a person who purchases leased livestock from or a commission merchant who sells leased livestock for the lessee of such livestock shall not be liable to the owner or lessor of such livestock unless, prior to the purchase or sale, the purchaser or commission merchant has received notice of the owner's or lessor's ownership interest in such livestock by either written notice or by an identification mark or brand on such livestock; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 6 of Title 4 of the Official Code of Georgia Anno tated, relating to livestock dealers, is amended by adding a new Code Section 4-6-11 at the end thereof to read as follows:
"4-6-11. A person who purchases leased livestock from or a commission merchant who sells leased livestock for the lessee of such livestock shall not be liable to the owner or lessor of such livestock unless, prior to the purchase or sale, the purchaser or commis sion merchant has received notice of the owner's or lessor's ownership interest in such livestock by either written notice or by an identification mark or brand on such live stock."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins
Baker
Y Balkcom Y Barfoot Y Bargeron
Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong
1108
JOURNAL OF THE HOUSE,
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker
Coleman Y Colwell
Connell Y Culbreth Y Cummings.B Y Cummings.M Y Davis.G Y Davis,M Y Dixon.H
Y Dixon.S
Dobbs Y Dover
Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden YGoodwin
Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Y Irwin Y Jackson Y Jamieson
Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee
YLong YLord
Lucas Y Lupton YMann
Martin
YMcCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Oliver.C
Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell YRandall YRay
Y Reaves Redding
Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T Y Smith,W
Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend Turnquest
Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 153, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 417. By Representatives Clark of the 20th (Post 3) and Ladd of the 44th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of incapacitated adults, so as to provide for the establishment of guardianships of limited or permanent duration as part of the proceedings for the appointment of emergency guardians and the condi tions and procedures relating thereto.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty
Benefleld Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Carrell Y Carter Y Chafin Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M
Y Davis.G Y Davis,M
Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
Floyd.J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin
Green Y Greene Y Griffin
Y Groover
Y Hamilton Y Hammond
Hanner Y Harris,B Y Harris.J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R
Y Langford Y Lawrence Y Lawson
Lee YLong
THURSDAY, FEBRUARY 21, 1991
1109
YLord Y Lucas Y Lupton YMann Y Martin
YMcCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller
Oliver.C Y Oliver.M YOrr
Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter
Y Poston
Y Powell,A Y Powell.C Y Purcell Y Randall
YRay N Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Y Skipper Y Smith,L Y Smith.P
Y Smith.T
Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus
Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker.J
Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder
Y Williams.B Y Williams,J Y Williams.R
Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 159, nays 1. The Bill, having received the requisite constitutional majority, was passed.
Representative Reaves of the 147th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 261. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the hold ing of the 1996 Olympic Games in the City of Atlanta and the State of Geor gia.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the holding of the 1996 Olympic Games in the City of Atlanta and the State of Georgia; to authorize the Fiscal Affairs Subcommittees of the House of Representatives and the Senate to negotiate and execute licensing agree ments or other agreements for this purpose; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles in general, is amended by adding at the end thereof a new Code Section 40-2-46 to read as follows:
"40-2-46. (a) The City of Atlanta and the State of Georgia having been selected by the International Olympic Committee to host the 1996 Olympic Games, there shall be issued beginning in 1992 special license plates to commemorate the holding of the 1996 Olympic Games.
(b) The commissioner shall prepare special distinctive license plates of a design appropriate to commemorate the 1996 Olympic Games. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section.
(c) In calendar years 1991 through 1996, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of not more
1110
JOURNAL OF THE HOUSE,
than $50.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. Notwithstanding any contrary provisions of Code Section 40-2-31, such special license plates may be used until December 31, 1996, and until such date as the owner is required to reregister the vehicle in 1997; and revalidation decals shall, upon payment of an annual renewal fee of not more than $25.00 in addition to all other fees required by law, be issued for such special license plates in calendar years 1992 through 1996, as provided in subsection (d) of Code Section 40-2-31. In calendar years 1992 through 1996 such special license plates may be transferred between vehicles as provided in Code Section 40-2-80.
(d) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licens ing agreement or otherwise, received such licenses or other permissions as may be required for the use of the Olympic logo on license plates or as may otherwise be neces sary or appropriate to implement this Code section. The Fiscal Affairs Subcommittees of the House of Representatives and the Senate are authorized, on behalf of the state, to negotiate and execute any such licensing agreement or other agreement necessary or appropriate to the implementation of this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom YBarfoot Y Bargeron Y Bamett,B Y Barnett,M Y Bates Y Beatty
Benefield Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin
Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis,G Y Davis.M Y Dixon.H Y Dixon.S YDobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin
Green Y.Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing
Y Kingston Y Klein
YLadd Y Lane,D
Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y SmithJL
Y Smith,? Y Smith.T Y Smith,W
Smyre YSnow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper
Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall Y Ware Y Watson Y Watts
White
Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 162, nays 0.
THURSDAY, FEBRUARY 21, 1991
1111
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 420. By Representative Hammond of the 20th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authoriza tion with certain conditions for certain counties and municipalities to levy such tax.
The following Committee substitute was read and withdrawn:
A BILL
To amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-13-51 of the Official Code of Georgia Annotated, relat ing to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) and inserting in their place new paragraphs (1) and (2) to read as follows:
"(1) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accom modations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business. Except as provided in paragraphs (3), (4), and (5), and (6.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this sub section shall in each fiscal year beginning on or after July 1, 1987, expend for the pur pose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax col lections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one
1112
JOURNAL OF THE HOUSE,
or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (4), and (5)2 and (5.1) of this subsection; and in such case the expendi ture requirements of paragraph (3) or (4) or (5) or (5.1) of this subsection shall apply instead."
Section 2. Said Code section is further amended by adding a new paragraph imme diately following paragraph (5) of subsection (a), to be designated paragraph (5.1), to read as follows:
"(5.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which authority is in existence on or before January 1, 1991, may levy a tax under this Code section at a rate of 8 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (5.1)) an amount equal to at least 62 '/2 percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coliseum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein, and which authority is in existence on or before January 1, 1991; or (C) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purpose (B) may be so expended in any otherwise lawful manner without the necessity of a contract. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent."
Section 3. Said Code section is further amended by striking paragraph (6) of sub section (a) and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one para graph of this subsection. Following the termination of a tax under paragraph (5) or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to para graph (5) or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (5) or (5.1) of this subsection."
Section 4. Said Code section is further amended by striking paragraphs (9) and (10) of subsection (a) and inserting in their place new paragraphs (9) and (10) to read as fol lows:
"(9) (A) A county or municipality imposing a tax under paragraph (1), (2), (3), (4), er (5)j or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to con tract to meet the expenditure requirements of this Code section a budget for expendi tures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (4), or (5)z or (5.1) of this subsec tion shall be made for each fiscal year beginning on or after July 1, 1987, as of the
THURSDAY, FEBRUARY 21, 1991
1113
end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (A) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (4), e* (5)j or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (B) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (4), ef (5)2 or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes col lected under this Code section for the purposes described in paragraph (2), (3), (4), or (5)2 or (5.1) of this subsection."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Hammond of the 20th, was read and adopted:
A BILL
To amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to provide authorization with certain conditions for certain counties and municipalities to levy such tax; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-13-51 of the Official Code of Georgia Annotated, relat ing to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) and inserting in their place new paragraphs (1) and (2) to read as follows:
"(1) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accom modations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten consecutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business. Except as provided in paragraphs (3), (4), and (5)2 and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.
1114
JOURNAL OF THE HOUSE,
(2) A county or municipality levying a tax as provided in paragraph (1) of this sub section shall in each fiscal year beginning on or after July 1, 1987, expend for the pur pose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax col lections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (4), aatl (5)l and (5.1) of this subsection; and in such case the expendi ture requirements of paragraph (3) or (4) or (5) or (5.1) of this subsection shall apply instead."
Section 2. Said Code section is further amended by adding a new paragraph imme diately following paragraph (5) of subsection (a), to be designated paragraph (5.1), to read as follows:
"(5.1) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which authority is in existence on or before January 1, 1991, may levy a tax under this Code section at a rate of 8 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (5.1)) an amount equal to at least 62 1A percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding and supporting a coliseum and exhibit hall facility owned or operated for convention and trade show purposes or any other similar or related purposes by a coli seum and exhibit hall authority created by local Act of the General Assembly for a county and one or more municipalities therein, and which authority is in existence on or before January 1, 1991; or (C) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coli seum and exhibit hall authority, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purpose (B) may be so expended in any otherwise lawful manner without the necessity of a contract. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent. Any tax levied pursuant to this para graph (5.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1993, issued to fund a coliseum and exhibit hall facility as contemplated by this paragraph (5.1), and secured in whole or in part by a pledge of a tax authorized under this Code section, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (5.1) shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a coliseum and exhibit hall authority, shall constitute a contract with the holder of such obligations. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: 'fund' and 'funding' shall include the cost and expense of all things deemed necessary by a coliseum and exhibit hall authority for the construction and operation of a coliseum and exhibit hall facility including but not limited to the
THURSDAY, FEBRUARY 21, 1991
1115
study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by an authority in connection therewith; 'obligation' shall include bonds, notes, or any instru ment creating an obligation to pay or reserve moneys incurred prior to January 1, 1993, and having an initial term of not more than 30 years; and 'coliseum and exhibit hall facility' shall mean a coliseum and exhibit hall facility and any associated parking areas or improvements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes by a coliseum and exhibit hall authority."
Section 3. Said Code section is further amended by striking paragraph (6) of sub section (a) and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one para graph of this subsection. Following the termination of a tax under paragraph (5) or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to para graph (5) or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (5) or (5.1) of this subsection."
Section 4. Said Code section is further amended by striking paragraphs (9) and (10) of subsection (a) and inserting in their place new paragraphs (9) and (10) to read as fol lows:
"(9) (A) A county or municipality imposing a tax under paragraph (1), (2), (3), (4), er (5)^ or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to con tract to meet the expenditure requirements of this Code section a budget for expendi tures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan.
(B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (4), er (5)2 or (5.1) of this subsec tion shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (A) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (4), er (5)j or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (B) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3), (4), <w (5)2 or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes col lected under this Code section for the purposes described in paragraph (2), (3), (4), er (5)j or (5.1) of this subsection."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
1116
JOURNAL OF THE HOUSE,
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom
Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark.L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G N Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Green Y Greene
Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes
Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R
Langford N Lawrence
Y Lawson YLee YLong YLord Y Lucas N Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A Y Powell.C Y Purcell Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Smith.T
Y Smith, W
Y Smyre Y Snow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor Y Teper
Thomas.C Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L Y Wall Y Ware Y Watson Y Watts White Y Wilder Y Williams.B Y Williams,J Y Williams,R Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 155, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
The Speaker assumed the Chair.
HB 298. By Representatives Watson of the 114th, Watts of the 41st, Henson of the 57th and Williams of the 48th:
A bill to amend Code Section 17-4-20 of the Official Code of Georgia Anno tated, relating to authorization of arrests with and without warrants gener ally, so as to require a law enforcement officer to make an arrest in situations where the officer has probable cause to believe that an act of family violence which constitutes a felony, the offense of battery, or the offense of false imprisonment has been committed or that a person has violated the provi sions of a protective order for which a criminal penalty is provided.
The following Committee substitute was read:
A BILL
To amend Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally, so as to require a law enforcement officer to make an arrest in situations where the officer has probable cause to believe that an act of family violence which constitutes a felony, the offense of battery,
THURSDAY, FEBRUARY 21, 1991
1117
or the offense of false imprisonment has been committed or that a person has violated the provisions of a protective order for which a criminal penalty is provided; to authorize a law enforcement officer to make an arrest in situations where the officer has probable cause to believe that an act of family violence which constitutes the offense of assault, criminal damage to property, or criminal trespass has been committed; to provide that in certain cases of arrest for an act of family violence or for violation of a protective order, no warrant shall be required and the committing judicial authority shall not dismiss the case without first notifying the arresting officer; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence and the granting of relief therefrom by superior courts, so as to change the provisions relating to enforce ment of protective orders in certain cases; to provide for notification of the superior court judge who issued the protective order in certain cases where such an order is violated; to provide for state-wide validity of protective orders; to provide for law enforcement officers' training, duties, and powers with respect to family violence calls; to provide for reports and records of family violence incidents; to provide law enforcement officers' immunity from liability for certain actions taken in incidents of family violence; to provide a separa bility clause; to change the provisions relating to the crime of violating a domestic violence order; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 17-4-20 of the Official Code of Georgia Annotated, relating to authorization of arrests with and without warrants generally, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) (A) An arrest for a crime shall be made by a law enforcement officer either under a warrant or without a warrant if the officer has probable cause to believe that the commission of a felony, the offense of battery, or the offense of false imprisonment has occurred within the past 72 hours between past or present spouses, parents and children, stepparents and stepchildren, foster parents and fos ter children, or other persons living in the same household. (B) An arrest for a crime shall be made by a law enforcement officer either under a warrant or without a warrant if the officer has probable cause to believe that a person has within the past 72 hours unlawfully violated the provisions of a protective order issued pursuant to Code Section 19-13-4 and for which a criminal penalty is provided pursuant to subsection (b) of Code Section 19-13-6. (C) An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in his presence or within his immediate knowledge; if the offender is endeavoring to escape; if the officer has probable cause to believe that an act of family violence, as defined in Code Section 19-13-1, has been committed; or for other cause if there is likely to be failure of justice for want of a judicial officer to issue a warrant. (2) In cases of arrest without a warrant where the law enforcement officer has
probable cause to believe that an act of family violence has occurred as provided in subparagraphs (A) and (C) of paragraph (1) of this subsection or that a person has unlawfully violated the provisions of a protective order as provided in subparagraph (B) of paragraph (1) of this subsection, no warrant shall be required."
Section 2. Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Anno tated, relating to family violence and the granting of relief therefrom by superior courts, is amended by striking in its entirety Code Section 19-13-4, relating to the granting of pro tective orders and approval of consent agreements, and inserting in lieu thereof a new Code Section 19-13-4 to read as follows:
"19-13-4. (a) The court may, upon the filing of a verified petition, grant any protec tive order or approve any consent agreement to bring about a cessation of acts of family violence. The orders or agreements may:
(1) Direct a party to refrain from such acts; (2) Grant to a spouse possession of the residence or household of the parties and exclude the other spouse from the residence or household;
1118
JOURNAL OF THE HOUSE,
(3) Require a party to provide suitable alternate housing for a spouse 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 assist
ance 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 to refrain from harassing or interfering with the other; (10) Award costs and attorney's fees to either party; and (11) Order either or all parties to receive appropriate psychiatric or psychological
services as a further measure to prevent the recurrence of family violence. (b) A certified copy of the order shall be issued by the clerk of the superior court to the petitioner and to the sheriff of the county wherein the order was entered and shall be retained by the sheriff as long as that order shall remain in effect. (c) Any such orders granted under this Code section shall not remain in effect for more than six months. (d) The eeart issuing any protective order may efder the sheriff, any deputy sheriff, or any other state, county, or municipal law enforcement officer or official te shall enforce or carry out such order. Upon a petitioner presenting a law enforcement officer with a certified copy of a valid order issued under this Code section or upon the law enforcement officer determining that such an order exists through communications with appropriate authorities, a law enforcement officer shall be required to arrest a person who has within the past 72 hours unlawfully violated the provisions of a protective order issued pursuant to Code Section 19-13-4 and for which a criminal penalty is provided pursuant to subsection (b) of Code Section 19-13-6. In any such case of arrest, no war rant shall be required. (e) In any case where a person has been arrested for the violation of a protective order as provided in subsection (d) of this Code section, the law enforcement officer making the arrest or the court of inquiry before which the person is brought pursuant to Chapter 6 of Title 17 shall notify the judge of the superior court who issued the pro tective order: provided, however, that a person charged with a misdemeanor shall not be refused bail. (f) All orders issued pursuant to the provisions of this Code section shall have state wide validity, unless specifically modified or terminated by a judge of the superior court."
Section 3. Said article is further amended by adding between Code Sections 19-13-4 and 19-13-5 new Code Sections 19-13-4.1 and 19-13-4.2 to read as follows:
"19-13-4.1. (a) All training relating to the handling of family violence complaints by law enforcement officers shall stress enforcement of criminal laws in domestic situations, availability of community resources, and protection of the victim.
(b) The primary duty of law enforcement officers, when responding to a family vio lence call, is to enforce the laws allegedly violated and to protect the complaining party.
(c) (1) When a law enforcement officers responds to a family violence call and has reasonable cause to believe that a crime has been committed, the law enforcement officer shall exercise arrest powers as provided in Code Section 17-4-20. In all cases where the officer does not immediately exercise arrest powers or initiate criminal pro ceedings by citation or otherwise, the officer shall notify the victim of his or her right to initiate a criminal proceeding and of the importance of preserving evidence.
(2) A law enforcement officer responding to a family violence call shall prepare a complete offense report, including an officer's disposition of the case. (d) The law enforcement officer may offer, arrange, or facilitate transportation for the victim to a hospital for treatment of injuries or to a place of safety or shelter.
THURSDAY, FEBRUARY 21, 1991
1119
(e) If there is reasonable cause to believe that an offense has been committed, the law enforcement agency shall forward the offense report to the appropriate prosecutor within ten days of making the report, unless the case is under active investigation.
(f) Each law enforcement agency shall make as soon as practicable a written report and shall maintain records of all incidents of family violence reported to it.
(g) Records kept pursuant to subsections (c) and (f) of this Code section shall be made identifiable by means of a law enforcement agency code for family violence.
19-13-4.2. A law enforcement officer may not be held liable in any civil action brought by a party to an incident of family violence for making an arrest based on prob able cause, for enforcing in good faith an order of the court, or for acting or omitting to act in any other way in good faith under this article in situations arising from an alleged incident of family violence."
Section 4. Said article is further amended by striking in its entirety subsection (b) of Code Section 19-13-6, relating to penalties under said article, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Any person who violates the provisions of a domestic violence order which excludes, evicts, or excludes and evicts that person from a residence or household or which orders a party to refrain from harassing or interfering with the other shall be guilty of a misdemeanor."
Section 5. Said article is further amended by adding at the end thereof a new Code Section 19-13-7 to read as follows:
"19-13-7. If any provision of this article or its application to any person or circum stance is held invalid, the remainder of the article or the application of the provision to other persons or circumstances is not affected."
Section 6. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Bostick of the 138th moves to amend the Committee substitute to HB 298 as follows:
By adding a comma after the word petitioner and adding the word defendant on line 32 page 4.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 112, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
The Speaker Pro Tern assumed the Chair.
HB 683. By Representative Thomas of the 69th:
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 remove language concerning the consent of the court; to provide for the inspection of com plaints, orders, petitions, and incident reports regarding delinquency cases; to provide that the presiding judge may permit inspection of offical records; to provide for the fingerprinting of children; to provide for photograph files.
1120
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 683 by striking on lines 11 through 13 of page 2 the following:
"enforcement officers ef ethef jurisdictions whea necessary fe* the discharge ef theif official duties;",
and inserting in lieu thereof the following:
"enforcement officers ef ether jurisdictions when necessary for the discharge of their official duties;".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 113, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 468. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to pro hibit the display on the rear of any vehicle of any permanent or temporary license plate which resembles an official license plate issued by the State of Georgia.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 350. By Representatives Hightower of the 36th and McKinney of the 40th:
A resolution recognizing and congratulating the citizens of the City of Hapeville upon the observance of their Centennial Celebration; inviting Hon orable Roy Gibson, mayor of the City of Hapeville, to appear before the House of Representatives.
HR 351. By Representative Hightower of the 36th:
A resolution recognizing and congratulating the citizens of the City of College Park upon the observance of their Centennial Celebration; inviting Honor able T. Owen Smith, mayor of the City of College Park, to appear before the House of Representatives.
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
THURSDAY, FEBRUARY 21, 1991
1121
HR 334. By Representatives Williams of the 48th, Connell of the 87th, Tolbert of the 58th, Murphy of the 18th, Heard of the 43rd and others:
A resolution commending the Atlanta Red Cross and inviting a representa tive to appear before the House of Representatives.
By unanimous consent, the following Resolution of the House was taken from the General Calendar and read the third time:
HR 343. By Representatives Connell of the 87th, Watson of the 114th, Smyre of the 92nd and Watts of the 41st: A resolution amending the Rules of the House of Representatives.
The following Committee substitute was read and adopted:
A RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives are amended by striking Rule 14 and inserting in its place a new Rule 14 to read as follows:
"Rule 14. Applause, hisses, or other noises in the House chamber, in the gallery, or in the lobbies during any speech or legislative proceeding shall be promptly suppressed. Placards, displays, banners, and signs are prohibited and shall be removed promptly.
The possession or use of video cameras, movie cameras, and similar devices in the gal lery or in the lobbies during any speech or legislative proceeding is prohibited unless expressly authorized by the Speaker.
The Speaker shall have the power to cause the galleries and lobbies of the House to be cleared by the messenger, sergeant-at-arms, or doorkeepers in case of disturbance or disorderly conduct therein. The Speaker shall have the power to cause any person so offending to be arrested and brought before the bar of the House in order to be dealt with for contempt of the House."
The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.
On the adoption of the Resolution, by substitute, the ayes were 101, nays 6.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
Representative King of the 72nd arose to a point of personal privilege and addressed the House.
The Speaker assumed the Chair.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House and Senate were taken up for consideration and read the third time:
HB 465. By Representatives Breedlove of the 60th, Jackson of the 9th, Lawson of the 9th, Beatty of the 12th and Wall of the 61st:
A bill to amend Code Section 13-10-1 of the Official Code of Georgia Anno tated, relating to bonds or other security required for public works contracts, so as to provide for the forfeiture of a bid bond, proposal guaranty, or other security in certain cases involving bids by affiliated corporations.
1122
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 3.
The Bill, having received the requisite constitutional majority, was passed.
SR 56. By Senators Hill of the 4th and Phillips of the 9th:
A resolution inviting Honorable George Bush, President of the United States, to attend the Southeast Georgia Veteran's Day Celebration.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 413. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provisions regarding the filing of monthly and quarterly returns.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 146. By Representative Aiken of the 21st:
A bill to amend Code Section 20-2-795.1 of the Official Code of Georgia Annotated, relating to reports to the Professional Practices Commission of certain offenses committed by school system educators, so as to change the list of reportable offenses.
The following amendment was read and lost:
Representatives McKinney of the 40th and Redding of the 50th move to amend HB 146 as follows:
Add after "16-6-17" on page 2 the following:
"except an unaggravated offense specified in OCGA 16-6-2".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 6.
The Bill, having received the requisite constitutional majority, was passed.
Representative Wall of the 61st stated that he wished to be recorded as voting "nay" on the preceding Bill.
THURSDAY, FEBRUARY 21, 1991
1123
HB 456. By Representatives Dover of the llth, Coleman of the 118th, Walker of the 115th, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of taxable net income for state income tax purposes, so as to provide for an additional adjustment with respect to capi tal gains; to provide for an effective date and applicability.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for state income tax purposes, so as to provide for an additional adjustment with respect to capital gains; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for state income tax purposes, is amended by adding at the end thereof a new subsection, to be designated subsection (e), to read as follows:
"(e) Notwithstanding any other provision of this chapter to the contrary, Georgia tax able net income shall, if the taxpayer so elects, be adjusted in an amount equal to the amount of any full or partial deduction or exclusion from federal adjusted gross income for federal income tax purposes with respect to capital gains."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to taxable years beginning on or after January 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 454. By Representative Twiggs of the 4th:
A bill to amend Code Section 45-9-86 of the Official Code of Georgia Anno tated, relating to applications for indemnification with respect to law enforcement officers, firemen, prison guards, and emergency medical techni cians killed or permanently disabled in the line of duty so as to change the time by which applications must be filed for indemnification with respect to certain law enforcement officers, firemen, or prison guards permanently dis abled in the line of duty.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
1124
JOURNAL OF THE HOUSE,
Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was again taken up:
HR 32. By Representatives Coleman of the 118th, Walker of the 115th, Murphy of the 18th, Lee of the 72nd, Dover of the llth and Parrish of the 109th
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the fiscal year of the state shall commence on the first day of April and terminate on the thirty-first of March following; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section IX, Paragraph II of the Constitution is amended by striking subparagraph (b) and inserting in its place a new subparagraph (b) to read as fol lows:
"(b) The General Assembly shall annually appropriate those state and federal funds necessary to operate all the various departments and agencies. To the extent that federal funds received by the state for any program, project, activity, purpose, or expenditure are changed by federal authority! or exceed the amount or amounts appropriated in the general appropriations Act or supplementary appropriation Act or Acts, or are not antic ipated, such excess, changed, or unanticipated federal funds are hereby continually appropriated for the purposes authorized and directed by the federal government in making the grant. In those instances where the conditions under which the federal funds have been made available do not provide otherwise, federal funds shall first be used to replace state funds that were appropriated to supplant federal funds in the same state fiscal year. The fiscal year of the state shall commence on the first day of July of each year and terminate on the thirtieth of June following; provided, however, that the Gen eral Assembly may by general law provide that the fiscal year of the state shall com mence on the first day of April of each year and terminate on the thirty-first of March following, subject to the requirement that if the fiscal year is so changed by law it may not thereafter again be changed except through amendment of this Constitution."
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 Shall the Constitution be amended so as to authorize the General Assem bly to provide that the fiscal year of the state shall commence on the
( ) NO first day of April and terminate on the thirty-first of March following?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The following substitute, offered by Representative Coleman of the 118th, was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the fiscal year of the state shall commence on the first day of April or such other day as may be fixed by law; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
THURSDAY, FEBRUARY 21, 1991
1125
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article III, Section IX, Paragraph II of the Constitution is amended by striking subparagraph (b) and inserting in its place a new subparagraph (b) to read as fol lows:
"(b) (1) The General Assembly shall annually appropriate those state and federal funds necessary to operate all the various departments and agencies. To the extent that federal funds received by the state for any program, project, activity, purpose, or expenditure are changed by federal authority2 or exceed the amount or amounts appropriated in the general appropriations Act or supplementary appropriation Act or Acts, or are not anticipated, such excess, changed2 or unanticipated federal funds are hereby continually appropriated for the purposes authorized and directed by the fed eral government in making the grant. In those instances where the conditions under which the federal funds have been made available do not provide otherwise, federal funds shall first be used to replace state funds that were appropriated to supplant fed eral funds in the same state fiscal year.
(2) The fiscal year of the state shall commence on the first day of tWy April of 1993 and each year thereafter and terminate e the thirtieth of June following unless otherwise provided by law. The General Assembly may by general law change the fis cal year of the state, subject to the requirement that any law changing the fiscal year may not take effect until at least two years after the effective date of any previous change in the fiscal year."
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 Shall the Constitution be amended so as to authorize the General Assem bly to provide that the fiscal year of the state shall commence on the
( ) NO first day of April or such other day as may be fixed by law?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state and shall become effective on April 1, 1993.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, by substitute.
On the adoption of the Resolution, by substitute, the roll call was ordered, and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates N Beatty Y Benefield YBirdsong Y Blitch Y Bordeaux
Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown N Brush Y Buck
Buckner Y Byrd N Campbell Y Canty Y Carrell Y Carter Y Chafin Y Chambless Y Cheeks Y Childers N Clark,E
N Clark,H
Y Clark,L N Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G N Davis.M Y Diion,H Y Dixon.S Y Dobbn Y Dover Y Dunn Y Edwards Y Elliott
N Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden N Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J N Heard
Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson N Jamieson Y Jenkins Y Jones Y Kilgore Y King N Kingston Y Klein N Ladd Y Lane.D
Y Lane.R
1126
JOURNAL OF THE HOUSE,
Y Langford N Lawrence YLawson YLee
Long YLord Y Lucas Y Lupton NMann
Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam
Y Mills
Y Mobley Y Moody N Morgberger Y Moultrie
Mueller Y Oliver.C Y Oliver,M YOrr Y Orrock
Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit N Pinholster Y Pinkston
YPoag Porter
YPoston Y Powell,A N Powell.C Y Purcell YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith,L
Y Smith,P Y Smith.T N Smith,W Y Smyre YSnow Y Stancil.F N Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Tepet Y Thomas,C Y Thomas,M Y Thomas,N Y Thurmond Y Titus
Y Tolbert
Y Townsend
Y Turnquest Y Twiggs Y Valenti N Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts Y White N Wilder Y Williams,B Y Williams,J N Williams.R
Yeargin Murphy,Spkr
On the adoption of the Resolution, by substitute, the ayes were 147, nays 23.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute.
Representative Mueller of the 126th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay" thereon.
The following Resolutions of the House were read and adopted:
HR 353. By Representatives Heard of the 43rd, Lawrence of the 49th, Felton of the 22nd, Stancil of the 8th, Mueller of the 126th and others:
A resolution commending Honorable Theo Titus III and Camille West Titus on the occasion of their 50th anniversary.
HR 354. By Representative Moody of the 153rd:
A resolution commending and recognizing the members of the National Guard of Baxley, Georgia.
HR 355. By Representative Pinholster of the 8th:
A resolution expressing support for the men and women of Pickens County serving in Operation Desert Storm and their families.
HR 356. By Representatives Pinholster of the 8th and Barnett of the 10th:
A resolution expressing support for the men and women of Cherokee County serving in Operation Desert Storm and their families.
HR 357. By Representative Birdsong of the 104th:
A resolution expressing condolences at the passing of Mrs. Myrtice Ann Lit tle.
HR 358. By Representative McKelvey of the 15th: A resolution commending and recognizing Mrs. Sue Addison Higgins.
HR 359. By Representatives Clark of the 20th (Post 4), Clark of the 20th (Post 3), Klein of the 21st, Wilder of the 21st, Atkins of the 21st and others:
A resolution commending Mrs. Renee Ledford.
THURSDAY, FEBRUARY 21, 1991
1127
HR 360. By Representatives Clark of the 13th, Powell of the 13th and Yeargin of the 14th:
A resolution honoring Mrs. Oneita Burton Langford.
HR 361. By Representatives Buck of the 95th, Stancil of the 66th and Lane of the lllth:
A resolution commending the University System of Georgia Outstanding Scholars on Academic Recognition Day.
HR 362. By Representatives Buck of the 95th, Culbreth of the 97th, Taylor of the 94th, Moultrie of the 93rd, Harris of the 96th and others:
A resolution expressing support for the men and women of Muscogee County serving in Operation Desert Storm.
HR 363. By Representatives Williams of the 90th, Padgett of the 86th, Connell of the 87th, Harris of the 84th, Brush of the 83rd and others:
A resolution expressing sympathy at the passing of Emory Lawson Snellings.
HR 364. By Representatives Clark of the 20th (Post 3), Hamilton of the 124th, Vaughan of the 20th, Hammond of the 20th and Mills of the 20th:
A resolution commending Mr. Doug Dromy.
HR 365. By Representatives Hamilton of the 124th, Byrd of the 153rd and Greene of the 130th:
A resolution commending the State YMCA Youth Assembly and the SilverHaired Legislature and urging them to submit intergenerational recommen dations to the Georgia House of Representatives and Senate.
HR 366. By Representatives Murphy of the 18th, Barfoot of the 120th, Porter of the 119th, Connell of the 87th, Walker of the 115th and others:
A resolution expressing sympathy regarding the passing of Edward Calhoun Moses.
The following Resolution of the House, was read and referred to the Committee on Rules:
HR 367. By Representatives Heard of the 43rd, Lane of the 27th, Selman of the 32nd, McKinney of the 35th, Hightower of the 36th and others:
A resolution endorsing South Fulton Tennis Center as the venue for the 1996 Olympic Tennis competition.
Representative Coleman of the 118th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
1128
JOURNAL OF THE HOUSE,
HB 238 Do Pass HR 104 Do Pass, as Amended
HR 184 Do Pass
Respectfully submitted, /a/ Coleman of the 118th
Chairman
Representative Smyre of the 92nd District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 290 Do Pass
Respectfully submitted, /s/ Smyre of the 92nd
Chairman
Representative Balkcom of the 140th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 707 Do Pass HB 708 Do Pass
Respectfully submitted, /s/ Balkcom of the 140th
Chairman
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills and Res olutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 227 Do Pass HB 605 Do Pass HB 693 Do Pass, by Substitute HB 777 Do Pass, by Substitute HR 185 Do Pass
HR 317 Do Pass HR 332 Do Pass HR 248 Do Pass, by Substitute SB 101 Do Pass, by Substitute SB 202 Do Pass
Respectfully submitted, /s/ Watson of the 114th
Chairman
THURSDAY, FEBRUARY 21, 1991
1129
Representative Patten of the 149th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 652 Do Pass HB 561 Do Pass, by Substitute
HB 709 Do Pass, by Substitute HB 124 Do Pass, by Substitute HB 648 Do Pass
HB 643 Do Pass, by Substitute SB 94 Do Pass, by Substitute
SB 188 Do Pass HR 337 Do Pass HR 348 Do Pass
Respectfully submitted, /s/ Patten of the 149th
Chairman
Representative Dixon of the 151st District, Chairman of the Committee on Regulated Beverages, submitted the following report:
Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 150 Do Pass, by Substitute
Respectfully submitted, /s/ Dixon of the 151st
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 113 Do Pass, by Substitute HB 804 Do Pass SB 169 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Cheeks of the 89th District, Vice-Chairman of the Committee on Transportation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolu tions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
1130
JOURNAL OF THE HOUSE,
HR 286 Do Pass HR 318 Do Pass
HR 346 Do Pass SR 122 Do Pass
Respectfully submitted, /s/ Cheeks of the 89th
Vice-Chairman
Representative Dover of the llth District, Chairman of the Committee on Ways & Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 341 Do Pass, by Substitute
Respectfully submitted, /s/ Dover of the llth
Chairman
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
FRIDAY, FEBRUARY 22, 1991
1131
Representative Hall, Atlanta, Georgia Friday, February 22, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to to their names:
Abernathy Adams Aiken Atkins
Balkcom Barfoot Bargeron Harriett,B Barnett.M Bates Beatty Benefield
Birdsong Blitch Bordeaux Bostick Branch Breedtove Brooks Brown Brush Buck Buckner Byrd Canty Carrell Carter Chafm Chambless Cheeks Childers
Clark.E Clark,H Coker Coleman Colwell Connell Culbreth Cummings,B Davis.M Dixon,H
Dobbs Dover Dunn Edwards Blliott
Felton Fennel Floyd.J.M Floyd,J.W Flynt Golden Goodwin Griffin Hammond Harris.B Harris,J Heard Henson Herbert High tower Holland
Holmes Howard Hudson Irwin
Jackson Jenkins Jones Kilgore King Kingston Klein Ladd
Lane.D Lane.R Langford
Lawrence Lawson Lee Long Lord
Lucas Mann
McCoy McKelvey McKinney,B McKinney.C Meadows Merritt Milam Mills
Mobley
Moody Morsberger Moultrie Mueller Oliver.C Oliver.M Orr Orrock Padgett Parham Parrish Patten Pelote Perry Pettit Poag Poston Powell.A
Powell.C
Purcell
Randall
Ray
Reaves
Ricketson
Royal
Selman
Sherrill
Simpson
Sinkfield
Skipper
Smith.L Smith.P Smith.T Smith.W Snow Stancil.F Stancil.S Stanley Stephens Streat Teper Thomas.C Thomas.M Thomas.N Thurmond Titus Tolbert Turnquest Valenti
Vaughan
Walker.J
Wall
Ware
Watson
Watts Wilder
Williams.B
Williams,J
Yeargin
Murphy.Spkr
Prayer was offered by the Reverend George Moore, Jr., Pastor, St. Paul A.M.E. Church, Rome, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
1132
JOURNAL OF THE HOUSE,
5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 838. By Representatives Holland of the 136th, Teper of the 46th and Poston of the 2nd:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for a special license plate for licensed emergency medical technicians.
Referred to the Committee on Motor Vehicles.
HB 839. By Representative Holland of the 136th:
A bill to amend Chapter 15 of Title 47 of the Official Code of Georgia Anno tated, relating to superior court reporters emeritus, so as to provide for the office of senior court reporter; to provide that an official court reporter of a superior court judicial circuit or of a state court shall be eligible under cer tain conditions for appointment as a senior court reporter.
Referred to the Committee on Judiciary.
HB 840. By Representative Holland of the 136th:
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 the reinstatement of a driver's license suspended for certain reasons; to pro vide that the driver's license of any person whose plea of nolo contendere to driving under the influence of drugs or alcohol shall be suspended.
Referred to the Committee on Motor Vehicles.
HB 841. By Representatives Snow of the 1st, Perry of the 5th and McCoy of the 1st: A bill to create the board of commissioners of Dade County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 842. By Representative Parham of the 105th:
A bill to amend Code Section 20-3-560 of the Official Code of Georgia Anno tated, relating to legislative intent regarding Georgia Military College, so as to remove the restriction that the college provide only a two-year postsecondary program.
Referred to the Committee on University System of Georgia.
HB 843. By Representative Fennel of the 155th: A bill to provide a new charter for the City of Brunswick.
Referred to the Committee on State Planning & Community Affairs - Local.
By unanimous consent, the rules were suspended in order that the following Bills of the House could be introduced, read the first time and referred to the committees:
FRIDAY, FEBRUARY 22, 1991
1133
HB 844. By Representatives Reaves of the 147th, Oliver of the 121st, Purcell of the 129th, Balkcom of the 140th and Branch of the 137th:
A bill to amend Article 1 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the definition of agricultural products.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 845. By Representatives Randall of the 101st and Lord of the 107th:
A bill to amend Code Section 33-25-10 of the Official Code of Georgia Anno tated, relating to payment of interest on proceeds or payments under certain insurance policies, so as to change a rate of interest.
Referred to the Committee on Insurance.
HB 846. By Representatives Randall of the 101st, McKinney of the 40th, McKinney of the 35th and Redding of the 50th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to repeal specifically Code Section 16-6-19, relating to adultery; to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to provide for a defini tion of adultery.
Referred to the Committee on Special Judiciary.
HB 847. By Representatives Bostick of the 138th, Martin of the 26th and Randall of the 101st:
A bill to amend Chapter 2 of Title 17 of the Official Code of Georgia Anno tated, relating to jurisdiction and venue in criminal cases, so as to provide for the transfer of an indictment or accusation and of certain other cases for the purpose of a plea of guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere from a county in which the indictment, accusa tion, complaint, or arrest warrant is pending to another county where the defendant has been arrested, held, or is present, upon the consent of the defendant and the district attorney in each county.
Referred to the Committee on Special Judiciary.
HB 848. By Representatives Orr of the 9th, Beatty of the 12th and Barnett of the 10th:
A bill to amend Article 1 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to general matters relative to the acquisition, construction, and operation of airports and landing fields, so as to provide that no county, municipality, or other political subdivision may acquire, establish, construct, or expand any airport or landing field outside of its geo graphical boundaries without the approval of the State Transportation Board.
Referred to the Committee on State Planning & Community Affairs.
1134
JOURNAL OF THE HOUSE,
HB 849. By Representatives Redding of the 50th, Orrock of the 30th, Carrell of the 65th, Henson of the 57th, Mueller of the 126th and others:
A bill to amend Article 1 of Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions regarding the practice of dentistry, so as to provide that all signs, cards, announcements, advertise ments, or methods used to state that dentistry may be practiced shall not be required to list the full names of each individual practicing dentistry in such place.
Referred to the Committee on Health & Ecology.
HB 850. By Representatives Coleman of the 118th, Smith of the 152nd, Poston of the 2nd, Lane of the lllth and Benefield of the 72nd:
A bill to amend Article 9 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Rail Passenger Authority Law," so as to change the composition and terms of members of the authority; to provide for Senate confirmation of appointments.
Referred to the Committee on Transportation.
HB 851. By Representatives Walker of the 113th, Thurmond of the 67th, Irwin of the 57th, Sherrill of the 47th, Clark of the 20th (Post 4) and others:
A bill to amend Part 4 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to sick, personal, and maternity leave of school personnel, so as to increase the amount of days of accumulated sick leave that may be used for personal or professional reasons from three to five days.
Referred to the Committee on Education.
HB 852. By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide for the collection of additional costs in cases before the Magistrate Court of Banks County as law library fees.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 853. By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of White County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 854. By Representatives Coleman of the 118th, Parrish of the 109th, Holmes of the 28th and Dunn of the 73rd:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to establish professional crite ria for the receipt and processing of complaints against law enforcement offi cers.
Referred to the Committee on Public Safety.
FRIDAY, FEBRUARY 22, 1991
1135
HB 855. By Representative Langford of the 7th:
A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Anno tated, relating to lobbying, so as to prohibit any department of state govern ment from having more than two registered lobbyists during a legislative session; to provide that no lobbyist for a department shall appear before a committee of the General Assembly unless requested by a committee chair man.
Referred to the Committee on Rules.
HB 856. By Representatives Walker of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to revise provisions relating to the authority of the police court to impose fines and imprisonment; to provide that neither the mayor nor any councilmember may hold an elected or appointed office or otherwise be employed by the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 857. By Representatives Hamilton of the 124th, Porter of the 119th, Kilgore of the 42nd, Poston of the 2nd, Dover of the llth and others:
A bill to amend Code Section 20-2-280 of the Official Code of Georgia Anno tated, relating to long-term strategic plans of the State Board of Education, so as to provide for the contents of the state-wide strategic long-term plan; to provide for local and regional plans; to provide for creation of an office of strategic planning within the Department of Education.
Referred to the Committee on Education.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 819 HB 820 HB 821 HB 822 HB 823 HB 824 HB 825 HB 826 HB 827 HB 828 HB 829 HB 830 HB 831 HB 832
HB 833 HB 834 HB 835 HB 836 HB 837 HR 349 HR 352 SB 77 SB 88 SB 144 SB 184 SB 323 SR 179 SR 201
Representative Holmes of the 28th District, Chairman of the Committee on Govern mental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
1136
JOURNAL OF THE HOUSE,
SB 4 Do Pass SB 22 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 28th
Chairman
Representative Lucas of the 102nd District, Chairman of the Committee on Human Relations & Aging, submitted the following report:
Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the fol lowing Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 235 Do Pass
Respectfully submitted, /s/ Lucas of the 102nd
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 436 Do Pass HB 443 Do Not Pass HB 448 Do Pass, as Amended HB 449 Do Pass, by Substitute
HB 563 Do Pass, by Substitute HB 572 Do Pass, by Substitute HR 151 Do Pass
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Parham of the 105th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 63 Do Pass, by Substitute
Respectfully submitted, /s/ Parham of the 105th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
FRIDAY, FEBRUARY 22, 1991
1137
Your Committee on Rules has had under consideration the following Bill of the Sen ate and has instructed me to report the same back to the House with the following recom mendation:
SB 176 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 802 Do Pass HB 803 Do Pass HB 805 Do Pass HB 809 Do Pass
HB 810 Do Pass HB 813 Do Pass SB 221 Do Pass SB 252 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Benefield of the 72nd District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 283 Do Pass HR 349 Do Pass
Respectfully submitted, /s/ Benefield of the 72nd
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR FRIDAY, FEBRUARY 22, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 27th Legislative Day as enu merated below:
HB 139 Uniform Commercial Driver's License Act; Amend HB 340 Certain Taxpayer Appeals; File Surety Bonds HB 546 State Health Planning; Certificate of Need; Certain Revocation HB 558 Water/Wastewater Treatment Plant Opr. & Lab Analysts; Amend Repeal HB 576 Funeral Directors/Embalmers; Apprenticeship; Registration
1138
JOURNAL OF THE HOUSE,
HB 578 Real Property for Railroad Operations; GBA May Acquire HB 601 Candidates; Drug Testing; Definition; Pauper's Reimburse HB 637 Public Retirement Systems; Pooled Funds; Investments HB 656 Teachers Ret; Members on Military Duty; Employer Contributions HB 659 MARTA; Police Force; Qualifications/Powers; Clarify HB 660 Agricultural Commodity Commission for Peanuts; Members HB 709 Air Quality Act; Amend Provisions HB 757 Georgia Science & Technology Commissioner; Create HB 763 Georgia Correctional Industries; Executive Officer; Compensation
HR 318 John F. McKenzie Bridge; Designate HR 337 DNR Reg. HQ in Brunswick; Dedicate in Honor of Samuel Thomas Cofer
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /a/ Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 802. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to amend an Act incorporating the City of Canton, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmen.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 803. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A bill to create a board of elections and registration for Cherokee County and provide for its powers and duties.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 805. By Representatives Atkins of the 21st, Vaughan of the 20th, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Klein of the 21st and others:
A bill to create the Cobb County Commission for Operation Desert Storm Family Assistance.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
FRIDAY, FEBRUARY 22, 1991
1139
The Bill, having received the requisite constitutional majority, was passed.
HB 809. By Representative Coleman of the 118th:
A bill to amend an Act providing a new charter for the City of Eastman, so as to extend and increase the corporate limits of the City of Eastman.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 810. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th:
A bill to amend an Act creating the Dade County Water and Sewer Author ity, so as to change the provisions relating to members of the authority and the appointment and manner of filling vacancies relative thereto.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 813. By Representative Perry of the 5th:
A bill to amend an Act creating the State Court of Chattooga County, so as to change the provisions relating to the compensation of the judge and the solicitor of said court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 221. By Senator Olmstead of the 26th:
A bill to amend an Act entitled "Macon-Water Commissioners Pension Plan", as amended, so as to change certain provisions relating to employer contributions; to provide an effective date.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 252. By Senator Pollard of the 24th:
A bill to amend an Act providing a new charter for the City of Harlem so as to provide the time of election, taking of office, and terms of office of the mayor and council; to provide for the authority for this Act.
1140
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
The Committee on State Planning & Community Affairs moves to amend SB 252 by striking on page 2, line 8, the following:
"case",
and inserting in lieu thereof the following: "cast".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 197. By Senator Shumake of the 39th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the Georgia Board of Power Engineers; to provide definitions; to provide for the appointment of members of the board; to provide for members' terms, qualifications, compensation, and removal; to provide for meetings and quorums.
SB 243. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend Part 7 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of laundries, cleaners, dyers, tailors, and other similar establishments, so as to provide for an alternative method for the satisfaction of such liens; to provide for a certain notice at the time property is delivered for the performance of services.
SB 255. By Senators Langford of the 35th and Albert of the 23rd:
A bill to amend Code Section 16-5-23 of the Official Code of Georgia Anno tated, relating to the offense of simple battery, so as to provide that a person who commits the offense of simple battery against a police officer engaged in carrying out official duties shall, upon conviction, be punished for a misde meanor of a high and aggravated nature.
SB 267. By Senator Baldwin of the 29th:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the agency rela tionship, so as to provide that a deed or other instrument executed under seal pursuant to an agency created by an act not under seal shall be binding on the principal under certain conditions.
FRIDAY, FEBRUARY 22, 1991
1141
SB 286. By Senators Foster of the 50th, Timmons of the llth and Johnson of the 47th:
A bill to amend Code Section 32-6-195 of the Official Code of Georgia Anno tated, relating to the division of costs of grade crossing elimination projects between the Department of Transportation, counties, municipalities, and rail roads, so as to provide that railroads shall bear no less than 25 percent of grade crossing elimination costs; to provide an effective date.
SB 305. By Senators Deal of the 49th, Robinson of the 16th and Alien of the 2nd:
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 of actions, so as to provide for the period of limitation in an action by a parent or other per son for injury to a minor child; to provide for joinder with an action on behalf of the minor child.
SB 310. By Senators Deal of the 49th, Edge of the 28th and Baldwin of the 29th:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for an addi tional ground for a continuance because of attendance of a party or an attor ney at the General Assembly by reason of such person's service on the staff of the General Assembly.
SB 312. By Senators Baldwin of the 29th and Edge of the 28th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a school bus driver charged and convicted of driving under the influence of alcohol or drugs while driving a school bus or other school vehicle shall be imprisoned for a period of not less than one year nor more than five years; to provide for a fine.
SB 313. By Senators Hammill of the 3rd and Gillis of the 20th:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Anno tated, relating to education in general, so as to make it a misdemeanor to buy, sell, create, duplicate, alter, give, or obtain a document which purports to signify merit or achievement conferred by an institution of education; to provide for penalties.
SB 314. By Senators Hammill of the 3rd and Echols of the 6th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges of superior courts, so as to provide for a fifth judge of the superior courts of the Brunswick Judicial Circuit of Geor gia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.
SB 334. By Senator Edge of the 28th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Griffin Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Gov ernor; to provide for the election of successors to the judge initially appointed.
1142
JOURNAL OF THE HOUSE,
HB 700. By Representatives Watson of the 114th, Walker of the 113th and Walker of the 115th:
A bill to amend an Act creating a board of commissioners of Houston County, so as to repeal a certain provision which requires the chairman of the board of commissioners to publish annually a detailed statement account ing for the expenditures from the chairman's expense account; to change the provisions relating to the filling of a vacancy in the chairman post.
HB 701. By Representative Smith of the 78th:
A bill to amend an Act providing a new charter for the City of Barnesville, so as to change the provisions relating to the election of the mayor and mem bers of the city council.
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate:
SR 72. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A resolution creating the Joint Study Committee on Children and Youth.
SR 174. By Senators Hammill of the 3rd, Harris of the 27th and Clay of the 37th:
A resolution designating the week of April 7 through 13, 1991, as "Georgia County Government Week".
The Senate recedes from its disagreement to the House amendment to the following Bill of the Senate:
SB 64. By Senator Kidd of the 25th:
A bill to amend an Act establishing a new charter for the City of Milledgeville, as amended, so as to change the compensation of the mayor and aldermen of said city.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 260. By Senators Deal of the 49th and Kidd of the 25th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to provide that all hearings involving delinquency shall be open to the public; to provide that certain other hearings shall be closed to the public; to change the provisions relating to juvenile law enforcement records and inspection thereof; to change the provisions relating to when a child may be fingerprinted or photographed and the use and retention of such fingerprints, photographs, and records related thereto.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
FRIDAY, FEBRUARY 22, 1991
1143
SB 197. By Senator Shumake of the 39th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the Georgia Board of Power Engineers; to provide definitions; to provide for the appointment of members of the board; to provide for members' terms, qualifications, compensation, and removal; to provide for meetings and quorums.
Referred to the Committee on Industry.
SB 243. By Senators Coleman of the 1st and Alien of the 2nd:
A bill to amend Part 7 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of laundries, cleaners, dyers, tailors, and other similar establishments, so as to provide for an alternative method for the satisfaction of such liens; to provide for a certain notice at the time property is delivered for the performance of services.
Referred to the Committee on Judiciary.
SB 255. By Senators Langford of the 35th and Albert of the 23rd:
A bill to amend Code Section 16-5-23 of the Official Code of Georgia Anno tated, relating to the offense of simple battery, so as to provide that a person who commits the offense of simple battery against a police officer engaged in carrying out official duties shall, upon conviction, be punished for a misde meanor of a high and aggravated nature.
Referred to the Committee on Special Judiciary.
SB 260. By Senators Deal of the 49th and Kidd of the 25th:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to provide that all hearings involving delinquency shall be open to the public; to provide that certain other hearings shall be closed to the public; to change the provisions relating to juvenile law enforcement records and inspection thereof; to change the provisions relating to when a child may be fingerprinted or photographed and the use and retention of such fingerprints, photographs, and records related thereto.
Referred to the Committee on Judiciary.
SB 267. By Senator Baldwin of the 29th:
A bill to amend Article 1 of Chapter 6 of Title 10 of the Official Code of Georgia Annotated, relating to the creation and nature of the agency rela tionship, so as to provide that a deed or other instrument executed under seal pursuant to an agency created by an act not under seal shall be binding on the principal under certain conditions.
Referred to the Committee on Judiciary.
SB 286. By Senators Foster of the 50th, Timmons of the llth and Johnson of the 47th:
A bill to amend Code Section 32-6-195 of the Official Code of Georgia Anno tated, relating to the division of costs of grade crossing elimination projects between the Department of Transportation, counties, municipalities, and rail roads, so as to provide that railroads shall bear no less than 25 percent of grade crossing elimination costs; to provide an effective date.
Referred to the Committee on Transportation.
1144
JOURNAL OF THE HOUSE,
SB 305. By Senators Deal of the 49th, Robinson of the 16th and Alien of the 2nd:
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 of actions, so as to provide for the period of limitation in an action by a parent or other per son for injury to a minor child; to provide for joinder with an action on behalf of the minor child.
Referred to the Committee on Judiciary.
SB 310. By Senators Deal of the 49th, Edge of the 28th and Baldwin of the 29th:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for an addi tional ground for a continuance because of attendance of a party or an attor ney at the General Assembly by reason of such person's service on the staff of the General Assembly.
Referred to the Committee on Judiciary.
SB 312. By Senators Baldwin of the 29th and Edge of the 28th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a school bus driver charged and convicted of driving under the influence of alcohol or drugs while driving a school bus or other school vehicle shall be imprisoned for a period of not less than one year nor more than five years; to provide for a fine.
Referred to the Committee on Motor Vehicles.
SB 313. By Senators Hammill of the 3rd and Gillis of the 20th:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Anno tated, relating to education in general, so as to make it a misdemeanor to buy, sell, create, duplicate, alter, give, or obtain a document which purports to signify merit or achievement conferred by an institution of education; to provide for penalties.
Referred to the Committee on Education.
SB 314. By Senators Hammill of the 3rd and Echols of the 6th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to numbers of judges of superior courts, so as to provide for a fifth judge of the superior courts of the Brunswick Judicial Circuit of Geor gia; to provide for the appointment of the first such additional judge by the Governor; to provide for the election of successors to the judge initially appointed.
Referred to the Committee on Judiciary.
SB 334. By Senator Edge of the 28th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of superior courts, so as to provide for a fourth judge of the superior courts of the Griffin Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Gov ernor; to provide for the election of successors to the judge initially appointed.
Referred to the Committee on Judiciary.
FRIDAY, FEBRUARY 22, 1991
1145
SR 72. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th:
A resolution creating the Joint Study Committee on Children and Youth.
Referred to the Committee on Rules.
SR 174. By Senators Hammill of the 3rd, Harris of the 27th and Clay of the 37th:
A resolution designating the week of April 7 through 13, 1991, as "Georgia County Government Week".
Referred to the Committee on Rules.
The following Resolution of the House was read:
HR 368. By Representative Murphy of the 18th
A RESOLUTION
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gen eral Assembly shall adjourn at 5:00 P.M. on Friday, February 22, 1991, and shall recon vene on Monday, February 25, 1991.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on February 25 may be as ordered by the Senate; and the hour for convening the House on February 25 may be as ordered by the House.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Canty Y Carrell Carter Y Chafm Y Chambless Y Cheeks
Y Childers
Y Clark.E Y Clark,H E Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings,M Davis.G Davis.M Y Dixon.H Y Dixon,S Y Dobbs Y Dover Y Dunn Edwards Y Elliott Y Felton Y Fennel Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Goodwin Y Green Greene Y Griffin Groover Y Hamilton
Y Hammond Manner
Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Y Irwin
Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann
Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Moody Morsberger Y Moultrie Y Mueller Y Oliver.C Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Y Poston Y Powell.A Y Powell.C Y Purcell
Y Randall YRay Y Reaves Y Redding Y Ricketson Y Royal
Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith.P Y Smith.T Y Smith.W
Smyre YSnow Y Stancil.F
Stancil,S Stanley Y Stephens Streat Y Taylor Y Teper Thomas.C Thomas.M Thomas.N Y Thurmond Y Titus Y Tolbert Townsend
Y Turnquest Y Twiggs
1146
JOURNAL OF THE HOUSE,
Y Valenti Y Vaughan
Walker,J
Y Walker,L Y Wall
Y Ware
Watson Y Watts
Y White
Y Wilder Y Williams.B
Y Williams,J
E Williams,R Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 146, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time:
HR 318. By Representatives Walker of the 115th, Ray of the 98th, Groover of the 99th, Murphy of the 18th and Lee of the 72nd:
A resolution designating the John T. McKenzie Bridge.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 106, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 337. By Representatives Smith of the 156th and Fennel of the 155th:
A resolution providing for the dedication of the Department of Natural Resources Regional Headquarters Building in Brunswick, Georgia, in honor of Samuel Thomas Cofer.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 111, nays 4.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 558. By Representatives Patten of the 149th, Long of the 142nd and Floyd of the 135th:
A bill to amend Chapter 51 of Title 43 of the Official Code of Georgia Anno tated, relating to water and wastewater treatment plant operators and labo ratory analysts, so as to amend the automatic repeal of such chapter; to define certain terms.
The following amendment was read and adopted:
The Committee on Natural Resources moves to amend HB 558 as follows:
By adding on line 2 of page 6 after the word, "renewal.", the following:
"The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate."
FRIDAY, FEBRUARY 22, 1991
1147
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 660. By Representative Reaves of the 147th:
A bill to amend Code Section 2-8-53 of the Official Code of Georgia Anno tated, relating to membership of the Agricultural Commodity Commission for Peanuts, so as to provide that if only one person qualifies for a position on the commission, no election shall be required for that position and that per son shall automatically become a member of the commission.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The Speaker Pro Tern assumed the Chair.
HB 763. By Representative Colwell of the 4th:
A bill to amend Chapter 10 of Title 42 of the Official Code of Georgia Anno tated, the "Correctional Industries Act," so as to provide that any compensa tion paid to the executive officer of the Georgia Correctional Industries Administration shall be paid from earnings of the administration and not from appropriations.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 576. By Representative Lord of the 107th:
A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Anno tated, relating to funeral directors and embalmers, so as to modify the provi sions for registration of apprenticeship.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 601. By Representatives Holmes of the 28th, Chambless of the 133rd, Lee of the 72nd, Murphy of the 18th and Walker of the 115th:
A bill to amend Code Section 21-2-140 of the Official Code of Georgia Anno tated, relating to mandatory drug testing for certain candidates, so as to change the definition of an illegal drug; to increase the maximum amount for reimbursement candidates who file paupers' affidavits.
1148
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 637. By Representatives Cummings of the 17th and Floyd of the 135th:
A bill to amend Code Section 47-1-2 of the Official Code of Georgia Anno tated, relating to the pooling of funds by retirement systems for investment purposes, so as to change a provision relating to the determination of state retirement systems.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 656. By Representative Cummings of the 17th:
A bill to amend Code Section 47-3-83 of the Official Code of Georgia Anno tated, relating to creditable service for military service under the Teachers Retirement System of Georgia, so as to provide for a continuation of employer contributions for members required to perform ordered military duty.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 546. By Representatives Childers of the 15th and Barnett of the 10th:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning, so as to change the provisions whereby certain revocation orders of the Department of Human Resources will operate to revoke automatically a health care facility's certificate of need or authorization to operate.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 92, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 340. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-2-59 of the Official Code of Georgia Anno tated, relating to appeals to the superior court from certain orders, rulings, or findings of the state revenue commissioner, so as to require the filing of a surety bond with respect to certain appeals.
FRIDAY, FEBRUARY 22, 1991
1149
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the ayes were 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 139. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, the "Uniform Commercial Driver's License Act," so as to change the applicability of the Act to certain types of vehicles; to change cer tain requirements for issuance of a commercial driver's license.
The following Committee substitute was read and adopted:
A BILL
To amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, the "Uniform Commercial Driver's License Act," so as to change the applicability of the Act to certain types of vehicles; to change certain requirements for issuance of a commercial driver's license; to change certain provisions relative to disqualifications from driving a commercial motor vehicle; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, the "Uniform Commercial Driver's License Act," is amended by striking subparagraph (C) of paragraph (7) of Code Section 40-5-142, relating to the definition of a commercial motor vehicle, in its entirety and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(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, timber products 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 car rier. As ttsed this paragraph, the term 'timber products vehicle' means a vehicle ased
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 to exempt said classes."
Section 2. Said article is further amended by striking subsection (b) of Code Section 40-5-147, relating to the requirements for issuance of a commercial driver's license, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The Department of Public Safety may waive the skills test and knowledge 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 3. Said article is further amended by striking subsections (b) and (c) of Code Section 40-5-151, relating to disqualifications from driving a commercial motor vehicle, in their entirety and inserting in lieu thereof new subsections (b) and (C) to read as follows:
1150
JOURNAL OF THE HOUSE,
"(b) Any person is disqualified from driving a commercial motor vehicle for a period of not less than three years if convicted of a first violation of using a commercial motor vehicle in the commission of a felony if such violation occurred while transporting feaza*de8 materials or for offenses specified in paragraph (1) of subsection (a) of this Code section, provided that the vehicle being operated or used in connection with such viola tion or commission of such felony is transporting a hazardous material required to be placarded under Section 105 of the Hazardous Material Transportation Act.
(c) Any person is disqualified from driving a commercial motor vehicle for life if con victed of two or more violations wtthm a five-year period, as measured ftrem the dates ef arrests for which convictions were obtained, of any of the offenses specified in subsec tion (a) of Code Section 40-5-54 or Code Section 40-6-391 or 40-6-392, or any combina tion of those offenses, arising from two or more separate incidents."
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 95, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representatives Holland of the 136th and Ray of the 98th stated they would like to be recorded as voting "nay" on the preceding Bill.
HB 709. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Alford of the 57th:
A bill to amend Chapter 9 of Title 12 of the Official Code of Georgia Anno tated, "The Georgia Air Quality Act of 1978," so as to change provisions relating to fees charged as a condition of any permit required by the chapter.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, "The Georgia Air Quality Act of 1978," so as to change provisions relating to fees charged as a condition of any permit required by the chapter; to express legislative intent; to add a provision for criminal penalties for violations of the chapter; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 9 of Title 12 of the Official Code of Georgia Annotated, "The Georgia Air Quality Act of 1978," is amended by striking Code Section 12-9-9, relating to fees charged as a condition of any permit required by the chapter, and inserting in its place a new Code section to read as follows:
"12-9-9. (a) The owner or operator of any majer stationary facility er source shall pay to the division as a condition of any permit required under this chapter or under Ga. L. 1967, p. 581, as amended, an annual feej or its equivalent over some other period, sufficient to cover:
(1) The reasonable cost of reviewing and acting upon any application for a permit under this chapter; and
(2) The reasonable cost incurred after July 1, 1978, of implementing and enforcing the terms and conditions of any permit issued under this chapter or under Ga. L. 1967, p. 581, as amended, regardless of whether the permit was issued before or after
FRIDAY, FEBRUARY 22, 1991
1151
July 1, 1978r Sefe ; provided, however, such cost shall not include any court cost or other costs associated with any judicial enforcement action?
(3) Emissions and ambient monitoring: (4) Preparing generally applicable regulations or guidance; (5) Modeling, analyses, and demonstrations; and (6) Preparing inventories and tracking emissions. (b) The total amount of fees collected shall not be less than $25.00 per ton of emis sions allowed in the permit of each regulated pollutant as defined in Section 502(b)(3)(B)(ii) of the federal Clean Air Act Amendments of 1990 unless, as provided under the federal act, a lesser amount is approved by the United States Environmental Protection Agency as fulfilling the requirements of the federal act. No fee shall be col lected for more than 4,000 tons per year of any individual regulated pollutant emitted by any source or any group of sources located within a contiguous area and under com mon control. No fee shall be collected for the emission of carbon monoxide which is not a regulated pollutant as defined in Section 502(b)(3)(B)(ii) of the federal Clean Air Act Amendments of 1990. (c) The fee collected shall be increased consistent with the need to cover the costs authorized in subsection (a) of this Code section 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 subsection the Consumer Price Index is the average of the Consumer Price Index for all-urban consumers published by the Department of Labor, as of the close of the 12 month period ending on August 31 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. (d) The director may reduce any permit fee required under this chapter to take into account the financial resources of small business stationary sources as defined under the federal act or regulations promulgated pursuant thereto. flb} (e) The owner or operator of any stationary source shall, in addition to the fees provided for in subsections (a) through (c) of this Code section, pay any cost or expense associated with public notices or notifications required pursuant to this chapter or the federal act. \c/--A lie director mfly provide tor THG pflyrocnt to dfiu collection oy tiie division OT th permit related fees e* eests ef notice required pursuant te this Code section. {d)--AH fees er eesta required f persona subsections <&} and {b) ef this 6ed sec tion collected by the division shaH fee paid te th general ftmd ef the state treasury. (f) Collection of fees pursuant to this Code section shall preclude collection of any air quality control permit fees by any other state or local governmental authority. (g) Collection of fees pursuant to this Code section will not begin prior to July 1^ 1992, and is contingent upon implementation by the United States Environmental Pro tection Agency of a requirement of fee collection by the permitting authority under rules promulgated pursuant to Section 502(b)(3) of the federal Clean Air Act Amendments of 1990. (h) The General Assembly declares its intent that the fee provisions of this Code sec tion shall be consistent with and shall meet the requirements of the federal Clean Air Act Amendments of 1990 but shall not duplicate the fees charged thereunder. The Gen eral Assembly further declares its intent to ensure that any permit fee collected by the division shall be utilized solely to cover all reasonable direct and indirect costs required to support the permit program as set forth in the federal Clean Air Act Amendments of 1990."
Section 2. Said chapter is further amended by adding thereto a new Code Section 12-9-24, relating to criminal penalties, to read as follows:
"12-9-24. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
1152
JOURNAL OF THE HOUSE,
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 369. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A resolution commending Darla Pruett and inviting her to appear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:
HB 659. By Representative Alford of the 57th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide clarification of the jurisdiction granted to the Authority's security and police force and to provide for quali fications and powers and grant immunity to officers of such force.
The following amendment was read and adopted:
Representative Alford of the 57th moves to amend HB 659 by adding a new subsec tion (p) to read as follows:
"(p) The Authority shall be liable for any acts or omissions of its peace officers incurred while acting pursuant to this Act. The Authority will reimburse, indemnify, hold harmless and make good any loss, damage or costs arising from acts or omissions of its peace officers."
HB 659 is further amended by adding a new subsection (q) to read as follows:
"(q) Any person arrested by an Authority peace officer for an offense over which a municipal court has jurisdiction shall be prosecuted in the municipal court of the municipality where the offense occurred."
HB 659 is further amended by adding a new subsection (r) to read as follows:
"(r) Except as to the facilities and property owned, leased, operated or under the control of the Authority, the chief law enforcement officer of the city or county where the Authority operates shall be the primary law enforcement officer and shall be in command of the overall law enforcement operations. Whenever feasible, the chief law enforcement officer shall be informed of and approve of any action by an Authority peace officer within such city or county jurisdiction prior to its occurrence."
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 94, nays 0.
FRIDAY, FEBRUARY 22, 1991
1153
The Bill, having received the requisite constitutional majority, was passed, as amended.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 370. By Representatives Vaughan of the 20th, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Mills of the 20th, Aiken of the 21st and others:
A resolution commending the McEachern High School wrestling team and inviting the members of the team, Coach Pritz, and Assistant Coach Gossett to appear before the House of Representatives.
The following Resolutions of the House were read and adopted:
HR 371. By Representatives Vaughan of the 20th, Hammond of the 20th, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Mills of the 20th and others:
A resolution commending the Students Protesting Unsafe Driving (SPUD).
HR 372. By Representative Mobley of the 64th: A resolution commending and recognizing Mr. Virgil W. "Wink" Harris.
HR 373. By Representative Green of the 106th:
A resolution commending the members of the football team and the football staff of Gatewood Schools, Inc.
HR 374. By Representative Mobley of the 64th: A resolution commending John D. Etheridge.
HR 375. By Representative Mobley of the 64th: A resolution commending and recognizing Mr. A. Lamar "Buddy" Ouzts.
HR 376. By Representatives Connell of the 87th and Thomas of the 69th:
A resolution recognizing and celebrating March 1, 1991, as Saint David's Day in the State of Georgia.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:
HB 578. By Representatives Coleman of the 118th, Poston of the 2nd and Colwell of the 4th:
A bill to amend Code Section 50-9-5 of the Official Code of Georgia Anno tated, relating to the general powers of the Georgia Building Authority, so as to provide that the Georgia Building Authority may acquire and dispose of real property for railroad operations.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 0.
1154
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and adopted:
HR 377. By Representatives Brooks of the 34th, Abernathy of the 39th and Redding of the 50th:
A resolution expressing regret at the passing of the Reverend Bernard Lee.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 378. By Representatives Oliver of the 53rd, Buckner of the 72nd, King of the 72nd, McKinney of the 40th, Sinkfield of the 37th and others:
A resolution designating the month of March, 1991, as "Women's History Month".
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the House:
HR 368. By Representative Murphy of the 18th: A resolution relative to adjournment.
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 226 Do Pass, by Substitute
Respectfully submitted, Is/ Watson of the 114th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 350 Do Pass HR 351 Do Pass
FRIDAY, FEBRUARY 22, 1991
1155
Respectfully submitted, Is/ Lee of the 72nd
Chairman
Prusuant to HR 368, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, February 25, 1991.
1156
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Monday, February 25, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:
Abernathy Adams Aiken Atkins Baker Balkcom Barfoot Bargeron Barnett,B Barnett.M Bates Beatty Birdsong Bordeaux Branch Breedlove Brooks Brown Brush Buck Buckner Campbell CTMty
C^11
CCnfa"lm" Chambless Cheeks
Childers
Clark.E
Clark.H
Clark.L Coker Coleman Colwell Connell Culbreth Cummings.B Cummings,M Davis.G Davis,M Dixon,S Dobbs Dunn Edwards Elliott Fennel Floyd.J.M Floyd,J.W Flynt Golden Goodwin Green Greene
Gnffm
SHamVillttoLn Hammond Harris,B
Harris,J
Heard
Hightower
Holland Howard Hudson Irwin Jackson Jamieson Jenkins Jones Kilgore King Kingston Klein Ladd Lane.D Lane,R Lawrence Lawson Lee Long Lord Lupton Mann McC
McKelvey
M..cKinney,B_ JICK|nney'C Meadows
Merritt
Milam
Mills
Mobley Moody Morsberger Moultrie Mueller Oliver.C 01iver,M Orr Orrock Padgett Parham Parrish Patten Pelote Perry Pettit Poag Poston Powell,A Powell.C Purcell Ray Reaves
Ricketson
R_ o/yal lu""8?, Shernll
Simpson
Sinkfield
Smith,L
Smith.P Smith.T Smith.W Stancil.F Stancil.S Stephens Streat Taylor Teper Thomas.C Thomas,M Thomas.N Titus Tolbert Townsend Tumquest Twiggs Valenti Vaughan Walker,J Wall Ware Watson
Watts
Wwhuite w- r" D Wilhams,B
Williams.R
Yeargin
Murphy,Spkr
Prayer was offered by the Reverend Tommy R. Carr, Pastor, Chapel-in-the-Gardens Presbyterian Church, Garden City, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees.
MONDAY, FEBRUARY 25, 1991
1157
5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 858. By Representative Lee of the 72nd:
A bill to amend Code Section 48-5-304 of the Official Code of Georgia Anno tated, relating to approval of county ad valorem tax digests when appeals have been filed or arbitrations demanded, so as to change the conditions under which the commissioner may approve a digest in a year in which a complete reevaluation or reappraisal program is implemented.
Referred to the Committee on Ways & Means.
HB 859. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill 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 provide that a dealer is guilty of a misdemeanor when he knowingly sells to or furnishes to a person under the age of 16 years any ammunition for a firearm.
Referred to the Committee on Public Safety.
HB 860. By Representative Beatty of the 12th: A bill to provide a new charter for the City of Commerce.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 861. By Representative Barnett of the 10th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the compensation of the chairman and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 862. By Representatives Brooks of the 34th, Abernathy of the 39th, McKinney of the 35th, Stanley of the 33rd, White of the 132nd and others:
A bill to amend Chapter 6 of Title 34 of the Official Code of Georgia Anno tated, relating to labor organizations and labor relations, so as to authorize public employees to organize into bargaining units and to bargain collec tively.
Referred to the Committee on Industrial Relations.
HB 863. By Representatives Kilgore of the 42nd, Simpson of the 70th and Watts of the 41st:
A bill to provide a method of filling vacancies on the board of the Hospital Authority of Douglas County.
Referred to the Committee on State Planning & Community Affairs - Local.
1158
JOURNAL OF THE HOUSE,
HR 379. By Representatives Valenti of the 52nd, Bostick of the 138th, Oliver of the 53rd, Herbert of the 76th, Pelote of the 127th and others:
A resolution urging the Federal Communications Commission to regulate the use of ADAD equipment in connection with long-distance telephone calls.
Referred to the Committee on Industry.
HR 380. By Representatives Twiggs of the 4th and Colwell of the 4th: A resolution designating the S. Truman Holmes Bridge.
Referred to the Committee on Transportation.
By unanimous consent, the rules were suspended in order that the following Bill of the House could be introduced, read the first time and referred to the committee:
HB 869. By Representatives Lucas of the 102nd, Pinkston of the 100th, Groover of the 99th, Randall of the 101st and Elliott of the 103rd:
A bill to amend Code Section 43-14-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the licensing of electrical contrac tors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that electrical contracting shall include low-voltage contracting.
Referred to the Committee on Industry.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 838 HB 839 HB 840 HB 841 HB 842 HB 843 HB 844 HB 845 HB 846 HB 847 HB 848 HB 849 HB 850 HB 851 HB 852 HB 853 HB 854
HB 855 HB 856 HB 857 SB 197 SB 243 SB 255 SB 260 SB 267 SB 286 SB 305 SB 310 SB 312 SB 313 SB 314 SB 334 SR 72 SR 174
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 201 Do Pass
MONDAY, FEBRUARY 25, 1991
1159
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 402 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 27th
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 819 Do Pass HB 828 Do Pass HB 833 Do Pass SB 76 Do Pass
SB 83 Do Pass SB 214 Do Pass HB 830 Do Pass HB 831 Do Pass
Respectfully submitted, /s/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR MONDAY, FEBRUARY 25, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 28th Legislative Day as enu merated below:
HB 133 Public Safety; Motor Vehicle Accidents; Access to Records HB 175 Farm Equipment Warranty Act; Enact HB 198 Freeport Exempt; Local Option Tax; Time for Election HB 208 Business Records; Three-Year Retention HB 213 Mental Health Hearings; Payment of Expenses HB 238 Emergency Management Rescue Specialist; Indemnification HB 333 Delinquent Taxes; Garnishment; Certain Provisions HB 448 Bailable Offense Before Judge; Domestic Violence HB 450 Georgia Prompt Payment Act; Enact HB 478 Superior Ct. Judges Retirement; Mandatory Retirement Age; Delete HB 531 Personal Property; In Custody of Law Enf. Agency; Disposition
1160
JOURNAL OF THE HOUSE,
HB 567 Public Indecency; 3rd Conviction; Felony HB 605 Toilets, Shower Heads, Faucets In Bldgs.; Requirements HB 646 Motor Vehicles; Franchise Protection; Distributor HB 695 Scholarships; Certain Offices; Promote Programs HB 706 Parks, Recreational Area, Etc.; Regulate Parking HB 804 Georgia State Games Commission; Provisions
HR 290 Joint Workers' Compensation Task Force; Create HR 317 Spec. Pub. Util/Subcommittee; Urge House Ind. Comm. Create HR 332 Public Service Commission; Governor Appt. Members - CA HR 349 Woody Glenn Highway; Designate
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COM MITTEE
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 830. By Representatives Pinholster of the 8th and Stancil of the 8th:
A bill to provide a homestead exemption from all Pickens County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, for the full value of the home stead for certain residents of that school district who have annual gross fam ily incomes not exceeding $20,000.00 and who are 62 years of age or over.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adama Y Aiken
Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron
Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell Y Canty Y Carrell
Y Carter
Y Chafra Y Chambless Y Cheeks Y Childers Y Clark,E
Clark,H Y Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis,M
DUon.H Y Dim,S YDobbs Y Dover
Dunn
Edwards Y Elliott
Y Felton Fennel
Floyd,J.M Y Floyd,J.W YFlynt
Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover Y Hamilton
Y Hammond Hanner
Y Harris,B
Y Harri8,J Y Heard Y Henson Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
Ladd Y Lane,D Y Lane,R E Langford Y Lawrence Y Lawson YLee
YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Oliver,M YOrr
Y Orrock Y Padgett Y Parham Y Parrish
Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
Poag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell YRandall
YRay Y Reaves
Redding
Y Ricketson Y Royal
Y Selman Y Sherrill
Y Simpson Sinkfield
Y Skipper Y Smith.L Y Smith,?
MONDAY, FEBRUARY 25, 1991
1161
Y Smith,T Smith,W
Smyre YSnow Y Stancil.F Y Stancil,S
Stanley
Y Stephens Y Streat Y Taylor YTeper Y Thomas.C
Thomas.M Y Thomas,N
Thurmond Titus Y Tolbert Townsend Y Tumquest YTwiggs
Y Valenti
Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Williams,R Y Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.
HB 831. By Representatives Pinholster of the 8th, Stancil of the 8th and Barnett of the 10th:
A bill to amend Section 1 of an Act providing a homestead exemption for residents of the Cherokee County School District who are 62 years of age or over, so as to raise the income eligibility limits for such exemption.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins
Baker Y Balkcom
Y Barfoot Y Bargeron
Barnett.B
Y Barnett,M Y Bates Y Beatty Y Benefleld Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm Y Chambless Y Cheeks Y Childers Y Clark.E
Clark.H
Y Clark,L Y Coker Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G Y Davis.M
Dixon.H Y Dixon,S YDobbs Y Dover
Dunn Edwards Y Elliott Y Felton Fennel Floyd,J.M Y FloydJ.Vf Y Flynt
YGodbee Y Golden YGoodwin Y Green
Greene Y Griffin
Y Groover Y Hamilton Y Hammond
Hanner
Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland
Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein
Ladd Y Lane,D Y Lane,R E Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B
Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C 01iver,M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston
Poag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Y Randall YRay Y Reaves
Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson
Sinkfleld Y Skipper Y Smith,L
Y Smith,? Y Smith,T
Smith.W Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor
Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond Titus Y Tolbert Townsend Y Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 146, nays 0. The Bill, having received the requisite two-thirds constitutional majority, was passed.
HB 819. By Representative Langford of the 7th:
A bill to amend an Act known as the "Calhoun-Gordon County Airport Authority Act," so as to change the number of members of the authority.
1162
JOURNAL OF THE HOUSE,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 833. By Representative Bargeron of the 108th: A bill to provide a new charter for the City of Louisville.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 76. By Senator Thompson of the 33rd:
A bill to amend an Act providing a new charter for the City of Austell, as amended, so as to change certain provisions relating to the ineligibility of the mayor and council members from holding certain positions; to delete all pro visions relating to the position of city manager; to create the position of administrative supervisor and provide for matters relative to such office.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 83. By Senator Thompson of the 33rd:
A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to provide that the board of commissioners shall site no new landfill until it enacts a local solid waste disposal plan.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 214. By Senators Albert of the 23rd and Clay of the 37th:
A bill to amend an Act creating the Cobb County Commission on Children and Youth, as amended, so as to make additional provisions to allow said Commission to qualify for tax-exempt treatment under the United States Internal Revenue Code; to change the date upon which said Commission will be abolished.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
MONDAY, FEBRUARY 25, 1991
1163
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 31. By Senator Thompson of the 33rd:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Student Finance Authority Act," so as to provide for a new full-tuition scholarship program for certain students who attend state institutions of higher education; to provide for definitions; to provide for eligibility; to provide for administration and funding.
SB 285. By Senator Johnson of the 47th:
A bill to amend Code Section 51-5-7 of the Official Code of Georgia Anno tated, relating to privileged communications, so as to provide that truthful reports of information from any arresting officer, law enforcement authority, government spokesperson, or government official performing investigatory duties shall be privileged communications; to provide for related matters; to provide an effective date.
SB 290. By Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th:
A bill to amend Code Section 40-5-75 of the Official Code of Georgia Anno tated, relating to suspension of drivers' licenses for possession of controlled substances or marijuana, so as to provide for the suspension or revocation of the drivers' licenses of persons convicted of misdemeanor possession of a con trolled substance or marijuana; to provide for conditions of reinstatement or return of licenses; to provide for related matters; to provide an effective date.
SB 291. By Senators Pollard of the 24th, Kidd of the 25th and Edge of the 28th:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the time, place, and procedure for transacting business in the probate court, so as to provide for office hours for the office of the judge of probate court; to provide exceptions; to change the provisions relating to time for transacting business in the office of the judge of probate court.
SB 309. By Senators Edge of the 28th and Thompson of the 33rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define the authority of public adjusters; to prohibit contingent fee contracts; to provide that it shall be prohibited for a public adjuster to suggest or advise the employment of or give the name of an attor ney to any insured or to accept referral fees or compensation from an attor ney.
SB 317. By Senator Shumake of the 39th:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Anno tated, relating to costs in civil cases, so as to eliminate cross-references to Code Section 15-6-77.2, relating to total costs for clerk's services in counties with a population of 450,000 or more; to provide a contingent effective date.
1164
JOURNAL OF THE HOUSE,
SB 318. By Senator Shumake of the 39th:
A bill to amend Code Section 15-6-77.1 of the Official Code of Georgia Anno tated, relating to additional fees for clerks of superior courts in counties with a population of 550,000 or more, so as to change the population classification; to provide a contingent effective date.
SB 338. By Senator Olmstead of the 26th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of the practice of psychology, so as to change the provisions prohibiting the practice without a license; to provide for exceptions; to change licensing qualifications.
SB 342. By Senator Kidd of the 25th:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Anno tated, relating to the purchase of insurance and indemnity contracts by the commissioner of administrative services, so as to provide liability insurance coverage for private companies assisting the state in the abating or removing of asbestos or other hazardous materials in public premises; to provide an effective date.
SB 359. By Senator English of the 21st:
A bill to provide a new charter for the City of Keysville; to provide for incor poration, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualification, prohibitions, and removal from office relative to members of such governing authority; to pro vide for inquiries and investigations; to provide for organization and proce dures.
HB 316. By Representative Selman of the 32nd:
A bill to provide a homestead exemption in the amount of $10,000.00 of the assessed value of the homestead for all City of Fairburn ad valorem taxes for any city purposes except ad valorem taxes levied to pay interest on and retire bonded indebtedness, for each resident of the City of Fairburn who is 65 years of age or over or disabled if the resident's adjusted gross income together with the adjusted gross income of the spouse who also resides at such homestead does not exceed the maximum amount which may be received by a person and a person's spouse under the federal Social Security Act.
HB 553. By Representative Breedlove of the 60th:
A bill to amend an Act providing a new charter for the City of Norcross, so as to establish a council-manager form of government.
HB 732. By Representative Lord of the 107th:
A bill to reconstitute the Board of Education of Washington County and pro vide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions.
MONDAY, FEBRUARY 25, 1991
1165
HB 733. By Representatives Lord of the 107th and Parrish of the 109th:
A bill to provide for the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Johnson County.
HB 740. By Representatives Mueller of the 126th, Bordeaux of the 122nd, Pelote of the 127th, Kingston of the 125th, Dixon of the 128th and others:
A bill to amend an Act providing that the Board of Public Education for the City of Savannah and County of Chatham shall be elected by the voters of Chatham County, so as to change the provisions regarding the filling of vacancies.
HB 752. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating a board of elections and registration for Catoosa County, so as to change the provisions relating to qualifications of members of the board.
HB 753. By Representatives Poston of the 2nd and Poag of the 3rd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, Georgia, so as to change the provisions relating to selection of the members of the board and their terms of office.
HB 754. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend an Act providing a new charter for the City of Mount Zion in Carroll County, so as to provide for the corporate limits of the city and the inclusion of certain territory therein.
The Senate has adopted by the requisite constitutional majority the following Resolu tion of the Senate:
SR 180. By Senators Taylor of the 12th, Hooks of the 14th, Perry of the 7th and oth ers:
A resolution designating the developmental highway, known as "Corridor Z," as the "South Georgia Parkway".
The Senate has passed by the requisite constitutional majority the following Bill of the Senate:
SB 347. By Senators Robinson of the 16th and Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to enhance the financial regulatory capa bilities of the Commissioner of Insurance; to provide for insurer statement filings with the National Association of Insurance Commissioner; to provide for limited immunity in the use of information; to provide for confidentiality; to provide sanctions; to establish methods of allowance of credit for reinsur ance.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:
1166
JOURNAL OF THE HOUSE,
SB 31. By Senator Thompson of the 33rd:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Georgia Student Finance Authority Act," so as to provide for a new full-tuition scholarship program for certain students who attend state institutions of higher education; to provide for definitions; to provide for eligibility; to provide for administration and funding.
Referred to the Committee on University System of Georgia.
SB 285. By Senator Johnson of the 47th:
A bill to amend Code Section 51-5-7 of the Official Code of Georgia Anno tated, relating to privileged communications, so as to provide that truthful reports of information from any arresting officer, law enforcement authority, government spokesperson, or government official performing investigatory duties shall be privileged communications; to provide for related matters; to provide an effective date.
Referred to the Committee on Judiciary.
SB 290. By Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th:
A bill to amend Code Section 40-5-75 of the Official Code of Georgia Anno tated, relating to suspension of drivers' licenses for possession of controlled substances or marijuana, so as to provide for the suspension or revocation of the drivers' licenses of persons convicted of misdemeanor possession of a con trolled substance or marijuana; to provide for conditions of reinstatement or return of licenses; to provide for related matters; to provide an effective date.
Referred to the Committee on Motor Vehicles.
SB 291. By Senators Pollard of the 24th, Kidd of the 25th and Edge of the 28th:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to the time, place, and procedure for transacting business in the probate court, so as to provide for office hours for the office of the judge of probate court; to provide exceptions; to change the provisions relating to time for transacting business in the office of the judge of probate court.
Referred to the Committee on Special Judiciary.
SB 309. By Senators Edge of the 28th and Thompson of the 33rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define the authority of public adjusters; to prohibit contingent fee contracts; to provide that it shall be prohibited for a public adjuster to suggest or advise the employment of or give the name of an attor ney to any insured or to accept referral fees or compensation from an attor ney.
Referred to the Committee on Insurance.
SB 317. By Senator Shumake of the 39th:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Anno tated, relating to costs in civil cases, so as to eliminate cross-references to Code Section 15-6-77.2, relating to total costs for clerk's services in counties with a population of 450,000 or more; to provide a contingent effective date.
Referred to the Committee on State Planning & Community Affairs.
MONDAY, FEBRUARY 25, 1991
1167
SB 318. By Senator Shumake of the 39th:
A bill to amend Code Section 15-6-77.1 of the Official Code of Georgia Anno tated, relating to additional fees for clerks of superior courts in counties with a population of 550,000 or more, so as to change the population classification; to provide a contingent effective date.
Referred to the Committee on State Planning & Community Affairs.
SB 338. By Senator Olmstead of the 26th:
A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of the practice of psychology, so as to change the provisions prohibiting the practice without a license; to provide for exceptions; to change licensing qualifications.
Referred to the Committee on Health & Ecology.
SB 342. By Senator Kidd of the 25th:
A bill to amend Code Section 45-9-4 of the Official Code of Georgia Anno tated, relating to the purchase of insurance and indemnity contracts by the commissioner of administrative services, so as to provide liability insurance coverage for private companies assisting the state in the abating or removing of asbestos or other hazardous materials in public premises; to provide an effective date.
Referred to the Committee on Insurance.
SB 347. By Senators Robinson of the 16th and Pollard of the 24th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to enhance the financial regulatory capa bilities of the Commissioner of Insurance; to provide for insurer statement filings with the National Association of Insurance Commissioner; to provide for limited immunity in the use of information; to provide for confidentiality; to provide sanctions; to establish methods of allowance of credit for reinsur ance.
Referred to the Committee on Insurance.
SB 359. By Senator English of the 21st:
A bill to provide a new charter for the City of Keysville; to provide for incor poration, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualification, prohibitions, and removal from office relative to members of such governing authority; to pro vide for inquiries and investigations; to provide for organization and proce dures.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 180. By Senators Taylor of the 12th, Hooks of the 14th, Perry of the 7th and oth ers:
A resolution designating the developmental highway, known as "Corridor Z," as the "South Georgia Parkway".
Referred to the Committee on Transportation.
1168
JOURNAL OF THE HOUSE,
Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was taken up for consideration and read the third time:
HR 332. By Representatives Walker of the 115th, Murphy of the 18th, Porter of the 119th, Watson of the 114th, Lee of the 72nd and others
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that future members of the Public Service Commission shall be appointed by the Governor from among nomi nees who are nominated on the basis of their qualifications with respect to ability to rule impartially and knowledgeably on matters involving regulation of utilities with the goal of ensuring adequate utility supplies at the lowest practical rates; to provide for the submis sion of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article IV, Section I of the Constitution is amended by striking Paragraph I and inserting in its place a new Paragraph to read as follows:
"Paragraph I. Public Service Commission, (a) There shall be a Public Service Commission for the regulation of utilities which shall consist of five members who shall be elected appointed by the people Governor in such manner as may be prescribed by law; and such law shall provide for a method of appointment from among nominees who are nominated on the basis of their qualifications with respect to ability to rule impar tially and knowledgeably on matters involving regulation of utilities with the goal of ensuring adequate utility supplies at the lowest practical rates.
(b) The Commissioners in office e June 30; 1083 elected prior to January lj 1993, shall serve until December 3i after the general election at which the successor ef- each member is elected the expiration of the terms for which they were elected. Thereafter, all succeeding terms of members shall be for six years. Members shall serve until their successors are elected appointed and qualified. A chairman shall be selected by the members of the commission from its membership on a rotating annual basis.
{b} (c) The commission shall be vested with such jurisdiction, powers, and duties as provided by law.
(c) The filling of vacancies ad manner and time ef election ef members ef on the commission shall be as provided by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES ( ) NO
Shall the Constitution be amended so as to provide that future members of the Public Service Commission shall be appointed by the Governor from among nominees who are nominated on the basis of their qualifica tions with respect to ability to rule impartially and knowledgeably on matters involving regulation of utilities with the goal of ensuring ade quate utility supplies at the lowest practical rates?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
The following amendment was read:
Representative Lawrence of the 49th moves to amend HR 332 as follows:
MONDAY, FEBRUARY 25, 1991
1169
Add after the word "Governor" on Page 1, Line 3 the words "with the advice and con sent of the Senate."
Add after the word "Governor" on Page 1, Line 18 the words "by the advice and con sent of the Senate, provided two-thirds of the Senators present concur, and..."
Add after the word "Governor" on Page 2, Line 21 the words ", with the advice and consent of the Senate,".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abernathy
N Adams Y Aiken N Alford Y Atkins N Baker N Balkcom
Barfoot
N Bargeron Barnett.B
Y Barnett,M Bates
Y Beatty N Benefield N Birdsong
Blitch N Bordeaux N Bostick N Branch Y Breedlove N Brooks Y Brown Y Brush NBuck N Buckner
Byrd Y Campbell N Canty
Carrell N Carter N Chafm N Chambless N Cheeks N Childers Y Clark,E Y Clark.H
Y Clark.L Y Coker N Coleman N Colwell
N Connell N Culbreth N Cummings,B N Cummings,M N Davis.G Y Davis,M Y Dixon.H
Dixon.S N Dobbs N Dover N Dunn N Edwards Y Elliott Y Felton Y Fennel N Floyd,J.M N Floyd,J.W N Flynt
Godbee N Golden Y Goodwin Y Green N Greene Y Griffin N Groover
Hamilton N Hammond N Hanner N Harri8,B N Harris,J Y Heard N Henson
N Herbert N Hightower N Holland N Holmes N Howard N Hudson N Irwin N Jackson N Jamieson Y Jenkins
Y Jones N Kilgore NKing Y Kingston
Y Klein YLadd N Lane,0 Y Lane.R E Langford Y Lawrence
Lawson
NLee NLong
Lord
Lucas Y Lupton YMann
N Martin N McCoy N McKelvey Y McKinney,B N McKinney.C Y Meadows
N Merritt N Milam N Mills
N Mobley N Moody Y Morsberger N Moultrie Y Mueller N Oliver.C N Oliver.M NOrr
N Orrock N Padgett NParham N Parrish N Patten
Pelote N Perry N Pettit Y PinhoUter
Pinkston NPoag N Porter
NPoston N Powell,A Y Powell.C N Purcell N Randall YRay N Reaves
Redding N Ricketson N Royal Y Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith,L
Y Smith.P N Smith,T Y Smith,W
N Smyre N Snow
N Stancil,F Y Stencil,S N Stanley N Stephens N Streat N Taylor NTeper N Thomas.C Y Thomas,M N Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend N Turnquest
Twiggs N Valenti
Y Vaughan N Walker,J N Walker.L YWall
Ware N Watson N Watts Y White Y Wilder Y Williams,B
Williams,.; Y Williams,R N Yeargin
Murphy.Spkr
On the adoption of the amendment, the ayes were 52, nays 107. The amendment was lost.
Representative Fennel of the 155th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams N Aiken
Y Alford N Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
N Branch Y Breedlove Y Brooks N Brown
N Brush YBuck
Y Buckner YByrd
Y Campbell Y Canty
Carrell Y Carter
1170
JOURNAL OF THE HOUSE,
YChafin Y Chambless Y Cheeks Y Childen Y Clark,E N Clark.H
N Clark,L Y Coker Y Coleman Y ColweU Y Connell Y Culbreth Y Cummings.B Y Cummings,M
Y Davis,G N Davis.M
N Dixon,H Diion.S
YDobbs Y Dover YDunn Y Edwards Y Elliott Y Pelton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
Godbee Y Golden
N Goodwin Y Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J N Heard
Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Jamieson
N Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd YLane.D
N Lane,R
E Langford N Lawrence Y Lawson
YLee YLong YLord Y Lucas Y Lupton NMann Y Martin YMcCoy Y McKelvey Y McKinney,B N McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley N Moody N Morsberger N Moultrie Y Mueller
N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinks ton
YPoag Y Porter YPoston
Y PowelU N Powell.C Y Purcell YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal
YSelman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith,L Y Smith,P Y Smith.T
Y Smith,W YSmyre YSnow Y Stancil,F
N Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C N Thomas,M Y Thomas,N
Thurmond N Titus N Tolbert N Townsend Y Turnquest
Twiggs Y Valenti
N Vaughan Y Walker,J Y Walker.L N Wall
Ware Y Watson
Y Watts Y White N Wilder Y Williams.B
Williams.J Y Williams,R Y Yeargin
Murphy ,Spkr
On the adoption of the Resolution, the ayes were 139, nays 29.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
Representatives Carrell of the 65th and Godbee of the 110th stated that they had been called from the floor of the House during the preceding roll call. They wished to be
recorded as voting "aye" thereon.
Representative Oliver of the 121st stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 381. By Representatives Long of the 142nd, Royal of the 144th, Titus of the 143rd and Patten of the 149th:
A resolution commending Trooper First Class Henry W. "Hank" Fielding, Jr., and inviting him to appear before the House of Representatives.
HR 382. By Representative Ricketson of the 82nd:
A resolution commending the Lincoln County High School Lady Red Devils softball team and coach and inviting them to appear before the House of Representatives.
HR 383. By Representative Ray of the 98th:
A resolution commending the Fifth Annual Georgia Peach Festival and invit ing a representative of the festival to appear before the House.
The Speaker Pro Tern assumed the Chair.
MONDAY, FEBRUARY 25, 1991
1171
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:
HB 133. By Representatives Parham of the 105th, Barnett of the 10th and Harris of the 84th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Anno tated, relating to records of the Department of Public Safety, so as to change certain provisions regarding access to certain motor vehicle records.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, so as to change certain provisions regarding access to certain motor vehicle records; to provide for an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to records of the Department of Public Safety, is amended by striking subsection (j) in its entirety and inserting in lieu thereof a new subsection (j) to read as follows:
"(j) Except as otherwise provided in this Code section, the department shall not fur nish to any person any compilations of the names or addresses of licensees or applicants for licenses or the names or addresses of persons involved in motor vehicle accidents for commercial purposes, except that the department shall furnish such information to any person, company, or entity engaged in the gathering or dissemination of news for the public or to a person involved in research. The department is authorized to establish regulations to implement the requirements of this Code section."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 105, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HR 317. By Representative Watson of the 114th:
A resolution directing the House Industry Committee to create a special Public Utilities' Promotional Practices Study Subcommittee.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 94, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.
1172
JOURNAL OF THE HOUSE,
HB 706. By Representatives Balkcom of the 140th, Meadows of the 91st, Moultrie of the 93rd and McKelvey of the 15th:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to prohibited acts within parks, historic sites, and recreational areas, so as to make parking of vehicles in certain places unlawful.
The following amendment was read and adopted:
Representative Groover of the 99th moves to amend HB 706 as follows:
Add after "supplies" on line 20 page 2 the following:
"no schedule of parking fees shall be effective until adopted under the same procedure as the adoption of rules under the Administrative Procedure Act".
The following amendment was read:
Representatives Stephens of the 68th and Porter of the 119th move to amend HB 706 as follows:
Line 3, page 1 after the word "areas" add "and natural areas".
Page 2, lines 7, 11 and 15 after the word areas add "natural areas".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken YAlford N Atkins Y Baker N Balkcom YBarfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown N Brush YBuck N Buckner YByrd Y Campbell Y Canty Y Carrell N Carter Y Chafm
Chambless
Y Cheeks Y Childere Y Clark,E
Y Clark,H
Y Clark,L N Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Davis.G Y Davis.M Y Dixon.H Dixon.S Dobbs Y Dover Dunn N Edwards Y Elliott Y Felton Y Fennel N Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden YGoodwin Y Green Y Greene Y Griffin N Groover
Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower
Y Holland Y Holmes Y Howard
Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston N Klein YLadd
Lane.D Y Lane.R
Langford Y Lawrence YLawson NLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy N McKelvey
McKinney,B N McKinney.C N Meadows Y Merritt YMilam
Y Mills
Y Mobley N Moody N Morsberger N Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr YOrrock
Y Padgett YParham YParrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinks ton NPoag Y Porter Y Poston Y Powell.A N Powell.C Y Purcell Y Randall
YRay Y Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield
Y Skipper Y Smith.L
On the adoption of the amendment, the ayes were 136, nays 21.
Y Smith.P Y Smith,T
Y Smith.W Y Smyre YSnow Y Stancil,F
Y Stancil,S Stanley
Y Stephens Streat
Y Taylor
Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker,L YWall
Ware Y Watson
N Watts White
Y Wilder Y Williams,B
Williams.J
Y WiUiams,R Y Yeargin
Murphy,Spkr
MONDAY, FEBRUARY 25, 1991
1173
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, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield
Y Birdsong Y Blitch Y Bordeaux Y Bostick N Branch Y Breedlove Y Brooks Y Brown N Brush YBuck Y Buckner
YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafm
Chambless
Y Cheeks Y Childere Y Clark.E Y Clark.H
Y Clark,L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis,G
N Davis,M Y Dixon.H Y Di*on,S
Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden YGoodwin Y Green Y Greene Y Griffin
Groover Hamilton Y Hammond N Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton NMann Y Martin Y McCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham Y Parrish
Y Patten Y Pelote N Perry
Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor
Teper Y Thomas.C
Y Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker,L N Wall
Ware
Y Watson Y Watts
White Y Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 155, nays 8.
The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker assumed the Chair.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Judiciary and referred to the Committee on Industrial Relations:
HB 815. By Representative Connell of the 87th:
A bill to amend Part 1 of Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the payment of workers' compensa tion benefits for medical attention, so as to revise provisions relative to reha bilitation benefits.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
1174
JOURNAL OF THE HOUSE,
HB 333. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-2-55 of the Official Code of Georgia Anno tated, relating to collection of delinquent taxes through attachment and gar nishment, so as to change certain provisions regarding garnishment procedures available to the state revenue commissioner.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 208. By Representatives Oliver of the 53rd, Lawrence of the 49th and Pinkston of the 100th:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide that business records required to be kept by state law or an administrative rule or regulation promulgated pursu ant to state law shall be retained for a period of three years.
The following Committee substitute was read and adopted:
A BILL
To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide that business records required to be kept by state law or an administrative rule or regulation promulgated pursuant to state law may be destroyed after three years without constituting an offense under such law; to provide for definitions; to provide for exceptions; 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 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by adding at the end thereof a new Chapter 11 to read as follows:
"CHAPTER 11
10-11-1. As used in this chapter, the term: (1) 'Business record' means letters, words, sounds, or numbers, or the equivalent
of letters, words, sounds, or numbers, recorded in the operation of a business by hand writing, typewriting, printing, photostat, photograph, magnetic impulse, mechanical or electronic recording, or another form of data compilation.
(2) 'Reproduction' means a counterpart of an original business record created by production from the same impression on the same matrix as the original; photograph, including an enlargement or miniature; mechanical or electronic rerecording; chemical reproduction; or another technique that accurately reproduces the original. 10-11-2. Unless a specific period is designated by law for their preservation, business records which persons pursuant to the laws of this state are required to keep or preserve may be destroyed after the expiration of three years from the making of such records without constituting an offense under such laws. This Code section does not apply to minute books of corporations or to records of sales or other transactions involving weap ons or poisons capable of use in the commission of crimes. 10-11-3. If, in the regular course of business, a person makes reproductions of origi nal business records, the preservation of such reproductions constitutes compliance with any laws of this state requiring that business records be kept or preserved."
MONDAY, FEBRUARY 25, 1991
1175
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 448. By Representatives Benefield of the 72nd, Herbert of the 76th, Buckner of the 72nd, King of the 72nd, Chafin of the 72nd and others:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to where offenses are bailable, procedures, schedules of bails, and appeal bonds, so as to provide that certain offenses are bailable only before a judicial officer when such offenses involve family violence and sub stantial injury.
The following amendment was read and adopted:
The Committee on Judiciary moves to amend HB 448 by inserting on line 3 of page 2 after the word "officer" the following:
"when the arresting officer is of the opinion that the danger of further violence to or harassment or intimidation of the victim is such as to make it desirable that the consid emraadtieo"n. of the imposition of additional --co--nd--iti--on--s as --he--re--in--a--fte--r --au--th--ori--ze--d --sho--u--ld --be
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed, as amended.
The Speaker announced the House in recess until 1:30 o'clock this afternoon.
1176
JOURNAL OF THE HOUSE,
AFTERNOON SESSION
The Speaker called the House to order.
Representative Lucas of the 102nd District, Chairman of the Committee on Human Relations & Aging, submitted the following report:
Mr. Speaker: Your Committee on Human Relations & Aging has had under consideration the fol
lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 654 Do Pass, by Substitute Respectfully submitted,
IB/ Lucas of the 102nd Chairman
The following Resolutions of the House were read and adopted:
HR 386. By Representatives Lupton of the 25th, Orrock of the 30th, Sherrill of the 47th, Martin of the 26th, Connell of the 87th and others: A resolution expressing sympathy at the passing of Ann Lyon Crammond.
HR 387. By Representatives Powell of the 13th and Clark of the 13th: A resolution expressing regret at the passing of Honorable Mid Strickland.
HR 388. By Representatives Powell of the 13th and Clark of the 13th: A resolution expressing regret at the passing of Mr. Pete Herndon.
HR 389. By Representatives Powell of the 13th and Clark of the 13th: A resolution expressing regret at the passing of Dr. Charles Raymond Wilson.
HR 390. By Representatives Bostick of the 138th, Groover of the 99th and Walker of the 115th: A resolution commending Honorable Joseph Bowie Gray.
HR 391. By Representatives Buckner of the 72nd, Lee of the 72nd, Benefield of the 72nd, King of the 72nd and Chafin of the 72nd: A resolution commending and recognizing the City of Morrow Police Depart ment and Morrow Elementary School.
HR 392. By Representatives Alford of the 57th and Irwin of the 57th: A resolution congratulating the Conyers Lions Club on the occasion of its 50th anniversary.
HR 393. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A resolution recognizing the General Electric Company.
MONDAY, FEBRUARY 25, 1991
1177
HR 394. By Representatives King of the 72nd, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and Buckner of the 72nd:
A resolution commending Riverdale High School.
HR 395. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution recognizing the Hammond Generating Plant of Georgia Power Company.
HR 396. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution recognizing the Saw Mill of the Linerboard Division of Inland Container Corporation.
HR 397. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution recognizing the Box Factory of Inland Container Corporation.
HR 398. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th:
A resolution recognizing the Paper Mill of Inland-Rome, Inc.
Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was taken up for consideration and read the third time:
HR 349. By Representative Poag of the 3rd: A resolution designating the Woody Glenn Highway.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Y Abernathy Y Adams
Aiken YAlford Y Atkins
Baker Y Balkcom
Barfoot Y Bargeron Y Barnett,B Y Barnett,M
Bates
Y Beatty Y Benefield Y Birdsong
Blitch Bordeaux Bostick Y Branch Y Breedlove Brooks Brown Brush
Y Buck Y Buckner
Byrd Y Campbell
Canty Y Carrell
Carter Chafin Chambless Y Cheeks Y Childers Y Clark,E
Y Clark.H Clark.L
Y Coker
Coleman Colwell Connell Y Culbreth Y Cummings.B Cummings,M Y Davis.G Davis,M
Dixon.H Y Dixon.S Y Dobbs
Dover Dunn Y Edwards Y Elliott Felton Y Fennel Y Floyd,J.M Y Floyd.J.W Flynt
Y Godbee Golden Goodwin
Y Green Greene
Y Griffin Y Groover
Hamilton Y Hammond Y Manner
Harris.B
Y Harris,J Y Heard Y Henson Y Herbert
Hightower Y Holland
Holmes Y Howard Y Hudson Y Irwin Y Jackson
Jaraieson
Jenkins Y Jones
Kilgore
King Kingston Y Klein Y Ladd Y Lane.D Y Lane.R Langford Y Lawrence
Lawson Y Lee
Long Lord Lucas Lupton Y Mann Martin Y McCoy Y McKelvey McKinney.B McKinney.C
Y Meadows Merritt Milam
Mills Y Mobley Y Moody
Morsberger Y Moultrie
Mueller Y Oliver.C
Oliver.M
1178
JOURNAL OF THE HOUSE,
YOrr Orrock Padgett Parham
Y Parrish Patten
Y Pelote Perry Pettit
Y Pinholster Pinkston
Y Poag Porter
Poston Powell,A Y Powell.C Y Purcell Y Randall Y Ray Reaves Redding Y Ricketson Y Royal Selman Y Sherrill Simpson
Sinkfield Y Skipper
Smith.L Y Smith,P
Smith.T Y Smith,W Y Smyre
Snow Y Stancil,F Y Stancil.S
Stanley Stephens Y Street
Y Taylor Teper Thomas.C Thomas,M Thomas,N Thurmond
Y Titus Tolbert Townsend Turnquest Twiggs
Y Valenti Y Vaughan
Y Walker,J Walker.L
Y Wall Ware Watson
Y Watts White
Y Wilder Williams.B Williams,J
Y Williams,R Y Yeargin
Murphy.Spkr
On the adoption of the Resolution, the ayes were 91, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 350. By Representatives Hightower of the 36th and McKinney of the 40th:
A resolution recognizing and congratulating the citizens of the City of Hapeville upon the observance of their Centennial Celebration; inviting Hon orable Roy Gibson, mayor of the City of Hapeville, to appear before the House of Representatives.
HR 351. By Representative Hightower of the 36th:
A resolution recognizing and congratulating the citizens of the City of College Park upon the observance of their Centennial Celebration; inviting Honor able T. Owen Smith, mayor of the City of College Park, to appear before the House of Representatives.
The Speaker Pro Tern assumed the Chair.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:
HB 567. By Representatives Coker of the 21st, Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st and Clark of the 20th (Post 4):
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide that a person who is con victed of the offense of public indecency three or more times shall be guilty of a felony.
The following amendments were read and adopted:
Representative Coker of the 21st moves to amend HB 567 as follows: Add after "indecency" on line 2 page 2 the following: "for the violation of paragraphs 2, 3 or 4 of subsection (a)".
MONDAY, FEBRUARY 25, 1991
1179
Representative Childers of the 15th moves to amend HB 567 as follows: By adding on line 14 page 1 after the word "he" the words or "she".
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 101, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 290. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Martin of the 26th and Oliver of the 53rd:
A resolution creating the Joint Workers' Compensation Task Force.
The following amendment was read and adopted:
Representatives Smyre of the 92nd and Lee of the 72nd move to amend HR 290 as follows:
Change on page 3 line 17 the figure 20 to the figure 10.
The following amendment was read and lost:
Representative Griffin of the 6th moves to amend HR 290 as follows:
Add after "force" on page 2 line 18 the following:
"the legislative members shall be without vote as to recommendations for specific leg islative action."
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the ayes were 115, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HB 238. By Representatives Birdsong of the 104th, Jenkins of the 80th and Moody of the 153rd:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the indemnification of certain persons killed or permanently disabled in the line of duty, so as to provide for the indemni fication of any emergency management rescue specialist who is killed or per manently disabled on or after January 1, 1991.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom Barfoot
Y Bargeron
Y Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield Y Birdsong
1180
JOURNAL OF THE HOUSE,
Y Blitch Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks N Brown Y Brush YBuck Y Buckner
Byrd Y Campbell
Canty YCarrell
Carter YChafln E Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark,L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Cummings,M Y Davis,G N Davis.M Dixon,H Y Dixon,S
YDobbs Y Dover YDunn Y Edwards Y Elliott Y Felton
Fennel Y FloydJ.M Y FloydJ.W YFlynt YGodbee Y Golden YGoodwin Y Green Y Greene Y Griffin
Groover Hamilton Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard YHenson Y Herbert Y Hightower Y Holland N Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd YLane,D Y Lane,R Y Langford Y Lawrence Y Lawaon YLee YLong
Lord Lucas Y Lupton YMann Martin YMcCoy Y McKelvey Y McKinney,B N McKinney.C Y Meadows Y Merritt Milam Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish Y Patten N Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell,C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith,P Y Smith.T Y Smith,W
YSmyre YSnow Y Stancil.F
Stancil.S Y Stanley
Stephens Y Streat Y Taylor Y Teper Y Thomas,C N Thomas.M Y Thomas.N
Thurmond Y Titus Y Tolbert Y Townsend N Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ
Walker.L YWall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams,R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, the ayes were 139, nays 7. The Bill, having received the requisite constitutional majority, was passed.
HB 175. By Representative Reaves of the 147th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to create a new Arti cle 29 to be entitled the "Farm Equipment Warranty Act".
The following Committee substitute was read and withdrawn:
A BILL
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to create a new Article 29 to be entitled the "Farm Equipment Warranty Act"; to provide a short title; to provide for definitions; to provide for notice to the consumer; to provide a form for the notice; to provide for the manufacturer's duty to repair; to provide for the manufacturer's duty to refund the pur chase price or replace the farm equipment; to provide for extension of warranties; to pro vide for alternative dispute settlement proceedings; to provide procedures for alternative dispute settlement proceedings; to provide for affirmative defenses; to provide for limita tion on actions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 29 to read as fol lows:
"ARTICLE 29
10-1-810. This article shall be known and may be cited as the 'Farm Equipment Warranty Act.'
MONDAY, FEBRUARY 25, 1991
1181
10-1-811. As used in this article, the term: (1) 'Consumer' means a purchaser, other than for purposes of resale, of new farm
equipment, a person to whom the new farm equipment is transferred for the same purposes during the duration of an express warranty applicable to the farm equip ment, and any other person entitled by the terms of the warranty to enforce the terms of the warranty. In the case of agricultural equipment within the warranty period, the sale must be made through an authorized farm equipment dealer.
(2) 'Farm equipment' means any equipment or machinery, whether self-propelled or powered by any other engine form, which is designed primarily for pulling or pro pelling agricultural machinery and implements that derive their power from the selfpropelled equipment or machinery or other engine form and is used principally in the occupation or business of farming, including an implement of husbandry that is selfpropelled.
(3) 'Manufacturer' means a person engaged in the business of manufacturing, assembling, or distributing farm equipment who, under normal business conditions during the year, manufactures, assembles, or distributes to dealers at least ten new pieces of farm equipment.
(4) 'Manufacturer's express warranty' or 'warranty' means the written warranty of the manufacturer of new farm equipment of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that war ranty.
(5) 'Nonconformity' means any condition of the farm equipment that makes it impossible to use for the purpose for which it was intended.
(6) 'Reasonable allowance for prior use' means the number of field hours per formed by the farm equipment before the consumer's request for a replacement or refund, multiplied by the purchase price, divided by 10,000 hours; provided, however, that such number shall not exceed 10 percent of the purchase price per year, with any portion of a year to be prorated; provided, further, that if such farm equipment does not contain a meter, the value shall be calculated in accordance with the North American Equipment Dealers Association Official Guide by reference to the reasonable rental value, if any is shown; the present retail value of the farm equip ment compared to the original price; or the actual time of usage as compared to the life of the farm equipment, whichever of these amounts is less; provided, however, that such number shall not exceed 10 percent of the purchase price per year, with any por tion of a year to be prorated.
10-1-812. At the time of purchase the manufacturer must provide directly to the con sumer a written statement on a separate piece of paper, in ten-point all capital type, in substantially the following form: 'IMPORTANT: IF THIS EQUIPMENT IS DEFEC TIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO REPLACEMENT OF IT OR A REFUND OF ITS PURCHASE PRICE. HOWEVER, TO BE ENTITLED TO REFUND OR REPLACEMENT, YOU MUST FIRST NOTIFY THE MANUFAC TURER OR ITS AGENT AND ITS AUTHORIZED DEALER OF THE PROBLEM IN WRITING AND GIVE THEM AN OPPORTUNITY TO REPAIR THE EQUIP MENT.'
10-1-813. If the farm equipment does not conform to applicable express written war ranties and the consumer reports the nonconformity to the manufacturer and its autho rized dealer during the term of the express written warranties or during the period of one year following the date of the original delivery of the farm equipment to the con sumer, whichever is later, the manufacturer or its authorized dealers shall make the repairs necessary to make the farm equipment conform to the express written warran ties, notwithstanding that the repairs are made after the expiration of the warranty term or the one-year period.
10-1-814. (a) If the manufacturer or its authorized dealers are unable to make the farm equipment conform to any applicable express written warranty by repairing or cor recting any condition which substantially impairs the use or market value of the farm equipment to the consumer within the time periods and after the number of attempts specified in subsection (c) of this Code section, the manufacturer, through its authorized
1182
JOURNAL OF THE HOUSE,
dealer who sold the farm equipment, shall, at the option of the consumer, replace the farm equipment with comparable farm equipment, charging the consumer only a reason able allowance for the consumer's use of the farm equipment, or accept the return of the farm equipment from the consumer and refund to the consumer the cash purchase price, including sales tax, license fees, registration fees, and any similar governmental charges, less a reasonable allowance for prior use. Refunds shall be made to the con sumer and lienholder, if any, as their interests may appear in the county superior court clerk's office. If no replacement or refund is made, the consumer may bring a civil action against the manufacturer to enforce the obligation. No action may be brought unless the manufacturer has received prior direct written notification from or on behalf of the con sumer and has been offered the opportunities, as set forth in subsection (c) of this Code section, to cure the condition alleged within a reasonable time that is not to exceed 30 business days.
(b) No dealer or distributor shall be held liable by the manufacturer or by the con sumer for any collateral charges, damages, costs, purchase price refunds, or replace ments, and manufacturers and consumers shall not have a cause of action against a dealer or distributor.
(c) The replacement or refund obligation specified in subsection (a) of this Code sec tion shall arise if the manufacturer or its authorized dealers are unable to make the farm equipment conform to applicable express written warranties within the express written warranty term or during the period of one year following the date of the original physi cal delivery of the farm equipment to the consumer, whichever is the later date, and the same nonconformity has been subject to repair four or more times by the manufacturer or its authorized dealers, but such nonconformity continues to exist or the farm equip ment is out of service by reason of repair of the same nonconformity for a cumulative total of 30 or more business days when the service department of the authorized dealer in possession of the farm equipment is open for purposes of repair, provided that days when the consumer has been provided by the manufacturer or its authorized dealers with the use of another piece of farm equipment which performs the same function shall not be counted.
10-1-815. The terms of any express written warranty, the one-year period, and the 30 day repair period shall be extended by any period of time during which repair ser vices or replacement parts are not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster.
10-1-816. (a) If a manufacturer has established, or participates in, an informal dis pute settlement procedure which substantially complies with the provisions of the Code of Federal Regulations, Title 16, Part 703, as amended, and the requirements of this Code section, the provisions of Code Section 10-1-814 concerning refunds or replacement do not apply to a consumer who has not first used this procedure.
(b) The findings and decisions in an informal dispute settlement procedure shall address and state in writing whether the consumer would be entitled to a refund or replacement under the presumptions and criteria set out in Code Section 10-1-814, and are admissible as nonbinding evidence in any legal action and are not subject to further evidentiary foundation requirements.
(c) If, in an informal dispute settlement procedure, it is decided that a consumer is entitled to replacement equipment under Code Section 10-1-814, then the consumer has the option of selecting and receiving either the replacement equipment or a full refund as authorized by Code Section 10-1-814. Any refund selected by a consumer shall include all amounts authorized by Code Section 10-1-814.
(d) (1) In any informal dispute settlement procedure provided for by this Code sec tion:
(A) No documents shall be received by any informal dispute settlement panel unless those documents have been provided to each of the parties in the dispute prior to the panel's meeting, with an opportunity for the parties to comment on the documents in writing, or with oral presentation at the request of the panel;
(B) Nonvoting manufacturer or dealer representatives shall not attend or partici pate in the internal dispute settlement procedures unless the consumer is also
MONDAY, FEBRUARY 25, 1991
1183
present and given a chance to be heard, or unless the consumer previously consents to the manufacturer or dealer participation without the consumer's presence and participation;
(C) Consumers shall be given an adequate opportunity to contest a manufactur er's assertion that a nonconformity falls within intended specifications for the equipment by having the basis of the manufacturer's claim appraised by a technical expert selected and paid for by the consumer prior to the informal dispute settle ment hearing;
(D) No disputes shall be heard where there has been a recent attempt by the manufacturer to repair a consumer's equipment, but no response has yet been received by the informal dispute panel from the consumer as to whether the repairs were successfully completed. This provision shall not prejudice a consumer's rights under this Code section nor shall it extend the informal dispute panel's 40 day time limit for deciding disputes, as established by the Code of Federal Regulations, Title 16, Part 703; and
(E) The manufacturer shall provide and the informal dispute settlement panel shall consider all information relevant to resolving the dispute, such as the prior dis pute records and information required by the Code of Federal Regulations, Title 16, Part 703.6, and any relevant technical service bulletins which may have been issued by the manufacturer or lessor regarding the equipment being disputed. (2) A settlement reached under this Code section is binding on all participating parties. (e) No consumer shall be required to participate in an informal dispute settlement procedure before filing an action in court if the informal dispute settlement procedure does not comply with the requirements of this Code section, notwithstanding the procedure's compliance with the Code of Federal Regulations, Title 16, Part 703. (f) Any consumer injured by a violation of this Code section may bring a civil action to enforce this Code section and recover costs and disbursements, including reasonable attorney's fees. 10-1-817. It shall be an affirmative defense to claims under this article that: (1) An alleged nonconformity does not substantially impair such use and market value; or (2) A nonconformity is the result of abuse or neglect, or of modifications or altera tions of the farm equipment not authorized by the manufacturer. 10-1-818. Any action brought under this article shall be commenced within six months following: (1) Expiration of the express written warranty term; or (2) One year following the date of the original delivery of the farm equipment to the customer, whichever is later. 10-1-819. Nothing in this article limits the rights or remedies which are otherwise available to a consumer under any other provisions of law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Godbee of the 110th, et al., was read and adopted:
A BILL
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to create a new Article 29 to be entitled the "Farm Tractor Warranty Act"; to provide a short title; to provide for definitions; to pro vide for notice to the consumer; to provide a form for the notice; to provide for the manu facturer's duty to repair; to provide for the manufacturer's duty to refund the purchase price or replace the farm tractor; to provide for extension of warranties; to provide for alternative dispute settlement proceedings; to provide procedures for alternative dispute settlement proceedings; to provide for affirmative defenses; to provide for limitation on actions; to provide for related matters; to repeal conflicting laws; and for other purposes.
1184
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 29 to read as fol lows:
"ARTICLE 29
10-1-810. This article shall be known and may be cited as the 'Farm Tractor War ranty Act.'
10-1-811. As used in this article, the term: (1) 'Consumer' means a purchaser, other than for purposes of resale, of a new farm
tractor, a person to whom the new farm tractor is transferred for the same purposes during the duration of an express warranty applicable to the farm tractor, and any other person entitled by the terms of the warranty to enforce the terms of the war ranty. In the case of an agricultural vehicle within the warranty period, the sale must be made through an authorized farm tractor dealer.
(2) 'Farm tractor' means any self-propelled vehicle which is designed primarily for pulling or propelling agricultural machinery and implements and is used principally in the occupation or business of farming, including an implement of husbandry that is self-propelled.
(3) 'Manufacturer' means a person engaged in the business of manufacturing, assembling, or distributing farm tractors who, under normal business conditions dur ing the year, manufactures, assembles, or distributes to dealers at least ten new farm tractors.
(4) 'Manufacturer's express warranty' or 'warranty' means the written warranty of the manufacturer of a new farm tractor of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that war ranty.
(5) 'Nonconformity' means any condition of the farm tractor that makes it impos sible to use for the purpose for which it was intended.
(6) 'Reasonable allowance for prior use' means the number of field hours per formed by the farm tractor before the consumer's request for a replacement or refund, multiplied by the purchase price, divided by 10,000 hours; provided, however, that such number shall not exceed 10 percent of the purchase price per year, with any por tion of a year to be prorated; provided, further, that if such farm tractor does not con tain a meter, the value shall be calculated in accordance with the North American Equipment Dealers Association Official Guide by reference to the reasonable rental value, if any is shown; the present retail value of the farm tractor compared to the original price; or the actual time of usage as compared to the life of the farm tractor, whichever of these amounts is less; provided, however, that such number shall not exceed 10 percent of the purchase price per year, with any portion of a year to be prorated. 10-1-812. At the time of purchase the manufacturer must provide directly to the con sumer a written statement on a separate piece of paper, in ten-point all capital type, in substantially the following form: 'IMPORTANT: IF THIS FARM TRACTOR IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO REPLACE MENT OF IT OR A REFUND OF ITS PURCHASE PRICE. HOWEVER, TO BE ENTITLED TO REFUND OR REPLACEMENT, YOU MUST FIRST NOTIFY THE MANUFACTURER OR ITS AGENT AND ITS AUTHORIZED DEALER OF THE PROBLEM IN WRITING AND GIVE THEM AN OPPORTUNITY TO REPAIR THE FARM TRACTOR.' 10-1-813. If the farm tractor does not conform to applicable express written warran ties and the consumer reports the nonconformity to the manufacturer and its authorized dealer during the term of the express written warranties or during the period of one year following the date of the original delivery of the farm tractor to the consumer, whichever is later, the manufacturer or its authorized dealers shall make the repairs necessary to make the farm tractor conform to the express written warranties, notwithstanding that the repairs are made after the expiration of the warranty term or the one-year period.
MONDAY, FEBRUARY 25, 1991
1185
10-1-814. (a) If the manufacturer or its authorized dealers are unable to make the farm tractor conform to any applicable express written warranty by repairing or correct ing any condition which substantially impairs the use or market value of the farm trac tor to the consumer within the time periods and after the number of attempts specified in subsection (c) of this Code section, the manufacturer, through its authorized dealer who sold the farm tractor, shall, at the option of the consumer, replace the farm tractor with a comparable farm tractor, charging the consumer only a reasonable allowance for the consumer's use of the farm tractor, or accept the return of the farm tractor from the consumer and refund to the consumer the cash purchase price, including sales tax, license fees, registration fees, and any similar governmental charges, less a reasonable allowance for prior use. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear in the county superior court clerk's office. If no replace ment or refund is made, the consumer may bring a civil action against the manufacturer to enforce the obligation. No action may be brought unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has been offered the opportunities, as set forth in subsection (c) of this Code section, to cure the condition alleged within a reasonable time that is not to exceed 30 business days.
(b) No dealer or distributor shall be held liable by the manufacturer or by the con sumer for any collateral charges, damages, costs, purchase price refunds, or replace ments, and manufacturers and consumers shall not have a cause of action against a dealer or distributor.
(c) The replacement or refund obligation specified in subsection (a) of this Code sec tion shall arise if the manufacturer or its authorized dealers are unable to make the farm tractor conform to applicable express written warranties within the express written war ranty term or during the period of one year following the date of the original physical delivery of the farm tractor to the consumer, whichever is the later date, and the same nonconformity has been subject to repair four or more times by the manufacturer or its authorized dealers, but such nonconformity continues to exist or the farm tractor is out of service by reason of repair of the same nonconformity for a cumulative total of 30 or more business days when the service department of the authorized dealer in posses sion of the farm tractor is open for purposes of repair, provided that days when the con sumer has been provided by the manufacturer or its authorized dealers with the use of another farm tractor which performs the same function shall not be counted.
10-1-815. The terms of any express written warranty, the one-year period, and the 30 day repair period shall be extended by any period of time during which repair ser vices or replacement parts are not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster.
10-1-816. (a) If a manufacturer has established, or participates in, an informal dis pute settlement procedure which substantially complies with the provisions of the Code of Federal Regulations, Title 16, Part 703, as amended, and the requirements of this Code section, the provisions of Code Section 10-1-814 concerning refunds or replacement do not apply to a consumer who has not first used this procedure.
(b) The findings and decisions in an informal dispute settlement procedure shall address and state in writing whether the consumer would be entitled to a refund or replacement under the presumptions and criteria set out in Code Section 10-1-814, and are admissible as nonbinding evidence in any legal action and are not subject to further evidentiary foundation requirements.
(c) If, in an informal dispute settlement procedure, it is decided that a consumer is entitled to a replacement farm tractor under Code Section 10-1-814, then the consumer has the option of selecting and receiving either the replacement farm tractor or a full refund as authorized by Code Section 10-1-814. Any refund selected by a consumer shall include all amounts authorized by Code Section 10-1-814.
(d) (1) In any informal dispute settlement procedure provided for by this Code sec tion:
(A) No documents shall be received by any informal dispute settlement panel unless those documents have been provided to each of the parties in the dispute prior to the panel's meeting, with an opportunity for the parties to comment on the documents in writing, or with oral presentation at the request of the panel;
1186
JOURNAL OF THE HOUSE,
(B) Nonvoting manufacturer or dealer representatives shall not attend or partici pate in the internal dispute settlement procedures unless the consumer is also present and given a chance to be heard, or unless the consumer previously consents to the manufacturer or dealer participation without the consumer's presence and participation;
(C) Consumers shall be given an adequate opportunity to contest a manufactur er's assertion that a nonconformity falls within intended specifications for the farm tractor by having the basis of the manufacturer's claim appraised by a technical expert selected and paid for by the consumer prior to the informal dispute settle ment hearing;
(D) No disputes shall be heard where there has been a recent attempt by the manufacturer to repair a consumer's farm tractor, but no response has yet been received by the informal dispute panel from the consumer as to whether the repairs were successfully completed. This provision shall not prejudice a consumer's rights under this Code section nor shall it extend the informal dispute panel's 40 day time limit for deciding disputes, as established by the Code of Federal Regulations, Title 16, Part 703; and
(E) The manufacturer shall provide and the informal dispute settlement panel shall consider all information relevant to resolving the dispute, such as the prior dis pute records and information required by the Code of Federal Regulations, Title 16, Part 703.6, and any relevant technical service bulletins which may have been issued by the manufacturer or lessor regarding the farm tractor being disputed. (2) A settlement reached under this Code section is binding on all participating parties. (e) No consumer shall be required to participate in an informal dispute settlement procedure before filing an action in court if the informal dispute settlement procedure does not comply with the requirements of this Code section, notwithstanding the procedure's compliance with the Code of Federal Regulations, Title 16, Part 703. (f) Any consumer injured by a violation of this Code section may bring a civil action to enforce this Code section and recover costs and disbursements, including reasonable attorney's fees. 10-1-817. It shall be an affirmative defense to claims under this article that: (1) An alleged nonconformity does not substantially impair such use and market value; or (2) A nonconformity is the result of abuse or neglect, or of modifications or altera tions of the farm tractor not authorized by the manufacturer. 10-1-818. Any action brought under this article shall be commenced within six months following: (1) Expiration of the express written warranty term; or (2) One year following the date of the original delivery of the farm tractor to the customer, whichever is later. 10-1-819. Nothing in this article limits the rights or remedies which are otherwise available to a consumer under any other provisions of law."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker YBalkcom
Barfoot Y Bargeron Y Barnett,B Y Barnett.M N Bates Y Beatty Y Benefield
Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Y Brown N Brush Y Buck Y Buckner Y Byrd Y Campbell
Canty
Y Carrell Y Carter Y Chafm E Chambless Y Cheeks Y Childers Y Clark.E
MONDAY, FEBRUARY 25, 1991
1187
Clark.H Y Clark,L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings.B
Gummings,M
Y Davis,G Y Davis.M
Dixon.H
Y Dixon,S YDobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel
Y FloydJ.M Y Floyd,J.W Y Flynt YGodbee
Y Golden YGoodwin Y Green
Greene Y Griffin
Y Groover Hamilton
Y Hammond Y Hanner Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford N Lawrence Y Lawson
YLee NLong
Lord Y Lucas
Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C
Y Meadows Merritt Milam Mills
Y Mobley Y Moody Y Morsberger
Y Moultrie Y Mueller Y Oliver.C Y 01iver,M YOrr
Orrock Y Padgett Y Parham Y Parrish N Patten Y Pelote
Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay Y Reaves
Redding Y Ricketson
Royal Y Selman Y Sherrill Y Simpson
Sinkfield Y Skipper Y Smith.L Y Smith.P Y Smith.T
Smith.W Y Smyre YSnow
Y Stancil.F Y Stancil.S
Stanley Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Walker,L Y Wall Ware Y Watson Y Watts Y White Y Wilder Y Williams,B Williams.J N Williams,R Y Yeargin Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 136, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 646. By Representatives Parham of the 105th, Jackson of the 9th and Barnett of the 10th:
A bill to amend Code Section 10-1-651 of the Official Code of Georgia Anno tated, relating to termination, cancellation, or nonrenewal of a motor vehicle franchise, so as to provide that the protections afforded to motor vehicle dealers shall be available to a motor vehicle distributor.
The following amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 646 as follows: Page 1 - Line 16 Strike the word "discontinued" and insert "terminated," Page 1 - line 17 Strike "an" and insert "a" Page 1 - Line 18 Strike "importer" and insert "manufacturer".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom Barfoot
Y Bargeron
Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield
Y Birdsong
1188
JOURNAL OF THE HOUSE,
Y Blitch Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter Y Chafin E Chambless Y Cheeks Y Childers Y Clark,E
Clark.H Y Clark,L
Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings,B
Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M
Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin
Groover Hamilton Y Hammond Hanner
Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson
YLee YLong YLord
Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B McKinney.C
Y Meadows Merritt
Milam Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr
Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter
Y Poston Y Powell,A Y Powell,C
Y Purcell Randall
YRay
Y Reaves Y Redding Y Ricketson
Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith.T Y Smith,W
Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley
Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M
Thomas.N Thurmond Y Titus
Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan
Y Walker,J Walker.L
Y Wall Ware
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, as amended, the ayes were 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 804. By Representative Lane of the 27th:
A bill to amend Article 3 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia State Games Commission, so as to change the provisions relating to membership of the commission.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy
Y Adams Y Aiken
Y Alford Y Atkins
Baker Y Balkcom
Barfoot Y Bargeron
Barnett.B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin E Chambless Y Cheeks Y Childers Y Clark.E
Clark,H Y Clark,L Y Coker Y Coleman Y Colwell
Connell
Y Culbreth Y Cummings.B
Cummings,M
Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
YDunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y FloydJ.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Y Groover Hamilton
Y Hammond Manner
Y Harris,B
Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane.D Y Lane.R Y Langford
Y Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Mills
Y Mobley Y Moody
MONDAY, FEBRUARY 25, 1991
1189
Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr
Orrock
Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit
Y Pinholster Pinkston
YPoag Y Porter YPoston Y PowelLA Y Powell,C Y Purcell
Randall YRay
Y Reaves Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith,P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley
Y Stephens Y Streat Y Taylor Y Teper
Thomas.C Y Thomas,M
Thomas.N Thurmond Y Titus Y Tolbert Y Townsend Turnquest Y Twiggs Y Valenti
Y Vaughan Y Walker,J
Walker,L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R
Yeargin Murphy.Spkr
On the passage of the Bill, the ayes were 149, nays 0. The Bill, having received the requisite constitutional majority, was
HB 605. By Representative Heard of the 43rd:
A bill to amend Code Section 8-2-3 of the Official Code of Georgia Anno tated, relating to requirements for toilets, shower heads, and faucets in build ings, so as to change effective dates; to prohibit the sale of certain toilets.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Balkcom Barfoot Y Bargeron Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell Canty Y Carrell Y Carter Y Chafm E Chambless Y Cheeks Y Childers Y Clark,E Clark.H
Y Clark,L Y Coker
Y Coleman Y Colwell
Connell Y Culbreth
Y Cummings.B Cummings,M
Y Davis,G Y Davis,M Y Dim,H Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W
Flynt Y Godbee Y Golden YGoodwin Y Green Y Greene Y Griffin Y Groover
Hamilton
Y Hammond Y Manner Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin
Y Jackson Y Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong
YLord Y Lucas
Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt
Milam Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr Y Orrock
Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson
Y Royal Y Selman Y Sherrill
Simpson Y Sinkfield Y Skipper Y Sroith.L
Y Smith.P Y Smith.T Y Smith,W YSmyre YSnow Y Stancil,F
Y Stancil,S Y Stanley
Stephens Y Streat N Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas.N
Thurmond Y Titus
Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J
Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder
Y Williams.B Williams,J
Y Williams,R Y Yeargin
Murphy .Spkr
On the passage of the Bill, the ayes were 149, nays 1. The Bill, having received the requisite constitutional majority, was passed.
1190
JOURNAL OF THE HOUSE,
HB 450. By Representatives Snow of the 1st, Mobley of the 64th, Padgett of the 86th, Coker of the 21st, Dixon of the 128th and others:
A bill to amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner.
The following Committee substitute was read and adopted:
A BILL
To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, so as to provide that the policy of the state is that all bills owed by the state and its institutions and agencies will be paid in a timely manner; to define certain terms; to provide for certain prompt payment methods; to provide for interest charges on late pay ments by the state; to provide for disputes between vendors and state agencies; to provide methods of interest charge payments in certain circumstances; to provide for purchases with federal funds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Administrative Services and state purchasing in general, is amended by adding at the end thereof a new Code Section 50-5-82 to read as follows:
"50-5-82. (a) This Code section shall be known and may be cited as the 'Georgia Prompt Payment Act.'
(b) As used in this Code section, the term: (1) 'Proper invoice' means an invoice which conforms with all statutory require
ments and with all requirements specified by the state agency to which the invoice is submitted if:
(A) Such requirements have been adopted by formal action of the state agency taken prior to the transaction to which the invoice applies; and
(B) The state agency made such requirements available to vendors. (2) 'Purchase' means the purchase of goods or services by a state agency, the pur chase or lease of personal property by a state agency, or the lease of real property by a state agency. (3) 'State agency' means the State of Georgia and each state agency, office, board, bureau, commission, department, branch, division, authority, or institution or any project supported by state funds. (4) 'Vendor' means any person who sells goods or services to any state agency, sells or leases personal property to a state agency, or leases real property to a state agency. (c) It is the policy of this state that payment for all purchases by the state and state agencies will be made promptly. (d) The time at which payment for a purchase by a state agency is due shall be cal culated from the later of: (1) The date on which a proper invoice is received by the state agency; or (2) The date:
(A) On which delivery of personal property is accepted by the state agency; (B) On which services are completed; (C) On which the rental period begins; or (D) On which the state agency and vendor agree upon in a contract or in amend ments to a contract which may provide dates relative to payment periods. (e) Each state agency shall establish procedures whereby each invoice received by the state agency shall be marked as having been received on the date on which it is first
MONDAY, FEBRUARY 25, 1991
1191
delivered into the hands of an agent or employee of the state agency or is first delivered to a facility or office of the state agency. The date so marked shall be the date on which the invoice is received, except that any vendor may himself establish the date on which an invoice was received by a state agency by mailing the invoice to the state agency by certified mail, return receipt requested.
(f) The time at which payment shall be due from a state agency shall be 30 days from the date specified in subsection (d) of this Code section.
(g) If the contract or purchase order under which a purchase is made allows for par tial deliveries and a proper invoice is submitted for such a partial delivery, then the time for payment for such partial delivery shall be calculated from the time of such partial delivery and submission of such invoice in the same manner as provided in subsection (d) of this Code section.
(h) All payments due from state agencies and not made within the time specified by this Code section shall bear interest from the date they are due at the rate of no more than 1 percent per month, provided that, in order for interest to accrue on an invoice, the vendor must place on the face of its bid or proposal and invoice a statement indicat ing that terms of payment are 'net 30 days' and that 'a service charge or interest charge of 1 percent per month will be charged on accounts not paid within 30 days of the date of invoice.' In any case where a state agency pays interest charges under this Code sec tion, the interest rate shall be no more than 1 percent per month. Any overdue period of less than one month shall be considered as one month in computing interest. Unpaid interest shall compound monthly. With respect to each past due payment, interest shall cease to accrue after interest on that payment has accrued for 12 months. For purposes of this Code section, one month shall constitute a period beginning on any day of one month and ending on the same day of the following month.
(i) When paying an invoice upon which any interest has accrued, each state agency shall calculate and make payment of such accrued interest at the same time as the prin cipal amount is paid. When an interest payment is made, the payment must be accom panied by a notice stating the amount of interest paid, the interest rate used, and the period for which the interest is being paid.
(j) Nothing contained in this Code section shall be construed so as to prohibit a ven dor and a state agency from agreeing to terms which vary from the provisions contained in this Code section, provided that the state agency indicates any such intent in the invitation to bid or request for proposal.
(k) In any case in which an improper invoice is submitted, the state agency shall within seven calendar days after the improper invoice is received by it deliver or mail to the vendor a written notice that the invoice is improper. Such notice shall state what corrective action on the part of the vendor is needed to make the invoice proper. An error on the vendor's invoice, if corrected and returned to the state agency by the ven dor within ten calendar days of being contacted by the state agency, shall not result in the vendor being paid late. Failure by a state agency to give written notice that an invoice is improper within such seven-day period shall result in the improper invoice being considered as a proper invoice for purposes of computing the date on which inter est begins to accrue. If the vendor fails to submit a proper invoice within the ten-day period after such written notice is actually given, then interest shall as of such date cease to accrue until such time as payment becomes due following submission of a proper invoice.
(1) For purposes of this Code section, the date on which a state agency makes pay ment shall be the date on which payment is delivered to the vendor or is postmarked as having been deposited in the United States mail for delivery to the vendor, whichever is earlier. Payment checks shall be mailed or transmitted on or about the same day for which the check is dated.
(m) In the event a dispute occurs between a vendor and a state agency concerning payment of an invoice, such disagreement shall be finally determined by the state agency as provided in this Code section. Each state agency shall establish a dispute reso lution procedure to be followed by the state agency in cases of such disputes. Such pro cedure shall provide that proceedings to resolve the dispute shall be commenced not
1192
JOURNAL OF THE HOUSE,
later than 30 calendar days after the date on which the proper invoice was received by the state agency and shall he concluded hy final decision of the state agency not later than 60 calendar days after the date on which the proper invoice was received by the state agency. Such procedures shall not be subject to Chapter 13 of this title, the 'Geor gia Administrative Procedure Act'; and such procedures shall not constitute an adminis trative proceeding which prohibits a court from deciding de novo any action arising out of the dispute. If the dispute is resolved in favor of the state agency, then interest shall begin to accrue 15 calendar days after the state agency's final decision. If the dispute is resolved in favor of the vendor, then interest shall begin to accrue as of the original date the payment became due.
(n) A state agency which intends to pay for a purchase with federal funds shall not make such purchase without reasonable assurance that federal funds to cover the cost thereof will be received. Where payment or the time of payment is contingent on receipt of federal funds or federal approval, any contract and any solicitation to bid shall clearly state such contingency.
(o) Any interest payment required by this Code section shall be made from funds appropriated or otherwise available to the purchasing state agency. No state agency shall request any new or increased appropriation to fund interest payments required by this Code section.
(p) Each state agency shall establish procedures to document time taken to pay invoices to vendors. Each state agency shall during January and July of each year report to the Appropriations Committees of the House of Representatives and the Senate the number of invoices bearing interest charge payments made by it during the preceding six months and the total amount of such payments made under this Code section. The Office of Planning and Budget shall coordinate the gathering of each state agency report and submit the reports to the Appropriations Committees."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Balkcom
Barfoot Y Bargeron
Barnett.B Y Barnett.M Y Bates
Y Beatty Y Benefield N Birdsong N Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown Y Brush YBuck
N Buckner YByrd Y Campbell
Canty Carrell
Y Carter Y Chafin
E Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H Y Clark,L Y Coker Y Coleman N Colwell
Connell Y Culbreth N CummingsJB
Cummings,M Davis.G Y Davis.M N Dixon.H
Y Dixon.S Y Dobbs
Dover
YDunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W NFlynt YGodbee Y Golden YGoodwin Y Green
Y Greene Y Griffin
N Groover Y Hamilton
Y Hammond Hanner
Y Harris,B Y Harris,J Y Heard N Henson N Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson Ylrwin Y Jackson N Jamieson Y Jenkins Y Jones
Y Kilgore YKing Y Kingston Y Klein
NLadd Y Lane.D Y Lane,R Y Langford Y Lawrence N Lawson
YLee NLong YLord Y Lucas Y Lupton YMann
Martin YMcCoy Y McKelvey Y McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver,M YOrr Orrock
Y Padgett YParham Y Parrish N Patten Y Pelote Y Perry
Y Pettit
Y Pinholster Pinkston
NPoag Porter
Y Poston Y Powell.A Y Powell,C Y Purcell
Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper Y Smith.L
Y Smith,P N Smith.T Y Smith,W Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor
MONDAY, FEBRUARY 25, 1991
1193
YTeper Y Thomas,C YThomas.M YThomas.N
Thurmond
Titus Y Tolbert Y Townsend
Turnquest Y Twiggs
N Valenti Y Vaughan Y Walker,J Y Walker,L Y WaU
Ware Y Watson Y Watts Y White Y Wilder
Y Williams,B William8,J
Y WiIliams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 135, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
The Speaker assumed the Chair.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:
HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1990-1991.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 284
The Committee of Conference on HB 284 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 284 be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
fa/ C. Donald Johnson, Jr Senator, 47th District
/s/ Terry Coleman Representative, 118th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Larry Walker Representative, 115th District
/s/ Wayne Garner Senator, 30th District
Is/ Thomas B. Buck, III Representative, 95th District
A BILL
To amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", approved April 17, 1990 (Ga. L. 1990, p. 2338), as amended, so as to change certain appropriations for the State Fiscal Year 1990-1991; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act providing appropriations for the State Fiscal Year 1990-1991, as amended, known as the "General Appropriations Act" approved April 17, 1990 (Ga. L. 1990, p. 2338), is further amended by striking everything following the enacting clause through Section 83, expressly preserving section 84, and by substituting in lieu thereof the following:
1194
JOURNAL OF THE HOUSE,
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1990, and ending June 30, 1991, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $7,461,512,616 (including $35,512,616 in the Indigent Trust Fund) for State Fiscal Year 1991.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Georgia General
Assembly ..................................................................$ Personal Services - Staff ................................................................$ Personal Services - Elected
Officials .........................................................................................$ Regular Operating Expenses .........................................................$ Travel - Staff ...................................................................................$ Travel - Elected Officials...............................................................! Capital Outlay .........................................................,.......................$
Computer Charges............................. Real Estate Rentals .......................... Telecommunications ......................... Per Diem, Fees and Contracts
Staff ................................................. Per Diem, Fees and Contracts
Elected Officials............................. Photography ....................................... Expense Reimbursement Account.. Total Funds Budgeted...................... State Funds Budgeted......................
22,267,906 11,138,327
3,728,308 2,286,815
104,500 3,500 0
124,661 443,554
5,896 670,000
193,179
2,378,166 63,000
1.128,000 22,267,906 22,267,906
Senate Functional Budgets
Total Funds
State Funds
Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total
$
4,173,328
$
603,288
$
1,097,551
$
5,874,167
4,173,328 603,288
1,097,551 5,874,167
House Functional Budgets
Total Funds
State Funds
House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office Total
8,487,097
440,610 1,100,372 10,028,079
8,487,097
440,610 1,100,372 10,028,079
Joint Functional Budgets
Total Funds
State Funds
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office
$
2,255,972
$
2,029,059
$
842,564
2,255,972 2,029,059
842,564
MONDAY, FEBRUARY 25, 1991
1195
Ancillary Activities Total
$
1,238,065
$
6,365,660
$
1,238,065
$
6,365,660
For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, 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, con sider 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 Sen ate and the House of Representatives; for Code Revision; for equipment, supplies, furnish ings, 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...................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Per Diem, Fees and Contracts ......................................................$ Real Estate Rentals ........................................................................$ Computer Charges...........................................................................$ Telecommunications .....................,.................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
15,307,258
12,993,660 372,246 747,777 0 9,500 32,500 792,014 267,986 91,575
15,307,258 15,307,258
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$
4.532,793
1196
JOURNAL OF THE HOUSE,
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?
Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$
Operation of the Courts ................................................,................$ Prosecuting Attorneys' Council.....................................................! Sentence Review Panel ..................................................................$ Council of Superior
Court Judges ................................................................................$ Judicial Administrative
Districts.........................................................................................! Habeas Corpus Clerk......................................................................! Total Funds Budgeted............,.......................................................! State Funds Budgeted............,.......................................................!
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts............................................,.................!
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education...................,..............................!
Institute's Operations.....................................................................! Georgia Magistrate Courts
Training Council..........................................................................! Total Funds Budgeted.....:.........................................................,....! State Funds Budgeted....................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council.............................................................!
Council Operations..........................................................................! Payments to Judicial
Administrative Districts for Case Counting..............................................................................! Board of Court Reporting..............................................................! Payment to Council of Magistrate Court Judges...............................................................................! Payment to Council of Probate Court Judges................................................................................! Payment to Council of State Court Judges..........,.....................................................................! Payment to Resource Center.........................................................! Payment to Computerized Information Network..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................!
3,173,893 1,358,900 4,532,793 4,532,793
5,696,903 4,879,449
817,454 5,696,903 5,696,903
41.500,121 38,755,818 1,402,370
155,940
97,659
1,073,334 15,000
41,500,121 41,500,121
833,373
584,242 453,712
130,530 584,242 584,242
1,965,599 894,288
76,500 35,689
26,000
20,000
12,000 240,000
661,122 1,965,599 1,965,599
124,316
MONDAY, FEBRUARY 25, 1991
1197
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
Council....................................
996.945
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services.
A. Budget Unit: Department of Administrative Services .........................................$
Administration and Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Rents and Maintenance Expense .................................................$ Utilities .............................................................................................$
Payments to DOAS Fiscal Administration .............................................................................$
Capital Outlay .................................................................................$
Direct Payments to Georgia Building Authority for Operations ....................................................................................$
Telephone Billings ..........................................................................$ Materials for Resale........................................................................! Public Safety Officers
Indemnity Fund...........................................................................$ Health Planning Review Board
Operations....................................................................................! Georgia Golf Hall of Fame
Operations....................................................................................! Authorities Liability
Reserve Fund ...............................................................................$ Grants to Counties..........................................................................! Grants to Municipalities................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
38,530,149
49,418,885 10,994,340
323,550 434,500 2,098,708 8,541,664 3,704,822 1,297,980 459,800 12,918,050 37,900
2,000,000 362,000
2,267,412 38,345,900 14,600,000
304,400
37,600
23,500
0 1,300,000 2.100.000 151,571,011 38,530,149
Department of Administrative Services Functional Budgets
Total Funds
State Funds
State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration
412,552 4,734,782
12,847,466
14,455,832 2,962,205
912,683
548,193
412,552 4,703,581
10,847,466
0 2,962,205
0
548,193
1198
JOURNAL OP THE HOUSE,
Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total
$
49,357,384
$
4,099,033
$
49,496,178
$
6,938,867
$
1,716,067
$
1,012,865
$
2,076,904
$ 151,571,011
$
13,206,152
$
0
$
5,850,000
$
0
$
0
$
0
$
0
$
38,530,149
B. Budget Unit: Georgia Building Georgia Building Authority Budget:
Travel................................................. Motor Vehicle Purchases ................
Real Estate Rentals .........................
Capital Outlay .................................. Utilities ............ .................................. Fuel..................................................... Facilities Renovations Total Funds Budgeted..................... State Funds Budgeted
...................................I
..................................$ ..................................$
..................................$ ..................................$
..................................$ ..................................$ ..................................$ ..................................$ ..................................$ ..................................$ ..................................$
..................................$ ..................................$
..... ......... ...... .
0
20,842,102 5,091,403
26,794 244,000 167,706 52,434 17,357 120,456 146,000 3,235,000 7,966,638 230,422
0
0 38,140,312
0
Georgia Building Authority Functional Budgets
Total Funds
State Funds
Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total
$
2,018,096
$
0
$
5,249,281
$
0
$
4,935,623
$
0
$
5,402,724
$
0
$
363,301
$
0
$
5,408,063
$
0
$
13,640,758
$
0
$
1,122,466
$
0
$
0
$
0
$
38,140,312
$
0
Section 12. Agency for the Removal of Hazardous Materials.
Budget Unit: Agency for the Removal of Hazardous Materials ..............................................$
Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$
114,641
3,482,825 2,829,996
460,800 155,245 199,200
1,000 0
20,000 500,000
MONDAY, FEBRUARY 25, 1991
1199
Capital Outlay .................................................................................$ Utilities .............................................................................................$ Total Funds Budgeted....................................................................$
State Funds Budgeted....................................................................$
0 0 7,649,066
114,641
Section 13. Department of Agriculture.
A. Budget Unit: Department of Agriculture ...............................................................$
State Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Market Bulletin Postage................................................................! Payments to Athens and Tifton Veterinary Laboratories.............................................................! Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro.....................................................................................! Veterinary Fees........................................,.......................................! Indemnities.......................................................................................! Bee Indemnities...............................................................................! Advertising Contract.......................................................................! Payments to Georgia Agrirama Development Authority for Operations....................................................................................! Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.........................................................! Capital Outlay.................................................................................! Contract - Federation of Southern Cooperatives................................................................! Tick Control Program ....................................................................$ Poultry Indemnities........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
34,620,486
30,479,488 3,530,183
930,524 521,608 90,500 370,676 731,153 395,000 238,461 700,000
2,347,886
2,004,106 412,000 84,000 60,000 193,000
560,790
350,000 0
56,400 40,000
0 44,095,775 34,620,486
Department of Agriculture Functional Budgets
Total Funds
State Funds
Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology
5,110,648 6,810,361 1,951,744 3,723,702 4,445,116 1,475,710 3,027,459
6,362,647 4,282,923 4,321,193
417,045
4,761,648 6,501,361 1,906,940 3,723,702 4,377,319 1,475,710 3,011,872
4,661,287 1,607,132
701,243 0
1200
JOURNAL OF THE HOUSE,
Entomology and Pesticides Total
2,167.227 44,095,775
B. Budget Unit: Georgia Agrirama Development Authority ........,................................$
Georgia Agrirama Development Authority Budget:
Personal Services..........................................................,..................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Pees and Contracts ......................................................$ Capital Outlay.................................................................................! Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
Section 14. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance .............................................................$ Administration and Examination Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 15. Department of Community Affairs. Budget Unit: Department of
Community Affairs.................................................! State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment.................................................................................,......! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Felony Expenses................................................................! Contracts with Regional
Development Commissions........................................................! Local Assistance Grants.................................................................! Appalachian Regional Commission
Assessment...................................................................................! Community Development Block
Grants (Federal)..........................................................................!
1,892,272 34,620,486
670,499 164,436
5,450 0
5,494 0 0
7,933 36,167 203,300 95,000 1,188,279
0
6,847,667
5,674,646 264,344 309,368 175,581 20,100 116,628 232,000 53,000 2,000
6,847,667 6,847,667
14,906,617
5,717,898 281,022 170,207 0 20,560 123,509 482,916 55,783 142,000 0
2,467,500 1,371,520
110,959
30,000,000
MONDAY, FEBRUARY 25, 1991
1201
Music Hall of Fame ........................................................................$ Local Development Fund...............................................................$
Payment to Georgia Residential Finance Authority .......................................................................$
Payment to Georgia Environmental Facilities Authority for...............................................................$
Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
47,000 950,000
5,000,000
446,894 47,387,768 14,906,617
Department of Community Affairs Functional Budgets
Total Funds
State Funds
Executive and Administrative Technical Assistance Financial Assistance Rural Development Coordinated Planning Total
928,202 1,426,506 42,316,019 1,145,021 1,572,020 47,387,768
900,702
$
1,247,487
10,216,100
1,105,021
1,437,307
14,906,617
Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..........................................................$ Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Utilities.............................................................................................! Court Costs.......................................................................................! County Subsidy...............................................................................! County Subsidy for Jails................................................................! County Workcamp Construction
Grants............................................................................................! Grants for Local Jails.....................................................................! Central Repair Fund.......................................................................! Payments to Central State
Hospital for Meals.......................................................................! Payments to Central State
Hospital for Utilities...................................................................! Payments to Public Safety
for Meals.......................................................................................! Inmate Release Fund......................................................................! Health Services Purchases.............................................................! Payments to MAG for Health
Care Certification........................................................................! University of Georgia -
Cooperative Extension Service Contracts.........................................................................! Minor Construction Fund..............................................................! Authority Lease Rentals................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! Georgia Correctional Industries....................................................!
437,152,821 316,056,420 40,081,330
1,782,416 4,009,000 4,645,861 2,866,969 4,518,421 3,727,604 2,366,202
105,000 11,550,000
433,101 12,775,000 8,700,000
0 0 783,750
3,652,000
1,276,000
438,000 1,513,011 20,902,736
50,000
325,000 2,000,000
100.000 444,657,821
450,000 0
1202
JOURNAL OF THE HOUSE,
State Funds Budgeted...............................................................
437,152,821
Departmental Functional Budgets
Total Funds
State Funds
Administration Institutions and Support Probation Total
53,707,206 313,700,490 77,250,125 $ 444,657,821
$
53,209,206
$ 313,353,490
$
70.590,125
$ 437,152,821
B. Budget Unit: Board of Pardons and Paroles ......................................................................$
Board of Pardons and Paroles Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Jail Subsidy........................................................................! Health Services Purchases.............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
35,000,340
28,064,493 1,157,777 819,034 316,500 200,678 444,000 2,151,754 1,031,321 627,951 608,000 5,000 35,426,508
35,000,340
Section 17. Department of Defense. Budget Unit: Department of Defense .........,......................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases............................................................,..! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts.................................,....................! Grants to Locals - Emergency
Management Assistance.............................................................! Grants - Others................................................................................! Civil Air Patrol Contract...............................................................! Capital Outlay .................................................................................$ Repairs and Renovations...............................................................! Disaster Relief Payments...............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
8,197,999
8,381,101 4,383,508
73,382 0
41,300 23,125 6,260 144,673 212,535
1,044,200 51,000 38,304 5,720 20,900
12,000,000 26,426,008 8,197,999
Department of Defense Functional Budgets
Total Funds
State Funds
Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard Georgia Army National Guard
1,353,518
15,339,945 3,482,103 6,250,442
1,269,207
4,025,883 559,533
2,343,376
MONDAY, FEBRUARY 25, 1991
Total
$
26,426,008
Section 18. State Board of Education Department of Education.
Budget Unit: Department of Education.................................................................$
Operations: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Capital Outlay .................................................................................$ QBE Formula Grants: Kindergarten/Grades 1 - 3.............................................................$ Grades 4 - 8......................................................................................$ Grades 9 - 12....................................................................................$ High School Laboratories ..............................................................$ Vocational Education Laboratories .................................................................................$ Special Education............................................................................! Gifted ................................................................................................$ Remedial Education........................................................................! Staff Development and Professional Development..........................................................! Media................................................................................................! Indirect Cost....................................................................................! Pupil Transportation......................................................................! Mid-Term Adjustment...................................................................! Local Fair Share..............................................................................! Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................! In School Suspension......................................................................! Special Instructional Assistance ...................................................! Middle School Incentive ................................................................$ Special Education Low Incidence Grants..........................................................................! Non-QBE Grants: Education of Children of Low Income Families...........................................................................! Retirement (H.B. 272 and H.B. 1321) ..........................................................$ Instructional Services for the Handicapped.........................................................................! Removal of Architectural Barriers.........................................................................................! Tuition for the Multi-Handicapped.....................................................................! Severely Emotionally Disturbed...................................................! School Lunch (Federal) ..................................................................$ School Lunch (State)......................................................................! Supervision and Assessment of
1203
8,197,999
2,845.332.437
42,957,830 4,782,367 1,576,768
0 467,352 4,270,476 2,580,581 1,546,190 16,491,404 710,604 35,000
709,643,957 569,167,468 262,559,186 79,999,286
87,709,279 201,399,631 26,831,040 50,972,410
22,006,549 76,796,053 659,154,549 115,789,637 50,844,336 (517,913,074)
143,513,105 3,517,069 15,041,537 22,219,966 33,204,570
243,571
144,506,506
3,000,000
27,451,566
0
2,300,000 36,736,058 113,396,789 24,601,553
1204
JOURNAL OF THE HOUSE,
Students and Beginning Teachers and Performance Based Certification......................................................................! Regional Education Service Agencies ..........................................................................$
Georgia Learning Resources System...........................................................................................$
High School Program .....................................................................$ Special Education in
State Institutions.......................................,.................................$ Governor's Scholarships .................................................................$ Special Projects ..........................................................................,....$ Job Training Partnership Act .......................................................$
Vocational Research and Curriculum....................................................................................$
Salaries and Travel of Public Librarians.........................................................................!
Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library M & 0....................................................................$ Grants to Local School Systems
for Educational Purposes...........................................................! Child Care Lunch
Program (Federal).......................................................................! Chapter II - Block Grant
Flow Through...............................................................................! Payment of Federal Funds to
Board of Technical and Adult Education......................................................................................! Innovative Programs.......................................................................! Technology Grants..........................................................................! Limited English - Speaking Students Program.......................................................................! Drug Free School (Federal)...........................................................! Transistion Program for Refugees................................................! Emergency Immigrant Education Program........................................................................................! Title II Math/Science Grant (Federal).......................................................................................! Robert C. Byrd Scholarship (Federal).......................................................................................! QBE Weights Adjustment .............................................................$ Health Insurance - Non-Cert. Personnel and Retired Teachers...............................................! Pre-School Handicapped Program...............................................! Mentor Teachers.............................................................................! Middle School Counselors..............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!
5,057,263
6,786,750
4,514,231 17,283,398
3,628,600 940,743
1,109,408 3,084,680
266,540
10,122,041 4,267,290
834,085 3,777,271
0
16,787,825
10,026,258
14,101,678 1,707,789
150,000
4,237,867 9,016,723
100,000
100,000
345,900
216,000 0
59,583,875 1,360,000
0 3.750,002 3,223,267,386
0 2,845,332,437
Education Functional Budgets
Total Funds
State Funds
State Administration Instructional Programs Governor's Honors Program
!
9,552,570
!
18,096,325
!
1,188,775
8,937,329 8,686,221 1,111,479
MONDAY, FEBRUARY 25, 1991
Administrative Services Evaluation and Personnel
Development Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total
10,987,669
13,591,483 4,303,572
346,465
677,656 3,147,848,814
4,502,034 7,140,493
5.031.530 3,223,267,386
Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement
System ......................................................................$ Employees' Retirement System Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits to Retirees ........................................................................$ Employer Contribution ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 20. Forestry Commission.
Budget Unit: Forestry Commission....................................................! State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Contractual Research......................................................................! Payments to the University of
Georgia, School of Forestry for Forest Research.....................................................................! Ware County Grant for Southern Forest World................................................................................! Ware County Grant for Road Maintenance.................................................................................! Wood Energy Program...................................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
1205
6,984,786
13,134,675 2,881,852
346,465
677,656 2,787,021,840
4,243,672 6,834,983
4,471,479 2,845,332,437
0
1,367,057 225,050 14,000 0 7,000 290,000 191,000 35,000 836,250 0 0
2,965,357 0
34,417,892
29,303,911
6,000,889
174,520 618,778 1,389,191 96,083 40,224 995,304 554,485 236,000
0
28,200
60,000 0 0
39,497,585 34,417,892
1206
JOURNAL OF THE HOUSE,
Forestry Commission Functional Budgets
Total Funds
State Funds
Reforestation Field Services Wood Energy General Administration
and Support Total
$
4,001,270
$
33,007,918
$
0
$
2,488,397
$
39,497,585
$
1,355,270
$
30,574,225
$
0
$
2,488,397
$
34,417,892
Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of
Investigation ............................................................$
Operations Budget: Personal Services........................................................................,.....$ Regular Operating Expenses ..........................................................$ Travel...........................................................................................,.....$ Motor Vehicle Purchases ................................................................$ Equipment.........................................................................................$ Computer Charges............................................................................$ Real Estate Rentals .........................................................................$ Telecommunications ..................................................................,.....$ Per Diem, Fees and Contracts .......................................................$ Evidence Purchased.........................................................................$ Capital Outlay ..................................................................................$ Total Funds Budgeted.............................................................. ......$ Total State Funds Budgeted ................................................... ......$
36,408,707
26,595,362 2,295,807
491,361 1,306,418
520,737 601,906 1,841,500 1,871,456 457,286 420,000
6,874 36,408,707 36,408,707
Georgia Bureau of Investigation Functional Budgets
Total Funds
State Funds
Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total
$
3,092,470
$
8,418,122
$
11,427,606
$
6,586,607
$
6,883,902
$
36,408,707
$
3,092,470
$
8,418,122
$
11,427,606
$
6,586,607
$
6,883,902
$
36,408,707
Section 22. Office of the Governor. Budget Unit: Office of the Governor............................................ ......$
Personal Services.............................................................................$ Regular Operating Expenses ................................................... ......$ Travel.......................................................................................... ......$ Motor Vehicle Purchases ......................................................... ......$ Equipment.................................................................................. ......$ Computer Charges..................................................................... ......$ Real Estate Rentals .................................................................. ......$ Telecommunications ................................................................. ......$ Per Diem, Fees and Contracts ................................................ ......$ Cost of Operations ..........................................................................$ Mansion Allowance ................................................................... ......$ Governor's Emergency Fund ................................................... ......$ Intern Stipends and Travel..................................................... ......$ Art Grants of State Funds....................................................... ......$ Art Grants of Non-State Funds.............................................. ......$ Humanities Grant - State Funds..................................................$ Art Acquisitions - State Funds .....................................................$
20,102,690 9,573,177
494,830 182,329
0 67,666 252,113 805,769 177,246 33,094,341 2,831,820 40,000 3,125,000 152,280 2,825,201 325,910 47,500
0
MONDAY, FEBRUARY 25, 1991
1207
Children's Trust Fund Grants ......................................................$ Children and Youth Grants...........................................................! Juvenile Justice Grants ..................................................................$ Payments to Hazardous Waste
Management Authority ..............................................................$ Transition Fund ..............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$
0 95,000 1,349,936
232,000 50,000 55,722,118 20,102,690
Office of the Governor Functional Budgets
Total Funds
State Funds
Governor's Office Office of Fair
Employment Practices Office of Planning
and Budget Council for the Arts Office of Consumer Affairs State Energy Office Vocational Education
Advisory Council Office of Consumers'
Utility Council Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Commission on Children
and Youth Human Relations Commission Governor's Commission on Drug
Awareness and Prevention Total
6,199,100
879,234
4,908,051 3,853,272 2,297,507 33,238,243
332,972
627,027
732,858
1,608,150
359,781 160,045
525,878 55,722,118
$
6,199,100
$
799,234
4,908,051 3,334,272 2,297,507
359,999
132,972
627,027
463,552
461,150
359,781 160,045
0 20,102,690
Section 23. Department of Human Resources. A. Budget Unit: Departmental
Operations................................................................! 1. General Administration and
Support Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Postage..............................................................................................! Capital Outlay.................................................................................! Institutional Repairs and
Maintenance.................................................................................! Payments to DMA -
Community Care.........................................................................! Service Benefits for Children........................................................! Special Purpose Contracts.............................................................!
520.455.808
65,739,430 3,914,531 1,738,450
820,148 204,802 3,028,748 5,857,333 1,377,453 3,372,975 390,975 1,527,830
0
173,473
11,107,637 13,382,850
334,675
1208
JOURNAL OF THE HOUSE,
Purchase of Service Contracts...... Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................
36,378.760 149,350,070
638,300 68,073,809
General Administration and Support Functional Budgets
Total Funds
State Funds
Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and Direction Personnel
Indirect Cost Facilities Management Public Affairs Community/
Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office Of
Children and Youth Planning Councils Community Services
Block Grant Regulatory Services -
Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning and Development Agency Total
$
787,226
$
1,818,231
$
349,579
$
1,823,231
$
0
$
5,204,280
$
596,336
$
778,847
$
1,717,779
$
5,412,539
$
2,087,547
$
616,360
$
13,382,850
$
553,783
$
8,904,284
$
860,357
$
2,661,234
$
838,227
$
6,081,656
$
329,428
$
6,191,260
$
31,698,519
$
13,244,160
$
41,916,599
$
1,495,758
$ 149,350,070
787,226 1,818,231
349,579 1,823,231 (7,200,934) 3,693,947
596,336
778,847 1,717,779 5,212,539 2,087,547
616,360
12,795,132 153,822
850,357 2,661,234
494,860
1,415,779 246,928 391,403
4,805,385 12,316,515 18,218,948
1,442,758 68,073,809
2. Public Health Budget: Personal Services..................................................................... Regular Operating Expenses................................................. Travel........................................................................................ Motor Vehicle Purchases ....................................................... Equipment................................................................................ Computer Charges................................................................... Real Estate Rentals ................................................................ Telecommunications ............................................................... Per Diem, Fees and Contracts.............................................. Utilities .....................................................................................
Crippled Children Clinics. Grants for Regional
51,661,331 60,108,981
1,186,683 0
115,937 579,634 1,104,808 716,884 3,466,125
0 113,030 640,000
MONDAY, FEBRUARY 25, 1991
Intensive Infant Care...................... Grants for Regional
Maternal and Infant Care.............. Crippled Children Benefits................ Kidney Disease Benefits .................... Cancer Control Benefits..................... Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants.................................... Family Planning Benefits .................. Grant-In-Aid to Counties................... Purchase of Service Contracts .......... Special Purpose Contracts................. Total Funds Budgeted........................ Indirect DOAS Services Funding..... State Funds Budgeted........................
Public Health Functional Budgets
Total Funds
Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants Grant in Aid to Counties Community Health Management Community Care
855,914 309,015 1,315,165 1,890,712 1,035,974 1,047,230
1,985,367 1,193,047
688,337
1,927,417
1,819,163 13,162,551 5,638,233 3,207,808 10,286,692 60,865,998 1,740,391 12,357,161 1,327,409
686,517 4,014,001 1,333,477 5,502,135 2,991,980
10,704,549 974,898
3,694,670
3,974,324 57,479,391
491,240 3,202,228
1209
0
2,055,000 7,600,000
381,572 2,837,470
1,858,000 515,582
70,042,904 12,929,928 6,225.350 224,139,219
549,718 127,744,384
State Funds
$
658,689
244,015
1,230,165
1,718,061
813,156
970,430
1,455,367 847,265 0
300,619
1,521,218 7,069,726 4,403,818
666,936 6,253,452
0 1,530,216 10,114,191 1,327,409
686,517 3,898,143
919,705 5,313,408 1,931,480
10,574,874 776,547
3,189,110
3,974,324 50,468,142
408,108 1,238,100
1210
JOURNAL OF THE HOUSE,
Aids Total
6,436,225 224,139,219
3,241,193 127,744,384
3. Rehabilitation Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Capital Outlay .................................................................................$ Postage..............................................................................................! Institutional Repairs and Maintenance.........................................................................! Case Services....................................................................................$ E.S.R.P. Case Services....................................................................! Special Purpose Contracts .............................................................$ Purchase of Services Contracts.....................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
68,575,270 10,105,001
799,782 115,275 474,681 2,025,090 3,272,696 1,434,453 4,575,550 977,500
0 429,550
330,660 16,292,650
27,000 929,640 7,619,116 117,983,914 100,000 24,817,916
Rehabilitation Services Functional Budgets
Total Funds
State Funds
Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total
4,062,482 1,024,272
7,621,581
19,942,394
13,272,503 25,152,124
817,995 36,984,464
548,859 1,645,390 6,467,165
444,685 117,983,914
!
1,243,795
!
868,847
!
1,294,708
$
5,305,124
$
765,195
!
0
!
0
$
7,651,086
!
343,859
!
778,452
!
6,137,165
!
429,685
!
24,817,916
4. Family and Children Services Budget: Personal Services........................ Regular Operating Expenses.... Travel........................................... Motor Vehicle Purchases.......... Equipment................................... Computer Charges...................... Real Estate Rentals ................... Telecommunications.................. Per Diem, Fees and Contracts.
14,655,087 1,517,281
409,604 0
56,117 15,781,856
242,803 1,296,064 5,729,970
MONDAY, FEBRUARY 25, 1991
Utilities............................................. Postage.............................................. Cash Benefits................................... Grants to County DFACS -
Operations .................................... Service Benefits for Children........ Special Purpose Contracts ............. Purchase of Service Contracts ...... Children's Trust Fund.................... Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................
Family and Children Services Functional Budgets
Total Funds
Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations -
Social Services County DFACS Operations -
Eligibility County DFACS Operations -
Joint and Administration County DFACS Operations -
Homemakers Services Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information
Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Program Support County DFACS Operations -
Employability Program Children's Trust Fund
Commission Total
1,398,919 354,526,410
100 10,051,000
64,671,913
99,013,654
47,870,281
7,266,023 2,512,000
821,768 4,630,778 3,992,563 4,831,158
18,647,119 2,825,993
0 2,971,311 1,976,046 26,346,790 3,417,626 1,374,279 4,613,880 23,747,656
145,000 736,032 1,319,763 3,291,983
3,408,892
1,307,130 697,716,067
Budget Unit Object Classes: Personal Services..................... Regular Operating Expenses.
1211
9,373 1,701,359 365,122,429
222,230,763 61,964,137 3,572,934 2,247,160 1.179.130 697,716,067 2,339,882 299,819,699
State Funds
0 136,438,948
100 0
14,865,328
49,282,244
23,631,061
7,266,023 0
821,768 3,771,485 3,992,563 2,313,519
7,593,519 2,825,993 (7,013,128) 1,465,696 1,976,046 18,768,142 2,946,000 1,179,601 3,373,991 16,415,983
145,000 736,032 1,297,308 3,135,356
1,283,991
1.307.130 299,819,699
200,631,118 75,645,794
1212
JOURNAL OF THE HOUSE,
Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Utilities.............................................................................................? Postage..............................................................................................? Capital Outlay.................................................................................? Grants for Regional
Intensive Infant Care..................................................................$ Grants for Regional
Maternal and Infant Care..........................................................? Crippled Children Benefits............................................................? Crippled Children Clinics..............................................................? Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................? Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants................................................................................? Family Planning Benefits..............................................................? Grant-In-Aid to Counties...............................................................? Payments to DMA-Community Care...........................................? Service Benefits for Children........................................................? Case Services....................................................................................? E.S.R.P. Case Services....................................................................? Cash Benefits...................................................................................? Grants for County DFACS Operations....................................................................................? Institutional Repairs and Maintenance.........................................................................? Special Purpose Contracts.............................................................? Purchase of Service Contracts ......................................................$ Children's Trust Fund....................................................................?
B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions...............................................................?
Departmental Operations: Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases.........................................,.....................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Utilities.............................................................................................? Capital Outlay.................................................................................? Authority Lease Rentals................................................................? Institutional Repairs and Maintenance.................................................................................? Grants to County-Owned Detention Centers.......................................................................? Substance Abuse
4,134,519 935,423 851,537
21,415,328 10,477,640 4,824,854 17,144,620 1,377,848 3,771,769
0
0
2,055,000 7,600,000
640,000 381,572 2,837,470
1,858,000 515,582
70,042,904 11,107,637 75,346,987 16,292,650
27,000 365,122,429
222,230,763
504,133 11,062,599 59,174,964 1,179,130
506,829,069
401,295,345 37,739,661
1,147,608 221,435
1,963,998 4,688,467 1,206,036 3,126,589 7,215,453 13,764,881
0 770,000
1,689,603
2,623,270
MONDAY, FEBRUARY 25, 1991
1213
Community Services ...................................................................$
Mental Retardation Community Services ...................................................................$
Mental Health Community Services ...................................................................$
Community Mental Health Center Services ............................................................................$
Special Purpose Contract...............................................................$
Service Benefits for Children ........................................................$ Purchase of Service Contracts ......................................................$ Total Funds Budgeted....................................................................$
Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$
45,092,837
91,314,665
18,607,105
61,226,517 1,515,144 5,590,730
588.664 701,388,008
2,404,100 506,829,069
Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets
Total Funds
State Funds
Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Developmental Disabilities
Grant Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship
40,546,761 31,756,997
31,201,224
23,463,965
29,834,980
30,886,052 134,408,408
25,928,963
47,282,160
23,726,388 3,341,322
9,920,142
4,550,076
996,008
69,104,960 18,273,624
691,549 479,632 4,670,723
61,226,517 397,124
1,413,128
274,923 333,481
25,403,204 13,217,415
26,122,414
20,349,485
22,344,776
22,902,993 84,675,704
21,249,636
23,655,290
18,520,767 2,490,671
9,836,812
2,969,325
0
41,368,960 18,273,624
663,084 479,632 1,452,528
47,796,697 397,124
1,191,128
274,923 333,481
1214
JOURNAL OF THE HOUSE,
Community Mental Retardation Staff
Community Mental Retardation Residential Services
Contract with Clayton County Board of Education for Autistic Children
MH/MR/SA Administration Regional Youth
Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/
Interstate Compact Assessment and
Classification Youth Services
Administration Total
3,876,960
16,828,051
75,773 10,566,068
19,659,650 10,956,059 7,647,101 4,095,009 4,047,608 13,707,081 2,844,463 1,016,627
718,903 7,078,135
727,034
450,390
2,383,989 701,388,008
Section 24. Department of Industry and Trade. Budget Unit: Department of Industry
State Operations Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................!
Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Local Welcome Center Contracts .................................................$ Advertising and Cooperative
Advertising...................................................................................! Georgia Ports Authority
Authority Lease Rentals.............................................................! Historic Chattahoochee
Commission Contract..................................................................! Georgia Council for
International Visitors.................................................,................! Waterway Development in
Georgia..........................................................................................! Georgia Music Week Promotion...................................................! Georgia World Congress Center
Operating Expenses ....................................................................$ Contract - Georgia Association
of Broadcasters............................................................................! Southern Center for
International Studies..................................................................!
3,876,960
16,828,051
75,773 7,269,310
19,169,650 10,568,206 7,571,658 3,970,286 3,602,880 13,707,081 2,844,463 1,016,627
718,903 6,078,135
727,034
450,390
2.383.989 506,829,069
16,806,179
7,723,943 1,381,906
332,191 0
31,572 114,640 646,358 210,500 259,613 234,800
4,814,110
1,785,000
84,600
23,500
47,000 33,250
0
49,820
23,500
MONDAY, FEBRUARY 25, 1991
1215
Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
0 17,796,303 16,806,179
Department of Industry and Trade Functional Budgets
Total Funds
State Funds
Administration Economic Development Tourism Total
$
4,489,997
$
5,356,668
$
7,949,638
$
17,796,303
$
3,679,997
$
5,196,668
!
7,929,514
$
16,806,179
Section 25. Department of Insurance. Budget Unit: Department of Insurance .............................................$ Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Health Care Utilization Review....................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
13,079,103
11,333,542 563,961 551,170 96,000 78,208 480,405 529,664 249,625 51,600 0
13,934,175 13,079,103
Department of Insurance Functional Budgets
Total Funds
State Funds
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total
$
2,250,634
$
6,096,318
$
626,668
!
4,960,555
$
13,934,175
$
2,250,634
!
5,951,318
$
626,668
$
4,250,483
!
13,079,103
Section 26. Department of Labor. Budget Unit: Department of Labor....................................................! State Operations:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and
Contracts (JTPA)........................................................................$ Per Diem, Fees and Contracts ......................................................$ W.I.N. Grants..................................................................................! Payments to State Treasury..........................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
7,399,923
62,811,602 5,381,433 1,021,174
0 458,221 3,566,198 1,243,596 1,415,647
64,634,911 1,787,506 0 1,774,078 1,143,000
145,237,366 7,399,923
1216
JOURNAL OF THE HOUSE,
Department of Labor Functional Budgets
Total Funds
State Funds
Executive Offices Administrative Services Employment and Training
Services Total
5,652,020 18,347,911
121.237,435 145,237,366
$
898,387
2,912,431
3,589,105 7,399,923
Section 27. Department of Law. Budget Unit: Department of Law.......................................................$ Attorney General's Office Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
9,302,692
8,187,485 423,635 131,057 0 11,205 223,905 462,241 98,164 265,000 110,000
9,912,692 9,302,692
Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses ....................,....................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Medicaid Benefits, Penalties
and Disallowances .......................................................................$ Payments to Counties for
Mental Health..............................................................................? Audit Contracts...............................................................................? SFY 1990 Benefits ..........................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
701,227,932
12,868,586 524,904 122,670 0 45,678
14,951,850 935,973 389,377
42,137,563
1,875,959,702
33,630,480 772,500
14,711,896 1,997,051,179
701,227,932
Medical Assistance Functional Budgets
Total Funds
State Funds
Commissioner's Office Program Management Systems Management Administration Program Integrity Institutional Policy
and Reimbursement Benefits, Penalties
and Disallowances
7,382,605 37,396,700 17,242,891 2,809,826 4,554,687
3,362,392
1,924,302,078
3,259,934 1,900,123 4,774,290
449,218 1,754,419
1,629,659
687,460,289
MONDAY, FEBRUARY 25, 1991
1217
Total
$ 1,997,051,179
701,227,932
B. Budget Unit: Indigent Trust Fund................................................$
35,512,616
Indigent Trust Fund Budget: Per Diem, Fees and Contracts.............................................$
Benefits ...................................................................................$ Total Funds Budgeted..........................................................? State Funds Budgeted ..........................................................$
721,239 91,351,916 92,073,155 35,512,616
Section 29. Merit System of Personnel Administration.
Budget Unit: Merit System of Personnel Administration ........................................................$
Departmental Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Equipment..................... ...................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Health Insurance Payments ..........................................................$ Total Funds Budgeted....................................................................$ Agency Assessments........................................................................? Employee and Employer Contributions...............................................................................$ Deferred Compensation..................................................................? State Funds......................................................................................!
0
8,236,268 1,772,096
84,509 52,553 3,022,096 885,042 415,177 63,182,877 583,214,646 660,865,264 9,805,941
650,823,869 137,454 0
Merit System Functional Budgets
Total Funds
State Funds
Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Total
$
2,734,280
$
$
1,222,248
$
1,275,376
1,336,488
17,762,290 632,365,177
2,641,762 1,527,643 660,865,264
Section 30. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources..................................................
Operations Budget: Personal Services............................................................. Regular Operating Expenses......................................... Travel................................................................................. Motor Vehicle Purchases............................................... Equipment........................................................................ Computer Charges........................................................... Real Estate Rentals ......................................................... Telecommunications ....................................................... Per Diem, Fees and Contracts......................................
70.302,446
60,706,524 11,290,415
440,234 1,316,369 1,356,803
668,896 1,837,353 1,061,588 1,300,386
1218
JOURNAL OF THE HOUSE,
Land and Water Conservation Grants............................................................................................!
Recreation Grants ...........................................................................$ Contract with U. S. Geological
Survey for Ground Water Resources Survey.........................................................................$ Contract with U.S. Geological Survey for Topographic Maps...................................................$
Capital Outlay - Repairs and Maintenance.........................................................................!
Capital Outlay - Shop Stock Parks .............................................................................................$
Capital Outlay-Heritage Trust......................................................? Authority Lease Rentals ................................................................$ Cost of Material for Resale ...........................................................$ Payments to Lake Lanier Islands
Development Authority ..............................................................$ Contract - Special Olympics,
Inc..................................................................................................! Georgia Sports Hall of Fame.........................................................? Capital Outlay - Heritage
Trust - Wildlife Management Area Land Acquisition................................................................! Capital Outlay - User Fee Enhancements - Parks................................................................! Capital Outlay - Buoy Maintenance.................................................................................? Capital Outlay - Consolidated Maintenance - Game and Fish..................................................? Technical Assistance Contract......................................................! Capital Outlay.................................................................................! Contract - Georgia Rural Water Association........................................................................? Contract - Corps of Engineers (Cold Water Creek St. Park).....................................................! Advertising and Promotion............................................................? Payments to Georgia Agricultural Exposition Authority..................................................................? Historic Preservation Grant..........................................................? Environmental Facilities Grant....................................................? Georgia Boxing Commission..........................................................? Lanier Regional Committee...........................................................? Georgia State Games Commission................................................! Paving at State Parks and Historic Sites................................................................................? Grant - Chehaw Park Authority...................................................? Grant - Zoo Atlanta........................................................................? Total Funds Budgeted......................,.............................................? Receipts from Jekyll Island State Park Authority..................................................................? Receipts from Stone Mountain Memorial Association........................................,........................? Indirect DOAS Funding.................................................................? State Funds Budgeted................................................................,...?
800,000 315,000
300,000
0
2,186,395
332,780 211,500 865,000 2,318,000
0
206,000 47,000
510,000
1,369,650
20,000
0 117,500 215,500
9,400
300,000 142,620
2,277,731 258,500
3,500,000 5,640 0 94,000
475,400 187,500 187,500 97,231,184
314,594
1,015,000 200,000
70,302,446
Department of Natural Resources Functional Budgets
Total Funds
State Funds
MONDAY, FEBRUARY 25, 1991
1219
Internal Administration Game and Fish Parks, Recreation and
Historic Sites Environmental Protection Coastal Resources Total
8,342,615 26,589,388
36,304,286 24,235,588 1.759.307 97,231,184
5,864,052 22,540,162
19,797,011 20,431,914 1,669,307 70,302,446
B. Budget Unit: Georgia Agricultural Exposition Authority..
Operations Budget: Personal Services................................. Regular Operating Expenses .............
Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
0
1,425,472 1,344,116
24,000 11,000 69,088 27,000
0 17,500 490,826
0 3,409,002
0
Functional Budget
Total Funds
State Funds
Georgia Agricultural Exposition Authority
3,409,002
Section 31. Department of Public Safety. A. Budget Unit: Department of Public
Safety........................................................................? 1. Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? State Patrol Posts Repairs
and Maintenance.........................................................................? Capital Outlay.................................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Service Funding...................................................? State Funds Budgeted....................................................................?
82,156,119
49,272,743 7,350,589
137,500 2,010,000
733,380 4,786,000
40,501 979,000 180,000
150,000 0
65,639,713 1,650,000
63,989,713
2. Driver Services Budget: Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................?
14,157,074 1,633,808
37,970 0
138,497 0
37,507
1220
JOURNAL OF THE HOUSE,
Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay.................................................................................! Conviction Reports .........................................................................$ Driver License Processing..............................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding...................................................$ State Funds Budgeted....................................................................$
361,600 88,350 497,500 232,500 981,600 18,166,406
0 18,166,406
Public Safety Functional Budgets
Total Funds
State Funds
Administration Driver Services Field Operations Total
17,587,312 18,166,406 48.052,401 83,806,119
15,937,312 18,166,406 48,052,401 82,156,119
B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................! Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................! Total Funds Budgeted....................................................,...............! State Funds Budgeted....................................................................!
14,045,914
7,358,504 2,640,847
124,800 12,296 137,506 425,776 95,366 148,963 884,440 2,758,356
0 14,586,854 13,723,854
2. Office of Highway Safety Budget: Personal Services...,.........................................................................! Regular Operating Expenses .........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
408,874 28,600 9,828
0 0 39,185 69,988 4,000 23,800 3,500,000 4,084,275 322,060
Attached Units Functional Budgets
Total Funds
State Funds
Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy Georgia Firefighters
4,084,275
4,715,295 1,153,857 1,207,888
!
322,060
!
4,715,295
!
1,103,857
!
1,127,888
MONDAY, FEBRUARY 25, 1991
1221
Standards and Training Council Organized Crime Prevention Council Georgia Public Safety Training Facility Total
420,725
312,095
6,776,994 18,671,129
420,725
312,095
6,043.994 14,045,914
Section 32. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System .................................................$
Departmental Operations Budget: Payments to Employees' Retirement System......................................................................$ Employer Contributions.................................................................$ Cola-House Bill 738 ........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
9,537,043
389,043 8,900,000
248,000 9,537,043 9,537,043
Section 33. Public Service Commission. Budget Unit: Public Service
Commission..............................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
7,460,243
6,467,793 406,348 214,381 47,958 92,699 303,673 309,828 120,716
1,012,325 8,975,721 7,460,243
Public Service Commission Functional Budgets
Total Funds
State Funds
Administration Transportation Utilities Total
1,671,838 3,149,831 4.154.052 8,975,721
1,671,838 1,792,797 3,995,608 7,460,243
Section 34. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction................................................! Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs......................................................! Sponsored Operations.................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs......................................................! Sponsored Operations.................................................................!
Special Funding Initiative .............................................................$ Office of Minority
Business Enterprise.....................................................................! Special Desegregation Programs...................................................!
760,257,799
821,291,627 111,964,506
220,796,895 125,000,000 11,250,000
334,043 362,495
1222
JOURNAL OF THE HOUSE,
Forestry Research............................................................................! Research Consortium......................................................................$ Eminent Scholars Program............................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ Departmental Income.....................................................................$ Sponsored Income...........................................................................! Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
283,880 96,000
0 20,035.106 1,311,414,552 32,195,185 236,964,506 278,969,762 3,027,300 760,257,799
B. Budget Unit: Regents Central Office and Other Organized Activities...................................................................!
Regents Central Office and Other Organized Activities Budget:
Personal Services: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs......................................................! Sponsored Operations.................................................................!
Fire Ant and Environmental Toxicology Research ...................................................................$
Agricultural Research .....................................................................$ Advanced Technology
Development Center...................................................................! Capitation Contracts for
Family Practice Residency.........................................................! Residency Capitation Grants.........................................................! Student Preceptorships .......................................................,..........$ Center for Rehabilitation
Technology...................................................................................! SREB Payments..............................................................................! Medical Scholarships..................,...................................................! Regents Opportunity Grants.........................................................! Regents Scholarships......................................................................! Rental Payments to Georgia
Military College...........................................................................! CRT Inc. Contract at Georgia Tech
Research Institute.......................................................................! Direct Payments to the Georgia
Public Telecommunications Commission for Operations........................................................! Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
149.599.669
207,524,492 69,551,857
97,579,557 37,607,630
218,080 1,984,703
1,406,386
2,607,781 2,425,058
148,520
1,398,649 8,742,031
958,027 564,000 188,000
861,415
198,340
7,637,904 441,602,430
3,087,700 107,915,122 180,444,239
555,700 149,599,669
Regents Central Office and Other Organized Activities Functional Budgets
Total Funds
State Funds
Marine Resources Extension Center
Skidaway Institute
1,721,972
1,184,539
MONDAY, FEBRUARY 25, 1991
of Oceanography Marine Institute Georgia Tech
Research Institute Education Extension
Services Agricultural
Experiment Station Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine
Experiment Station Veterinary Medicine
Teaching Hospital Joint Board of
Family Practice Georgia Radiation
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Total
3,691,331 1,431,905
126,215,095
5,847,259
50,372,176 49,447,695
162,937,227
2,904,029
2,354,694
5,842,920
2,000,764
2,581,503 24,253,860 441,602,430
C. Budget Unit: Georgia Public Telecommunications Commission ..............................................................$
Public Telecommunications Commission Budget:
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................!
Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Tax Officials/Retirement
and FICA......................................................................................! Grants to Counties/Appraisal
Staff...............................................................................................! Motor Vehicle Tags and Decals....................................................!
Postage..............................................................................................! Total Funds Budgeted....................................................................!
Indirect DOAS Services Funding.................................................!
State Funds Budgeted....................................................................!
1223
1,504,907 981,178
13,003,069
2,086,574
33,705,056
33,013,733
30,660,825
2,904,029
502,839
5,842,920
0
62,842 24.147.158 149,599,669
6,059,354 7,663,636 13,722,990 13,722,990
0
74,090,987
47,865,032 4,057,203 1,410,700
114,200 510,825 8,855,547 3,531,465 1,073,738 279,910
3,358,285
1,430,000 2,443,822 3,005,260 77,935,987 3,845,000 74,090,987
1224
JOURNAL OF THE HOUSE,
Department of Revenue Functional Budgets
Total Funds
State Funds
Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total
6,859,300 11,035,505 5,242,659 16,335,794 7,993,928 15,625,921 6,218,172 4,352,498 4,272.210 77,935,987
6,859,300 10,835,505 5,024,659 16,035,794 7,036,928 13,993,921 6,218,172 4,271,498 3,815,210 74,090,987
Section 36. Secretary of State. Budget Unit: Secretary of State..........................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment.... ....................................................................................? Computer Charges...................................................,.......................$ Real Estate Rentals ................................................,.......................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ Election Expenses ...........................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
21,319,794 15,117,291 1,971,289
224,800 28,500 85,621 811,611 2,272,731 300,095 617,856 400,000 21,829,794 21,319,794
Secretary of State Functional Budgets
Total Funds
State Funds
Internal Administration Archives and Records Business Services and
Regulation Elections and Campaign
Disclosure Drugs and Narcotics State Ethics Commission Occupational Certification Total
3,168,091 4,705,501
4,285,836
1,134,684
993,329
195,879
7,346,474
$
21,829,794
3,018,091 4,630,501
4,190,836
1,098,684 939,329 195,879
7.246.474 21,319,794
B. Budget Unit: Real Estate Commission ........................................,$ Real Estate Commission Budget:
Personal Services...,.........................................................................? Regular Operating Expenses.........................................................? Travel..........,.....................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.........,.............................................................? Per Diem, Fees and Contracts......................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
1,798,104
1,001,146 152,894 13,500 19,000 17,800 317,859 117,855 23,150 134,900
1,798,104 1,798,104
MONDAY, FEBRUARY 25, 1991
1225
Real Estate Commission Functional Budget
Cost of
State Funds
Operations
Real Estate Commission
$ 1,798,104
1,838,104
Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water
Conservation Commission......................................$ Soil and Water Conservation Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
1,867.155
898,376 111,003 63,305 10,450 17,705
5,600 50,405 19,220 442,420 586,396 2,204,880 1,867,155
Section 38. Student Finance Commission. Budget Unit: Student Finance
Commission..............................................................!
Administration Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Payment of Interest and Fees.......................................................! Guaranteed Educational Loans.....................................................! Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................! Law Enforcement Personnel Dependents' Grants....................................................................! North Georgia College ROTC Grants...............................................................................! Osteopathic Medical Loans...........................................................! Georgia Military Scholarship Grants............................................................................................! Paul Douglas Teacher Scholarship Loans.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
22,744,254
4,345,854 388,001 68,800 12,000 32,100 364,668 133,900 22,257 381,625
4,210,000 14,630,888 4,724,401
38,000
104,500 162,000
462,030
444,425 30,525,449 22,744,254
Georgia Student Finance Commission Functional Budgets
Total Funds
State Funds
Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority
5,268,249 381,625
24,776,244
0 381,625 22,263,298
1226
JOURNAL OF THE HOUSE,
Georgia Public Postsecondary Education Commission
Total
99,331 30,525,449
99,331 22,744,254
Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System......................................................................* Departmental Operations Budget:
Personal Services.............................................................................* Regular Operating Expenses .........................................................* Travel................................................................................................* Equipment........................................................................................* Computer Charges...........................................................................* Real Estate Rentals ........................................................................* Telecommunications.......................................................................* Per Diem, Fees and Contracts......................................................* Cost-of-Living Increases for Local
Retirement System Members ....................................................* Floor Fund for Local
Retirement Systems....................................................................* Post Retirement Benefit
Increases for Retirees..................................................................* Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*
3,550,000
3,068,965 307,000 26,000 9,000
1,119,000 301,000 114,000 339,000
2,850,000
700,000
0 8,833,965 3,550,000
Section 40. Department of Technical and Adult Education.
Budget Unit: Department of Technical and Adult Education ..............................................$
Department of Technical and Adult Education Budget:
Personal Services.............................................................................* Regular Operating Expenses .........................................................$ Travel................................................................................................* Motor Vehicle Purchases ...............................................................* Equipment........................................................................................* Computer Charges...........................................................................* Real Estate Rentals ........................................................................* Telecommunications.......................................................................* Per Diem, Fees and Contracts......................,...............................* Personal Services-Institutions.......................................................* Operating Expenses-Institutions...................................................* Capital Outlay .................................................................................* Quick Start Program ......................................................................$ Area School Program......................................................................* Regents Program.............................................................................* Adult Literacy Grants ....................................................................$ Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*
127,838,855
4,063,262 340,242 128,000 0 12,413 609,851 476,004 142,000
1,285,672 84,668,734 18,993,302
0 5,878,282 25,254,051 2,766,092 7,473,805 152,091,710 127,838,855
Functional Budgets
Total Funds
State Funds
Administration Institutional Programs Total
$
7,057,444
146,034,266
152,091,710
$
5,931,388
$ 121,907,467
$ 127,838,855
Section 41. Department of Transportation.
MONDAY, FEBRUARY 25, 1991
1227
Budget Unit: Department of Transportation ........................................................$
For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities.
Departmental Operations Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Grants to Counties..........................................................................! Grants to Municipalities ................................................................$ Capital Outlay - Airport Approach Aid and Operational Improvements ..............................................................................$
Capital Outlay - Airport Development ................................................................................$
Mass Transit Grants.......................................................................! Savannah Harbor Maintenance
Payments ......................................................................................$ Spoilage Area Acquisition,
Clearing, Preparation and Dike Reconstruction....................................................................! G.O. Debt Sinking Fund ................................................................$ G.O. Debt Sinking Fund Designated Special Use ..............................................................$ Guaranteed Revenue Debt Common Reserve Fund ...............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
500,037.860
231,855,595 54,819,088
1,818,531 1,008,025 4,756,595 4,644,100 1,356,023 2,000,716 8,428,297 624,698,178 4,658,507 4,658,500
1,058,242
1,000,000 8,509,511
1,083,000
0 10,640,000
2,555,000
9,600,000 979,147,908 500,037,860
Department of Transportation Functional Budgets
Motor Fuel Tax Budget
Total Funds
State Funds
Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Paving at State and Local
Schools and State Institutions Total
694,181,944 228,966,161
8,444,767 4,658,507 22,504,214
!
234,226
$ 958,989,819
236,074,966 217,499,581
7,807,732 4,658,507 21,959,214
!
234,226
! 488,234,226
General Funds Budget
Total Funds
State Funds
Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer
!
4,658,500
0 1,709,654
!
4,658,500
0 1,209,654
1228
JOURNAL OF THE HOUSE,
Facilities
Harbor Maintenance Activities
Total
$
12,706,935
$
1.083.000
$
20,158,089
$
4,852,480
$
1,083.000
$
11,803,634
Provided further, that from the amount equal to all money derived from motor fuel taxes for the preceding fiscal year, there is appropriated the sum of $9,600,000 for pay ment into the "State of Georgia Guaranteed Revenue Debt Common Reserve Fund". The purpose of this appropriation is to authorize the guarantee by the State of an issue of rev enue obligations of the State Tollway Authority for the Georgia 400 tollway in Fulton County. The maximum principal amount of the specific issue shall not exceed $97,550,000; the amount of the highest annual debt service shall not exceed the amount of this appro priation, and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.
Section 42. Department of Veterans Service. Budget Unit: Department of Veterans
Service ...........................................................,..........$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................* Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................* Computer Charges...........................................................................* Real Estate Rentals ........................................................................$ Telecommunications.......................................................................* Per Diem, Fees and Contracts......................................................* Capital Outlay......................................................................,..........* Operating Expense/Payments to
Central State Hospital................................................................* Operating Expense/Payments to
Medical College of Georgia........................................................* Regular Operating Expenses
for Projects and Insurance.........................................................* Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*
21,650.108
4,726,825 115,252 65,456 0 9,420 13,812 226,748 60,000 20,100 0
15,291,530
5,894,509
199.580 26,623,232 21,650,108
Veterans Service Functional Budgets
Total Funds
State Funds
Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total
$
5,237,613
$
15,457,110
$
5.928,509
$
26,623,232
$
5,010,143
$
12,140,348
$
4.499,617
*
21,650,108
Section 43. Workers' Compensation Board.
Budget Unit: Workers' Compensation Board........................................................................*
Operations Budget: Personal Services.............................................................................* Regular Operating Expenses .........................................................* Travel................................................................................................* Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................*
8,604,783
6,882,241 317,375 79,850 0 4,330
MONDAY, FEBRUARY 25, 1991
1229
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Georgia Crime Victims Assistance
Program ........................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
226,400 861,177 109,660 115,500
108.250 8,704,783 8,604,783
Section 44. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ...............................................$ State of Georgia General Obligation Debt Sinking Fund (New)...................................................$
297,592.064 31,039,525
Section 45. Provisions Relative to Section 3, Supreme Court. The appro priations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
Section 46. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contribu tions for judges and employees of the Court.
Section 47. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attor neys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 48. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 49. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 50. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
1230
JOURNAL OF THE HOUSE,
Section 51. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is desig nated and committed for youth programs and activities.
Section 52. Provisions Relative to Section 18, State Board of EducationDepartment of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,612.50 In addition, all local school system allot ments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 18, funds are designated and committed for the purpose of Special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1991.
From the Appropriations in Section 18, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1991 on the basis of one eighteenth of the total appropriation for each Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1991 that it contributed during SFY 1990.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information sys tem and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Section 53. Provisions Relative to Section 19, Employees Retirement System. The Employees Retirement System is authorized to increase the employer con tribution rate by thirty-one one hundredths of one percent of salaries to fund the follow ing:
1.) A special cost-of-living increase in retirement benefits, effective July 1, 1990, to partially offset the taxation of such benefits as provided by HB 1-EX enacted at the Sep tember 1989 Extraordinary Session of the General Assembly as authorized by HB 738 enacted at the 1990 Regular Session of the General Assembly.
2.) A one and one-half percent cost-of-living increase effective July 1, 1990. 3.) A one and one-half percent cost-of-living increase effective January 1, 1991.
Section 54. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and
MONDAY, FEBRUARY 25, 1991
1231
not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:
Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11
Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860
Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568
It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of each MH-MR-SA institution for fiscal year 1991 that was authorized in fiscal year 1987.
Provided, that Central State Hospital is authorized to utilize surplus funds, not to exceed $497,500, for replacement of TV distribution lines in the Department of Veterans Service facilities, the Department of Corrections facilities and MH/MR facilities.
Provided, that Southwestern State Hospital is authorized and directed to add six (6) HST positions to the Adult Mental Health Unit.
Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid dollars.
Provided, however, that of the appropriation to the object class "Grants to County DFACS - Operations" $400,000 in state funds is designated and committed for hiring addi tional eligibility workers, using temporary employees where feasible.
Section 55. Provisions Relative to Section 26, Department of Labor. The Department of Labor is authorized to transfer up to $1,774,078 of funds budgeted for State Treasury Payments to Personal Services for the purpose of supplanting Federal funds in order to avoid closing Department offices during regular work periods. The exer cise of this authority by the Department shall not be construed as a cancellation of obliga tion to make this or any future payments to the State Treasury.
Section 56. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $164.46 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1991 shall not exceed ten and one-half percent (10.50%) for the first three quarters of the fiscal year, and shall not exceed seven and three-tenths per cent (7.3%) for the final quarter of the fiscal year.
Section 57. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri ated in Section 30 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30.
From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of
1232
JOURNAL OF THE HOUSE,
the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 30, the Department of Natural Resources is authorized to use the excess receipts to provide for the most immediate criti cal needs of the Parks, Recreation and Historic Sites Division to include repairs and main tenance of State Parks and Historic Sites facilities.
Provided that of the $258,500 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Planning Commissions which employ Preservation Planners as of July, 1990.
Section 58. Provisions Relative to Section 31, Department of Public Safety. The Georgia Police Academy is authorized to employ two drug police instruc tors utilizing federal funds.
Provided, that of the appropriation relating to the Department of Public Safety, Bud get Unit "B", the Office of Planning and Budget is authorized and directed to transfer five training positions and operating costs associated with those positions from the Georgia Public Safety Training Center to the Georgia Police Academy.
Provided, it is the intent of this General Assembly that the Department of Public Safety not purchase any site for a commercial drivers license facility prior to obtaining an acceptable environmental impact study and a satisfactory compaction report.
Section 59. Provisions Relative to Section 34, Board of Regents, Univer sity System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality - added pro grams and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 60. Provisions Relative to Section 40, Department of Technical and Adult Education None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Technical and Adult Education.
Section 61. Provisions Relative to Section 41, Department of Transpor tation. For this and all future general appropriations acts, it is the intent of this Gen eral 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 budget ary 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 pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 41 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
MONDAY, FEBRUARY 25, 1991
1233
e.) Functions financed with General Fund appropriations shall be accounted for sep arately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department owned aircraft facilities may be retained for use in the department's aviation program.
It is the further intent of this General Assembly that of the $488,234,226 of motor fuel tax appropriated in this act, $40,000,000 is designated and committed for the Local Assist ance Road Program. It is the intent of this General Assembly that of the $488,234,226 of motor fuel tax appropriated in this act, $3,000,000 is authorized for initial design of a replacement of the Sidney Lanier Bridge in Glynn County, Georgia.
Section 62. In addition to all other appropriations for the State fiscal year ending June 30, 1991, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $8,520,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($8,400,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 63. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 64. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 65. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 66. 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:
1234
JOURNAL OF THE HOUSE,
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 effec tive 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 67. 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 68. 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 69. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 70. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Tele communications Network either directly or indirectly.
Section 71. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated 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 insuffi cient to make the required payments in full, there shall be taken from other funds appro priated 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 appro priations.
Section 72. (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 1990 Regular Session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatso ever shall be transferred for use in initiating or commencing any new program or activity
MONDAY, FEBRUARY 25, 1991
1235
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 Represen tatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equip ment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropria tions shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the admin istration of the annual operating budget.
Section 73. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classifica tion 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 74. 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 75. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund.
With regard to the appropriations in Section 44 for "State of Georgia General Obligation Debt Sinking Fund (New)," the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt are specified as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $96,500 is specifically appropriated for the purpose of financing facilities of Georgia Building Authority, by means of the acquisition, construc tion, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $600,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in
1236
JOURNAL OF THE HOUSE,
connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $202,500 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources, by means of the acquisi tion, construction, development, extension, enlargement, and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,025,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $745,000 is specifically appropriated for the purpose of financing facilities of Georgia Building Authority, by means of the acquisition, construc tion, development, extension, enlargement, and improvement of land, property, buildings,
structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $7,450,000 in principal amount of
General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $150,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal
amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $7,500,000 is specifically appropriated for the pur pose of financing George L. Smith II Georgia World Congress Center facilities for the
Department of Industry and Trade, by means of the acquisition, construction, develop ment, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, through the issuance of not more than $75,000,000 in principal
amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $150,000 is specifically appropriated for the purpose
of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per
sonal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall
have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $250,000 is specifically appropriated for the purpose
of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per
sonal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall
have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $12,555,500 is specifically appropriated for the pur pose of financing a program of Developmental Highways and four-lane and passing-lane
construction for the Department of Transportation, by means of the acquisition, construc tion, development, extension, enlargement, and improvement of land, property, buildings,
structures, equipment and facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $125,555,000 in principal amount
MONDAY, FEBRUARY 25, 1991
1237
of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $125,000 is specifically appropriated for the purpose of financing facilities for the Department of Agriculture, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $160,000 is specifically appropriated for the purpose of financing facilities for the Georgia Bureau of Investigation, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful
in connection therewith, through the issuance of not more than $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $150,000 is specifically appropriated for the purpose
of financing a water reservoir for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land,
property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi
ties not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $650,000 is specifically appropriated for the purpose
of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per
sonal, necessary or useful in connection therewith, through the issuance of not more than $6,500,000 in principal amount of General Obligation Debt, the instruments of which shall
have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General
Obligation Debt Sinking Fund (New), $1,700,000 is specifically appropriated for the pur pose of financing facilities for the Board of Regents of the University System of Georgia,
by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real
and personal, necessary or useful in connection therewith, through the issuance of not more than $17,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,000,000 is specifically appropriated for the pur
pose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and
improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not
more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $100,000 is specifically appropriated for the purpose
of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improve
ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall
have maturities not in excess of two hundred forty months.
1238
JOURNAL OF THE HOUSE,
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $350,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $90,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, and improve ment of land, property, buildings, structures, equipment and facilities, both real and per sonal, necessary or useful in connection therewith, through the issuance of not more than $900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $600,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, by means of the acquisition, con struction, development, extension, enlargement, and improvement of land, property, build ings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $2,859,775 is specifically appropriated for the pur pose of financing facilities for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $11,795,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $355,250 is specifically appropriated for the purpose of financing facilities for the Department of Natural Resources, by means of the acquisi tion, construction, development, extension, enlargement, and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,450,000 in princi pal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $262,500 is specifically appropriated for the purpose of financing the purchase and associated development of computer and related equipment for the Office of the Secretary of State, by means of the acquisition, construction, develop ment, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection there with, through the issuance of not more than $1,050,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $275,000 is specifically appropriated for the purpose of financing facilities for the Department of Public Safety, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
MONDAY, FEBRUARY 25, 1991
1239
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $112,500 is specifically appropriated for the purpose of financing facilities for the Department of Public Safety, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $450,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of sixty months.
Section 76.
Georgia State Financing and Investment Commission...................
1,400,000
Section 77. TOTAL STATE FUND APPROPRIATIONS THROUGH SECTION 76
State Fiscal Year 1991 ................................................................... ..$ 7,645,067,946 (including $35,512,616 in Indigent Trust Fund).
Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 79. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Walker of the 115th moved that the House adopt the report of the Committee of Conference on HB 284.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Barfoot Y Bargeron Y Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown N Brush YBuck Y Buckner
Byrd Y Campbell
Canty Carrell Y Carter Y Chafm E Chambless Y Cheeks
Y Childers Y Clark.E
Clark.H Y Clark,L Y Coker
Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M Y Davis.G N Davis.M Y Dixon.H Y Dixon.S
Y Dobbs Y Dover
YDunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd.J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton
Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee YLong
Lord Y Lucas Y Lupton YMann
Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam
Mills
Y Mobley Y Moody N Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett Y Parham
Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston Y Powell.A Y Powell.C Y Purcell
Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens
Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs
1240
JOURNAL OF THE HOUSE,
Y Valenti Y Vaughan
Y WalkeivJ
Y Walker,L Y Wall
Ware
Y Watson Y Watts
Y White
On the motion, the ayes were 161, nays 3. The motion prevailed.
Y Wilder Williams.B
Williams,J
Y Williams,R Y Yeargin
Murphy.Spkr
Representatives Balkcom of the 140th and Byrd of the 153rd stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
Representative Williams of the 48th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 347 Do Pass HR 369 Do Pass HR 370 Do Pass
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 478. By Representatives Groover of the 99th and Murphy of the 18th:
A bill to amend Code Section 47-9-70 of the Official Code of Georgia Anno tated, relating to retirement and eligibility for benefits under the "Act Creat ing the Superior Court Judges Retirement System," so as to delete the provisions relative to mandatory retirement age and forfeiture of benefits in connection therewith.
The following Committee substitute was read and withdrawn:
A BILL
To amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relative to mandatory retire ment age and forfeiture of benefits in connection therewith; to provide for continuing eligi bility to serve for certain judges certified by the Judicial Qualifications Commission as capable of serving; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
MONDAY, FEBRUARY 25, 1991
1241
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the "Act Creating the Superior Court Judges Retirement System," is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) (1) Except as otherwise provided in this chapter, any member who has attained 75 years of age and who fails to retire effective on the first day of the calen dar month next succeeding that in which he attains 75 years of age shall forfeit his right to receive any retirement or disability benefits under this chapter, provided that a member who held office as a judge of the superior courts on July 1, 1976, shall not be required to retire, regardless of his age, until such member obtains ten years of creditable service to qualify him for early retirement benefits under subsection (a) of Code Section 47-9-71.
(2) Any other provisions of this or any other law to the contrary notwithstanding, any judge who was a member of the system in 1980, who was reelected as a judge in 1980, and who attains the age of 75 years during the term to which he was reelected shall be allowed, if he chooses to do so, to complete the term to which he was reelected without forfeiting any retirement or disability benefits under this chapter.
(3) Any other provisions of this or any other law to the contrary notwithstanding, any judge who is a member of the system, who is reelected as a judge in the future, and who attains the age of 75 years during the term to which he is reelected shall be allowed, if he chooses to do so, to complete the term to which he is reelected without forfeiting any retirement or disability benefits under this chapter.
(4) Any other provisions of this or any other law to the contrary notwithstanding, paragraph (1) of this subsection shall not apply to any judge who, within one year prior to attaining the age of 75 and again within one year prior to the expiration of each successive term after the term during which he attains the age of 75, obtains cer tification by the Judicial Qualifications Commission that he is capable of serving in such office. Any judge seeking such certification shall submit such documentation and shall submit to such physical and psychological examinations as the commission shall prescribe and shall appear before the commission if required. Such certification shall be made to the board of trustees in such form as the board may prescribe. A judge serving after certification of capability as provided for in this paragraph shall do so without forfeiting any retirement or disability benefits under this chapter."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Murphy of the 18th, was read and adopted:
A BILL
To amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the "Act Creating the Superior Court Judges Retirement System," so as to change the provisions relative to mandatory retire ment age and forfeiture of benefits in connection therewith; to provide for continuing eligi bility to serve for certain judges certified by the Judicial Qualifications Commission as capable of serving; to amend Code Section 47-10-100, relating to mandatory retirement age and benefits under the Trial Judges and Solicitors Retirement Fund, so as to change the provisions relating to mandatory retirement age and forfeiture of benefits in connection therewith; to provide for continuing eligibility to serve for certain judges certified by the Judicial Qualifications Commission as capable of serving; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
1242
JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the "Act Creating the Superior Court Judges Retirement System," is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) (1) Except as otherwise provided in this chapter, any member who has attained 75 years of age and who fails to retire effective on the first day of the calen dar month next succeeding that in which he attains 75 years of age shall forfeit his right to receive any retirement or disability benefits under this chapter, provided that a member who held office as a judge of the superior courts on July 1, 1976, shall not be required to retire, regardless of his age, until such member obtains ten years of creditable service to qualify him for early retirement benefits under subsection (a) of Code Section 47-9-71.
(2) Any other provisions of this or any other law to the contrary notwithstanding, any judge who was a member of the system in 1980, who was reelected as a judge in 1980, and who attains the age of 75 years during the term to which he was reelected shall be allowed, if he chooses to do so, to complete the term to which he was reelected without forfeiting any retirement or disability benefits under this chapter.
(3) Any other provisions of this or any other law to the contrary notwithstanding, any judge who is a member of the system, who is reelected as a judge in the future, and who attains the age of 75 years during the term to which he is reelected shall be allowed, if he chooses to do so, to complete the term to which he is reelected without forfeiting any retirement or disability benefits under this chapter.
(4) Any other provisions of this or any other law to the contrary notwithstanding, paragraph (1) of this subsection shall not apply to any judge who, within one year prior to attaining the age of 75 and again within one year prior to the expiration of each successive term after the term during which he attains the age of 75, obtains cer tification by the Judicial Qualifications Commission that he is capable of serving in such office. Any judge seeking such certification shall submit such documentation and shall submit to such physical and psychological examinations as the commission shall prescribe and shall appear before the commission if required. Such certification shall be made to the board of trustees in such form as the board may prescribe. A judge serving after certification of capability as provided for in this paragraph shall do so without forfeiting any retirement or disability benefits under this chapter."
Section 2. Code Section 47-10-100, relating to mandatory retirement age and benefits under the Trial Judges and Solicitors Retirement Fund, is amended by designating the present language of subsection (a) of said Code section as paragraph (1) of said subsection and by adding at the end of said subsection (a) a new paragraph (2) to read as follows:
"(2) Any other provisions of this or any other law to the contrary notwithstanding, the mandatory retirement age contained in paragraph (1) of this subsection shall not apply to any inferior court or juvenile court judge who, within one year prior to attain ing the age of 70 and again within one year prior to the expiration of each successive term after the term during which he attains the age of 70, obtains certification by the Judicial Qualifications Commission that he is capable of serving in such office. Any judge seeking such certification shall submit such documentation and shall submit to such physical and psychological examinations as the commission shall prescribe and shall appear before the commission if required. Such certification shall be made to the board of trustees in such form as the board may prescribe. A judge serving after certifi cation of capability as provided for in this paragraph shall do so without forfeiting any retirement or disability benefits under this chapter."
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.
MONDAY, FEBRUARY 25, 1991
1243
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks Y Brown N Brush YBuck Y Buckner YByrd Y Campbell
Canty Carrell Y Carter Chafin
E Chambless Y Cheeks Y Childers Y Clark,E
Clark,H
Y Clark.L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Hanner Y Harris.B Y HarrU,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing N Kingston Y Klein YLadd Y Lane.D YLane.R Y Langford Y Lawrence N Lawson YLee YLong YLord Y Lucas Y Lupton
YMann Y Martin
Y McCoy Y McKelvey N McKinney.B
N McKinney.C Y Meadows
Merritt YMilam
Mills
Mobley Y Moody Y Morsberger
Y Moultrie N Mueller
Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten
Pelote Y Perry
Pettit Y Pinholster Y Pinkston YPoag Y Porter Y Poston Y Powell.A
Powell.C Y Purcell
Randall
YRay Y Reaves
Y Redding Y Ricketson Y Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil,F Y Stancil,S N Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C N Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts
White Y Wilder
Williams.B WilliamsJ Y Williams,R Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 149, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 198. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time period during which elec tions can be conducted for the purpose of exempting certain tangible per sonal property from ad valorem taxation or imposing a joint county and municipal sales and use tax or a special county 1 percent sales and use tax.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford
Y Atkins Y Baker
Y Balkcom Barfoot
Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown
Y Brush YBuck
Y Buckner YByrd Y Campbell
Canty Carrell
Y Carter
1244
JOURNAL OF THE HOUSE,
Y Chafin E Chambless Y Cheeks Y Childers Y Clark,E
Clark,H Y Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B
Cummings.M Y Davis.G Y Davis,M Y Diion.H Y Dixon.S YDobbs Y Dover YDunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden
Y Goodwin Y Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris,B Y Harris,J
Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston
Y Klein YLadd Y Lane.D
Lane,R
Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt YMilam Mills Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y 01iver,M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Y Patten Y Pelote Y Perry
Pettit Y Pinholster
Pinkston YPoag
Porter
Y Poston Y Powell.A
Powell.C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper
Y Smith.L Y Smith,? Y Smith.T
Smith.W Y Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens
Streat Y Taylor Y Teper Y Thomas.C Y Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert
Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan
Walker,J Walker,L Y Wall Ware Y Watson
Y Watts White
Y Wilder Williams.B Williams,J
Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.
HB 213. By Representatives Irwin of the 57th and Oliver of the 53rd:
A bill to amend Code Section 37-3-122 of the Official Code of Georgia Anno tated, relating to payment of expenses incurred in connection with mental health hearings, so as to provide that if a judge or an attorney on staff of the probate court conducts a mental health hearing for an out-of-county patient, the county of residence of the patient shall reimburse the expenses of the county holding the hearing.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 37-3-122 of the Official Code of Georgia Annotated, relating to payment of expenses incurred in connection with mental health hearings, so as to pro vide that if a judge or an attorney on staff of the probate court conducts a mental health hearing for an out-of-county patient, the county of residence of the patient shall reimburse the expenses of the county holding the hearing; to provide for a limitation on the amount to be paid; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 37-3-122 of the Official Code of Georgia Annotated, relating to payment of expenses incurred in connection with mental health hearings, is amended by adding at the end thereof a new subsection to read as follows:
"(c) The expenses incurred by a county for a mental health hearing held by a pro bate court judge or an attorney on his or her staff for an out-of-county patient shall be reimbursed by the county in which the patient has his or her residence. Such amount shall not exceed the amount which would have been paid by the county to a noncounty
MONDAY, FEBRUARY 25, 1991
1245
employed hearing officer, plus any other authorized expenses in connection with the hearing."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom Barfoot Bargeron Y Barnett,B Y Bamett,M
Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner
YByrd Y Campbell
Canty Carrell Y Carter Y Chafm E Chambless Y Cheeks Y Childers Y Clark,E Clark.H
Y Clark,L
Y Coker Coleman
Y Colwell
Y Connell Y Culbreth Y Cummings.B
Y Cummings,M Y Davis.G Y Davis.M Y Dixon.H Y Diion.S Y Dobbs Y Dover
Dunn Y Edwards Y Elliott Y Felton
Fennel Y Floyd,J.M
Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D Y Lane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney.B McKinney.C
N Meadows Y Merritt Y Milam
Mills
Mobley Y Moody Y Morsberger N Moultrie N Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham
Y Parrish Y Patten Y Pelote Y Perry
Pettit Pinholster Pinkston YPoag Porter YPoston Y Powell,A Powell.C Y Purcell Randall YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith.P Y Smith.T Y Smith.W Y Smyre YSnow Y Stancil.F
Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Thomas,M Y Thomas.N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti Y Vaughan
Walker,J Walker.L YWall Ware Y Watson Y Watts White Y Wilder Wiiliams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 148, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Mueller of the 128th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
HR 184. By Representatives Childers of the 15th and McKelvey of the 15th: A resolution compensating Mr. Hoyt L. Nelson.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 115, nays 2.
The Resolution, having received the requisite constitutional majority, was adopted.
1246
JOURNAL OF THE HOUSE,
HB 695. By Representative Blitch of the 150th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to autho rize the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority to adver tise or otherwise promote their programs, functions, and purposes and to expend funds for such purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 2.
The Bill, having received the requisite constitutional majority, was passed.
HB 531. By Representatives Jenkins of the 80th, Twiggs of the 4th, Barnett of the 10th, Ray of the 98th, Walker of the 113th and others:
A bill to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to provide for the disposition of certain personal property in the custody of law enforce ment agencies.
The following amendment was read and adopted:
Representative Jenkins of the 80th moves to amend HB 531 by adding between lines 19 and 20 on page 3 the following:
"(5) With respect to a seized motor vehicle which is not the subject of forfeiture pro ceedings, the law enforcement agency shall be required to contact the Georgia Crime Information Center to determine if such motor vehicle has been stolen and to follow generally the procedures of Code Section 40-11-2 to ascertain the registered owner of such vehicle."
By deleting the quotation marks at the end of line 6 on page 4.
By adding between lines 6 and 7 on page 4 the following:
"(f) The provisions of this Code section shall not apply to any abandoned motor vehicle for which the provisions of Chapter 11 of Title 40 are applicable.'"
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HR 104. By Representative Pettit of the 19th:
A resolution compensating Conestoga Management, Inc., L. F. Heilman, President.
The following amendment was read and adopted:
The Committee on Appropriations moves to amend HR 104 by striking on p. 1, line 15 and p. 1, line 22 the figure "$541.02" and inserting in lieu thereof the figure "$378.84".
MONDAY, FEBRUARY 25, 1991
1247
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 117, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 369. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th:
A resolution commending Dark Pruett and inviting her to appear before the House of Representatives.
HR 370. By Representatives Vaughan of the 20th, Clark of the 20th (Post 3), Clark of the 20th (Post 4), Mills of the 20th, Aiken of the 21st and others:
A resolution commending the McEachern High School wrestling team and inviting the members of the team, Coach Fritz, and Assistant Coach Gossett to appear before the House of Representatives.
The following communication from the Secretary of State was received:
STATE OF GEORGIA OFFICE OF SECRETARY OF STATE
I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 999 through 1022, who have registered in the Docket of Legislative Appearance as of February 22, 1991, 2:30 p.m. in accordance with Georgia Law 1970, p. 695, as the same appears on file and record in this office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 22nd day of February, in the year of our Lord One Thousand Nine Hundred and Ninety-one and of the Independence of the United States of America the Two Hundred and Fifteenth.
(SEAL)
M Max Cleland Secretary of State
999. John M. Michael Native American Land Struggles Coalition 154 Locust Street N.E. Atlanta, Georgia 30317-1011
1000. VOID
1001. Joseph C. Sexton Georgia Denturist Assoc. 3673 Groovers Lake Rd. Lithia Springs, Georgia 30057
1002.
Receda Gray Citizen For Freedom of
Choice 9911 Pine Shadow Dr. Dallas, Georgia 30132
1003. Kimberly Goff Medical Association of Georgia 938 Peachtree Street Atlanta, Georgia 30309
1248
JOURNAL OF THE HOUSE,
1004. Guy Mosier DuPont/Merck Pharmaceutical Company, Wilmington, De. 4948 Bridgeport Way Norcross, Georgia 30092
1005. John W. Edwards Georgians Against Gun Violence 1211 Timberland Dr. Marietta, Georgia 30067
1006. Sally R. Money Georgians Against Gun Violence 4583 E. Brookhaven Dr. Atlanta, Georgia 30319
1007. Lorraine Rennie Southeast Toyota Distributors, Inc. World Omni Financial Corporation World Omni Leasing, Inc. JM Family Enterprises, Inc. Northside Hospital North Georgia Mountain Apple Growers Motorcycle Industry Council Reece & Associates Two Peachtree St. Suite 1800 Atlanta, Georgia 30383
1008. Harrell C. Fountain Georgia Oilmen Association West Georgia Family Concerns Petroleum Council of Georgia 2404 Bowdon Road Calhoun, Georgia 30117
1009. Lloyd D. Bird, Jr. Independent Electrical Contractors of Georgia 3118 Marjan Drive Doraville, Georgia 30340
1010. Martin J. Miller Georgia Association of Community Care Providers 3020 N. Patterson Street P. O. Box 3232 Valdosta, Georgia 31604
1011. Winston R. Burdett Fleet Finance, Inc. 30 Perimeter Park Atlanta, Georgia 30341
1012. Wanda B. Hubbs Georgia Family Counsel Family Concerns 3348 Thornewood Drive Doraville, Georgia 30340
1013. Eugene H. Russell Brown & Williamson Tobacco Corporation P. O. Box 35090 Louisville, KY 40223
1014. David R. Sparrow Brown & Williamson Tobacco Corporation P. O. Box 1056 Macon, Georgia 31298
1015. Jean C. McRae Southeast Toyota Motor Cycle Industry Council World Omni Northside Hospital North Ga. International Apple Growers 2 Peachtree St. Suite 1800 Atlanta, Georgia 30383
1016. Robert B. Remar Georgia Psychological Association 900 Carnegie Building Atlanta, Georgia 30303
1017. Cynthia Porter Brown Egleston Hospital Auxilary 400 King Road Atlanta, Georgia 30342
1018.
Wayne Williams American Muslim Political
Action Committee 560 Glenwood Road Atlanta, Georgia 30032
1019. Bobby Carrell Bobby Carrell Associates P. 0. Box 690 Monroe, Georgia 30655
1020. Bishop Woodrow Smith, Jr. Black Slate, Inc. 952 Gordon Street Atlanta, Georgia 30310
MONDAY, FEBRUARY 25, 1991
1249
1021. Douglas H. Flint Cherokee-Pickens Medical Society P. O. Box 1589 Canton, Georgia 30114
1022. Alison L. Bernhard Texaco USA P. O. Box 4582 Atlanta, Georgia 30302
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
1250
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Tuesday, February 26, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by Dr. Stanley R. Hahn, Retired Southern Baptist Pastor, Jonesboro, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 864. By Representatives Tolbert of the 58th, Sherrill of the 47th, Oliver of the 53rd, Irwin of the 57th, Williams of the 48th and others: A bill to provide a new charter for the City of Pine Lake.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 865. By Representative Atkins of the 21st: A bill to amend Code Section 47-2-334 of the Official Code of Georgia Anno tated, relating to service retirement allowances for employees who first or again become members of the Employees' Retirement System of Georgia on or after July 1, 1982, so as to authorize members to receive military service credit for active duty service in the armed forces of the United States during the period of the Vietnam Conflict.
Referred to the Committee on Retirement.
TUESDAY, FEBRUARY 26, 1991
1251
HB 866. By Representative Moultrie of the 93rd:
A bill to amend an Act creating a new charter for the City of Hamilton, so as to increase the amount of the fine and the length of the sentence of imprisonment which may be imposed by the mayor's court in certain circum stances.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 867. By Representative Ware of the 77th: A bill to provide a new board of commissioners of Heard County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 868. By Representative Clark of the 20th (Post 4):
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for suspension until age 18 of the driver's license of a person under age 18 for certain traffic offenses.
Referred to the Committee on Motor Vehicles.
HB 870. By Representative Aiken of the 21st:
A bill to amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide for definitions; to prohibit the sale or distribution of beverages in certain containers; to provide exceptions.
Referred to the Committee on Industry.
HB 871. By Representatives Tolbert of the 58th, Campbell of the 23rd and Martin of the 26th:
A bill to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling offenses, so as to provide for a felony offense of cockfighting.
Referred to the Committee on Special Judiciary.
HB 872. By Representatives Simpson of the 70th and Thomas of the 69th:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to require coverage of certain services and expenses under such plan.
Referred to the Committee on Insurance.
HB 873. By Representatives Brush of the 83rd and Harris of the 84th:
A bill to amend an Act providing for the election of members of the board of education of Columbia County, so as to provide that future school superin tendents shall be appointed by the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 874. By Representative Oliver of the 121st:
A bill to amend an Act creating a new charter for the City of Glennville, so as to change the provisions relating to the time of election, taking of office, and terms of office of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.
1252
JOURNAL OF THE HOUSE,
HB 875. By Representatives Hammond of the 20th, Flynt of the 75th and Pettit of the 19th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to where offenses are bailable and the procedure and schedule of bails, so as to provide that a judge of the superior court may delegate the authority to hear and set bail for certain offenses to any judge of any court of inquiry within the same judicial circuit.
Referred to the Committee on Judiciary.
HB 876. By Representatives Hammond of the 20th, Clark of the 20th (Post 3), Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st and others:
A bill to amend an Act creating a system of public schools for the City of Marietta, so as to change the dates on which the city council shall advertise vacancies on the board of education and elect members to fill such vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 877. By Representatives Clark of the 20th (Post 4), Coker of the 21st, Atkins of the 21st, Klein of the 21st, Clark of the 20th (Post 3) and others:
A bill to amend an Act making provisions for the Magistrate Court of Cobb County, so as to provide qualifications for the chief magistrate, full-time magistrates, and part-time magistrates.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 878. By Representatives Alford of the 57th, Baker of the 51st and Oliver of the 53rd:
A bill to amend Code Section 15-6-9 of the Official Code of Georgia Anno tated, relating to authority of superior court judges generally, so as to autho rize superior court judges to implement closed circuit television criminal hearings.
Referred to the Committee on Judiciary.
HB 879. By Representative Green of the 106th:
A bill to provide for the appointment and terms of the members of the Hos pital Authority of Putnam County.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 880. By Representative Green of the 106th: A bill to provide a new charter for the City of Sparta.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 881. By Representatives Alford of the 57th, Oliver of the 53rd and Teper of the 46th:
A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide for legislative intent; to provide for an alternative fuels plan; to provide for automatic repeal.
Referred to the Committee on State Planning & Community Affairs.
TUESDAY, FEBRUARY 26, 1991
1253
HB 882. By Representatives Alford of the 57th, Baker of the 51st, Turnquest of the 56th, Oliver of the 53rd, Thomas of the 55th and others:
A bill to create the City of DeKalb Study Commission.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 883. By Representatives Hamilton of the 124th, Pinkston of the 100th, Stancil of the 8th, Kingston of the 125th, Martin of the 26th and others:
A bill to amend Chapter 18 of Title 45 of the Official Code of Georgia Anno tated, relating to state employees' insurance and benefits plans, so as to allow contracts for the inclusion of employees of nonprofit mental retardation ser vice centers in the state employees' health benefits plan.
Referred to the Committee on Insurance.
HB 884. By Representative Beatty of the 12th: A bill to provide a new charter for the City of Commerce.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 885. By Representative Branch of the 137th:
A bill to amend an Act creating the board of commissioners of Irwin county, so as to authorize the board to enter into such contracts and agreements as the board determines appropriate or necessary for the purpose of the coun ty's owning, leasing, or operating a correctional facility as a private, commer cial enterprise to house and care for certain inmates other than county prisoners.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 886. By Representatives Watts of the 41st, Parham of the 105th and Watson of the 114th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the uni form rules of the road, so as to require vehicles used to transport certain sub stances to be marked in a certain way.
Referred to the Committee on Motor Vehicles.
HB 887. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st:
A bill to amend an Act creating the State Court of Carroll County, so as to change the compensation of the judge of said court.
Referred to the Committee on State Planning & Community Affairs - Local.
HR 384. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A resolution proposing an amendment to the Constitution so as to authorize guaranteed revenue debt to be incurred to finance revenue-producing educa tional facilities or the renovation of such facilities of the Board of Regents of the University System of Georgia.
Referred to the Committee on Appropriations.
1254
JOURNAL OF THE HOUSE,
HR 385. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st:
A resolution proposing an amendment to the Constitution so as to authorize guaranteed revenue debt to be incurred to finance loans to, and the acquisi tion of loans made by others to, businesses to encourage economic develop ment in the state as provided by general law.
Referred to the Committee on Appropriations.
HR 399. By Representatives McKinney of the 40th, McKinney of the 35th, Redding of the 50th, Brooks of the 34th, Teper of the 46th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for a program or programs of loans, scholarships, and grants and the insuring of loans and payment of interest on loans to citizens of this state who as members of the Georgia National Guard or Reserves were called to active duty and served in the armed forces of the United States.
Referred to the Committee on Defense & Veterans Affairs.
By unanimous consent, the rules were suspended in order that the following Bills and
Resolution of the House could be introduced, read the first time and referred to the com mittees:
HB 888. By Representatives Holland of the 136th, Coleman of the 118th, Lane of the 27th, Walker of the 115th, Hanner of the 131st and others:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno tated, relating to unfair or deceptive practices in consumer transactions, so as to make certain provisions relating to the use of certain parts in repairing damaged automobiles.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 889. By Representatives Thomas of the 69th and Martin of the 26th:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions relating to administration of the laws relating to mental health; to provide for access by the Department of Human Resources and county boards of health to certain records.
Referred to the Committee on Judiciary.
HR 402. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Murphy of the 18th, Walker of the 115th and others:
A resolution creating the James Earl Carter, Jr. Tribute Commission.
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 858 HB 859
HB 860 HB 861
HB 862 HB 863
HB 869 HR 379
TUESDAY, FEBRUARY 26, 1991
1255
HR 380 SB 31 SB 285 SB 290 SB 291 SB 309 SB 317
SB 318 SB 338 SB 342 SB 347 SB 359 SR 180
Representative Reaves of the 147th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 844 Do Pass, as Amended SB 311 Do Pass
Respectfully submitted, /s/ Reaves of the 147th
Chairman
Representative Pinkston of the 100th District, Chairman of the Committee on Banks & Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 383 Do Pass SB 42 Do Pass SB 162 Do Pass
Respectfully submitted, /s/ Pinkston of the 100th
Chairman
Representative Smyre of the 92nd District, Chairman of the Committee on Industrial Relations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 550 Do Pass, by Substitute HB 773 Do Pass
Respectfully submitted, /s/ Smyre of the 92nd
Chairman
Representative Randall of the 101st District, Chairman of the Committee on Special Judiciary, submitted the following report:
1256
JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 502 Do Not Pass HB 390 Do Not Pass HB 639 Do Pass
Respectfully submitted, /a/ Randall of the 101st
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 518 Do Pass
HB 542 Do Pass HB 649 Do Pass HB 843 Do Pass HB 853 Do Pass
HB 856 Do Pass
SB 43 Do Pass, by Substitute SB 77 Do Pass HB 730 Do Pass, by Substitute
Respectfully submitted, /a/ Lane of the 27th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR TUESDAY, FEBRUARY 26, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 29th Legislative Day as enu merated below:
HB 11 Alcoholic Beverage; Open Containers While Driving; Prohibitions HB 63 DUI; Publication of Name, Picture, Etc. HB 232 Co/Mun.; Mutual Aid Agreements; Law Enforcement Assistance HB 248 Prison Inmates or Personnel; Random Drug Testing HB 266 Agricultural Property; Preferential Assessment; Date of Covenant HB 406 Occupational Disease; Claim; Extend Time for Filing (Rec.) HB 408 Psychologist; Scope of Service HB 416 Assistant District Attorneys; Child Support Recovery Duties HB 427 General Assembly; Oath; State Court Judge Administer HB 449 Family Violence Offense; Written Reports HB 540 Year's Support; Determination of Amount HB 563 Real Estate Transfer Tax; Certain Heirs; Exemption HB 626 Unincorporated Areas of County; Ordinances; Fines
HR 185 County-Wide Calling Plan; Urge PSC Expand Toll-Free Band HR 286 Amtrak; Proposed Service Through Georgia; Endorse
TUESDAY, FEBRUARY 26, 1991
1257
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COM MITTEE
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 730. By Representatives Selman of the 32nd, Abernathy of the 39th, Lane of the 27th, Felton of the 22nd, Campbell of the 23rd and others:
A bill to provide that each resident of the Fulton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within the homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educational purposes on the full value of such person's homestead owned and occupied by such person as a residence.
The following Committee substitute was read and adopted:
A BILL
To provide that each resident of the Fulton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within the homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educational purposes on the full value of such person's homestead owned and occupied by such person as a residence; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to provide for applicability; to provide for exceptions; to provide for related mat ters; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) The homestead of each resident of the Fulton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within such homestead, does not exceed $30,000.00 per annum shall be exempted from all Fulton County School District ad valorem taxes for educational purposes.
(b) In order to qualify for the exemption provided for in subsection (a) of this sec tion as being permanently disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such per son is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent.
(c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Fulton County giving the person's age, or if permanently disabled, the certificate or cer tificates required by subsection (b) of this section, and the amount of gross income which the person and the person's spouse and any other persons residing within such homestead received during the last taxable year, and such additional information relative to receiving
1258
JOURNAL OF THE HOUSE,
such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide
affidavit forms for this purpose. (d) Applications for the homestead exemption provided for by this section shall be
processed in the same manner as other applications for homestead exemption, and the pro
visions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto. After a person has filed the proper affi davit and certificate or certificates, if disabled, as provided in subsections (b) and (c) of
this section, it shall not be necessary to make application and file such affidavit and certif icate thereafter for any year and the exemption shall continue to be allowed to such per son. It shall be the duty of any such person, however, to notify the tax commissioner in
the event such person becomes ineligible for any reason to receive the homestead exemp
tion granted by this section. (e) The homestead exemption granted by this section shall be cumulative of any
other homestead exemption applicable to Fulton County School District ad valorem taxes.
The homestead exemption granted by this section shall apply to all taxable years begin
ning after December 31, 1992. (f) The homestead exemption granted by this section shall not apply to or affect any
taxes levied to retire bonded indebtedness, state taxes, county taxes for county purposes, or municipal taxes.
Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as pro vided in this section for the purpose of submitting this Act to the electors of the Fulton County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1992, state-wide general election and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fulton County. The ballot shall have written or printed thereon the words:
"( ) YES ( ) NO
Shall the Act be approved which provides that each resident of the Ful ton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and any other persons residing within such homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educational purposes on the full value of such person's homestead owned and occupied by such person as a residence?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those per sons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immedi ately following that election date.
The expense of such election shall be borne by Fulton County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.
Section 3. Section 2, this section, and Section 4 of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
TUESDAY, FEBRUARY 26, 1991
1259
Y Abemathy
Y Adams Y Aiken
Alford
Y Atkins Baker
Y Balkcom YBarfoot
Bargeron Y Barnett.B Y Barnett,M Y Bates YBeatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter YChafm E Chambless Y Cheeks Y Childers Y Clark.E Y Clark,H
Clark,L
Y Coker Coleman Colwell Connell
Y Culbreth Cummings.B Cummings,M
Y Davis,G Davis.M
Y Don,H Dinon.S
YDobbs Dover
YDunn Edwards
Y EUiott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover
Hamilton Y Hammond
Hanner Y Harris,B
Y Harris,J Y Heard
Henson
Y Herbert Y Hightower
Holland Holmes Howard
Hudson Ylrwin Y Jackson
Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Kingston
Y Klein YLadd YLane,D
Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Mitam Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr YOrrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit
Pinholstei Pinkston YPoag Y Porter
Y Poston Y Powell,A Y Powell.C Y Purcell
Randall YRay
Reaves Redding Ricketson Y Royal YSelman Y Sherrill Simpson Y Sinkfield Y Skipper Smith,L
Y Smith,P Y Smith.T
Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S
Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas,N
Thurmond Y Titus
Tolbert Townsend Y Turnquest Twiggs Y Valenti Y Vaughan Y Walker,J Walker.L YWall Ware Y Watson
Y Watts Y White
Wilder WilliamsJB Y Williams,J Williams.R Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 128, nays 0.
The Bill, having received the requisite two-thirds constitutional majority, was passed, by substitute.
Representative Davis of the 45th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 518. By Representative Holmes of the 28th:
A bill to amend an Act providing for urban enterprise zones in the City of Atlanta, as amended, so as to add provisions with respect to the creation of certain zones for residential purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 542. By Representative McKinney of the 35th:
A bill to amend an Act providing for the appointment of chief deputies by certain county officers of Fulton County, so as to delete the sheriff of Fulton County from the provisions of said Act.
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the ayes were 128, nays 0.
1260
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed.
HB 649. By Representatives McKinney of the 40th and McKinney of the 35th:
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Fulton County during designated registration periods, as provided in Code Section 40-2-20.1 of the Official Code of Georgia Annotated.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 843. By Representative Fennel of the 155th: A bill to provide a new charter for the City of Brunswick.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 853. By Representatives Dover of the llth and Jamieson of the llth:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of White County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 856. By Representatives Walker of the 113th and Watson of the 114th:
A bill to amend an Act incorporating the City of Centerville, so as to revise provisions relating to the authority of the police court to impose fines and imprisonment; to provide that neither the mayor nor any councilmember may hold an elected or appointed office or otherwise be employed by the city.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 43. By Senator Egan of the 40th:
A bill to provide for the determination of the millage rate by the governing authorities of Fulton County, the City of Atlanta, any municipality wholly or partially located in Fulton County, the school systems of Fulton County, the City of Atlanta, and any other municipalities wholly or partially located in Fulton County, and any special tax district in Fulton County.
TUESDAY, FEBRUARY 26, 1991
1261
The following Committee substitute was read and adopted:
A BILL
To provide for the determination of the millage rate by the governing authorities of Fulton County, the City of Atlanta, any municipality wholly or partially located in Fulton County, the school systems of Fulton County, the City of Atlanta, and any other munici palities wholly or partially located in Fulton County, and any special tax district in Fulton County; to provide for definitions; to provide for certification of taxable values and millage rates by the tax commissioner of Fulton County; to provide for the adoption of millage rate resolutions and ordinances; to provide procedures for the adoption of a millage rate; to provide for the publication of notices; to provide for the form of notices; to provide the procedure for adopting the ordinance or resolution; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. As used in this Act, the term: (1) "Ad valorem tax" or "property tax" means a tax imposed upon the assessed
value of property. (2) "Certified tax digest" means that annual property tax digest certified by the
tax commissioner of Fulton County to the Georgia Department of Revenue and approved by the state revenue commissioner.
(3) "Governing authority" means that official or group of officials responsible for governance of a taxing jurisdiction.
(4) "Local fair share" means the amount of funds that each local school system shall be required to spend each fiscal year to support the Quality Basic Education Program pursuant to Code Section 20-2-164.
(5) "Mill" means one one-thousandth of a United States dollar. (6) "Millage" or "millage rate" means the levy, in mills, which is established by the governing authority for purposes of financing, in whole or in part, the county's, municipalities', or school systems' expenses for their fiscal years. (7) "Roll-back rate" means the millage rate levied in the fiscal year immediately preceding the new fiscal year minus the millage equivalent of the values added by reassessment of real property certified by the chief assessor of Fulton County; pro vided, however, that the five mills local fair share shall be excluded from the millage rate levied in the fiscal year immediately preceding the new fiscal year for purposes of rollback and that local school systems be authorized to levy the millage required to raise the local fair share required to support the Quality Basic Education Program pursuant to Code Section 20-2-164. (8) "Taxing jurisdiction" means Fulton County, the City of Atlanta, any munici pality located wholly or partially in Fulton County, the school systems of the county and any such cities, and any special tax district of Fulton County. (9) "Values added by reassessments" means all taxable assessed values added to the certified tax digest as a result of revaluation of existing real property, not includ ing taxable values added as a result of new construction or additions or deletions of structures from the most recent certified tax digest or additions or deletions in the aggregate taxable value of property other than real property.
Section 2. On or before June 1, 1991, or 30 days before a governing authority is required to establish its millage rates, whichever is earlier, and on or before such date each year thereafter, the chief tax assessor of Fulton County shall certify to the governing authority estimates of:
(1) The assessed taxable value of all property, by class of property and in total, which is subject to taxation for that fiscal year within the county;
(2) The assessed taxable value contained in the certified tax digest for that fiscal year which was added by reassessment of existing properties; and
(3) Instructions describing the method to compute a millage rate for the next fiscal year which, exclusive of values added by new construction, additions, deletions, and
1262
JOURNAL OF THE HOUSE,
property added or deleted due to geographic boundary changes but inclusive of values added by reassessments, will provide the same ad valorem tax revenue for the taxing jurisdiction's next fiscal year as was levied during the current fiscal year; provided, however, that the millage rate for local school systems shall be computed pursuant to paragraph (7) of Section 1 of this Act.
Section 3. (a) No millage for the calendar year beginning in 1991 and any year there after may be levied until the governing authority adopts a resolution or ordinance which specifies the millage rate. The resolution or ordinance shall be adopted at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction and shall be adopted only after the governing authority of the taxing jurisdic tion has complied with the provisions of this section. Whenever the governing authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it may establish its millage rate pursuant to this subsection.
(b) In those instances in which the governing authority proposes to establish any millage rate which would require increases beyond the roll-back rate, the governing author ity shall advertise its intent to do so and meet again to adopt its ordinance or resolution establishing a millage rate in excess of the roll-back rate. The meeting shall be held not earlier than three weeks following the date when the proposed millage rate was deter mined.
(c) Not later than one week prior to final consideration of the proposed millage rate, the governing authority shall place an advertisement in a newspaper of general circulation serving the residents, which shall read as follows:
NOTICE OF PROPERTY TAX INCREASE The (name of governing authority) has tentatively adopted a millage rate which will require an increase in property taxes of (percentage increase over roll-back rate) percent. All concerned citizens are invited to the public hearing on this tax increase to be held at (place of meeting) on (date and time). A FINAL DECISION on the proposed tax increase will be made only after this hear ing. (d) The advertisement shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear. (e) After the final hearing, the millage rate shall be adopted. The ordinance or reso lution shall specify the roll-back rate and the final millage rate. (f) Any notice or hearing required under this section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36 of the O.C.G.A. Noth ing in this section shall be deemed to preclude the conduct of further hearings, if the gov erning authority deems such hearings necessary and complies with the general notice requirements of subsections (a) and (c) of this section. (g) A subsequent adjustment in the millage rate for the then current tax year made by the governing authority of any taxing jurisdiction to effect the adjustments required by Article 5A of Chapter 5 of Title 48 of the O.C.G.A. shall not require new advertisement and hearings as required in this section.
Section 4. Nothing contained in this Act shall serve to extend or authorize any millage rate in excess of the maximum millage rate permitted by law or to prevent the reduction of the millage rate.
Section 5. Failure of a taxing jurisdiction to comply with the requirements of this bill shall not invalidate any tax bill.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
TUESDAY, FEBRUARY 26, 1991
1263
SB 77. By Senator Thompson of the 33rd:
A bill to amend an Act creating the board of commissioners for Cobb County, Georgia, as amended, so as to require a public hearing before the commission is authorized to spend over $100,000.00 to employ an indepen dent consultant or conduct an independent study; to provide for notice of hearing.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 269. By Senators Hammill of the 3rd, Burton of the 5th, Hill of the 4th and oth ers:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to establish the Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; to pro vide a short title; to define certain terms.
SB 284. By Senators Garner of the 30th, English of the 21st and Ray of the 19th:
A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to emergency medi cal services, so as to provide that medical directors of licensed ambulance services, first responders, and neonatal services are authorized to furnish and control the number and type of intravenous fluids required on the vehicles of their particular services.
SB 299. By Senators Garner of the 30th and Albert of the 23rd:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Anno tated, relating to emergency medical services, so as to change the provisions relating to definitions; to provide for the licensure and regulation of air ambulance services and provide for classes of licenses and requirements for licensure; to provide for penalties.
SB 315. By Senators Newbill of the 56th, Shumake of the 39th and Moye of the 34th:
A bill to amend Code Section 15-11-41 of the Official Code of Georgia Anno tated, relating to limitations of time on orders of disposition committing a delinquent or unruly child to the Division of Youth Services, so as to provide for additional periodic reviews for cases of children in foster care under the supervision of the Division of Family and Children Services of the Depart ment of Human Resources.
1264
JOURNAL OF THE HOUSE,
SB 324. By Senators Ragan of the 32nd, Thompson of the 33rd, Edge of the 28th and others:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Anno tated, relating to designation of emergency vehicles and flashing or revolving lights, so as to restrict the use of flashing or revolving green lights.
SB 335. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to provide for the transfer of probation and intake services and probation and intake employees to the Department of Human Resources; to provide for definitions; to provide for salary schedules and personnel policies; to provide for transfer approvals; to provide an effective date.
SB 351. By Senators White of the 48th, Albert of the 23rd, Perry of the 7th and oth ers:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for issuance of a special and distinctive license plate for active duty or retired members of the armed forces of the United States; to provide for fees; to provide for a minimum number of applications; to provide for application procedures; to provide for transfer and renewals.
HB 93. By Representative Smith of the 78th:
A bill to amend Code Section 48-5-18 of the Official Code of Georgia Anno tated, relating to time for making tax returns, so as to provide for dates for opening and closing books for the return of taxes.
HB 313. By Representative Campbell of the 23rd:
A bill to amend Code Section 36-32-21 of the Official Code of Georgia Anno tated, relating to definitions of terms used in Article 2 of Chapter 32 of Title 36, known as "The Georgia Municipal Courts Training Council Act," so as to change the definition of the term "certified municipal judge".
HB 343. By Representative Lawson of the 9th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' com pensation, so as to authorize independent school systems of municipalities to participate in a group self-insurance fund comprised of municipalities.
HB 351. By Representative Watson of the 114th:
A bill to amend Code Section 43-3-6 of the Official Code of Georgia Anno tated, relating to requirements for the certificate of "certified public accoun tant," so as to change the educational requirements.
HB 548. By Representative Lane of the 27th:
A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to the acquisition, construction, and maintenance of airports and landing fields by counties and municipalities, so as to pro hibit the acquisition of property by condemnation outside the territorial boundaries of the county or municipality for a certain period of time.
TUESDAY, FEBRUARY 26, 1991
1265
HB 589. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Kilgore of the 42nd and Hamilton of the 124th:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to transfer from the State Board of Education, Georgia Department of Education, and State School Superintendent and to the Pro fessional Standards Commission and executive secretary thereof certain func tions relating to the certification of school personnel.
SB 361. By Senator Edge of the 28th:
A bill to amend an Act creating a new charter for the City of Griffin, as amended, so as to define the taxation and finance powers of the board of commissioners; to provide that certain property in the homestead of each res ident of the City of Griffin who is totally disabled or who is 62 years of age or older and who has less than $12,500.00 of specified income during the pre ceding calendar year shall be entirely exempt from City of Griffin ad valorem taxation; to provide the amounts of and qualifications for said exemptions.
SB 362. By Senator Edge of the 28th:
A bill to be entitled an Act to provide for the Griffin-Spalding County Per sonal Care Health Board, a board to take such actions and do such things as it shall deem necessary and proper to inspect and license personal care health facilities; to provide for the board to be administratively attached to the Spalding County Board of Health.
SB 368. By Senator Baldwin of the 29th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, as amended, so as to permit the authority to buy, acquire, develop, improve, own, operate, maintain, sell, lease, and mortgage property; to permit the authority to exercise eminent domain for the purpose of this Act.
HB 737. By Representative Branch of the 137th:
A bill to provide that the school superintendent of the Ben Hill County School District shall be appointed by the board of education rather than elected.
HB 759. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act placing the clerk of the Superior Court of Rabun County on an annual salary, so as to change the compensation of the clerk of the superior court.
HB 764. By Representatives Dixon of the 151st and Blitch of the 150th:
A bill to amend an Act creating the Downtown Waycross Development Authority, so as to change the composition of the Authority; to provide for the term of office of the additional member; to authorize the Authority to contract with Ware County for the collection of any taxes levied by the Authority.
HB 766. By Representatives Jamieson of the llth, Dover of the llth and Beatty of the 12th:
A bill to amend an Act providing a salary for the coroner of Banks County, so as to change the compensation of the coroner.
1266
JOURNAL OF THE HOUSE,
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the Senate and House:
SR 146. By Senators Hammill of the 3rd, English of the 21st, Walker of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the Technology Related Assistance Trust Fund for Individuals with Disabilities by providing for addi tional penalties or fees in certain cases in any court in this state in which a person is adjudged guilty of such an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state; to provide for the submission of this amendment for ratification or rejection.
SR 149. By Senators Pollard of the 24th, Foster of the 50th and Edge of the 28th:
A resolution creating the Joint Study Committee on Teachers' Accumulated Sick Leave.
HR 162. By Representatives Connell of the 87th and Murphy of the 18th: A resolution naming the "Steve Polk Plaza".
HR 376. By Representatives Connell of the 87th and Thomas of the 69th:
A resolution recognizing and celebrating March 1, 1991, as Saint David's Day in the State of Georgia.
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bills of the House:
HB 149. By Representative Barnett of the 59th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to the uniform rules of the road, so as to prohibit operation of a radio, stereo, or other sound-making device from a motor vehicle at a level that is audible at a distance of 100 feet or more.
HB 268. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Hamilton of the 124th:
A bill to amend Chapter 7 of Title 28 of the Official Code of Georgia Anno tated, relating to lobbying and representation by agents in the General Assembly, so as to require persons representing departments, boards, agen cies, associations, commissions, councils, and other entities of state govern ment to register with the Secretary of State.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:
HB 173. By Representatives Lee of the 72nd, Groover of the 99th and Walker of the 115th:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, so as to change provisions relating to succes sion to the office of Clerk of the House.
TUESDAY, FEBRUARY 26, 1991
1267
HB 582. By Representative Smyre of the 92nd:
A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Annotated, relating to exemptions from the "Nonpublic Postsecondary Edu cational Institutions Act of 1990," so as to exempt certain nonpublic medical schools from the application of such Act.
The Senate has agreed to the House amendment to the following Bill of the Senate:
SB 252. By Senator Pollard of the 24th:
A bill to amend an Act providing a new charter for the City of Harlem so as to provide the time of election, taking of office, and terms of office of the mayor and council; to provide for the authority for this Act.
The Senate has adopted the report of the Committee of Conference on the following Bill of the House:
HB 284. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1990-1991 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1990-1991.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 269. By Senators Hammill of the 3rd, Burton of the 5th, Hill of the 4th and oth ers:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to establish the Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; to pro vide a short title; to define certain terms.
Referred to the Committee on Appropriations.
SB 284. By Senators Garner of the 30th, English of the 21st and Ray of the 19th:
A bill to amend Article 1 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to emergency medi cal services, so as to provide that medical directors of licensed ambulance services, first responders, and neonatal services are authorized to furnish and control the number and type of intravenous fluids required on the vehicles of their particular services.
Referred to the Committee on Health & Ecology.
SB 299. By Senators Garner of the 30th and Albert of the 23rd:
A bill to amend Chapter 11 of Title 31 of the Official Code of Georgia Anno tated, relating to emergency medical services, so as to change the provisions relating to definitions; to provide for the licensure and regulation of air ambulance services and provide for classes of licenses and requirements for licensure; to provide for penalties.
Referred to the Committee on Health & Ecology.
1268
JOURNAL OF THE HOUSE,
SB 315. By Senators Newbill of the 56th, Shumake of the 39th and Moye of the 34th:
A bill to amend Code Section 15-11-41 of the Official Code of Georgia Anno tated, relating to limitations of time on orders of disposition committing a delinquent or unruly child to the Division of Youth Services, so as to provide for additional periodic reviews for cases of children in foster care under the supervision of the Division of Family and Children Services of the Depart ment of Human Resources.
Referred to the Committee on Human Relations & Aging.
SB 324. By Senators Ragan of the 32nd, Thompson of the 33rd, Edge of the 28th and others:
A bill to amend Code Section 40-8-92 of the Official Code of Georgia Anno tated, relating to designation of emergency vehicles and flashing or revolving lights, so as to restrict the use of flashing or revolving green lights.
Referred to the Committee on Public Safety.
SB 335. By Senators Walker of the 22nd and Albert of the 23rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to provide for the transfer of probation and intake services and probation and intake employees to the Department of Human Resources; to provide for definitions; to provide for salary schedules and personnel policies; to provide for transfer approvals; to provide an effective date.
Referred to the Committee on Judiciary.
SB 351. By Senators White of the 48th, Albert of the 23rd, Perry of the 7th and oth ers:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for issuance of a special and distinctive license plate for active duty or retired members of the armed forces of the United States; to provide for fees; to provide for a minimum number of applications; to provide for application procedures; to provide for transfer and renewals.
Referred to the Committee on Motor Vehicles.
SB 361. By Senator Edge of the 28th:
A bill to amend an Act creating a new charter for the City of Griffin, as amended, so as to define the taxation and finance powers of the board of commissioners; to provide that certain property in the homestead of each res ident of the City of Griffin who is totally disabled or who is 62 years of age or older and who has less than $12,500.00 of specified income during the pre ceding calendar year shall be entirely exempt from City of Griffin ad valorem taxation; to provide the amounts of and qualifications for said exemptions.
Referred to the Committee on State Planning & Community Affairs - Local.
TUESDAY, FEBRUARY 26, 1991
1269
SB 362. By Senator Edge of the 28th:
A bill to be entitled an Act to provide for the Griffin-Spalding County Per sonal Care Health Board, a board to take such actions and do such things as it shall deem necessary and proper to inspect and license personal care health facilities; to provide for the board to be administratively attached to the Spalding County Board of Health.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 368. By Senator Baldwin of the 29th:
A bill to amend an Act creating the Downtown LaGrange Development Authority, as amended, so as to permit the authority to buy, acquire, develop, improve, own, operate, maintain, sell, lease, and mortgage property; to permit the authority to exercise eminent domain for the purpose of this Act.
Referred to the Committee on State Planning & Community Affairs - Local.
SR 146. By Senators Hammill of the 3rd, English of the 21st, Walker of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the Technology Related Assistance Trust Fund for Individuals with Disabilities by providing for addi tional penalties or fees in certain cases in any court in this state in which a person is adjudged guilty of such an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Judiciary.
SR 149. By Senators Pollard of the 24th, Foster of the 50th and Edge of the 28th:
A resolution creating the Joint Study Committee on Teachers' Accumulated Sick Leave.
Referred to the Committee on Education.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 449. By Representatives Benefield of the 72nd, Herbert of the 76th, King of the 72nd, Buckner of the 72nd, Chafin of the 72nd and others:
A bill to amend Chapter 4 of Title 17 of the Official Code of Georgia Anno tated, relating to arrests of persons, so as to provide that the decision to arrest shall not be based on the specific consent or request of the victim or consider the relationship between the parties; to provide for a written report in every incident of family violence investigated.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests of persons, so as to provide that the decision to arrest shall not be based on
1270
JOURNAL OF THE HOUSE,
the specific consent or request of the victim or consider the relationship between the par ties; to provide for a written report in every incident of family violence investigated; to provide for the contents of such report; to provide for compilation of statistics; to provide that reports made when no arrest is made shall not be open to inspection; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests of persons, is amended by adding a new Code Section 17-4-20.1 to read as fol lows:
"17-4-20.1. (a) Whenever a law enforcement officer responds to an incident in which an act of family violence, as defined in Code Section 19-13-1, has been committed, the officer shall not base the decision of whether to arrest and charge a person on the specific consent of the victim or on a request by the victim solely, or on consideration of the relationship of the parties. No officer investigating an incident of family violence shall threaten, suggest, or otherwise indicate the arrest of all parties for the purpose of discouraging requests for law enforcement intervention.
(b) Where complaints of family violence are received from two or more opposing par ties, the officer shall evaluate each complaint separately to attempt to determine who was the primary aggressor. If the officer determines that one of the parties was the pri mary physical aggressor, the officer shall not be required to arrest any other person believed to have committed an act of family violence during the incident. In determining whether a person is a primary physical aggressor, an officer shall consider:
(1) Prior family violence involving either party; (2) The relative severity of the injuries inflicted on each person; (3) The potential for future injury; and (4) Whether one of the parties acted in self-defense. (c) Whenever a law enforcement officer investigates an incident of family violence, whether or not an arrest is made, the officer shall prepare and submit to the supervisor or other designated person a separate written report of the incident entitled 'Family Violence Report.' The report shall include the following: (1) Name of the parties; (2) Relationship of the parties; (3) Sex of the parties; (4) Date of birth of the parties; (5) Time, place, and date of the incident; (6) Whether children were involved or whether the act of family violence was com mitted in the presence of children; (7) Type and extent of the alleged abuse; (8) Existence of substance abuse; (9) Number and types of weapons involved; (10) Existence of any prior court orders; (11) Number of complaints involving persons who have filed previous complaints; (12) Type of police action taken in disposition of case, the reasons for the officer's determination that one party was the primary physical aggressor, and mitigating cir cumstances for why an arrest was not made; (13) Whether the victim was apprised of available remedies and services; and (14) Any other information that may be pertinent. (d) The report provided for in subsection (c) of this Code section shall be considered as being made for statistical purposes only and where no arrests are made shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50. (e) Each police department, including local precincts and county sheriff departments, shall report all family violence incidents, both arrests and nonarrests, to the Georgia Crime Information Center, which shall compile statistics of family violence crimes and cause them to be published annually in the Georgia Uniform Crime Reports. An offense shall be counted for each incident reported to the police. A zero shall be reported if no incidents have occurred during the reporting period."
TUESDAY, FEBRUARY 26, 1991
1271
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 427. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Edwards of the 112th and Groover of the 99th:
A bill to amend Code Section 28-1-4 of the Official Code of Georgia Anno tated, relating to the oath of office for members of the General Assembly, so as to authorize judges of the state courts to administer the oath of office to members of the General Assembly.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 266. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-5-7.1 of the Official Code of Georgia Anno tated, relating to the preferential tax assessment for tangible real property devoted to bona fide agricultural purposes, so as to change certain provisions relating to the beginning date of a covenant period.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 626. By Representatives Redding of the 50th, Baker of the 51st, Alford of the 57th, Atkins of the 21st, McKinney of the 35th and others:
A bill to amend Code Section 36-1-20 of the Official Code of Georgia Anno tated, relating to ordinances for governing and policing unincorporated areas of the county, so as to increase the maximum fine from $500.00 to $1,000.00.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
1272
JOURNAL OF THE HOUSE,
HB 232. By Representatives Snow of the 1st, McCoy of the 1st, Meadows of the 91st, Perry of the 5th, Langford of the 7th and others:
A bill to amend Chapter 69 of Title 36 of the Official Code of Georgia Anno tated, known as the "Georgia Mutual Aid Act," so as to authorize counties and municipalities in this state to enter into contracts and mutual aid agree ments with counties or municipalities of any other state or with any agency of the United States for the provision of law enforcement services in a local emergency to the extent that the laws of such other state or the United States permit such joint contracts or agreements to furnish one another assistance in law enforcement.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
The following Resolution of the House was read and adopted:
HR 401. By Representatives Dobbs of the 74th, Murphy of the 18th, Lee of the 72nd, Walker of the 115th, Hanner of the 131st and others:
A resolution congratulating Representative Bob Lane of the lllth District on his induction into the American Softball Association Hall of Fame.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was again taken up for consideration:
HB 406. By Representatives Orrock of the 30th, Martin of the 26th, Brown of the 88th, Turnquest of the 56th and Bordeaux of the 122nd:
A bill to amend Code Section 34-9-281 of the Official Code of Georgia Anno tated, relating to prerequisites to compensation for occupational disease, so as to extend the time period for filing of claims resulting from occupational disease.
By unanimous consent, the House reconsidered its action in adopting the Committee substitute, as amended.
By unanimous consent, the Committee substitute, as amended, was withdrawn.
The following substitute, offered by Representative Orrock of the 30th, was read and adopted:
A BILL
To amend Code Section 34-9-281 of the Official Code of Georgia Annotated, relating to prerequisites to compensation for occupational disease, so as to extend the time period for filing of claims resulting from exposure to asbestos; to provide that this Act shall not operate to revive any claim barred prior to July 1, 1991; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 34-9-281 of the Official Code of Georgia Annotated, relating to prerequisities to compensation for occupational disease, is amended by striking para graph (2) of subsection (b) in its entirety and inserting in its place a new paragraph (2) to read as follows:
TUESDAY, FEBRUARY 26, 1991
1273
"(2) The claim for disablement is filed within one year after the date the employee knew or, in the exercise of reasonable diligence, should have known of the disablement and its relationship to the employment; but in no event shall the claim for disablement be filed in excess of seven years after the last injurious exposure to the hazard of such disease in such employment; provided however, that an employee with asbestosis. mesothelioma, or asbestos cancer related to exposure to asbestos shall have two years from the date of first disablement after diagnosis of such disease to file a claim for dis ablement. In cases of death where the cause of action was not barred during the employee's life, the claim must be filed within one year of the date of death."
Section 2. This Act shall not operate to revive any claim barred prior to July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the passage of the Bill, by substitute, the ayes were 97, nays 18.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolution of the House were taken up for consideration and read the third time:
HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd, Alford of the 57th, Walker of the 115th and others:
A resolution endorsing Amtrak's proposed resumption of passenger rail ser vice between Chicago and Florida with extensive service through Georgia.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 101, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 540. By Representatives Martin of the 26th and Randall of the 101st:
A bill to amend Chapter 5 of Title 53 of the Official Code of Georgia Anno tated, relating to year's support, so as to change the provisions relating to what may be considered in determining the amount to be set apart as year's support.
The following amendment was read and adopted:
Representative Martin of the 26th moves to amend HB 540 by striking line 27 of page 2 and inserting in lieu thereof the following:
"known unpaid debts and claims against the estate.'"
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 96, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
1274
JOURNAL OF THE HOUSE,
The following Resolution of the House was read:
HR 400. By Representatives Dixon of the 128th, Hamilton of the 124th, Pelote of the 127th, Merritt of the 123rd, Bordeaux of the 122nd and others:
A resolution recognizing the Savannah, Georgia, St. Patrick's Day Parade and Festivities and inviting the Grand Marshal and the General Chairman and their aids to appear before the House of Representatives.
The following amendment was read and adopted:
Representative Dixon of the 128th moves to amend HR 400 as follows: On line 3 of page one, delete "aids" and insert "aides".
The Resolution, as amended, was adopted.
The Speaker announced the House in recess until 1:00 o'clock this afternoon.
TUESDAY, FEBRUARY 26, 1991
1275
AFTERNOON SESSION
The Speaker called the House to order.
Representative Coleman of the 118th District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 120 Do Pass HB 285 Do Pass, by Substitute
HB 808 Do Pass HR 119 Do Pass
Respectfully submitted, /s/ Coleman of the 118th
Chairman
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 508. By Representatives Chambless of the 133rd, Childers of the 15th, Valenti of the 52nd, Carrell of the 65th and others:
A bill to amend Chapter 6 of Title 31 of the Official Code of Georgia Anno tated, relating to state health planning, so as to change definitions and exemptions.
The following Resolutions of the House were read and adopted:
HR 403. By Representatives Ware of the 77th, Dunn of the 73rd, Orr of the 9th and Morsberger of the 62nd:
A resolution expressing sympathy at the passing of Isaiah F. "Ike" Williams, Jr.
HR 404. By Representatives Patten of the 149th, Adams of the 79th, Reaves of the 147th and Hudson of the 117th:
A resolution expressing regret at the passing of Windelle H. Keene.
HR 405. By Representatives Stephens of the 68th, Clark of the 13th, Powell of the 13th, Kingston of the 125th and Mobley of the 64th:
A resolution expressing regret at the passing of Mr. Willie Cleveland Wooten.
HR 406. By Representative Beatty of the 12th: A resolution commending Honorable Joseph Arthur Boyd, Jr.
1276
JOURNAL OF THE HOUSE,
HR 407. By Representative Stencil of the 66th: A resolution expressing regret at the passing of Ms. Judith E. Giles.
HR 408. By Representative Brooks of the 34th: A resolution commending Dr. Cameron M. Alexander.
HR 409. By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th:
A resolution commending the High School Leadership Rome program and the 1991 participants.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 563. By Representative Holland of the 136th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Anno tated, relating to exemption from real estate transfer tax of certain deeds and instruments, so as to provide that the distribution of real estate to beneficia ries of a will or to heirs at law pursuant to the administration of an estate shall be exempt from such property transfer tax.
The following Committee substitute was read and adopted:
A BILL
To amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to exemption from a real estate transfer tax of certain deeds and instruments, so as to pro vide that a deed of assent or distribution or any other deed carrying out the exercise of a power of appointment and certain other deeds shall be exempt from such transfer tax; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to exemption from a real estate transfer tax of certain deeds and instruments, is amended by striking the word "and" at the end of paragraph (8) of subsection (a); by renumbering paragraph (9) of subsection (a) to read paragraph (10); and by inserting immediately fol lowing paragraph (8) a new paragraph (9) to read as follows:
"(9) Any deed of assent or distribution by an executor, administrator, guardian, trustee, or custodian; any deed or other instrument carrying out the exercise of a power of appointment; and any other instrument transferring real estate to or from a fiduciary; provided, however, that the exemption provided under this paragraph shall apply only if the transfer is without valuable consideration; and".
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron
Y Barnett,B Barnett.M
Y Bates
Y Beatty Y Benefield Y Birdsong
Blitch
Y Bordeaux Y Bostick
Branch Y Breedlove
Brooks Y Brown
Brush YBuck Y Buckner
Byrd Y Campbell
Canty Carrell Y Carter YChafm E Chambless Cheeks Y Childers Y Clark,E Y Clark,H Clark,L Coker Coleman Colwell Y Connell Y Culbreth Y Cummings,B Cummings.M Davis.G Davis.M Y Diion,H Y Diion,S
TUESDAY, FEBRUARY 26, 1991
Dobbs Y Dover
Dunn Edwards Y Elliott Felton Fennel Y Floyd,J.M Y Floyd,J.W Flynt YGodbee Golden Y Goodwin Green Y Greene Griffin Y Groover Y Hamilton Hammond Hanner Y Harris,B Harris,.] Y Heard Y Henson Y Herbert Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson
Y Jenkins Jones
Y Kilgore King
Y Kingston Klein
YLadd Lane.D Lane.R Langford
Y Lawrence Y Lawson YLee
Long Lord
Lucas Lupton YMann Y Martin Y McCoy Y McKelvey McKinney.B Y McKinney.C Meadows Y Merritt
Milam Mills Y Mobley Moody Y Morsberger Y Moultrie Mueller Y Oliver.C
Oliver.M YOrr
Orrock
Padgett Par ham Y Parrish Patten Y Pelote Y Perry Pettit Y Pinholster Pinkston YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Randall
Ray Y Reaves Y Redding Y Ricketson
Y Royal Selman
Y Sherrill
Y Simpson Sinkfleld
Y Skipper Y Smith,L Y Smith,P
Smith.T Y Smith,W
1277
Y Smyre Snow Stancil.F
Y Stancil.S Stanley Stephens
Y Streat Y Taylor Y Teper
Thomas.C Thomas.M Y Thomas.N Thurmond Y Titus Tolbert Townsend Turnquest Twiggs Y Valenti Y Vaughan Walker,J Y Walker.L Y Wall Ware Watson Watts White Y Wilder Williams.B Williams.J Y Williams.R Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 416. By Representative Pettit of the 19th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Anno tated, relating to appointment and qualifications of assistant district attor neys, so as to change a definition; to provide for the appointment by district attorneys of attorneys to perform certain duties regarding recovery of child support.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolu tion of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 382 Do Pass SB 130 Do Pass
1278
JOURNAL OF THE HOUSE,
Respectfully submitted, /s/ Lee of the 72nd
Chairman
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 382. By Representative Ricketson of the 82nd:
A resolution commending the Lincoln County High School Lady Red Devils softball team and coach and inviting them to appear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:
HB 408. By Representatives Martin of the 26th, Parham of the 105th, Ware of the 77th, Holmes of the 28th, Porter of the 119th and others:
A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to permit psychologists to perform certain acts which physicians may perform in the examination, evaluation, admission, treat ment, habilitation, detention, and discharge of and other functions relating to mentally ill, mentally retarded, and alcoholic and drug dependent persons; to provide patients and clients with the ability to secure the services of a pri vate psychologist.
The following Committee substitute was read and adopted:
A BILL
To amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to permit psychologists to perform certain acts which physicians may perform in the examination, evaluation, admission, treatment, habilitation, detention, and discharge of and other functions relating to mentally ill, mentally retarded, and alcoholic and drug dependent persons; to provide that certain provisions of said title are not mandatory but are discretionary; to change the provisions regarding discharge of patients; to provide for medical evaluations and care of medical problems; to change certain provisions relating to emergency treatment; to provide patients and clients with the ability to secure the services of a private psychologist; to change the composition and quorum requirements of certain committees; to provide for the release of certain records to psychologists; to provide for the scope of privileged communications with physicians and psychologists; to provide a definition of psychologist and provide for statutory construction; to provide for immunity from liability of psychologists; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by adding after paragraph (6) of Code Section 37-1-1, relating to defi nitions used in said title, a new paragraph to read as follows:
"(6.1) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1."
Section 1.1. Said title is further amended by adding after Code Section 37-1-23 a new Code section to read as follows:
TUESDAY, FEBRUARY 26, 1991
1279
"37-1-24. No provision in this title shall require the department or any facility or private facility or any community mental health center to utilize a physician in lieu of a psychologist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function."
Section 1.2. Said title is further amended by adding after paragraph (14) of Code Section 37-3-1, relating to definitions regarding mental health, a new paragraph to read as follows:
"(14.1) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1."
Section 2. Said title is further amended by striking subsection (a) of Code Section 37-3-21, relating to discharge of voluntary patients upon recovery, and inserting in its place a new subsection to read as follows:
"(a) The chief medical officer ef th facility attending physician or psychologist shall discharge any voluntary patient who has recovered from his mental illness or who has sufficiently improved that the chief medical officer attending physician or psychologist determines that hospitalization of the patient is no longer necessary, provided that in no event shall any such patient be so discharged if, in the judgment of the chief medical effieef attending physician or psychologist of such facility, such discharge would be unsafe for the patient or others. Prior to a psychologist's discharging the patient, the attending psychologist shall obtain the concurrence of a physician."
Section 3. Said title is further amended by striking subsection (a) of Code Section 37-3-22, relating to rights of voluntary patients to discharge, and inserting in its place a new subsection to read as follows:
"(a) A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to subsection (a) of Code Section 37-3-20 or any voluntary patient's personal representa tive, legal guardian, parent, spouse, attorney, or adult next of kin may request such patient's discharge in writing at any time after his admission. If the patient was admit ted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereto, unless such other person is the legal guardian of the patient's person. The request for discharge may be submitted to the chief medical officer or to any staff physi cian or staff psychologist or staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the patient must within 24 hours be given assistance in preparing a written request. The person to whom a writ ten request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays, and legal holidays excluded. Within 72 hours, excluding Sun days and legal holidays, of the delivery of a written request for release to the chief medi cal officer, the patient must be discharged from the facility, unless the chief medical officer finds that the discharge would be unsafe for the patient or others, in which case proceedings for involuntary treatment must be initiated under either Code Section 37-3-41, Code Section 37-3-61, or Code Section 37-3-81."
Section 4. Said title is further amended by striking Code Section 37-3-24, relating to transfers of involuntary patients to voluntary status, and inserting in its place a new Code section to read as follows:
"37-3-24. Any involuntary patient may apply to be transferred to voluntary status of hospitalization and shall be so transferred if he is able to understand and exercise the rights and powers of a voluntary patient unless the chief medical officer finds that this would not be in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the chief medical officer. In any case in which such transfer to voluntary status occurs and in any case in which a patient transferred to voluntary status is discharged, notice of such transfer or discharge, as the case may
1280
JOURNAL OF THE HOUSE,
be, shall be given: to the patient and his representatives; if the patient's hospitalization was ordered by the court, to the court which entered such order; if the patient was admitted to a facility under subsection (a) of Code Section 37-3-41, to the physician or psychologist executing the certificate; and, if the patient was under criminal charges, of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. An involuntary patient transferred to voluntary status, which patient is under criminal charges, notice of which charges have been given in writing to the facility, may only be discharged into the physical custody of the law enforcement agency originally having custody of the patient. Such agency shall assume such custody within five days after the mailing of notification to the agency pursuant to this Code section."
Section 5. Said title is further amended by striking Code Section 37-3-43, relating to admission procedures for emergency receiving facilities, and inserting in its place a new Code section to read as follows:
"37-3-43. (a) A patient who is admitted to an emergency receiving facility shall be examined by a physician or psychologist as soon thereafter as possible but in any event within 48 hours and may be given such emergency treatment as is indicated by good medical professional practice. The patient must be discharged within 48 hours of his admission unless:
(1) The examining physician or psychologist concludes that there is reason to believe that the patient may be a mentally ill person requiring involuntary treatment and executes a certificate to that effect within such time; or
(2) The patient is under criminal charges, notice of which has been given in writ ing to the facility, in which case the provisions of Code Section 37-3-95 shall apply. Nothing in this chapter shall be construed to prohibit a physician or psychologist who previously executed a certificate authorized by the provisions of this chapter from exe cuting any other certificate provided for in this chapter for the same or any other patient. (b) All patients admitted by a psychologist shall receive a medical evaluation by a physician. A physician shall also be responsible for the care of any medical problem that may be present at admission or that may arise during hospitalization that is outside the scope of practice of the psychologist. {b} (c) Within 24 hours of the execution of the physician's certificate under para graph (1) of subsection (a) of this Code section, the patient shall be transported, as pro vided in Code Section 37-3-101, to an evaluating facility where he shall be received pursuant to Code Section 37-3-63 unless the patient has been determined and certified to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, in which event the patient shall be discharged under the conditions provided in Code Section 37-3-91, except that if the patient is under criminal charges, notice of which has been given in writing to the facility, the pro visions of Code Section 37-3-95 shall apply. {e} (d) Notice of any proposed discharge shall be given to the patient and his repre sentatives; if the patient was admitted to the facility under subsection (a) of Code Sec tion 37-3-41, to the physician or psychologist who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-3-41, to the court which issued the order; and, if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient."
Section 6. Said title is further amended by striking Code Section 37-3-61, relating to petitions for court ordered evaluation, and inserting in its place a new Code section to read as follows:
"37-3-61. Proceedings for a court ordered evaluation may be initiated in the follow ing manner:
(1) Any person may file an application executed under oath with the county board of health for a court ordered evaluation of a person located within that county who
TUESDAY, FEBRUARY 26, 1991
1281
is alleged by such application to be a mentally ill person requiring involuntary treat ment. Upon the filing of such application, the county board of health shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and
(2) Any person may file with the court a petition executed under oath alleging that a person within the county is a mentally ill person requiring involuntary treatment. The petition must be accompanied by the certificate of a physician or psychologist stating that he has examined the patient within the preceding five days and has found that the patient may be a mentally ill person requiring involuntary treatment and that a full evaluation of the patient is necessary."
Section 7. Said title is further amended by striking Code Section 37-3-64, relating to length of period of detention in evaluating facility, and inserting in its place a new Code section to read as follows:
"37-3-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-3-43, 37-3-63, or subparagraph (a)(3)(B) of Code Section 37-3-81.1 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not a men tally ill person requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, in which event a patient meeting those outpatient treatment requirements shall be discharged under the conditions provided in Code Section 37-3-91 but, in any event, upon the expiration of the five-day evaluation
period unless: (1) Within that period: (A) The patient is admitted as a voluntary patient under Code Section 37-3-20; or (B) The patient is admitted for involuntary inpatient treatment under Code Sec tion 37-3-81; or (2) The patient is under criminal charges, notice of which has been given in writ
ing to the facility, in which case the provisions of Code Section 37-3-95 shall apply. (b) If hospitalization appears desirable, the staff physicians or psychologists of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending physician or psychologist finds that the patient is unable to under stand the nature of voluntary hospitalization, that voluntary hospitalization would be harmful to the patient, or that the patient is determined to be a mentally ill person in need of involuntary treatment, which finding shall be entered in the patient's record. (c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-3-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized service plan be developed for that patient during the five-day period that he is detained for evaluation in the facility. (d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-3-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-3-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-3-62, to the court that ordered the evaluation."
Section 8. Said title is further amended by striking Code section 37-3-65, relating to request for transfer to another evaluating facility, and inserting in its place a new Code section to read as follows:
"37-3-65. Any patient admitted to an evaluating facility may apply to the chief medi cal officer of that facility for transfer at his own expense to any other approved evaluat ing facility. If the evaluating facility to which transfer is requested agrees to admit the
1282
JOURNAL OF THE HOUSE,
patient, and if the patient is able to pay for evaluation at such facility, he shall be trans ferred forthwith. In such case, Code Section 37-3-64 shall apply; and the time periods specified shall be counted from the date of admission to the evaluating facility to which the patient is transferred. Notice of the transfer shall be given: to the patient's represen tatives; to the person who filed the original petition, if any; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-3-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-3-41; if the patient was under crimi nal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-3-62, to the court that ordered the evaluation."
Section 9. Said title is further amended by striking subsection (a) of Code Section 37-3-81, relating to the procedure for the detention of mentally ill patients beyond the evaluation period, and inserting in its place a new subsection to read as follows:
"(a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(l)(A) of Code Section 37-3-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recom mendation is supported by the opinions of two physicians or a physician and a psycholo gist who have personally examined the patient within the preceding five days and who agree that the patient is a mentally ill person requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90. Such recommendation of the chief medical offi cer and the opinions of the physicians or physician and psychologist shall be entered on a certificate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or psychologist or a chief medical offi cer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Satur days, Sundays, and holidays excluded, after the patient is admitted to a facility for eval uation under Code Section 37-3-63. Such filing shall authorize detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:
(1) A notice that a hearing will be held and the time and place thereof; (2) A notice that the patient has a right to counsel, that the patient or his repre sentatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be repre sented by counsel; (3) A copy of the individualized service plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representative if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the service plan is sent to the patient; (4) A notice that the patient has a right to be examined by a physician or psychol ogist of his own choice at his own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of paragraph (9) of Code Section 37-3-1; and (5) A notice that the patient may waive in writing the hearing described in subsec tion (c) of this Code section."
Section 10. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 37-3-81.1 relating to disposition of patient upon hearing, and inserting in its place a new paragraph to read as follows:
TUESDAY, FEBRUARY 26, 1991
1283
"(2) That the patient is an outpatient, the court shall further determine, based upon either the individualized service plan required to be prepared under subsection (c) of Code Section 37-3-64 or subsection (b) of Code Section 37-3-91 or the individualized ser vice plan proposed by the physician or psychologist chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the likelihood of the patient's becoming an inpatient. If the court deter mines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the patient's becoming an inpatient, then the court shall order the patient to obtain that treatment and shall discharge the patient subject to such order;"
Section 11. Said title is further amended by striking subsections (a) and (b) of Code Section 37-3-82 relating to procedure upon failure of or noncompliance with involun tary outpatient treatment plan, and inserting in its place new subsections to read as fol lows:
"(a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the physician or psychologist in charge of the patient's outpatient service plan determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then that physician or psychologist may execute a certificate under the con ditions specified in subsection (a) of Code Section 37-3-41. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41.
(b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the patient fails without good cause or refuses to comply with the out patient service plan, the physician or psychologist in charge of the outpatient service plan or that physician's designee may petition the court originally approving the invol untary treatment of the patient or the court of the county in which the patient is a resi dent or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient service plan, if a physician or psychologist is availa ble there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the examining physician or psy chologist concludes that, because of a change in the patient's condition, the least restric tive alternative which would accomplish the treatment goals is hospitalization of the patient. That physician or psychologist may then execute a certificate under the condi tions specified therefor in subsection (a) of Code Section 37-3-41, if the examination is done in a community mental health center, or in Code Section 37-3-43, if the examina tion is done in an emergency receiving facility. If the patient is admitted to an emer gency receiving or evaluating facility by a psychologist, the patient shall receive a medical evaluation by a physician and a physician shall be responsible for the care of any medical problem that may be present at admission or that may arise during hospi talization that is outside the scope of practice of the psychologist. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41 or Code Section 37-3-43, as applicable."
Section 12. Said title is further amended by striking subsections (c) and (e) of Code Section 37-3-83, relating to the procedure for continued involuntary hospitalization of mentally ill persons, and inserting in their respective places new subsections to read as follows:
1284
JOURNAL OF THE HOUSE,
"(c) A Committee for Continued Involuntary Treatment Review shall be established by the chief medical officer of each hospital and shall consist of not less than three physieians and act less than twe ether persons ef a professional status five persons of pro fessional status, at least one of whom shall be a physician and at least two others of whom shall be either physicians or psychologists. The committee may conduct its meet ings with a quorum of any three members at least one of whom shall be a physician. The function of this committee shall be to review and evaluate the updated individualized service plan of each patient of the hospital and to report to the chief medical officer its recommendations concerning the patient's need for continued involun tary treatment. No person who has responsibility for the care and treatment of the indi vidual patient for whom continued involuntary treatment is requested shall serve on any committee which reviews such individual's case."
"(e) Within ten days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued invol untary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individualized service plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The attend ing physician or psychologist shall present an updated individualized service plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the attending physician or psychologist or a member of the commit tee, its written recommendations along with any minority recommendations which may also be submitted. Such report will specify whether or not the patient is a mentally ill person requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available."
Section 13. Said title is further amended by striking subsections (a) and (b) of Code Section 37-3-90, relating to physician's determination and certification as to involun tary outpatient care, and inserting in their respective places new subsections to read as follows:
"(a) When a physician or psychologist at a facility or on behalf of a facility deter mines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is a mentally ill person requiring involuntary treatment, that physician or psychologist shall further determine and certify whether there is rea son to believe the patient is:
(1) An inpatient or outpatient; and (2) If an outpatient, whether:
(A) There is available outpatient treatment; and (B) The patient will likely comply with the outpatient treatment so as to mini mize the likelihood of the patient's becoming an inpatient. (b) Unless otherwise specifically provided, the determination and certification as to paragraphs (1) and (2) of subsection (a) of this Code section shall be made within the time period required for determining whether a patient is a mentally ill person requiring involuntary treatment, except that if such determination is made by a physician or psy chologist at or on behalf of a community mental health center, the determination and certification shall be made within four hours after the patient is examined by the physi cian or psychologist."
Section 14. Said title is further amended by striking subsections (a) and (b) of Code Section 37-3-91, relating to discharge of persons meeting outpatient care criteria, and inserting in their places new subsections to read as follows:
"(a) A person who is in the physical custody of a community mental health center, emergency receiving facility, or evaluating facility and who is determined by a physician or a psychologist, at or on behalf of that facility, to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90 shall be discharged from that facility as provided in this Code section pending a full and
TUESDAY, FEBRUARY 26, 1991
1285
fair hearing or waiver thereof under Code Section 37-3-92. That discharge from a com munity mental health center shall occur within four hours after the patient is examined by a physician or a psychologist at or on behalf of that center. That discharge from an emergency receiving facility shall occur within 48 hours after the patient's admission thereto. That discharge from an evaluating facility shall occur no later than the expira tion of the five-day evaluation period established under Code Section 37-3-64.
(b) Prior to a psychologist's discharging the patient under subsection (a) of this Code section, the attending psychologist shall obtain the concurrence of a physician. In addi tion, btrt within the time period the facility is authorized to retain the patient, the facil ity at which or on behalf of which the patient was examined, which facility shall be the 'referring facility' for purposes of this part, shall prepare an individualized service plan for the patient. This plan shall be prepared in consultation with the facility at which available outpatient treatment is to be provided the patient, which facility shall be the 'receiving facility' for purposes of this part. The referring facility shall also make arrangements with the receiving facility to provide interim outpatient treatment, in accordance with the individualized service plan, to the patient pending the full and fair hearing or waiver thereof. Nothing in this Code section shall prevent a referring facility for a patient from also being the receiving facility for that patient."
Section 15. Said title is further amended by striking subsection (b) of Code Section 37-3-92, relating to hearings and notice, and inserting in its place a new subsection to read as follows:
"(b) If the patient is notified of the hearing as required under subsection (a) of this Code section and does not appear at or waive that hearing, absent a showing of good cause for not appearing, the court may issue an order commanding any peace officer to take such person into custody and deliver that person to an emergency receiving facility or the referring facility if there is a physician or psychologist available there and this chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to subsection (b) of Code Section 37-3-41."
Section 16. Said title is further amended by striking subsection (b) of Code Section 37-3-93, relating to court orders for outpatient treatment, and inserting in its place a new subsection to read as follows:
"(b) If it is necessary to continue available outpatient treatment beyond the period authorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expiration of that period the physician or psychologist responsible for that treatment, or the person responsible for the patient's treatment under the direction and with approval of the physician or psychologist shall:
(1) Update the patient's individualized service plan; (2) Prepare a report containing evidence that the patient meets all the require ments for available outpatient treatment under paragraphs (1), (2), and (3) of subsec tion (c) of Code Section 37-3-90; and (3) Petition the hearing examiners appointed to hold hearings under Code Section 37-3-83 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient. The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-3-83 within 15 days after service of the peti tion, that the patient has a right to counsel at the hearing, that the patient or the patient's representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel."
Section 17. Said title is further amended by striking subsection (b) of Code Section 37-3-94, relating to reviews of individual service plans, and inserting in its place a new subsection to read as follows:
1286
JOURNAL OF THE HOUSE,
"(b) Any time a patient is found by the physician or psychologist in charge of the patient's outpatient treatment no longer to be a mentally ill person requiring involun tary treatment, that physician or psychologist shall discharge the patient from further compliance with the treatment."
Section 18. Said title is further amended by striking Code Section 37-3-160, relat ing to respect for individual dignity of patients, and inserting in its place a new Code sec tion to read as follows:
"37-3-160. The patient's dignity as an individual shall be respected at all times and upon all occasions, including any occasion wherein the patient is taken into custody, detained, or transported. Mentally ill patients or those suspected of being mentally ill shall, to the maximum extent reasonably possible, be treated at all times as medical patients; and their handling and treatment shall be under the supervision of a physician or psychologist. For those patients under the supervision of a psychologist, a physician shall be available to take responsibility for any medical problems that may arise that are outside the psychologist's scope of practice. Except where required under conditions of extreme urgency, those procedures, facilities, vehicles, and restraining devices nor mally utilized for criminals or those accused of crime shall not be used in connection with the mentally ill."
Section 19. Said title is further amended by striking Code Section 37-3-162, relat ing to rights of patients to suitable treatment, and inserting in its place a new Code sec tion to read as follows:
"37-3-162. (a) Each patient in a facility and each person receiving services for men tal illness shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be adminis tered skillfully, safely, and humanely with full respect for the patient's dignity and per sonal integrity.
(b) Each patient shall have the right to participate in his care and treatment. The board shall issue regulations to ensure that each patient participates in his care and treatment to the maximum extent possible. Unless the disclosure to the patient is deter mined by the chief medical officer or the patient's treating physician or psychologist to be detrimental to the physical or mental health of the patient, and unless a notation to that effect is made a part of the patient's record, the patient shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the treatment recommendation, and to be fully informed concerning his medication, including its side effects and available treatment alternatives.
(c) It is the duty of the chief medical officer to ensure that each patient receives such medical attention as is suitable to his condition and that no treatment shall be given which is not recognized as standard psychiatric treatment, except upon the written consent of the patient or, if applicable, his guardian having capacity to give such con sent. If such consent is given by someone other than the patient or such guardian, court approval must be obtained after a full and fair hearing.
(d) If a patient hospitalized under this chapter is able to secure the services of a pri vate physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The chief medical officer is authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician or psychologist.
(e) Every patient admitted to a facility under this chapter shall be examined by the staff of the admitting facility as soon as possible after his admission."
Section 20. Said title is further amended by striking paragraphs (1) and (6) of sub section (a) of Code Section 37-3-166, relating to the maintenance, confidentiality, and release of clinical records of mentally ill persons, and inserting in their respective places new paragraphs to read as follows:
"(1) When the chief medical officer of the facility where the record is kept deems it essential for continued treatment, the record or parts thereof may be released to phy sicians or psychologists when and as necessary for the treatment of the patient;"
TUESDAY, FEBRUARY 26, 1991
1287
"(6) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release the patient's record to the treating physi cian or psychologist;"
Section 21. Said title is further amended by striking from said Code Section 37-3-166 subsections (b) and (c) thereof and inserting in their respective places new sub sections to read as follows:
"(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evi dence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40z or 43-39-16.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the pur pose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-212 or 24-9-40 or 43-39-16."
Section 22. Said title is further amended by striking Code Section 37-3-168, relat ing to right of patient's attorney to interview physicians, and inserting in its place a new Code section to read as follows:
"37-3-168. The patient's attorney shall have the right, at reasonable times, to inter view the physician or psychologist and staff who have attended or are now attending the patient in any facility and to have the patient's records interpreted by them. The chief medical officer is authorized and directed to establish reasonable regulations to make available to the patient's attorney all such information in the possession of the facility as the attorney requires in order to advise and represent the patient concerning his hospitalization."
Section 23. Said title is further amended by striking Code Section 37-4-6, relating to immunity of certain persons for actions taken in compliance with Chapter 4 of Title 37, and inserting in its place a new Code section to read as follows:
"37-4-6. Any physician, psychologist, peace officer, attorney, or health official? or any hospital official, agent, or other person employed by a private hospital or at a facility operated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to the 'Hospital Authorities Law,' Article 4 of Chapter 7 of Title 31^ who acts in good faith in compliance with the admission and discharge provisions of this chapter shall be immune from civil or criminal liability for his actions in connection with the admission of a client to a facility or the discharge of a client from a facility."
Section 24. Said title is further amended by striking subsection (a) of Code Section 37-4-40.2, relating to admission or discharge of mentally retarded persons in state facilities for temporary care, and inserting in its place a new subsection to read as follows:
"(a) A client taken to a facility pursuant to Code Section 37-4-40.1 shall be received there for examination by a physician or psychologist as soon thereafter as possible and may be given such emergency care and treatment as indicated. The client must be dis charged from that facility within 48 hours, Saturdays, Sundays, and holidays excluded, after being received into the physical custody of that facility unless the superintendent of that facility, or that superintendent's designee, admits the client to the facility and files a petition for a full and fair hearing with the court of the county in which the facil ity is located stating that the client has been personally examined by a physician or psy chologist in conjunction with other interdisciplinary staff designated by the superintendent at the facility and found to be a mentally retarded person requiring tem porary and immediate care, which finding shall be entered on a certificate accompanying the petition."
1288
JOURNAL OF THE HOUSE,
Section 25. Said title is further amended by adding after subsection (b) of Code Section 37-4.40.2, relating to admission and discharge of persons for whom temporary care is sought, a new subsection to read as follows:
"(b.l) All clients admitted by a psychologist shall receive a medical evaluation by a physician. A physician shall also be responsible for the care of any medical problem that may be present at admission or that may arise during hospitalization that is outside the scope of practice of the psychologist."
Section 26. Said title is further amended by striking subsection (d) of Code Section 37-4-122, relating to rights of clients to habilitation, and inserting in its place a new sub section to read as follows:
"(d) If a client admitted to a facility under this chapter is able to secure the services of a private physician or psychologist, he shall be allowed to see his physician or psy chologist at any reasonable time. The superintendent is authorized and directed to establish regulations designed to facilitate examination and treatment which a client may request from such private physician or psychologist."
Section 27. Said title is further amended by striking subsections (b) and (c) of Code Section 37-4-125, relating to confidentiality of records of mentally retarded persons, and inserting in their respective places new subsections to read as follows:
"(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the client shall be authorized to give evidence as to any matter concerning the client, eseept for includ ing evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40z or 43-39-16.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged client information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the pur pose for which such authorized disclosure is made. Any person making a disclosure authorized by subsection (a) of this Code section shall not be liable to the client or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40j or 43-39-16."
Section 28. Said title is further amended by adding after paragraph (17) of Code Section 37-7-1, relating to definitions regarding treatment of alcoholic or drug dependent persons, a new paragraph to read as follows:
"(17.1) 'Psychologist' means any person authorized under the laws of this state to practice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1."
Section 29. Said title is further amended by striking subsection (a) of Code Section 37-7-21, relating to discharge of voluntary patients upon recovery, and inserting in its place a new subsection to read as follows:
"(a) The chief medical officer ef the feefltty attending physician or psychologist shall discharge any voluntary patient who has recovered from his alcoholism, drug depen dency, or drug abuse or who has sufficiently improved that the chief- medical officer attending physician or psychologist determines that hospitalization of the patient is no longer necessary, provided that in no event shall any such patient be so discharged if, in the judgment of the chief medical effieer attending physician or psychologist of such facility, such discharge would be unsafe for the patient or others. Prior to a psychologist's discharging the patient, the attending psychologist shall obtain the con currence of a physician."
Section 30. Said title is further amended by striking subsection (a) of Code Section 37-7-22, relating to rights of voluntary patients to discharge, and inserting in its place a new subsection to read as follows:
"(a) A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to
TUESDAY, FEBRUARY 26, 1991
1289
subsection (a) of Code Section 37-7-20 or any voluntary patient's personal representa tive, legal guardian, parent, spouse, attorney, or adult next of kin may request such patient's discharge in writing at any time after his admission. If the patient was admit ted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereto, unless such other person is the legal guardian of the patient's person. The request for discharge may be submitted to the chief medical officer or to any staff physi cian or staff psychologist or staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the patient must within 24 hours be given assistance in preparing a written request. The person to whom a writ ten request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays, and legal holidays excluded. Within 72 hours, excluding Sun days and legal holidays, of the delivery of a written request for release to the chief medi cal officer, the patient must be discharged from the facility, unless the chief medical officer finds that the discharge would be unsafe for the patient or others, in which case proceedings for involuntary treatment must be initiated under either Code Section 37-7-41, Code Section 37-7-61, or Code Section 37-7-81."
Section 31. Said title is further amended by striking Code Section 37-7-24, relating to transfers of involuntary patients to voluntary status, and inserting in its place a new Code section to read as follows:
"37-7-24. Any involuntary patient may apply to be transferred to voluntary status of hospitalization and shall be so transferred if he is able to understand and exercise the rights and powers of a voluntary patient unless the chief medical officer finds that this would not be in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the chief medical officer. In any case in which such transfer to voluntary status occurs and in any case in which a patient transferred to voluntary status is discharged, notice of such transfer or discharge, as the case may be, shall be given to the patient and his representatives; if the patient's hospitalization was ordered by the court, to the court which entered such order; if the patient was admitted to a facility under subsection (a) of Code Section 37-7-41, to the physician or psychologist executing the certificate; and, if the patient was under criminal charges, of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient. An involuntary patient transferred to voluntary status, which patient is under criminal charges, notice of which charges have been given in writing to the facility, may only be discharged into the physical custody of the law enforcement agency originally having custody of the patient. Such agency shall assume such custody within five days after the mailing of notification to the agency pursuant to this Code section."
Section 32. Said title is further amended by striking Code Section 37-7-43, relating to admission procedures for emergency receiving facilities, and inserting in its place a new Code section to read as follows:
"37-7-43. (a) A patient who is admitted to an emergency receiving facility shall be examined by a physician or psychologist as soon thereafter as possible but in any event within 48 hours and may be given such emergency treatment as is indicated by good medical professional practice. The patient must be discharged within 48 hours of his admission unless:
(1) The examining physician or psychologist concludes that there is reason to believe that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and executes a certificate to that effect within such time; or
(2) The patient is under criminal charges, notice of which has been given in writ ing to the facility, in which case the provisions of Code Section 37-7-95 shall apply. Nothing in this chapter shall be construed to prohibit a physician or psychologist who previously executed a certificate authorized by the provisions of this chapter from exe cuting any other certificate provided for in this chapter for the same or any other patient.
1290
JOURNAL OF THE HOUSE,
(b) All patients admitted by a psychologist shall receive a medical evaluation by a physician. A physician shall also be responsible for the care of any medical problem that may be present at admission or that may arise during hospitalization that is outside the scope of practice of the psychologist.
{b} (c) Within 24 hours of the execution of the physician's certificate under para graph (1) of subsection (a) of this Code section, the patient shall be transported, as pro vided in Code Section 37-7-101, to an evaluating facility where he shall be received pursuant to Code Section 37-7-63 unless the patient has been determined and certified to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, in which event the patient shall be discharged under the conditions provided in Code Section 37-7-91, except that if the patient is under criminal charges, notice of which has been given in writing to the facility, the pro visions of Code Section 37-7-95 shall apply.
<e) (d) Notice of any proposed discharge shall be given to the patient and his repre sentatives; if the patient was admitted to the facility under subsection (a) of Code Sec tion 37-7-41, to the physician or psychologist who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-7-41, to the court which issued the order; and if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient."
Section 33. Said title is further amended by striking Code Section 37-7-61, relating to petitions for court ordered evaluation, and inserting in its place a new Code section to read as follows:
"37-7-61. Proceedings for a court ordered evaluation may be initiated in the follow ing manner:
(1) Any person may file an application executed under oath with the county board of health for a court ordered evaluation of a person located within that county who is alleged by such application to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. Upon the filing of such application, the county board of health shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an invol untary admission for evaluation; and
(2) Any person may file with the court a petition executed under oath alleging that a person within the county is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The petition must be accompanied by the cer tificate of a physician or psychologist stating that he has examined the patient within the preceding five days and has found that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and that a full evaluation of the patient is necessary."
Section 34. Said title is further amended by striking Code Section 37-7-64, relating to length of period of detention in evaluating facility, and inserting in its place a new Code section to read as follows:
"37-7-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-7-43, 37-7-63, or subparagraph (a)(3)(B) of Code Section 37-7-81.1 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not an alco holic, a drug dependent person, or a drug abuser requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, in which event a patient meeting those outpatient treatment requirements shall be dis charged under the conditions provided in Code Section 37-7-91 but, in any event, upon the expiration of the five-day evaluation period unless:
(1) Within that period: (A) The patient is admitted as a voluntary patient under Code Section 37-7-20;
or
TUESDAY, FEBRUARY 26, 1991
1291
(B) The patient is admitted for involuntary inpatient treatment under Code Sec tion 37-7-81; or (2) The patient is under criminal charges, notice of which has been given in writ ing to the facility, in which case the provisions of Code Section 37-7-95 shall apply. (b) If hospitalization appears desirable, the staff physicians or psychologists of the evaluating facility shall encourage the patient to apply for voluntary hospitalization unless the attending physician or psychologist finds that the patient is unable to under stand the nature of voluntary hospitalization, that voluntary hospitalization would be harmful to the patient, or that the patient is determined to be an alcoholic, a drug dependent individual, or a drug abuser in need of involuntary treatment, which finding shall be entered in the patient's record. (c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-7-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized treatment plan be developed for that patient during the five-day period that he is detained for evaluation in the facility. (d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-7-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-7-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-7-62, to the court that ordered the evaluation."
Section 35. Said title is further amended by striking Code section 37-7-65, relating to request for transfer to another evaluating facility, and inserting in its place a new Code section to read as follows:
"37-7-65. Any patient admitted to an evaluating facility may apply to the chief medi cal officer of that facility for transfer at his own expense to any other approved evaluat ing facility. If the evaluating facility to which transfer is requested agrees to admit the patient and if the patient is able to pay for evaluation at such facility, he shall be trans ferred forthwith. In such case, Code Section 37-7-64 shall apply; and the time periods specified shall be counted from the date of admission to the evaluating facility to which the patient is transferred. Notice of the transfer shall be given to the patient's represen tatives; to the person who filed the original petition, if any; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-7-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-7-41; if the patient was under crimi nal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-7-62, to the court that ordered the evaluation."
Section 36. Said title is further amended by striking subsection (a) of Code Section 37-7-81, relating to the procedure for the detention of patients beyond the evaluation period, and inserting in its place a new subsection to read as follows:
"(a) The patient may be detained at a facility beyond the evaluation period unless voluntary hospitalization is sought under subparagraph (a)(l)(A) of Code Section 37-7-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recom mendation is supported by the opinions of two physicians or a physician and a psycholo gist who have personally examined the patient within the preceding five days and who agree that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90. Such recommendation of the chief medical officer and the opinions of the physicians or physician and psychologist shall be entered on a certificate. The certificate shall be filed
1292
JOURNAL OF THE HOUSE,
along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or psychologist or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-7-63. Such fil ing shall authorize the detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:
(1) A notice that a hearing will be held and the time and place thereof; (2) A notice that the patient has a right to counsel, that the patient or his repre sentatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be repre sented by counsel; (3) A copy of the individualized treatment plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representa tive if requested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the treatment plan is sent to the patient; (4) A notice that the patient has a right to be examined by a physician or psychol ogist of his own choice at his own expense and to have that physician or psychologist submit a suggested treatment plan for the patient which conforms with the require ments of paragraph (14) of Code Section 37-7-1; and (5) A notice that the patient may waive in writing the hearing described in subsec tion (c) of this Code section."
Section 37. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 37-7-81.1 relating to disposition of patient upon hearing, and inserting in its place a new paragraph to read as follows:
"(2) That the patient is an outpatient, the court shall further determine, based upon either the individualized treatment plan required to be prepared under subsection (c) of Code Section 37-7-64 or subsection (b) of Code Section 37-7-91 or the individualized treatment plan proposed by the physician or psychologist chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the likelihood of the patient's becoming an inpatient. If the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the patient's becoming an inpatient, then the court shall order the patient to obtain that treatment and shall discharge the patient subject to such order;"
Section 38. Said title is further amended by striking subsections (a) and (b) of Code Section 37-7-82 relating to procedure upon failure of or noncompliance with involun tary outpatient treatment plan, and inserting in its place new subsections to read as fol lows:
"(a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the physician or psychologist in charge of the patient's outpatient treatment plan determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then that physician or psychologist may execute a certificate under the con ditions specified in subsection (a) of Code Section 37-7-41. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41.
(b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code
TUESDAY, FEBRUARY 26, 1991
1293
Section 37-7-91, the patient fails without good cause or refuses to comply with the out patient treatment plan, the physician or psychologist in charge of the outpatient treat ment plan or that physician's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpatient treatment plan, if a physician or psychologist is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the examining physician or psychologist concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient. That physician or psychologist may then execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-7-41, if the examination is done in a community mental health center, or in Code Section 37-7-43, if the examination is done in an emergency receiving facility. If the patient is admitted to an emergency receiving or evaluating facility by a psychologist, the patient shall receive a medical evaluation by a physician and a physician shall be responsible for the care of any medical problem that may be present at admission or that may arise during hospitalization that is outside the scope of practice of the psychologist. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-7-41 or Code Section 37-7-43, as applicable."
Section 39. Said title is further amended by striking subsections (c) and (e) of Code Section 37-7-83, relating to the procedure for continued involuntary hospitalization of persons, and inserting in their respective places new subsections to read as follows:
"(c) A Committee for Continued Involuntary Treatment Review shall be established by the chief medical officer of each hospital and shall consist of not less than three physieiftRS and net teas than twe ether persons ef- a professional status five persons of pro fessional status, at least one of whom shall be a physician and at least two others of whom shall be either physicians or psychologists. The committee may conduct its meet ings with a quorum of any three members at least one of whom shall be a physician. The function of this committee shall be to review and evaluate the updated individualized treatment plan of each patient of the hospital and to report to the chief medical officer its recommendations concerning the patient's need for continued involun tary treatment. No person who has responsibility for the care and treatment of the indi vidual patient for whom continued involuntary treatment is requested shall serve on any committee which reviews such individual's case."
"(e) Within ten days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued invol untary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individualized treatment plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The attending physician or psychologist shall present an updated individualized treatment plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the attending physician or psychologist or a member of the committee, its written recommendations along with any minority recommenda tions which may also be submitted. Such report will specify whether or not the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative avail able."
1294
JOURNAL OF THE HOUSE,
Section 40. Said title is further amended by striking subsections (a) and (b) of Code Section 37-7-90, relating to physician's determination and certification as to involun tary outpatient care, and inserting in their respective places new subsections to read as follows:
"(a) When a physician or psychologist at a facility or on behalf of a facility deter mines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, that physician or psychologist shall further determine and certify whether there is reason to believe the patient is:
(1) An inpatient or outpatient; and (2) If an outpatient, whether:
(A) There is available outpatient treatment; and (B) The patient will likely comply with the outpatient treatment so as to mini mize the likelihood of the patient's becoming an inpatient. (b) Unless otherwise specifically provided, the determination and certification as to paragraphs (1) and (2) of subsection (a) of this Code section shall be made within the time period required for determining whether a patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, except that if such deter mination is made by a physician or psychologist at or on behalf of a community mental health center, the determination and certification shall be made within four hours after the patient is examined by the physician or psychologist."
Section 41. Said title is further amended by striking subsections (a) and (b) of Code Section 37-7-91, relating to discharge of persons meeting outpatient care criteria, and inserting in their places new subsections to read as follows:
"(a) A person who is in the physical custody of a community mental health center, emergency receiving facility, or evaluating facility and who is determined by a physician or a psychologist, at or on behalf of that facility, to meet all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90 shall be discharged from that facility as provided in this Code section pending a full and fair hearing or waiver thereof under Code Section 37-7-92. That discharge from a com munity mental health center shall occur within four hours after the patient is examined by a physician or a psychologist at or on behalf of that center. That discharge from an emergency receiving facility shall occur within 48 hours after the patient's admission thereto. That discharge from an evaluating facility shall occur no later than the expira tion of the five-day evaluation period established under Code Section 37-7-64.
(b) Prior to a psychologist's discharging the patient under subsection (a) of this Code section, the attending psychologist shall obtain the concurrence of a physician. In addi tion, feat within the time period the facility is authorized to retain the patient, the facil ity at which or on behalf of which the patient was examined, which facility shall be the 'referring facility' for purposes of this part, shall prepare an individualized treatment plan for the patient. This plan shall be prepared in consultation with the facility at which available outpatient treatment is to be provided the patient, which facility shall be the 'receiving facility' for purposes of this part. The referring facility shall also make arrangements with the receiving facility to provide interim outpatient treatment, in accordance with the individualized treatment plan, to the patient pending the full and fair hearing or waiver thereof. Nothing in this Code section shall prevent a referring facility for a patient from also being the receiving facility for that patient."
Section 42. Said title is further amended by striking subsection (b) of Code Section 37-7-92, relating to hearings and notice, and inserting in its place a new subsection to read as follows:
"(b) If the patient is notified of the hearing as required under subsection (a) of this Code section and does not appear at or waive that hearing, absent a showing of good cause for not appearing, the court may issue an order commanding any peace officer to take such person into custody and deliver that person to an emergency receiving facility or the referring facility if there is a physician or psychologist available there and this
TUESDAY, FEBRUARY 26, 1991
1295
chapter shall thereafter apply to that patient as though the patient had been admitted to that facility pursuant to subsection (b) of Code Section 37-7-41."
Section 43. Said title is further amended by striking subsection (b) of Code Section 37-7-93, relating to court orders for outpatient treatment, and inserting in its place a new subsection to read as follows:
"(b) If it is necessary to continue available outpatient treatment beyond the period authorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expiration of that period the physician or psychologist responsible for that treatment, or the person responsible for the patient's treatment under the direction and with approval of the physician or psychologist shall:
(1) Update the patient's individualized treatment plan; (2) Prepare a report containing evidence that the patient meets all the require ments for available outpatient treatment under paragraphs (1), (2), and (3) of subsec tion (c) of Code Section 37-7-90; and (3) Petition the hearing examiners appointed to hold hearings under Code Section 37-7-83 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient. The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-7-83 within 15 days after service of the peti tion, that the patient has a right to counsel at the hearing, that the patient or the patient's representatives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel."
Section 44. Said title is further amended by striking subsection (b) of Code Section 37-7-94, relating to reviews of individual treatment plans, and inserting in its place a new subsection to read as follows:
"(b) Any time a patient is found by the physician or psychologist in charge of the patient's outpatient treatment no longer to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, that physician or psychologist shall discharge the patient from further compliance with the treatment."
Section 45. Said title is further amended by striking Code Section 37-7-160, relat ing to respect for individual dignity of patients, and inserting in its place a new Code sec tion to read as follows:
"37-7-160. The patient's dignity as an individual shall be respected at all times and upon all occasions, including any occasion wherein the patient is taken into custody, detained, or transported. Alcoholics, drug dependent individuals, or drug abusers or those suspected of being alcoholics, drug dependent individuals, or drug abusers shall, to the maximum extent reasonably possible, be treated at all times as medical patients; and their handling and treatment shall be under the supervision of a physician or psy chologist. For those patients under the supervision of a psychologist, a physician shall be available to take responsibility for any medical problems that may arise that are out side the psychologist's scope of practice. Except where required under conditions of extreme urgency, those procedures, facilities, vehicles, and restraining devices normally utilized for criminals or those accused of crime shall not be used in connection with the alcoholics, drug dependent individuals, or drug abusers."
Section 46. Said title is further amended by striking Code Section 37-7-162, relat ing to rights of patients to suitable treatment, and inserting in its place a new Code sec tion to read as follows:
"37-7-162. (a) Each patient in a facility and each person receiving services for alco holism, drug dependency, or drug abuse shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered skillfully, safely, and humanely with full respect for the patient's dignity and personal integrity.
1296
JOURNAL OF THE HOUSE,
(b) Each patient shall have the right to participate in his care and treatment. The board shall issue regulations to ensure that each patient participates in his care and treatment to the maximum extent possible. Unless the disclosure to the patient is deter mined by the chief medical officer or the patient's treating physician or psychologist to be detrimental to the physical or mental health of the patient and unless a notation to that effect is made a part of the patient's record, the patient shall have the right to rea sonable access to review his medical file, to be told his diagnosis, to be consulted on the treatment recommendation, and to be fully informed concerning his medication, includ ing its side effects and available treatment alternatives.
(c) It is the duty of the chief medical officer to ensure that each patient receives such medical attention as is suitable to his condition and that no treatment shall be given which is not recognized as standard psychiatric treatment, except upon the written consent of the patient or, if applicable, his guardian having capacity to give such con sent. If such consent is given by someone other than the patient or such guardian, court approval must be obtained after a full and fair hearing.
(d) If a patient hospitalized under this chapter is able to secure the services of a pri vate physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The chief medical officer is authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician or psychologist.
(e) Every patient admitted to a facility under this chapter shall be examined by the staff of the admitting facility as soon as possible after his admission."
Section 47. Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 37-7-166, relating to the maintenance, confidentiality, and release of clinical records of alcoholics, drug dependent individuals, and drug abusers, and inserting in its place a new paragraph to read as follows:
"(5) In a bona fide medical emergency, as determined by a physician treating the patient, the chief medical officer may release the patient's record to the treating physi cian or psychologist;"
Section 48. Said title is further amended by striking from said Code Section 37-7-166 subsections (b) and (c) thereof and inserting in their respective places new sub sections to read as follows:
"(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evi dence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40j or 43-39-16.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the pur pose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21z er 24-9-40z or 43-39-16."
Section 49. Said title is further amended by striking Code Section 37-7-168, relat ing to right of patient's attorney to interview physicians, and inserting in its place a new Code section to read as follows:
"37-7-168. The patient's attorney shall have the right, at reasonable times, to inter view the physician or psychologist and staff who have attended or are now attending the patient in any facility and to have the patient's records interpreted by them. The chief medical officer is authorized and directed to establish reasonable regulations to make available to the patient's attorney all such information in the possession of the facility as the attorney requires in order to advise and represent the patient concerning his hospitalization."
Section 50. All laws and parts of laws in conflict with this Act are repealed.
TUESDAY, FEBRUARY 26, 1991
1297
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Y Aiken Y Alford
Y Atkins Y Baker
Y Balkcom YBarfoot Y Bargeron N Barnett.B
N Barnett,M N Bates Y Beatty Y Benefield Y Birdsong N Blitch Y Bordeaux Y Bostick N Branch N Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty YCarrell
N Carter Y Chafm
E Chambless Y Cheeks Y Childers N ClarkJS N ClarkJH
Clark,L Y Coker
Coleman
N Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M N Davis.G Y Davis.M N Diion,H
Dixon.S N Dobbs N Dover
Dunn Y Edwards N EUiott N Felton N Fennel N Floyd,J.M Y Floyd,J.W
YFlynt YGodbee N Golden Y Goodwin N Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond N Manner N Harris,B Y Harris,J
Y Heard Y Henson
N Herbert Hightower
N Holland Y Holmes Y Howard Y Hudson Ylrwin
N Jackson Y Jamieson N Jenkins Y Jones N Kilgore YKing Y Kingston Y Klein NLadd Y Lane,D Y Lane,R N Langford Y Lawrence N Lawson YLee NLong YLord Y Lucas Y Lupton YMann Y Martin N McCoy N McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam E Mills
Y Mobley Moody
Y Morsberger
Y Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham N Parrish Y Patten
Y Pelote N Perry
Pettit Y Pinholster
Pinkston NPoag Y Porter NPoston
Powell,A N Powell.C N Purcell NRandall
NRay N Reaves Y Redding N Ricketson N Royal Y Selman
Shemll
Y Simpson Y Sinkfield Y Skipper Y Smith,L
Y Smith,P N Smith.T N Smith,W
N Smyre YSnow Y Stancil,F
Y Stancil,S Y Stanley N Stephens N Streat Y Taylor Y Teper Y Thomas,C Y Thomaa.M Y Thomas.N Y Thurmond N Titus Y Tolbert
Townsend Y Turnquest NTwiggs Y Valenti N Vaughan Y Walker,J Y Walker,L N Wall Y Ware N Watson Y Watts Y White N Wilder Y Williams.B
Williams.J
N Williams,R Yeargin Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 104, nays 58.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Hightower of the 36th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 11. By Representatives Lane of the 27th, Bostick of the 138th and Hamilton of the 124th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous rules of the uniform rules of the road, so as to make it unlawful for any person to possess an open container of any alcoholic beverage while operating a motor vehicle.
The following Committee substitute was read:
A BILL
To amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to miscellaneous rules of the uniform rules of the road, so as to make it
1298
JOURNAL OF THE HOUSE,
unlawful for any person to possess an open container of any alcoholic beverage while oper ating a motor vehicle; to define a certain term; to provide a maximum penalty for viola tions and to limit the effect of such violations for certain purposes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to miscellaneous rules of the uniform rules of the road, is amended by add ing at the end thereof a new Code Section 40-6-253 to read as follows:
"40-6-253. (a) As used in this Code section, 'open container' means any container which is immediately capable of being consumed from or the seal of which has been bro ken.
(b) No person shall possess an open container of any alcoholic beverage while operat ing a vehicle in this state. For the purposes of this Code section:
(1) An open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the possession of a passenger and is not located in a locked glove compartment, locked trunk, or other nonpassenger area of the vehi cle; and
(2) An open container shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger. (c) Any person who violates this Code section or any local ordinance covering the subject matter of this Code section shall be punished by a fine not exceeding a maxi mum of $25.00, and such violation shall not be a violation of the provisions of this chap ter for the purposes of Code Section 40-5-57."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and lost:
Representative Ladd of the 44th moves to amend the Committee substitute to HB 11 as follows:
Pg. 2 line 10 change "$25.00" to "$100.00".
Representative Orr of the 9th moves to amend the Committee substitute to HB 11 as follows:
1. By striking the word "operating" on line 21, page 1, and substituting therefor the words "occupying."
2. By inserting, on line 21, page 1, immediately before the word "vehicle", the word "moving."
Representative Brown of the 88th moves to amend the Committee substitute to HB 11 as follows:
To add a new paragraph:
(3) The provision of this section shall not apply to vehicle involving in catering.
The following amendment was read and adopted:
Representative Lane of the 27th moves to amend the Committee substitute to HB 11 by inserting in line 8 on page 1 immediately preceding the phrase "to repeal conflicting laws" the following:
"to provide for the preservation of local ordinances;".
TUESDAY, FEBRUARY 26, 1991
1299
By striking the quotation mark appearing at the end of line 11 on page 2 and by add ing between lines 11 and 12 the following:
"(d) This Code section shall not supersede, repeal, or modify an ordinance or resolu tion of any county or municipality of this state prohibiting open containers of alcoholic beverages in vehicles.'"
The following amendment was read:
Representative Davis of the 45th moves to amend the Committee substitute to HB 11 as follows:
On page 2 line 10 change "$25" to "$250".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy N Adams Y Aiken N Alford Y Atkins N Baker N Balkcom N Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty N Benefield N Birdsong N Blitch Y Bordeaux Y Bostick N Branch N Breedlove N Brooks Y Brown Y Brush NBuck Y Buckner NByrd Y Campbell
Canty N Carrell N Carter NChafin E Chambless N Cheeks Y Childers Y Clark.E Y Clark,H
Y Clark.L N Coker
Coleman N Colwell N Connell N Culbreth Y Cummings,B Y Cummings.M N Davis.G Y Davis.M N Dixon.H N Dixon.S
YDobbs N Dover
N Dunn N Edwards
Y Elliott Y Felton N Fennel N Floyd,J.M N Floyd,J.W
N Flynt NGodbee N Golden Y Goodwin N Green Y Greene Y Griffin N Groover N Hamilton N Hammond Y Hanner N Harris.B Y Harris,J
Y Heard N Henson
Y Herbert Hightower
N Holland Y Holmes N Howard N Hudson N Irwin N Jackson
Y Jamieson Y Jenkins
Y Jones N Kilgore NKing Y Kingston Y Klein YLadd N Lane,D N Lane,R N Langford Y Lawrence Y Lawson NLee NLong NLord N Lucas Y Lupton YMann N Martin N McCoy Y McKelvey
McKinney.B Y McKinney.C N Meadows N Merritt NMilam E Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller N Oliver.C N 01iver,M
YOrr N Orrock N Padgett N Parham N Parrish N Patten Y Pelote N Perry N Pettit Y Pinholster
Pinkston YPoag Y Porter NPoston N Powell,A N Powell.C N Purcell NRandall
NRay N Reaves N Redding Y Ricketson Y Royal N Selman Y Sherrill N Simpson Y Sinkfield N Skipper Y Smith,L
On the adoption of the amendment, the ayes were 70, nays 98. The amendment was lost.
Y Smith,P Smith.T
Y Smith,W N Smyre NSnow N Stancil,F Y Stancil,S Y Stanley N Stephens N Streat Y Taylor N Teper N Thomas.C N Thomas,M N Thomas,N N Thurmond
N Titus Y Tolbert Y Townsend
N Turnquest N Twiggs Y Valenti Y Vaughan Y WalkerJ N Walker.L
Y Wall Ware
N Watson Y Watts Y White Y Wilder Y Williams,B
Williams.J Y Williams,R
N Yeargin Murphy,Spkr
Representative Dunn of the 73rd moved that the House reconsider its action in adopt ing the Lane amendment.
On the motion, the roll call was ordered and the vote was as follows:
Abernathy Y Adams N Aiken N Alford
Y Atkins Baker
N Balkcom N Barfoot
N Bargeron N Barnett.B N Barnett.M
N Bates
N Beatty N Benefield N Birdsong
Blitch
N Bordeaux N Bostick
N Branch
N Breedlove
1300
JOURNAL OF THE HOUSE,
Y Brooks N Brown N Brush NBuck N Buckner NByrd N Campbell
Canty N Carrell N Carter YChafm E Chambless Y Cheeks N Childers Y Clark,E Y Clark.H N Clark,L Y Coker
Coleman N Colwell N Connell N Culbreth Y Cummings,B N Cummings,M
Davis.G Y Davis,M N Dixon,H N Diion.S YDobbs N Dover YDunn Y Edwards
N Elliott N Felton N Fennel Y FloydJ.M N Floyd,J.W NFlynt NGodbee N Golden YGoodwin N Green N Greene Y Griffin N Groover N Hamilton N Hammond N Manner Y Harri8,B N Harris,J N Heard N Henson
N Herbert Hightower
N Holland Y Holmes Y Howard N Hudson NIrwin N Jackson N Jamieson Y Jenkins
N Jones Y Kilgore
NKing N Kingston N Klein NLadd N Lane,D NLane.R Y Langford N Lawrence N Lawson
NLee NLong NLord Y Lucas N Lupton NMann N Martin NMcCoy N McKelvey
McKinney.B Y McKinney.C Y Meadows N Merritt
NMilam E Mills N Mobley
Moody N Morsberger N Moultrie N Mueller N Oliver.C N 01iver,M NOrr
On the motion, the ayes were 31, nays 133. The motion was lost.
N Orrock N Padgett NParham N Parrish N Patten N Pelote N Perry Y Pettit N Pinholster
Pinkston YPoag N Porter YPoston N Powell,A N Powell.C NPurcell NRandall NRay N Reaves N Redding N Ricketson
N Royal N Selman N Sherrill N Simpson N Sinkfield N Skipper N Smith.L N Smith,P N Smith.T N Smith,W N Smyre
N Snow N Stancil.F N StanciLS N Stanley N Stephens N Streat N Taylor NTeper N Thomas.C
Thomas,M N Thomas.N
Thurmond N Titus N Tolbert N Townsend N Turnquest N Twiggs N Valenti Y Vaughan N Walker,J N Walker,L N Wall N Ware N Watson N Watts Y White Y Wilder N Williams,B
Williams.J N Williams,R N Yeargin
Murphy,Spkr
Representative Davis of the 45th stated that he inadvertently voted "aye" on the pre ceding roll call. He wished to be recorded as voting "nay" thereon.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove N Brooks N Brown Y Brush YBuck
Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafm E Chambless Y Cheeks Y Childers
Y Clark,E Y Clark,H Y Clark,L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Y Cummings,M Y Davis,G Y Davis,M Y Diion.H Y Dixon,S
YDobbs Y Dover
YDunn Y Edwards
Y Elliott Y Felton
Y Fennel Y Floyd,J.M
Y FloydJ.W YFlynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner
Y Harris,B Y Harris,J Y Heard Y Henson
Y Herbert Hightower
Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston
Y Klein YLadd Y Lane,D YLane,R Y Langford Y Lawrence Y Lawson YLee YLong YLord
Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B N McKinney.C Y Meadows Y Merritt YMilam E Mills Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock
Y Padgett YParham Y Parrish
TUESDAY, FEBRUARY 26, 1991
1301
Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
PinksUm
YPoag Y Porter YPoston Y Powell,A Y Powell.C Y Purcell
YRandall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith,P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor YTeper
Y Thomas.C Y Thomas,M Y Thomas,N Y Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ
Y Walker.L Y Wall YWare
Y Watson Y Watts N White Y Wilder Y Williams,B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
HR 185. By Representatives Ray of the 98th, Walker of the 113th, Watson of the 114th, Coleman of the 118th, Walker of the 115th and others:
A resolution urging the Public Service Commission to adopt a telephone ser vice county-wide calling plan which recognizes community of interest areas having a minimum radius of at least 16 miles and to consider expanding the toll-free band to a 22 mile radius.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom YBarfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown
Y Brush Buck
Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter YChafin E Chambless
Y Cheeks Y Childers Y Clark,E Y Clark,H
Clark,L Y Coker Y Coleman N Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G N Davis,M Y DUon,H
Dixon.S Y Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel N FloydJ.M
Y FloydJ.W YFlynt YGodbee Y Golden
Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Manner Y Harris.B Y Harris,J
Y Heard Y Henson
Y Herbert Hightower
Y Holland
Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein NLadd Y Lane,D N Lane.R Y Langford
N Lawrence Y Lawson YLee
YLong YLord Y Lucas
Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B Y McKinney.C N Meadows Y Merritt
Milam E Mills
Y Mobley Moody
N Morsberger N Moultrie Y Mueller N Oliver.C Y Oliver,M YOrr
Orrock Y Padgett YParhara N Parrish Y Patten Y Pelote Y Perry
Y Pettit N Pinholster
Pinkston NPoag Y Porter
NPoston Powell,A
Y Powell.C N Purcell YRandall YRay Y Reaves Y Redding N Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper Y Smith.L
On the adoption of the Resolution, the ayes were 136, nays 19.
Y Smith,? Smith,T
Y Smith.W Y Smyre YSnow N Stancil.F N Stancil.S
Stanley Stephens Streat Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
N Twiggs Y Valenti
Y Vaughan Y Walker,J
Walker,L Y Wall YWare Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams.J Y Williams,R Y Yeargin
Murphy.Spkr
1302
JOURNAL OF THE HOUSE,
The Resolution, having received the requisite constitutional majority, was adopted.
Representatives Dixon of the 128th and Stephens of the 68th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
HB 63. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Adams of the 79th and Morsberger of the 62nd:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to driving under the influence of alcohol or drugs, so as to provide for publication of the name, address, and photograph of each person convicted of driving under the influence of alcohol or drugs.
The following Committee substitute was read:
A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, so as to provide for assessment of certain drivers after a conviction of or plea of nolo contendere to driving under the influence; to provide for referral to the appro priate component of a DUI Alcohol or Drug Use Risk Reduction Program; to change the alcohol concentration level that constitutes driving under the influence; to change the pre sumptions which rise from certain alcohol concentrations; to provide that a portion of the fine imposed for a third or subsequent conviction may be ordered to be used for the defendant's drug or alcohol treatment; to provide for disposition of the driver's license in an accepted plea of nolo contendere; to provide for the suspension of the driver's license of certain persons charged with driving under the influence or refusal to submit to a chem ical test for the purpose of determining the alcohol or drug content of a person's blood; to provide for sworn suspension reports; to provide for procedures; to provide for the sur render or seizure of a license after a finding of probable cause; to provide for a hearing before a judicial officer; to provide for an appeal; to provide for the immediate suspension of a driver's license; to provide for orders of the court; to provide for periods of suspen sion; to provide for issuance of a temporary driving permit upon court order; to provide for exceptions; to provide for fees; to provide that such driver's license suspensions shall not affect any other license suspension; to provide for publication of the name of each per son convicted of driving under the influence of alcohol or drugs; to provide for the con tents of such notice; to provide for immunity; to amend Code Section 17-4-23 of the Official Code of Georgia Annotated, relating to procedure for arrests by citation for motor vehicle violations, so as to change certain requirements regarding arrests by citation; to provide for exceptions to arrests by citation; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, is amended by striking from Code Section 40-5-1, relating to definitions relative to drivers' licenses, paragraphs (7.2) and (12.1), relating to the definitions of a First Offender DUI Alcohol or Drug Use Risk Reduction Program and a Second Offender Alcohol or Drug Use Risk Reduction Program, in their entirety and by adding a new para graph (14) to read as follows:
"(14) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Human Resources which consists of three components: assess ment, education/intervention, and intensive intervention. In the case of a first conviction or plea of nolo contendere to a violation of Code Section 40-6-391, the program adminis ters the assessment component and, based on the results of the assessment, releases the offender or refers such offender to either the education/intervention component or the
TUESDAY, FEBRUARY 26, 1991
1303
intensive intervention component. In the case of a second conviction of a violation of Code Section 40-6-391 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and, based on the results of the assessment, refers the offender or other person to either the education/intervention component or the intensive inter vention component."
Section 2. Said title is further amended by striking subsection (a) of Code Section 40-5-55, relating to the implied consent for chemical tests, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State of Georgia considers that the persons who are under the influence of alcohol or drugs while operating a motor vehicle or who have a blood alcohol concentra tion of 9rl2 0.10 grams or more at any time within three hours after operating a motor vehicle from alcohol consumed before such driving or actual physical control ended or who have any amount of marijuana or any controlled substance without prescription present in their blood or urine, without regard to the presence of alcohol, while operat ing a motor vehicle constitute a direct and immediate threat to the welfare and safety of the general public. Therefore, any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, sub ject to Code Section 40-6-392, to a chemical test or tests of his blood, breath, or urine or other bodily substances, for the purpose of determining the alcoholic or drug content of his blood, if arrested for any offense arising out of acts alleged to have been commit ted in violation of Code Section 40-6-391 or if such person is involved in any traffic acci dent resulting in serious injuries or fatalities. The test or tests shall be administered at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391. The test or tests shall be administered as soon as possible to any person who operates a motor vehicle upon the highways or elsewhere throughout this state who is involved in any traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which of the aforesaid tests shall be administered, provided that both a blood and urine test shall be administered to any person operating a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities."
Section 3. Said title is further amended by striking paragraphs (1) and (2) of subsec tion (a) of Code Section 40-5-63, relating to suspension of drivers' licenses, and inserting in lieu thereof new paragraphs (1) and (2) to read as follows:
"(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspen sion shall be for 12 months. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a Fst Offender DUI Alco hol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when such reinstatement is pro cessed by mail. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Pro gram approved by the Department of Human Resources and pays the prescribed resto ration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 18 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date of
1304
JOURNAL OF THE HOUSE,
the current arrest for which a plea of nolo contenders is accepted, shall not be consid ered a conviction; however, the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the Department of Public Safety and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea of nolo contendere as a conviction under paragraphs (2) and (3) of this subsection;
(2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated if such person submits proof of completion of a Seeend Offender DUI Alcohol or Drug Use Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when processed by mail, provided that no assessment shall be required upon such second conviction. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convic tions; or".
Section 4. Said title is further amended by striking Code Section 40-5-67, relating to seizure and disposition of the drivers' licenses of persons charged with driving under the influence of alcohol or drugs, in its entirety and inserting in lieu thereof a new Code Section 40-5-67 to read as follows:
"40-5-67. (a) As used in this Code section, the term 'judicial officer' shall mean a judge of the superior courts, state courts, magistrate courts, probate courts, municipal courts, or county recorder's courts.
{a} (b) Whenever any resident or nonresident person is charged with violating Code Section 40-6-391, the law enforcement officer shall take the driver's license of the person so charged. The driver's license shall be attached to the court's copy of the uniform traf fic 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 for warded, within ten days of issue, to the Department of Public Safety. Taking the driver's license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
/i.'v At fhp f imp tfrto Inw pnfAvppm pn t nffipnr tnlrpa thp Hrivpr *u lifPimp tip qhflll IOQIIP
temporary driving permit te the person. This temporary driving permit shall be validuntil tn& expiffition of ioU dflys, OP until tne person s driving privilege ts 9uspended OP revolted under sny pPOVIsion OT tnis title, i ne JJepfli*vinent or ruoiic oftietyf dt its sore discretion, may delay the expiration date of the temporary driving permit, bttt in ne event sncu* tnis deitny extend oeyond tfte dite wnen sucn person s driving privilege is
OP revolted under ftny provision or cftis title. i ne dep&ttment sn&ii oy rules and regulations establish the conditions ander which the expiration of the temporary permit may be delayed.
(c) Whenever any resident or nonresident person is charged with violating Code Sec tion 40-6-391 or Code Section 40-5-55, such person shall be subject to suspension of his or her driver's license pursuant to this Code section if:
(1) The charging officer has reasonable grounds to believe that the person has committed an offense subject to the implied consent provisions of Code Section 40-5-55;
(2) The person is charged with a violation of Code Section 40-5-55 for the willful refusal to submit to a chemical analysis or with driving under the influence of alcohol or drugs in violation of Code Section 40-6-391; and
TUESDAY, FEBRUARY 26, 1991
1305
(3) The person is tested and has an alcohol concentration of at least the level required for a presumption of driving under the influence as provided for in Code Sec tion 40-6-392 or, if such person was operating a commercial motor vehicle, an alcohol concentration of 0.04.
(d) The arresting officer and any chemical analyst who performed or attempted to perform such breath, blood, or urine testa shall execute a sworn report attesting to the facts which give rise to the charge of refusal to submit to a chemical test or driving under the influence of alcohol and drugs and file such report with the judicial officer before whom such person appears.
(e) If properly executed sworn suspension reports are filed with the judicial officer when the person charged is present before such officer, the judicial officer shall, after completing any other proceedings involving the person, determine whether there is prob able cause to believe that each of the conditions of subsection (c) of this Code section have been met. If the judicial officer determines that such probable cause exists, the judicial officer shall enter an order suspending the person's driver's license for the period required by this Code section. The judicial officer shall order the person to sur render his license and if necessary may order a law enforcement officer to seize the license. The judicial officer shall give the arrested person a copy of the suspension order and shall personally and in writing inform the person of his right to a hearing as speci fied in subsection (g) of this Code section and that his driver's license will remain sus pended pending such hearing. If the person is licensed, the suspension under this subsection shall commence at the time the suspension order is issued and shall continue until the person's driver's license has been suspended for ten days and the person has paid the applicable costs. If the person is not currently licensed, the suspension shall continue until ten days from the date the suspension order was issued and until the per son has paid the applicable costs. If, within five working days of the effective date of the suspension order provided for in this subsection, the person charged does not surren der his driver's license or demonstrate that he is not currently licensed, the judicial offi cer shall immediately issue an order for the seizure of the driver's license of such person. The order shall be issued to a member of a local law enforcement agency if the charging officer was employed by the agency at the time of the charge and the person charged resides in or is present in the agency's territorial jurisdiction. In all other cases, the order shall be issued to an officer of the Georgia State Patrol and personally served on such person.
(f) If for any reason the person charged is not or cannot be present before the judi cial officer, the judicial officer shall make such probable cause determination based upon the sworn suspension report filed by the law enforcement officer or chemical analyst, or both, and consider any testimony of such officer or analyst. If the judicial officer deter mines that such probable cause exists, he shall mail to the person a suspension order by certified mail. The order shall direct that the person shall, on or before the effective date of the suspension order, either surrender his driver's license to the court or appear before such judicial officer and demonstrate that he is not currently licensed. The order shall inform the person of the time, effective date, and duration of the suspension; of his right to a hearing as specified by this Code section; and that the suspension remains in effect pending such hearing. Suspension orders mailed under this subsection become effective on the fourth day after the order is deposited in the United States mail. Ifj within five working days of the effective date of the order, the person charged does not surrender his driver's license to the judicial officer or appear before the court to demon strate that he is not currently licensed, the judicial officer shall immediately issue an order for the seizure of such person's driver's license. The order shall be issued and served in the same manner as specified in subsection (e) of this Code section for orders issued pursuant to that subsection. A suspension under this subsection shall commence at the date specified in the order and shall continue until the person's driver's license has been suspended for the period specified in this subsection, and until the person has paid the applicable costs. The period of suspension under this subsection is:
(1) Ten days from the date the person surrenders his driver's license to the court
if the surrender occurs within five working days of the effective date of the order;
1306
JOURNAL OF THE HOUSE,
(2) Ten days after the person appears before the judicial officer and demonstrates that he is not currently licensed to drive, if the appearance occurs within five working days of the effective date of the suspension; or
(3) Thirty days from the time: (A) The person's driver's license is seized by a law enforcement officer following
service of an order pursuant to this subsection; (B) The person demonstrates to a law enforcement officer who has an order to
seize his driver's license that he is not currently licensed; (C) The person's driver's license is surrendered to the court if the surrender
occurs more than five working days after the effective date of the suspension order;
PI (D) The person appears before the judicial officer to demonstrate that he is not
currently licensed, if he appears more than five working days after the effective date of the suspension order. When an order is issued for seizure of a driver's license, such order shall inform the per son of the right to a hearing as specified in subsection (g) of this Code section and that the suspension remains in effect pending the hearing. An officer serving an order for sei zure under this subsection shall return the order to the court indicating the date served or that service could not be effected. If the license was surrendered to the law enforce ment officer, the officer shall deposit such license with the court within three days of its surrender. (g) A person whose driver's license is suspended pursuant to this Code section may request in writing a hearing to contest the validity of the suspension. The request may be made to the judicial officer at the time of the person's initial appearance or within ten days of the effective date of the suspension and may specifically request that the hearing be conducted by a judge of the superior court. Unless a superior court judge is specifically requested, any judicial officer possessing the authority to hear the case may conduct the hearing. The suspension of the driver's license shall remain in effect pend ing the hearing, but such hearing shall be held within five working days if the hearing is before a superior court judge or within three working days if before any other judicial officer. The request for the hearing must specify the grounds upon which the validity of the suspension is challenged and the hearing shall be limited to the grounds specified in the request. A witness may submit his evidence by affidavit unless subpoenaed to appear. Any person who appears and testifies is subject to questioning by the judicial officer conducting the hearing, and the judicial officer may adjourn the hearing to seek additional evidence if he is not satisfied with the accuracy or completeness of the evi dence. A person contesting the validity of the suspension of his driver's license may, but is not required to, testify in his own behalf. Unless contested bjr the person requesting the hearing, the judicial officer may accept as true any matter stated in the suspension report. In order to sustain a driver's license suspension, the judicial officer shall find by a preponderance of the evidence that the conditions set forth in subsection (c) of this Code section were met. At the conclusion of the hearing, the judicial officer shall enter an order either sustaining or rescinding the driver's license suspension. The judicial officer's findings are without prejudice to the person contesting the suspension and to any other potential party as to any other proceedings, civil or criminal, that may involve facts bearing upon the conditions in subsection (c) of this Code section considered by the judicial official. The decision of the judicial officer is final and may not be appealed. If the hearing is not held and completed within five working days of the written request for a hearing before a superior court judge, or within three working days before such other judicial officer, the judicial officer shall enter an order rescinding the suspension, unless the person contesting the suspension contributed to the delay in completing the hearing. If the person requesting the hearing fails to appear at the hearing or any rescheduling thereof after having been properly notified, he forfeits his right to a hearing and the license suspension shall continue in effect. (h) Whenever the arresting law enforcement officer determines that a person charged under subsection (c) of this Code section cannot immediately be brought before a judi cial officer or that a judicial officer is unavailable, such person shall be informed ver bally and in writing that he or she may waive the right to be brought before a judicial
TUESDAY, FEBRUARY 26, 1991
1307
officer and that upon such waiver the suspension of such person's driver's license pursu ant to this Code section shall begin immediately. The arresting officer shall further inform such person of the right to request a hearing to contest the validity of the sus pension of his or her driver's license as provided for in subsection (g) of this Code sec tion.
(i) After the applicable period of suspension under this Code section, or if the judi cial officer orders the suspension rescinded, the person whose license was suspended may apply to the judicial officer for an order for the issuance of a temporary driving permit. The court shall forward such order to the department within ten days of the issuance of such order. This temporary driving permit shall be valid until the expiration of 180 days, or until the person's driving privilege is suspended or revoked under any provision of this title. The Department of Public Safety, at its sole discretion, may delay the expi ration 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 condi tions under which the expiration of the temporary permit may be delayed.
$e) (j) (1) If the person is convicted of violating Code Section 40-6-391, the court shall, within ten days, forward the person's driver's license and the record of the dis position of the case to the Department of Public Safety. At this time, the court shall also require the person to surrender the temporary driving permit issued pursuant to subsection fb) (i) of this Code section.
(2) If the person is not convicted of violating Code Section 40-6-391, the court shall return the driver's license to the person, unless the person refused to submit to a blood alcohol test as required by Code Section 40-5-55. If the person refused to sub mit to such test, the driver's license shall be forwarded to the Department of Public Safety for disposition in accordance with Code Section 40-5-55 unless the person can show that he prevailed at a hearing which was held in accordance with subsection (d) of Code Section 40-5-55. (k) A suspension pursuant to this Code section suspends a person's privilege to drive in Georgia whatever the source of his authorization to drive. Suspensions under this Code section are independent of and run concurrently with any other revocation or sus pension. No court imposing a period of suspension or revocation following conviction of an offense involving driving in an impaired condition may give credit for any period of suspension imposed pursuant to this Code section. (1) Unless the judicial officer or judge orders the suspension rescinded, a person whose driver's license is suspended under this Code section shall pay a fee to the Department of Public Safety of $35.00 for a temporary driving permit."
Section 5. Said title is further amended by striking subsection (a) of Code Section 40-5-68, relating to suspension of licenses for failure to complete a DUI alcohol or drug use risk reduction program, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The driver's license of any person whose plea of nolo contendere to a charge of violating Code Section 40-6-391 was accepted as provided in Code Section 40-6-391.1 but who fails to complete a First Offender DUI Alcohol or Drug Use Risk Reduction Pro gram approved by the Department of Human Resources by the date specified in the court's order issued pursuant to Code Section 40-6-391.1 shall by operation of law be suspended on such date. Such license shall be suspended for a period of one year from such date. At any time after suspension begins, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of completion of a First Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail."
Section 6. Said title is further amended by striking subsection (a) of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, and inserting in lieu thereof a new subsection (a) to read as follows:
1308
JOURNAL OF THE HOUSE,
"(a) A person shall not drive or be in actual physical control of any moving vehicle while:
(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;
(2) Under the influence of any drug to the extent that it is less safe for the person to drive;
(3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to drive;
(4) The person's alcohol concentration is &42 0.10 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
(5) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and deriva tives of each or both without regard to whether or not any alcohol is present in the person's breath or blood."
Section 6.5. Said title is further amended by striking subsection (g) of said Code Section 40-6-391 in its entirety and inserting in lieu thereof a new (g) to read as follows:
"(g) (1) If the payment of the fine required under subsection (c) of this Code sec tion will impose an economic hardship on the defendant, the judge, at his sole discre tion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.
(2) In the sole discretion of the judge, he may suspend up to one-half of the fine imposed under paragraph (3) of subsection (c) of this Code section for a third or sub sequent conviction conditioned upon the defendant's undergoing, or having undergone within six months prior to such conviction, an alcohol or drug treatment program approved by the court."
Section 7. Said title is further amended by adding at the end of said Code Section 40-6-391 a new subsection (j) to read as follows:
"(j) (1) At the conclusion of each session of court, the notices of conviction shall be made available to the publisher of the legal organ of the county in which such per son resides or, in the case of nonresidents, in the county in which the person was con victed. The notices shall include the names of all persons convicted of driving under the influence of alcohol or drugs. The clerk shall not be required to deliver the infor mation to the premises of the publisher. For purposes of this subsection, a plea of nolo contendere shall not constitute a conviction.
(2) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith."
Section 8. Said title is further amended by striking subsection (d) of Code Section 40-6-391.1, relating to entry of a plea of nolo contendere to a charge of driving under the influence, in its entirety and inserting in lieu thereof a new subsection (d) to read as fol lows:
"(d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defend ant to attend and complete a FJMt Offender DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. The order shall stipulate that the defendant shall complete such program within 120 days and that the defendant shall submit satisfactory evidence of such completion to the Department of Public Safety and the court. The court shall also require the surrender of the driver's license and shall retain such license until submission of proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. The defendant's driver's license shall be returned by the court immediately upon submission of proof of completion of a DUI Alcohol or
TUESDAY, FEBRUARY 26, 1991
1309
Drug Use Risk Reduction Program. The judge shall also notify the defendant that, if he fails to complete such program by the date specified in the court's order, his 120 day driving permit shall be invalid and his driver's license shall be suspended, by operation of law, as provided in Code Section 40-5-68 and shajl remain suspended until the defendant completes such program."
Section 9. Said title is further amended by striking subsection (b) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs in blood, in its entirety and insert ing in lieu thereof a new subsection (b) to read as follows:
"(b) Except as provided in subsection (c) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-391, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions:
(1) If there was at that time an alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than OrlQ 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391, but such fact may be consid ered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391;
(3) If there was at that time an alcohol concentration of QM 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (a) of Code Section 40-6-391; and
(4) If there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of MS 0.10 or more grams, the person shall be in violation of paragraph (4) of subsection (a) of Code Sec tion 40-6-391."
Section 10. Code Section 17-4-23 of the Official Code of Georgia Annotated, relating to procedure for arrests by citation for motor vehicle violations, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 17-4-23 to read as follows:
"17-4-23. (a) A Except as provided in Code Section 40-5-67, a law enforcement offi cer may arrest a person accused of violating any law or ordinance governing the opera tion, licensing, registration, maintenance, or inspection of motor vehicles by the issuance of a citation, provided the offense is committed in his presence or information constitut ing a basis for arrest concerning the operation of a motor vehicle was received by the arresting officer from a law enforcement officer observing the offense being committed, except that, where the offense results in an accident, an investigating officer may issue citations regardless of whether the offense occurred in the presence of a law enforcement officer. T-he arresting officer shH iasuc to such person a Any citation issued which shall enumerate the specific charges against the person and the date upon which the person is to appear and answer the charges. Whenever an arresting officer makes an arrest con cerning the operation of a motor vehicle based on information received from another law enforcement officer who observed the offense being committed, the citation shall list the name of each officer and each must be present when the charges against the accused person are heard.
(b) If the accused person fails to appear as specified in the citation, the judicial offi cer having jurisdiction of the offense may issue a warrant ordering the apprehension of the person and commanding that he be brought before the court to answer the charge contained within the citation and the charge of his failure to appear as required. The person shall then be allowed to make a reasonable bond to appear on a given date before the court."
1310
JOURNAL OF THE HOUSE,
Section 11. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representatives Parham of the 105th and Jackson of the 9th move to amend the Com mittee substitute to HB 63 as follows:
By deleting on page 15 line 18 the figure "35.00" and inserting the figure "5.00".
Representatives Parham of the 105th and Jackson of the 9th move to amend the Com mittee substitute to HB 63 as follows:
By adding after the word "permit" on page 14 line 4 the words "and the judicial offi cer shall issue this temporary permit based on this application."
The following amendment was read:
Representative Heard of the 43rd moves to amend the Committee substitute to HB 63 as follows: 1. By changing the B.A.C. on page 3, line 13 from "0.10" to "0.08". 2. By changing the number on page 16, line 28 from "0.10" to "0.08". 3. By changing the number on page 20, line 25 from "0.10" to "0.08".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
N Abernathy N Adams Y Aiken N Alford
Y Atkins N Baker
N Balkcom Y Barfoot N Bargeron N Barnett.B N Barnett.M N Bates Y Beatty N Benefield N Birdsong N Blitch N Bordeaux N Bostick N Branch N Breedlove
N Brooks N Brown Y Brush
NBuck Y Buckner
Byrd Y Campbell
Canty N Carrell N Carter Y Chafin E Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
N Clark.L
Y Coker Coleman Colwell
N Connell N Culbreth
Cummings.B N Cummings.M
N Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs N Dover N Dunn N Edwards Y Elliott Y Felton Y Fennel
Floyd.J.M Floyd,J.W
N Flynt Y Godbee
N Golden Y Goodwin
Green Y Greene N Griffin N Groover N Hamilton N Hammond
N Manner N Harris,B N Harris.J Y Heard N Henson
Y Herbert Y Hightower Y Holland Y Holmes N Howard
Y Hudson N Irwin N Jackson Y Jamieson Y Jenkins Y Jones N Kilgore NKing Y Kingston Y Klein Y Ladd Y Lane.D
Y Lane.R N Langford
Y Lawrence N Lawson NLee N Long NLord N Lucas Y Lupton Y Mann N Martin N McCoy Y McKelvey
McKinney.B Y McKinney.C
Meadows N Merritt N Milam E Mills
N Mobley Moody
Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M YOrr N Orrock
Y Padgett N Parham N Parrish N Patten N Pelote N Perry N Pettit Y Pinholster
Pinkston YPoag Y Porter
N Poston N Powell.A Y Powell.C
N Purcell N Randall NRay Y Reaves N Redding Y Ricketson N Royal N Selman Y Sherrill N Simpson N Sinkfield N Skipper
Smith.L
On the adoption of the amendment, the ayes were 72, nays 89.
Y Smith,? Smith.T
Y Smith, W N Smyre N Snow N Stancil.F Y Stancil.S Y Stanley N Stephens
N Streat Y Taylor
N Teper N Thomas.C N Thomas.M N Thomas.N N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker.J N Walker.L
Y Wall N Ware
N Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R Y Yeargin
Murphy.Spkr
TUESDAY, FEBRUARY 26, 1991
1311
The amendment was lost.
The following amendment was read and lost:
Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend the Committee substitute to HB 63 by inserting on line 8 of page 1 after the word and symbol "influence;" the following:
"to change the alcohol concentration level that constitutes driving under the influence for persons under 21 years of age; to change provisions relating to alcohol and drug tests;".
By inserting between lines 19 and 20 of page 18 the following:
"Section 7.5. Said title is further amended by adding at the end of said Code Section 40-6-391 a new subsection (k) to read as follows:
'(k) A person under the age of 21 shall not drive or be in actual physical control of any moving vehicle while there is 0.02 percent or more by weight of alcohol in such person's blood, breath, or urine. Every person convicted of violating this subsection shall be guilty of a misdemeanor for the first and second convictions and upon a third or subsequent conviction thereof be guilty of a high and aggravated misdemeanor and shall be punished and fined as provided in subsection (c) of this Code section.'".
By inserting between lines 28 and 29 of page 20 the following:
"Section 9.5. Said title is further amended by striking subsection (c) of said Code Sec tion 40-6-392 and inserting in its place a new subsection (c) to read as follows:
'(c) (1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (i) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driv ing or being in actual physical control ended an alcohol concentration of 0.04 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (i) of Code Section 40-6-391.
(2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (j) of Code Section 40-6-391, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driv ing or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection j) of Code Section 40-6-391.'".
The following amendment was read:
Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st move to amend the Committee substitute to HB 63 by striking from lines 28 and 29 of page 1 and lines 1 and 2 of page 2 the following:
"to provide for publication of the name of each person convicted of driving under the influence of alcohol or drugs; to provide for the contents of such notice;",
and by inserting in lieu thereof the following:
"to provide for publication of the name, address, and photograph of each person con victed of driving under the influence of alcohol or drugs; to provide for the contents of such notice; to provide for assessment of costs of publication;".
1312
JOURNAL OF THE HOUSE,
By striking lines 29 through 31 of page 17 and lines 1 through 19 of page 18 and inserting in lieu thereof the following:
"Section 7. Said title is further amended by adding at the end of said Code Section 40-6-391 a new subsection (j) to read as follows:
'(j) (1) The clerk of the court in which a person is convicted under subsection (c) of this Code section shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was con victed. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph, name, and address of the convicted person and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such con viction or as soon thereafter as publication may be made. For purposes of this sub section, a plea of nolo contendere shall constitute a conviction.
(2) The convicted person for which a notice of conviction is published pursuant to this subsection shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.
(3) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erro neous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided such publication was made in good faith.'".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken N Alford Y Atkins Y Baker N Balkcom Y Barfoot
Bargeron N Barnett.B Y Barnett.M Y Bates Y Beatty N Benefield N Birdsong N Blitch Y Bordeaux N Bostick Y Branch Y Breedlove N Brooks N Brown Y Brush NBuck N Buckner
Byrd Y Campbell
Canty N Carrell Y Carter N Chafm E Chambless N Cheeks N Childers Y Clark.E Y Clark.H
N Clark.L Y Coker N Coleman
Colwell N Connell
N Culbreth N Cummings.B Y Cummings,M
N Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs N Dover N Dunn N Edwards Y Elliott Y Felton Y Fennel
Floyd.J.M Floyd,J.W
N Flynt Y Godbee N Golden Y Goodwin
Green Y Greene
Y Griffin N Groover Y Hamilton N Hammond N Hanner N Harris.B N Harris.J
Y Heard N Henson
Y Herbert N Hightower Y Holland N Holmes
Howard Y Hudson N Irwin N Jackson Y Jamieson Y Jenkins
Y Jones N Kilgore NKing Y Kingston Y Klein YLadd N Lane.D N Lane.R Y Langford Y Lawrence N Lawson NLee YLong NLord N Lucas Y Lupton YMann N Martin
N McCoy Y McKelvey
McKinney.B Y McKinney.C
Meadows N Merritt
Milam E Mills
Y Mobley Moody
Y Morsberger Y Moultrie Y Mueller N Oliver.C N Oliver.M NOrr Y Orrock
Y Padgett N Parham N Parrish Y Patten
N Pelote N Perry N Pettit Y Pinholster
Pinks ton YPoag Y Porter N Poston N Powell.A Y Powell.C N Purcell Y Randall
NRay Y Reaves N Redding N Ricketson Y Royal
N Selman Y Sherrill Y Simpson N Sinkfield N Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith,W N Smyre N Snow N Stancil,F Y Stancil.S Y Stanley Y Stephens N Streat Y Taylor YTeper N Thomas.C N Thomas.M
Thomas.N N Thurmond N Titus Y Tolbert Y Townsend Y Turnquest N Twiggs N Valenti Y Vaughan N Walker.J N Walker.L Y Wall
N Ware N Watson Y Watts N White Y Wilder Y Williams.B
Williams,J N Williams,R N Yeargin
Murphy,Spkr
TUESDAY, FEBRUARY 26, 1991
1313
On the adoption of the amendment, the ayes were 80, nays 82. The amendment was lost.
The Committee substitute, as amended, was adopted.
Representative Porter of the 119th moved that the House reconsider its action in adopting the Committee substitute, as amended.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Y Aiken N Alford Y Atkins Y Baker N Balkcom Y Barfoot Y Bargeron N Barnett,B Y Bamett,M Y Bates Y Beatty Y Benefield N Birdsong Y Blitch Y Bordeaux N Bostick Y Branch N Breedlove N Brooks N Brown Y Brush NBuck Y Buckner NByrd Y Campbell
Canty Y Carrell Y Carter Y Chafm E Chambless
Cheeks N Childers Y Clark,E Y Clark.H
Clark.L Y Coker N Coleman N Colwell Y Connell N Culbreth Y Cummings,B Y Cummings.M N Davis.G Y Davis.M N Dixon.H Y Dixon,S Y Dobbs N Dover Y Dunn N Edwards
Y Elliott Y Felton Y Fennel N Floyd,J.M
FloydJ.W N Flynt YGodbee N Golden Y Goodwin N Green Y Greene Y Griffin N Groover Y Hamilton N Hammond N Manner N Harris.B N Harris,J Y Heard Y Henson
Y Herbert N Hightower Y Holland N Holmes N Howard Y Hudson N Irwin N Jackson Y Jamieson Y Jenkins Y Jones N Kilgore YKing N Kingston Y Klein YLadd N Lane,D N Lane.R Y Langford Y Lawrence N Lawson YLee YLong NLord N Lucas Y Lupton Y Mr.nn N Martin N McCoy Y McKelvey
McKinney,B Y McKinney.C
Meadows N Merritt Y Milam E Mills
Y Mobley
Moody Y Morsberger
Y Moultrie Y Mueller
N Oliver.C Y Oliver.M YOrr Y Orrock
N Padgett N Parham N Parrish Y Patten Y Pelote N Perry N Pettit Y Pinholster
Pinkston YPoag Y Porter N Poston N Powell,A Y Powell.C N Purcell Y Randall NRay Y Reaves N Redding N Ricketson Y Royal N Selman Y Sherrill
N Simpson N Sinkfield
N Skipper Y Smith,L
Y Smith.P Y Smith.T Y Smith.W N Smyre NSnow
N Stancil,F Y Stancil.S Y Stanley Y Stephens N Streat Y Taylor YTeper N Thomas,C N Thomas.M Y Thomas,N N Thurmond N Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan N Walker,J N Walker,L Y Wall N Ware N Watson N Watts N White Y Wilder Y Williams,B
Williams,J N Williams,R
N Yeargin Murphy, Spkr
On the motion, the ayes were 93, nays 75. The motion prevailed.
Representative Porter of the 119th moved that the House reconsider its action in fail ing to adopt the Porter amendment number one.
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken N Alford Y Atkins Y Baker N Balkcom Y Barfoot N Bargeron N Barnett.B Y Barnett,M Y Bates Y Beatty
N Benefield N Birdsong N Blitch Y Bordeaux N Bostick
Y Branch N Breedlove N Brooks N Brown Y Brush NBuck Y Buckner
Byrd
Y Campbell Canty
N Carrell
Y Carter NChafin
E Chambless Y Cheeks N Childers Y Clark.E Y Clark,H
Clark,L N Coker N Coleman
N Colwell N Connell N Culbreth N Cummings.B Y Cummings.M N Davis.G Y Davis.M N Dixon.H Y Dixon.S Y Dobbs N Dover
YDunn N Edwards
Y Elliott
Y Felton Y Fennel N Floyd,J.M
Floyd,J.W N Flynt Y Godbee N Golden Y Goodwin N Green Y Greene Y Griffin N Groover
1314
JOURNAL OF THE HOUSE,
Y Hamilton N Hammond N Hanner N Harris,B N Harris,J Y Heard N Henson Y Herbert N Hightower Y Holland N Holmes N Howard Y Hudson
N Irwin N Jackson
Y Jamieson Y Jenkins
Y Jones N Kilgore NKing N Kingston Y Klein YLadd
N Lane.D N Lane.R N Langford Y Lawrence Y Lawson NLee YLong NLord N Lucas Y Lupton YMann N Martin
N McCoy Y McKelvey
McKinney.B Y McKinney.C
Meadows N Merritt Y Milam E Mills Y Mobley
Moody Y Morsberger
Y Moultrie Y Mueller N Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett
N Parham N Parrish Y Patten Y Pelote Y Perry N Pettit Y Pinholster
Pinkston YPoag Y Porter N Poston N Powell,A Y Powell.C
N Purcell Y Randall
NRay
N Reaves
N Redding N Ricketson Y Royal N Selman Y Sherrill N Simpson N Sinkfield N Skipper
Y Smith.L Y Smith.P Y Smith.T N Smith.W N Smyre
N Snow N Stancil.F Y Stancil.S N Stanley Y Stephens N Streat
Y Taylor Y Teper N Thomas.C
On the motion, the ayes were 83, nays 85. The motion was lost.
N Thomas.M Y Thomas.N N Thurmond N Titus Y Tolbert
Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan N Walker,J N Walker.L
Y Wall N Ware N Watson N Watts N White Y Wilder Y Williams.B
Williams,J Y Williams.R
N Yeargin Murphy.Spkr
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett,M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter Y Chafln E Chambless
Y Cheeks Y Childers Y Clark.E Y Clark.H
Y Clark.L
Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd.J.W Y Flynt
Y Godbee Y Golden Y Goodwin
Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J
Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins
Y Jones Y Kilgore
YKing Y Kingston
Y Klein YLadd Y Lane.D Y Lane.R Y Langford Y Lawrence Y Lawson YLee
YLong YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C
Meadows Y Merritt
Y Milam E Mills
Y Mobley
Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett
Y Parham Y Parrish Y Patten
Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston
Y Powell.A Y Powell.C
Y Purcell Y Randall
YRay Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper Y Smith.L
Y Smith.P Y Smith.T Y Smith.W
Y Smyre YSnow Y Stancil.F Y Stancil.S
Y Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas, N Y Thurmond
Y Titus Y Tolbert Y Townsend Y Turnquest
Y Twiggs Y Valenti
Y Vaughan Y Walker.J Y Walker.L
Y Wall Y Ware Y Watson
Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams.R
Y Yeargin Murphy.Spkr
TUESDAY, FEBRUARY 26, 1991
1315
On the passage of the Bill, by substitute, as amended, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
Representative Holmes of the 28th District, Chairman of the Committee on Govern mental Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 206 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 28th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 188 Do Pass, by Substitute HB 226 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Benefield of the 72nd District, Chairman of the Committee on Trans portation, submitted the following report:
Mr. Speaker:
Your Committee on Transportation has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 158 Do Pass, by Substitute
Respectfully submitted, /s/ Benefield of the 72nd
Chairman
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:
HB 248. By Representatives Cummings of the 134th, Holmes of the 28th, Hightower of the 36th, Brooks of the 34th, McKinney of the 40th and others:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to penal institutions in general, so as to provide that the Department of Corrections shall conduct random periodic unannounced test ing for controlled substance, marijuana, and alcohol abuse by any inmate or personnel of a penal institution.
1316
JOURNAL OF THE HOUSE,
The following amendment was read and adopted:
The Committee on Special Judiciary moves to amend HB 248 by striking from line 6 and from line 20 of page 1 the following:
"or personnel".
The following amendment was read and adopted:
Representative Cummings of the 134th moves to amend HB 248 by inserting between the words "of and "abuse" on line 7 of page 1 the following:
"substantial institution".
By striking on line 8 of page 1 the word "shall" and inserting the word "may".
By striking all the language from lines 21 through 22 of page 1 and inserting in lieu thereof the following:
"evidence of substantial institution abuse, the Georgia Bureau of Investigation may initiate an investigation into the source of the".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck
Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin E Cham bless Y Cheeks Y Childers Y Clark,E Y Clark,H
Y Clark,L Y Coker
Y Coleman Y Colwell Y Connell
Y Culbreth Y Cummings.B Y Cummings.M Y Davis,G Y Davis.M Y Dixon,H
Dixon.S Y Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M
Floyd,J.W
Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond
Manner Y Harri9,B Y Harris,J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd Y Lane,D
Y Lane,R Y Langford
Y Lawrence Y Lawson YLee
Long YLord
Y Lucas Y Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B McKinney.C Y Meadows Y Merritt Y Milam E Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr Y Orrock Y Padgett Y Parham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson
Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L
On the passage of the Bill, as amended, the ayes were 156, nays 0.
Y Smith.P Y Smith.T Y Smith.W YSmyre YSnow Y Stancil.F Y Stancil.S Y Stanley
Stephens Y Streat Y Taylor
Teper Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Y Townsend Turnquest
Y Twiggs Valenti
Y Vaughan Y Walker.J Y Walker,L
Y Wall Y Ware Y Watson Y Watts Y White Y Wilder
Williams.B Williams ,J Y Williams.R Y Yeargin
Murphy,Spkr
TUESDAY, FEBRUARY 26, 1991
1317
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.
1318
JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Wednesday, February 27, 1991
The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Mahry Collins, Pastor, Hamilton Baptist Church, Hamilton, Georgia
The members pledged allegiance to the flag.
Representative Bargeron of the 108th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills of the House were introduced, read the first time and referred to the committees:
HB 890. By Representatives Clark of the 20th (Post 3), Vaughan of the 20th, Wilder of the 21st, Klein of the 21st, Clark of the 20th (Post 4) and others: A bill to amend an Act creating a new charter for the City of Kennesaw, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 891. By Representative Parrish of the 109th: A bill to amend an Act providing for a chief magistrate and a magistrate of the Magistrate Court of Candler County, so as to provide for the appoint ment of the chief magistrate and magistrate by a vote of the judges of the superior courts of the Middle Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.
WEDNESDAY, FEBRUARY 27, 1991
1319
HB 892. By Representative Jenkins of the 80th:
A bill to amend Article 4 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Electric Membership Corporation Act," so as to authorize electric membership corporations to furnish cable television service and to own or operate cable television systems.
Referred to the Committee on Industry.
HB 893. By Representative Wilder of the 21st:
A bill to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding public assistance, so as to provide for legislative findings; to require that the state take certain measures to have a photographic identification program for food stamp recip ients and provide conditions therefor.
Referred to the Committee on Appropriations.
HB 894. By Representatives Teper of the 46th and Redding of the 50th:
A bill to amend Chapter 13 of Title 31 of the Official Code of Georgia Anno tated, the "Georgia Radiation Control Act," so as to require any existing gen eral or specific licensee and any applicant for a general or specific license to operate radiation-generating equipment to post a bond to ensure financial responsibility in certain contingencies.
Referred to the Committee on Industry.
HB 895. By Representative Wilder of the 21st:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to require that dependent children on whose behalf public assistance is received under that Act must attend school except in certain circumstances.
Referred to the Committee on Education.
HB 896. By Representative Barnett of the 59th:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Anno tated, relating to child custody proceedings, so as to provide for notification upon a change of residence of a custodial or joint custodial parent.
Referred to the Committee on Special Judiciary.
HB 897. By Representative Barnett of the 59th:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Anno tated, relating to child custody proceedings, so as to provide for notification upon a change of residence of a custodial or joint custodial parent.
Referred to the Committee on Special Judiciary.
HB 898. By Representative Teper of the 46th:
A bill to amend Part 1 of Article 2 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions applicable to the construction and operation of electric power plants, so as to create the Elec tricity Generating Plant Condemnation Review Board.
Referred to the Committee on Industry.
1320
JOURNAL OF THE HOUSE,
HB 899. By Representatives Flynt of the 75th and Adams of the 79th:
A bill to create the Pike Clean and Beautiful Authority for the purpose of assisting the Board of Commissioners of Pike County in establishing a solid waste recycling program and promoting environmental awareness.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 900. By Representatives Lee of the 72nd and Cummings of the 17th:
A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Anno tated, the "Trial Judges and Solicitors Retirement Fund Act," so as to clarify provisions relating to ineligibility for appointment as a senior judge or dis trict attorney emeritus; to change the provisions relating to eligibility to hold office and practice law while receiving retirement benefits.
Referred to the Committee on Retirement.
HB 901. By Representatives Watson of the 114th and Pettit of the 19th:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and membership of the Pub lic Service Commission, so as to change the method of calculating the special fee required of corporations and utilities subject to the jurisdiction of the Public Service Commission.
Referred to the Committee on Industry.
HB 902. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Chapter 5 of Title 33 of the Official Code of Georgia Anno tated, relating to the regulation of unauthorized insurers, so as to provide that, with respect to an action filed against an unauthorized insurer, service of process upon the Commissioner of Insurance shall only be used when an alternative method of service cannot be effectuated.
Referred to the Committee on Insurance.
HB 903. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Code Section 33-24-3 of the Official Code of Georgia Anno tated, relating to the requirement of insurable interest with reference to per sonal insurance, so as to provide that certain charitable institutions shall have an insurable interest in the life of any donor.
Referred to the Committee on Insurance.
HB 904. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Anno tated, relating to unfair practices in the business of insurance, so as to pro vide that direct response advertising by an insurer where such advertisement has not been approved by the Commissioner shall constitute an unfair prac tice.
Referred to the Committee on Insurance.
WEDNESDAY, FEBRUARY 27, 1991
1321
HB 905. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to delete provisions requiring notice of cancellation or nonrenewal of an individual accident and sickness insurance policy; to require a notice of nonrenewal or termination of a group accident and sickness insurance policy.
Referred to the Committee on Insurance.
HB 906. By Representatives Ware of the 77th, Dunn of the 73rd, Ricketson of the 82nd and Jones of the 71st:
A bill to amend Chapter 31 of Title 33 of the Official Code of Georgia Anno tated, relating to credit life insurance and credit accident and sickness insur ance, so as to provide for the applicability of said Chapter 31 to life and accident and sickness insurance sold on and after July 1, 1991.
Referred to the Committee on Insurance.
HB 907. By Representatives Holmes of the 28th, Lee of the 72nd, Murphy of the 18th and Walker of the 115th:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions under the "Georgia Elec tion Code," so as to change the manner of electing presidential electors; to provide that one presidential elector shall be chosen from each congressional district and two at large.
Referred to the Committee on Governmental Affairs.
HB 908. By Representatives White of the 132nd, Holmes of the 28th, Thurmond of the 67th, Thomas of the 31st and Bordeaux of the 122nd:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to prescribed courses in elementary and secondary schools, so as to require all public elementary and secondary schools to offer a course of study in the history, culture, and contributions of various cultural and eth nic groups.
Referred to the Committee on Education.
HB 909. By Representatives Powell of the 145th and Royal of the 144th:
A bill to amend an Act creating and establishing a new charter for the City of Moultrie, so as to change the penalty provisions for ordinance violations.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 910. By Representatives Elliott of the 103rd, Davis of the 29th, Jackson of the 9th, Lane of the 27th, Cummings of the 17th and others:
A bill to amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, so as to provide for the offenses of simple and aggravated AIDS battery and provide penalties there for.
Referred to the Committee on Judiciary.
1322
JOURNAL OF THE HOUSE,
HB 911. By Representatives Carrell of the 65th and Mobley of the 64th:
A bill to amend an Act to reincorporate and provide a new charter for the City of Loganville in the Counties of Walton and Gwinnett, so as to change the date of the organizational meeting of the city governing authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 912. By Representatives Baker of the 51st and Cummings of the 17th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide a new retirement system for magistrates of Georgia.
Referred to the Committee on Retirement.
HB 913. By Representatives Cummings of the 17th and McKelvey of the 15th:
A bill to amend Part 1 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to retirement service credit for persons employed by the armed forces and federal agencies, so as to provide that cer tain members of the Employees' Retirement System of Georgia who were for merly employed by a certain federal agency under certain circumstances shall be entitled to creditable service under such retirement system.
Referred to the Committee on Retirement.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 864 HB 865 HB 866 HB 867 HB 868 HB 870
55 fli 55 TM
HMRrs 88?/41
HR <J7K
HB 876
HB 886 HB 887 HB 888 HB 889 HR 384 HR 385
HR 399 HR 402
SOBD 2OQ69.
B 284
SgBg 2g9^g9
uHHnUB 880*7'7980 HB 880 HB 881 HB 882 HB 883 HB 884 HB 885
SS<JHBR 3d<2d<4o; SB 351 SB 361 SB 362 SB 368 SR 146 SR 149
Representative Kilgore of the 42nd District, Chairman of the Committee on Educa tion, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
WEDNESDAY, FEBRUARY 27, 1991
1323
HR 288 Do Pass SB 71 Do Pass, by Substitute HB 793 Do Pass
HB 727 Do Pass HB 512 Do Pass HB 625 Do Pass, by Substitute
Respectfully submitted, /a/ Kilgore of the 42nd
Chairman
Representative Balkcom of the 140th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:
Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 746 Do Pass, by Substitute HB 811 Do Pass HB 745 Do Pass
Respectfully submitted, /s/ Balkcom of the 140th
Chairman
Representative Parham of the 105th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 791 Do Pass, by Substitute HB 671 Do Pass, as Amended HB 594 Do Pass, by Substitute
HB 396 Do Pass HB 886 Do Pass
Respectfully submitted, /s/ Parham of the 105th
Chairman
Representative Lee of the 72nd District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommen dation:
HB 140 Do Pass, by Substitute
Respectfully submitted, /s/ Lee of the 72nd
Chairman
Representative Lane of the 27th District, Chairman of the Committee on State Plan ning & Community Affairs, submitted the following report:
1324
JOURNAL OF THE HOUSE,
Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 860 Do Pass HB 861 Do Pass
HB 863 Do Pass SB 332 Do Pass
Respectfully submitted, M Lane of the 27th
Chairman
Representative Buck of the 95th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Bill and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 167 Do Pass SR 129 Do Pass
Respectfully submitted, /s/ Buck of the 95th
Chairman
The following report of the Committee on Rules was read and adopted:
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 27, 1991
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enu merated below:
HB 120 Supplemental Appropriations; FY Ending 1991 HB 227 Gasoline Marketing; Retail Sales; Prohibitions HB 257 Tax Assessors; Appeal of Certain Valuations; Additional Duties HB 285 General Appropriations; SYF 1991-92 HB 334 Certain Taxes and License Fees; Payment by Check; Provisions HB 383 Licensed Check Cashers; Surety Bonds HB 402 Cemeteries/Burial Grounds; Preservation; Local Government HB 488 Rural Facilities Economic Development Act; Enact HB 537 Probate Court; Certain Services; Increase Costs HB 572 Juvenile Court; Senior Judge; Create Office HB 602 Counties/Municipalities; Investment of Certain Funds HB 604 Adoption; Petitions; Requirements
HR 283 The Zell Miller Mountain Parkway; Designate HR 346 Elmer A. Dennard Highway; Designate
HB 574 Motor Vehicle Theft or Conversion; False Reporting; Felony
WEDNESDAY, FEBRUARY 27, 1991
1325
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COM MITTEE
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, 1*1 Lee of the 72nd
Chairman
By unanimous consent, the following Bills of the House and Senate were taken up for consideration and read the third time:
HB 861. By Representative Barnett of the 10th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the compensation of the chairman and members of the board.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 863. By Representatives Kilgore of the 42nd, Simpson of the 70th and Watts of the 41st:
A bill to provide a method of filling vacancies on the board of the Hospital Authority of Douglas County.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 332. By Senator Thompson of the 33rd:
A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to change the corporate limits of the city; to change the provisions relating to organizational meetings; to change the pro visions relating to the removal of the city manager and severance pay; to change the provisions relating to the veto power of the mayor.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
1326
JOURNAL OF THE HOUSE,
The Senate has passed by the requisite constitutional majority the following Bills of the Senate and House:
SB 45. By Senator Kidd of the 25th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of fire arms, so as to change the provisions relating to the issuance of a license to carry a pistol or revolver; to authorize the issuance of a license to certain res idents of other states, territories, or foreign countries.
SB 274. By Senators Collins of the 17th and Starr of the 44th:
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 periods of suspension of drivers' licenses; to provide for periods of suspension with respect to violating Code Section 40-6-391, relating to driving under the influence of alcohol or drugs.
SB 345. By Senators Newbill of the 56th, Thompson of the 33rd and Ragan of the 32nd:
A bill to amend Code Section 50-18-71 of the Official Code of Georgia Anno tated, relating to the right of access to make photographs or reproductions, so as to exclude the sheriffs office from the provisions of such Code section; to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs services, so as to authorize the right of access to make photographs or reproductions of certain documents under the jurisdic tion of the sheriff; to provide for fees and other reasonable charges in con nection with the making of such photographs or reproductions.
SB 348. By Senator Turner of the 8th:
A bill to amend Part 1 of Article 6 of Chapter 2 of Title 20, relating to the objectives and purposes of the "Quality Basic Education Act," so as to pro vide that any child who is a patient or client in a facility licensed by the State of Georgia to deliver intermediate nursing care or intermediate care for the mentally retarded and who remains in that facility for more than 60 days shall be eligible for enrollment in a free public instructional program.
SB 367. By Senator Deal of the 49th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Anno tated, relating to manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to delete the provisions requiring such lottery to be conducted by a state or foreign country.
SB 370. By Senators Deal of the 49th and Kidd of the 25th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Anno tated, relating to membership of the Criminal Justice Coordinating Council, so as to change the membership of the council; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and pro tection for children and youth, so as to create the Georgia Commission on Juvenile Justice as a successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth.
WEDNESDAY, FEBRUARY 27, 1991
1327
HB 220. By Representatives Thomas of the 69th and Groover of the 99th:
A bill to amend Code Section 15-2-4 of the Official Code of Georgia Anno tated, relating to place of sessions and terms of the Supreme Court, so as to change a motion for a rehearing to a motion for reconsideration.
HB 293. By Representatives Watson of the 114th and Byrd of the 153rd:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Anno tated, relating to the provision for payment of delinquency charges with respect to retail installment contracts and the provision for attorneys' fees, court costs, and check dishonor fees with respect to retail installment con tracts and revolving accounts, so as to provide for the amount of such charges.
HB 329. By Representatives Porter of the 119th and Thomas of the 69th:
A bill to amend Code Section 50-13-18 of the Official Code of Georgia Anno tated, relating to procedural requirements under the "Georgia Administrative Procedure Act" for licensing, so as to provide licenses review of certain infor mation possessed by an agency prior to a license hearing.
HB 335. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.
HB 338. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Article 4 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to payment of income taxes, so as to change the time of payment with respect to corporations.
HB 380. By Representatives Jackson of the 9th, Colwell of the 4th and Orr of the 9th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions relative to penal institutions, so as to provide for work release programs for certain county inmates.
HB 387. By Representatives Griffin of the 6th and Ricketson of the 82nd:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to provisions affecting insurance generally, so as to increase the amount for which a guaranteed arrest bond certificate may be issued.
HB 439. By Representatives Watson of the 114th and Hamilton of the 124th:
A bill to amend Code Section 8-2-104 of the Official Code of Georgia Anno tated, relating to the employment of inspectors and inspection fees with respect to the inspection or operation of elevators, dumbwaiters, escalators, and moving walks, so as to provide that elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection shall be inspected at certain times and inspection fees and operating fees therefor shall be paid by a cer tain time.
1328
JOURNAL OF THE HOUSE,
HB 470. By Representative Pinkston of the 100th:
A bill to amend Code Section 7-1-709 of the Official Code of Georgia Anno tated, relating to the applicability of provisions regulating and licensing check cashers, so as to change an exemption from the requirement of obtain ing a license to cash checks.
SB 373. By Senator Echols of the 6th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Charlton County, as amended, so as to change the compensation of the tax commissioner; to provide that the tax commissioner shall receive lon gevity and cost-of-living increases.
HB 699. By Representative Morsberger of the 62nd:
A bill to amend an Act creating a new charter for the City of Lilburn, so as to lengthen the period of time for which the city may grant a franchise.
HB 787. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th:
A bill to amend an Act placing the sheriff of Dawson County upon an annual salary, so as to change the compensation of the sheriff.
HB 789. By Representative Smith of the 78th:
A bill to amend an Act to make provisions for the Magistrate Court of Lamar County, so as to provide for the nonpartisan election of the chief magistrate.
HB 790. By Representative Smith of the 78th:
A bill to repeal an Act creating the office of county manager of Lamar County.
The Senate has adopted by the requisite constitutional majority the following Resolu tions of the House:
HR 103. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Adairsville.
HR 150. By Representatives White of the 132nd, Chambless of the 133rd, Cummings of the 134th and Balkcom of the 140th:
A resolution authorizing the conveyance of certain state owned real property located in Dougherty County, Georgia, to Dougherty County and the accept ance of certain real property owned by Dougherty County located in Dough erty County, Georgia, in consideration therefor.
HR 155. By Representative Oliver of the 53rd: A resolution designating the J. Carrell Larmore Probation Detention Center.
WEDNESDAY, FEBRUARY 27, 1991
1329
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing Bill of the House:
HB 350. By Representatives Watson of the 114th, Pettit of the 19th, Dixon of the 128th and Hamilton of the 124th:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide that the administrator may certify to telephone ser vice carriers that certain billings should be suspended while a cease and desist order is in effect.
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing Bills of the House:
HB 42. By Representative Cummings of the 17th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to change the provisions relating to the membership of the boards of directors or boards of commissioners of certain retirement sys tems and the State Employees' Assurance Department.
HB 66. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Adams of the 79th and Morsberger of the 62nd:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide for the forfeiture of a motor vehicle operated by a person who is arrested for driving under the influence if the person has two previous convictions of driving under the influence within a five-year period.
HB 224. By Representatives Pettit of the 19th, Holmes of the 28th and Dunn of the 73rd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to the regulation of real estate brokers and salespersons, so as to revise certain educational requirements for real estate licenses; to revise the qualifications for the issuance of real estate licenses to nonresidents who are licensed in another state.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 45. By Senator Kidd of the 25th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to the carrying and possession of fire arms, so as to change the provisions relating to the issuance of a license to carry a pistol or revolver; to authorize the issuance of a license to certain res idents of other states, territories, or foreign countries.
Referred to the Committee on Judiciary.
SB 274. By Senators Collins of the 17th and Starr of the 44th:
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 periods of suspension of drivers' licenses; to provide for periods of suspension with respect to violating Code Section 40-6-391, relating to driving under the influence of alcohol or drugs.
Referred to the Committee on Motor Vehicles.
1330
JOURNAL OF THE HOUSE,
SB 345. By Senators Newbill of the 56th, Thompson of the 33rd and Ragan of the 32nd:
A bill to amend Code Section 50-18-71 of the Official Code of Georgia Anno tated, relating to the right of access to make photographs or reproductions, so as to exclude the sheriffs office from the provisions of such Code section; to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to fees for sheriffs services, so as to authorize the right of access to make photographs or reproductions of certain documents under the jurisdic tion of the sheriff; to provide for fees and other reasonable charges in con nection with the making of such photographs or reproductions.
Referred to the Committee on Judiciary.
SB 348. By Senator Turner of the 8th:
A bill to amend Part 1 of Article 6 of Chapter 2 of Title 20, relating to the objectives and purposes of the "Quality Basic Education Act," so as to pro vide that any child who is a patient or client in a facility licensed by the State of Georgia to deliver intermediate nursing care or intermediate care for the mentally retarded and who remains in that facility for more than 60 days shall be eligible for enrollment in a free public instructional program.
Referred to the Committee on Education.
SB 367. By Senator Deal of the 49th:
A bill to amend Code Section 16-12-35 of the Official Code of Georgia Anno tated, relating to manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to delete the provisions requiring such lottery to be conducted by a state or foreign country.
Referred to the Committee on Industry.
SB 370. By Senators Deal of the 49th and Kidd of the 25th:
A bill to amend Code Section 35-6A-3 of the Official Code of Georgia Anno tated, relating to membership of the Criminal Justice Coordinating Council, so as to change the membership of the council; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and pro tection for children and youth, so as to create the Georgia Commission on Juvenile Justice as a successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth.
Referred to the Committee on Public Safety.
SB 373. By Senator Echols of the 6th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Charlton County, as amended, so as to change the compensation of the tax commissioner; to provide that the tax commissioner shall receive lon gevity and cost-of-living increases.
Referred to the Committee on State Planning & Community Affairs - Local.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:
WEDNESDAY, FEBRUARY 27, 1991
1331
HB 334. By Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th:
A bill to amend Code Section 48-2-32 of the Official Code of Georgia Anno tated, relating to authorized forms of payment of certain taxes and license fees, so as to change certain provisions relating to payment by check or money order.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 383. By Representative Redding of the 50th:
A bill to amend Code Section 7-1-705 of the Official Code of Georgia Anno tated, relating to the posting of notices of charges by licensed check cashers and other requirements, so as to revise the requirements for surety bonds to be maintained by certain licensed check cashers.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 1.
The Bill, having received the requisite constitutional majority, was passed.
HB 604. By Representative Oliver of the 53rd:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Anno tated, relating to adoption, so as to change certain requirements for adoption petitions; to provide that certain orders will take the place of certain other documents; to change which items must be forwarded to the Department of Human Resources.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change certain requirements relating to affidavits and adoption peti tions; to provide that certain orders will take the place of certain other documents; to change which items must be forwarded to the Department of Human Resources; to provide for applications and fees for criminal records checks; to change who may request a certifi cate of adoption; to change when adoption records may be examined; to provide for agents of the department and placement agencies and their functions, authority, power, duties, and immunities; to change the provisions prohibiting advertising and inducements; to pro vide for legislative intent; to validate, ratify, and confirm certain decrees of adoption; to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licens ing of child welfare agencies, so as to provide for statutory construction regarding certain prohibitions; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking subsection (h) of Code Section 19-8-5, relating to adoptions by third parties, and inserting in its place a new subsection to read as follows:
1332
JOURNAL OF THE HOUSE,
"(h) Whenever rights are surrendered pursuant to this Code section, the representa tive of each petitioner before whe the surrender is signed shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26."
Section 2. Said chapter is further amended by striking subsection (h) of Code Sec tion 19-8-6, relating to stepparent adoptions, and inserting in its place a new subsection to read as follows:
"(h) Whenever rights are surrendered pursuant to this Code section, the representa tive of each petitioner before whom the surrender is signed shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26."
Section 3. Said chapter is further amended by striking subsection (h) of Code Sec tion 19-8-7, relating to adoptions by relatives, and inserting in its place a new subsection to read as follows:
"(h) Whenever rights are surrendered pursuant to this Code section the representa tive of each petitioner before wne the surrender is aigncd shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26."
Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 19-8-13, relating to filing adoption petitions, and inserting in its place a new paragraph to read as follows:
"(1) The petition shall set forth: (A) The name, age, marital status, and place of residence of each petitioner; (B) The name by which the child is to be known should the adoption ultimately
be completed; (C) The date of birth and the sex of the child; (D) The date and circumstances of the placement of the child with each petitioner; (E) Whether the child is possessed of any property and, if so, a full and complete
description thereof; (F) Whether the child has one or both parents or his biological father who is not
the legal father living; and (G) Whether the child has a guardian."
Section 5. Said chapter is further amended by adding at the end of said Code Sec tion 19-8-13 a new subsection to read as follows:
"(g) Notwithstanding the provisions of Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender and acknowledgment thereof and affidavits of the legal mother and a representative of the petitioner, where the adoption is sought under subsection (a) of Code Section 19-8-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pursuant to paragraph (1) of subsection (a) of Code Section 15-11-90, obtaining and attaching to the petition a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders, acknowledgments, and affidavits."
Section 6. Said chapter is further amended by striking Code Section 19-8-14, relating to time of hearing, and inserting in its place a new Code section to read as follows:
"19-8-14. Upon the filing of the petition for adoption the court shall fix a date upon which the petition shall be considered, which date shall be not less than 60 days from the date of the filing of the petition or, when Code Section 19-8-10 is relied upon, not less than 30 days from the receipt of notice as provided in subsection (c) of Code Sec tion 19-8-10. Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the department within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law. Copies of all motions, amendments, and other pleadings filed and of all orders entered in connection with the petition for adoption shall be forwarded by the clerk to the department within 15 days after such filing or entry."
WEDNESDAY, FEBRUARY 27, 1991
1333
Section 7. Said chapter is further amended by adding at the end of Code Section 19-8-16, relating to investigations of the petitioner, a new subsection to read as follows:
"(d) Where a criminal records check of a petitioner is required pursuant to this Code section, that petitioner shall pay the fee and make application for such records check as required by the department."
Section 8. Said chapter is further amended by striking subsection (b) of Code Sec tion 19-8-20, relating to forwarding of decrees to the department, and inserting in its place a new subsection to read as follows:
"(b) At any time after the entry of the decree of adoption, upon the request of an adopted person who has reached 18 years of age or upon the request of any adopting parent, the clerk of the court granting the decree shall issue to that requesting adopted person or adopting parent a certificate of adoption, under the seal of the court, upon payment to the clerk of the fee prescribed in Code Sections 15-6-77 and 15-6-77.1, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in the certificate."
Section 9. Said chapter is further amended by adding at the end of subsection (f) of Code Section 19-8-23, relating to recording the records of adoption, a new paragraph to read as follows:
"(12) Whenever this subsection authorizes both the department and a placement agency to perform any function or requires the placement agency to perform any func tion which the department is also required to perform, the department or agency may designate an agent to perform that function and in so performing it the agent shall have the same authority, powers, duties, and immunities as an employee of the department or placement agency has with respect to performing that function."
Section 10. Said chapter is further amended by striking subsection (a) of Code Sec tion 19-8-23, relating to recording the records of adoptions, and inserting in its place a new subsection to read as follows:
"(a) The original petition, all amendments and exhibits thereto, all motions, docu ments, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and back ground information referred to in Code Section 19-8-20, shall be recorded in a book kept for that purpose and properly indexed; and the book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All of the records, including the docket book, of the court granting the adoption, of the department, and of the child-placing agency that relate in any manner to the adoption shall be kept sealed and locked. The records may be examined by the parties at interest in the adoption and their attorneys when, after written petition has been presented to the court having jurisdiction with et less tha 30 days' after receipt ef written notice to the deportment and the appropriate child-placing agency and after the department and the appropriate child-placing agency have received at least 30 days' prior written notice of the filing of such petition, the matter has come on before the court in cham bers andj good cause having been shown to the courtz and the court has entered an order permitting such examination. Notwithstanding the foregoing, if the adoptee who is the subject of the records sought to be examined is less than 18 years of age at the time the petition is filed and the petitioner is someone other than one of the adoptive parents of the adoptee, then the department shall provide written notice of such proceedings to the adoptive parents by certified mail, return receipt requested, at the last address the department has for such adoptive parents and the court shall continue any hearing on the petition until not less than 60 days after the date the notice was sent and show eause why seh reeefd* sfeeuM et fee examined. Each such adoptive parent shall have the right to appear in person or through counsel and show cause why such records should not be examined. Adoptive parents may provide the department with their cur rent address for purposes of receiving notice under this subsection by mailing that address to:
1334
JOURNAL OF THE HOUSE,
Adoption Unit Department of Human Resources
Atlanta, Georgia".
Section 11. Said chapter is further amended by striking subsection (c) of Code Sec tion 19-8-24, prohibiting advertisements, and inserting in its place a new subsection to read as follows:
"(c) (1) Nothing in this Code seetie* shall ake unlawful personal communreatkms by an individual Booking te adept a ehiW or children by the individual. Paragraph (1) of subsection (a) of this Code section shall not apply to communication by private means, including only written letters or oral statements, by an individual seeking to:
(A) Adopt a child or children; or (B) Place that individual's child or children for adoption, whether the communication occurs before or after the birth of such child or children. (2) Paragraph (1) of subsection (a) of this Code section shall not apply to any communication described in paragraph (ii of this subsection which contains any attor ney's name, address, telephone number, or any combination of such information and which requests any attorney named in such communication to be contacted to facili tate the carrying out of the purpose, as described in subsection (A) or (B) of para graph (1) of this subsection, of the individual making such personal communication."
Section 12. Said chapter is further amended by striking Code Section 19-8-25, relat ing to the effect of prior consents or surrenders, and inserting in its place a new Code sec tion to read as follows:
"(a) A written consent or surrender, executed on or before June 30, 1990, shall, for purposes of an adoption proceeding commenced on or after July 1, 1990, be deemed to satisfy the surrender requirements of this chapter and it shall not be necessary to have any parent or guardian execute the documents required by Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7; however, all other applicable provisions of this chapter must be com plied with.
(b) It is the legislative intent of this subsection to clarify and not to change the applicability of certain previously existing provisions of this chapter to adoption pro ceedings pending on July lj 1990. Any decree of adoption issued in an adoption proceed ing in which the adoption petition was filed in a superior court of this state prior to July lj 1990, shall be valid if the adoption conformed to the requirements of this chap ter either as they existed on June 30, 1990, or on July ^ 1990, and each such adoption decree is hereby ratified and confirmed."
Section 13. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of child welfare agencies, is amended by striking subsection (q) thereof and inserting in its place a new subsection to read as follows:
"(q) No person, official, agency, hospital, maternity home, or institution, public or private, in this state shall receive or accept a child under 17 years of age for placement or adoption or place such a child, either temporarily or permanently, in a home other than the home of the child's relatives without having been licensed or commissioned by the department. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this subsection shall be punishable by a fine of not less than $100.00 nor exceeding $500.00 for each offense. Nothing in this Code section shall be construed to prohibit a properly licensed attorney at law from providing necessary legal services and counsel to parties engaged in or contemplating adoption proceedings. Nothing in this Code section shall be construed to prohibit an individual seeking to:
(1) Adopt a child or children from receiving or accepting a child or children in the individual's home in anticipation of filing a petition for adoption under Chapter 8 of Title 19; or
(2) Have that individual's child or children placed for adoption from placing that individual's child or children in the home of an individual who is not related to the child or children in anticipation of the individual's initiation of adoption proceedings pursuant to Chapter 8 of Title 19."
WEDNESDAY, FEBRUARY 27, 1991
1335
Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 15. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams
Aiken Y Alford Y Atkins
Baker Balkcom Y Barfoot Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Brush YBuck Y Buckner
YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin E Chambless
Y Cheeks Y Childers Y Clark.E Y Clark,H
Y Clark,L Y Coker Y Coleman Y Colwell
Y Connell Y Culbreth
Y Cummings,B Y Cummings.M
Davis.G Y Davis.M Y Dixon,H Y Dixon,S
Dobbs Y Dover
Dunn Y Edwards Y Elliott
Felton Fennel Y Floyd,J.M Y Floyd,J.W YFlynt YGodbee Y Golden YGoodwin Y Green Y Greene Y Griffin Y Groover Hamilton Y Hammond Manner Y Harris.B Y HarrisJ Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D E Lane.R
Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey
Y McKinney,B Y McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Y Oliver.C Y Oliver.M
YOrr Y Orrock Y Padgett YParham Y Parrish Y Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston YPoag
Porter
Y Poston Y Powell,A Y Powell,C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Smith.L
Y Smith.P Y Smith.T Y Smith,W Y Smyre YSnow Y StancilF Y Stancil,S
Stanley Y Stephens
Y Streat Y Taylor Y Teper Y Thomas.C
Thomas.M Y Thomas.N
Thurmond N Titus Y Tolbert Y Townsend
Turnquest
Y Twiggs Y Valenti Y Vaughan
Y Walker,J Y Walker,L
Y Wall Y Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Y WilliamsJ Y Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, by substitute, the ayes were 151, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HR 283. By Representatives Colwell of the 4th, Twiggs of the 4th, Dover of the llth, Dobbs of the 74th, Porter of the 119th and others:
A resolution redesignating a portion of the Appalachian Highway, State Route 515, beginning at the north end of Interstate 575 and continuing to the border between Georgia and North Carolina, as "The Zell Miller Moun tain Parkway".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:
1336
JOURNAL OF THE HOUSE,
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins
Baker Y Balkcom Y Barfoot Y Bargeron Y Bamett,B Y Barnett,M Y Bates
Y Beatty Y Benefieid Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove
Y Brooks Y Brown N Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell
Y Carter YChafin E Chambless Y Cheeks Y Childers Y Clark,E Y Clark.H
Y Clark,L Y Coker
Coleman Y Colwell Y Connell Y Culbreth Y Cummings,B Y Cummings,M
Davis.G Y Davis.M
Y Dixon,H Y Dixon.S Y Dobbs
Y Dover Dunn
Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W
Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond
Hanner Y Harris.B
Y Harris.J Y Heard
Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Y Irwin Y Jackson Y Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D
E Lane.R Y Langford
Lawrence Y Lawson YLee
Long YLord
Lucas Y Lupton YMann Y Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie
Mueller Y Oliver.C Y Oliver.M YOrr YOrrock
Y Padgett Y Parham Y Parrish Y Patten
Y Pelote Y Perry
Y Pettit Y Pinholster Y Pinkston
YPoag Y Porter YPoston Y Powell.A Y Powell.C
Y Purcell YRandall YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill
Y Simpson Y Sinkfield Y Skipper
Y Smith,L
Y Smith,? Y Smith.T Y Smith.W YSmyre YSnow Y StanciLF Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C
Thomas.M Y Thomas,N
Y Thurmond Y Titus Y Tolbert Y Townsend
Turnquest Y Twiggs Y Valenti Y Vaughan Y WalkerJ Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams,B
Y Williams,J Y Williams.R Y Yeargin
Murphy ,Spkr
On the adoption of the Resolution the ayes were 162, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.
The following Resolution of the House was read and referred to the Committee on Rules:
HR 410. By Representatives Pinkston of the 100th, Groover of the 99th, Elliott of the 103rd, Lucas of the 102nd, Birdsong of the 104th and others:
A resolution commending the Honorable Lee Robinson, Mr. Vernon Colbert, Mr. Gene Basinski, Mr. Larry Brown, Ms. Carolyn Crayton, Ms. Christine Harmon, and Mr. Jim Marshall and inviting them to appear before the House of Representatives.
Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the House was taken up for consideration and read the third time:
HR 346. By Representative Birdsong of the 104th: A resolution designating the Elmer A. Dennard Highway.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 121, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
The following report of the Committee on Rules was read and adopted:
WEDNESDAY, FEBRUARY 27, 1991
1337
HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 27, 1991
Mr. Speaker and Members of the House:
Your Committee on Rules met and submits the following supplemental to the calendar already adopted this February 27, 1991, by adding the following:
HB 808 State Public Transportation Fund; Cert. Reserve Fund Expenditures
Except as herein amended, the provisions of the calendar heretofore submitted shall remain in full force and effect.
Respectfully submitted, M Lee of the 72nd
Chairman
By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Human Relations & Aging and referred to the Committee on State Planning & Community Affairs:
SB 225. By Senator Shumake of the 39th:
A bill to provide that the Fulton County governing authority provide rodent inspection and control services upon request without charge to residential units owned or occupied by persons who are 65 years of age or older or who are physically handicapped and who state that they are unable to afford such services; to provide that all citizens have equal access to rat poison and other rodent control substances and devices without regard to whether they rent or own their dwelling places; to provide for definitions.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the House was taken up for consideration and read the third time:
HB 227. By Representatives Poston of the 2nd, Dunn of the 73rd, Thurmond of the 67th, Parrish of the 109th, Walker of the 115th and others:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline.
Representative Dobbs of the 74th moved that the House recommit HB 227 to the Committee from which it came.
Representative Lee of the 72nd moved the previous question.
Representative Langford of the 7th moved that HB 227 be placed upon the table. On the motion to table, the roll call was ordered and the vote was as follows:
N Abernathy N Adams Y Aiken Y Alford Y Atkins Y Baker
Balkcom
Barfoot N Bargeron N Barnett.B Y Barnett.M N Bates Y Beatty Y Benefield
N Birdsong Y Blitch Y Bordeaux N Bostick Y Branch N Breedlove Y Brooks
Brown N Brush N Buck N Buckner Y Byrd Y Campbell N Canty
N Carrell Y Carter N Chafin E Chambless
Cheeks Y Childers Y Clark.E
1338
JOURNAL OF THE HOUSE,
Y Clark,H N Clark.L Y Coker
N Coleman N Colwell N Connell N Culbreth N Cummings,B Y Cummings,M N Davis.G Y Davi8,M N Diion.H Y Diion.S YDobbs N Dover N Dunn N Edwards N Elliott
Y Felton Fennel
Y Floyd,J.M N Floyd,J.W YFlynt NGodbee N Golden Y Goodwin N Green N Greene Y Griffin
N Groover N Hamilton Y Hammond N Manner N Harris.B N Harris,J Y Heard N Henson N Herbert Y Hightower
N Holland Y Holmes N Howard Y Hudson NIrwin N Jackson
Jamieson Jenkins N Jones
Y Kilgore N King
Kingston Y Klein YLadd
Lane.D
E Lane,R Y Langford Y Lawrence N Lawson
NLee N Long NLord Y Lucas Y Lupton YMann Y Martin YMcCoy N McKelvey Y McKinney,B Y McKinney.C Y Meadows
Y Merritt NMilam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie
Y Mueller N Oliver.C N Oliver.M NOrr
Y Orrock N Padgett
N Parham N Parrish N Patten Y Pelote
N Perry N Pettit Y Pinholster N Pinkston
NPoag N Porter N Poston N Powell.A N Powell.C N Purcell N Randall
YRay N Reaves Y Redding N Ricketson
Royal
Y Selman Y Sherrill Y Simpson Y Sinkfield N Skipper Y Smith,L Y Smith.P
Y Smith,T N Smith,W
Smyre YSnow Y Stancit.F Y Stancil.S
Y Stanley Y Stephens Y Streat Y Taylor YTeper Y Thomas.C N Thomas.M Y Thomas,N N Thurmond Y Titus Y Tolbert Y Townsend Y Turnquest N Twiggs Y Valenti Y Vaughan N Walker,J
N Walker.L N Wall Y Ware N Watson Y Watts Y White Y Wilder Y Williams,B Y Williams,J
Williams,R N Yeargin
Murphy.Spkr
On the motion, the ayes were 86, nays 79. The motion prevailed.
Due to a possible conflict of interest, Representative Royal of the 144th was excused from voting on HB 227.
Representative Jenkins of the 80th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Pinholster of the 8th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.
Due to mechanical malfunction, the vote of Representative Fennel of the 155th was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.
The Speaker announced the House in recess until 2:10 o'clock this afternoon.
WEDNESDAY, FEBRUARY 27, 1991
1339
AFTERNOON SESSION
The Speaker called the House to order.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills of the House were taken up for consideration and read the third time:
HB 808. By Representatives Coleman of the 118th, Walker of the 115th and Buck of the 95th: A bill to amend Code Section 32-5-21 of the Official Code of Georgia Anno tated, relating to the priority of expenditures from the State Public Trans portation Fund, so as to provide for payments into the State of Georgia Guaranteed Revenue Debt Common Reserve Fund.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Adams Y Aiken Alford Atkins Y Baker Balkcom
Y Barfoot Y Bargeron
Barnett.B Barnett,M Bates Y Beatty Y Benefield Y Birdsong Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Brooks Brown Brush
Buck Y Buckner
Byrd Y Campbell Y Canty Y Carrell
Y Carter Y Chafm
E Chambless Y Cheeks Y Childers Y Clark.E
Clark.H
Clark,L
Y Coker Y Coleman
Colwell Y Connell
Culbreth Cummings.B Cummings.M Y Davis.G Y Davis.M
Dixon.H Dixon.S Dobbs Dover Y Dunn Y Edwards Elliott Felton
Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt Y Godbee Y Golden Y Goodwin Y Green
Greene Griffin
Y Groover Hamilton Hammond Manner
Y Harris.B Harris ,J Heard
Y Henson
Y Herbert Hightower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins
Y Jones Y Kilgore YKing
Y Kingston Y Klein
YLadd Y Lane,D E Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas Lupton YMann Martin Y McCoy Y McKelvey Y McKinney.B Y McKinney.C Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger
Moultrie Mueller
Oliver.C Oliver.M YOrr Orrock Y Padgett Y Parham Y Parrish Patten
Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter Y Poston
Powell.A
Powell.C Y Purcell
Randall
Ray Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Simpson Y Sinkfield Y Skipper Smith.L
Smith,? Y Smith.T
Smith,W
Smyre YSnow
Y Stancil,F Standl.S Stanley
Y Stephens Y Streat
Taylor Teper Y Thomas.C Thomas.M Y Thomas.N Thurmond Y Titus Tolbert Townsend Turnquest Twiggs Y Valenti
Vaughan Y WalkerJ Y WaIker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams.B
Williams,J Williams.R Y Yeargin
Murphy,Spkr
On the passage of the Bill, the ayes were 103, nays 0. The Bill, having received the requisite constitutional majority, was
By unanimous consent, HB 808 was ordered immediately transmitted to the Senate.
Representatives Hammond of the 20th, Stanley of the 33rd and Vaughan of the 20th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.
1340
JOURNAL OF THE HOUSE,
HB 120. By Representatives Coleman of the 118th, Murphy of the 18th, Connell of the 87th and Walker of the 115th:
A bill to provide supplementary appropriations to the Georgia General Assembly for the State Fiscal Year ending June 30, 1991, for operating expenses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:
Abernathy Adams Y Aiken Alford
Atkins Y Baker
Balkcom Y Barfoot
Bargeron Barnett,B Y Barnett,M
Y Bates Y Beatty Y Benefield Y Birdsong
Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove
Brooks Brown Brush
Buck Y Buckner
Byrd Y Campbell
Canty Y Carrell Y Carter Y Chafin E Chambless Y Cheeks Y Childers Y Clark,E
Clark.H
Clark,L
Y Coker Y Coleman
N Colwell Y Connell
Culbreth Cummings,B Cummings,M Y Davis.G
Y Davis.M Dixon.H
Dixon,S
Dobbs Dover Y Dunn Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
Y Godbee Y Golden YGoodwin Y Green
Greene Griffin Y Groover Hamilton Y Hammond Y Banner Y Harris,B Harris,J Heard Y Henson
Y Herbert High tower
Y Holland Y Holmes
Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins
Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane,D E Lane.R Y Langford Y Lawrence Y Lawson YLee
Long Lord Y Lucas Lupton
YMann Martin
Y McCoy Y McKelvey
McKinney,B Y McKinney.C
Meadows
Y Merritt Y Milam Y Mills
Y Mobley Y Moody
Y Morsberger Moultrie Mueller Oliver.C Oliver.M
YOrr Y Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit
Pinholster Pinkston
YPoag Y Porter Y Poston
Powell.A
Powell.C Y Purcell
Randall
Ray Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Simpson Y Sinkfield
Y Skipper Smith.L
Y Smith.P
Y Smith.T Smith.W Smyre
YSnow Y Stancil,F
Y Stancil,S Y Stanley Y Stephens Y Streat
Taylor YTeper Y Thomas,C
Thomas,M Y Thomas.N Y Thurmond Y Titus
Tolbert Townsend Turnquest
Y Twiggs Y Valenti Y Vaughan
Y WalkerJ Y Walker,L Y Wall
Ware Y Watson Y Watts
White Y Wilder Y Williams,B
Williams.J Williams,R
Y Yeargin Murphy,Spkr
On the passage of the Bill, the ayes were 112, nays 1. The Bill, having received the requisite constitutional majority, was
Representative Colwell of the 4th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Powell of the 13th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 285. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and Baker of the 51st
A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and
WEDNESDAY, FEBRUARY 27, 1991
1341
other agencies, and for the university system, common schools, counties, municipalities, and political subdivisions, and for all other governmental activities, projects and undertak ings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a revenue estimated of $7,900,000,000 for State Fiscal Year 1992.
PARTI LEGISLATIVE BRANCH
Section 1. F.Y. 1992
LEGISLATIVE BRANCH. $23,522,720
For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, 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 the 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 activi ties; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, and the Legislative Fiscal Office; for the operation of the House Research Office; for compiling, publishing and distribution the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code revi sion; for the annual report of the State Auditor to the General Assembly; 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 which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appro priations.
Section 2. F.Y. 1992
Department of Audits. $16,832,583
PART II JUDICIAL BRANCH
Section 3.
Supreme Court.
1342
JOURNAL OF THE HOUSE,
F.Y. 1992
$4,912,518
Section 4. F.Y. 1992
Court of Appeals. $5,892,421
Section 5. F.Y. 1992
Superior Courts. $44,712,524
Section 6. F.Y. 1992
Juvenile Courts. $1,607,953
Section 7. F.Y. 1992
Institute of Continuing Judicial Education. $698,672
Section 8. F.Y. 1992
Judicial Council. $2,972,373
Section 9. F.Y. 1992
Judicial Qualifications Commission. $133,597
Section 10. F.Y. 1992
Indigent Defense Council. $3,451,961
PART III EXECUTIVE BRANCH
Section 11. F.Y. 1992
Department of Administrative Services. $35,590,904
Section 12. F.Y. 1992
Agency for Removal of Hazardous Materials. $106,724
Section 13. F.Y. 1992
Department of Agriculture. $38,551,188
Section 14. F.Y. 1992
Department of Banking and Finance. $7,133,459
Section 15. F.Y. 1992
Department of Community Affairs. $13,356,624
Section 16. F.Y. 1992
Department of Corrections. $540,074,849
Section 17. F.Y. 1992
Department of Defense. $5,158,378
Section 18. F.Y. 1992
State Board of Education. $2,882,799,452
Provided, that the formula calculation for Quality Basic Education funding assumes a base unit cost of $1,647.07. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event applica tion totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work site development and supervision.
Provided, that of the above appropriation relative to the 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,
WEDNESDAY, FEBRUARY 27, 1991
1343
seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, which meet criteria and standards prescribed by the State Board of Education for middle school programs.
Section 19. F.Y. 1992
Employees' Retirement System. $0
Section 20. F.Y. 1992
Forestry Commission. $35,610,065
Section 21. F.Y. 1992
Georgia Bureau of Investigation. $37,511,704
Section 22. F.Y. 1992
Office of the Governor. $19,922,053
Section 23. F.Y. 1992
Department of Human Resources. $1,073,620,029
Section 24. F.Y. 1992
Department of Industry, Trade and Tourism. $16,482,949
Section 25. F.Y. 1992
Office of the Commissioner of Insurance. $13,148,083
Section 26. F.Y. 1992
Department of Labor. $16,599,889
Section 27. F.Y. 1992
Department of Law. $9,073,628
Section 28. F.Y. 1992
Department of Medical Assistance. $784,398,306
Section 29. F.Y. 1992
Department of Natural Resources. $71,521,035
Provided, that no land shall be purchased for State park purposes from funds appro priated in this section or from any other funds without the approval of the State Proper ties Control Commission, except that land specifically provided for in this Section.
Provided, that from the above appropriations, relative to Enviromental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50 percent of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use the excess receipts to supplant State funds which have been appropriated to the Parks, Recreation and Historic Sites Division.
Provided that of the $278,500 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991.
Section 30. F.Y. 1992
State Board of Technical and Adult Education. $127,716,980
Provided, that none of the State funds appropriated in this section may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Technical and Adult Education.
1344
JOURNAL OF THE HOUSE,
Section 31. F.Y. 1992
Department of Public Safety. $97,871,352
Section 32. F.Y. 1992
Public School Employees' Retirement System. $9,851,433
Section 33. F.Y. 1992
Public Service Commission. $7,510,126
Section 34. F.Y. 1992
Regents', University System of Georgia. $954,578,443
The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment without approval of the Office of Planning and Budget or the Fis cal Affairs Sub-committees.
Section 35. F.Y. 1992
Department of Revenue. $74,016,001
Section 36. F.Y. 1992
Secretary of State. $24,875,431
Section 37. F.Y. 1992
Soil and Water Conservation Commission. $1,802,134
Section 38. F.Y. 1992
Georgia Student Finance Commission. $23,246,770
Provided, that of the above appropriated amount relative to Educational Loans, an amount not to exceed $14,000 may be used to provide stipends for training recruitment, teacher and counselor personnel in health career fields and other fields for which funds are provided herein for the making of cancellable loans to students.
Designated Totals for Guaranteed Educational Loans: (Cancellable Loans)
A) Students in paramedical and other professional and educational fields of study: Not less than $1,435,000.
B) Eligible members of the Georgia National Guard: Not to exceed $100,000. C) Teachers seeking special education training: Not to exceed $225,000. D) Students who are to become agricultural teachers: Not to exceed $30,000. E) Students who are to become mathematics or science teachers: Not to exceed $300,000. The appropriation in this Section relative to Tuition Equalization Grants provides for payment of grants per academic year and for payment of grants for the summer school quarter or semester to undergraduate students attending colleges as provided for in Code Section 20-3-410 through 20-3-416.
Section 39. F.Y. 1992
Teachers' Retirement System. $3,950,000
Section 40. F.Y. 1992
Department of Transportation. $501,950,925
For this and all future general appropriations acts, it is the intent 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 Depart ment of Administrative Services.
(b) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
WEDNESDAY, FEBRUARY 27, 1991
1345
(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 pay able in lieu of the Motor Fuel Tax Funds appropriated in this Section.
(e) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, paragraph VI, Subsection (b) of the State Constitution.
(f) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
(g) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
Section 41. F.Y. 1992
Department of Veterans Service. $21,962,315
Section 42. F.Y. 1992
State Board of Workers' Compensation. $8,835,008
Section 43. F.Y. 1992
State of Georgia General Obligation Debt Sinking Fund.
$347,675,623
With regard to the appropriations in Section 43 for "State of Georgia General Obliga tion Debt Sinking Fund (New)," the maximum maturities, user agencies and user authori ties, purposes, maximum principal amounts and appropriations of highest annual debt service requirements of the new debt specified are as follows:
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $600,000 is specifically appropriated for the Depart ment of Corrections to finance the construction of boot camp facilities in Mitchell, Lanier and Emanuel Counties by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $70,000 is specifically appropriated for the Depart ment of Corrections to finance the acquisition of sites for correctional facilities in Wheeler, Early and Charlton Counties through the issuance of not more than $700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $30,000 is specifically appropriated for the Depart ment of Corrections to finance the preparation of plans and specifications for a prototype correctional facility through the issuance of not more than $300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $490,000 is specifically appropriated for the purpose of financing a program of minor construction and maintenance for the Department of Cor rections through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,102,500 is specifically appropriated for the Department of Corrections to finance the purchase of equipment for and construction of
1346
JOURNAL OF THE HOUSE,
boot camp facilities at existing institutions in Hancock, Washington and Chattooga Coun ties by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $183,750 is specifically appropriated for the Depart ment of Corrections for the purpose of financing the purchase of equipment for boot camp facilities in Mitchell, Lanier and Emanuel Counties through the issuance of not more than $750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $358,925 is specifically appropriated for the Depart ment of Defense to provide State matching funds for construction of an armory at Fort Gillem by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,465,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $8,586,000 is specifically appropriated for the pur pose of financing educational facilities for county and independent school systems through the State Board of Education, to wit: $83,405,000 for regular entitlements and $2,455,000 for four percent advanced incentive planning grants through the issuance of not more than $85,860,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $977,500 is specifically appropriated for the State Board of Education to construct 16 public libraries by means of acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, struc tures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,775,000 in principal amount of Gen eral Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $100,000 is specifically appropriated for the Depart ment of Public Safety for the purpose of financing the expansion of the wastewater treat
ment facility at the Georgia Public Safety Training Center by means of acquisition, construction, development, extension, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful
in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in
excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), 5,897,150 is specifically appropriated for the purpose of financing a program of major repairs and renovations for the Board of Regents, Univer
sity System of Georgia through the issuance of not more than $24,070,000 in principal
amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $784,000 is specifically appropriated for the purpose of financing a program of major repairs and renovations for the Department of Technical
and Adult Education through the issuance of not more than $3,200,00 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess
of sixty months.
WEDNESDAY, FEBRUARY 27, 1991
1347
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $416,500 is specifically appropriated for the Depart ment of Technical and Adult Education to finance the purchase of instructional equipment for various institutions through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $252,500 is specifically appropriated for the Depart ment of Transportation to finance the construction of dikes and the expansion of the Savannah harbor spoilage area by means of acquisition, construction, development, exten sion, enlargement and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 44. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropritaed for all of those purposes for which such moneys may be appropriated pursu ant to Article 6, and may be used to match federal funds which are available for such pur poses.
Section 45. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.
Section 46. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefore.
Section 47. Each and every agency, board, commission, and authority receiving appropriations in the Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of State motor vehicles, xerographic equipment and telephone equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 48. In accordance with the requirements of Article IX, Section VI, Para graph l(a) of the Constitution of the State of Georgia, as amended, there is hereby appro priated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in exis tence or as provided for in the Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effec tive date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insuffi cient in any year 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
1348
JOURNAL OF THE HOUSE,
to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 49. To the extent to which Federal funds become available in amounts in excess of those comtemplated 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 effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Bud get utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Plan ning and Budget provide written notice to members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 50. It is the intent of this General Assembly that 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 the expenditures as contemplated in this Appropriations Act.
Section 51. 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 52. No State appropriations authorized under this Act shall be used to continue programs currently funded by 100 percent federal funds.
Section 53. It is the intent of the General Assembly that for the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pickup trucks, vans, station wag ons and other such vehicles for street and highway use; and
(2) The number of passenger-carrying motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles.
(3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by the Office of Planning and Budget.
Section 54. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly for this state fiscal year, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Execu tive Branch between objects, programs, activities and functions 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 Appropriations Act applies, and provided, further, that no funds whatsoever shall be trans ferred between objects without the prior approval of at least eleven (11) 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 Audi tor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in the audit in which 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
WEDNESDAY, FEBRUARY 27, 1991
1349
approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Govern
ment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be sub mitted and approved in the same manner and under the same conditions provided herein before for transfers.
(1) For the purpose of this Section, the term "common" object class" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases,
Publication and Printing, Equipment, Postage, Computer Charges, Real Estate Rentals and Telecommunications.
(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 of each com mon 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.
(3) It is the further intent 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 55. 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 56. The Office of Planning and Budget is hereby directed to economize whenever possible and in the event any part of the appropriations provided in the forego
ing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.
Section 57. The Governor recommends a decrease to the personal services object class for the agencies and authorities listed below to reflect an employer rate reduction for
the Employees' Retirement System. The employer rate will be reduced from 18.91 percent to 17.80 percent effective January 1, 1991 as approved by the State Employees' Retirement System Board on December 20, 1990.
AGENCIES
REDUCTIONS
Administrative Services, Department of
(54,249)
Agency for the Removal of Hazardous Materials
(725)
Agriculture, Department of
(212,009)
Banking and Finance, Department of
(47,632)
Community Affairs, Department of
(39,740)
Corrections, Department of
(3,148,372)
Defense, Department of
(26,038)
Education, State Board of
(127,643)
Forestry Commission, State
(318,039)
Georgia Bureau of Investigation
(209,950)
Governor, Office of the
(66,683)
Human Resources, Department of
(4,767,469)
Industry, Trade and Tourism, Department of
(61,307)
1350
JOURNAL OF THE HOUSE,
Insurance, Office of Commissioner of
(88,454)
Labor, Department of
(56,893)
Law, Department of
(62,664)
Medical Assistance, Department of
(38,255)
Merit System of Personnel Administration
0
Natural Resources, Department of
(459,466)
Public Safety, Department of
(562,719)
Public Service Commission
(40,592)
Public Telecommunications Commission
(25,637)
Revenue, Department of
(375,376)
Secretary of State, Office of
(128,068)
Soil and Water Conservation Commission, State
(10,701)
Technical and Adult Education, Department of
(46,188)
Transportation, Department of
(15,363)
Veterans Service, Department of
(173,181)
Workers' Compensation, State Board of
(58,033)
Authorities:
--Georgia Agricultural Exposition Authority
(14,584)
--Georgia Environmental Facilities Authority
(3,152)
($11,239,182)
Section 58. F.Y. 1992
TOTAL STATE FUND APPROPRIATIONS $7,900,000,000
Section 59. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 60. All laws and parts of laws in conflict with this Act are repealed.
The following Committee substitute was read:
A BILL
To make and provide appropriations for the State Fiscal Year beginning July 1, 1991, and ending June 30, 1992; to make and provide such appropriations for the operation of the State government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, political subdivisions and for all other governmental activities, projects and undertakings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1991, and ending June 30, 1992, as prescribed hereinafter for such
WEDNESDAY, FEBRUARY 27, 1991
1351
fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $7,900,000,000 for State Fiscal Year 1992.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Legislative Branch ....................................,.................$
Personal Services - Staff ................................................................$ Personal Services - Elected
Officials .........................................................................................$ Regular Operating Expenses .........................................................$ Travel-Staff ...................................................................................$ Travel - Elected Official8...............................................................$ Capital Outlay .................................................................................$ Equipment........................................................................................! Computer Charges.........................................................,.................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts
Staff...............................................................................................! Per Diem, Fees and Contracts
Elected Officials...........................................................................! Photography..................,...........,......................................................! Expense Reimbursement Account................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
23,522,720 11,706,998
3,429,765 2,525,427
111,000 7,000 0
285,000 464,000
5,000 752,000
333,889
2,704,841 65,000
1,132,800 23,522,720 23,522,720
Senate Functional Budgets
Total Funds
State Funds
Senate and Research Office Lt. Governor's Office Secretary of the
Senate's Office Total
!
4,328,924
!
696,279
!
1,182.720
!
6,207,923
4,328,924 696,279
1,182,720 6,207,923
House Functional Budgets
Total Funds
State Funds
House of Representatives and Research Office
Speaker of the House's Office
Clerk of the House's Office Total
8,836,014
456,640 1,171,517 10,464,171
8,836,014
456,640 1,171,517 10,464,171
Joint Functional Budgets
Total Funds
State Funds
Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total
2,424,190 2,204,310
908,278 1,313.848 6,850,626
2,424,190 2,204,310
908,278 1,313.848 6,850,626
1352
JOURNAL OF THE HOUSE,
For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, 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, con sider 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 Sen ate and the House of Representatives; for Code Revision; for equipment, supplies, furnish ings, 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 ................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases .................................,.............................$ Equipment........................................................................................$ Per Diem, Fees and Contracts ......................................................$ Real Estate Rentals ........................................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted...................................................................-!
16,104,210
13,350,000 395,651 734,295 195,000 40,250 37,000 800,006 450,433 101,575
16,104,210 16,104,210
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court.
Budget Unit: Supreme Court............................................................! Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................!
4,710,000 3,325,000
1,385,000 4,710,000
WEDNESDAY, FEBRUARY 27, 1991
State Funds Budgeted....................................................................$
Section 4. Court of Appeals. Budget Unit: Court of Appeals.........................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 5. Superior Courts. Budget Unit: Superior Courts...........................................................!
Operation of the Courts.................................................................! Prosecuting Attorneys' Council.....................................................! Sentence Review Panel ..................................................................$ Council of Superior
Court Judges................................................................................! Judicial Administrative
Districts.........................................................................................! Habeas Corpus Clerk......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ...........................................................$
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education ..................................................$
Institute's Operations.....................................................................! Georgia Magistrate Courts
Training Council..........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council...........................................................!
Council Operations..........................................................................! Payments to Judicial
Administrative Districts for Case Counting..............................................................................! Board of Court Reporting..............................................................! Payment to Council of Magistrate Court Judges................................................................................! Payment to Council of Probate Court Judges................................................................................! Payment to Council of State Court Judges................................................................................! Payment to Resource Center.........................................................! Payment to Computerized Information Network ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications
Commission..............................................................!
Section 10. Indigent Defense Council. Budget Unit: Indigent Defense
1353
4,710,000
5,750,000 4,950,000
800,000 5,750,000 5,750,000
43,126,790 40,154,038 1,623,841
155,150
120,761
1,058,000 15,000
43,126,790 43,126,790
833,501
592.000 456,000
136,000 592,000 592,000
1,989,500 912,000
76,500 39,899
26,000
20,000
12,000 240,000
663,101 1,989,500 1,989,500
125.000
1354
JOURNAL OF THE HOUSE,
Council..
1,005,000
PART III.
EXECUTIVE BRANCH
Section 11. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services .........................................$ Administration and Services Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Rents and Maintenance Expense .................................................$ Utilities .............................................................................................$ Payments to DOAS Fiscal
Administration .............................................................................$ Direct Payments to Georgia
Building Authority for Capital Outlay..............................................................................! Direct Payments to Georgia Building Authority for Operations ....................................................................................$ Telephone Billings ..........................................................................$ Materials for Resale........................................................................$ Public Safety Officers Indemnity Fund...........................................................................$ Health Planning Review Board Operations ....................................................................................$ Georgia Golf Hall of Fame Operations ....................................................................................$ Authorities Liability Reserve Fund ...............................................................................$ Grants to Counties..........................................................................$ Grants to Municipalities ................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
19.436,656
49,572,357 11,163,408
330,550 377,000 1,480,640 8,699,859
3,722,994
1,364,480 530,900
11,665,402 38,550
2,000,000
2,500,000 40,057,021 15,500,000
304,400
37,600
0
0 0 0 149,345,161 19,436,655
Department of Administrative Services Functional Budgets
Total Funds
State Funds
State Properties Commission Departmental Administration Treasury and Fiscal
Administration Central Supply
Administration Procurement Administration General Services
Administration Space Management
Administration
472,357 4,993,340
9,488,056
15,917,275 3,010,079
889,231
550,005
472,357 4,960,006
7,488,056
0 3,010,079
0
550,005
WEDNESDAY, FEBRUARY 27, 1991
1355
Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total
$
47,863,857
$
4,045,346
$
50,851,707
$
6,308,566
$
1,717,379
$
998,797
$
2,239,166
$ 149,345,161
$
2,956,152
$
0
$
0
$
0
$
0
$
0
$
0
$
19,436,655
B. Budget Unit: Georgia Building Authority ................................... ...............................$
Georgia Building Authority Budget: Personal Services. .............................................. ..............................$ Regular Operating Expenses ........................... ..............................$ Travel.................................................................. ..............................$ Motor Vehicle Purchases ................................. ..............................$ Equipment..........................................................,.............................$ Computer Charges............................................. ..............................$ Real Estate Rentals .......................................... ..............................$ Telecommunications ........................................................................$ Per Diem, Fees and Contracts ........................ ..............................$ Capital Outlay ....... ...................................... ...... ..............................$ Utilities ..............................................................................................$ Contractual Expense ....................................... ..............................$ Fuel.....................................................................................................$ Facilities Renovations and Repairs ...................................................................................a Total Funds Budgeted...................................... ..............................$ State Funds Budgeted......................................,..............................$
0
21,560,441 5,557,879
27,255 280,000 231,785 58,121
17,704 121,010 151,880
0 7,466,638
235,030 0
0 35,707,743
0
Georgia Building Authority Functional Budgets
Total Funds
State Funds
Grounds Custodial Maintenance
Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total
$
1,989,061
$
0
$
5,466,726
$
0
$
5,066,198
$
0
$
5,505,934
$
0
$
397,562
$
0
$
5,454,356
$
0
$
10,235,721
$
0
$
1,592,185
$
0
$
0
$
0
$
35,707,743
$
0
Section 12. Agency for the Removal of Hazardous Materials.
Budget Unit: Agency for the Removal of Hazardous Materials ............... ...............................$
Operations Budget: Personal Services... ........ ....................................,.............................$ Regular Operating Expenses ...........................,..............................$ Travel.................................................................. ..............................$ Motor Vehicle Purchases .................................,..............................$ Equipment..........................................................,..............................$ Computer Charges............................................. ..............................$ Real Estate Rentals .........................................................................$ Telecommunications ........................................................................$ Per Diem, Fees and Contracts ........................,..............................$
105.999
3,621,671 2,958,281
391,160 136,000 220,735
1,500 0
25,800 875,000
1356
JOURNAL OF THE HOUSE,
Capital Outlay .................................................................................$ Utilities .............................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$
0 0 8,230,147 105,999
Section 13. Department of Agriculture. A. Budget Unit: Department of
Agriculture ...............................................................$ State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................! Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Market Bulletin Postage................................................................! Payments to Athens and Tifton
Veterinary Laboratories.............................................................! Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro.........................................................................-...........! Veterinary Fees................................................................................! Indemnities.......................................................................................! Advertising Contract.......................................................................! Payments to Georgia Agrirama Development Authority for Operations....................................................................................! Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets.........................................................! Capital Outlay..........................................................-......................! Contract - Federation of Southern Cooperatives................................................................! Tick Control Program....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
34,391.243
30,786,883 3,593,606
930,524 483,197 90,500 370,676 731,153 395,000 238,461 700,000
2,413,950
2,004,106 412,000 125,000 193,000
560,790
350,000 0
56,400 40,000 44,475,246 34,391,243
Department of Agriculture Functional Budgets
Total Funds
State Funds
Plant Industry Animal Industry Marketing General Field Forces Internal Administration Information and Education Fuel and Measures Consumer Protection
Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total
5,191,303 6,936,790 1,955,652 3,728,392 4,451,181 1,475,974 3,023,915
6,421,034 4,299,692 4,334,080
526,395 2,130,838 44,475,246
4,860,553 6,681,790 1,908,652 3,728,392 4,382,181 1,475,974 3,015,415
4,670,440 1,612,928
220,080 0
1.834,838 34,391,243
WEDNESDAY, FEBRUARY 27, 1991
B. Budget Unit: Georgia Agrirama Development Authority .........................................$
Georgia Agrirama Development Authority Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications....................................,..................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 14. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance .............................................................$ Administration and Examination Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 15. Department of Community Affairs. Budget Unit: Department of
Community Affairs .................................................$ State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel............................................................,...................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Felony Expenses................................................................! Contracts with Regional
Development Commissions ........................................................$ Local Assistance Grants.................................................................! Appalachian Regional Commission
Assessment...................................................................................! Community Development Block
Grants (Federal)..........................................................................! Music Hall of Fame ........................................................................$ Local Development Fund...........,...................................................! Payment to Georgia Residential
1357
0
670,499 164,436
5,450 0
5,494 0 0
7,933 36,167 203,300 95,000 1,188,279
0
6,962,419
5,863,419 290,426 302,873 101,700 25,334 102,550 216,893 54,724 4,500
6,962,419 6,962,419
14,035,732
5,728,875 265,600 153,000 10,000 2,605 80,275 516,379 51,850 102,000 20,000
2,467,500 722,000
140,322
30,000,000 60,000 900,000
1358
JOURNAL OF THE HOUSE,
Finance Authority............................ Payment to Georgia Environmental
Facilities Authority for Operations......................................... Total Funds Budgeted......................... State Funds Budgeted.........................
5,000,000
502,378 46,722,784 14,035,732
Department of Community Affairs Functional Budgets
Total Funds
State Funds
Executive and Administrative Technical Assistance Financial Assistance Rural Development Coordinated Planning Total
941,087 1,426,489 41,724,939 1,150,044 1.480,225 46,722,784
904,087
$
1,293,081
9,395,012
1,099,919
1.343.633
14,035,732
Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..........................................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Court Costs.......................................................................................$ County Subsidy ...............................................................................$ County Subsidy for Jails..,.............................................................$ County Workcamp Construction
Grants............................................................................................$ Grants for Local Jails .....................................................................$ Central Repair Fund.......................................................................$ Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State
Hospital for Utilities...................................................................! Payments to Public Safety
for Mcals.......................................................................................$ Inmate Release Fund......................................................................$ Health Services Purchases.............................................................! Payments to MAG for Health
Care Certification........................................................................! University of Georgia -
Cooperative Extension Service Contracts.........................................................................! Minor Construction Fund..............................................................! Authority Lease Rentals................................................................! Grants for Independent Probation Systems.........................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! Georgia Correctional Industries ....................................................$
499,139,233 363,772,836 49,067,099
1,886,219 2,345,500 5,411,976 3,728,252 4,596,389 4,182,412 2,331,301
0 13,837,648
486,000 13,688,850 9,355,000
0 0 924,000
3,921,000
1,297,891
464,500 1,600,000 25,119,528
51,749
325,000 0 0
0 508,393,150
0 0
WEDNESDAY, FEBRUARY 27, 1991
1359
State Funds Budgeted...............................................................
499,139,233
Departmental Functional Budgets
Total Funds
State Funds
Administration Institutions and Support Probation
Total
!
49,196,780
$ 370,013,057
$
89,183,313
$ 508,393,150
$
48,957,813
$ 368,615,107
$
81,566.313
$ 499,139,233
B. Budget Unit: Board of Pardons and Paroles ......................................................................$
Board of Pardons and Paroles Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................I Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Jail Subsidy........................................................................! Health Services Purchases.........................,...................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
36,153.531
29,231,878 1,181,485
830,000 0
150,753 444,000 2,347,294 1,031,321 303,000 608,800 25,000 36,153,531 36,153,531
Section 17. Department of Defense. Budget Unit: Department of Defense ................................................$ Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel............................,..............................................................,....! Motor Vehicle Purchases.....................................,.........................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Grants to Locals - Emergency
Management Assistance.............................................................! Grants - Others................................................................................! Civil Air Patrol Contract...............................................................! Capital Outlay.................................................................................! Repairs and Renovations...............................................................! Disaster Relief Payments...............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
5,172.340
8,385,821 4,393,128
73,307 0
41,300 15,325 6,260 153,473 196,535
1,044,200 55,000 40,000 0 0 0
14,404,349 5,172,340
Department of Defense Functional Budgets
Total Funds
State Funds
Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard Georgia Army National Guard
1,354,504
3,324,711 3,482,806 6.242.328
1,270,193
1,006,649 560,236
2,335,262
1360
JOURNAL OF THE HOUSE,
Total
$
Section 18. State Board of Education Department of Education.
Budget Unit: Department of Education.................................
Operations: Personal Services............................................. Regular Operating Expenses......................... Travel ................................................................ Motor Vehicle Purchases............................... Equipment........................................................ Computer Charges........................................... Real Estate Rentals........................................ Telecommunications ....................................... Per Diem, Fees and Contracts...................... Utilities ............................................................. Capital Outlay .................................................
QBE Formula Grants: Kindergarten/Grades 1 - 3............................. Grades 4 - 8...................................................... Grades 9 - 12.................................................... High School Laboratories .............................. Vocational Education Laboratories................................................. Special Education............................................ Gifted ................................................................ Remedial Education........................................ Staff Development.......................................... Professional Development.............................. Media ................................................................ Indirect Cost .................................................... Pupil Transportation...................................... Local Fair Share..............................................
Other Categorical Grants: Equalization Formula..................................... Sparsity Grants................................................ In School Suspension...................................... Special Instructional Assistance ................... Middle School Incentive................................ Special Education Low Incidence Grants..........................................
Non-QBE Grants: Education of Children of Low Income Families........................................... Retirement (H.B. 272 and H.B. 1321).......................... Instructional Services for the Handicapped......................................... Removal of Architectural Barriers......................................................... Tuition for the Multi-Handicapped..................................... Severely Emotionally Disturbed................... School Lunch (Federal).................................. School Lunch (State)...................................... Supervision and Assessment of Students and Beginning
14,404,349
5,172,340
2,881,522,809
43,134,187 4,318,549 1,259,227
0 418,215 4,740,225 2,587,923 1,604,396 18,499,909 704,609
0
735,016,806 640,485,532 271,392,931 89,862,200
91,406,688 218,595,969 30,618,321 50,273,028 23,305,737 78,952,121 629,973,183 120,300,951
0 (572,672,013)
136,500,000 3,825,000 17,930,959 34,155,945 39,636,173
200,000
94,501,492
3,000,000
23,177,937
0
2,300,000 34,915,279 113,396,789 24,562,029
WEDNESDAY, FEBRUARY 27, 1991
1361
Teachers and Performance Based Certification......................................................................! Regional Education Service Agencies ..........................................................................$ Georgia Learning Resources System...........................................................................................$ High School Program .....................................................................$ Special Education in State Institutions.........................................................................$ Governor's Scholarships .................................................................$ Special Projects ...............................................................................$ Job Training Partnership Act .......................................................$ Vocational Research and Curriculum....................................................................................! Salaries and Travel of Public Librarians.........................................................................! Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library M & 0....................................................................$ Grants to Local School Systems for Educational Purposes...........................................................! Child Care Lunch Program (Federal).......................................................................! Chapter II - Block Grant Flow Through......................................,........................................! Payment of Federal Funds to Board of Technical and Adult Education......................................................................................! Innovative Programs.......................................................................! Technology Grants..........................................................................! Limited English - Speaking Students Program .......................................................................$ Drug Free School (Federal) ...........................................................$ Transistion Program for Refugees................................................! Emergency Immigrant Education Program........................................................................................! Title II Math/Science Grant (Federal).......................................................................................! Robert C. Byrd Scholarship (Federal).............................,.........................................................! QBE Weights Adjustment .............................................................$ Health Insurance - Non-Cert. Personnel and Retired Teachers...............................................! Pre-School Handicapped Program...............................................! Mentor Teachers.............................................................................! Middle School Counselors..............................................................! Pre-Kindergarten Program ............................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!
1,700,000
6,751,960
2,351,667 16,851,009
3,606,003 1,058,647
95,000 3,084,680
266,540
10,097,738 4,343,959
845,450 3,841,862
0
16,787,825
10,026,258
11,701,897 2,100,000
150,000
5,352,204 2,700,000
100,000
100,000
345,900
154,000 0
59,583,875 8,959,928
375,000 0
2,952,542 3,189,164,241
0 2,881,522,809
Education Functional Budgets
Total Funds
State Funds
State Administration Instructional Programs Governor's Honors Program
10,191,032
$
18,266,840
1,780,604
9,643,385 9,194,683 1,667,259
1362
JOURNAL OF THE HOUSE,
Administrative Services Evaluation and Personnel
Development Special Services Professional
Standards Commission Professional
Practices Commission Local Programs Georgia Academy for
the Blind Georgia School for the Deaf Atlanta Area School
for the Deaf Total
$
10,887,241
$
14,360,736
$
4,594,634
$
341,074
$
605,459
! 3,111,897,001
$
4,462,611
$
6,974,670
$
4,802,339
! 3,189,164,241
Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement
System ......................................................................$ Employees' Retirement System Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Benefits to Retirees ........................................................................$ Employer Contribution..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 20. Forestry Commission. Budget Unit: Forestry Commission....................................................! State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses ..........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Contractual Research......................................................................! Payments to the University of
Georgia, School of Forestry for Forest Research.....................................................................! Ware County Grant for Southern Forest World................................................................................! Ware County Grant for Road Maintenance.................................................................................! Wood Energy Program...................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
7,168,189
13,901,066 2,955,163
341,074
605,459 2,820,750,155
4,269,427 6,763,383
4,263,566 2,881,522,809
1,450,000
1,401,287 194,364 14,350 0 29,000 302,000 191,000 30,000 864,500
1,450,000 0
4,476,501 1,450,000
35,292,026
29,324,251 5,326,865
157,068 1,000,000 1,500,000
198,849 43,670 1,041,595 519,622 200,000
0
28,200
60,000 0
100,000 39,500,120 35,292,026
WEDNESDAY, FEBRUARY 27, 1991
1363
Forestry Commission Functional Budgets
Total Funds
State Funds
Reforestation Field Services Wood Energy General Administration
and Support Total
$
3,074,616
$
33,699,219
$
0
$
2,726,285
$
39,500,120
$
1,596,216
$
30,969,525
$
0
$
2,726,285
$
35,292,026
Section 21. Georgia Bureau of Investigation.
Budget Unit: Georgia Bureau of Investigation ...................................................... ......$
Operations Budget: Personal Services................................................................. ....... .....$ Regular Operating Expenses .........................................................$ Travel........................................................................................... .....$ Motor Vehicle Purchases .......................................................... .....$ Equipment............................................................................ ......,.....$ Computer Charges................................. .....................................,.....$
Real Estate Rentals .........................................................................$ Telecommunications ..................................................................,.....$ Per Diem, Fees and Contracts .................................................,.....$ Evidence Purchased...................................................................,.....$ Capital Outlay .......................................................................... ..,.....$ Total Funds Budgeted.....................................................................$ Total State Funds Budgeted....................................................,.....$
37,348,754
27,313,028 2,470,807
491,361 635,200 520,737 1,098,285 1,841,500 1,871,456 606,380 500,000
0 37,348,754 37,348,754
Georgia Bureau of Investigation Functional Budgets
Total Funds
State Funds
Administration
Drug Enforcement Investigative Georgia Crime
Information Center
Forensic Sciences Total
$
3,187,406
$
8,507,050
$
10,645,113
$
7,149,220
$
7,859,965
$
37,348,754
$
3,187,406
$
8,507,050
$
10,645,113
$
7,149,220
$
7,859,965
$
37,348,754
Section 22. Office of the Governor. Budget Unit: Office of the Governor..................................................$
Personal Services..............................................................................$ Regular Operating Expenses ..........................................................$ Travel .......................................................................................... ......$
Motor Vehicle Purchases ......................................................... ......$ Equipment......... ......................................................................... ......$
Computer Charges............................................................................$ Real Estate Rentals .........................................................................$
Telecommunications ........ ................................................................$ Per Diem, Fees and Contracts .......................................................$ Cost of Operations .................................................................... ......$ Mansion Allowance ................................................................... ......$ Governor's Emergency Fund ................................................... ......$ Intern Stipends and Travel ..................................................... ......$ Art Grants of State Funds..............................................................$ Art Grants of Non-State Funds.............................................. ......$ Humanities Grant - State Funds................................. ........... ......$
Art Acquisitions - State Funds............................................... ......$
19,855,370 9,840,459
532,125 190,203
0 57,576 180,300 847,505 177,440 34,284,710 2,831,820 40,000 2,750,000 152,280 2,825,201 321,301 47,500
0
1364
JOURNAL OF THE HOUSE,
Children and Youth Grants...........................................................? Juvenile Justice Grants ..................................................................$ Payments to Hazardous Waste
Management Authority..............................................................? Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................?
95,000 1,425,725
232,000 56,831,145 19,855,370
Office of the Governor Functional Budgets
Total Funds
State Funds
Governor's Office Office of Fair
Employment Practices Office of Planning
and Budget Council for the Arts Office of Consumer Affairs State Energy Office Vocational Education
Advisory Council Office of Consumers'
Utility Council Criminal Justice
Coordinating Council Juvenile Justice
Coordinating Council Commission on Children
and Youth Human Relations Commission Governor's Commission on Drug
Awareness and Prevention Total
$
5,774,100
910,719
4,859,859 3,852,658 2,518,188 34,369,113
335,288
626,050
815,082
1,704,858
358,357 160,363
546,510 56,831,145
$
5,774,100
$
800,949
4,859,859
$
3,335,480
2,518,188
361,999
133,534
626,050
464,916
461,575
358,357 160,363
0 19,855,370
Section 23. Department of Human Resources. A. Budget Unit: Departmental
Operations................................................................$ 1. General Administration and
Support Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities.............................................................................................? Postage..............................................................................................? Capital Outlay.................................................................................? Institutional Repairs and
Maintenance.................................................................................? Payments to DMA -
Community Care.........................................................................? Service Benefits for Children........................................................? Special Purpose Contracts.............................................................? Purchase of Service Contracts......................................................? Total Funds Budgeted....................................................................?
554,898,499
66,816,577 2,841,235 1,539,635 866,772 212,652 4,183,964 5,971,927 1,428,964 3,803,236 406,080 1,618,966 0
200,000
13,697,491 13,954,848
258,000 37.301,421 155,101,768
WEDNESDAY, FEBRUARY 27, 1991
1365
Indirect DOAS Services Funding ....... State Funds Budgeted..........................
,.$
0
,.$
71,293,977
General Administration and Support Functional Budgets
Total Funds
State Funds
Commissioner's Office Administrative Appeals Administrative Policy,
Coordination, and
Direction Personnel Indirect Cost
Facilities Management Public Affairs Community/
Intergovernmental Affairs Budget Administration Financial Services Auditing Services Special Projects Office Of Children and Youth
Planning Councils Community Services
Block Grant Regulatory Services -
Program Direction and Support Child Care Licensing Laboratory Improvement Health Care Facilities Regulation Radiological Health Fraud and Abuse Child Support Recovery Support Services Aging Services State Health Planning and Development Agency Total
$
779,788
$
1,817,487
$
349,278
$
1,816,175
$
0
$
5,313,607
$
572,731
$
768,446
$
1,716,319
$
5,461,632
$
2,058,858
$
534,500
$
13,954,848
$
520,049
$
8,982,068
$
852,990
$
2,658,060
$
833,804
$
5,881,532
$
328,398
$
5,955,241
$
33,686,680
$
13,450,672
$
45,318,323
$
1.490,282
$ 155,101,768
$
779,788
$
1,817,487
$
349,278
$
1,816,175
$
(7,128,046)
$
3,847,178
$
572,731
$
768,446
$
1,716,319
$
5,461,632
$
2,058,858
$
534,500
$
13,435,004
$
157,512
$
0
$
842,990
$
2,658,060
$
492,289
$
1,371,639
$
245,898
$
792,527
$
4,947,217
$
12,705,524
$
19,620,689
$
1,430,282
$
71,293,977
2. Public Health Budget: Personal Services. ................................. Regular Operating Expenses .............. Travel..................................................... Motor Vehicle Purchases .................... Equipment...... .......................................
Computer Charges... ............................ . Real Estate Rentals ............................. Telecommunications ............................ Per Diem, Fees and Contracts ...........
Utilities ............................................... ... Postage...... ............................................. Crippled Children Clinics ................... Grants for Regional
Intensive Infant Care....................... Grants for Regional
$
51,648,101
$
63,044,710
$
1,082,597
$
13,303
$
75,072
$
561,898
$
1,124,966
$
739,899
$
3,662,760
$
0
$
134,096
$
640,000
$
0
1366
JOURNAL OF THE HOUSE,
Maternal and Infant Care.............. Crippled Children Benefits................ Kidney Disease Benefits.................... Cancer Control Benefits..................... Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants.................................... Family Planning Benefits .................. Grant-In-Aid to Counties................... Purchase of Service Contracts .......... Special Purpose Contracts................. Total Funds Budgeted........................ Indirect DOAS Services Funding..... State Funds Budgeted........................
..$
1,885,000
..$
7,600,000
..$
308,000
..$
2,837,470
..$
2,050,000
..$
515,582
..$
72,637,591
..$
13,074,427
..$
6,278,522
..$
229,913,994
..$
0
..$
128,988,681
Public Health Functional Budgets
Total Funds
State Funds
Director's Office Employees' Health Health Program Management Vital Records Health Services Research Primary Health Care Stroke and Heart
Attack Prevention Epidemiology Immunization Sexually Transmitted
Diseases Community Tuberculosis
Center Family Health Management Infant and Child Health Maternal Health - Perinatal Family Planning Malnutrition Dental Health Children's Medical Services Chronic Disease Diabetes Cancer Control Environmental Health Laboratory Services Emergency Health District Health
Administration Newborn Follow-Up Care Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infants
Grant in Aid to Counties
Community Health Management
Community Care
Aids
859,467 357,381 1,349,425 1,919,436 911,063 1,079,361
2,019,848 1,216,792
718,022
3,623,508
1,945,080 13,205,379 5,518,064 3,214,258 10,369,621 63,965,612 1,744,621 12,376,816 1,254,857
698,918 4,087,890 1,336,213 5,621,762 2,995,386
10,589,730 972,253
3,714,100
4,212,823 57,976,819
507,704 3,410,410 6,141,375
$
859,467
$
207,381
$
1,220,156
$
1,729,902
$
911,063
$
995,171
$
1,489,848
$
855,804
$
0
306,156
1,641,592 7,002,807 4,278,747
607,507 6,392,515
0 1,539,134 10,142,387 1,254,857
698,918 3,880,937
922,441 5,501,762 1,939,187
10,589,730 768,222
3,206,887
4,212,823 51,016,326
419,095 1,300,307 3,097,552
WEDNESDAY, FEBRUARY 27, 1991
1367
Total
! 229,913,994
$ 128,988,681
3. Rehabilitation Services Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Capital Outlay.................................................................................! Postage..............................................................................................!
Institutional Repairs and Maintenance.........................................................................!
Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Special Purpose Contracts .............................................................$ Purchase of Services Contracts.....................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
66,847,114 9,945,871
722,668 62,815 348,593 1,670,466 3,375,732 1,470,601 4,757,620 973,728
0 511,190
234,000 16,679,991
27,000 922,750 7.381,996 115,932,135
0 22,707,890
Rehabilitation Services Functional Budgets
Total Funds
State Funds
Program Direction and Support
Grants Management State Rehabilitation
Facilities Roosevelt Warm Springs
Institute Georgia Factory for
the Blind Disability Adjudication Production Workshop District Field Services Independent Living Sheltered Employment Community Facilities Bobby Dodd Workshop Total
3,920,271 1,014,969
7,654,123
19,962,516
11,457,759 25,237,686
690,024 37,128,390
557,792 1,647,966 6,222,361
438,278 115,932,135
1,236,463 865,472
1,525,622
5,110,858
764,417 0 0
8,292,802 352,792 786,902
3,488,901 283.661
22,707,890
4. Family and Children Services Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................!
14,705,377 1,603,378
372,215 0
72,355 16,336,665
246,861 1,399,660 5,014,274
16,380
1368
JOURNAL OF THE HOUSE,
Postage.............................................. Cash Benefits................................... Grants to County DFACS -
Operations .................................... Service Benefits for Children........ Special Purpose Contracts............. Purchase of Service Contracts ...... Children's Trust Fund.................... Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................
Family and Children Services Functional Budgets
Total Funds
Refugee Benefits AFDC Payments SSI - Supplemental Benefits Energy Benefits County DFACS Operations -
Social Services County DFACS Operations -
Eligibility Cr anty DFACS Operations -
Joint and Administration County DFACS Operations -
Homemakers Services Food Stamp Issuance Director's Office Administrative Support Regional Administration Public Assistance Management Information
Systems Social Services Indirect Cost Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Program Support County DFACS Operations -
Employability Program Children's Trust Fund
Commission Total
1,908,666 393,768,271
100 6,917,000
73,316,032
101,224,292
44,730,007
7,272,179 2,637,600
792,423 5,064,772 4,064,585 4,055,081
19,296,319 2,850,170
0 3,613,143 1,976,046 29,307,018 4,150,219 1,484,848 5,353,680 24,995,087
145,000 475,000 1,248,447 3,340,961
3,428,632
1,249,256 748,664,834
Budget Unit Object Classes: Personal Services..................... Regular Operating Expenses. Travel........................................
2,064,694 401,740,037
229,971,142 68,433,444 3,624,091
1,944,658 1,119,603 748,664,834
0 331,907,951
State Funds
0 150,928,530
100 0
26,320,068
50,501,852
21,933,109
7,272,179 0
792,423 4,019,116 4,064,585 2,317,910
10,515,298 2,850,170 (6,945,374) 1,465,696 1,976,046 20,973,878 3,468,253 1,278,101 3,773,991 16,415,983
145,000 475,000 1,226,089 3,176,376
1,714,316
1,249,256 331,907,951
200,017,169 77,435,194 3,717,115
WEDNESDAY, FEBRUARY 27, 1991
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Utilities .............................................................................................$ Postage..............................................................................................$ Capital Outlay .................................................................................$ Grants for Regional
Intensive Infant Care..................................................................$ Grants for Regional
Maternal and Infant Care..........................................................$ Crippled Children Benefits............................................................! Crippled Children Clinics ..............................................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................! Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants................................................................................! Family Planning Benefits ..............................................................$ Grant-In-Aid to Counties...............................................................! Payments to DMA-Community Care...........................................! Service Benefits for Children........................................................! Case Services....................................................................................! E.S.R.P. Case Services....................................................................! Cash Benefits...................................................................................! Grants for County DFACS Operations....................................................................................! Institutional Repairs and Maintenance.........................................................................! Special Purpose Contracts.............................................................! Purchase of Service Contracts ......................................................$ Children's Trust Fund....................................................................!
B. Budget Unit: Community Mental Health/ Mental Retardation Youth Services and Institutions...............................................................!
Departmental Operations: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Utilities.............................................................................................! Capital Outlay .................................................................................$ Authority Lease Rentals................................................................! Institutional Repairs and Maintenance.................................................................................! Grants to County-Owned Detention Centers.......................................................................! Substance Abuse Community Services...................................................................!
1369
942,890 708,672 22,752,993 10,719,486 5,039,124 17,237,890 1,396,188 4,328,946
0
0
1,885,000 7,600,000
640,000 308,000 2,837,470
2,050,000 515,582
72,637,591 13,697,491 82,388,292 16,679,991
27,000 401,740,037
229,971,142
434,000 11,083,363 59,702,502 1,119,603
516,160,599
407,210,692 39,591,197
1,157,119 327,330
2,057,723 4,683,641 1,211,440 3,163,540 7,178,105 14,412,029
0 0
2,155,639
2,667,420
44,204,000
1370
JOURNAL OF THE HOUSE,
Mental Retardation Community Services ...................................................................$
Mental Health Community Services...................................................................!
Community Mental Health Center Services ............................................................................$
Special Purpose Contract...............................................................! Service Benefits for Children........................................................! Purchase of Service Contracts ......................................................$ Reserve/ClaytonRYDC..................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
93,409,157
21,635,744
62,783,021 1,272,118 4,940,940 606,870 321,742
714,989,467 0
516,160,599
Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets
Total Funds
State Funds
Southwestern State Hospital Georgia Retardation Center Georgia Mental Health
Institute Georgia Regional
Hospital at Augusta Northwest Regional
Hospital at Rome Georgia Regional
Hospital at Atlanta Central State Hospital Georgia Regional
Hospital at Savannah Gracewood State School
and Hospital West Central Georgia
Regional Hospital Outdoor Therapeutic Program Mental Health
Community Assistance Mental Retardation
Community Assistance Developmental Disabilities
Grant Day Care Centers for
Mentally Retarded Supportive Living Georgia State Foster
Grandparents/Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship
41,825,026 32,722,792
32,015,830
23,737,798
30,909,412
30,647,306 135,585,853
25,899,043
48,193,194
23,627,853 3,504,151
9,953,776
4,751,686
721,071
71,727,902 21,302,151
706,322 477,836 4,099,557
62,783,021 397,872
1,429,825
276,622 333,593
25,410,872 13,326,266
27,109,918
20,530,102
23,371,192
23,159,694 82,727,887
21,242,897
22,469,905
18,955,912 2,678,427
9,838,776
3,107,705
0
43,991,902 21,302,151
675,292
477,836
1,263,583
49,117,959 397,872
1,219,825
276,622 333,593
WEDNESDAY, FEBRUARY 27, 1991
Community Mental Retardation Staff
Community Mental Retardation Residential Services
Contract with Clayton County Board of Education for Autistic Children
MH/MR/SA Administration Regional Youth
Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/
Interstate Compact Assessment and
Classification Youth Services
Administration Total
3,887,790
16,283,282
77,288 10,433,956
20,319,744 11,148,338 7,870,664 4,197,612 4,296,305 14,163,660 2,917,866
999,366 716,973 6,426,503
782,718
450,374
2.387,536 714,989,467
Section 24. Department of Industry and Trade. Budget Unit: Department of Industry
and Trade.................................................................! State Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment.....................................................................................--! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications............................................. ..........................$ Per Diem, Fees and Contracts......................................................$ Local Welcome Center Contracts .................................................$
Advertising and Cooperative Advertising ...................................................................................$
Georgia Ports Authority Authority Lease Rentals.............................................................!
Historic Chattahoochee Commission Contract..............................................................--.!
Georgia Council for International Visitors..................................................................!
Waterway Development in Georgia.............................................................................--..--..--!
Georgia Music Week Promotion...................................................! Georgia World Congress Center
Operating Expenses ....................................................................$ Contract - Georgia Association
of Broadcasters........................................................------........--!
Southern Center for International Studies.............................--..................................!
1371
3,887,790
16,283,282
77,288 7,951,023
19,764,244 10,781,879 7,787,435 4,068,046 3,728,428 14,163,660 2,917,866
999,366 716,973 6,426,503
782,718
450,374
2,387,536 516,160,599
16,576,142
7,734,654 1,384,975
304,263 42,000 41,281 111,128 840,869 218,796 262,480 234,800
4,814,110
1,445,000
50,000
23,500
50,000 0
0
24,910
23,500
1372
JOURNAL OF THE HOUSE,
Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
0 17,606,266 16,576,142
Department of Industry and Trade Functional Budgets
Total Funds
State Funds
Administration Economic Development Tourism Total
$
4,340,419
$
5,362,861
$
7,902.986
$
17,606,266
$
3,520,419
$
5,202,861
$
7.852,862
$
16,576,142
Section 25. Department of Insurance. Budget Unit: Department of Insurance.............................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Health Care Utilization Review....................................................! Total Funds Budgeted....................................................................! State Funds Budgeted ....................................................................$
13,159,629
11,535,150 563,961 551,170 84,000 73,546 268,816 520,761 245,625 51,600 0
13,894,629 13,159,629
Department of Insurance Functional Budgets
Total Funds
State Funds
Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total
$
2,218,029
$
6,103,696
$
626,294
!
4,946,610
!
13,894,629
$
2,218,029
!
5,973,696
$
626,294
!
4,341,610
!
13,159,629
Section 26. Department of Labor. Budget Unit: Department of Labor....................................................! State Operations:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and
Contracts (JTPA) ........................................................................$ Per Diem, Fees and Contracts......................................................! W.I.N. Grants..................................................................................! Payments to State Treasury..........................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
6,590,973
63,502,293 5,488,281 1,014,839
0 468,869 3,772,454 1,259,182 1,260,815
65,281,260 2,902,168
0 1,774,078 2.800,000 149,524,239 6,590,973
WEDNESDAY, FEBRUARY 27, 1991
1373
Department of Labor Functional Budgets
Total Funds
State Funds
Executive Offices Administrative Services Employment and Training
Services Total
5,842,352 18,731,966
124,949.921 149,524,239
$
850,113
3,000,253
2,740,607 6,590,973
Section 27. Department of Law. Budget Unit: Department of Law.......................................................$
Attorney General's Office Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
9,010,964
8,210,948 367,943 131,057 0 11,205 169,406 462,241 98,164 60,000 110,000
9,620,964 9,010,964
Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$
Medicaid Benefits, Penalties and Disallowances.......................................................................!
Payments to Counties for Mental Health..............................................................................!
Audit Contracts...............................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
786,021.307
12,875,019 556,334 144,500 0 42,750
17,049,279 935,973 401,058
49,333,561
2,132,268,217
40,423,285 772,500
2,254,802,476 786,021,307
Medical Assistance Functional Budgets
Total Funds
State Funds
Commissioner's Office Program Management Systems Management Administration Program Integrity Institutional Policy
and Reimbursement Benefits, Penalties
and Disallowances Total
8,827,586 42,657,408 19,807,040
2,867,446 4,534,033
3,417,461
2,172,691.502 2,254,802,476
4,261,879 2,122,083 5,455,151
497,096 1,693,864
1,656,225
770,335.009 786,021,307
1374
JOURNAL OF THE HOUSE,
Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ........................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Health Insurance Payments ..........................................................$ Total Funds Budgeted....................................................................$ Agency Assessments........................................................................$ Employee and Employer
Contributions ...............................................................................$ Deferred Compensation..................................................................$ State Funds......................................................................................$
0
8,255,989 1,724,982
84,509 53,553 2,986,792 918,326 299,927 92,228,910 613.182.892 719,735,880 9,805,941
709,792,485 137,454 0
Merit System Functional Budgets
Total Funds
State Funds
Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Commissioner's Office Total
2,820,188
$
0
1,247,830
$
0
1,349,233
$
0
1,344,328
25,818,739 682,855,136
2,672,833 1,627,543 719,735,880
Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Authority Lease Rentals ................................................................$ Advertising and Promotion............................................................$ Cost of Material for Resale ...........................................................$ Capital Outlay:
New Construction........................................................................$ Repairs and Maintenance ..........................................................$ Land Acquisition Support..........................................................$ Wildlife Management Area Land
Acquisition................................................................................$
71,511.985
61,601,922 11,626,052
440,234 1,457,331 1,595,805 1,854,165 1,214,102
692,982 1,115,171
227,000 150,000 2,400,000
100,000 4,086,700
211,500
530,000
WEDNESDAY, FEBRUARY 27, 1991
1375
Shop Stock - Parks .....................................................................$ User Fee Enhancements.............................................................$ Buoy Maintenance ......................................................................$ Waterfowl Habitat ......................................................................$
Paving at State Parks and Historic Sites............................................................................$
Grants: Land and Water Conservation ..................................................$ Environmental Facilities ............................................................$ Historic Preservation ..................................................................$ Recreation.....................................................................................! Chehaw Park Authority .............................................................$ Zoo Atlanta...................................................................................$
Contracts: Georgia Special Olympics...........................................................$ Georgia Sports Hall of Fame.....................................................$ Technical Assistance Contract..................................................! Corps of Engineers (Cold Water Creek State Park)....................................................................$ Georgia Rural Water Association................................................................................! Lanier Regional Committee.......................................................! Georgia State Games Commission............................................!
U. S. Geological Survey for Ground Water Resources .......................................................$
U.S. Geological Survey for Topographic Mapping.............................................................!
Payments to Lake Lanier Islands Development Authority..............................................................!
Payments to Georgia Agricultural Exposition Authority ..................................................................$
Georgia Boxing Commission..........................................................! Total Funds Budgeted....................................................................! Receipts from Jekyll Island
State Park Authority..................................................................! Receipts from Stone Mountain
Memorial Association .................................................................$ Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!
329,000 0
20,000 0
400,000
800,000 3,500,000
258,500 315,000
0 0
193,640 0
117,500
175,000
10,000 0
123,824
300,000
125,000
0
2,397,690 5,000
98,373,118
314,594
724,572 0
71,511,985
Department of Natural Resources Functional Budgets
Total Funds
State Funds
Internal Administration Parks, Recreation and
Historic Sites Coastal Resources Game and Fish Environmental Protection Total
8,183,687
36,464,351 1,790,389 27,062,133 24,872,558
98,373,118
5,645,552
19,955,983 1,695,389 23,117,003 21,098,058 71,511,985
B. Budget Unit: Georgia Agricultural Exposition Authority..............................................!
Operations Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................!
0
1,389,212 1,360,997
21,600 20,000
1376
JOURNAL OF THE HOUSE,
Equipment...................................................... ..................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
76,600 28,500
0 18,000 490,826
0 3,405,735
0
Functional Budget
Total Funds
State Funds
Georgia Agricultural Exposition Authority
$
3,405,735
$
0
Section 31. Department of Public Safety. A. Budget Unit: Department of Public
Safety ........................................................................$ 1. Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ State Patrol Posts Repairs
and Maintenance .........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding ...................................................$ State Funds Budgeted....................................................................$
84,550,309
50,454,611 7,829,772
157,250 2,010,000
425,952 4,786,000
40,501 878,400 194,650
150,000 0
66,927,136 0
66,927,136
2. Driver Services Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay ........................,........................................................$ Conviction Reports .........................................................................$ Driver License Processing..............................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding ...................................................$ State Funds Budgeted....................................................................!
14,176,916 1,643,953
32,750 0
78,497 0
37,507 321,600 85,350
0 265,000 981.600 17,623,173
0 17,623,173
Public Safety Functional Budgets
Total Funds
State Funds
Administration Driver Services Field Operations
17,480,605 17,623,173 49.446,531
17,480,605 17,623,173 49,446.531
WEDNESDAY, FEBRUARY 27, 1991
1377
Total
84,550,309
$
84,550,309
B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
13,788,650
7,316,581 2,628,647
113,050 13,500 132,085 425,076 95,366 144,963 827,440 2,758,356
0 14,455,064 13,465,064
2. Office of Highway Safety Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Highway Safety Grants..................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
410,400 28,600 9,828
0 0 39,185 69,988 4,000 23,800 3,500,000 4,085,801 323,586
Attached Units Functional Budgets
Total Funds
State Funds
Office of Highway Safety
!
Georgia Peace Officers
Standards and Training
!
Police Academy
!
Fire Academy
!
Georgia Firelighters
Standards and
Training Council
!
Organized Crime
Prevention Council
!
Georgia Public Safety
Training Facility
!
Total
!
Section 32. Public School Employees' Retirement System.
Budget Unit: Public School Employees' Retirement System..............
Departmental Operations Budget: Payments to Employees' Retirement System...................................
4,085,801
4,782,805 1,170,319 1,249,097
451,027
0
6,801,816 18,540,865
323,586 4,782,805 1,120,319 1,169,097
451,027 0
5,941,816 13,788,650
10,911,433
441,433
1378
JOURNAL OF THE HOUSE,
Employer Contributions.. Total Funds Budgeted..... State Funds Budgeted.....
10,470,000 10,911,433 10,911,433
Section 33. Public Service Commission. Budget Unit: Public Service
Commission............................... Departmental Operations Budget:
Personal Services............................................... Regular Operating Expenses........................... Travel.................................................................. Motor Vehicle Purchases................................. Equipment.......................................................... Computer Charges............................................. Real Estate Rentals.......................................... Telecommunications ......................................... Per Diem, Fees and Contracts........................ Total Funds Budgeted...................................... State Funds Budgeted......................................
7,469,534
6,574,418 378,504 192,943 66,860 26,162 269,792 316,643 122,073 922,115
8,869,510 7,469,534
Public Service Commission Functional Budgets
Total Funds
State Funds
Administration Transportation Utilities Total
1,712,901 3,096,775 4,059,834 8,869,510
$
1,712,901
1,794,799
3,961,834
7,469,534
Section 34. Board of Regents, University System of Georgia.
A. Budget Unit: Resident Instruction................................................! Resident Instruction Budget:
Personal Services: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................!
Special Funding Initiative .............................................................$ Office of Minority
Business Enterprise.....................................................................! Special Desegregation Programs...................................................! Forestry Research............................................................................! Research Consortium......................................................................! Eminent Scholars Program............................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
804,025,121
867,887,675 110,000,000
216,971,919 125,000,000 11,250,000
331,830 360,383 283,880
0 0 0 1,332,085,687 31,000,000 235,000,000 262,060,566 0 804,025,121
B. Budget Unit: Regents Central Office and Other Organized Activities...................................................................!
Regents Central Office and Other Organized Activities Budget:
141,922,744
WEDNESDAY, FEBRUARY 27, 1991
1379
Personal Services: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................$
Operating Expenses: Educ., Gen., and Dept. Svcs ......................................................$ Sponsored Operations.................................................................$
Fire Ant and Environmental Toxicology Research ...................................................................$
Agricultural Research .....................................................................$
Advanced Technology Development Center ...................................................................$
Capitation Contracts for Family Practice Residency.........................................................$
Residency Capitation Grants.........................................................! Student Preceptorships..................................................................$ Center for Rehabilitation
Technology ...................................................................................$ SREB Payments..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants .........................................................$ Regents Scholarships......................................................................!
Rental Payments to Georgia Military College ...........................................................................$
CRT Inc. Contract at Georgia Tech Research Institute .......................................................................$
Direct Payments to the Georgia Public Telecommunications Commission for Operations........................................................!
Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income ...........................................................................$ Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
217,764,438 65,013,299
102,640,762 36,177,000
218,080 1,982,943
1,475,824
2,659,765 2,461,821
150,771
701,330 8,792,031 1,074,370
564,000 188,000
796,348
211,000
0 442,871,782
0 104,448,623 196,500,415
0 141,922,744
Regents Central Office and Other Organized Activities Functional Budgets
Total Funds
State Funds
Marine Resources Extension Center
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute Education Extension
Services Agricultural
Experiment Station Cooperative Extension
Service Eugene Talmadge
Memorial Hospital Veterinary Medicine
Experiment Station Veterinary Medicine
!
1,735,259
!
3,694,840
!
1,407,653
$ 128,019,781
!
5,797,680
!
50,309,052
!
49,649,263
! 168,725,009
!
2,917,125
1,207,626 1,508,416
956,926 13,123,680 2,048,195 33,944,175 33,349,263 29,811,561 2,917,125
1380
JOURNAL OF THE HOUSE,
Teaching Hospital Joint Board of
Family Practice Georgia Radiation
Therapy Center Athens and Tifton
Veterinary Laboratories Regents Central Office Total
$
2,355,780
$
5,933,885
$
2,450,164
$
3,258,324
$
16,617,967
! 442,871,782
503,925
5,933,885
0
0 16,617,967 141,922,744
C. Budget Unit: Georgia Public Telecommunications
Public Telecommunications Commission Budget:
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! Other Funds.....................................................................................$ State Funds Budgeted....................................................................!
6,404,155
7,095,802 7,142.919 14,238,721 7,834,566 6,404,155
Section 35. Department of Revenue. Budget Unit: Department of Revenue ...............................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ County Tax Officials/Retirement
and FICA......................................................................................$ Grants to Counties/Appraisal
Staff ...............................................................................................$ Motor Vehicle Tags and Decals....................................................$ Postage......................................................................,.......................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding ........,........................................$ State Funds Budgeted....................................................................!
80,346,275
48,352,162 4,157,144 1,408,050
114,200 477,955 9,711,450 2,492,101 702,945 297,625
2,327,000
1,230,000 5,450,175 3,625,468 80,346,275
0 80,346,275
Department of Revenue Functional Budgets
Total Funds
State Funds
Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total
5,140,202 10,879,138 5,336,296 17,323,389 8,017,966 18,557,457 6,562,199 4,248,001 4,281,627 80,346,275
5,140,202 10,879,138 5,336,296 17,323,389 8,017,966 18,557,457 6,562,199 4,248,001 4,281,627 80,346,275
Section 36. Secretary of State.
WEDNESDAY, FEBRUARY 27, 1991
1381
Budget Unit: Secretary of State..........................................................$ Personal Services.............................................................................$ Regular Operating Expenses ......................,..................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts .........,............................................$ Election Expenses ...........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................*
22,279,227 15,455,730 2,141,192
241,350 128,500 98,631 854,111 2,282,731 300,095 676,887 600,000 22,779,227 22,279,227
Secretary of State Functional Budgets
Total Funds
State Funds
Internal Administration Archives and Records Business Services and
Regulation
Elections and Campaign Disclosure
Drugs and Narcotics State Ethics Commission Occupational Certification Total
$
3,183,935
$
4,737,129
$
4,340,066
$
1,335,912
$
995,314
$
196,190
$
7,990,681
$
22,779,227
$
3,043,935
$
4,662,129
$
4,245,066
$
1,299,912
$
941,314
$
196,190
$
7.890.681
$
22,279,227
B. Budget Unit: Real Estate Commission .........................................$ Real Estate Commission Budget:
Personal Services.............................................................................* Regular Operating Expenses .........................................................$ Travel................................................................................................* Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................* Computer Charges...........................................................................* Real Estate Rentals ........................................................................$ Telecommunications.......................................................................* Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*
1,972,000
1,089,920 156,300 15,000 44,000 12,500 381,830 113,700 24,000 134,750
1,972,000 1,972,000
Real Estate Commission Functional Budget
Cost of
State Funds
Operations
Real Estate Commission
$ 1,972,000
* 2,012,000
Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water
Conservation Commission......................................* Soil and Water Conservation Budget:
Personal Services.............................................................................* Regular Operating Expenses .........................................................$ Travel................................................................................................* Motor Vehicle Purchases...............................................................* Equipment........................................................................................* Computer Charges...........................................................................* Real Estate Rentals ........................................................................*
1,791,433
977,540 108,898 56,975
0 13,067 6,846 56,218
1382
JOURNAL OF THE HOUSE,
Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ County Conservation Grants .........................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
18,676 483,440 449,198 2,170,858 1,791,433
Section 38. Student Finance Commission. Budget Unit: Student Finance
Commission..............................................................! Administration Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Real Estate Rentals........................................................................! Payment of Interest and Fees.......................................................! Guaranteed Educational Loans.....................................................! Tuition Equalization Grants .........................................................$ Student Incentive Grants...............................................................! Law Enforcement Personnel
Dependents' Grants....................................................................! North Georgia College
ROTC Grants...............................................................................! Osteopathic Medical Loans...........................................................! Georgia Military Scholarship
Grants............................................................................................! Paul Douglas Teacher
Scholarship Loans .......................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
23,246,770
4,501,974 393,250 71,800 0 21,000 367,000 137,800 18,000 18,000 781,921
4,210,000 14,849,678 4,728,461
36,000
95,500 162,000
462,030
398,784 31,253,198 23,246,770
Georgia Student Finance Commission Functional Budgets
Total Funds
State Funds
Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Public Postsecondary
Education Commission Total
5,339,364
781,921
24,942,453
189,460 31,253,198
0
485,904
22,571,406
189,460 23,246,770
Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement
System......................................................................! Departmental Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................!
3,950,000
3,189,736 319,860 26,650 16,000 383,000 301,000 113,978
WEDNESDAY, FEBRUARY 27, 1991
1383
Per Diem, Fees and Contracts ......................................................$ Cost-of-Living Increases for Local
Retirement System Members ....................................................$ Floor Fund for Local
Retirement Systems ....................................................................$ Post Retirement Benefit
Increases for Retirees..................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!
330,000
3,250,000
700,000
0 8,630,224 3,950,000
Section 40. Department of Technical and Adult Education.
Budget Unit: Department of Technical and Adult Education ..............................................?
Department of Technical and Adult Education Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................I Telecommunications..................................................,....................? Per Diem, Fees and Contracts......................................................? Personal Services-Institutions.......................................................? Operating Expenses-Institutions...................................................? Capital Outlay.................................................................................? Quick Start Program ......................................................................$ Area School Program......................................................................? Regents Program.............................................................................? Adult Literacy Grants....................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
128,230,792
4,069,335 340,242 108,000 0 8,000 381,470 495,110 142,000 797,526
86,532,459 18,953,302
0 6,150,000 25,322,070 2,737,598 8,657,535 154,694,647 128,230,792
Functional Budgets
Total Funds
State Funds
Administration Institutional Programs Total
?
6,341,683
? 148,352,964
? 154,694,647
5,320,836 122,909,956 128,230,792
Section 41. Department of Transportation. Budget Unit: Department of
Transportation ................................ For Public Roads and Bridges, for Grants to Counties for Road Construction and Maintenance, and for other transportation activities.
Departmental Operations Budget: Personal Services...................................................... Regular Operating Expenses.................................. Travel......................................................................... Motor Vehicle Purchases........................................ Equipment................................................................. Computer Charges.................................................... Real Estate Rentals................................................. Telecommunications ................................................ Per Diem, Fees and Contracts...............................
501,935,562
225,571,818 60,505,689
1,636,678 511,000
4,359,489 4,538,721 1,355,827 2,009,489 9,897,129
1384
JOURNAL OF THE HOUSE,
Capital Outlay ................................. Grants to Counties.......................... Grants to Municipalities................ Capital Outlay - Airport
Approach Aid and Operational Improvements.............................. Capital Outlay - Airport Development ................................ Mass Transit Grants....................... Savannah Harbor Maintenance Payments ...................................... Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction.................... G.O. Debt Sinking Fund ................ Total Funds Budgeted.................... State Funds Budgeted....................
658,952,047 0 0
1,058,242
1,000,000 8,177,520
987,000
0 0 980,560,649 501,935,562
Department of Transportation Functional Budgets
Motor Fuel Tax Budget
Total Funds
State Funds
Planning and Construction Maintenance and Betterments Facilities and Equipment Assistance to Counties Administration Total
705,574,602 230,227,025
7,099,748 0
22,558,625 965,460,000
$ 247,499,602
$ 218,987,025
$
6,499,748
$
0
$
22,013,625
$ 495,000,000
General Funds Budget
Total Funds
State Funds
Grants to Municipalities Paving at State and
Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Total
0 1,678,952
12,434,697
987,000 15,100,649
0 1,178,952
4,769,610
987,000 6,935,562
Section 42. Department of Veterans Service. Budget Unit: Department of Veterans
Service ......................................................................$ Departmental Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Operating Expense/Payments to
Central State Hospital................................................................? Operating Expense/Payments to
21,789,134
4,705,040 115,252 65,456 0 43,995 15,295 231,872 55,370 23,100 0
15,304,785
WEDNESDAY, FEBRUARY 27, 1991
1385
Medical College of Georgia........................................................?
Regular Operating Expenses for Projects and Insurance.........................................................?
Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
5,921,793
175,000 26,656,958 21,789,134
Veterans Service Functional Budgets
Total Funds
State Funds
Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville
Veterans Nursing Home - Augusta
Total
?
5,220,555
?
15,486,410
?
5,949,993
?
26,656,958
?
5,005,526
?
12,266,422
?
4,517,186
?
21,789,134
Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation
Board........................................................................? Operations Budget:
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases..................................,............................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Georgia Crime Victims Assistance
Program........................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?
8,776,975
6,947,933 327,875 69,615 0 2,885 212,548 997,304 105,000 123,815
100,000 8,886,975 8,776,975
Section 44. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued).................................................? State of Georgia General Obligation Debt Sinking Fund (New).....................................................?
326,745,251 24,389,705
Section 45. State of Georgia Guaranteed Revenue Fund.
Budget Unit: State of Georgia Guaranteed Funds: Total Bonds.................................................................? Debt Service.................................,..............................? State Funds.................................................................?
50,000,000 5,000,000
-0
Section 46. Provisions Relative to Section 3, Supreme Court. The appro priations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.
1386
JOURNAL OF THE HOUSE,
Section 47. Provisions Relative to Section 4, Court of Appeals The appropriations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contribu tions for judges and employees of the Court.
Section 48. Provisions Relative to Section 5, Superior Courts. The appropriations in Section 5 (Superior Courts) of this Act are for the cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attor neys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Section 15-5-2, for the latter of which funds shall be allocated to the ten administrative districts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 49. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 50. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 51. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 52. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is desig nated and committed for youth programs and activities.
Section 53. Provisions Relative to Section 16, Department of Correc tions. It is the intent of this General Assembly that chaplains, teachers and librarians be employed by contract for all correctional institutions opened after July 1, 1991.
Section 54. Provisions Relative to Section 18, State Board of Education - Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,647.07 In addition, all local school system allot ments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 18, funds are designated and committed for the purpose of Special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1992.
From the Appropriations in Section 18, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education.
In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
WEDNESDAY, FEBRUARY 27, 1991
1387
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 dur ing the student instructional day to each interdisciplinary team of teachers responsible for
instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service
Agencies (RESAs), funds will be allocated to each RESA for SPY 1992 on the basis of one eighteenth of the total appropriation for each Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of
Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each
anticipated member system to contribute at least the same equivalent amount during SFY 1992 that it contributed during SFY 1991.
It is intended that the electronic student information system is a component of the
statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information sys
tem and the electronic information network are considered to be for the same purpose. Local county school systems that have complied with the advance incentive funding
program shall have priority in future appropriations by the General Assembly for school
building construction in the advance incentive funding program.
Section 55. Provisions Relative to Section 23, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:
Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11
Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860
Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568
It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of each MH-MR-SA institution for fiscal year 1992 that was authorized in fiscal year 1987.
Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid funding.
Section 56. Provisions Relative to Section 29, Merit System of Personnel Administration. The Department is authorized to assess no more than $156.95 per merit system budgeted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for health insurance for State Fiscal Year 1992 shall not exceed ten and seven-tenths percent (10.70%).
1388
JOURNAL OF THE HOUSE,
Section 57. Provisions Relative to Section 30, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri ated in Section 30 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 30.
From the appropriation in Section 30 (Department of Natural Resources) relative to Environmental Facilities Grants, $1,000,000 shall be available for allotment to counties and municipalities for emergency-type water and sewer projects, and all other grants to local governments for water and sewer projects shall utilize a maximum State match of 50% of the total cost of each project. No allocation of funds for this purpose shall be made prior to the official approval thereof by the Board of Natural Resources.
To the extent that State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in Section 30, the Department of Natural Resources is authorized to use the excess receipts to provide for the most immediate criti cal needs of the Parks, Recreation and Historic Sites Division to include repairs and main tenance of State Parks and Historic Sites facilities.
Provided that of the $258,500 appropriated herein for Historic Preservation Grants, distribution thereof shall be pro rata among those Regional Planning Commissions which employ Preservation Planners as of July, 1990.
Section 58. Provisions Relative to Section 31, Department of Public Safety. Provided, it is the intent of this General Assembly that the Department of Public Safety not purchase any site for a commercial drivers license facility prior to obtaining an acceptable environmental impact study and a satisfactory compaction report.
Section 59. Provisions Relative to Section 34, Board of Regents, Univer sity System of Georgia. The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing health benefit reserves in amounts not to exceed twenty per cent of total benefit payments for the fiscal year to which this appropriations act applies. Such transfers shall not require approval of either the Office of Planning and Budget or the Fiscal Affairs Subcommittees.
The Board of Regents is authorized to continue development of quality - added pro grams and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 60. Provisions Relative to Section 40, Department of Technical and Adult Education None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing, constructing, or renovating an area vocationaltechnical school unless said school agrees to be governed by the State Board of Technical and Adult Education.
Section 61. Provisions Relative to Section 41, Department of Transpor tation. For this and all future general appropriations acts, it is the intent of this Gen eral 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 budget ary 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 pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 41 of this Bill, in the
WEDNESDAY, FEBRUARY 27, 1991
1389
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 sep arately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing department owned aircraft facilities may be retained for use in the department's aviation program.
It is the further intent of this General Assembly that of the $495,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assist ance Road Program.
Section 62. In addition to all other appropriations for the State fiscal year ending June 30, 1992, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; there is hereby appropriated $9,320,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($9,200,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the anticipated departmental annual remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 63. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 64. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicle in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 65. 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 effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
1390
JOURNAL OF THE HOUSE,
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncomplaince with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 66. 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 67. 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 68. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 69. No State funds in this appropriation shall be paid to or on behalf of Georgia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Tele communications Network either directly or indirectly.
Section 70. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated 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 insuffi cient to make the required payments in full, there shall be taken from other funds appro priated 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 appro priations.
Section 71. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1991 Regular Session, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatso ever 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
WEDNESDAY, FEBRUARY 27, 199!
1391
an annual report to the Appropriations Committees of the Senate and House of Represen tatives of all instances revealed in his audit in which the expendituies 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 appropria tions 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 suiti 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 i applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 72. Wherever in this Act the terms "Budget Unit Object Classes" or "Combined Object Classes For Section" are used, it shall mean that the object classifica tion 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 73. 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 74. Wherever in this Act the term "Austerity Factor" appears and is fol lowed by a negative number, the annual operating budget common object classes shall be reduced in an amount sufficient to eliminate such austerity factor.
Section 75. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby.
A.) Maturities not to exceed sixty months.
Minor construction and maintenance project for
correctional facilities Construction and equipping
of boot-camp facilities at Hancock, Washington and
Hays Correctional Institutes Equipping of boot-camp facility
in Mitchell, Lanier and Emmanuel Counties Major repairs and renovations at Board of Regents'
institutions
$
2,000,000 $
490,000
$
4,500,000 $
$
750,000 $
$
24,070,000 $
1,102,500 183,750
5,897,150
1392
JOURNAL OF THE HOUSE,
Major repairs and reno' va*-lons a*
various institutions f tne Department of Te- chnical and
Adult Education. . Purchase of instit^tional
equipment for -various institutions of the Depart"ment of Technical and Adu);TS(lucation
$
3,600,000 $
$
1,700,000 $
882,000 416,500
B ) Ma-*ur^'es nt * exceed two hundred forty months.
Acquisition of sites for correctional facilites in Wheeler, Early and Charlton Counties
Preparation of plans and specifications of prototype detention facility
Local school construction Construction of public
libraries Expansion of the wastewater
treatment plant at the Georgia Public Safety Training Center Construction of dikes and expansion of the spoilage area in Savannah Harbor Student physical activities center at the University of Georgia Residence halls at Georgia Tech Parking facility at Kennesaw State College Bookstore expansion at Kennesaw State College Parking facility at the University of Georgia
$
700,000 $
$
300,000 $
$
72,628,053 $
$
9,775,000 $
$
1,000,000 $
$
2,525,000 $
$
34,000,000 $
$
24,000,000 $
$
3,500,000 $
$
1,250,000 $
$
4,500,000 $
70,000
30,000 7,262,805
977,500
100,000
252,500
3,400,000 2,400,000
350,000 125,000 450,000
Section 76. Delayed Hiring Factor by Department. Dept. of Corrections "A"
20,172,438
Section 77. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1992.............................................................
7,900,000,000
Section 78. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 79. All laws and parts of laws in conflict with this Act are repealed.
The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 285, designating Representative Coleman of the 118th as Chairman thereof.
The Speaker called the House to order.
The Committee of the Whole arose and through its Chairman reported HB 285 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.
The Committee substitute was adopted.
WEDNESDAY, FEBRUARY 27, 1991
1393
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy
Y Adams Y Aiken
Y Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown N Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm
E Chambless Y Cheeks Y Childers Y Clark,E
Clark.H
Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cummings,M
Y Davis.G N Davis,M Y Dixon.H Y Dixon,S Y Dobbs
Dover YDunn Y Edwards Y Elliott
Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover
Y Hamilton Y Hammond Y Hanner Y Harris,B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D E Lane.R Y Langford Y Lawrence Y Lawson YLee YLong YLord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody
N Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston YPoag
Porter Y Poston
Powell,A Y Powell.C Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith.L
Y Smith,? Y Smith.T E Smith,W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley Y Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Thomas.M
Y Thomas.N Y Thurmond Y Titus
Y Tolbert Townsend
Y Turnquest
Y Twiggs Y Valenti
Y Vaughan Y Walker.J Y Walker.L Y Wall Y Ware Y Watson Y Watts
White Y Wilder
Y Williams.B Williams,J
Y Williams.R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 153, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
By unanimous consent, HB 285, by substitute, was ordered immediately transmitted to the Senate.
Representatives Clark of the 13th, McKinney of the 35th, Powell of the 13th, Reaves of the 147th and Thomas of the 31st stated that they had been called from the floor of the House during the preceding roll call. They would like to be recorded as voting "aye" thereon.
Representative Poston of the 2nd moved that the following Bill of the House be taken from the table:
HB 227. By Representatives Poston of the 2nd, Dunn of the 73rd, Thurmond of the 67th, Parrish of the 109th, Walker of the 115th and others:
A bill to amend Article 9 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to regulation of gasoline marketing practices, so as to prohibit a refiner, producer, or manufacturer of automotive gasoline from opening and from directly or indirectly operating a retail service station for the retail sale of gasoline.
1394
JOURNAL OF THE HOUSE,
On the motion, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams N Aiken N Alford N Atkins N Baker Y Balkcom N Barfoot Y Bargeron Y Barnett,B N Barnett,M
N Beatty N Benefield Y Birdsong
Blitch N Bordeaux Y Bostick N Branch
Breedlove N Brooks
Brown Y Brush YBuck Y Buckner NByrd N Campbell N Canty
Carrell Carter Y Chafin E Chambless Y Cheeks N Childers N Clark.E Clark.H
Clark,L
N Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B
Cumminga.M Y Davis.G N Davis.M Y Dixon.H N Dixon,S
N Dobbs Dover
Y Dunn Y Edwards Y Elliott
Felton Y Fennel N Floyd,J.M Y Floyd,J.W
YFlynt Y Godbee Y Golden N Goodwin
Y Green Y Greene Y Griffin Y Groover Y Hamilton N Hammond Y Hanner Y Harris,B Y Harris.J Y Heard N Henson
Y Herbert
N Hightower Y Holland N Holmes N Howard N Hudson NIrwin Y Jackson
Jamieson N Jenkins N Jones Y Kilgore
YKing Y Kingston N Klein NLadd Y Lane.D E Lane.R N Langford N Lawrence Y Lawson YLee
Long Lord N Lucas Lupton NMann N Martin N McCoy N McKelvey N McKinney.B N McKinney.C N Meadows N Merritt
Y Milam N Mills
On the motion, the ayes were 69, nays 77. The motion was lost.
N Mobley N Moody N Morsberger Y Moultrie N Mueller N Oliver.C N 01iver,M YOrr
Orrock Y Padgett
Y Parham Y Parrish
Patten N Pelote Y Perry Y Pettit
Pinholster Y Pinkston
Poag
Porter Y Poston
Powell.A Y Powell.C Y Purcell
Y Randall N Ray
Reaves Redding Y Ricketson Royal Y Selman N Sherrill Simpson N Sinkfield Y Skipper N Smith.L
N Smith.P N Smith.T E Smith,W Y Smyre NSnow N Stancil.F N Stantil.S
Stanley N Stephens N Streat N Taylor N Teper N Thomas.C Y Thomas.M N Thomas.N
Thurmond N Titus N Tolbert
Townsend N Turnquest
Y Twiggs N Valenti N Vaughan Y WaIker,J Y Walker.L N Wall
N Ware Y Watson N Watts
White N Wilder N Williams.B
Williams ,J Y Williams.R Y Yeargin
Murphy.Spkr
Due to u possible conflict of interest, Representative Royal of the 144th was excused from voting on HB 227.
Representative Poag of the 3rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:
HB 572. By Representatives Davis of the 29th, McKinney of the 35th, Holmes of the 28th, Sinkfield of the 37th and Stanley of the 33rd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, so as to create the office of senior judge of the juvenile court.
The following Committee substitute was read and adopted:
A BILL
To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to create the office of senior judge of
WEDNESDAY, FEBRUARY 27, 1991
1395
the juvenile court; to provide for qualifications, service, appointment, tenure of service, manner of appointment, and emoluments of senior judges of the juvenile court; to provide for the Council of Juvenile Court Judges to keep records; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, is amended by adding at the end of Code Sec tion 15-11-3.1, relating to appointment of juvenile court judges, new subsections (c), (d), (e), (f), and (g) to read as follows:
"(c) Any judge who has been regularly appointed to the office of judge of the juve nile court in this state who has qualified for and is receiving a pension for services as judge of the juvenile court, whether the pension is from a state or county retirement plan, is designated senior judge of the juvenile court. The senior judge of the juvenile court shall have jurisdiction and may be appointed to preside over such matters as he would have been eligible for appointment as a regularly appointed judge of the juvenile court.
(d) Appointment of a senior judge as provided for in this Code section as to service, manner of appointment, and payment for services shall be in all respects the same as for a senior judge of the superior courts of the state except that the appointment shall be made by the chief judge of the juvenile court in which he or she is to serve.
(e) A senior judge of the juvenile court may be appointed to service to hear and decide any case or cases for a time certain specified by an order of appointment in writ ing signed by the judge of a juvenile court having jurisdiction of the case or cases. Pay ment for services to the senior judge appointed by the juvenile court shall be paid out of the general funds of the county in which the juvenile court is located.
(f) Services, as provided in this Code section, by a senior judge of the juvenile court shall not qualify the judge for additional credit on a state or county retirement fund.
(g) The Council of Juvenile Court Judges of the state shall keep a register of senior judges qualified for appointment to service. All orders of appointment to service of a senior judge of the juvenile court shall by copy be forwarded to the offices of the council immediately upon execution for recording by the Council of Juvenile Court Judges."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford
Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron N Bamett.B Y Barnett.M Y Bates Y Beatty Y Benefield YBirdsong
Blitch
Y Bordeaux Y Bostick
Y Branch Y Breedlove Y Brooks Y Brown
Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell
Carter Y Chafin E Chambless Y Cheeks Y Childers
Y Clark,E Clark.H
Clark.L Y Coker Y Coleman N Coiwell
Y Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis,M Y Dixon.H Y Dixon.S N Dobbs
Dover Dunn Y Edwards
Y Elliott Y Felton
Y Fennel Floyd,J.M
Y Floyd,J.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J
Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson Y Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd
Y Lane,D E Lane.R
1396
JOURNAL OF THE HOUSE,
Y Langford Y Lawrence Y Lawson
Lee Long YLord Y Lucas Lupton YMann Y Martin McCoy Y McKelvey McKinney.B Y McKinney.C Y Meadows Y Merritt Milam
Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Olivfer.C Y 01iv4r,M YDrr'
Y'pSJett
YVarrish Patten
Y Pelote Y Perry Y Pettit Y Pinholster Y Pinkston
YPoag Porter
Y Poston Powell,A
Y Powell,C Y Purcell Y Randall YRay
Reaves Redding Y Ricketson
Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith,L
Y Smith,P
Smith.T E Smith,W
Y Smyre YSnow Y Stancil,F
Y Stancil,S Stanley
Y Stephens
Y Streat Y Taylor
Teper Y Thomas.C Y Thomas.M Y Thomas.N
Thurmond Y Titus
Tolbert
Townsend Y Turnquest
Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware
Y Watson Y Watts
White Y Wilder Y Williams.B
Williams.J Y Williams.R Y Yeargin
Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 143, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Tolbert of the 58th stated that he had been called from the floor of
the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 488. By Representatives Holland of the 136th, Royal of the 144th and Lane of the 27th:
A bill to amend Chapter 8 of Title 50 of the Official Code of Georgia Anno tated, relating to the Department of Comniunity Affairs, so as to provide for development of facilities to encourage economic and civic development in less developed counties.
The following Committee substitute was read and withdrawn:
A BILL
To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for development of facilities to encourage economic and civic development in less developed counties; to provide a short title; to provide legislative findings; to provide definitions; to provide for facilities develop ment committees in less developed counties; to provide for the appointment and terms of members; to provide for the designation of such committees; to provide for duties of such committees; to provide for conflict resolution; to provide for the submission, review, and approval or disapproval of certain facilities development plans; to provide for the appro priation of funds; to provide for duties and responsibilities of certain county governing authorities; to provide for oversight; to provide for the development of certain facilities in less developed counties for economic and civic development; to provide for annual reports and accounting; to repeal conflicting laws; and for othel purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by inserting at the end thereof a new Article 9 to read as follows:
"ARTICLE 9
50-8-210. This article shall be known and may be cited as the 'Rural Facilities Eco nomic Development Act.'
WEDNESDAY, FEBRUARY 27, 1991
1397
50-8-211. The General Assembly finds that in recent years rural Georgia has under gone a severe economic recession. It is evident that an investment in the economic situa tion of the state's most distressed counties would result not only in an improvement in the quality of life for the citizens of those counties but also in the economic health of the entire state by increasing the state's total economic growth. There is a serious need in those less developed counties for jobs and for many fundamental community facilities which are essential to an improved quality of life and an equal opportunity for economic development. The facilities needs of each less developed county are individually specific and the citizens of each such community will as a part of the growth strategies program determine which needs are of most importance and worth to their community. Those economically distressed counties in many cases have exhausted all available funding resources in an attempt to help themselves but still do not have the economic ability to supply their facilities needs without substantial assistance from the state. It is there fore essential that the General Assembly provide funding assistance to make possible the construction of such facilities as each county may determine necessary, based on need, priorities, merit, and planning, to improve the quality of life and economic development in the most economically distressed counties of this state.
50-8-212. As used in this article, the term: (1) 'Board' means the Board of Community Affairs. (2) 'Commissioner' means the commissioner of community affairs. (3) 'Comprehensive plan' means any plan by a county or municipality relating to
the facilities needs of such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans established by the department in accord ance with Article 1 of this chapter.
(4) 'Conflict' means any conflict, dispute, or inconsistency relating to a local plan or to the priority of the facilities needs in a local plan arising within a facilities devel opment committee created pursuant to this article.
(5) 'Department' means the Department of Community Affairs. (6) 'Facility' or 'facilities' means a capital improvement designed to assist the less developed county in economic development. (7) 'Less developed county' means any county designated pursuant to Code Section 50-8-213. Any area so designated shall, for the purposes of this article, be considered a less developed area for a period of not less than ten years. (8) 'Local plan' means the plan of any less developed county and the municipali ties lying therein which plan consolidates and prioritizes the facilities needs contained in the various comprehensive plans of the less developed county and the municipali ties lying therein. (9) 'Regional development center' means a regional development center created pursuant to the provisions of Article 2 of this chapter. 50-8-213. (a) Not later than July 1, 1992, using the most current data available from the Department of Labor and the United States Department of Commerce, the commis sioner shall rank and designate as less developed counties the lower 25 percent of all counties in this state using a combination of the following factors: (1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available; and (4) Average weekly manufacturing wage according to the most recent data availa ble. (b) The commissioner shall be authorized to include in the designation provided for in subsection (a) of this Code section any county which, in the opinion of the commis sioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a less developed area. 50-8-214. (a) There is created in each less developed county a facilities development committee to be composed as follows:
1398
JOURNAL OF THE HOUSE,
(1) Three members appointed by the governing authority of the less developed county, one who is a member of such authority, and one who is from the private sector, and one who may but need not serve in the county government who shall serve as chairman of the committee; and
(2) Two members appointed by the governing authority of each municipality lying within the less developed county, one who is a member of such authority and one who is from the private sector. (b) All members shall reside within the less developed county or the municipality from which they are appointed and shall serve without compensation. (c) Members shall serve terms of four years and may be reappointed. 50-8-215. (a) Each facilities development committee shall be known by the name of the county followed by the words 'Facilities Development Committee.' (b) The commissioner shall establish policies and procedures by rule or regulation for the facilities development committees necessary for said committees to perform the duties provided by this article. (c) Each regional development center within which a less developed county lies is authorized and directed to assist the facilities development committee in the develop ment of a local plan.
50-8-216. (a) Each facilities development committee, in conjunction with the regional development center in which the less developed county is located, shall review the comprehensive plans for facilities needs prepared by the less developed county and each municipality lying therein pursuant to the provisions of Article 2 of this chapter and shall consolidate such comprehensive plans and prepare a local plan which prioritizes the combined facilities needs contained in each comprehensive plan. Such local plan may be amended from time to time pursuant to procedures established pursu ant to subsection (b) of Code Section 50-8-215 to change the priorities or add new facili ties, provided that such priorities may not be changed more often than once in any two-year period; provided, further, that the priority of any facility for which a grant has been commenced may not thereafter be changed. No facility shall be added to a local plan unless it has previously been made a part of the comprehensive plan of either the less developed county or a municipality lying therein pursuant to Article 2 of this chap ter.
(b) Not later than the first day of July of the year following its creation, each facili ties development committee shall provide the commissioner with the local plan of facil ity development developed pursuant to subsection (a) of this Code section.
50-8-217. In the event any conflict arises in or with the facilities development com mittee in the preparation and submission of a local plan, such conflict shall be resolved by the department in the manner provided by subsection (d) of Code Section 50-8-7.1.
50-8-218. No less developed county shall be eligible to receive a grant pursuant to this article until a local plan has been submitted. The commissioner shall provide by rule or regulation for the submission of local plans and the administration of grant applications and shall establish criteria for the types of facilities which would qualify for a grant under this article; provided, however, that such criteria shall realistically reflect the diverse facility needs of the various less developed counties for economic develop ment. The commissioner shall submit such criteria to the General Assembly at the next regular session following July 1, 1991, and such criteria shall become effective only when ratified by joint resolution of the General Assembly. The power of the commissioner to promulgate such criteria shall be deemed to be dependent upon such ratification.
50-8-219. (a) The commissioner shall review each plan to determine compliance with the criteria established pursuant to Code Section 50-8-218 and within 30 days from the date of submission of the plan shall approve or disapprove such plan. If the commis sioner disapproves any plan, he shall provide a detailed reason for such recommendation and may suggest such changes to the plan as he deems appropriate.
(b) Any county may apply to the board for review of a disapproved plan. The board shall review each such plan and, within 30 days from the date of receipt of the commis sioner's recommendation, shall either approve or disapprove the plan. If the plan is dis approved, the board shall provide the facilities development committee with a detailed
WEDNESDAY, FEBRUARY 27, 1991
1399
reason for such disapproval and may suggest such changes to the plan as would result in the approval of the plan.
50-8-220. (a) Each less developed county shall be entitled to receive from the state matching grants in an equal amount pursuant to this article for the implementation of all or part of its local plan of facilities development as approved by the board in the order of priority as established in its local plan, subject to the provisions of Code Sec tion 50-8-222 and subject to the availability of funds appropriated by the General Assembly for such grants.
(b) The governing authority of the less developed county shall be responsible for receiving such funds, which it shall maintain separate from all other county funds, and shall be responsible for implementing the plan of development.
(c) The governing authority of the less developed county shall be authorized to per form all functions necessary to implement the local plan of facilities development includ ing, without limitation, purchasing or leasing property and entering into such contracts as may be necessary for such purpose.
(d) The funds granted pursuant to this Code section may be used as received or in conjunction with funds from any other available source, and they may be used in con junction with any leasing authority granted to the less developed county or in conjunc tion with any revolving loan fund or both.
50-8-221. Each facilities development committee shall have oversight authority of each local plan of facilities development, and the governing authority of the less devel oped county shall submit annually to the department a detailed written progress report and full accounting of receipts and expenditures.
50-8-222. (a) The department shall direct the distribution of any appropriated funds to the governing authority of the less developed county, as provided in Code Sec tion 50-8-220; provided, however, that the less developed county and the municipalities within the less developed counties shall annually match any appropriated funds in a ratio of $1.00 local funds for every $9.00 appropriated funds.
(b) The commissioner shall consolidate the annual progress reports and accounting of funds submitted by the facilities development committees and submit a consolidated report and accounting to the General Assembly not later than December 31 of each year."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Holland of the 136th, et al., was read and adopted:
A BILL
To amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to provide for development of facilities to encourage economic and civic development in less developed counties; to provide a short title; to provide legislative findings; to provide definitions; to provide for facilities develop ment committees in less developed counties; to provide for the appointment and terms of members; to provide for the designation of such committees; to provide for duties of such committees; to provide for conflict resolution; to provide for the submission, review, and approval or disapproval of certain facilities development plans; to provide for the appro priation of funds; to provide for duties and responsibilities of certain county governing authorities; to provide for oversight; to provide for the development of certain facilities in less developed counties for economic and civic development; to provide for annual reports and accounting; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by inserting at the end thereof a new Article 9 to read as follows:
1400
JOURNAL OF THE HOUSE,
"ARTICLE 9
50-8-210. This article shall be known and may be cited as the 'Rural Facilities Eco nomic Development Act.'
50-8-211. The General Assembly finds that in recent years rural Georgia has under gone a severe economic recession. It is evident that an investment in the economic situa tion of the state's most distressed counties would result not only in an improvement in the quality of life for the citizens of those counties but also in the economic health of the entire state by increasing the state's total economic growth. There is a serious need in those less developed counties for jobs and for many fundamental community facilities which are essential to an improved quality of life and an equal opportunity for economic development. The facilities needs of each less developed county are individually specific and the citizens of each such community will as a part of the growth strategies program determine which needs are of most importance and worth to their community. Those economically distressed counties in many cases have exhausted all available funding resources in an attempt to help themselves but still do not have the economic ability to supply their facilities needs without substantial assistance from the state. It is there fore essential that the General Assembly provide funding assistance to make possible the construction of such facilities as each county may determine necessary, based on need, priorities, merit, and planning, to improve the quality of life and economic development in the most economically distressed counties of this state.
50-8-212. As used in this article, the term: (1) 'Board' means the Board of Community Affairs. (2) 'Commissioner' means the commissioner of community affairs. (3) 'Comprehensive plan' means any plan by a county or municipality relating to
the facilities needs of such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans established by the department in accord ance with Article 1 of this chapter.
(4) 'Conflict' means any conflict, dispute, or inconsistency relating to a local plan or to the priority of the facilities needs in a local plan arising within a facilities devel opment committee created pursuant to this article.
(5) 'Department' means the Department of Community Affairs. (6) 'Facility' or 'facilities' means a capital improvement designed to assist the less developed county in economic development including, but not limited to, the areas of transportation networks; water supply and treatment, sewer, waste-water treatment, and solid waste disposal facilities; public safety, fire protection, and emergency medi cal services; recreational, general government, and educational facilities; and libraries and other cultural structures. (7) 'Less developed county' means any county designated pursuant to Code Section 50-8-213. Any area so designated shall, for the purposes of this article, be considered a less developed area for a period of not less than ten years. (8) 'Local plan' means the plan of any less developed county and the municipali ties lying therein which plan consolidates and prioritizes the facilities needs contained in the various comprehensive plans of the less developed county and the municipali ties lying therein. (9) 'Regional development center' means a regional development center created pursuant to the provisions of Article 2 of this chapter. 50-8-213. (a) Not later than July 1, 1992, using the most current data available from the Department of Labor and the United States Department of Commerce, the commis sioner shall rank and designate as less developed counties the lower 25 percent of all counties in this state using a combination of the following factors: (1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available; and (4) Average weekly manufacturing wage according to the most recent data availa ble.
WEDNESDAY, FEBRUARY 27, 1991
1401
(b) The commissioner shall be authorized to include in the designation provided for in subsection (a) of this Code section any county which, in the opinion of the commis sioner of community affairs, undergoes a sudden and severe period of economic distress caused by the closing of one or more business enterprises located in such county. No designation made pursuant to this subsection shall operate to displace or remove any other county previously designated as a less developed area.
50-8-214. (a) There is created in each less developed county a facilities development committee to be composed as follows:
(1) Three members appointed by the governing authority of the less developed county, one who is a member of such authority, and one who is from the private sector, and one who may but need not serve in the county government who shall serve as chairman of the committee; and
(2) Two members appointed by the governing authority of each municipality lying within the less developed county, one who is a member of such authority and one who is from the private sector. (b) All members shall reside within the less developed county or the municipality from which they are appointed and shall serve without compensation.
(c) Members shall serve terms of four years and may be reappointed. 50-8-215. (a) Each facilities development committee shall be known by the name of the county followed by the words 'Facilities Development Committee.' (b) The commissioner shall establish policies and procedures by rule or regulation for the facilities development committees necessary for said committees to perform the
duties provided by this article. (c) Each regional development center within which a less developed county lies is
authorized and directed to assist the facilities development committee in the develop
ment of a local plan. 50-8-216. (a) Each facilities development committee, in conjunction with the
regional development center in which the less developed county is located, shall review the comprehensive plans for facilities needs prepared by the less developed county and each municipality lying therein pursuant to the provisions of Article 2 of this chapter
and shall consolidate such comprehensive plans and prepare a local plan which prioritizes the combined facilities needs contained in each comprehensive plan. Such
local plan may be amended from time to time pursuant to procedures established pursu ant to subsection (b) of Code Section 50-8-215 to change the priorities or add new facili
ties. No facility shall be added to a local plan unless it has previously been made a part of the comprehensive plan of either the less developed county or a municipality lying
therein pursuant to Article 2 of this chapter. (b) Not later than the first day of July of the year following its creation, each facili
ties development committee shall provide the commissioner with the local plan of facil
ity development developed pursuant to subsection (a) of this Code section. 50-8-217. In the event any conflict arises in or with the facilities development com
mittee in the preparation and submission of a local plan, such conflict shall be resolved by the department in the manner provided by subsection (d) of Code Section 50-8-7.1.
50-8-218. No less developed county shall be eligible to receive a grant pursuant to this article until a local plan has been submitted. The commissioner shall provide by
rule or regulation for the submission of local plans and the administration of grant applications and shall establish criteria for the types of facilities which would qualify for a grant under this article; provided, however, that such criteria shall realistically reflect
the diverse facility needs of the various less developed counties for economic develop
ment. The commissioner shall submit such criteria to the General Assembly at the next regular session following July 1, 1991, and such criteria shall become effective only when
ratified by joint resolution of the General Assembly. The power of the commissioner to promulgate such criteria shall be deemed to be dependent upon such ratification.
50-8-219. (a) The commissioner shall review each plan to determine compliance
with the criteria established pursuant to Code Section 50-8-218 and within 30 days from the date of submission of the plan shall approve or disapprove such plan. If the commis
sioner disapproves any plan, he shall provide a detailed reason for such recommendation
and may suggest such changes to the plan as he deems appropriate.
1402
JOURNAL OF THE HOUSE,
(b) Any county may apply to the board for review of a disapproved plan. The board shall review each such plan and, within 30 days from the date of receipt of the commis sioner's recommendation, shall either approve or disapprove the plan. If the plan is dis approved, the board shall provide the facilities development committee with a detailed reason for such disapproval and may suggest such changes to the plan as would result in the approval of the plan.
50-8-220. (a) Each less developed county shall be entitled to receive from the state matching grants in an equal amount pursuant to this article for the implementation of all or part of its local plan of facilities development as approved by the board in the order of priority as established in its local plan, subject to the provisions of Code Sec tion 50-8-222 and subject to the availability of funds appropriated by the General Assembly for such grants.
(b) The governing authority of the less developed county shall be responsible for receiving such funds, which it shall maintain separate from all other county funds, and shall be responsible for implementing the plan of development.
(c) The governing authority of the less developed county shall be authorized to per form all functions necessary to implement the local plan of facilities development includ ing, without limitation, purchasing or leasing property and entering into such contracts as may be necessary for such purpose.
(d) The funds granted pursuant to this Code section may be used as received or in conjunction with funds from any other available source, and they may be used in con junction with any leasing authority granted to the less developed county or in conjunc tion with any revolving loan fund, or both, and may be used as matching funds for any federal or state grant.
50-8-221. Each facilities development committee shall have oversight authority of each local plan of facilities development, and the governing authority of the less devel oped county shall submit annually to the department a detailed written progress report and full accounting of receipts and expenditures.
50-8-222. (a) The department shall direct the distribution of any appropriated funds to the governing authority of the less developed county, as provided in Code Sec tion 50-8-220; provided, however, that the less developed county and the municipalities within the less developed counties shall annually match any appropriated funds in a ratio of $1.00 local funds for every $9.00 appropriated funds.
(b) The commissioner shall consolidate the annual progress reports and accounting of funds submitted by the facilities development committees and submit a consolidated report and accounting to the General Assembly not later than December 31 of each year."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong
Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell Y Canty Y Carrell Y Carter
Y Chafin E Chambless Y Cheeks Y Childers Y Clark,E
Clark.H Clark,L Y Coker Y Coleman Y Colwell Y Connell Y Culbreth Y Cummings.B Cummings,M Y Davis,G
Y Davis.M Dixon.H
Y Dixon,S Y Dobbs Y Dover
Dunn Y Edwards
Elliott Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Y Godbee Y Golden
Y Goodwin Y Green Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Hanner Y Harris.B Y Harris.J Y Heard Y Henson Y Herbert Y Hightower
Y Holland
WEDNESDAY, FEBRUARY 27, 1991
1403
Y Holmes Howard
Y Hudson Ylrwin
Y Jackson Jamieson
Y Jenkins Y Jones Y Kilgore YKing
Y Kingston Y Klein YLadd
Y Lane,D E Lane.R
Y Langford Y Lawrence Y Lawson YLee
Long YLord
Y Lucas Lupton
YMann Y Martin
Y McCoy Y McKelvey
McKinney,B McKinney.C Y Meadows Y Merritt Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller
Oliver.C Y Oliver.M YOrr
Orrock
Y Padgett
Y Parham
Y Parrish
Patten Y Pelote
Y Perry
Y Pettit Pinholster
Y Pinkston
YPoag Y Porter
Poston Powell,A
Y Powell.C Y Purcell Y Randall YRay Y Reaves
Redding Ricketson
Y Royal
Y Selman Y Sherrill Y Simpson
Y Sinkfield Y Skipper
Y Smith,L Y Smith,P
Smith,T E Smith.W
Y Smyre YSnow Y Stancil,F Y Stancil.S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thomas.M Y Thomas.N
Y Thurmond Y Titus Y Tolbert
Townsend Turnquest Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker,L Y Wall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 148, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
The Speaker Pro Tern assumed the Chair.
HB 574. By Representatives Ricketson of the 82nd, Griffin of the 6th and Barnett of the 10th:
A bill to amend Article 5 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to offenses regarding motor vehicle certificates of title, security interests, and liens, so as to provide that the false reporting of the theft or conversion of a vehicle shall be a felony offense.
The following amendment was read and adopted:
The Committee on Motor Vehicles moves to amend HB 574 by striking from line 6 of page 1 the following:
"felony offense", and inserting in lieu thereof the following:
"misdemeanors of a high and aggravated nature". By striking from lines 19 and 20 of page 1 the following: "misdemeanor felony", and inserting in lieu thereof the following: "misdemeanor of a high and aggravated nature".
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken
Alford Y Atkins Y Baker
Y Balkcom Y Barfoot Y Bargeron
Y Barnett.B Y Barnett,M
Y Bates
Y Beatty Benefield
Y Birdsong
1404
JOURNAL OF THE HOUSE,
Blitch Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Brown Y Brush YBuck Y Buckner YByrd
Y Campbell Y Canty Y Carrell
Y Carter Chafin
E Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H
Clark,L Y Coker Y Coleman Y Colwell
Connell Y Culbreth Y Cummings.B
Cummings.M Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S
YDobbs Y Dover
Dunn Y Edwards Y EUiott
Felton Y Fennel Y FloydJ.M Y Floyd,J.W YFlynt Y Godbee Y Golden YGoodwin Y Green Y Greene Y Griffin Y Groover
Hamilton Y Hammond Y Hanner Y Harris.B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson Ylrwin Y Jackson
Jamieson
Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y Lane.D E Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas
Lupton YMann Y Martin YMcCoy Y McKelvey
McKinney,B Y McKinney.C Y Meadows Y Merritt YMilam Y Mills Y Mobley Y Moody
Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y 01iver,M YOrr
Orrock
Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry
Y Pettit Y Pinholster
Pinkston YPoag Y Porter
Poston Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Skipper Smith,L Y Smith.P Smith.T E Smith,W
YSmyre Y Snow Y Stancil,F Y Stancil,S Y Stanley
Stephens Y Streat Y Taylor Y Teper
Y Thomas.C Y Thomas,M Y Thomas.N Y Thurmond Y Titus
Tolbert Townsend Turnquest Twiggs Y Valenti
Y Vaughan Y Walker,J Y Walker.L Y Wall Y Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy,Spkr
On the passage of the Bill, as amended, the ayes were 144, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Representative Tolbert of the 58th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 402. By Representative Aiken of the 21st:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the protection and preservation of certain cemeteries and burial grounds; to repeal Code Section 36-60-6, relat ing to the disturbing of a burial place in land development.
The following Committee substitute was read:
A BILL
To amend Title 36 of the Official Code of Georgia Annotated, relating to local govern ment, so as to provide for the protection and preservation of certain cemeteries and burial grounds; to repeal Code Section 36-60-6, relating to the disturbing of a burial place in land development; to repeal Code Section 36-60-6.1, relating to the preservation and protection of abandoned or unmaintained cemeteries; to provide a statement of policy; to define cer tain terms; to authorize local governing authorities to preserve and protect certain ceme teries and burial grounds; to provide that no cemetery or burial ground shall be disturbed unless a permit is first obtained from the local government wherein such cemetery or bur ial ground is located; to provide for matters relative to an application for such permit; to provide for notification of certain persons; to provide conditions for the granting of such permit; to provide for arbitration and appeal; to provide for certain inspections for compli ance; to provide for certain boards and commissions; to provide for certain financial
WEDNESDAY, FEBRUARY 27, 1991
1405
responsibilities; to provide for penalties for violations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 36 of the Official Code of Georgia Annotated, relating to local gov ernment, is amended by striking in its entirety Code Section 36-60-6, relating to the dis turbing of a burial place in land development, which reads as follows:
"36-60-6. (a) No known burial place of any human remains shall be knowingly dis turbed by the owner or owners of the land for the purposes of developing or changing the use of any land unless a permit is first obtained from the governing authority of the municipal corporation or county wherein the burial place is located or from the superior court of the county where the burial place is located. The governing authority or supe rior court shall not issue a permit unless it first reviews the plans of the applicant for the permit for the proper reinterment of the remains in order to determine that suitable arrangements for reinterment have been made and that proper reinterment will be accomplished. If the governing authority or superior court does not believe that the plans are adequate to ensure proper reinterment, no permit shall be issued.
(b) Any person who knowingly fails to comply with subsection (a) of this Code sec tion shall be guilty of a misdemeanor and shall pay a fine of $1,000.00 per grave dis turbed.", and inserting in lieu thereof the following:
"36-60-6. Reserved."
Section 2. Said title is further amended by striking in its entirety Code Section 36-60-6.1, relating to the preservation and protection of abandoned or unmaintained ceme teries, which reads as follows:
"36-60-6.1. (a) As used in this Code section, the term 'preserve and protect' means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery and so as to aid in the preservation and protection of such abandoned cemetery.
(b) Counties or municipalities are authorized to preserve and protect any cemetery which the county or municipality determines has been abandoned or is not being main tained and to expend public money in connection therewith."
Section 3. Said title is further amended by inserting immediately following Chapter 71 a new Chapter 72 to read as follows:
"CHAPTER 72
36-72-1. (a) The care accorded the remains of deceased persons reflects respect and regard for human dignity as well as cultural, spiritual, and religious values. The General Assembly declares that human remains and burial objects are not property to be owned by the person or entity which owns the land or water where the human remains and burial objects are interred or discovered, but human remains and burial objects are a part of the finite, irreplaceable, and nonrenewable cultural heritage of the people of Georgia which should be protected.
(b) It is the intent of the General Assembly that the provisions of this chapter be construed to require respectful treatment of human remains in accord with the equal and innate dignity of every human being and consistent with the identifiable ethnic, cul tural, and religious affiliation of the deceased individual as indicated by the method of burial or other historical evidence or reliable information.
36-72-2. As used in this chapter, the term: (1) 'Abandoned cemetery' means a cemetery which shows signs of neglect includ
ing, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery.
1406
JOURNAL OF THE HOUSE,
(2) 'Archeologist' means any person who is: (A) A member of or meets the criteria for membership in the Society of Profes
sional Archaeologists and can demonstrate experience in the excavation and inter pretation of human graves; or
(B) Employed on July 1, 1991, by the state or by any county or municipal gov erning authority as an archeologist. (3) 'Burial ground' means an area dedicated to and used for interment of human remains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes. (4) 'Burial object' means any item reasonably believed to have been intentionally placed with the human remains at the time of burial or interment or any memorial, tombstone, grave marker, or shrine which may have been added subsequent to inter ment. Such term also means any inscribed or uninscribed marker, coping, curbing, enclosure, fencing, pavement, shelter, wall, stoneware, pottery, or other grave object erected or deposited incident to or subsequent to interment. (5) 'Cemetery' or 'cemeteries' means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains. It may be either a burial park for earth interments or a mausoleum for vault or crypt interments or a combination of one or more thereof.
(6) 'Descendant' means a person or group of persons related to a deceased human by blood or adoption in accordance with Title 19.
(7) 'Genealogist' means a person who traces or studies the descent of persons or families and prepares a probative record of such descent.
(8) 'Human remains' means the bodies of deceased human beings in any stage of decomposition, including cremated remains.
(9) 'Preserve and protect' means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such
appropriate features so as to identify the site as a cemetery or burial ground and so as to aid in the preservation and protection of such cemetery or burial ground. 36-72-3. Counties and municipalities are authorized to preserve and protect any
abandoned cemetery or any burial ground which the county or municipality determines has been abandoned or is not being maintained, to expend public money in connection therewith and to exercise the power of eminent domain to acquire any interest in land
necessary for that purpose. 36-72-4. (a) No known cemetery, burial ground, human remains, or burial object
shall be knowingly disturbed by the owner or occupier of the land on which the ceme tery or burial ground is located for the purposes of developing or changing the use of
any part of such land unless a permit is first obtained from the governing authority of the municipal corporation or county wherein the cemetery or burial ground is located, which shall have authority to permit such activity except as provided in Code Section 36-72-13.
36-72-5. Application for a permit shall include, at a minimum, the following informa tion:
(1) Evidence of ownership of the land on which the cemetery or burial ground is located in the form of a legal opinion based upon a title search;
(2) A report prepared by an archeologist stating the number of graves believed to be present and their locations as can be determined from the use of minimally
invasive investigation techniques, including remote sensing methods and the use of metal probes, which activities shall not require a permit;
(3) A survey prepared by a registered surveyor showing the location and bounda ries of the cemetery or burial ground based on an archeologist's report;
(4) A plan prepared by a genealogist for identifying and notifying the descendants of those buried or believed to be buried in such cemetery; and
(5) A proposal for mitigation or avoidance of the effects of the planned activity on
the cemetery or burial ground. If the proposal includes relocation of any human remains or burial objects, the proposal shall specify the method of disinterment, the
location and method of disposition of the remains, the approximate cost of the pro cess, and the approximate number of graves affected.
WEDNESDAY, FEBRUARY 27, 1991
1407
36-72-6. The applicant shall implement its plan for identifying and locating descend ants no later than the date the application is submitted to the governing authority. The governing authority shall review the applicant's plan for identifying and notifying the descendants of the deceased persons and may require as a condition for issuing a permit that the applicant implement additional reasonable attempts to identify and locate descendants. Notice to possible descendants shall include information on how to contact the governing authority and a summary of the rights of descendants under this chapter. The governing authority shall promptly inform any descendant who indicates an interest in the disposition of the human remains and burial objects regarding any proposals for mitigation, the terms of any permit issued, the time and place of any scheduled public hearings, arbitration procedures and events, and appeal procedures and events.
36-72-7. Within 15 days after it is satisfied that all reasonable effort has been made to notify descendants, as provided in Code Section 36-72-6, and following receipt of the recommendations of a board or commission created pursuant to Code Section 36-72-9, the governing authority shall schedule a public hearing at which any interested party or citizen may appear and be given an opportunity to be heard. In addition to the notice required in Code Section 36-72-6, notice of the public hearing shall be advertised in the legal organ of the jurisdiction once a week for the two consecutive weeks immediately preceeding the week in which any such hearing is held.
(b) Within 30 days after the conclusion of the public hearing, the governing author ity shall notify the applicant in writing of its decision. The governing authority shall have the authority to deny the application with written reasons therefor, to issue a per mit adopting the application in whole or in part, or to issue a permit which may include additional requirements to mitigate the proposed activity's adverse effects on the ceme tery or burial ground, including but not limited to relocation of the proposed project, reservation of the cemetery or burial ground as an undeveloped area within the proposed development or use of land, and respectful disinterment and proper disposition of the human remains. The governing authority may adopt the applicant's proposal for mitiga tion.
36-72-8. The governing authority shall consider the following in making its determi nation:
(1) The presumption in favor of leaving the cemetery or burial ground undis turbed;
(2) The concerns and comments of any descendants of those buried in the burial ground or cemetery and any other interested parties;
(3) The economic and other costs of mitigation;
(4) The adequacy of the applicant's plans for disinterment and proper disposition of any human remains or burial objects;
(5) The balancing of the applicant's interest in disinterment with the public's and any descendant's interest in the value of the undisturbed cultural and natural environ ment; and
(6) Any other compelling factors which the governing authority deems relevant.
36-72-9. (a) The governing authority of any county whose population is in excess of 290,000 as established by the United States decennial census of 1980 or any such future census shall be authorized to establish or empower a new or existing commission or board to hear and review any application filed pursuant to Code Section 36-72-5. The board or commission shall conduct a public hearing within 60 days of the filing of an application and shall make a written recommendation to the governing authority no later than 15 days following the public hearing with respect to the sufficiency of the notice to descendants, the plan for mitigation, the disturbance and adverse effects on the cemetery or burial ground, the survey of the cemetery, and plans for disinterment and reinterment.
(b) The governing authority shall be authorized to impose an application fee which shall reflect the cost to the governing authority for processing and reviewing the applica tion including, but not limited to, the cost of hiring an attorney, independent archeologist, and independent surveyor to assist in making recommendations regarding the applicant's plan. Such fee, if imposed, shall not exceed $2,500.00.
1408
JOURNAL OF THE HOUSE,
31-72-10. Any person, including any citizen of the county or municipality in which the cemetery or burial ground is located, dissatisfied by the permit issued by the govern ing authority may request arbitration within five days of the issuance of the permit. The request for arbitration shall be in writing and shall name one arbitrator. The governing authority shall immediately provide a copy of the request for arbitration to the land owner, descendants, and other interested parties. The governing authority shall choose the second arbitrator; and the two arbitrators thus chosen shall choose a third arbitra tor. In the event that more than one person requests arbitration, the first arbitrator shall be the arbitrator chosen by a majority of such persons or, in the event of a tie, by the person whose written request for arbitration is the earliest received by the gov erning authority. After the third arbitrator is chosen, the three arbitrators shall deter mine whether additional arbitrators are necessary to represent adequately the interests of other parties. The arbitrators may confirm or modify the permit issued by the govern ing authority and shall issue their award within 30 days of the earliest written request for arbitration. The decision of the arbitrators is subject to judicial review in the same manner as contested cases are judicially reviewed under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The petition for review may be filed in the superior court of the county in which the cemetery or burial ground is located in addi tion to the superior courts enumerated in Code Section 50-13-19.
31-72-11. The landowner may begin or resume activities which comply with the per mit issued by the governing authority upon issuance of a permit but shall cease such activity upon notice of a request for arbitration. The landowner may begin or resume activities which comply with the permit as confirmed or modified by the arbitrators upon issuance of the decision of the arbitrators. Upon notice to the landowner of an appeal of the arbitrators' decision, the landowner may begin or resume activities which comply with the permit as confirmed or modified by the arbitrators only upon consent of the governing authority and the party seeking judicial review or upon order of the reviewing court for good cause shown.
36-72-12. The governing authority or local law enforcement agency shall inspect as necessary to determine whether the applicant has complied with the provisions of this chapter requiring cessation or limitation of activity and with the terms of the permit as issued by the governing authority or as modified by the arbitrators or reviewing court.
36-72-13. (a) Notwithstanding any provisions of this chapter to the contrary, when any agency, authority, or political subdivision of the state seeks to file an application for a permit under this chapter, the superior court having jurisdiction over the real property wherein the cemetery or burial ground is located shall have exclusive jurisdic tion over the permit application. The superior court shall conduct its investigation and determination of the permit in accordance with Code Sections 36-72-6 through 36-72-8.
(b) When activities of an agency, authority, or political subdivision of the state adversely affect an abandoned cemetery or a burial ground, such agency, authority, or political subdivision shall bear the cost of mitigating the harm to the abandoned ceme tery or burial ground or reinterring the human remains as a part of the cost of the project and is authorized to expend public funds for such purpose. When activities of a private person, corporation, or other private entity adversely affect an abandoned cem etery or a burial ground, such person, corporation, or other entity shall bear the cost of mitigating the harm to the cemetery or burial ground or reinterring the human remains. The cost of mitigating the harm to an abandoned cemetery or to a burial ground or reinterring the human remains exposed through vandalism by an unidentified vandal or through erosion shall be borne by the county in which the abandoned ceme tery or burial ground is located.
36-72-14. Any disinterment and disposition of human remains or burial objects per mitted under this chapter shall be supervised, monitored, or carried out by the appli cant's archeologist and shall be done at the expense of the person or entity to whom the permit is issued.
36-72-15. Any person who knowingly fails to comply with the provisions of this chap ter shall be guilty of a misdemeanor of a high and aggravated nature and, upon convic tion, shall pay a fine of not more than $5,000.00 for each grave site disturbed; provided,
WEDNESDAY, FEBRUARY 27, 1991
1409
however, that any person who knowingly violates the provisions of Code Section 36-72-4 shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be incarcerated for not more than six months and shall pay a fine not less than $5,000.00 for each grave site disturbed."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Aiken of the 21st and Groover of the 99th move to amend the Com mittee substitute to HB 402 by striking the words "arbitration and" on line 17 of page 1.
By striking from lines 21 through 34 of page 9 and lines 1 through 14 of page 10 the following:
"Any person, including any citizen of the county or municipality in which the ceme tery or burial ground is located, dissatisfied by the permit issued by the governing authority may request arbitration within five days of the issuance of the permit. The request for arbitration shall be in writing and shall name one arbitrator. The governing authority shall immediately provide a copy of the request for arbitration to the land owner, descendants, and other interested parties. The governing authority shall choose the second arbitrator; and the two arbitrators thus chosen shall choose a third arbitra tor. In the event that more than one person requests arbitration, the first arbitrator shall be the arbitrator chosen by a majority of such persons or, in the event of a tie, by the person whose written request for arbitration is the earliest received by the gov erning authority. After the third arbitrator is chosen, the three arbitrators shall deter mine whether additional arbitrators are necessary to represent adequately the interests of other parties. The arbitrators may confirm or modify the permit issued by the govern ing authority and shall issue their award within 30 days of the earliest written request for arbitration. The decision of the arbitrators is subject to judicial review in the same manner as contested cases are judicially reviewed under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The petition for review may be filed",
and inserting in lieu thereof the following:
"Should any applicant or descendant be dissatisfied with a decision of the governing authority, he may file an appeal".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken YAlford Y Atkins Y Baker YBalkcom Y Barfoot YBargeron Y Barnett,B Y Barnett.M
Y Bates Y Beatty Y Benefield YBirdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown
Y Brush Y Buck Y Buckner Y Byrd Y Campbell Y Canty Y Carrell Y Carter Y Chafm E Chambless Y Cheeks
Y Childere Y Clark.E Y Clark.H Y Clark,L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings,B Cummings.M
Y Davis.G Y Davis,M Y Dixon.H Y Dixon,S
Dobbs Y Dover Y Dunn Y Edwards Y Elliott Y Felton Y Fennel
1410
JOURNAL OF THE HOUSE,
Y Floyd,J.M Y Floyd,J.W Y Flynt Y Godbee Y Golden Y Goodwin Y Green Y Greene N Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B YHarris.J Y Heard Y Henson Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore Y King Y Kingston Y Klein Y Ladd Y Lane.D E Lane.R N Langford Y Lawrence Y Lawson Y Lee
Long Y Lord Y Lucas
Lupton Y Mann Y Martin Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows
Y Merritt Y Milam Y Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit Y Pinholster
Pinkston Y Poag Y Porter Y Poston Y Powell,A
Y Powell.C Y Purcell Y Randall Y Ray Y Reaves Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield Y Skipper Y Smith,L Y Smith.P
Smith.T E Smith,W Y Smyre Y Snow Y Stancil.F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor
Y Teper Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti Y Vaughan Y Walker,J Y Walker.L Y Wall
Ware Y Watson Y Watts Y White Y Wilder Y Williams.B
Williams,J Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
HB 602. By Representatives Skipper of the 116th, Walker of the 113th, Titus of the 143rd, Culbreth of the 97th and Mobley of the 64th:
A bill to amend Code Section 36-80-3 of the Official Code of Georgia Anno tated, relating to authorized investments of funds by the governing body of a municipality, county, school district, or other local government unit or political subdivision, so as to authorize the investment of municipal risk management and self-insurance funds in investments which are legal for domestic insurers.
The following amendment was read and withdrawn:
The State Planning and Community Affairs Committee moves to amend HB 602 as follows:
On Page 1, line 5, after the word "municipal", add the words "or county"
On Page 2, line 12, after the word "municipality" add the words "or county".
The following substitute, offered by Representative Skipper of the 116th, was read and adopted:
A BILL
To amend Code Section 36-80-3 of the Official Code of Georgia Annotated, relating to authorized investments of funds by the governing body of a municipality, county, school district, or other local government unit or political subdivision, so as to authorize the investment of municipal or county risk management and self-insurance funds in invest ments which are legal for domestic insurers; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 36-80-3 of the Official Code of Georgia Annotated, relating to authorized investments of funds by the governing body of a municipality, county, school
WEDNESDAY, FEBRUARY 27, 1991
1411
district, or other local government unit or political subdivision, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) (1) The governing body of a municipality, county, school district, or other local governmental unit or political subdivision, in addition to all other legal investments, may invest and reinvest money subject to its control and jurisdiction in:
ft) (A) Obligations of the United States and of its agencies and instrumentalities; 42} (B) Bonds or certificates of indebtedness of this state and of its agencies and instrumentalities; and (3) (C) Certificates of deposit of banks which have deposits insured by the Federal Deposit Insurance Corporation; provided, however, that that portion of such certifi cates of deposit in excess of the amount insured by the Federal Deposit Insurance Corporation shall be secured by direct obligations of this state or the United States which are of a par value equal to that portion of such certificates of deposit which would be uninsured. (2) Funds held by a municipality or county which have been designated as funds held for reserves for the purposes of self-insurance or risk management may be invested in any investments authorized for domestic property and casualty insurers pursuant to Chapter 11 of Title 33, except those investments authorized by Code Sec tions 33-11-29 and 33-11-30."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Y Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker YBalkcom YBufoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch
Breedlove Y Brooks
Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Y Canty Y Carrell
Y Carter Y Chafin E Chambless Y Cheeks Y Childers Y Clark,E
Clark.H
Y Clark,L Y Coker
Y Coleman Colwell Connell
Y Culbreth Y Cummings,B
Cummings.M Y Davis,G Y Davis.M Y Dixon,H Y Don,S
Dobbs Y Dover YDunn Y Edwards Y Elliott Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt YGodbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Y Groover Y Hamilton
Y Hammond Y Banner Y Harris.B Y HarrisJ
Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard
Hudson Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein
YLadd Y Lane,D E Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas
Lupton YMann Y Martin Y McCoy Y McKelvey
McKinney,B N McKinney.C Y Meadows Y Merritt
Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M YOrr
Orrock Padgett
Y Parham Parrish Patten
Y Pelote Y Perry
Pettit Y Pinholster
Pinkston
YPoag Y Porter Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall
YRay Y Reaves
Y Redding Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L
Y Smith.P Smith.T
E Smith,W Y Smyre YSnow Y Stancil,F Y Stancil,S Y Stanley Y Stephens Y Streat Y Taylor Y Teper Y Thomas.C Y Thoma,M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti
Y Vaughan Y WalkerJ
Walker.L YWall Y Ware
Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams,J
Y Williams,R Y Yeargin
Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 150, nays 1.
1412
JOURNAL OF THE HOUSE,
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative McKinney of the 40th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.
HB 537. By Representatives Jenkins of the 80th, Moultrie of the 93rd, Walker of the 113th, Martin of the 26th and Ray of the 98th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Anno tated, relating to costs in the probate courts, so as to change the court costs for certain services.
The following substitute, offered by Representative Jenkins of the 80th, was read and adopted:
A BILL
To amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, so as to change the court costs for certain services; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by striking subsections (a), (b), and (c) in their entirety and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows:
"(a) The judges of the probate courts are entitled to the following court costs for specific services:
(1) Temporary letters of administration:
Receiving applications; docketing and filing applications; services in determining necessity for temporary administration and entitlement of petitioner or other nominee thereto; order appointing; bond tak ing, approving, and filing; issuing oath; and issuing letters; excluding recording cost ..........................................................................................$ 32.60 41.00
(2) Permanent letters of administration:
Receiving applications; docketing and filing applications; granting and issuing citation and copy for legal gazette; services in determining statutory compliance in publication of citation, residence, and intes tacy of deceased, necessity for administration, and entitlement of petitioner or other nominee thereto; order of appointment; bond, tak ing, approving, and filing; issuing oath; and issuing letters; excluding recording cost.......................................................................................... 39rW 49.00
(3) Cost of probating wills in common form:
Receiving and filing will; receiving application; docketing and filing application; hearing evidence on probate and determining issue of devisavit vel non; order of probate and appointing executor; and issu ing letters; excluding recording cost.................................................... 30.00 38.00
(4) Cost of probating in solemn form:
Filing will for purpose of probating 'in solemn form'; receiving applica tion; docketing and filing application; order for service, including all citations issued in connection therewith; hearing evidence upon the probate and determining issue of devisavit vel non; order of probate
WEDNESDAY, FEBRUARY 27, 1991
1413
and appointing executor (or order denying same); oath of executor; and issuing letters; excluding recording cost....................................... 40.00 50.00
(5) Guardian ad litem (in probate of wills in solemn form and in all other proceedings where such is necessary):
Services in determining necessity for the appointment of guardian ad litem; receiving and examining answer of guardian ad litem; and copy of service; excluding recording cost...................................................... 6766 6.00
(6) Letters of guardianship of minors (includes temporary and perma nent guardianships of the person or property):
Receiving application; docketing and filing application and issuing all necessary citations, if any; services in determining necessity therefor and entitlement of petitioner or other nominee thereto; order appointing guardian; bond, taking, approving, and filing (person or property); issuing oath; and issuing letters; excluding recording cost ................. 88766 41.00
(7) Year's support:
All services of the probate court (except sheriff service and advertising), excluding recording cost......................................................................... 30.60 49.00
Recording certificate in superior court.................................................... 8766 4.00
(8) Conveying or encumbering a year's support:
Whole service, excluding recording cost................................................... 26.00 33.00
(9) Division in kind:
Receiving application; docketing and filing application; order appointing freeholders; commission to freeholders; and recording plat (see clerk's fees); excluding recording cost.............................................................. 30.60 49.00
(10) Compromise claim:
Receiving application; docketing and filing application; services in hear ing evidence for determination of the matter; and final order; exclud ing recording cost.................................................................................... 26766 33.00
(11) Returns -- Annual and final:
Receiving return; filing, docketing, and examining annual and final returns of executors, administrators, guardians, and trustees; oath; and order admitting, return to record:
Of all estates worth not more than $5,000.00, excluding recording cost .............. 16766 20.00
Of all estates worth more than $5,000.00, excluding recording cost............ 20.00 25.00
(12) Dismission of administrator, executor, or guardian:
Receiving application; docketing and filing application; granting cita tion; services in determining statutory compliance in publication of citation and entitlement of applicant to dismission; and issuing let ters; excluding recording cost................................................................ 26.00 31.00
(13) Habeas corpus:
1414
JOURNAL OF THE HOUSE,
Receiving application; docketing and filing application; issuance of writ; filing answer of respondent; excluding recording cost...................... 26.00 31.00
(14) Order of title:
Receiving application; docketing and filing application; granting cita tion; hearing evidence and determining matter; order; excluding recording cost.......................................................................................... 1*69 22.00
(15) Establishment of lost papers:
Receiving application; docketing and filing application; granting citation or notice; order; excluding recording cost........................................... 17.60 22.00
(16) Constitutional homesteads:
For the whole service in setting apart of homestead of realty and per sonalty when not litigated..................................................................... 20.00 25.00
Where objections are filed and heard, in addition to the proceedings............ 9.00
Surveyor, actual charge made (not included in fee base)................................. ----
(17) Statutory homestead (pursuant to Code Section 44-13-100):
For whole services in setting apart short homestead exemption.................. 12.60 16.00
(18) Nonwaiverable homestead exemption (pursuant to Code Section 44-13-42):
Short homestead, $300.00 limit............................................................... 4^90 5.00
(19) Mental illness (petition to determine the issue of hospitalization under Chapter 3 of Title 37):
For whole service in connection with each mental illness case............ 46.00 56.00
For services when petition filed but subsequently withdrawn or dis missed before hearing............................................................................. 24.00 30.00
(20) Letters of guardianship for mentally ill, mentally retarded, or men tally incompetent:
For whole service, including hearing ($45.00) and appointment of guard ianship ($30.00)....................................................................................... 76:09 94.00
(21) Inventory and appraisement:
Whole service for inventory, excluding recording cost.......................... 10.00 13.00
Whole service for appraisement, excluding recording cost................... 10.00 13.00
(22) Sale of realty, personalty, or perishable property under administra tion or guardianship:
Sale of perishable personalty, excluding recording cost........................ 26.00 31.00
(23) Leave of sale of realty and nonperishable personalty:
Public sale..................................................................................................... 2&90 31.00
Private sale................................................................................................... 40^9 50.00
WEDNESDAY, FEBRUARY 27, 1991
1415
(24) Sale bill:
Whole service for same, excluding recording cost.................................. 4^6 5.00
(25) No administration:
Receiving application; filing and docketing same; granting and issuing citation and copy for legal gazette; service in determining statutory compliance in publication of citation, intestacy of decedent, his heirs
and his being sui juris, property of decedent, no debts, and agree ment to amicably divide estate, etc.; and issuing order of 'No Admin istration Necessary'; excluding recording cost.................................... 87.60 47.00
(26) Petition for attorney's fee: Receiving application; filing and docketing the same; services in hearing and determining allegations of appli cations; and order; excluding recording cost.................................. 26.00 31.00
(27) Public safety patrol trial:
Holding trial................................................................................................. &60 10.00
Receiving written application for warrant............................................... 4^66 6.00
(28) Petition for change of birth certificate:
Whole service for same............................................................................... 24^0 30.00
(b) The judges of the probate courts are entitled to the following court costs for gen eral services:
(1) Recording, per page.................................................................................$
1.50
(2) All pleadings, amendments, motions, etc., excluding recording cost per page................................................................................................ &60 4.00
(3) Photostatic copies (for use as plain copies or as parts of cert, copies),
per page................................................................................................
.25
(4) All contested hearings (uncontested hearings included in base fee), per day.................................................................................................. 2MQ 31.00
(5) All contested hearings (uncontested hearings included in base fee), per one-half day or less ..................................................................... 1&Q6 19.00
(6) Exemplified copies, base fee..................................................................
3.00
Cost per page.................................................................................................
.25
(c) The judges of the probate courts are entitled to the following court costs for mis cellaneous services:
(1) Applicant to pay all publication costs of citations, notices, etc., at the usual legal rate, in all manner when such required. For receiving
any application, petition, or case where no costs are prescribed............$ 10.00 13.00
(2) For every case litigated before the judge of the probate court where no costs are prescribed, per day...................................................... 26.00 31.00
(3) For every case litigated before the judge of the probate court where no costs are prescribed, per one-half-day minimum charge................. 16.00 19.00
(4) For filing and docketing any application, petition, or case where no costs are prescribed............................................................................ t&69 13.00
1416
JOURNAL OF THE HOUSE,
(5) For every order passed where no costs are prescribed (provided that no fee shall be charged for drawing checks, orders, drafts, or war rants on the county treasury or county depository)..................... 3r60 3.00
(6) For each affidavit where no case is pending before judge of the pro
bate court.............................................................................................
.50
(7) For issuing process against a person for not making return............ 12.60 16.00
(8) For rule nisi..............................................................................................
12.50
(9) For each subpoena.................................................................................. M 1.00
(10) For hearing election contests, to be taxed as cost per day.............. 20.00 25.00
(11) For certificate of residency................................................................... SrOO 4.00
(12) For recording marks and brands.......................................................... 3rS6 4.00
(13) For bond when necessary...................................................................... rQQ 6.00
(14) For recording vouchers...........................................................................
.25
(15) Base fee for entering an appeal and transmitting the proceeding to superior court..................................................................................... ?r60 9.00
Cost per page of document.........................................................................
1.50
(Provided, however, that where a transcript of the evidence and pro ceedings is filed with the court and does not require recopying, the court shall not receive $1.50 per page for the transcript of evi
dence.)
(16) For filing and recording an official bond of county officers (to be paid by county).................................................................................. &W 4.00
(17) For taking and recording oath of county officer (to be paid by county)................................................................................................. &W 4.00
(18) For each fi. fa. issued by the clerk of the probate court................. 2^6 3.00
(19) For seal and certificate.......................................................................... 3^6 4.00
(20) Disabled veterans, certificate of eligibility, filing fee........................
1.00
(21) For every explosive permit.....................................................................
5.00
(22) For every peddler's license.....................................................................
1.50
(23) For certified copy of letters of administration, letters testamentary, or guardianship, including seal and certificate.............................. &Q9 4.00
(24) For services in making settlement of accounts of executors, adminis trators, and guardians (when contested)........................................ 26.00 31.00
(25) For registration of corporation, business profession, or commodity
subject to special tax, each................................................................
1.00
(26) For every pistol license issued...............................................................
15.00
(27) For preparing all papers, appointing managers, consolidating returns in general and special election, each ballot box............................ 22.60 28.00
(28) For petition for removal or accounting by any fiduciary (whole ser vice does not include costs of certified or registered mail, sheriffs
WEDNESDAY, FEBRUARY 27, 1991
1417
service, or advertising; base cost does not include a certified copy)............... S&rW 31.00
(29) For examining book and giving extract or fact that information sought is not therein.......................................................................... W6 2.00
(30) For safekeeping a will.............................................................................
5.00
(31) For petition to encroach if amount of encroachment is $500.00 or less............ TrW 9.00
(32) For petition to encroach over $500.00................................................. 43r6e 16.00
(33) For granting letters of administration CTA, DBN, or DBN-CTA, whole service....................................................................................... 46:69 56.00
(34) For granting letters to successor executor.......................................... 80.00 38.00
(35) For petition to determine heirs............................................................ 4&66 50.00
(36) For petition to enter safe-deposit box................................................. t66 16.00
(37) For receiving marriage application, issuing marriage license, and
recording (whole service)...................................................................
10.00
(38) For petition to accept funds for custody of minors, incompetents,
and missing heirs (percentage of funds deposited).....................
5%
(39) For every service required and performed where no fees are specified, the same fees allowed the clerks of the superior courts for similar services for a like amount of labor shall be allowed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker N Balkcom Y Barfoot Y Bargeron Y Barnett,B Y Barnett.M Y Bates
Y Beatty Y Benefield
Birdsong Y Blitch Y Bordeaux Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush
YBuck
Y Buckner
YByrd Y Campbell
Y Canty Y Carrell N Carter Y Chafin E Chambless Y Cheeks Y Childers Y Clark.E Y Clark.H Y Clark.L Y Coker Y Coleman
Colwell Connell Y Culbreth Y Cummings.B Cummings,M Davis.G N Davis.M N Dixon.H
Y Dixon.S
Y Dobbs Y Dover YDunn Y Edwards
Elliott Y Felton
Fennel
Y FloydJ.M Y FloydJ.W Y Flynt
Y Godbee Y Golden Y Goodwin Y Green
Y Greene Y Griffin Y Groover Y Hamilton Y Hammond Y Manner Y Harris.B Y Harris.J Y Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes
Y Howard Y Hudson
Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore
YKing Y Kingston Y Klein
YLadd Y Lane.D
E Lane.R Y Langford
Y Lawrence Y Lawson
YLee Long
YLord
Y Lucas Lupton
Y Mann Y Martin Y McCoy Y McKelvey
McKinney.B
Y McKinney.C Y Meadows Y Merritt
Milam Mills Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C Y Oliver.M Y Orr Orrock Y Padgett Y Parham Y Parrish
1418
JOURNAL OF THE HOUSE,
Patten YPelote Y Perry
Pettit
Y Pinholster Pinkston
Y Poag Y Porter Y Poston Y Powell,A
Y Powell,C Y Purcell
Y Randall Ray
Y Reaves Y Redding
Y Ricketson Y Royal Y Selman Y Sherrill Y Simpson Y Sinkfield
Y Skipper Y Smith.L
Y Smith,? Smith.T
E Smith, W Y Smyre
Y Snow Y Stancil.F Y Stancil.S Y Stanley Y Stephens Y Streat
Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond
Y Titus Y Tolbert
Townsend Y Turnquest
Twiggs Y Valenti
Y Vaughan Y Walker,J
Walker.L N Wall Y Ware Y Watson
Y Watts White
Y Wilder Y Williams.B
Williams,J Y Williams.R
Y Yeargin Murphy.Spkr
On the passage of the Bill, by substitute, the ayes were 145, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 257. By Representatives Carrell of the 65th, Harris of the 84th, Godbee of the 110th, Royal of the 144th, Barnett of the 10th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization, so as to specify additional duties of the county board of tax assessors in the event certain valuations are changed on appeals to the county board of equalization.
The following Committee substitute was read and withdrawn:
A BILL
To amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to county boards of equalization, so as to specify additional duties of the county board of tax assessors in the event certain valuations are changed on appeals to the county board of equalization; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 48-5-311 of the Official Code of Georgia Annotated, relat ing to county boards of equalization, is amended by striking subparagraph (e)(6)(C) and inserting in its place a new subparagraph (e)(6)(C) to read as follows:
"(C) (i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question pre sented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (h) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by regis tered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (f)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equal ization in compiling the tax digest for the county for the year in question and shall indicate such valuation for the immediately following year on the property tax notice of assessment of such taxpayer for the following year rather than substituting the val uation which was changed by the county board of equalization."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
The following substitute, offered by Representative Carrell of the 65th et al., was read and adopted:
WEDNESDAY, FEBRUARY 27, 1991
1419
A BILL
To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to provide that the filing of a certain real estate transfer tax form shall serve as a return of real property for ad valorem tax purposes under certain circumstances; to provide for procedures; to change the conditions under which the commissioner may approve a digest in a year in which a complete reevaluation or reappraisal program is implemented; to provide that when an appeal of an assessment is made to the county board of tax assessors and no change or correction is made by said county board of tax assessors, the notice sent to the taxpayer shall also be sent to the county board of equalization and shall constitute the taxpayer's appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal; to provide for appeal procedures; to specify additional duties of the county board of tax assessors in the event certain valuations are changed on appeals to the county board of equalization; to provide for other matters relative thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (a) of Code Section 48-5-20, relating to failure to return taxable property, and inserting in its place a new sub section (a) to read as follows:
"(a) (1) Any taxpayer of any county who returned or paid taxes in the county for the preceding tax year and who fails to return his property for taxation for the current tax year as required by this chapter shall be deemed to have returned for taxation the same property as was returned or deemed to have been returned in the preceding tax year at the same valuation as the property was finally determined to be subject to taxation in the preceding year. Each such taxpayer shall also be deemed to have claimed the same homestead exemption and personal property exemption as allowed in the preceding year.
(2) Any taxpayer of any county who acquired real property by transfer in the pre ceding tax year for which a properly completed real estate transfer tax form has been filed and the real estate transfer tax required under Article 1 of Chapter 6 of this title has been paid, and where no subdivision of the real property has occurred at the time of transfer, shall be deemed to have returned for taxation the same real property as was acquired by transfer at the same valuation as the real property was finally deter mined to be subject to taxation in the preceding year. Nothing in this paragraph shall be construed to relieve the taxpayer of the responsibility to file a new timely claim for a homestead exemption and personal property exemption or to file a timely return where improvements have been made to the real property since it was last returned for taxation."
Section 2. Said chapter is further amended by striking subsection (a) of Code Sec tion 48-5-304, relating to approval of county ad valorem tax digests when appeals have been filed or arbitrations demanded, 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 com missioner at the time the digest is filed for examination and approval. The Except as hereafter provided in this Code section, 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 or reappraisal program is implemented, 6 percent of the property, by assessed value ta dispute, er number ef properties may be arbitration er e appeal, the commissioner may
1420
JOURNAL OF THE HOUSE,
approve a digest when the assessed value in dispute exceeds 3 percent if and only if: (1) the assessed value in dispute does not exceed 8 percent and (2) the total number of properties in arbitration and on appeal does not exceed 5 percent of all properties making up the total taxable tangible digest; but if in any such year either the assessed value in dispute exceeds 8 percent of the total assessed value of the total taxable tangi ble digest or the total number of properties in arbitration and on appeal exceeds 5 per cent, the commissioner shall not approve the digest."
Section 3. Said chapter is further amended by striking paragraphs (1) through (3) of subsection (e) of Code Section 48-5-311, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, and inserting in their place new paragraphs (1) through (3) to read as follows:
"(1) Any resident or nonresident taxpayer may appeal from an assessment by the county board of tax assessors to the county board of equalization as to matters of tax ability, uniformity of assessment, and value, and2 for residents, as to denials of home stead exemptions, in the manner provided in paragraph {3} (2) of this subsection.
(2) (A) An appeal shall be effected by filing with the county board of tax assessors a notice of appeal within the time provided by law 30 days from the date of mailing the notice pursuant to Code Section 48-5-306. A written objection to an assessment of real property received by a county board of tax assessors stating the location of the real property and the identification number, if any, contained in the tax notice shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. A written objection to an assessment of personal property received by a county board of tax assessors giving the account number, if any, con tained in the tax notice and stating that the objection is to an assessment of personal property shall be deemed a notice of appeal by the taxpayer under the grounds listed in paragraph (1) of this subsection. The county board of tax assessors shall review the valuation or denial in question and, if any changes or corrections are made in the val uation or decision in question, the board shall send a notice of the changes or correc tions to the taxpayer pursuant to Code Section 48-5-306. Such notice shall also explain the taxpayer's right to appeal to the county board of equalization as provided in subparagraph (C) of this paragraph if the taxpayer is dissatisfied with the changes or corrections made by the county board of tax assessors.
(B) If no changes or corrections are made in the valuation or decision, the county board of tax assessors shall send written notice thereof by certified matt retain receipt to the taxpayer and to the county board of equalization which notice shall also explain constitute the taxpayer's right te appeal to the county board of equalization without the necessity of the taxpayer's filing any additional notice of appeal to the county board of tax assessors or to the county board of equalization. The taxpayer shall,
ft wfitcQft notice of dppefli T til6 county Doftrd of tfts ftssessors. 1 n county DOOTCI 01 tax assessors shall also send or deliver the netiee ef- appeal aad all necessary papers to the county board of equalization.
(C) If changes or corrections are made by the county board of tax assessors, the board shall notify the taxpayer in writing of such changes. If the taxpayer is dissatis fied with such changes or corrections, the taxpayer shall, within 21 days of the date of mailing of the change notice, institute an appeal to the county board of equalization by sending a written notice of appeal to the county board of tax assessors. The county board of tax assessors shall send or deliver the notice of appeal and all necessary paper to the county board of equalization.
county beard ef- ta* assessors within 36 days fi-em the date ef- mailing the notice pursunt te Code Section 48-6-306 ef paragraph (& of this subsection. A notice ef- appeal, a* tfle eftsc r ft nonresident of tnc countyt snfill oc iii6u witn tne county DOflrc* of tflx flsscs* sew withift 36 days fre the mailing ef the notice, as provided is Code Section 48-6-366 or paragraph {2} ef this subsection. Reserved."
WEDNESDAY, FEBRUARY 27, 1991
1421
Section 4. Said chapter is further amended by striking subparagraph (e)(6)(C) of Code Section 48-5-311, relating to county boards of equalization and appeals from assess ments of county boards of tax assessors, and inserting in its place a new subparagraph (e)(6)(C) to read as follows:
"(C) (i^ The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question pre sented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (h) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by regis tered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each of the three members of the county board of equalization must be present and must participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (f)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equal ization in compiling the tax digest for the county for the year in question and shall indicate such valuation for the immediately following year on the property tax notice of assessment of such taxpayer for the following year rather than substituting the val uation which was changed by the county board of equalization."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:
Abernathy Y Adams Y Aiken Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot
Bargeron Barnett.B Y Barnett.M
Y Bates Y Beatty Y Benefield Y Birdsong Y Blitch
Y Bordeaux Y Bostick Y Branch
Y Breedlove Y Brooks Y Brown
Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter Y Chafin E Chambless Y Cheeks
Y Childers Y Clark.E Y Clark,H Y Clark.L Y Coker
Y Coleman Colwell Connell
Y Culbreth Y Cumminga,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S Y Dobbs Y Dover
Y Dunn Edwards
Y Elliott
Y Felton Y Fennel Y Floyd,J.M Y Floyd,J.W Y Flynt
Godbee Y Golden Y Goodwin Y Green Y Greene Y Griffin
Groover
Y Hamilton
Y Hammond Manner
Y Harris,B Y Harris,J Y Heard Y Henson Y Herbert Y Hightower
Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd
Y Lane,D E Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas
Lupton YMann
Y Martin
Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills Y Mobley
Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Y Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit
Pinholster
Pinkston YPoag Y Porter
Poston
Y Powell.A Y Powell,C Y Purcell
Randall YRay Y Reaves Y Redding Y Ricketson
Royal Y Selman Y Sherrill
Y Simpson Sinkfield
Y Skipper Y Smith,L Y Smith.P
Smith.T E Smith.W Y Smyre YSnow Y Stancil.F Y Stancil.S
Stanley
Y Stephens Y Streat
Y Taylor Y Teper
Y Thomas.C Y Thomas.M Y Thomas.N Y Thurmond Y Titus Y Tolbert
Towmend Y Turnquest
Twiggs
1422
JOURNAL OF THE HOUSE,
Y Valenti Y Vaughan Y Walker,J
Walker,L Y Wall Y Ware
Y Watson Y Watts
White
Y Wilder Y Williams,B
Williams,J
Y Williaros.R Yeargin Murphy ,Spkr
On the passage of the Bill, by substitute, the ayes were 145, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Royal of the 144th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HR 119. By Representative Orrock of the 30th: A resolution compensating Mr. Keith Stephen Marks.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:
Abernathy Y Adams Y Aiken
Y Alford Y Atkins Y Baker Y Balkcom Y Barfoot Y Bargeron Y Barnett.B Y Barnett,M Y Bates
Y Beatty Y Benefield Y Birdsong Y Blitch Y Bordeaux
Y Bostick Y Branch Y Breedlove Y Brooks Y Brown Y Brush YBuck Y Buckner YByrd Y Campbell
Canty Y Carrell Y Carter
Chafin E Chambless Y Cheeks Y Childers Y Clark,E
Clark.H
Y Clark.L Y Coker Y Coleman
Colwell Connell
Y Culbreth Y Cummings,B Y Cummings.M Y Davis.G Y Davis.M Y Dixon.H Y Dixon.S
Dobbs Y Dover Y Dunn Y Edwards
Elliott Felton Y Fennel Y Floyd,J.M Y Floyd,J.W YFlynt
Y Godbee Y Golden Y Goodwin Y Green
Greene Y Griffin Y Groover
Hamilton Y Hammond
Manner Y Harris,B Y Harris,J
Heard Y Henson
Y Herbert Y Hightower Y Holland Y Holmes Y Howard Y Hudson
Irwin Y Jackson
Jamieson Y Jenkins Y Jones Y Kilgore YKing Y Kingston Y Klein YLadd Y LaneJD E Lane.R Y Langford Y Lawrence Y Lawson YLee
Long YLord Y Lucas
Lupton YMann Y Martin
Y McCoy Y McKelvey
McKinney.B Y McKinney.C Y Meadows Y Merritt Y Milam Y Mills
Y Mobley Y Moody Y Morsberger Y Moultrie Y Mueller Y Oliver.C
Oliver.M YOrr
Orrock Y Padgett Y Parham Y Parrish
Patten Y Pelote Y Perry Y Pettit
Pinholster Pinkston
YPoag Porter
Y Poston Y Powell,A Y Powell.C Y Purcell Y Randall YRay
Reaves Redding Y Ricketson Royal Y Selman Y Sherrill Y Simpson Sinkfield Y Skipper
Y Smith.L
Y Smith,? Y Smith,T E Smith,W Y Smyre YSnow
Y Stancil,F Y Stancil.S
Stanley Stephens Y Streat Y Taylor Y Teper Y Thomas.C
Y Thomas,M Thomas,N
Y Thurmond
Y Titus Y Tolbert
Townsend Turnquest Twiggs Valenti Y Vaughan Y Walker,J Walker,L
Y Wall YWare Y Watson Y Watts Y White Y Wilder Y Williams,B
Williams.J Y Williams.R Y Yeargin
Murphy,Spkr
On the adoption of the Resolution, the ayes were 139, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
Representative Childers of the 15th District, Chairman of the Committee on Health & Ecology, submitted the following report:
WEDNESDAY, FEBRUARY 27, 1991
1423
Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 573 Do Pass
HB 712 Do Pass, by Substitute HB 849 Do Pass SB 87 Do Pass, by Substitute
SB 123 Do Pass
SB 209 Do Pass SB 222 Do Pass SB 229 Do Pass
Respectfully submitted, Is,/ Childers of the 15th
Chairman
Representative Watson of the 114th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills and Res olution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 829 Do Pass HR 379 Do Pass SB 100 Do Pass
SB 160 Do Pass SB 161 Do Pass
Respectfully submitted, M Watson of the 114th
Chairman
Representative Ware of the 77th District, Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 845 Do Pass HB 776 Do Pass HB 902 Do Pass
HB 903 Do Pass HB 905 Do Pass
HB 906 Do Pass SB 342 Do Pass SB 190 Do Pass, by Substitute
HB 769 Do Pass, by Substitute
Respectfully submitted, /s/ Ware of the 77th
Chairman
Representative Thomas of the 69th District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
1424
JOURNAL OF THE HOUSE,
HB 451 Do Pass, by Substitute HB 556 Do Pass HB 758 Do Pass, by Substitute
Respectfully submitted, /s/ Thomas of the 69th
Chairman
Representative Twiggs of the 4th District, Chairman of the Committee on Public Safety, submitted the following report:
Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 772 Do Pass SB 171 Do Pass, by Substitute SB 172 Do Pass, by Substitute
HB 455 Do Pass, by Substitute HB 824 Do Pass
Respectfully submitted, M Twiggs of the 4th
Chairman
Representative Walker of the 115th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.